tv KPIX 5 News at 5pm CBS January 26, 2022 5:00pm-5:30pm PST
president biden names a nominee to replace justice breyer on the supreme court. we just learned this evening that the president plans to formally do so in terms of announcing breyer's retirement, tomorrow. justice stephen breyer, the oldest member of the supreme court will retire at the end of the court's current term. at 83 years old, the liberal justice had been under pressure to step down present biden his first opportunity to pick a successor. the president says the timing was left to breyer to decide. >> every justice has the right and opportunity to decide what he or she is going to do and announce it on their own. there have been no announcements for justice breyer, let him make whatever statement he's going to make and i will be happy to talk about it later. >> reporter: appointed by president bill clinton, in 1994, breyer is the second longest-serving of the current justices, the and clarence thomas, who joined in 1991. the courts current term runs
until the end of june. president biden is expected to name his pick for justice breyer's replacement in the next few weeks. during his campaign, he plans to nominate a black woman. >> the president has stated and reiterated his commitment to nominate a black woman to the supreme court, and certainly, stands by that. >> reporter: as a liberal justice, breyer's rulings supported abortion rights, healthcare access, and lgbt causes. in the courts current 6-3 conservative majority he has often found himself in dissent, the timing allows the president to fill the vacancy while democrats hold a slim majority in the senate, a margin which could slip away after the midterm elections. >> senator dianne feinstein released remarks about justice breyer earlier today, saying that he will long be remembered for his key opinions and that he was an outstanding and well- respected justice and has been pivotal on many key votes. we should also mention that
there are a lot of questions about who the president will decide to nominate to fill justice breyer's seat, and will he live up to that campaign pledge of it being a black woman. here in washington, i'm skyler henry, kpix 5. i'm allen martin. justice stephen breyer has strong ties to the bay area but he was born in san francisco in 1938. his father, a lawyer who worked with the city's board of education. breyer attended lowell high school, and studied philosophy at stanford university. his younger brother, charles, is a senior judge at the u.s. district court in san francisco. >> that is my option. i want to go through area after area and flag the kinds of truly difficult questions, and what are my motives? >> that is justice breyer giving the keynote address at an event at uc berkeley back in 2017. one of the leading candidates to replace him also has a california connection. justice kruger has served on
the california supreme court since 2014. she also served as a law clerk on the supreme court for justice john paul stevens. another front-runner is judge brown jackson, 51-year- old successfully went through the nomination process last year, and president biden elevated her to the u.s. court of appeals for the dc circuit. she was also a supreme court clerk for justice breyer in 1999 and 2000. i spoke with donna crane, little science adjunct professor at san jose state about what the selection of a relatively younger female justice could mean for the court. >> what we are talking about is shaping the court for the next generation, that is one important difference. the second important difference is that somebody with different life experience and different skills can persuade other justices on decisions. so, we might actually see some decisions change because the conversations that happen in conference among the justices changes. >> looking live at capitol hill, the president and senate
democrats are expected to move quickly to fill breyer's seat. crane says it is a chance for each party to energize their base. >> this actually drops a big hand grenade into the politics of the midterms. you know, the shrapnel could go in a bunch of different directions. i do think it will turbocharge energy on both the republican and democratic side of activists who understand what is at stake with a supreme court retirement. >> donna crane also says this vote will ratchet up pressures on senators joe manchin and christin cinema to come back into the fold after being two independent for the democrats liking, referring of course to the senators votes last week overturning the filibuster and shutting down president biden's voting rights legislation. then just before christmas, mansion backed out of negotiations over biden's big spending plan, stalling that indefinitely. >> thank you, allen. alive at san jose, hours after the city past the nation's first mandatory gun insurance law, it was slapped with a lawsuit that calls the
requirement unlawful and unconstitutional. reporter kiet do breaks down that legal challenge. >> reporter: a team of lawyer from the pro-gun rights groups were watching the debate and city council voted last night. the first thing this morning, they filed a 23 page lawsuit. the message to the city? we will see you in court. >> we did it immediately, because we want to make it very clear that there are ramifications to passing america's most insane gun control. >> reporter: deadly brown, with the national association for gun rights is spearheading the lawsuit which claims the city has no right to charge a $25 fee because it is a tax on the second amendment right. >> supreme court ruled that the power to tax is the power to destroy a given activity, and that is why the courts are highly skeptical of taxes on constitutional rights. >> reporter: greg woods is a
professor of criminology at san jose state. >> the tax will definitely demand criticism. ultimately, the court will probably conclude that the city of san jose is within its power in this particular measure. >> that is $25 fee will be collected by a nonprofit to be distributed to other nonprofits, to do work with suicide prevention, domestic violence, and firearms training. >> this ordinance says the city of san jose is not going to be controlling how the money is spent. that, itself, is unconstitutional under city and state law. >> reporter: professor woods says the city could address that issue by providing more oversight. >> it would not be enough to overturn the new law. it is an invitation to solve the problem. >> reporter: margaret russell is a law professor at santa clara university. >> this is not being discussed as an attempt to get people to stop using guns. right? that would be a restraint. >> reporter: russell says the ordinance is imperfect and needs tweaking, but it will likely survive. >> i think those are favorable
to the law. i think that some substantial way, this law will probably stand up. >> reporter: merl accardo, joined by pro bono lawyers said the law has been studied and refined for two years. >> the ordinance is lawful, legitimate, and will withstand legal scrutiny. >> i am confident that we will emerge from this litigation. with an ordinance that survives constitutional scrutiny. >> reporter: in san jose, kiet do, kpix 5. a strange case early this morning in san jose. police investigating a triple stabbing, where a suspect was later hit and killed by a truck. san jose police say the stabbing happened on home at tehama abbott avenue. three victims were taken to a hospital. as police were in to getting that stabbing, they were called to a pedestrian struck and killed on highway 85. police were quickly able to link cases. a deputy with the santa clarita santa clara county sheriff department found the
suspect vehicle. the vehicle was found abandoned shortly after that, after 5:00 a.m., we get a call from the chp about pedestrian fatality they had. the quickly connected the dots. >> the suspect's name has not been released. as for the stabbing victims, all are expected to survive. new numbers just-released, california's test positivity saw another decline. it is now at 18.7%. it was at 23% just a few weeks ago, but there are 87,000 new cases, about 1% increase. on a national level both good and bad news. cdc data shows disease severity for omicron is lower than with prior variance. however, at this point in the surge, deaths are increasing. the weekly average for covid-19 deaths is nearing 2200 per day, making it the highest since last february. >> more mild does not mean mild.
we cannot look past the strain on our health systems and substantial numbers of deaths. >> the federal government is set to mail out free covid-19 test, and n95 masks available at pharmacies across the country. the u.s. is delivering its formal response to russia but offered no concessions on russians demand regarding ukraine. meanwhile, new signs of a russian military buildup, ships on the move and fighters being deployed closer to ukraine's border. secretary of state projecting russia's demand that ukraine is not be allowed to join nato. core principles that we are committed to uphold and defend, including ukraine sovereignty and territorial integrity, and the right of states to choose their own security arrangements and alliances. >> also, today, preparing for peace in kiev, people responding to pope francis's call to a day of prayer to avert a military conflict. stocks sliding after the federal reserve signaled it plans to start raising interest rates soon. the dow dropped 129 points. the
nasdaq gained about 3, and the s&p was down 6.5. the federal reserve wrapped up its two-day policy meeting with word that it plans to raise interest rates for the first time in three years, likely starting in march. >> i think there is quite a bit of room to raise interest rates without threatening the labor market. this comes as the fed focuses on fighting the highest spike in inflation in decades. amidst concerns about the ongoing covid-19 pandemic and supply-chain backups. >> it is a bit of a good news and not so good news story. the good news is that a number of things are happening in the economy. higher wages, that wage growth is helping to drive consumption. raising interest rates means everything from mortgage rates to credit card rates, two auto loan rates will all go up. president biden met with private-sector ceos at the white house today to discuss how his policy proposals could help grow the economy and bring down
inflation. still had on kpix 5 and streaming on cbs news bay area, rooting for red and gold in rams territory. but they aren't from the day. meet the 49ers l.a. fan base. outside the 49ers house, the team got after it today..believe me? i have the pictures to prove it. crunching the numbers on crime in sentences go, the troubling trends and the mayor's call for help. the sun going down on the bay area, going down on the haze that has been clinging to the horizon. air quality wasn't great today and it will not get much better. we will take a look at the forecast into the weekend.
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eager to admit. >> reporter: we used to think that all of the 49ers fans that we would see at rams home games are either transplants or people who drove down from here, to the game. while that is still true at the same time, the number of homegrown l.a. area 49ers fans is exploding. >> reporter: red and gold in the heart of l.a. . we connected with members of the san francisco saloon squad, the los angeles-based 49ers booster club as they prepared to root against the rams. >> a 49ers fans like you i am. what's up? mac mini fans were born and raised in california. how can they support a northern california team? the president of the saloon squad boosters says two reasons. >> the winning tradition of the 49ers have, due to the simple
fact that l.a. did not have a team for a couple of decades. >> reporter: the rams were born in cleveland, and moved to l.a. in the 1940s. then they moved away to st. louis and did not move back until 2016. the move apparently cost them support. >> fans just wanted to support a team and it is easy to support a team, aside from that, i think a lot of us, fans, myself and a lot of fans that i know, parents were 49ers fans. >> reporter: like bay area niners fans, socal fans also travel to 49ers away games, hoping to take over opponents stadiums. the support of the niners does not carry over to the giants. >> draw the line. season tickets. i don't like the giants at all. >> reporter: but you love the 49ers? >> oh my god. 49ers. arouthe >> dodger blue comes out in the springtime. these fans right now, it's the red and the gold. in san jose, len ramirez, kpix 5. we continue our team coverage, with vern at levi stadium. >> the niners first practice
this week, how are we looking, vern? >> reporter: ryan, you have been through this a time or two with your career nfc championship week and at practice today, always a bounce in their step and why not. it is game plan installation day. eric armstead and the rest of that 49er defense, wow, they were all had their ears pinned back ready for this one. rams quarterback matthew stafford, jimmy garoppolo's shoulder is feeling good. still dealing with that some injury. 49ers have waited too long years to get back to this stage. on the brink of returning to the super bowl after losing to the chiefs, and then missing the playoffs last season. >> the thing i remember the most from watching the game is george kittle saying we will be back with a vengeance. >> i will be back here, and i will be back with a vengeance. >> that is something that has stuck in my mind since we lost
to kansas city and made a run in the super bowl. you know, we started 8-0, not many things went about that super bowl year. to the end of the super bowl. everyone came back so fired up. it's a fun year again and, that quickly turned out to not be. the team was out of practice at 1:45 to get today. they will go at it again tomorrow. it will be a lot of great, run it again. great run it again. over and over as they try to get the game plan going, to take care of the rams yet again. that will do it for santa clara, back to you in studio. >> feel the energy come all right. we will see you soon and we want to see your 49er fan photos and videos you can share them just by using the #kpix on facebook, twitter, and instagram . there is a big change to tell you about in the kpix 5
weather department. >> meteorologist paul heggen is here with the details. >> starting today, kpix 5 is launching first alert weather. it is our new approach which puts even more focus on when and how changes in the bay area's weather will infect you. >> climate change inaction. look at this. this is wild. >> reporter: we have already seen, this winter, how severe weather can impact the bay area. the weather condition is putting lives and property at risk. it is one of the reasons why kpix 5 is introducing first alert weather. it is our renewed commitment to serve our viewers, a promise to be first, to change in weather so you can plan your life. we will ask you to be transparent about how the transparent -- forecast is evolving. and when conditions take a turn, our team will declare first alert weather days when bay area weather will be severely disrupted. on first alert weather days, we will help you plan, prepare, and stay safe. it is not just winter storms,
look for first alert weather days, extreme cold, dangerous heat, poor air quality, plus, something we have come to know all too well, fire weather and wildfire smoke. keeping you informed across all kpix 5 platforms. it's our promise to clearly communicate weather changes before the impact the bay area. >> paul, it is important to know the first alert is not just about severe weather which hits the bay area. >> right. severe weather is a part of this but the bay area does not get that much in terms of actual dangerous weather, life- threatening weather. it is about keeping you informed. putting the focus on how the forecast evolves over time, with changing weather patterns, what is coming and when and how it will effect you. we will keep you updated on all the changes that happen. let's start right now. one change we can expect by tomorrow morning, we will not
see as much fog developing tonight into early tomorrow morning. the fog out there should dissipate quickly. what else do you need to know? mild as we head through the rest of the work weekend into the first half of the weekend before a brief cooldown is going to visit us early next week. and, and unsettled pattern is going to try to shape up as we head through the second half of the weekend and into early next week. what does unsettled mean? it means there is an outside chance of rain. yesterday i showed you our long- range forecast model side-by- side so we can compare what they are saying that the american model and european forecast model. we will do it again but they have changed places and what they are depicting. they still agree that the best chance of rain, saturday night into temporary will stay well to our north. yesterday, the european forecast was trying to bring in rain by sunday evening, the american forecast was keeping us can legally drive. we wind the clock forward and here is what i mean. they have changed places. now the american model is trying to bring showers into the bay area. that would be fantastic by monday morning. very light but we will take what we can get. now the european forecast
model, completely dry. precipitation north of reading and even if we get that little bit of light shower activity it will move through very quickly. this is not going to be a long- lived event. rain chances are still lower than 50/50. 20 to 30% chance of even a passing shower with a trace of rainfall sunday night into monday. we will keep you updated. we could definitely use the rain because the air quality was not great. current air-quality readings right now in the orange category for a lot of the bay area. these are not the official sensors, these are a bit more sensitive than what the epa uses but there are many more of them and they update more frequently so we get a better picture of what is actually happening. the best air quality is in the green category further down the peninsula in the higher elevations of santa cruz mountains and the yellow category around sent jose. we are a little ahead of schedule, dry weather recently the last three weeks have been dry. in the medium category, across- the-board, wednesday, all the way through the weekend. cedar is the primary offender with oliver and juniper causing
folks to sniffle and sneeze. 60 degrees downtown, also 60 in san jose, and just below 60 in the san jose. temperatures are backing down to mid-40s around the bay with upper 40s along the coast, pretty normal distributional temperatures for the end of january. once that little bit of fog dissipates tomorrow, temperatures will warm up even more than they did today. 4 to 7 degrees above average by tomorrow afternoon into the 60s across the entire bay area. let's zoom in for a closer look. temperatures low 60s along the coast, mid-60s along the south end of the bay. up her 60's in the santa clara valley. low 60s inland and in the east bay, everyone between 61 and 63. low 60s around the bay, just a bit lower on the east side of the bay and then mid-60s for the north side of the bay and
our neighbors further north into mendocino and lake county well into the 60s, even up to 68 degrees in ukiah. temperatures will stay similar and even saturday, the first half of the weekend we will see clouds with a onshore wind dropping temperatures for the second half of the weekend. clouds in the forecast on monday, but no rain in the seven-day forecast because even with that hint of rain from some of the forecast data, not enough to give us confidence we will actually pick up any rainfall in the bay area. air-quality forecast coming about 5:30. prince andrew formally responds to allegations of sexual abuse. what is next in his legal battle? >> i'm john ramos in the east bay. the state was poised to change rooftop solar rules but that is put on pause as the fight continues over how much solar power owners should pay for their energy. we will have that story, coming up. coming up on our streaming service, cbs news bay area, we will talk to 49er fans planning to paint the stadium red and
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today marks two years since the helicopter crash that killed basketball player kobe bryant. on this day in 2020, a helicopter carrying bryant, his daughter, and several other people crashed in heavy fog in calabasas. the crash instantly killed all nine people on board. the group was heading to brian's sports academy and he was sent to coach his daughter during a game. prince andrew demanding a jury trial in a civil sex lawsuit. -- claims that as a minor she
was forced to perform sex acts on andrew. the court denied all of her allegations, even claiming he did not recall ever meeting the victim. this comes two weeks after a federal judge in new york denied the princes motion to dismiss the lawsuit. burglaries down a bit but larcenies are up. we try to make sense out of the sentences go crime statistics released today. election day at an east bay homeless camp. the city has offered to help every single camper turned down. a fan caught on camera yelling racist taunts at a high school basketball player. how the school is using the 68 . i do motivational speaking in addition to the substitute teaching. i honestly feel that that's my calling-- to give back to younger people. i think most adults will start realizing that they don't recall things as quickly as they used to or they don't remember things as vividly as they once did. i've been taking prevagen for about three years now. people say to me periodically, "man, you've got a memory like an elephant." it's really, really helped me tremendously. prevagen. healthier brain. better life.
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you are watching kpix 5 news at 5:30. right now at kpix 5 and streaming on cbs news bay area, local news at 5:30. the heated war over-the-counter cost of going solar. what is next after a key reform proposal was pulled. a contra costa county homeless camp cleared out. the cities offering to help which every camper turned down. first at 5:30, new numbers just out. the troubling crime trends in san francisco. i'm juliette goodrich in for elizabeth. the pandemic shifted crime in sentences go but some trends are changing again. we have been reporting on a spike in car break-ins in the city. those numbers are backup. it is not just this category that went up in 2021. wilson walker has more on crime stats and the mayors call