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California Attorney General Rob Bonta on leading lawsuit against TikTok over teen safety concerns

TikTok faces legal battles from 13 states and Washington, D.C., over allegations it has knowingly targeted teens with addictive content and misrepresented its safety features. California Attorney General Rob Bonta co-leads the effort. He joins "CBS Mornings Plus."
Read full article on: cbsnews.com
Solange on her Eldorado Ballroom series, her love of the tuba and the long wait for new music
Solange's latest project is Eldorado Ballroom, a three-night series of wide-ranging musical performances set to open Thursday at Walt Disney Concert Hall.
latimes.com
Adam Edstrom ready to carry over dominant Rangers camp into regular season
"This is just the start. Preseason is over. It’s time for the real season now. I’m excited to go out there and play, it’ll be fun.”
nypost.com
Yankees vs. Royals ALDS Game 3 prediction, pick: Target this Seth Lugo player prop
The Yankees have a tough test in Kansas City against Seth Lugo, who will take the mound for the Royals in Game 3 of the American League Division Series. 
nypost.com
Waffle House shuttering Tampa locations in rare bellwether indicating Hurricane Milton will be severe, dangerous storm
The Saffir-Simpson Wind Scale has nothing on the Waffle House Index.
nypost.com
Kyle Richards ‘can’t live without’ this tinted moisturizer — and it’s 20% off
"It’s so lightweight but makes a big difference in evening out my skin," she once told Page Six Style.
nypost.com
The astrology of ick: Who has the most unlikable birth chart placements?
Astrologer and tarot card reader Shaina Emily shares her insights on the birth chart placements that make someone unlikable upon first meeting — an initial ick if you will.
nypost.com
Granny and 5-year old held at gunpoint in NYC home invasion as brutes steal nearly $15K: cops
A 5-year-old boy – who was at home with his 56-year-old grandma – answered the door, thinking his mom had come home, law enforcement sources said.
nypost.com
The Lola Blanket Is The Softest, Most Luxurious Blanket I’ve Ever Owned
Scouted/The Daily Beast/Lola Blanket. Scouted selects products independently. If you purchase something from our posts, we may earn a small commission.Now that the temps are (finally!) beginning to dip, cozying up in a blanket on the couch in honor of cuffing season is non-negotiable. Whether I’m having a slow morning with coffee or settling in for movie night, I love nothing more than cocooning myself in a luxury blanket. Of course, as an interior design enthusiast, I appreciate how a chic throw can instantly elevate your living room sofa and signal the change of seasons. Fall and winter are the perfect time to incorporate heavy knits and faux fur into your home decor lineup, so when Lola Blankets reached out to see if I’d like to try one of their throws, it was a no-brainer.Read more at The Daily Beast.
thedailybeast.com
Bethenny Frankel calls these peel pads the best she’s ‘ever used’ — and they’re over 30% off
When it comes to her beauty favorites, Frankel always keeps it frank.
nypost.com
Biden attacks Trump for ‘outright lies’ about hurricane relief efforts as Milton takes aim at Florida
President Biden ripped former President Donald Trump Wednesday for his criticism of the federal response to Hurricane Helene — as Category 4 Hurricane Milton approached the west coast of Florida as what Biden said could be the “storm of the century.” The president, 81, focused repeatedly on the Trump-led criticism of recovery efforts following the...
nypost.com
Tampa’s viral ‘Lieutenant Dan’ still refusing to leave his boat ahead of Hurricane Milton — here’s why he’s staying put
One-legged Florida man Joseph Malinowski has gone viral for his refusal to evacuate before Hurricane Milton. Malinowski, who’s been nicknamed “Lieutenant Dan” — in a nod to Gary Sinise’s seafaring character in “Forrest Gump” — has said he plans on remaining on his boat, likening himself to Noah and his ark. “The safest place to...
nypost.com
Meet the ‘Dark MAGA’ Agent With a Dirty Past: Radical Touted as Movement’s ‘Secret Weapon’
Scott Presler/InstagramDonald Trump wasn’t the only one thirsty for redemption at his second rally in Butler, Pennsylvania—the first time that the former president was back in the city since an assassination attempt was made on his life.Just before Trump took to the stage on Oct. 5 for an emotional roller coaster of a keynote speech—which included Elon Musk awkwardly jumping for “Dark MAGA”—a long-haired, right-wing conservative Scott Presler was introduced to the crowd.“And he wore shorts for us today so check out his legs. Look at this!” said Trump’s daughter-in-law and RNC co-chair Lara Trump, calling Presler up to the podium.Read more at The Daily Beast.
thedailybeast.com
Someone told Troy Aikman that Travis Kelce and Taylor Swift ‘might actually be engaged’
Troy Aikman thinks he might have stumbled upon a massive scoop.
nypost.com
When is the next Amazon Prime Day? Everything we know about the annual sale
Amazon Prime Day is coming to an end.
nypost.com
Hurricane Milton Revives Debate About Need for a ‘Cat 6’ Storm Designation
CIRA/NOAAHurricane Milton’s ferocious winds that peaked at 180 mph have people asking yet again—is it time for the National Hurricane Center to add a “Category 6” classification to the Saffir-Simpson Hurricane Wind Scale?The question will likely take a backseat at the NHC ahead of Milton’s landfall in Florida on Wednesday evening. Once the storm surge recedes and hurricane season comes to a close, however, some researchers want the federal agency to make a change—especially as powerful hurricanes are expected to increase in frequency amid the warming of our oceans.Among those in favor of adding a new designation is Michael Wehner, a climate scientist at the Lawrence Berkeley National Laboratory. He co-authored a study earlier this year that looked at recent storms that would be worthy of the Category 6 hurricane denomination and determined a new classification would help emphasize a truly catastrophic storm’s potential devastation.Read more at The Daily Beast.
thedailybeast.com
Afghan national charged with Election Day terror plot reignites vetting concerns: ‘Glaring alarms’
The arrest of an Afghan national, who came to the U.S. after the withdrawal from Afghanistan in 2021, on terror charges is refueling concerns about the vetting of those who arrived.
foxnews.com
Troy Aikman says he heard Taylor Swift and Travis Kelce are engaged: 'I might have broke the story'
Troy Aikman slipped up Monday night when he referred to Taylor Swift as Travis Kelce's "missus," but he says he heard a rumor the two are engaged.
foxnews.com
Mets vs. Phillies live updates: Jose Quintana draws start against Ranger Suarez
Win and the Mets advance to the NLCS. Lose and hey head back to Philadelphia for Game 5 on Friday. The Amazin’s put a dominant performance together in Game 3 with a 7-2 victory. Ranger Suarez will be on the mound for Philadelphia Wednesday evening against Mets’ Jose Quintana. The Mets opened as slight favorites...
nypost.com
Yankees vs. Royals prediction: Clarke Schmidt faces Seth Lugo in ALDS Game 3
Clarke Schmidt will help lead the Yankees past Seth Lugo and the Royals in Wednesday night's critical Game 3 in Kansas City.
nypost.com
Son moved away for school. His dad blames me. Hax readers give advice.
Their son never moved back after leaving for grad school, and now husband is blaming the letter writer for paying his tuition.
washingtonpost.com
Patriots’ Jabrill Peppers put on leave by NFL after drug and assault arrest
The NFL placed Patriots captain and safety Jabrill Peppers on the Commissioner Exempt List after he was arrested on strangulation and cocaine possession charges following an altercation with a woman in Braintree, Mass. on Saturday.
nypost.com
Jennifer Lopez believes God hit her 'over the head with a f---ing sledgehammer' to leave Ben Affleck
Jennifer Lopez is opening up for the first time about her divorce from Ben Affleck, and how she realized they were not right for each other and that she can be happy alone.
foxnews.com
Hoda Kotb Reveals Her Young Daughter’s Stay In The ICU Influenced Her Decision To Leave ‘Today’
"I've been watching my kids and I was thinking to myself, I wonder what I'm missing?” she said.
nypost.com
The New ‘Abbott Elementary’ Season Might Be the Best Yet
Eric Faison/The Daily Beast/ABC Abbott Elementary's third season (shortened due to last year's WGA strike) ended on a cliffhanger as teachers Janine Teagues (Quinta Brunson) and Gregory Eddie (Tyler James Williams) finally kissed after her end-of-school party. It was thrilling news for fans of the show—like myself—who had been waiting oh-so-patiently for the pair to finally connect. That’s part of the joy (and frustration) of watching a sitcom, as the will-they-or-won’t-they of a seemingly perfect couple develops over multiple seasons. While it seems we’ve finally reached the beginning of Janine and Gregory’s relationship, there was no guarantee they’ll be together by the time Season 4 starts.After all, another famous sitcom—The Office, a key influence for Abbott Elementary—had fan favorites Jim and Pam finally kiss in the Season 2 finale, “Casino Night,” before ultimately moving their relationship backwards for an entire season. That episode was shot by Randall Einhorn, who directed Abbott Elementary's Season 3 finale, “Party.” So there are plenty of reasons to be worried.While I won’t spoil it here, the first episode of Season 4, "Back to School," which premieres Oct. 9, delivers a definitive answer on Gregory and Janine’s romance. You can be sure that whether or not they’re together, the Janine-and-Gregory dynamic will continue to be a key part of the show's newest season. Abbott faces plenty of other issues in the premiere, though, particularly the development of a new golf course in West Philadelphia that brings a white family to the school and could have significant implications for the student body's demographics. It’s also causing plenty of trouble with the campus's infrastructure, including water and electricity, leading to plenty of enjoyable antics, including some seriously undercooked chicken nuggets.Read more at The Daily Beast.
thedailybeast.com
Fed decision to go big on rate cut was not a slam dunk
The Fed’s decision to cut interest rates in September prompted a debate, according to the minutes of that Federal Reserve board meeting.
washingtonpost.com
Biden-Harris concerns about Israel should be kept private as it weighs retaliation against Iran, Rice warns
Former Secretary of State Condoleezza Rice argued conversations between the U.S. and Israel should be kept private as it weighs revenge against Iran.
foxnews.com
Woman, 22, says 73-year-old roommate is ‘best’ she’s ever had despite large age gap: ‘I have a friend for life’
Two housemates with a 51-year age gap say they have "lots" in common — they do most things together and never argue. 
nypost.com
Julia Bullock and Davone Tines, both 37, reinvent the old song recital for a new generation
Davone Tines and Julia Bullock, leading singers of their generation, infuse theatricality into recitals centered on Paul Robeson and the Messiaen song cycle 'Harawi.'
latimes.com
Top 10 US cities with lowest risk of climate disasters—including hurricanes, fires and floods
With Hurricane Milton heading toward Florida and swaths of the South still reeling in the wake of Hurricane Helene, many might be wondering: Is any place truly safe from extreme weather?
nypost.com
Hurricane Milton spawns dangerous tornado supercells
Storm systems capable of generating tornados have started to sweep across the southern Florida peninsula as Hurricane Milton rapidly approaches the Sunshine State, the National Hurricane Center said. Tens of thousands of people living along Florida’s coast or in other low-lying, flood-prone areas have also been told to flee in what has been called the...
nypost.com
Driver charged after his boxes spilled onto the freeway and a police officer fatally crashed
Raymond Eugene Sanders, 68, was driving his truck on the northbound 405 in Carson when boxes of lighting fixtures fell from his truck because they were not properly secured, prosecutors said Tuesday.
latimes.com
World Series MVP odds: Padres’ Fernando Tatis Jr. favored ahead of Yankees’ Aaron Judge, Juan Soto
Early World Series MVP odds are already out and the playoffs' hottest hitter leads the way.
nypost.com
Jason Kelce fires back at ESPN analyst's wild rule-change suggestion: 'Stick to draft analysis'
Jason Kelce called Mel Kiper Jr.'s take about outlawing two high safety formations in the NFL "embarrassing" during a recent episode of "New Heights."
foxnews.com
Bruins’ Max Jones accidentally slashes ref in wild season opener against Panthers
You certainly can’t do that, Max Jones. 
nypost.com
Mark Cuban Defends NBA's Ties to China Despite 'Human Rights Violations'
Dallas Mavericks Minority Owner Mark Cuban is still defending the NBA over its deep financial ties to China, one of the worst human rights offenders. The post Mark Cuban Defends NBA’s Ties to China Despite ‘Human Rights Violations’ appeared first on Breitbart.
breitbart.com
Israel pushes to shut down UNRWA as aid group shutters northern Gaza operations
Israel is pushing for a new law to stop the United Nations Palestinian refugee agency (UNRWA) from working in the Gaza Strip – with the intense battles there already shuttering the embattled aid group's operations in the north.
nypost.com
An Awkward Dance: Harris Has to Defer to the President She Seeks to Replace
Vice President Kamala Harris has been a loyal understudy to President Biden. But tensions are inevitable as she increasingly takes center stage.
nytimes.com
I’m a cancer dietitian — I would never consume these 7 foods and drinks
She's got a beef with these seven items.
nypost.com
NJ judge suspended for TikTok videos where he mouthed sexy and explicit lyrics in judicial robes or half-naked: report
Gary Wilcox, a Bergen County Superior Court judge, posted 40 videos under the pseudonym “Sal Tortorella” over two years starting in April 2021 — and about a quarter of the clips included profanity-laced lyrics referencing sex, violence, racism and misogyny.
nypost.com
Bonanno wiseguy threatens to ‘slap the f—ing s—t’ out of mob turncoat on FBI wiretap: feds
Reputed wiseguy John "The Maniac" Ragano threatened to go after a mob turncoat if he informed on him to the feds, according to an FBI wiretap played in Brooklyn federal court on Wednesday.
nypost.com
Political Analyst: Private Polling Shows Kamala Harris Is in Huge Trouble
Private Harris campaign polling shows Kamala Harris is in a lot of trouble, political analyst Mark Halperin said. The post Political Analyst: Private Polling Shows Kamala Harris Is in Huge Trouble appeared first on Breitbart.
breitbart.com
'Dancing with the Stars'’ Brooks Nader and Gleb Savchenko share tongue kiss, get ‘secret’ matching tattoos
"Dancing with the Stars" contestants Brooks Nader and Gleb Savchenko told Fox News Digital that they got "secret" matching tattoos together, as the dance partners were caught sharing a tongue kiss.
foxnews.com
Here’s the number one song requested by the dying — and it’s far from sad
Siri, play "Another One Bites The Dust"?
nypost.com
Abdul Salaam, member of the famed 'New York Sack Exchange,' dead at 71
Former New York Jets defensive lineman Abdul Salaam, part of the famed "New York Sack Exchange," has died, his wife said Wednesday. Salaam was 71.
foxnews.com
Colorado Supreme Court dismisses lawsuit against Christian baker who refused to bake trans cake
The Colorado Supreme Court dismissed another lawsuit against Masterpiece Cakeshop's Jack Phillips, who faced accusations of discrimination for refusing to bake a custom cake.
foxnews.com
Opinion: I Wrote a Novel About A Dictator’s Wife. Melania’s Book is Much Crazier
Getty Images/Eric Faison/The Daily BeastNo one needs reminding these days that real life is stranger than fiction. Still, if you do need a recap, I might suggest Melania’s new memoir, which I read so you don’t have to.Actually, it wasn’t that hard: partly because it’s only 184 pages of prose, plus 179 photographs, and partly because it’s so free of the woman in question that the whole thing slides over you, like JD Vance’s hair.From the moment she arrived on the political scene, Melania has inspired me, and I don’t mean to Be Best (whatever that means; I’m still none the wiser). I was a reporter in the 2016 U.S. election, and I wound up writing a novel about a cryptic and beautiful dictator’s wife, one who flips between domesticity and cruelty, a woman who’s essentially a Rorschach blot of herself.Read more at The Daily Beast.
thedailybeast.com
Watch Live: Trump rallies in Scranton, Pennsylvania
Former President Donald Trump is holding two rallies today in Pennsylvania with stops in Scranton at 3 ET before heading to Reading tonight.
nypost.com
Brett Kavanaugh and Amy Coney Barrett seem unsure whether to save a man’s life
Anti-death penalty activists rally outside the US Supreme Court in on September 29, 2015, the last time Glossip’s fate was before the Supreme Court. | Larry French/Getty Images for MoveOn.org Glossip v. Oklahoma is currently before the Supreme Court — and it is one of the most muddled death penalty cases the Court has faced in a while. Exactly how the justices untangle it will decide whether a man lives or dies. Richard Glossip is on death row after being convicted of an Oklahoma murder 20 years ago. Now, however, the state’s Republican attorney general says that his trial was unconstitutional and his conviction must be tossed out. The state plans to retry Glossip if his conviction is vacated, but a ruling in Glossip’s favor will get him off death row for now. Yet Attorney General Gentner Drummond has struggled to find a legal forum that will actually take the assertion that his trial was unconstitutional seriously. Oklahoma’s highest criminal court refused to accept Drummond’s arguments and kept Glossip on death row. The state parole board, meanwhile, split 2-2 on whether to grant clemency to Glossip, in part because one member of the board had to recuse himself because his wife was the lead prosecutor against Glossip. Wednesday morning’s oral argument in Glossip only added more confusion to the mix. The two justices who typically take the most hardline positions against criminal defendants, Justices Clarence Thomas and Samuel Alito, appeared determined to toss the case out completely, without ever actually considering whether Glossip’s constitutional rights were violated. They likely have an ally in Chief Justice John Roberts, who seemed to doubt whether any possible constitutional violation in this case actually mattered enough to change the outcome of Glossip’s trial. Justice Neil Gorsuch, who often votes with the Court’s most hardline members in death penalty cases, is recused from the case for reasons the Court did not disclose. That’s actually bad news for Glossip because he must assemble five affirmative votes to toss out his conviction in order to prevail, and the loss of even a skeptical justice is one less potential vote for him. All three of the Court’s Democrats, meanwhile, appeared sympathetic to Glossip’s arguments, and spent much of the case batting down Alito’s proposals to dismiss the case on procedural grounds — though Justice Ketanji Brown Jackson showed some openness to forming an alliance with Thomas to send the case back down to the state courts in order to gather additional evidence. That leaves Justices Brett Kavanaugh and Amy Coney Barrett, conservative Republicans who asked some questions that appeared sympathetic to Glossip, as the wild cards in this case. It is possible that they could provide the fourth and fifth vote to save Glossip’s life, but far from certain. The alleged constitutional violation that is before the Court — that prosecutors withheld evidence that a key witness has a serious mental illness, and failed to correct this witness when he lied on the stand — is fairly marginal. It turns on four words in handwritten notes by prosecutor Connie Smothermon that were not turned over to Glossip’s lawyers until January 2023. The state agrees with Glossip’s legal team that these four words reveal a sufficiently serious constitutional violation to justify giving him a new trial. But while this narrow legal issue, which is the only issue before the Supreme Court, is the kind of legal question that reasonable judges could disagree upon, Smothermon’s notes are only one piece of a wide range of evidence suggesting that Glossip’s criminal conviction is unconstitutional: Oklahoma conducted two independent investigations, both of which concluded that Glossip’s trial was fundamentally flawed. Among other things, those investigations found that Justin Sneed — the man who actually committed the murder at issue here — was pressured by police to implicate Glossip in the crime. They also show that police and the prosecution lost or destroyed evidence that could potentially exonerate Glossip. And they show that police inexplicably did not question potentially important witnesses or search obvious places for evidence. Now, however, Glossip’s life likely turns upon whether Kavanaugh and Barrett are moved by the procedural arguments pressed by the Court’s right flank, or by the arguments pressed by both Glossip and the state: That four words in Smothermon’s notes reveal a serious constitutional violation. Why Smothermon’s notes matter so much In 2023, prosecutors turned over a box of evidence for the first time to Glossip’s legal team. This box included handwritten notes from Smothermon, which included two significant questions. In the corner of the notes, Smothermon wrote the words “on lithium?” and “Dr. Trumpet?” Both the state and Glossip’s legal team quickly discovered that these somewhat cryptic notes were quite significant. As the state told the justices in its brief, when Sneed was incarcerated in the Oklahoma County jail, that “jail had just one working psychiatrist in 1997 when Sneed was held there: Dr. Larry Trombka.”  Both Glossip and the state agree that the “Dr. Trumpet” referenced by Smothermon must have been a reference to Dr. Trombka, who was “the only possible treating psychiatrist and the only medical professional at the jail qualified to prescribe lithium.” The state had also previously withheld Sneed’s medical records from Glossip’s lawyers, and these records “confirm a diagnosis of bipolar disorder with a treatment of lithium at the county jail.” All of this matters because Sneed was the key witness against Glossip at his trial. He was the only witness who implicated Glossip in the murder, and he did so on the theory that Glossip, who managed a motel where Sneed worked, hired Glossip to kill the motel’s owner. But Dr. Trombka later said that Sneed’s mental illness could have triggered a “manic episode” that would have made him “more paranoid or potentially violent.” Trombka added that Sneed’s condition was “exacerbated by illicit drug use, such as methamphetamine.” So, if Glossip’s defense lawyers had known about Sneed’s medical diagnosis, they could have argued that Sneed committed the murder because he experienced a serious mental health event, and not because he was coaxed into doing so by Glossip. During Glossip’s trial, moreover, Sneed did testify that he was given lithium at the jail, but he suggested that he was prescribed it by accident and that he “never seen no psychiatrist or anything.” Thus, Smothermon’s notes do not simply suggest that Sneed lied on the stand — a fact that would have diminished his credibility with the jury — they also suggest that Smothermon knew Sneed was lying and failed to correct him. The failure to turn over Smothermon’s notes sooner, and Smothermon’s failure to correct Sneed’s testimony potentially violate the Constitution in two ways. In Brady v. Maryland (1963), the Supreme Court held that prosecutors must turn over evidence to the defense that is “favorable to an accused” if that evidence “is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.”  Additionally, in Napue v. Illinois (1959), the Court held that “a conviction obtained through use of false evidence, known to be such by representatives of the State, must fall under the Fourteenth Amendment.” This rule applies even “when the State, although not soliciting false evidence, allows it to go uncorrected when it appears.” So, by failing to correct Sneed’s false testimony that he never saw a psychiatrist, Smothermon potentially violated Napue. In any event, the significance of Smothermon’s notes and her alleged violation of Napue appeared to divide the justices. Roberts was particularly skeptical of their relevance, pointing out early in the argument that the defense counsel knew that Sneed had been prescribed lithium, so why does it matter if defense lawyers had also known that this drug, which is used primarily to treat mental health disorders, was also prescribed by a psychiatrist? Significantly, however, Kavanaugh appeared to break with Roberts on this question. “I’m having some trouble,” he told Christopher Michel, a Court-appointed lawyer tasked with defending Glossip’s conviction because the state would not, with the idea that the jury would be unmoved if they learned that Sneed lied on the stand “when the whole case depended on his credibility.”  Kavanaugh also said that Sneed’s mental health diagnosis creates “all sorts of avenues for questioning his credibility.” So Kavanaugh, at least, appears open to the argument that Smothermon violated Napue or Brady. But it is still unclear whether five justices agree with this argument. And it is also unclear how they will approach a procedural issue that could doom Glossip’s case. The procedural problem in the Glossip case Oklahoma law, like most states and the federal government, places strict limits on anyone’s ability to challenge their conviction once that conviction is finalized and all of the defendant’s appeals are exhausted. Among other things, Oklahoma forbids someone like Glossip from making more than one post-conviction attack on that conviction unless the issues raised in a later proceeding could not have been raised earlier. These barriers, moreover, are augmented by an Oklahoma state law that required Glossip to present any new evidence he discovered within 60 days of discovering it. So Glossip’s lawyers could not take their time, gather all the evidence they needed to make the best case for their client, and then present it to the courts all at once. They had to present this evidence piecemeal or lose the ability to raise it. As a result, the case currently before the Supreme Court is Glossip’s fifth legal proceeding challenging his conviction after it was finalized. Before this fifth proceeding reached the justices, moreover, Oklahoma’s highest criminal court rejected his Brady and Napue arguments, in part because, the court claimed, Oklahoma’s laws limiting his ability to repeatedly challenge his conviction prevented him from raising those arguments. If the Oklahoma court is right about this point, that precludes the Supreme Court from hearing the case, because the US Supreme Court typically cannot overrule a state’s highest court on a question of state law. Indeed, most of Wednesday’s argument focused on this threshold question — does Oklahoma’s own law prevent Glossip from even raising his Napue and Brady arguments?  The fact that Oklahoma’s attorney general is on Glossip’s side in this case plays an enormous role in the debate over this threshold question. Were Glossip alone in seeking relief, he would probably be doomed. But several justices argued that Drummond has an absolute right to waive the procedural rules that would otherwise prevent Glossip from raising his Brady and Napue claims. Notably, one of the justices who seemed to agree that Drummond has waived those procedural rules is Barrett, who noted at one point that it is very unusual for a court not to accept such a waiver. Similarly, Justice Sonia Sotomayor argued that there are “100 years of history” where no Oklahoma court refused to honor a similar waiver, suggesting that the state court that heard Glossip’s case made up a one-time-only rule to prevent him from challenging his conviction. Yet, while at least four justices seemed convinced that the state court should have honored Drummond’s decision to waive the procedural bars to Glossip’s case, it is unclear whether there are five. Kavanaugh, the most likely fifth vote for Glossip, played his cards especially close to his chest, often framing his questions about whether Smothermon violated Napue or Brady with caveats like “if you get past all the procedural bars.”  So the bottom line is that Glossip could prevail, but he’s got a tough road. Assuming that all three of the Democratic justices are on his side, he needs to win over Barrett — who seemed to be with him on the procedural question but who was largely quiet on the merits of his case — while also winning over Kavanaugh, who seemed to be with Glossip on the merits but silent on the procedural question.
vox.com