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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (June 28, 2018)
5A THE DAILY ASTORIAN • THURSDAY, JUNE 28, 2018 Retiring Justice Kennedy often the man in the middle By MARK SHERMAN Associated Press WASHINGTON — Jus- tice Anthony Kennedy, the Supreme Court’s decisive man in the middle on abortion, gay rights and other contentious issues, announced his retire- ment, giving President Don- ald Trump a golden chance to cement conservative control of the nation’s highest court. The 81-year-old Ken- nedy, often a voice of moder- ation over three decades on the court, provided the key vote on such closely divided issues as affirmative action, guns, cam- paign finance and voting rights in addition to same-sex mar- riage and the right to abortion. Kennedy informed his col- leagues of his plans, then went to the White House to meet with Trump, where the president said they talked for half an hour about a poten- tial successor and other top- ics. The retirement, announced Wednesday, will take effect at the end of July. Trump praised Kennedy as a man of “tremendous vision” and said his search for a new justice would begin “immediately.” Without Kennedy, the court will be split between four liberal justices who were appointed by Democratic pres- idents and four conservatives who were named by Republi- cans. Trump’s nominee, likely to give the conservatives a solid majority, will face a Sen- ate confirmation process in which Republicans hold the slimmest majority but Demo- crats can’t prevent a vote. Several former law clerks have said that Kennedy, a nominee of President Ron- ald Reagan, preferred to be replaced by a Republican. If he had waited, and if Democrats had taken control of the Sen- ate in November, Trump could have found it more difficult to get his choice confirmed. The other two older jus- tices, Ruth Bader Ginsburg, 85, and Stephen Breyer, 79, are Democratic appoin- tees who would not appear to be going anywhere during a Trump administration if they can help it. Trump’s first high court nominee, Neil Gorsuch, was confirmed in April 2017. If past practice is any indication, the president will name a nom- inee within weeks, setting in motion a process that could allow confirmation by the time the court reconvenes in early October. Trump already has a list of 25 candidates — 24 judges AP Photo/Carolyn Kaster President Donald Trump, left, and Supreme Court Justice Anthony Kennedy participate in a public swearing-in cer- emony for Justice Neil Gorsuch in April 2017 in the Rose Garden of the White House in Washington. and Utah Sen. Mike Lee — and has said he would choose a nominee from that list. Abortion is likely to be one of the flash points in the nom- ination fight. Kennedy has mainly supported abortion rights in his time on the court, and Trump has made clear he would try to choose jus- tices who want to overturn the landmark Roe v. Wade deci- sion. Such a dramatic ruling may not be immediately likely, but a more conservative court might be more willing to sus- tain abortion restrictions. “If Donald Trump, who has promised to overturn Roe v. Wade, picks someone who is anti-choice, the future of Roe v. Wade is very much in question,” said David Cole, national legal director for the American Civil Liberties Union. Interest groups across the political spectrum are expected to mobilize to support and fight the nomination because it is so likely to push the court to the right. Republicans currently hold a bare 51-49 majority in the Senate, although that includes the ailing Sen. John McCain of Arizona. If Dem- ocrats stand united in opposi- tion to Trump’s choice, Senate Majority Leader Mitch McCo- nnell of Kentucky can lose no more than one vote. If the Sen- ate divides 50-50, Vice Presi- dent Mike Pence could break a tie to confirm the nominee. Prominent on the list of possible successors are Judges Thomas Hardiman of Penn- sylvania and William Pryor of Alabama, who were seriously considered for the seat even- tually filled by Gorsuch, and Judge Brett Kavanaugh, who serves on the federal appeals court in Washington. Judges Amy Coney Barrett, whom Trump named to the federal appeals court in Chicago, and Raymond Kethledge, a for- mer Kennedy law clerk who serves on the appeals court based in Cincinnati, also may be considered. Kavanaugh is a longtime Washington insider, also a one- time Kennedy clerk and a key member of independent coun- sel Kenneth Starr’s team that produced the report that served as the basis for President Bill Clinton’s impeachment. In October, Kavanaugh dissented when his court ruled that a teenage migrant in federal cus- tody should be able to obtain an abortion immediately. Regardless of who replaces him, Kennedy’s departure will be a major change for the high court, where he has been the crucial swing vote for more than a decade. He has sided with the liberal justices on gay rights and abortion rights, as well as some cases involving race, the death penalty and the rights of people detained with- out charges at the Guantanamo Bay naval base. He has written all the court’s major gay-rights decisions, including the 2015 ruling that declared same-sex marriage is a constitutional right nationwide. However, he also has been a key vote when conservatives have won major rulings on the outcome of the 2000 presiden- tial election in favor of George W. Bush, on gun rights, lim- iting regulation of campaign money and gutting a key pro- vision of the landmark federal Voting Rights Act. There were no outward signs that Kennedy was get- ting ready to retire. He had hired his allotment of four law clerks for the term that begins in October and he is planning to spend part of the summer as he typically does, teaching a law school class in Salzburg, Austria. Experts: Mental health workers will answer police calls in community Continued from Page 1A Oregon promised to expand mobile crisis services statewide by July as part of an agreement with the U.S. Department of Justice to resolve a federal civ- il-rights investigation into the state’s treatment of the men- tally ill. The state has committed to a community-based mental health approach that empha- sizes treatment over institu- tionalization and criminal jus- tice. Some counties have paired mental health experts with police for the past few years and have seen promising results. Yet many rural areas, like Clatsop County, have lacked the resources to adequately respond to people in mental health crisis or offer treatment locally. Teams of two mental health experts from Clatsop Behav- ioral Healthcare will cover 12-hour shifts and answer police calls in the community. The outreach could give law enforcement deeper insight into people who are already on the county’s mental health radar, as well as provide a point of contact for people with undi- agnosed or untreated mental illness. “In many ways, people don’t access services until they’re in crisis,” Baker said. Brighter lines Clatsop Behavioral Health- care, the target of intense crit- icism by some families over treatment decisions, has tried to use the rollout of mobile cri- sis services as an opportunity to draw brighter lines of responsi- bility with hospitals. In an April letter to Colum- bia Memorial Hospital in Asto- ria and Providence Seaside Hospital, the mental health agency outlined the risk of legal liability in participating in the discharge and safety plan- ning of patients. Over the past few years, disagreements over whether patients brought to hospitals in mental health crisis should be released have led to con- fusion over who is ultimately responsible. In May, Samuel Dickson, the civil commitment coordi- nator for the Oregon Health Authority, visited the county and stressed the importance of professional boundar- ies between a mental health agency and hospital. “Hospitals are ultimately responsible for the admis- sion and discharge of their patients, per state and federal regulation,” Saerom England, a spokeswoman for the Ore- gon Health Authority, said in an email. “The community men- tal health program can work in partnership with the hospital to conduct mental health assess- ments and to connect consum- ers to services in the commu- nity; however, hospitals are ultimately responsible for sta- bilization and discharge.” ‘In many ways, people don’t access services until they’re in crisis.’ Amy Baker the executive director of Clatsop Behavioral Healthcare, the county’s mental health contractor The process can be con- founding for families, espe- cially when a patient released from the hospital slips further into mental illness or harms themselves or others. Police can detain someone in mental health crisis and take them to the hospital. Medical staff can evaluate patients and determine whether they should be placed on a hold for mental health reasons. Clatsop Behav- ioral Healthcare can consult with both police and hospitals on treatment options and place patients on what is known as a director’s hold, a path to trans- fer to a psychiatric hospital. The mental health agency also does investigations for civil commitments, where judges determine whether patients should be committed for mental health treatment. Columbia Memorial and Providence Seaside do not pro- vide psychiatric care, so ten- sion often builds over how long to keep patients brought to emergency rooms in mental health crisis once they appear to stabilize. “CMH has worked hard over the years to develop T HURSDAY E VENING (2) (-) (-) (6) (-) (8) (9) (10) (12) (13) (-) (20) (-) (29) (30) (31) (32) (34) (35) (36) (38) (39) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (56) (57) (58) (61) (63) (64) (65) (162) L KATU KOMO KING KOIN KIRO KGW KRCW KOPB KPTV KPDX KCPQ TBS KZJO ESPN ESPN2 NICK DISN FAM FMC LIFE ROOT FS1 SPIKE COM HIST A&E TLC DISC NGEO TNT AMC USA FOOD HGTV FX CNN FNC CNBC BRAV TCM SYFY RFD (2) (4) (5) (-) (7) (-) (3) (10) (12) (-) (13) (20) (22) (29) (30) (31) (32) (34) (35) (36) (38) (39) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (56) (57) (58) (61) (63) (64) (65) (162) 6 PM ‘Gravity’ Law enforcement has at times been frustrated after repeatedly taking people in mental health crisis to hospi- tals, only to see them released. A crisis respite center in War- renton that was supposed to be an alternative to hospitals or jail does not have secure beds, so the respite center func- tions as a residential treatment option. In 2015, Astoria police pulled a woman with a his- tory of schizophrenia and depression from the Astoria Bridge and took her to Colum- bia Memorial, where she was evaluated by a mental health crisis worker and doctor and SCHEDULE THE DAILY ASTORIAN A strong, collaborative relation- ships with CBH in support of mental health services in our community,” Nicole Williams, the chief operating officer at Columbia Memorial, said in an email. “We believe that mobile crisis response is an essen- tial component of the portfo- lio of outpatient mental health services and are pleased CBH will continue to provide those services.” released. A week later, the woman jumped off the bridge to her death. In March, Warrenton police took a young woman in crisis to Columbia Memorial in the days before she killed her dog. “If you’re standing up on the bridge with somebody and they’re telling you, ‘Look, this is my plan. I’m going to end my life.’ And you remove them from that situation to the hospi- tal, I think there are times when the gravity of what that really is gets lost when they’re in a more controlled environment,” Asto- ria Police Deputy Chief Eric Halverson said. “And so I know there has been frustration in the past by officers when folks have been released. But, at the end of the day, we’re just one part of the process. And the pro- cess exists to make sure that people’s rights are protected and that people are getting the kind of help that they should be getting.” After a management shake-up in 2016, Clatsop Behavioral Healthcare has tried to build stronger relation- ships with law enforcement through regular discussions to talk through situations that pop up in the community. Hav- ing mental health experts in the field with police could improve understanding. “We all want to work together regarding this current issue which is a huge drain and strain on everyone involved,” Sheriff Tom Bergin said in an email. “We already work closely with them, so no spe- cial guidance to our deputies. However, I am sure this is an asset that will be used regularly and widely amongst those of us connected to the current mental health crisis.” With limited training in mental health, police officers and sheriff’s deputies have to make judgment calls about whether someone who has not committed a crime should be detained and taken to the hospital. “Any additional services that we can get to assist people in mental health crisis would be very valuable to us,” Asto- ria Police Chief Geoff Spalding said. “There’s clearly a short- age of that in this community, and most communities, so any- thing is going to be beneficial.” Mobile crisis services might improve the odds law enforce- ment can de-escalate outbursts that could easily descend into violence or end in suicide. A 2015 study by the Treat- ment Advocacy Center, a nonprofit in Arlington, Vir- ginia, found that people with untreated mental illness are 16 times more likely than others to be killed after being approached or stopped by police. “Anything that can allow my officers to get some- body the help they need with- out taking away personal lib- erty,” Warrenton Police Chief Mathew Workman said. Evening listings THURSDAY J UNE 28 A - Charter Astoria/ Seaside - L - Charter Long Beach 6:30 7 PM 7:30 8 PM 8:30 9 PM 9:30 10 PM 10:30 11 PM 11:30 Jeopardy! (N) KATU News at 6 (N) Wheel of Fortu Fortune The Gong Show (N) Match Game (N) Take Two "The Smoking Gun" (N) KATU News (N) (:35) Jimmy Kimmel KOMO 4 News (N) Wheel of Fortune Jeopardy! (N) The Gong Show (N) Match Game (N) Take Two "The Smoking Gun" (N) KOMO 4 News (N) (:35) Jimmy Kimmel NBC News (N) KING 5 News KING 5 News Evening Little Big Shots "Steveosaurus Rex" (N) Marlon (N) Marlon (N) Law & Order: S.V.U. 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