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MARY REICHARD, HOST:Good morning!

Police officers must read your Miranda rights to you if they intend to interrogate you. But what are the limits to asserting that right?

NICK EICHER, HOST:Thats ahead on Legal Docket.

Also today the Monday Moneybeat, well talk about a stock market that is on the brink of a bear market.

Plus the WORLD History Book. 25 years ago this week, a pilot completes Amelia Earharts journey.

REICHARD:Its Monday, May 23rd. This is The World and Everything in It from listener-supported WORLD Radio. Im Mary Reichard.

EICHER:And Im Nick Eicher. Good morning!

REICHARD:Up next, Kent Covington with todays news.

KENT COVINGTON, NEWS ANCHOR:U.S. military flies emergency baby formula supplies from Europe U.S. Military planes usually carry emergency supplies out of the country to other nations in need, but this time, its the other way around.

A cargo plane carrying baby formula from Germany arrived in Indianapolis on Sunday.

Secretary of Agriculture Tom Vilsack:

VILSACK: The reason why we are doing this is obviously the critical need that is out there. It would take approximately two weeks for the normal commercial process to work. As a result of the United States militarys involvement, were going to get this here in a matter of days.

The C-17 cargo plane carried enough formula to fill more than a half-million bottles. The flight brought 15 percent of the specialty medical grade formula needed in the United States.

It was the first of several flights expected from Europe aimed at easing the nationwide formula shortage.

Brian Deese, director of the White House National Economic Council said people should see more formula in stores starting as early as this week.

Contamination forced a shutdown of the nations largest baby formula plant. That has fueled much of the nations shortage.

Biden wraps up South Korea trip, plans to announce economic plan in Japan President Biden wrapped up a visit to South Korea on Sunday. In remarks at Osan Air Base, Biden told service members monitoring the North Korean nuclear threat

BIDEN: You are on the front line of everything were concerned about. You represent the commitment [that] our two countries made to each other and the strength of the U.S.-ROK alliance.

He wrapped up his three-day trip to South Korea by showcasing Hyundai's pledge to invest at least $10 billion in the United States.

BIDEN: The new facility should be rolling out the latest electric vehicles and batteries to power them by 2025.

He said that will create thousands of jobs in the state of Georgia.

This morning, the president is in Japan where hes planning to announce an economic plan to counter Beijing in the Indo-Pacific region.

President Biden approves Ukraine aid While in South Korea over the weekend, President Biden signed into law a massive new aid package for Ukraine. WORLDs Josh Schumacher has more.

JOSH SCHUMACHER, REPORTER: The legislation passed Congress with big bipartisan majorities. It will provide $40 billion in military and economic aid.

It is intended to support Ukraine through September, and it dwarfs an earlier emergency measure that granted roughly thirteen-and-a-half billion.

The new legislation provides $20 billion in military assistance. That will ensure that advanced weapons continue to flow to Ukraine to help blunt Russias advances.

It also gives a billion dollars to help refugees$8 billion in economic support and $5 billion to fight global food shortages brought on by Russias invasion.

Reporting for WORLD, Im Josh Schumacher.

W.H.O. chief: The pandemic isnt over The head of the World Health Organization, Tedros Ghebreyesus, warned on Sunday that were nowhere near being out of the woods with COVID-19.

GHEBREYESUS: No, its most certainly not over. I know thats not the message you want to hear, and its definitely not the message I want to deliver.

He said cases are now on the rise in almost 70 countries in all regions, and this is in a world in which testing rates have plummeted.

He added that this virus has surprised us at every turn.

GHEBREYESUS: A storm that has torn though communities again and again, and we still cant predict its path or its intensity.

Cases continue to rise in the United States. Thats been the case for nearly two months now. That increase has been somewhat slow and steadynothing like the huge omicron spike in December and January.

Still, U.S. cases have more than tripled since Marchfrom about 29,000 infections per day to nearly 100,000 per day. But deaths have continued to slowly decline.

White House virus response coordinator Dr. Ashish Jha told ABCs This Weekthat Congress must step up with more pandemic funding now.

JHA: If they dont, we will go into the fall and winter without that next generation of vaccines, without treatments and diagnostics. Thats going to make it much, much harder for us to take care of and protect Americans.

Jha also recommended Americans continue toor return towearing masks indoors in public.

Im Kent Covington.Straight ahead: a Supreme Court oral argument lightning round.

Plus, a rock-n-roll hit makes its debut.

This is The World and Everything in It.

MARY REICHARD, HOST:Its Monday, May 23rd and youre listening to The World and Everything in It from WORLD Radio. Good morning! Im Mary Reichard.

NICK EICHER, HOST:And Im Nick Eicher. Its time for Legal Docket.

The current Supreme Court term ends next month and that means a slew of opinions will be handed down between now and then. Big issues like abortion, gun rights, and prayer still to be decided.

Last week, two opinions came down.

The first one is a win for a sitting United States senator. Ted Cruz of Texas challenged an aspect of the campaign finance law known as McCain-Feingold. That law capped the amount of personal loan money candidates can reimburse themselves using funds collected after election day.

A 6-3 decision said that rule violates the right to free speech. But the liberal justices criticized the majority opinionfor in their view ignoring the intent of the law which is to curb corruption.

Over the years, a few other provisions of McCain-Feingold already have been struck down as unconstitutional.

REICHARD:The second decision concerns immigration. A 5-4 ruling says regular courts cannot review factual findings made by judges in immigration courts.

This is bad news for a man from India in the United States for 30 years under a work visa. He didnt go through the formal inspection process when he arrived in 1992. And he checked a box on an application for a drivers license in 2008 that said US citizen when he was not.

Those things triggered deportation proceedings. The majority justices found such facts are not reviewable by a court.

EICHER:Okay, on to oral arguments.

Hang on to your seats, though, because we will hit highlights in five cases today, but within our usual time constraints. Were going to go fast, so here we go:

Dispute Number One relates to the 1966 Supreme Court decision that gave us whats been known ever since as Miranda rights. That ruling required police to advise suspects of their right to remain silent while in police custody and to obtain a lawyer before theyre interrogated.

Lets flash back to February 1966. Heres lawyer John Flynn. He represented Ernesto Miranda:

FLYNN:I believe the record indicates that at no time during the interrogation and prior to his oral confession was he advised either of his rights to remain silent, his right to counsel, or of his right to consult with counsel; nor, indeed, was such the practice in Arizona at that time, as admitted by the officers in their testimony. The defendant was then asked to sign a confession, to which he agreed.

A split court agreed that procedural safeguards are necessary to protect Fifth Amendment rights; people should be advised of their rights in order to assert those rights.

Fast forward 56 years to the question before the high court now: Just how far does Miranda go?

The facts are straightforward. Terence Tekoh worked at a medical facility in Los Angeles. Police officer Carlos Vega arrested him on suspicion of sexual assault of a patientbut Officer Vega didnt issue Tekoh his Miranda rights.

Later on, a jury acquitted Tekoh of sexual assault.

Case closed? Not quite.

Tekoh then sued Vega for that failure to issue Miranda rights to him.

But is that failure by itself a sufficient basis for a federal lawsuit?

EICHER:It is notto hear the lawyer for the federal government argue. Have a listen to this exchange between Assistant to the Solicitor General Vivek Suri and a more skeptical Justice Clarence Thomas.

SURI:Miranda recognized a constitutional right, but it's a trial right concerning the exclusion of evidence at a criminal trial. It isn't a substantive right to receive the Miranda warnings themselves. A police officer who fails to provide the Miranda warnings accordingly doesn't himself violate the constitutional right, and he also isn't legally responsible for any violation that might occur later at the trial. The Ninth Circuit's contrary decision should be reversed.

THOMAS:What if the police officer purposely lies in order to convince the prosecutor to use the statement?

SURI:We would still say that there is no Miranda claim, but I have to be clear that that issue is not properly presented in this case.

REICHARD:What stood out to me in this and several other arguments this term are comments from the justices about the role of the Supreme Court.

Listen to Justice Elena Kagan address the attorney for the police officer. She refers to what Miranda and subsequent case law has come to mean to Americans.

KAGAN:that it, you know, was sort of central to people's understanding of the law and that if you overturned it or undermined it or denigrated it, it would be -- you know, it had -- would have a kind of unsettling effect not only on people's understanding of the criminal justice system but on people's understanding of the Court itself and the legitimacy of the Court and the way the Court operates and the way the Court sticks to what it says, you know, not just in a kind of technical stare decisis sense but in a more profound sense about the Court as an institution and the role it plays in society.

Alright, cases two and three both involve questions of procedure.

In one case, a man convicted of drug and firearm offenses appealed and lost. Then he tried to have the sentence vacated on the basis that he had a lousy lawyer.

But the crux of this case is based upon whether the judge was lousy, too: specifically, a mistake by the judge who found that the man missed a filing deadline, but in fact he really didnt miss it.

So now the question is whether the Federal Rules of Civil Procedure allow courts to fix that problem.

Sounds straightforward. But it isnt.

Listen to Justice Amy Coney Barrett opine that maybe both sides have this wrong.

BARRETT:You have the difficulty of distinguishing between fact and law, and then you also have the difficulty in identifying whose error was it? I mean, I think the government makes a good point, that it can be difficult to figure out if a legal error was by the litigant or by the court.It could be categorized as the counsels error. It could be categorized as the courts error.

Justice Stephen Breyer acknowledged human error.

BREYER:Look, the judges do make mistakes. Give them a quick chance to do it, even if its one of law. Call it to their attention. Six of one, half dozen of the other because we have problems both ways.

The other procedural dispute involves two companies fighting over alleged fraud in a business transaction. Theyd each signed an arbitration agreement to settle problems before an arbitration board in Germany.

But before arbitration can proceed, one company seeks discovery, that is, relevant documents and testimony, and wants a federal district court to compel the other party to provide it.

The question is whether federal district courts even have authority to make such an order.

Justice Kagan doubted one sides interpretation of the law:

KAGAN:I mean, it all depends, right? And I guess my broader question is, like, really, what can you take from this language? I'm all for, you know, being serious about language when there's something to be serious about, but I don't know

On to our fourth argument, a case captioned United States v Washington.

This one asks how state laws around workers compensation apply when federal contractors are involved.

Heres the situation. The Department of Energy oversees cleanup of a nuclear waste site in the state of Washington. Its expected to take 60 years! Some of those doing the work are federal contractors.

An old state law presumes health problems like cancer and lung disease will occur as a result of doing this kind of work. The law says thatll trigger workers compensation benefits. The federal government contests that aspect.

After the Supreme Court took the case, Washington state changed that law, so now theres an additional question of whether the case is now moot.

This dispute involves a doctrine called intergovernmental immunity. That prevents the federal government and state governments from intruding on each others sovereignty.

Lawyer for the state of Washington argued all this doesnt matter anymore because the new law resolves the old problems.

But Justice Breyer wasnt so sure about that.

BREYER:if its a real problem, then I cant say its moot.

OK, fifth and final argument today, this one about Chapter 11 bankruptcy and quirky laws governing bankruptcy in Alabama and North Carolina.

Those two states oversee corporate bankruptcies by the Judicial Conference and leave the appointment of trustees to handle the cases to the bankruptcy judges.

Thats different from the rest of the country. The US Trustees Office oversees Chapter 11 proceedings for the 48 other states.

Therere reasons for that. Too in the weeds for our purposes here, so Ill spare you.

This is the point, though: The law requires payment to Trustees to come from the debtors estate.

A few years ago, Congress raised those fees up to $250,000. But that fee increase didnt apply to Alabama and North Carolina.

Chief Justice John Roberts:

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The World and Everything in It - May 23, 2022 - WORLD News Group