TIME justice

Ruth Bader Ginsburg Released From Hospital

Supreme Court Justice Ruth Bader Ginsburg
Supreme Court Justice Ruth Bader Ginsburg is photographed in the West conference room at the U.S. Supreme Court in Washington, D.C., on Friday, August 30, 2013. Nikki Kahn—The Washington Post/Getty Images

After undergoing a procedure to clear a blocked artery

Supreme Court Justice Ruth Bader Ginsburg was discharged and sent home from a hospital on Thanksgiving Day after undergoing a procedure to clear a blocked artery, a spokeswoman said.

The feisty 81-year-old was admitted to MedStar Washington Hospital Center on Tuesday night following discomfort while exercising, the Associated Press reports. A heart stent was inserted to clear the blockage in her right coronary artery.

She was released before noon Thursday and expected to return to work on Monday.

Ginsburg, the oldest member of the nine-justice court, has repeatedly said she has no plans to retire until she can no longer do her job. “I think I’ll recognize when the time comes that I can’t any longer,” she told Elle in an interview in October. “But now I can.”

[AP]

TIME justice

Federal Judge Overturns Arkansas’ Marriage Ban

Could pave the way for county clerks to resume issuing licenses

(LITTLE ROCK, Ark.) — A federal judge struck down Arkansas’ gay marriage ban on Tuesday, which could pave the way for county clerks to resume issuing licenses.

U.S. District Judge Kristine Baker ruled in favor of two same-sex couples who had challenged a 2004 constitutional amendment and earlier state law defining marriage as between a man and a woman, arguing that the ban violated the U.S. Constitution and discriminated based on sexual orientation.

But Baker put her ruling on hold, and the state is expected to appeal it to the 8th U.S. Circuit Court of Appeals, based in St. Louis.

Baker wrote in her ruling that the state’s marriage laws violate the U.S. Constitution by “precluding same-sex couples from exercising their fundamental right to marry in Arkansas, by not recognizing valid same-sex marriages from other states, and by discriminating on the basis of gender.”

Arkansas Attorney General Dustin McDaniel could not immediately be reached.

The ruling comes as the state Supreme Court weighs a separate case challenging the ban. Justices are weighing whether to uphold Pulaski County Circuit Judge Chris Piazza’s decision in May striking down the 2004 amendment and earlier state law as unconstitutional. Piazza’s decision led to 541 same sex couples getting married in the week before the state Supreme Court suspended his ruling.

Justices have not indicated when they will rule in that case. The lawsuit before the state Supreme Court also argues the ban violates Arkansas’ constitution.

Attorney General Dustin McDaniel’s office had argued in federal court that same-sex marriage was not a fundamental right guaranteed by the constitution. McDaniel, a Democrat who is leaving office in January due to term limits, has said he personally supports allowing gay couples to marry but will continue defending the ban — approved by voters by a 3-1 margin — in court.

Judges across the country have ruled against bans similar to Arkansas’ since the U.S. Supreme Court struck part of a federal anti-gay marriage law in June 2013, and gay marriage is legal in more than half of the U.S.

TIME Opinion

What History Books Should Say About Ferguson

Michael Brown's mother Lesley McSpadden cries outside the police station in Ferguson, Mo. on Nov. 24, 2014 after hearing the grand jury decision on her son's fatal shooting.
Michael Brown's mother Lesley McSpadden cries outside the police station in Ferguson, Mo. on Nov. 24, 2014 after hearing the grand jury decision on her son's fatal shooting. Jewel Samad—AFP/Getty Images

How we tell the story of what happened in Missouri matters

When the grand jury decision not to indict officer Darren Wilson in the shooting of Mike Brown was announced late Monday evening in Ferguson, Mo., the world was watching. After hours of delay, misleading “Breaking News” banners, and a preemptive build-up of riot management forces on Ferguson streets, we were more than ready to hear the verdict. But the lengthy remarks delivered by St. Louis County prosecuting attorney Robert McCulloch were far less welcome.

McCulloch padded his announcement with nearly 30 minutes of narrative, detailing his own particular version of events in Ferguson since August 9, 2014, when Brown, an unarmed black teenager was fatally shot in the street. He complimented local authorities, conveniently choosing not to mention their internationally panned militarized assault on citizens in the days following Brown’s death. He praised his own management of the process, conveniently ignoring the fact that Attorney General Eric Holder had to step in for oversight and ultimately, to launch a federal investigation because of a lack of trust in the local “process”. And while no indictment came for Darren Wilson, in McCulloch’s tale, the media, twitter, eyewitnesses and even Mike Brown himself were tried and found guilty.

Why would McCulloch feel compelled to use his time on the national stage to recount the previous three months and tell his story? Because as a public official and an attorney, he understands the importance of the record: what account is written, what story is told, and, most of all what remains in our collective memory. What matters most as the chaos of cultural moments and social movements unfold is the history – or, more accurately, the telling of the history for generations to come.

As the late Nigerian writer Chinua Achebe tells us: Until lions have their own historians, the history of the hunt will always glorify the hunter. This history, an account of these past months, matters because as much as we want to believe that the problem upon which these events were built – violent, systemic racism – will be a distant memory by the time our children are themselves adults, the arc of the moral universe is long…very long. It is quite possible (read: highly likely) that the struggle to make a more perfect union will continue and that our grandchildren will turn to the history books for context for their own fight. There they will read about our turning point moments – and about us: the activists, the officials, the media, the mothers and fathers, the sons and daughters, the heroes and villains of these perilous times.

VOTE: Should the Ferguson protestors be TIME’s Person of the Year?

So, for future generations, let us write some history:

Let the record show that after Mike Brown’s death, Ferguson became ground zero for a movement that had been building in cities all across America. It was not the isolated reaction of a group of disgruntled residents. Thanks to the fearlessness and raw emotion of the Ferguson community, it was the strike of the match that finally lit the flame for people nationwide who felt as if those sworn to protect them, were hunting them instead.

Let the record show that a generation of young people rose up in this moment to lead. Tell the story of Ashley Yates, Tef Poe, and Tory Russell, brilliant young people ushering in a new era of activism, media, politics and community engagement. Tell the story of the organizations and networks that they are building in the face of a narrative that claims that young black people will loot and tweet but not strategize and work.

Let the record show that despite widespread celebrity disengagement from issues of racism, Grey’s Anatomy actor Jesse Williams has tirelessly forgone the glamour of his Hollywood career to be a bold, unapologetic presence in Ferguson and beyond, making him poised to be this generation’s Harry Belafonte.

Let the record show that national organizations like the nearly one million member ColorofChange.org worked in solidarity with Ferguson residents to support their leadership and also connect the events on the ground to a larger movement against injustice and police brutality.

Let the record show that members of rival St. Louis gangs stood together, united, protecting the elderly, women, children and physical property during the protests as a show of solidarity for their community.

Let the record show that it was not the Ferguson police department who made history but the hundreds of people who stood peacefully night after night for 15 weeks, chanting, talking and holding one another at youth organized meetings and healing stations organized by poet Elizabeth Vega.

Let the record show social media’s role in raising the name and story of an unarmed black citizen being killed – just as it has for Ezell Ford, Rekia Boyd, Eric Garner, Oscar Grant, Renisha McBride, Jordan Davis, Aiyana Stanley-Jones and countless others.

Let the record show that those very same social media platforms and voices were responsible for shining light on a city using tanks and tear gas on its citizens when mainstream media was being arrested and shut out.

Yes, let the record show the rage. Do not be afraid to talk about the disproportionately small number of people who would rather break things - windows, shelves, fences – than stand for the breaking of more people.

And most importantly, let the record show that the George Zimmerman verdict and the Darren Wilson decision are not evidence of black people’s delusions of racism but instead of how deeply entrenched bias and hatred is in a system that was built on, you guessed it, state-sanctioned racism.

Long after the facts of the case have been parsed and forgotten, long after Mike Brown t-shirts are faded and Darren Wilson rides off into a sunset that still hides George Zimmerman, there will be a record.

And if written correctly, it will tell the story of a people who refused to let America run from her promise of justice and equal protection under the law; citizens who used every awful tragedy, every imperfect victim, every messy media firestorm, every conflicting account, every questionable death, every chance it got to scream a truth that it knows deep in its bones: the police state is dangerous and unequal.

So, dear lions. Those of you black, brown, female, gay, poor, and oppressed; those feared and hunted by a system that won’t recognize its flaws, commit now to being historians. Tell and claim the parts of the Ferguson story that didn’t make it into the President’s remarks or McCulloch’s recap or the 24 hour news coverage.

If we do this, history will undoubtedly show what the state never has: that black lives – and all lives – matter.

 

TIME tragedy

Ticket Waived for Teen Who Dozed at Wheel in Fatal Car Wreck

Five of his family members were killed in the accident

A ticket will be waived for a teen who dozed off at the wheel, causing a car crash that took the lives of five of his family members.

The Texas teen, whose name has not been released, said he fell asleep at the wheel of his family’s car around 10:30 p.m. on Wednesday. The family was driving through Louisiana at the time, on their way to Disney World in Florida for Thanksgiving.

The car hit the median and ultimately flipped, causing six of the eight people in the car to be ejected from the vehicle. Five of those family members died. They included parents Michael and Trudi Hardman, and kids Dakota Watson, 15, Kaci Hardman, 4, and Adam Hardman, 7.

The driver was initially issued a ticket for the accident, but that was then waived. “This young man has been punished enough,” Louisiana Fourth Judicial District Attorney Jerry Jones said, The News Star reports. “There is no need to add to his pain. The ticket will be dismissed.”

[The News Star]

TIME justice

Anxieties Mount as Ferguson Waits on Grand Jury

Protestors march in front of the Ferguson Police Department in Ferguson, Mo on Nov. 23, 2014.
Protestors march in front of the Ferguson Police Department in Ferguson, Mo on Nov. 23, 2014. Samuel Corum—Anadolu Agency/Getty Images

(FERGUSON, Mo.) — Despite preparations for a weekend decision in the Ferguson shooting case, the grand jurors apparently need more time to deliberate, and the uncertainty just seemed to feed the anxiety and speculation Sunday in a city already on edge.

More than 3½ months have passed since police Officer Darren Wilson, who is white, killed unarmed black 18-year-old Michael Brown after a confrontation in the middle of a street in the St. Louis suburb. The shooting triggered riots and looting, and police responded with armored vehicles and tear gas.

Many in the area thought a grand jury decision on whether to charge Wilson with a crime would be announced Sunday, based partly on a stepped-up police presence in the preceding days, including the setting up of barricades around the building where the panel was meeting.

The grand jurors met Friday but apparently didn’t reach a decision, and they were widely expected to reconvene on Monday, though there was no official confirmation of that.

During church services Sunday, some pastors encouraged their flocks not to fret.

A choir sang, “We need you Lord right now” at the predominantly black Greater Grace Church in Ferguson. The pastor, Bishop L.O. Jones, referred to the pending grand jury decision briefly.

“Everybody stand to your feet and tell somebody, ‘Don’t be afraid. God is still in control,'” Jones said as church members repeated after him.

The Rev. Freddy Clark of Shalom Church in nearby Florissant told the mostly black interdenominational congregation that “justice will be served” whichever way the decision goes, because God will take care of it.

“None of us are pleased about what happened,” said parishioner James Tatum. “Whatever the verdict is, we have to understand that’s the verdict.”

As they wait, some people have continued daily protests, while speculation has grown that the delays are intentional.

“People feel like it’s been engineered, so that the results wouldn’t come out until after the election and until the weather got cold, and it would be more difficult to protest,” said Susan McGraugh, supervisor of the Criminal Defense Clinic at the Saint Louis University School of Law. “It’s really adding fuel to the fire.”

St. Louis County Prosecutor Bob McCulloch had said he expected a grand jury decision by mid-to-late November. But that’s not ultimately in his control.

The 12-person grand jury deliberates in secret, without McCulloch, and sets its own schedule depending upon when the members are available.

It’s not uncommon for deliberations to take a while in complex cases when, such as in the Brown shooting, self-defense is alleged or there are two widely conflicting versions of events, said Cole County Prosecutor Mark Richardson, who is not involved in the Ferguson case.

Downtown STL Inc., a St. Louis civic group that promotes downtown businesses, told members in an email Saturday that the grand jury will reconvene Monday to continue deliberating. The email did not explain how the group knew that, and McCulloch’s office has not commented on the grand jury’s schedule.

If jurors meet Monday, there is no guarantee they will reach a decision that day, or even this week.

“In the course of their deliberations, if one grand juror convinces the others that ‘Look, we need to hear from an additional witness,’ and they all agree, the prosecutor’s got a duty to bring that witness in,” Richardson said.

When the panel reaches a decision, it will be up to McCulloch to publicize it.

Sunday would have been an opportune time to minimize disruptions from protests, since schools and governments are planning on only a partial work week because of Thanksgiving, said Peter Joy, a law professor at Washington University in St. Louis. He said Monday or Tuesday would still make sense.

But “my belief is that with the holiday, releasing it on Wednesday, Thursday or Friday would produce a negative reaction,” Joy said.

TIME justice

FBI Sends 100 Agents to Ferguson Ahead of Grand Jury Decision

Arrests have already been made for firearm charges

The FBI has sent some 100 agents to the St. Louis area to prepare for the grand jury decision on whether to indict the police officer who shot the unarmed teenager Michael Brown.

A decision by the grand jury is expected within days, and there are signs that unrest is brewing. The FBI arrested two men earlier this week near Ferguson on firearms charges as part of the increased law enforcement presence in the St. Louis suburb, CBS reports.

The 100 FBI agents were ordered to mobilize and arrive in Ferguson Friday, and additional personnel have been put on alert so they can be called in as a second emergency wave, ABC reports.

President Obama, Brown’s family, and Attorney General Eric Holder have urged protestors to remain peaceful.

[ABC]

TIME justice

Obama Tells Ferguson to ‘Keep Protests Peaceful’

Woman stops to visit the memorial set up where Michael Brown was shot and killed in Ferguson
A woman stops to visit the memorial set up where Michael Brown was shot and killed in Ferguson, Missouri, Nov. 22, 2014. Jim Young—Reuters

"Using any event as an excuse for violence is contrary to rule of law, contrary to who we are"

President Barack Obama urged protestors in Ferguson to remain peaceful as they await the grand jury’s decision in this summer’s fatal police shooting of an unarmed black man.

“I think first and foremost, keep protests peaceful,” Obama said in an interview, the Associated Press reports. “This is a country that allows everybody to express their views, allows them to peacefully assemble, to protest actions that they think are unjust. But using any event as an excuse for violence is contrary to rule of law, contrary to who we are.”

A grand jury decision on whether to indict Officer Darren Wilson in the Aug. 9 death of 18-year-old Michael Brown is due any day now, and police are preparing for further unrest in the St. Louis suburb of Ferguson.

Michael Brown senior, the victim’s father said “Hurting others or destroying property is not the answer. No matter what the grand jury decides, I do not want my son’s death to be in vain.”

[AP]

TIME justice

Michael Brown Sr. Appeals for Calm Ahead of Grand Jury Decision

"I do not want my son's death to be in vain"

The father of Michael Brown, the unarmed black teenager shot by a police officer in Ferguson, Mo. this summer, released a video Thursday asking people not to “hurt others” or “destroy property” ahead of a grand jury decision into whether the officer will be indicted in the killing.

“No matter what the grand jury decides, I do not want my son’s death to be in vain,” Michael Brown, Sr. said in the video. “I want it to lead to incredible change, positive change, change that makes the St. Louis region for everyone…Let’s work together to create change for all people regardless of race.”

The shooting of Brown by Officer Darren Wilson sparked sometimes violent protests in Ferguson this August, exposing simmering racial tensions in the St. Louis suburb.

Protestors gathered again in below freezing temperatures outside the courthouse to await the grand jury’s return on the case in the past week. They have been met by officers in riot gear. Police have already arrested five people and are bracing for the verdict.

TIME justice

Charles Manson Gets Marriage License

Charles Manson and friends
From Left: Afton Elaine Burton and Charles Manson, imprisoned for life for association with a series of murders in the 1960s in Corcoran, Calif. on Aug. 14, 2011. Manson Direct/Polaris

(CORCORAN, Calif.) — Mass murderer Charles Manson has gotten a license to marry a 26-year-old woman who visits him in prison.

The marriage license obtained Monday by The Associated Press was issued Nov. 7 for the 80-year-old Manson and Afton Elaine Burton, who left her Midwestern home nine years ago and moved to Corcoran, California — the site of the prison — to be near Manson.

It does not specify a wedding date and indicates the couple has 90 days to get married or they will have to reapply.

Burton gave an interview a year ago to Rolling Stone magazine in which she said she and Manson planned to marry. But Manson said then it was not true.

Burton, who goes by the name “Star,” told the AP that she loves Manson and they will marry next month. She denied reports that he wasn’t interested in marriage.

 

Read next: Who Is Charles Manson?

TIME Crime

U.S. Cities Brace for Unrest As Ferguson Grand Jury Decision Nears

Demonstrators yell "Hands Up, Don't Shoot" alongside a highway overpass to voice their opinions as the area awaits a grand jury decision near Ferguson, Mo. on Nov. 15, 2014.
Demonstrators yell "Hands Up, Don't Shoot" alongside a highway overpass to voice their opinions as the area awaits a grand jury decision near Ferguson, Mo. on Nov. 15, 2014. Joe Raedle—Getty Images

Jury will decide whether Officer Darren Wilson should be indicted for the killing of unarmed black teenager Michael Brown

(BOSTON) — From Boston to Los Angeles, police departments are bracing for large demonstrations when a grand jury decides whether to indict a white police officer who killed an unarmed black teenager in Ferguson, Missouri.

The St. Louis County grand jury, which has been meeting since Aug. 20, is expected to decide this month whether Officer Darren Wilson is charged with a crime for killing 18-year-old Michael Brown after ordering him and a friend to stop walking in the street on Aug. 9.

The shooting has led to tension with police and a string of unruly protests there and brought worldwide attention to the formerly obscure St. Louis suburb, where more than half the population is black but few police officers are.

For some cities, a decision in the racially charged case will, inevitably, reignite long-simmering debates over local police relations with minority communities.

“It’s definitely on our radar,” said Lt. Michael McCarthy, police spokesman in Boston, where police leaders met privately Wednesday to discuss preparations. “Common sense tells you the timeline is getting close. We’re just trying to prepare in case something does step off, so we are ready to go with it.”

In Los Angeles, rocked by riots in 1992 after the acquittal of police officers in the videotaped beating of Rodney King, police officials say they’ve been in touch with their counterparts in Missouri, where Gov. Jay Nixon and St. Louis-area law enforcement held a news conference this week on their own preparations.

“Naturally, we always pay attention,” said Cmdr. Andrew Smith, a police spokesman. “We saw what happened when there were protests over there and how oftentimes protests spill from one part of the country to another.”

In Las Vegas, police joined pastors and other community leaders this week to call for restraint at a rally tentatively planned northwest of the casino strip when a decision comes.

Activists in Ferguson met Saturday to map out their protest plans. Meeting organizers encouraged group members to provide their names upon arrest as Darren Wilson or Michael Brown to make it more difficult for police to process them.

In a neighboring town, Berkeley, officials this week passed out fliers urging residents to be prepared for unrest just as they would a major storm — with plenty of food, water and medicine in case they’re unable to leave home for several days.

In Boston, a group called Black Lives Matter, which has chapters in other major cities, is organizing a rally in front of the police district office in the Roxbury neighborhood the day after an indictment decision.

In Albuquerque, New Mexico, police are expecting demonstrations after having dealt with a string of angry protests following a March police shooting of a homeless camper and more than 40 police shootings since 2010.

Philadelphia police spokesman Lt. John Stanford said he anticipated his city will see demonstrations, regardless of what the grand jury returns.

But big-city police departments stressed they’re well-equipped to handle crowds. Many saw large but mostly peaceful demonstrations following the 2013 not-guilty verdict in the slaying of Florida teen Trayvon Martin by neighborhood watch coordinator George Zimmerman. In New York, hundreds of protesters marched from Union Square north to Times Square, where a sit-in caused gridlock.

The New York Police Department, the largest in the nation, is “trained to move swiftly and handle events as they come up,” spokesman Stephen Davis said.

In Boston, McCarthy said the city’s 2,200 sworn police officers have dealt with the range of public actions, from sports fans spontaneously streaming into the streets following championship victories to protest movements like Occupy.

“The good thing is that our relationships here with the community are much better than they are around the world,” he said. “People look to us as a model. Boston is not Ferguson.”

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