Conservatives are scrambling to form a plan to oppose Supreme Court nominee Sonia Sotomayor but are worried opposing the first Latina justice would be tantamount to political suicide. Rush Limbaugh called her a “reverse racist” joining the ranks of outraged conservative advocacy groups, but many GOP Senators are staying mute, concerned that Republicans need to appear welcoming in order to gain back Hispanic votes lost over their hard line in the immigration debate. "Republicans are in a very awkward position," said one Hispanic GOP strategist. Opposing Sotomayor "would be one more nail in the Republicans' image coffin in terms of Latino voters," a Republican ad-maker said. While more than 40 percent of Latinos voted for Bush five years ago, less than a third cast their vote for McCain. Republican Senator John Cornyn told reporters Sotomayor offered a "compelling American success story and something that we can all admire and respect about our country."

The California State Supreme Court ruled Tuesday—by a vote of 6-to-1—to uphold Proposition 8, the voter-approved amendment that bans gay marriage in the state. No surprise there. The court also voted to protect the 18,000 gay marriages that were authorized before Prop. 8 passed last year, by a vote of 52 percent. “Gay rights activists say they may ask voters to repeal the marriage ban as early as next year, and opponents have pledged to fight any such effort,” the Los Angeles Times reports. The court’s only Democrat, Justice Carlos R. Moreno, was in the minority.

A criminal investigation into how Roland Burris was appointed to replace Barack Obama in the Senate has uncovered some scandalous material. "I know I could give him a check," Burris said in a secretly recorded call with Governor Rod Blagojevich’s brother before his appointment to Senate. But Burris said he was worried they’d “catch hell” if it looked like he fundraised in exchange for the Senate seat. "And if I do get appointed that means I bought it," Burris said. Later, he commented: “And, and God knows number one, I, I wanna help Rod. Number two, I also wanna, you know, hope I get a consideration to get that appointment.” The Senate Ethics Committee, which is investigating Burris’ appointment by Blagojevich, got the transcript of the recorded call from a federal judge. Burris’ lawyer said since Burris never did send a check to Blago, he is innocent of wrong-doing.

Jeffrey Rosen’s New Republic article, "The Case Against Sotomayor," has provided a full clip of ammunition for Republicans eager to challenge Obama's nominee for the Supreme Court. The article, published three weeks ago, raised questions about Sotomayor's temperament and intelligence—two lines of attack already repeated ad nauseam. Today, Rosen is backtracking, saying the headline of his article might have been too strongly worded. Rosen says was merely raising questions that Obama should consider, given that the ability to build a coalition on the Supreme Court is one of the fundamental aspects of winning a decision. Nevertheless, critics have called into question Rosen's use of anonymous sources who panned Sotomayor, and also the journalist's rush to judge without being fully informed. Rosen stands firm on both issues and said today her experience may given her the humility needed to participate in dialogue with the court.

Beware the Bernies: Bernard Kerik, New York City’s former police commissioner, has been indicted by a federal grand jury for concealing corruption during a 2004 vetting process to become Secretary of the Department of Homeland Security. According to the indictment, Kerik helped secure permits for a group of contractors to work for the city. Soon after, the contractors spent $255,000 renovating Kerik’s apartment in Riverdale—a fact he neglected to mention and later denied while being vetted by the White House in 2004. If convicted, Kerik could be sent to jail for five years.

Start rioting, Adam Lambert fans! American Idol’s biggest corporate sponsor, AT&T, supplied phones with free text-messaging services at two Kris Allen fan parties in Arkansas. Allen won last week’s show in an upset victory over glam rocker Adam Lambert. AT&T didn’t provide free texts at any Lambert fan parties. “In Arkansas, we were invited to attend the local watch parties organized by the community. A few local employees brought a small number of demo phones with them and provided texting tutorials to those who were interested,” an AT&T spokesman said. Allen fans were also instructed to send “power texts” of 10 or more text messages as votes, which is against Idol rules.

Mike Tyson’s four-year-old daughter died one day after a horrible accident in her home left her strangled. Police say Exodus Tyson was pronounced dead just before noon on Tuesday. Her older brother found her Monday with her “neck on…a cable” attached under the console of a treadmill, where she was playing, said police. The famous boxer’s daughter was on life support after being rushed to the hospital. Tyson, former world heavyweight champion, rushed home from Las Vegas to Phoenix on Monday after he heard the news.

President Obama may have teased us with other possibilities, but it seems like Sonia Sotomayor was his choice for the Supreme Court all along. According to Marc Ambinder, Obama held a meeting in November shortly after the election to discuss Court nominees. Sotomayor topped the list at that meeting. Obama was willing to let his advisors talk him out of it, but apparently they loved her. “The pick, they believed, would tell a story about justice in the 21st century. Her hard-scrabble upbringing, combined with her tough-as-nails realism, combined with her respect for the rule of law, combined with her academic achievements, combined with her—yes—identity as an Hispanic female—provides a walking, talking counterpoint to the clubby formalism of the modern Supreme Court. … To liberals, the pick sells itself—a progressive superstar with fantastic academic credentials. Obama is addressing conservatives only because he wants to get his judge confirmed by a wide margin. To the rest of the country, the Sotomayor pick will embody Obama's judicial philosophy -- going beyond theory to, as the talking points say, ‘ensure consistent, fair, common-sense application of the law to real-world facts.’”

It is the flu that cannot be contained: Two more people, a 34-year-old man and a 41-year-old woman, have died from complications from swine flu in New York City. Almost 20 city schools are still closed after the flu-related death of an assistant principal in Queens. Meanwhile, there are four confirmed cases of the flu on a cruise ship that is now docked in Sydney. Its 2,000 passengers have been advised to quarantine themselves for a week. While swine flu appears to be tapering off in many areas, it has resurged in New Jersey, New York, and New England. About 46 countries have reported 13,000 cases of swine flu and 92 deaths, with most in Mexico. More than half of the confirmed cases have been in the U.S. where at least 10 people have died. Most flu pandemics infect one-third of the global population before fading away.

The early stages of the trial of Christian Karl Gerhartsreiter—better known as Clark Rockefeller—introduced new details about the mysterious man’s life, including a marriage lasting only one day. Gerhartsreiter, who claimed to be an heir to John D. Rockefeller since 1993 and allegedly kidnapped his own daughter Reigh last year, left jail today after 10 months for the jury selection in his abduction trial. Prosecutors revealed that Gerhartsreiter, a German immigrant, married Amy Jersild Duhnke in 1981 to get his green card and then left her a day later. It was also disclosed that Gerhartsreiter’s second wife—Reigh’s mother—knew nothing of her husband’s real identity, even asking the police, “Who is he? Did you find out who Clark really is?” Gerhartsreiter’s lawyer, who asked that his client be referred to as Clark Rockefeller in court, hopes to prove that his client is insane.

Turns out we're getting more confident, however slowly. The Consumer Confidence Index reported a surge from 40.8 in April to 54.9 in May—the fourth largest surge in 32 years, and one that shattered economists' expectations. Consumers are also feeling better about business conditions, and the economy as a whole. And despite an earlier report on low housing prices, the widely-distributed consumer confidence numbers caused stocks to surge on Tuesday, with the Dow up nearly 200 points by its close on Tuesday, its largest gain since May 18. The S&P broke its four-day losses and rose 23 points. Consumer stocks lead today, with JPMorgan Chase and American Express marking the largest gains.

For a while, the legalization of drugs was en vogue as the cure for state budget woes. The new cure-all? Gay marriage. An analysis by the New York City comptroller has found that the state economy stands to gain as much as $210 million in the next three years if same-sex marriage is legalized. The study took into account all the expenses typical of a marriage, including wedding parties and hotel rooms. Of course, there is a flip side, as the cost of benefits (such as heath insurance) extended to all the new married couples would cost businesses about $69 million. Currently, the fate of gay marriage in New York state is in question, as it appears that a bill making its way through the state legislature does not have enough support in the Senate.

Further incentive to finally join the late majority of social networkers: the North Korean government, led by none other than self-described celebrity-loving dictator Kim Jong-il, has its very own Twitter account. The Democratic People’s Republic of Korea uses its account, nicknamed kcna_dprk, as a news feed for the Korean Central News Agency. But the North Korean dictator and his government don’t tweet on controversial issues such as Monday’s nuclear testing; rather, most posts are dedicated to diplomatic statements and appearances made by Kim. Ironically, only well-connected North Korean politicos even have access to the account, as Twitter and the rest of the Internet are off-limits to most Koreans. The good news? Follow Kim and he’ll follow you, too.

Here’s hoping he doesn’t get typecast: It was announced today that Al Pacino will take on the role of Dr. Jack Kevorkian in a new film produced for HBO. Variety reports the biopic will take place in the early 1990s when the assisted suicide advocate’s “Mercy Machine”—a gas mask fed with carbon monoxide—was responsible for his first assisted suicide. Barry Levinson, the veteran producer and director behind Rain Man, The Natural, and Wag the Dog, is helming the telepic. It’s unclear if the film will portray the 81-year-old doctor during his current years.

The mother and cancer-stricken son who went on the lam last week in order to avoid chemotherapy have returned to their home in Minnesota and will now see a judge to hear their fates. Colleen Hauser, who believes in American Indian medicine and has actively avoided exposing her son to chemotherapy, will continue to seek treatment for her son that isn’t “toxic.” But this time, it seems that the court will drop charges for her evasion of the law and order her once again to keep her son in chemotherapy–and it’s likely she’ll play by the rules. “They always expected to return,” said the lawyer who helped bring them home. “She’s horrified people perceive her as hiding out. That isn’t what she intended.”

Mel Gibson confirmed that his girlfriend Oksana Grigorieva is pregnant in a colorful appearance on NBC's Tonight Show with Jay Leno. Leno jokingly asked if that would be the 29th kid for the actor. "Well, actually eight. I guess I'm Octo-Mel," Gibson responded. The actor also talked about his divorce with ex-wife Robyn: "Look. When it's all said and done, I did a pretty good hatchet job on my marriage myself. I'm to blame. If you're inclined to judge, put it here," he said. Gibson is one of the special guests lined up for Leno's last week with the show before Conan O'Brien takes over June 1.

When fallen soldiers arrive at Dover Air Base, they undergo CT scans and autopsies, which reveal new details about how they died. Since 2004, the Armed Forces Medical Examiner System has created an extensive database of combat injuries from the over-3,000 scans it has conducted. The scans have provided medical information for families and allowed for important discoveries about deficiencies in American armor. One doctor, for example, used the database to discover that the tubes used to treat soldiers with collapsed lungs were too short for most of the soldiers, and were therefore largely unsuccessful. The tubes have since been lengthened to fit “bigger and stronger” American soldiers. The database has also revealed that many of American deaths came from upper body injuries, which has caused armor with more plating to be shipped to troops.

What’s the hottest new trend for the summer? Emergency stockpiling. “Emergency supply retailers and military surplus stores nationwide have seen business boom in the past few months as an increasing number of Americans spooked by the economy rush to stock up on gear that was once the domain of hardcore survivalists,” reports the Associated Press. Camping supply retailers and military surplus vendors have seen sales spikes of, in some instances, 50 percent. SurvivalBlog’s web traffic has tripled in the past 14 months, as has its owners $100-per-hour survivalist consulting business. It seems to be the first time that customers are citing the prospect of financial disaster, not natural disaster, as their motivation. “Top sellers include 55-gallon water jugs, waterproof containers, freeze-dried foods, water filters, water purification tablets, glow sticks, lamp oil, thermal blankets, dust masks, first-aid kits and inexpensive tents.”

In what must be welcome news to the White House, Italian Prime Minister Silvio Berlusconi said Italy would consider taking on detainees from the Guantanamo detention facility in an interview with CNN on Monday. "If we can do this favor for the American people and the U.S. government, we will certainly do it," Berlusconi said, though he did not specify a number of detainees. He said Italy wants to help fight terrorism, since it's "a phenomenon that affects us all." Congress shut down Obama's plans to close Guantanamo last week over worries relocating the detainees would threaten national security.

Better get moving: Defense Secretary Robert Gates tells The Wall Street Journal that, without “a perceptible shift in momentum,” American public support for the war in Afghanistan will have dried up within a year. He also said that momentum is with the Taliban. In order to turn the tide, he has signed off on the deployment of 21,000 new troops to Afghanistan and fired the four-star general who was in command there. He also accused those who oppose Obama’s plan to close Guantanamo Bay of “fear mongering,” saying “If people begin to absorb the fact that we've got several dozen very dangerous terrorists in our jails right now...maybe a little greater perspective would be brought to the issue.”

President Obama has announced Supreme Court pick: Appeals Court Judge Sonia Sotomayor. Judge Sotomayor, 54, who is of Puerto Rican descent, is the first Hispanic to be nominated to the Supreme Court. Sotomayor was raised in a housing project in the Bronx, graduated from Princeton University, and later became an editor of the Yale Law Journal. At the White House this morning, Obama called her "an inspiring woman who I believe will make a great justice." He underscored the five years as a prosecutor for the Manhattan DA's before entering private practice. He said that Sotomayor would be a good judge because of her "understanding of how the world works and how ordinary people live." Obama touted her bipartisan appeal, emphasizing that she was nominated to district court by George H.W. Bush and promoted to the court of appeals by President Clinton. If confirmed, it is thought that Sotomayor will be a moderate judge on the court. Obama met Sotomayor for the first time last Thursday, and only informed her of his decision late last night. The president said that Sotomayor has the "knowledge and experience acquired over the course of a brilliant legal career but the wisdom accumulated from an inspiring life story." Sotomayor said that her background has allowed her to "understand and respond to the concerns of all litigants that appear before me." She continued, "I strive never to forget the real-world consequences of my decisions on individuals, businesses and government."

Colin Powell has fired back at Rush Limbaugh and Dick Cheney–and a new poll may prove he's the winner of this GOP boxing match once and for all. Responding to attacks that he was not “still a Republican,” Powell said on Face the Nation on Sunday that “Rush will not get his wish, and Mr. Cheney was misinformed,” and that both were “not members of the membership committee of the Republican Party.” And a new survey shows that Powell may have some support. Of those polled by CNN/Opinion Research Corporation, 70 percent said they have a favorable view of Powell, 37 percent a favorable view of Dick Cheney, and only 30 percent a favorable view of Limbaugh. But out of Republicans polled, it’s much more neck-and-neck: 66 say they favor Cheney, 64 percent Powell, and 62 percent Limbaugh.

Never too soon to start: The Wall Street Journal reports that “Just four months in office, President Barack Obama and his White House are taking steps to shore up Democratic Congressional majorities in next year's midterm elections.” Obama has tried (and failed) to recruit a candidate to the North Carolina Senate race; promised to support Senator Arlen Specter if a Democratic challenger emerges; intervened to dissuade a primary challenger to New York Senator Kirsten Gillibrand; and is going to Vegas to raise money for Harry Reid. Obama seems to be working hard to avoid a repeat of the Republican sweep in 1994 that tied Bill Clinton’s hands. With the Democratic Party still going strong—the only endangered Senate seat so far is Chris Dodd’s in Connecticut—and political operators like Rahm Emanuel and David Axelrod on his staff, Obama is a good bet to do so.

The moment of truth: California's Supreme Court will issue its decision on Proposition 8, the voter initiative that banned same-sex marriage last November, today at 10 am. It doesn't seem likely the court will overturn Proposition 8 as unconstitutional, but about 18,000 couples who married when it was still legal (from May to November 2008) are anxious to find out if their unions will still be recognized after Tuesday. Some of the court's justices have suggested they do not think Proposition 8 should be applied retroactively, but advocates against gay marriage say that allowing some couples to stay married would create "two classes" of gay couples in the state (though, apparently, they do not think having "two classes" of all couples--married straights and unmarried gays--is a problem). Law professor Karl M. Manheim said that same-sex couples would be able to sue in federal court on due-process grounds if California retroactively invalidates their marriages.

Plenty more where that came from: North Korea has tested two more short-range missiles. Meanwhile, the UN Security Council is drafting a resolution against North Korea after the country tested a nuclear bomb Monday, which was comparable to the bombs that destroyed Hiroshima and Nagasaki. South Korea announced it will join a U.S.-led initiative to intercept North Korean ships that might be spreading weapons of mass destruction. North Korea warned South Korea that doing so would be considered an act of war. The blast was much more powerful than a test they conducted in 2006—it had the power of a 4.5-category earthquake. North Korea warned that it will also fire a short-range missile off its west coast. "Our army and people are fully ready for battle...against any reckless U.S. attempt for a pre-emptive attack," North Korea's news agency wrote. The resolution will contain "strong measures" against the nation.

Sad news from Monday: Mike Tyson's four-year-old daughter, Exodus, accidentally strangled herself on a cord attached to a treadmill and now is on life support in very critical condition in a Phoenix hospital. Her mother sent Exodus' seven-year-old brother to look for her, when he found the four-year-old hanging from the treadmill cord. The mother began CPR and called 911. Tyson was away from home on a trip at the time but has since arrived at the hospital.

Sonia Sotomayor isn’t the only reason the Supreme Court is in the news today: The Court ruled today that, under certain circumstances, police can interrogate a suspect without a lawyer present. “By a 5-4 vote, the conservative majority overruled a 23-year-old Supreme Court decision that barred the police from initiating questioning after a defendant asserted the right to an attorney at an arraignment or similar proceeding.” The 1986 decision held that, once a defendant invoked the right to counsel, only he or she and not the police could initiate the contact. “The ruling was the latest in a recent string by conservative justices expanding the power of police to question suspects, but it does not change the landmark 1966 ruling barring the police from questioning a suspect who invoked the right to remain silent or have a lawyer present.”

The heavyweights are lining up behind President Obama: After Defense Secretary Robert Gates called for the closure of Gitmo, General David Petraeus said over the weekend that he also supports the closure of the prison and an end to harsh interrogation techniques. "I think, on balance, that those moves help [us]," said the chief of U.S. Central Command. "In fact, I have long been on record as having testified and also in helping write doctrine for interrogation techniques that are completely in line with the Geneva Convention. … With respect to Guantanamo, I think that the closure in a responsible manner, obviously one that is certainly being worked out now by the Department of Justice—I talked to the Attorney General the other day [and] they have a very intensive effort ongoing to determine, indeed, what to do with the detainees who are left, how to deal with them in a legal way, and if continued incarceration is necessary -- again, how to take that forward. But doing that in a responsible manner, I think, sends an important message to the world, as does the commitment of the United States to observe the Geneva Convention when it comes to the treatment of detainees."

Two titans of technology are set to do battle. Microsoft plans to unveil a new ad campaign—costing close to $100 million—that will try to convince users to abandon Google for their new search engine, Bing. The ads, which will appear on nearly every platform imaginable, have a price tag significantly larger than most national campaigns. The hard part will be convincing users to ditch Google, as its brand enjoys a solid reputation. Yet Microsoft has had some luck as of late in its advertisements against rivals: Their series that labels Apple computers as too expensive seems to be resonating with consumers. Still, many companies have tried to take Google's crown, and none have succeeded.

It was only a matter of time. Bravo announced today that its hit guilty pleasure franchise, The Real Housewives, is heading to Washington, D.C. for its next season. With successful seasons in Orange County, California, New York City, Atlanta, and New Jersey under its belt, the show has had its share of wealthy pseudo-socialites bickering, neglecting their commitments to child rearing, and laughing in the face of the recession. So what’s in store for D.C.? According to a press release, the network aims to cast women fluent in both politics and fashion: "We're tapping personalities who are among Washington D.C.'s influential players, cultural connoisseurs, fashion sophisticates and philanthropic leaders—the people who rub elbows with the most prominent people in the country and easily move in the city's diverse political and social circles.”

New York's school system is now in a state of "crisis," with many toddlers unsure of where they'll matriculate next fall. For once, however, it's not the recession that's to blame. The city's public schools are overrun because of a dramatic post-9/11 baby boom, with Manhattanites under the age of 5 growing 32 percent in the last 5 years. And the middle-class neighborhoods that once enjoyed independent schools are now facing tight control by Mayor Michael Bloomberg and Education Chancellor Joel Klein. But because birth rates have risen in the last few years, New Yorkers now realize that Bloomberg and Klein were simply "poor judges of velocity." As class sizes have grown this year (despite $149 million in earmarks to keep them small) and waitlists have piled up, many New York families "lost in the system's reinvention" are trying to find their way out - and through the gates of a local public school next fall.