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Trump nominee to replace Ruth Bader Ginsburg on Supreme Court will get Senate vote, McConnell says

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Senate Majority Leader Mitch McConnell (R-KY) walks to his office on Capitol Hill in Washington, September 10, 2020.

Joshua Roberts | Reuters

Senate Majority Leader Mitch McConnell said on Friday that he will hold a vote on President Donald Trump’s nominee to fill the vacancy left by the passing of Justice Ruth Bader Ginsburg on the Supreme Court

In a statement issued just over an hour after the Supreme Court said that Ginsburg had passed, McConnell said the nominee, who has not been named, “will receive a vote on the floor.” 

McConnell’s pledge puts in motion what is likely to be a historic battle over the court in the heat of an already intense election year. The Supreme Court had a 5-4 majority of Republican appointed justices. A 6-3 majority could have a dramatic impact on the shape of the law on business and social issues for a generation to come. 

Trump, battling against former Vice President Joe Biden ahead of November’s presidential election, is expected to move quickly to name a conservative replacement. The president didn’t comment much Friday night beyond telling reporters that Ginsburg “led an amazing life. She was an amazing woman.”

Biden, for his part, said that the focus in the coming days should be on Ginsburg’s legacy, but added that “the voters should pick a president.”

“This was the position of Republican Senate took in 2016. When they were almost 10 months to go before the election. That’s the position the United States Senate must take today, and election is only 46 days off,” Biden said. 

Read more: ‘Thank you, RBG’: Leaders react with sadness, shock to Ruth Bader Ginsburg’s death

McConnell’s statement marks a contrast to his position last election cycle, in which he refused to hold hearings for former President Barack Obama’s nominee, but is consistent with statements he has made since Trump was elected.

It came despite reports that Ginsburg told her family before she died that it was her “fervent wish” that she not be replaced until a new election is held. 

The timing of Ginsburg’s death ensured that mourning in Washington would be combined with political calculations. The justice, who sat on the bench for 27 years and was the second woman confirmed to the top court, passed after suffering from pancreatic cancer just 46 days before Election Day. 

Even before Ginsburg’s passing, Trump was seeking to win over conservatives with the promise of new justices who would be sympathetic on issues like gun rights and abortion. Earlier in September, Trump added 20 new names to his Supreme Court shortlist, including three GOP senators

If Trump nominates a replacement for Ginsburg by Tuesday, and that nominee is confirmed before Election Day, it will mark the quickest period between nomination and confirmation since Ginsburg herself was appointed by former President Bill Clinton in 1993. On average, it takes about 70 days from the date of nomination to the confirmation vote, according to the Congressional Research Service. 

McConnell defends against charges of hypocrisy

During the last election cycle, McConnell earned the ire of the left by refusing to hold hearings for former President Barack Obama’s nominee, Merrick Garland.

Obama nominated Garland after the passing of Justice Antonin Scalia, who died in Feb. 2016. Hours later, McConnell put out a statement saying that Scalia’s spot should not be filled until after the election took place. 

The majority leader’s stance has brought charges of hypocrisy, but he has defended it on the grounds that the Senate and the White House are controlled by the same party in 2020, unlike 2016. 

McConnell repeated that defense in his Friday statement.

“Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year,” he said.

“Americans reelected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary,” McConnell wrote. “Once again, we will keep our promise,” he added.

The nomination will not be solely up to McConnell. The Republicans hold a 53-seat majority in the Senate, meaning the party can only tolerate three defections from its ranks, assuming every Democrat votes against a potential new nominee.

While Trump’s first nominee, Justice Neil Gorsuch, easily gained enough GOP support, Justice Brett Kavanaugh faced a tougher time, following sexual misconduct allegations which he denied.

One GOP senator who voted against Kavanaugh’s nomination, Sen. Lisa Murkowski of Alaska, has previously said that she opposed filling a hypothetical Ginsburg vacancy. Sen. Chuck Grassley, R-Iowa, who voted for both of Trump’s nominees, has also in the past expressed opposition to filling a 2020 vacancy. 

Grassley did not respond immediately to requests for comment on Friday evening, while Collins and Murkowski put out statements praising Ginsburg’s life but not indicating whether they would support a vote on a nominee ahead of November. Another moderate, Sen. Mitt Romney of Utah, who was not in office when Kavanaugh was confirmed, did the same. 

Collins voted to confirm Kavanaugh, but has said that she would not vote to confirm a justice in October, because of its proximity to the election. 

One element that could shape the debate is Ginsburg’s own reported dying wish that she not be replaced before Inauguration Day. According to NPR, in the days before she died, Ginsburg uttered a statement to her granddaughter, Clara Spera.

“My most fervent wish is that I will not be replaced until a new president is installed,” Ginsburg said. 

Read McConnell’s full statement:

WASHINGTON, D.C. – U.S. Senate Majority Leader Mitch McConnell made the following statement on the passing of U.S. Supreme Court Justice Ruth Bader Ginsburg:

The Senate and the nation mourn the sudden passing of Justice Ruth Bader Ginsburg and the conclusion of her extraordinary American life.

Justice Ginsburg overcame one personal challenge and professional barrier after another. She climbed from a modest Brooklyn upbringing to a seat on our nation’s highest court and into the pages of American history. Justice Ginsburg was thoroughly dedicated to the legal profession and to her 27 years of service on the Supreme Court. Her intelligence and determination earned her respect and admiration throughout the legal world, and indeed throughout the entire nation, which now grieves alongside her family, friends, and colleagues.

***

In the last midterm election before Justice Scalia’s death in 2016, Americans elected a Republican Senate majority because we pledged to check and balance the last days of a lame-duck president’s second term. We kept our promise. Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year.

By contrast, Americans reelected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary. Once again, we will keep our promise.

President Trump’s nominee will receive a vote on the floor of the United States Senate.

Source: https://www.cnbc.com/2020/09/18/trump-nominee-to-replace-ruth-bader-ginsburg-on-supreme-court-will-get-senate-vote-mcconnell-says.html

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eBay makes a dedicated portal for officially refurbished gear

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eBay launches a Certified Refurbished site for used goods
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eBay is taking on Amazon Warehouse with a new destination called Certified Refurbished, selling used goods from brands like Lenovo, Microsoft and Makita. The idea is that you can buy second-hand products at significant discounts over new, but still get a two-year warranty (from Allstate), a money-back guarantee and 30-day “hassle-free” returns, along with new accessories, manuals and manufacturer-sealed packaging.

eBay’s Certified Refurbished has five priority categories: laptops, portable audio,power tools, small kitchen appliances and vacuums. It offers several brand exclusives, including De’Longhi, Dirt Devil, Hoover, Makita and Philips, along with inventory exclusives from Dewalt, iRobot and Skullcandy. It’s also selling products from participating brands including Dell, Acer, Bissel, Black & Decker, Cuisinart, KitchenAid, Lenovo, Microsoft, Miele and Sennheiser.

To make the cut, manufacturers must offer items in “pristine, like-new condition that has been professionally inspected, cleaned, and refurbished by the manufacturer, or a manufacturer-approved vendor,” according to eBay. It also must be in new packaging with original or new accessories.

For an example of the savings, the site is offering Dell’s best-equipped 2020 XPS 15 9500 for $1,950, or $650 off the current price at Dell. Samsung’s Powerbot R7040 robot vacum is $199 rather than $399, and if you’re looking for a drill, Dewalt’s 20V combo tool kit used costs $235, while a new version runs $399 on Amazon.

eBay Certified Refurbished doesn’t have as many categories or brands as Amazon Warehouse or Amazon Renewed, but it seems to offer free shipping on most items, along with the guarantee and other perks. It’s now available to users in the US, and eBay said that applications are now open to retailers in Australia.

All products recommended by Engadget are selected by our editorial team, independent of our parent company. Some of our stories include affiliate links. If you buy something through one of these links, we may earn an affiliate commission.

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The Morning After: GMC’s Hummer EV, AOC on Twitch and iPhone 12 reviews

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The 5G iPhones are almost here. This time around, Apple is offering four models in its iPhone 12 lineup and while we haven’t tested all of them (the 12 mini and the 12 Pro Max are coming later), we’ve given the other two devices our full scrutiny. And we kind of had to — the iPhone 12 and 12 Pro are remarkably similar phones in so many ways.

iPhone 12 and iPhone 12 Pro

No, seriously, if you didn’t spot the third camera (the telephoto one that does zoom), you’d struggle to tell them apart by eyesight alone. You can take this two ways: The Pro phones don’t warrant the extra money this time around, or the iPhone 12 is a well-priced phone where you make barely any compromises. Our full review combines both phones for these very reasons. 

If you’re looking for an even cheaper iPhone, wait for that iPhone 12 mini, perhaps. And if you want the very best imaging in an iPhone, wait for the iPhone 12 Pro Max, which has even better cameras than the smaller Pro model. Yes, it’s easy to get confused. Oh and the iPhone 11 is still on sale, too!

— Mat

GMC’s 1000HP Hummer EV is an ‘all-electric supertruck’

After a series of teasers dating back to the Super Bowl, GMC finally revealed the new Hummer. 

The GMC HUMMER EV is driven by next-generation EV propulsion technology that enables unprecedented off-road capability, extraordinary on-road performance and an immersive driving experience.

The four-door crew cab boasts AWD, 1,000 HP and 11,500 ft/lb of torque generated by three motors run from the vehicle’s Ultium battery pack. That’s enough oomph to reportedly propel it from standing to 60MPH in just three seconds, the same timing as the Rivian R1, and an announced range of 350 miles.

Ultium batteries come in sizes as large as 200kWh — double what you’d find in a Model S and 80kWh bigger than what the massive Bollinger B1 uses — however, GMC has not confirmed what the Hummer EV is sporting. Using the higher throughput recharge options and the fact that the Hummer EV utilizes an 800V power architecture, GMC estimates the Hummer EV will fill 100 miles worth of power in just ten minutes using DC at 350kWh.

The Hummer will also have something called Crab Mode, where the front and rear wheels rotate at the same tilt angle, so the vehicle moves diagonally — you know, like a crab. According to GMC, the Hummer EV will be able to scale “18-inch verticals and [drive] through water that is more than two feet deep,” and its open-air Infinity Roof consists of removable, transparent “sky panels.”

The 2021 Hummer EV Edition 1 is slated for release in fall 2021. It will have a starting MSRP of $112,595. The model year 2022 Hummer EV is expected to retail for $99,995, the 2023 should start at $89,995 and the 2024 model (which will not include a third motor) will start at $79,995.
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AOC’s ‘Among Us’ Twitch stream peaked at over 435,000 viewers

The stream encouraged viewers to make a plan to vote on or before Election Day.

AOC's 'Among Us' Twitch stream

Last year, Donald Trump joined Twitch — before enduring a two-week ban over hateful content — and now US Representative Alexandria Ocasio-Cortez has joined the service. Her first broadcast featured games of Among Us played with fellow Rep. Ilhan Omar and a few popular streamers. 

That proved to be a good strategy, as Twitch reports the concurrent viewer count peaked at 435,000. That’s the third highest count we’ve heard of, behind the Ninja/Drake stream in 2018 that topped 600k and Shroud’s return stream that crossed 500k.
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NASA’s OSIRIS-REx successfully collected bits of an orbiting asteroid

After over a decade of planning, the $800 million mission achieved a major milestone.

OSIRIS-REx

NASA made history on Tuesday afternoon as its OSIRIS-REx spacecraft successfully “tagged” the asteroid 101955 Bennu, and in doing so collected a small sample of regolith from the passing celestial body’s surface. This marks the first time a NASA mission has managed to intercept, interact with and collect samples from an asteroid.

Collecting those samples involved a never-before-tried technique dubbed the touch-and-go (TAG). Before beginning its approach, the OSIRIS unfolded and deployed its Touch-And-Go Sample Acquisition Mechanism (TAGSAM) while pulling its solar panels back into a Y-shape so that if the TAGSAM arm did accidentally overshoot and crunch into Bennu, the rest of the spacecraft would still have the necessary power to function. 

To ensure it has a sufficiently large sample, OSIRIS will first take a picture of the collector head to confirm the presence of regolith, and then on Saturday, will extend its TAGSAM arm and spin on its axis like a centrifuge to measure the mass of rock and dust in the collection bin. If all goes well, the collection capsule will return to Earth at the Utah Test and Training Range in 2023.
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The Department of Justice sues Google over antitrust concerns

This is arguably the biggest antitrust move since the government sued Microsoft in 1998.

On Tuesday, the US government’s Department of Justice filed an antitrust lawsuit against Google. The company, which is a part of Alphabet, is accused of having an unfair monopoly over search and search-related advertising. In addition, the department disagrees with the terms around Android, the most widely used mobile operating system, that forces phone manufacturers to pre-load Google applications and set Google as the default search engine. 

Rebutting the charges, Google’s chief legal officer Kent Walker wrote that “People use Google because they choose to, not because they’re forced to or because they can’t find alternatives.”
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Sony plans to optimize the PS5’s fan speed using game data

What a cool idea. Who’s a fan?

PS5 teardown

Sony will be monitoring the system and collecting data on individual games, so if a game really taxes the PS5, the fans could kick in at higher (and noisier) speeds to keep things running smoothly. These currently theoretical fan optimizations would presumably be delivered via software updates. PlayStation owners are used to firmware patches that change or add new features to their system. But an update that changes the physical performance of the hardware? That’s unusual.
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But wait, there’s more…

Windows 10’s October 2020 update is rolling out with a refreshed Start menu

Quibi chairman reportedly looked into selling its content library

Impossible Foods is working on plant-based milk that tastes like the real thing

DJI’s Pocket 2 handheld promises higher quality and mods

Photoshop’s new AI features include neural filters and sky replacement

‘Fortnite’ will host a Halloween ‘cross reality’ concert with singer J Balvin

Adobe’s tool to identify edited images comes to Photoshop

Cyberpunk 2077’s dialogue was lip-synced by AI

Novation and Aphex Twin’s limited-edition Bass Station II embraces the weird

In this article: themorningafter, newsletter, gear
All products recommended by Engadget are selected by our editorial team, independent of our parent company. Some of our stories include affiliate links. If you buy something through one of these links, we may earn an affiliate commission.

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Vivo phones are coming to Europe

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Vivo has expanded its reach and announced its entry into the UK, France, Germany, Italy, Poland and Spain. The Chinese tech manufacturer has also presented its first European line-up at an online media briefing broadcast from Dusseldorf, Germany, revealing that it’s hoping to win new fans in the region with the Vivo X51 5G. As Trusted Reviews notes, the flagship phone’s specs are almost identical to the X50 Pro with its micro gimbal camera that can keep videos stable. The main difference between the two is that the X51 5G has software modified for the European market.

Aside from the new flagship, Vivo is making its European debut with a series of mid—range smartphones: the Y70, Y20s and Y11s. It’s also releasing two Google Assistant-capable wireless earphone models in the region. First is the True Wireless Stereo Earphone Neo, which features AI noise canceling, while the other is Vivo’s Wireless Sport Earphone. The latter was designed for outdoor activities and hence boasts strong battery performance.

In its announcement, Vivo says its European launch followed extensive preparations, including research and interviews with 9,000 people across the continent. Vivo has a pretty decent share of the global smartphone market and is the sixth leading manufacturer in the world, according to Counterpoint Research. Like other Chinese OEMs venturing into Europe, though, it may see the continent as a market that promises even more growth, in part due to an opening left by Huawei after it was placed in the US entity list. The move prevents the manufacturer from offering Google’s services on its devices and from working with other US companies. Huawei used to be pretty popular in Europe until 2019, when it saw its sales drop in the region. The company was only able to prevent its numbers from slipping too much this year by re-releasing older devices, which can still use Google’s services, in the continent.

All products recommended by Engadget are selected by our editorial team, independent of our parent company. Some of our stories include affiliate links. If you buy something through one of these links, we may earn an affiliate commission.

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