Three Years on, Justice for Ukraine Is the Bedrock of Any Durable Peace

On Easter Sunday in 2022, a missile strike shattered a quiet town in Ukraine, Donetsk region. In the aftermath, Oksana, 40, was left clinging to life, her husband and young son killed in an instant. The following January, in Dnipro, a 23-year-old named Anastasia lost her parents in a missile attack on their apartment building. She had already lost her fiancé to the war. By September 2024, another family was obliterated, this time in Lviv: Yaroslav’s wife and three daughters were killed in their home by yet another Russian missile.

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These tragedies are not aberrations. They are the brutal, everyday reality of a nation under siege. Behind the names and dates lie lives undone, futures erased.

Three years after Russia launched its full-scale invasion, justice is now the rallying cry of millions of Ukrainians. It is about accountability, ensuring that those who orchestrated this invasion are held responsible, and deterring others who might dare to follow Vladimir Putin’s example. It is also urgent as President Donald Trump vows to end the war and begins negotiations with Russia.

But justice is far from straightforward. The war in Ukraine has exposed profound fault lines in the international legal order, challenging its capacity to deliver on its most basic goal.

As world leaders and legal scholars debate how to respond, two primary paths have emerged. The first envisions a tribunal focused specifically on the crime of aggression—the deliberate decision to launch an unjust war. The second proposes a hybrid mechanism, one that would address the full spectrum of international crimes stemming from the Russian invasion, from war crimes to crimes against humanity.

The foundations have been laid to establish a special tribunal to try Russia for the crime of aggression against Ukraine, the E.U. said earlier this month. But this approach contains a significant gap. While well-intentioned, this approach risks framing justice as a European issue rather than a universal imperative.

Read More: Inside Ukraine’s Push to Try Putin for War Crimes

Russia has already seized on this detail. At the BRICS summit in October, Moscow portrayed global justice efforts as a Western plot, pitting the so-called Global South against the West. A regional tribunal might inadvertently play into this narrative, further polarizing the world.

For justice to carry the weight it must, it cannot be regional. It must be global. That means forging a coalition broad enough to lend legitimacy to the endeavor—one that includes nations from every corner of the world.

Modern international law emerged from the wreckage of world wars. After World War I, early attempts at accountability—like the Leipzig Trials—offered valuable lessons, albeit limited by weak legal frameworks. World War II brought the Nuremberg and Tokyo Tribunals, which were groundbreaking in their scope and symbolic power. Nevertheless, these efforts were fundamentally tied to the dynamics of victory: the Allies judged the Axis.

Ukraine’s situation is different. If the war ends in agreements or a frozen conflict, neither side will feel like a true winner or loser. Instead, it may culminate in an uneasy settlement, leaving justice adrift in uncharted waters. Compounding the challenge is Russia’s nuclear brinkmanship, which casts a long shadow over international decision-making.

Ukraine’s allies face a critical question: Will they prioritize justice, even if it complicates peace? Or will they ask Ukraine to set aside its quest for accountability in exchange for a fragile ceasefire? These concerns are especially pressing in the context of Ukraine’s exclusion from what is increasingly being framed as the negotiating process.

Read More: Ukraine Needs a Ceasefire Now

The U.S. has an ambivalent relationship with international criminal justice. At times, it has actively opposed the International Criminal Court, even resorting to sanctions—a move that directly undermines the fundamental principle of justice: holding perpetrators of international crimes accountable. Such actions create opportunities for Russia and other states to further discredit international law and weaken the global security system.

Now, the U.S. must decide whether it will lead or lag. A global tribunal for Ukraine offers America an opportunity to reaffirm its commitment to the rule of law and to counter Russia’s narrative of Western hypocrisy. However, doing so requires clarity of purpose and a willingness to embrace the messy, often frustrating, process of building international consensus.

This is not just Ukraine’s fight. It’s a litmus test for the entire international system. Can it adapt to address the realities of a multipolar world where aggressors are not easily subdued? Can it balance the demands of peace with the imperative of accountability?

Justice, in this context, is not merely an abstract ideal. It’s the bedrock of any durable peace. Without it, the scars of this war—on Ukraine, on Europe, on the international order—will fester.

For justice to succeed, it must transcend borders. It must reflect a shared commitment to a world where sovereignty is sacrosanct, where power is constrained by law, and where no nation is too mighty to be held accountable. And it must acknowledge that justice is not something that can be bargained with.

The stakes couldn’t be higher. Ukraine’s call for justice is also a call to the world: to choose the rule of law over the rule of force, to build systems that protect the weak against the strong, and to ensure that, even in the darkest times, accountability prevails.

This is a moment of reckoning—not just for Ukraine but for all of us.

source https://time.com/7261004/ukraine-justice-war-anniversary/

How to Watch and Stream the 2025 SAG Awards Ceremony

The 31st Screen Actors Guild Awards on Sunday night should offer the final clue in an unusually unpredictable Oscar race.

The other major awards — including the BAFTAs, the Producers Guild Awards, the Directors Guild Awards and the Golden Globes — have all had their say. But actors make up the largest piece of the film academy pie, so their picks often correspond strongly with Academy Award winners.

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After wins from the PGA and the DGA — and last night, the Independent Spirit Awards — Sean Baker’s “Anora” is seen as the favorite to win best picture in a week’s time at the Oscars. But Edward Berger’s “Conclave” won last weekend at the BAFTAs, the latest wrench in an award season full of them. That’s included the unlikely rise and precipitous fall of another top contender, “Emilia Pérez.”

So there are plenty of questions heading into the SAG Awards, hosted by Kristen Bell from the Shrine Auditorium in Los Angeles. Can “Wicked” make a late push and win the guild’s top award, best ensemble? Can Adrien Brody hold off Timothée Chalamet for best actor? Can Mikey Madison keep the momentum and win best actress over Demi Moore?

How to watch the SAG Awards

The 31st SAG Awards will be streamed live by Netflix beginning at 8 p.m. Eastern. An official pre-show will start an hour earlier, also on Netflix. Last year’s show, the first to air on the streaming platform, drew an audience of 1.8 million, roughly on par with earlier SAG ceremonies broadcast by TNT and TBS.

Who’s nominated by SAG?

“Wicked” comes in the leading film nominee, with five nods, while “Shōgun” heads the TV categories.

Jon M. Chu’s hit musical hasn’t yet had a major awards win, but the Screen Actors Guild has often favored populist contenders. Also up for best ensemble are “Anora,” “The Brutalist,” “Conclave” and “A Complete Unknown.”

The best actor and best actress categories should be nail biters. While Brody (“The Brutalist”) has won a string of awards, Chalamet (“A Complete Unknown”) and Ralph Fiennes (“Conclave”) could easily pull off the upset. Best actress could go to either Moore (“The Substance”) or Madison (“Anora”).

In the supporting categories, Kieran Culkin (“A Real Pain”) and Zoe Saldana (“Emilia Pérez”) are the favorites.

In addition to the competitive categories, Jane Fonda will be given the SAG Life Achievement Award.

How the ceremony plans to address the Los Angeles wildfires

The devastating wildfires that began in early January forced the guild to cancel its in-person nominations announcement and instead issue a press release. The guild has launched a disaster relief fund for SAG-AFTRA members affected by the fires. Producers have said the show will honor those affected.

source https://time.com/7260800/2025-sag-awards-how-to-watch-ceremony-red-carpet-nominees-winners/

What Happens to the Leadership of the Catholic Church When a Pope Is Sick or Incapacitated?

VATICAN CITY — While the Vatican has detailed laws and rituals to ensure the transfer of power when a pope dies or resigns, they do not apply if he is sick or even unconscious. And there are no specific norms outlining what happens to the leadership of the Catholic Church if a pope becomes totally incapacitated.

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As a result, even though Pope Francis remains hospitalized in critical condition with a complex lung infection, he is still pope and very much in charge. The Vatican said Sunday that Francis was conscious and still receiving supplemental oxygen. He rested during a peaceful night after he had a prolonged respiratory crisis a day earlier that required high flows of oxygen to help him breathe.

Still, Francis’ hospital stay is raising obvious questions about what happens if he loses consciousness for a prolonged period, or whether he might follow in Pope Benedict XVI’s footsteps and resign if he becomes unable to lead. On Monday, Francis’ hospital stay will hit the 10-day mark, equaling the length of his 2021 hospital stay for surgery to remove 33 centimeters (13 inches) of his colon.

His age and prolonged illness has revived interest about how papal power is exercised in the Holy See, how it is transferred and under what circumstances. Here’s how it works:

The role of the pope

The pope is the successor of the Apostle Peter, the head of the college of bishops, the Vicar of Christ and the pastor of the universal Catholic Church on Earth, according to the church’s in-house canon law.

Nothing has changed in his status, role or power since Francis was elected the 266th pope on March 13, 2013. That status is by theological design.

The Vatican Curia

Francis may be in charge, but he already delegates the day-to-day running of the Vatican and church to a team of officials who operate whether he is in the Apostolic Palace or not, and whether he is conscious or not.

Chief among them is the secretary of state, Cardinal Pietro Parolin. In a sign that Francis’ hospitalization foresaw no change to the governance of the church, Parolin was in Burkina Faso when Francis entered the hospital on Feb. 14. Parolin is now back at the Vatican.

Other Vatican functions are proceeding normally, including the Vatican’s 2025 Holy Year celebrations.

On Sunday, for example, Archbishop Rino Fisichella celebrated a Jubilee Mass in St. Peter’s Basilica that Francis was supposed to have celebrated. Fisichella offered a special prayer for Francis from the altar before delivering the homily the pope had prepared.

What happens when a pope gets sick?

Canon law does have provisions for when a bishop gets sick and can’t run his diocese, but none for a pope. Canon 412 says a diocese can be declared “impeded” if its bishop — due to “captivity, banishment, exile, or incapacity” — cannot fulfil his pastoral functions. In such cases, the day-to-day running of the diocese shifts to an auxiliary bishop, a vicar general or someone else.

Even though Francis is the bishop of Rome, no explicit provision exists for the pope if he similarly becomes “impeded.” Canon 335 declares simply that when the Holy See is “vacant or entirely impeded,” nothing can be altered in the governance of the church. But it doesn’t say what it means for the Holy See to be “entirely impeded” or what provisions might come into play if it ever were.

In 2021, a team of canon lawyers set out to propose norms to fill that legislative gap. They created a canonical crowd-sourcing initiative to craft a new church law regulating the office of a retired pope as well as norms to apply when a pope is unable to govern, either temporarily or permanently.

The proposed norms explain that, with medical advancements, it’s entirely likely that at some point a pope will be alive but unable to govern. It argues that the church must provide for the declaration of a “totally impeded see” and the transfer of power for the sake of its own unity.

Under the proposed norms, the governance of the universal church would pass to the College of Cardinals. In the case of a temporary impediment, they would name a commission to govern, with periodical medical checks every six months to determine the status of the pope.

What about the letters?

Francis confirmed in 2022 that shortly after he was elected pope he wrote a letter of resignation, to be invoked if he became medically incapacitated. He said he gave it to the then-secretary of state, Cardinal Tarcisio Bertone, and said he assumed Bertone had delivered it to Parolin’s office when he retired.

The text is not public, and the conditions Francis contemplated for a resignation are unknown. It is also not known if such a letter would be canonically valid. Canon law requires a papal resignation to be “freely and properly manifested” — as was the case when Benedict announced his resignation in 2013.

In 1965, Pope Paul VI wrote letters to the dean of the College of Cardinals hypothesizing that if he were to become seriously ill, the dean and other cardinals should accept his resignation. The letter was never invoked, since Paul lived another 13 years and died on the job.

What happens when a pope dies or resigns?

The only time papal power changes hands is when a pope dies or resigns. At that time, a whole series of rites and rituals comes into play governing the “interregnum” — the period between the end of one pontificate and the election of a new pope.

During that period, known as the “sede vacante,” or “empty See,” the camerlengo, or chamberlain, runs the administration and finances of the Holy See. He certifies the pope’s death, seals the papal apartments and prepares for the pope’s burial before a conclave to elect a new pope. The position is currently held by Cardinal Kevin Farrell, the head of the Vatican’s laity office.

The camerlengo has no role or duties if the pope is merely sick or otherwise incapacitated.

Likewise, the dean of the College of Cardinals, who would preside at a papal funeral and organize the conclave, has no additional role if the pope is merely sick. That position is currently held by Italian Cardinal Giovanni Battista Re, 91.

Earlier this month, Francis decided to keep Re on the job even after his five-year term expired, rather than make way for someone new. He also extended the term of the vice-dean, Argentine Cardinal Leonardo Sandri, 81.

source https://time.com/7260755/what-happens-leadership-catholic-church-pope-is-sick-or-dies/

Mark Cuban: Democrats Are Too Inept to Exploit Trump’s Chaos

This article is part of The D.C. Brief, TIME’s politics newsletter. Sign up here to get stories like this sent to your inbox.

Mark Cuban is no fan of Donald Trump. The business moguls have a long, complicated relationship that colored plenty of the 2024 presidential campaign as the reality stars sparred from afar. The frenemy-ship was one of the best subplots of last year’s hard-fought campaign, and one that is showing no sign of abating.

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Speaking Saturday to a conference of traditionalist Republicans, the Dallas Mavericks owner and serial entrepreneur suggested Trump merits slim admiration as he continues to hock anything that will slap his name on it, from cryptocurrency to clothing to the U.S. government itself.

“The only reason someone sells all that shit is because they have to,” Cuban trolled.

Cuban by contrast said he doesn’t need to slum it with such petty endeavors. “I don’t need to sell gold tennis shoes that may not ship,” he said, noting Trump’s effort in footwear that warned might never materialize. “He doesn’t want to govern. He wants to sell.”

Bravado of that order is easy when you’re a billionaire. It’s just not clear that it translates to a viable governance strategy, especially with a rival billionaire holding the most consequential job on the planet. 

Cuban, a swaggering independent, was regrouping in Washington with anti-Trump Republicans at the Principles First summit, as the Trumpist wing of the party huddled across the river at this year’s CPAC, where Trump was set to speak this afternoon, and Elon Musk brandishing a chainsaw stole the show earlier this week.

The striking split-screen Saturday hinted at the deeply unsettled moment in politics, as our most famous billionaires offer competing views of how to fix Washington. And for Cuban, that prescription was wrapped up in his withering assessment of the Democratic Party, and Vice President Kamala Harris, who he believes failed to reach voters last year.

“If you gave the Democrats a dollar bill and said, ‘You can sell these for 50 cents,’ they would hire 50 people … and then would not know how to sell the dollar bill for 50 cents,” said Cuban, who hit the trail last year for Harris. “If you gave it to Donald Trump and said, ‘Sell this dollar bill for $2,’ he’d figure out a way, right? He’d tell you that $2 bill is, you know, huge.”

All of which leads Cuban to having little optimism that Democrats can steer the country away from the Trumpian skid the nation finds itself enduring.

“I learned the Democrats can’t sell worth shit,” Cuban said.

In Cuban’s estimation, Democratic candidates did not demonstrate having any understanding of small businesses, the impact of inflation, the anxiety about immigration, or even the basics of the tax code. All of that conspired, thanks to bloated consultants looking over their shoulders, to their losses when a win was achievable. It’s also why, after his first event for Harris, he banned her consultants from chirping in his ear, he said, and why he’s watching with frustration and shock that they haven’t learned any lessons from last year’s loss.

Cuban heaped scorn on those Democrats who keep repeating the arguments from the unsuccessful 2024 bid about Trump being a threat to democracy and a challenge to everything that Americans hold dear.

“How’d that work in the campaign?” Cuban said.

As Trump and Musk set about to scrap whole pillars of the federal bureaucracy, Cuban argued that the fascination on the wrecking ball is not a winning tactic because neither he nor Musk need to get it all right to change government in ways that will be difficult to unwind. 

“Elon doesn’t give a shit,” Cuban said. “He’s, like, ‘F— it, I’ll be rich no matter what.’”

That said, Cuban was clear he has zero interest in being an elected player in a system he carries avowed contempt toward. “I don’t want to be President,” he said. “I’d rather f— up health care.”

As both parties fret over the outsized influence of the super-rich, it is telling how much the prescriptions of celebrities with deep pockets continue to draw so much interest. Cuban’s needling of Democrats was rooted in how much he blames them for everything unfolding now.

“Chaos is not good for this country,” Cuban warned. “There’s no amount of money that overcomes that.”

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source https://time.com/7260685/mark-cuban-democrats-trump/

Vatican Says Pope Francis Is in Critical Condition

ROME — Pope Francis was in critical condition Saturday after he suffered a long asthmatic respiratory crisis that required high flows of oxygen, the Vatican said.

The 88-year-old Francis, who has been hospitalized for a week with a complex lung infection, also received blood transfusions after tests showed a condition associated with anemia, the Vatican said in a late update.

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“The Holy Father continues to be alert and spent the day in an armchair although in more pain than yesterday. At the moment the prognosis is reserved,” the statement said.

Earlier, doctors said that Francis was battling a pneumonia and a complex respiratory infection that doctors say remains touch-and-go and will keep him hospitalized for at least another week.

The Vatican carried on with its Holy Year celebrations without the pope on Saturday.

In a brief earlier update on Saturday, Francis slept well overnight.

But doctors have warned that the main threat facing Francis would be the onset of sepsis, a serious infection of the blood that can occur as a complication of pneumonia. As of Friday, there was no evidence of any sepsis, and Francis was responding to the various drugs he is taking, the pope’s medical team said in their first in-depth update on the pope’s condition.

“He is not out of danger,” said his personal physician, Dr. Luigi Carbone. “So like all fragile patients I say they are always on the golden scale: In other words, it takes very little to become unbalanced.”

Francis, who has chronic lung disease, was admitted to Gemelli hospital on Feb. 14 after a weeklong bout of bronchitis worsened.

Doctors first diagnosed the complex viral, bacterial and fungal respiratory tract infection and then the onset of pneumonia in both lungs. They prescribed “absolute rest” and a combination of cortisone and antibiotics, along with supplemental oxygen when he needs it.

Carbone, who along with Francis’ personal nurse Massimiliano Strappetti organized care for him at the Vatican, acknowledged he had insisted on staying at the Vatican to work, even after he was sick, “because of institutional and private commitments.” He was cared for by a cardiologist and infectious specialist in addition to his personal medical team before being hospitalized.

Dr. Sergio Alfieri, the head of medicine and surgery at Rome’s Gemelli hospital, said the biggest threat facing Francis was that some of the germs that are currently located in his respiratory system pass into the bloodstream, causing sepsis. Sepsis can lead to organ failure and death.

“Sepsis, with his respiratory problems and his age, would be really difficult to get out of,” Alfieri told a news conference Friday at Gemelli. “The English say ‘knock on wood,’ we say ‘touch iron.’ Everyone touch what they want,” he said as he tapped the microphone. “But this is the real risk in these cases: that these germs pass to the bloodstream.”

“He knows he’s in danger,” Alfieri added. “And he told us to relay that.”

Deacons, meanwhile, were gathering at the Vatican for their special Jubilee weekend. Francis got sick at the start of the Vatican’s Holy Year, the once-every-quarter-century celebration of Catholicism. This weekend, Francis was supposed to have celebrated deacons, a ministry in the church that precedes ordination to the priesthood.

In his place, the Holy Year organizer will celebrate Sunday’s Mass, the Vatican said. And for the second weekend in a row, Francis was expected to skip his traditional Sunday noon blessing, which he could have delivered from Gemelli if he were up to it.

“Look, even though he’s not (physically) here, we know he’s here,” said Luis Arnaldo Lopez Quirindongo, a deacon from Ponce, Puerto Rico who was at the Vatican on Saturday for the Jubilee celebration. “He’s recovering, but he’s in our hearts and is accompanying us because our prayers and his go together.”

Beyond that, doctors have said Francis’ recovery will take time and that regardless he will still have to live with his chronic respiratory problems back at the Vatican.

“He has to get over this infection and we all hope he gets over it,” said Alfieri. “But the fact is, all doors are open.”

source https://time.com/7260677/pope-francis-health-critical-condition-vatican-updates/

Judge Cancels NYC Mayor Eric Adams’ Trial, Leaves Corruption Charges Intact Until March

NEW YORK — A federal judge on Friday canceled the corruption trial for New York City Mayor Eric Adams and appointed counsel to advise the court about the Justice Department’s controversial request to drop charges against the Democrat.

Judge Dale E. Ho’s written order means he won’t decide before mid-March whether to grant the dismissal of the case against the embattled mayor of the nation’s largest city.

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On Friday, Ho said he appointed Paul Clement, a former U.S. solicitor general under President George W. Bush, to present arguments on the government’s case-drop request.

The judge noted that courts are normally “aided in their decision-making through our system of adversarial testing, which can be particularly helpful in cases presenting unusual fact patterns or in cases of great public importance.”

He said a Wednesday hearing had “no adversarial testing of the Government’s position,” and the absence made it important to appoint Clement to assist the judge in reaching a conclusion.

At the hearing, Acting Deputy U.S. Attorney General Emil Bove defended his request to drop charges, saying they came too close to Adams’ reelection campaign and would distract from the mayor’s assistance to the Trump administration’s law-and-order priorities.

Adams confirmed at the hearing that he knew charges could later be reinstated — a feature of the request that has led some legal experts to speculate that the mayor can only escape trial if he helps Trump’s plans to round up New Yorkers who are in the country illegally.

Adams was indicted in September on charges alleging he accepted over $100,000 in illegal campaign contributions and travel perks from a Turkish official and others seeking to buy influence while he was Brooklyn borough president. He faces multiple challengers in June’s Democratic primary. He has pleaded not guilty and insisted he is innocent.

Ho said he wanted all parties and Clement to address the legal standard for dismissing charges, whether a court may consider materials beyond the motion itself and under what circumstances additional procedural steps and further inquiry was necessary.

He also said he wants to know when dismissal without the ability to reinstate charges is appropriate. He set a briefs deadline for March 7. Oral arguments, if necessary, would be March 14.

In his order Friday, Ho said Clement could review a 1977 case in which a judge rejected the government’s demand to dismiss a case.

University of Richmond law professor Carl Tobias said Clement was a conservative lawyer, a sensible choice to be a neutral adviser for a recently appointed judge whose previous experience was primarily civil matters.

Late Thursday, three former U.S. attorneys — from New York, Connecticut and New Jersey — submitted a letter urging Ho to “hear from parties other than the government and the defendant in deciding about the appropriate next steps.”

In a letter to Ho Friday, Adams’ lawyer Alex Spiro cited Attorney General Pam Bondi’s Thursday remarks at the Conservative Political Action Conference that the indictment against Adams was “incredibly weak” and needed to be dismissed to end the “weaponization of the government.” He urged Ho to dismiss the charges based on “the evidence and on the law.”

The Justice Department did not respond to a comment request.

Adams will not be required to attend future hearings, the judge said.

That could help mitigate some political damage for Adams without the spectacle of court appearances while he is trying to convince the public that the case isn’t distracting him from running the city.

Adams has sought to project calm as questions over his independence have sparked a political crisis for him.

This week, four of his top deputies resigned. Gov. Kathy Hochul announced that she had for now decided against removing Adams from office but would propose legislation to enhance state oversight of City Hall as a way to reestablish trust with New Yorkers.

Bove’s initial request last week to then-interim U.S. Attorney Danielle Sassoon to drop charges against Adams was rejected, and she resigned, accusing Bove of dangling a quid pro quo that would ensure help from Adams in the immigration fight in return for dismissal of his criminal case.

Another prosecutor, Hagan Scotten, told Bove in a resignation letter that it would take a “fool” or a “coward” to meet Bove’s demand, “but it was never going to be me.”

In all, seven prosecutors, including five high-ranking prosecutors at the Justice Department in Washington, had resigned before Bove made the dismissal request himself, along with two other Washington prosecutors.

—Associated Press writers Jennifer Peltz, Alanna Durkin Richer in Washington and Anthony Izaguirre in Albany, New York, contributed to this story.

source https://time.com/7260662/judge-cancels-nyc-mayor-eric-adams-trial-corruption-charges-intact/

Judge Largely Blocks Trump’s Executive Orders Ending Federal Support for DEI Programs

WASHINGTON — A federal judge on Friday largely blocked sweeping executive orders from President Donald Trump that seek to end government support for programs promoting diversity, equity and inclusion.

U.S. District Judge Adam Abelson in Baltimore granted a preliminary injunction blocking the administration from terminating or changing federal contracts they consider equity-related.

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Abelson found that the orders likely carry constitutional violations, including against free-speech rights.

Trump signed an order his first day in office directing federal agencies to terminate all “equity-related” grants or contracts. He signed a follow-up order requiring federal contractors to certify that they don’t promote DEI.

The White House didn’t immediately return a message seeking comment Friday evening.

The plaintiffs — including the city of Baltimore and higher education groups — sued the Trump administration earlier this month, arguing the executive orders are unconstitutional and a blatant overreach of presidential authority. They also allege the directives have a chilling effect on free speech.

“What’s happening is an overcorrection and pulling back on DEI statements,” attorney Aleshadye Getachew said during a nearly three-hour hearing Wednesday.

The Trump administration has argued that the president was targeting only DEI programs that violate federal civil rights laws. Attorneys for the government said the administration should be able to align federal spending with the president’s priorities.

“The government doesn’t have the obligation to subsidize plaintiffs’ exercise of speech,” said Justice Department attorney Pardis Gheibi.

Abelson, who was nominated by Democratic President Joe Biden, agreed with the plaintiffs that the executive orders discourage businesses, organizations and public entities from openly supporting diversity, equity and inclusion.

“The harm arises from the issuance of it as a public, vague, threatening executive order,” he said during the hearing.

Abelson’s ruling does allow for the attorney general to investigate and prepare a report on DEI practices in accordance with one of the orders, but it blocks enforcement.

In his written opinion, Abelson found reason to believe the orders are unconstitutionally vague, leaving federal contractors and grant recipients with “no reasonable way to know what, if anything, they can do to bring their grants into compliance.”

He described a hypothetical scenario where an elementary school received Department of Education funding for technology access and a teacher used a computer to teach about Jim Crow laws. Or if a road construction grant covered the cost of filling potholes in a low-income neighborhood instead of a wealthy neighborhood, “does that render it ‘equity-related’?” the judge asked.

Efforts to increase diversity have been under attack for years by Republicans who contend the measures threaten merit-based hiring, promotion and educational opportunities for white people. However, supporters say the programs help institutions meet the needs of increasingly diverse populations while addressing the lasting impacts of systemic racism.

Their purpose was to foster equitable environments in businesses and schools, especially for historically marginalized communities. Although researchers say DEI initiatives date back to the 1960s, more were launched and expanded in 2020 during increased calls for racial justice.

Attorneys for the plaintiffs argued in their complaint that Trump’s efforts to abruptly end such programs will cause widespread harm, not least because of the vague language in his executive orders.

“Ordinary citizens bear the brunt,” they wrote. “Plaintiffs and their members receive federal funds to support educators, academics, students, workers, and communities across the country. As federal agencies make arbitrary decisions about whether grants are ‘equity-related,’ Plaintiffs are left in limbo.”

The plaintiffs include the city of Baltimore, which receives federal funds for public safety, housing, the environment, infrastructure and more, according to the complaint.

Baltimore Mayor Brandon Scott, who won reelection last year, has championed efforts to increase opportunities for the city’s most vulnerable residents, including people of color. Scott became the subject of racist attacks online last year as some commenters labeled him a “DEI mayor,” and he recently coined the phrase “Definitely Earned It” to highlight the accomplishments of Black figures throughout history.

In addition to the mayor and the Baltimore City Council, the plaintiffs include the National Association of Diversity Officers in Higher Education, the American Association of University Professors and the Restaurant Opportunities Centers United, which represents restaurant workers across the country.

Their attorneys claim the groups are already suffering the effects of the executive orders as Trump encroaches on the powers of Congress and seeks to suppress views he doesn’t agree with.

“But the President simply does not wield that power,” they wrote in the complaint. “And contrary to his suggestions otherwise, his power is not limitless.”

source https://time.com/7260655/judge-largely-blocks-trump-executive-orders-ending-federal-support-dei/