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Clarence Thomas's killer jurisprudence
Clarence Thomas's killer jurisprudence

The Hill

time7 days ago

  • Politics
  • The Hill

Clarence Thomas's killer jurisprudence

Constitutional interpretation can sometimes seem abstract and disconnected from the fate of the people whose cases the Supreme Court decides. One could certainly get that feeling from reading the court's June 26 decision about whether death row inmate Ruben Gutierrez could get the state of Texas to test DNA in its possession. Gutierrez contends that such a test would show he should not have received a death sentence and be facing execution. But the 6-3 decision did not get to the merits of his request, focusing instead only on the highly technical question of whether judges could even hear it. Gutierrez claims that Texas state law creates a ' statutory entitlement ' to DNA testing. More than 50 years ago, the Supreme Court found that if a government establishes a benefit for a group of people, no member of the group can be denied the benefit without being afforded due process of law. Since then, millions of Americans who receive any kind of government benefit have been protected by the court's recognition of statutory entitlements. Neither that fact nor the fact that Guttierez's life was on the line received much attention from any of the justices. But the court's decision became another occasion for Justice Clarence Thomas to carry on his crusade to turn back the clock on modern jurisprudence, even if it meant that Gutierrez would be executed and Americans of all walks of life would lose crucial protections. Thankfully, Thomas's opinion did not prevail in this case. But that doesn't mean his desire is any less chilling. In 1986, the late Robert Cover, a justifiably famous Yale law professor, wrote an essay reminding readers that 'Legal interpretation plays on a field of pain and death.' As Cover explained, 'A judge articulates her understanding of a text, and as a result, somebody loses his freedom, his property, his children, even his life.' Cover wanted judges to keep the consequences of what they do front of mind, and the rest of us not to get lost in the weeds of the opinions that judges write. Gutierrez has been on death row since 1999, after he was convicted of robbery and murder. The victim was repeatedly stabbed as intruders searched her mobile home for cash. As the Supreme Court explained, under Texas law, a defendant can be sentenced to death if they 'actually caused the death,' 'intended to kill' or 'anticipated' that someone would be killed. Gutierrez has always argued that he did not do any of those things and that DNA will show he was not at the crime scene. He is trying to take advantage of a provision of Texas law, but he has a problem. As Justice Sonia Sotomayor notes in her majority opinion, the law allows DNA testing when a convicted person can show that they 'would not have been convicted if exculpatory results had been obtained through DNA testing.' Therein lies Gutierrez's problem. He is seeking DNA testing to establish not that he is innocent, but rather that the state had no basis for seeking a death sentence in his case. Gutierrez claims that because the statute does not allow for post-conviction DNA testing where the sentence is at issue, it violates the Constitution's 14th Amendment. In his view, refusing access to that testing violated his 'liberty interest' recognized in that amendment. But the Fifth Circuit Court of Appeals said that Gutierrez's litigation should not go forward because there was nothing the courts could do to make the local prosecutor 'reverse course and allow testing.' Sotomayor's majority opinion said that his suit could proceed because Article 64 established what she called a 'state-created right.' That right went beyond the literal language of the law and entailed 'other procedures essential to realizing the state-created right.' Enter Justice Thomas. In his view, the very idea of a state-created right is utter nonsense. As he bluntly put it, 'that premise cannot be squared with any principled reading of the Due Process clause.' Thomas grounded his dissent in what he claimed was the original understanding of the word 'liberty' in the 14th Amendment. At that time, he said, liberty 'referred only to physical restraint. It did not include entitlements to state-created benefits' like access to DNA testing. Looking to undo the past 50 years of Supreme Court precedent, Thomas invited his colleagues to 'correct the error' the court made when it first recognized state-created rights. Death penalty or no death penalty, Thomas used the Gutierrez case to carry on his crusade of constitutional purification. And it shows the depth of his commitment to turning back the jurisprudential clock, even if it means that someone will die as a result. But it is not just Gutierrez's fate that is on the line — so is the fate of millions of people who receive public assistance, student or small business loans, and other government benefits. That is why his colleagues on the Supreme Court should continue to reject Justice Thomas's effort to turn back time.

Best Rain Bag Covers to Grab During Amazon Prime Day Sale 12th to 14th July
Best Rain Bag Covers to Grab During Amazon Prime Day Sale 12th to 14th July

India.com

time14-07-2025

  • Climate
  • India.com

Best Rain Bag Covers to Grab During Amazon Prime Day Sale 12th to 14th July

A rain bag cover is an essential accessory for protecting your bags from unexpected showers and keeping your belongings dry. Lightweight and easy to fold, these covers slip over backpacks, handbags, and laptop bags effortlessly. During Amazon's Prime Day Sale from 12th to 14th July, you can find durable, water-resistant bag covers at excellent prices. It's the perfect opportunity to safeguard your essentials and step out with confidence during unpredictable weather. Boldfit Rain Cover for Backpack Image Source: Order Now Boldfit's rain cover is a compact travel essential for backpackers, commuters, and college students alike. Designed to fit bags up to 45 liters, it offers waterproof protection in a sleek black finish that complements any backpack style. Key features: Waterproof and dustproof coating shields your bag from rain, mud, and road grime Fits snugly over bags up to 45L with an elastic edge for a secure, universal fit Lightweight and foldable for easy storage in side pockets or pouches when not in use Offers simple, reliable protection for daily commutes, short hikes, and casual travel It lacks reflective detailing, which may be a concern for low-light visibility Wildcraft 100% Waterproof Rain Cover Image Source: Order Now Wildcraft brings dependable weather protection with this 45L-compatible rain cover, known for its durability and outdoor-ready construction. The off-white multicolor design adds a distinctive look to your backpack while keeping it completely dry. Key features: 100% waterproof material blocks heavy rainfall and keeps contents dry during treks Elastic edging hugs the bag tightly, even in windy conditions or long hikes Comes from a trusted outdoor gear brand with a reputation for rugged utility Ideal for trekking, biking, or monsoon travel with superior durability The light off-white color may show dirt more easily over time with frequent use Storite Rain Cover with Pouch (30–35L) Image Source: Order Now Storite's compact rain cover is perfect for smaller backpacks used in schools, colleges, or everyday office commutes. It includes a convenient pouch and is built to protect medium-sized bags with minimal bulk. Key features: Sized to fit 30–35L backpacks, ideal for students and working professionals Includes a small storage pouch for portability and organized packing Waterproof, dustproof, and tear-resistant material holds up well to daily use Elastic adjustable fit allows flexibility for different bag shapes Limited to medium-capacity bags, so not suitable for larger travel or trekking packs TULMAN Rain Cover for Backpack Image Source: Order Now TULMAN's rain cover offers a practical balance between compact size and coverage for everyday travelers. It's built with waterproof fabric and fits backpacks up to 40 liters, making it a solid pick for office-goers and light trekkers. Key features: Made with lightweight, waterproof material that holds off moderate to heavy rain Compact and foldable design for quick storage inside your backpack Perfect fit for backpacks up to 40L with flexible elastic grip Great for casual hiking, short trips, and daily rainy-season use The fabric may not withstand repeated rugged trail use compared to thicker models Using a rain bag cover gives you peace of mind on rainy days, ensuring your electronics, books, and daily essentials stay safe and dry. With compact, reusable designs, they're convenient to carry and simple to use anytime. During Amazon's Prime Day Sale from 12th to 14th July, you'll discover great deals on various styles and sizes. Choose a rain bag cover that fits your favorite bag perfectly and enjoy worry-free travel in all seasons. Disclaimer: At IDPL, we help you stay up-to-date with the latest trends and products. It should not be construed as an endorsement to buy. IDPL may make a very small commission from its sale if one chooses to buy the product from any of the links in this article.

The transformed touch points
The transformed touch points

Time of India

time23-06-2025

  • Entertainment
  • Time of India

The transformed touch points

The Cannes Lions International Festival of Creativity celebrates outstanding creative work across various disciplines, honoring not just Grand Prix winners but also impactful silvers and bronzes. In our " BE Extraordinary " series, a collaboration with Harsh Kapadia, CCO, Grey India , we spotlight campaigns that truly warrant discussion for their strategic depth and exceptional execution. This installment focuses specifically on Brand Experience and Activations , showcasing how brands craft immersive, interactive encounters to forge direct connections with audiences, build lasting impressions, and drive tangible results in dynamic environments. Fictional Insurance - Bogotá, DDB Colombia / RCN Prime The "Fictional Insurance" campaign, a collaboration between an unspecified insurance entity in Bogotá, DDB Colombia, and RCN Prime, aimed to illustrate the relevance and benefit of insurance in an engaging and accessible manner. The initiative leveraged branded entertainment by integrating itself into a crime show broadcast on RCN Prime. Viewers were provided with the interactive opportunity to "insure" fictional characters within the ongoing narrative of the show. Participants could predict the manner in which a specific character might die during the series. If their prediction accurately aligned with the plot's outcome, they would receive a real payout. This novel approach served as an interactive activation, demonstrating the core concept of insurance payouts within an entertaining and relatable context, allowing audiences to experience the tangible benefit of coverage without overt promotional messaging. Ads Cover Rent - Brahma Beer, Africa Creative DDB/São Paulo Brahma, a prominent Brazilian beer brand with strong historical ties to the country's Carnival celebrations, launched the "Ads Cover Rent" initiative in collaboration with Africa Creative DDB, São Paulo. This campaign addressed the challenge of escalating accommodation costs in Brazil during the Carnival period, which often deters tourists. The core of the initiative involved offering tourists who booked apartments through Airbnb a reduced rental fee. In exchange for this financial incentive, the renters agreed to display Brahma-branded banners on their balconies. These banners were not generic; they were custom-designed to fit the specific size and aesthetic of each individual balcony. This provided a direct financial benefit to the vacationers while simultaneously securing prime advertising visibility for Brahma. The strategically placed banners along parade routes effectively transformed private rented spaces into prominent, high-traffic advertising locations for the brand during one of Brazil's largest and most photographed cultural events, maximising brand exposure without the cost of official sponsorship. The Kimberly Price - Plaza Vea, Fahrenheit DDB, Lima Plaza Vea, a supermarket in Peru, launched "The Kimberly Price" campaign, developed with Fahrenheit DDB Lima, to stimulate viewership for Peruvian speed walker Kimberly Garcia's races during the Paris Olympics. A key challenge was that these races were scheduled for late-night hours in Peru, making widespread viewership difficult. To incentivise audiences to tune in, Plaza Vea announced a unique promotion. The pricing of a selection of electronic gadgets, including televisions, refrigerators, and mobile phones, would be directly linked to Kimberly Garcia's bib number. This bib number was a dynamic element, only revealed moments before the start of her race. For instance, if her bib number was 146, certain promotional items would then be offered at a price of S/146 (Peruvian Soles). This mechanism generated significant curiosity and anticipation, directly motivating consumers to watch the live telecast at unconventional hours to discover the discounted prices. The campaign successfully connected the supermarket's brand to national athletic pride and a shared viewing experience, extending beyond traditional promotional methods. The Athlete's Code - Powerade (The Coca-Cola Company), Ogilvy New York "The Athlete's Code" by Powerade, a brand from The Coca-Cola Company, addressed a significant and long-standing issue within professional sports: the potential loss of sponsorships for athletes who take necessary breaks due to injury, mental health struggles, or severe stress. In collaboration with Ogilvy New York, Powerade, which positions itself around athletic recovery, made a public commitment to integrate a specific, protective clause into its sponsorship contracts. This clause guaranteed that Powerade would continue to fulfill its financial obligations to sponsored athletes even if they needed to step away from competition for health-related reasons. The initiative directly aligned with Powerade's core brand promise of supporting comprehensive recovery, extending beyond physical recuperation to include mental well-being. Furthermore, the campaign actively encouraged other brands within the industry to adopt similar protective clauses in their athlete agreements, aiming for systemic change. The campaign was brought to life through a compelling film directed by Babak Khoshnoud, which featured prominent athletes such as Alex Morgan, Tatjana Smith, Linda Motlhalo, and Douglas Matera. These athletes shared their personal experiences and stories related to mental health challenges in their careers, adding authenticity and emotional depth to Powerade's commitment. This narrative was amplified strategically across various digital platforms, social media channels, and notably, during the broadcast of the 2024 Summer Olympics. This multi-platform amplification fostered a global conversation about the critical importance of mental health within the demanding world of professional sports. (At BE Extraordinary, a series about the winners at Cannes Lions in collaboration with Harsh Kapadia, CCO, Grey India, we peer outside the Grand Prix, and look at clutter breaking work that picked the silvers and the bronzes, but don't often get discussed.)

Amazon slashes 19% off cooling blanket for night sweats dubbed 'best thing ever'
Amazon slashes 19% off cooling blanket for night sweats dubbed 'best thing ever'

Daily Record

time18-06-2025

  • Lifestyle
  • Daily Record

Amazon slashes 19% off cooling blanket for night sweats dubbed 'best thing ever'

Hot summer nights are upon us - this could be a great solution Warm summer days might be lovely, but the hot and sticky nights aren't. There's nothing worse than tossing and turning in the sheets, too hot to sleep - and those who already suffer from night sweats feel the burn even more. Plus, for those who like having a blanket over them at night, regular duvets just don't cut the mustard in the summer. That's why a cooling blanket could be a great solution, giving the comfort needed at night while keeping users nice and cool. Now, Amazon has a deal on the Ailemei Direct Cooling Blanket for Night Sweats, now nearly 20% off at £21.94. The specialist blanket is made from mica nylon and Japanese cold fibre to help keep its users feeling fresh on hot nights, and is nice and lightweight too. Breathable and comfortable, the blanket wicks away heat and claims to lower internal temperature by about 2C. Plus, it's machine and hand washable, making it easy to care for. If this cooling blanket isn't calling out to shoppers, they could try Dunelm's Fogarty Cooling Cotton Duvet Cover with their existing summer duvet. Ranging between £9.20 and £32 depending on bedding size, the simple plain duvet cover comes in colours including sage green, white and blush pink. Alternatively, Debenhams has the Slumberdown Cool Sleep Ultra Cool Nylon Summer Duvet / Blanket for between £46.50 and £78, depending on the size needed. The duvet is designed to draw heat away and is said to be twice as cool to the touch as standard polyester blankets. However, the Ailemei Direct Cooling Blanket is highly regarded by shoppers, who have given it a 4.4 star average rating. One buyer said: "Absolutely brilliant! You literally put it on and can feel the cooling straight away! It's very light and has two layers, it's a slippery type of fabric. I like having a blanket and get too hot under them, this is great to combat that!" Another said it's the "the best thing ever", adding: "I wish I'd bought it earlier, perfect for hot summer nights, lightweight, comfortable." A third added: "Absolutely blooming marvellous. Cooled me down on many a hot flush! Recommended." Some weren't as impressed, with one shopper saying: "I didn't find this cooling, however it definitely stopped me sweating and therefore definitely had a more comfortable sleep. I like the way it is very thin but has a nice weight to it so it's easy to sleep under! Would recommend but not if your expecting it to actually be cool to the touch."

Kendrick Lamar takes 'Not Like Us' victory lap in Drake's native Toronto
Kendrick Lamar takes 'Not Like Us' victory lap in Drake's native Toronto

USA Today

time13-06-2025

  • Entertainment
  • USA Today

Kendrick Lamar takes 'Not Like Us' victory lap in Drake's native Toronto

Kendrick Lamar takes 'Not Like Us' victory lap in Drake's native Toronto Show Caption Hide Caption SZA, Kendrick Lamar win big at 2025 BET Awards Kendrick Lamar won Album of the Year for his critically acclaimed GNX LP and Mariah Carey performed her hit song 'It's Like That' at the BET Awards. Cover Media Toronto may be Drake's home turf, but even crowds in the 6 can't resist that catchy Kendrick verse. During a concert in the Canadian province Thursday, June 12, fans chanted along as Kendrick Lamar performed his viral Drake diss track "Not Like Us." Part of what feels like a never ending victory lap, Lamar's performance punctuated just how universal the song has become. In Toronto, where maple syrup is a more common export than rap, Drake is an artistic icon. But, as concertgoers parroted back Lamar's cruelest verses, calling Drake a "colonizer" and "pedophile," even his home court advantage seemed to fade. The episode is another nail in the coffin of a slow-motion rap battle, the likes of which the hip-hop world has not seen in decades. The roots of Lamar and Drake's feud go back more than a decade to 2013, though things quickly intensified in spring 2024 as the two traded bars and barbs with shocking allegations. Over the course of nine songs, both rappers hurled insults at one another in rapid succession, with nothing off limits – looping in city pride, claims of physical and sexual abuse, and parental absenteeism. Then, "Not Like Us" blew the beef wide open, bringing it into the mainstream as Lamar's lyrically rich takedown became a streaming hit. Kendrick Lamar, Drake beef explained after the Super Bowl halftime show A sold out Los Angeles Juneteenth concert and much-discussed Super Bowl performance later, "Not Like Us" has become not just a Drake diss track but a symbol for peak hater status, us vs. them fervor and racial reckoning.

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