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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
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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.
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