National

Data: ProPublica; Chart: Thomas Oide/Axios

There are now three octogenarians and one nonagenarian in the U.S. Senate, where more than half of the chamber is over 60, following the death of its oldest serving member Dianne Feinstein of California at 90 this week.

The big picture: Feinstein faced scrutiny over health concerns and her ability to serve during her final years in office, as America's aging leaders have been on display, prompting conversations around fitness for office, term limits and ageism.

Feinstein, the longest-serving woman in the U.S. Senate who had a sprawling legacy, had announced earlier this year she wouldn't seek re-election.

By the numbers: The oldest Senators are the following:

Senate Minority Leader Mitch McConnell (R-Ky.), 81

Senate Majority Whip Dick Durbin (D-Ill.), 78

Zoom out: There are 68 senators age 60 and older — that's more than half of the Senate.

The average age of senators in the 118th Congress (which includes Feinstein) is 64 years old – unchanged from the previous class, according to data from Quorum.

The 118th Congress is one of the oldest in U.S. history.

Zoom in: McConnell, one of the older Senators in office, has faced public pressure in recent months over his health status in the wake of several public freeze-ups. 

He's vowed to serve out his full term leading his caucus.

Meanwhile, former House Speaker Nancy Pelosi (D-Calif.), 83, was among top House Democrats who stepped aside from leadership positions last year to make room for a younger generation.

The shift is less apparent in the Senate, particularly among Republicans.

Still, Pelosi announced this month that she will seek another term in 2024.

Of note: The presidency is not immune from questions of fitness to serve over age, as the likeliest matchup for the 2024 election pits President Biden, who'd be 81 at the start of a second term, against former President Trump, who'd be 78.

Here are the oldest U.S. senators after Feinstein's death

More than half of the U.S. Senate is over age 60.

Dianne Feinstein

Politics & Policy

The removal of Rep. Kevin McCarthy (R-Calif.) as House speaker on Tuesday threw an already fragmented caucus deeper into chaos.  

The big picture: The unprecedented ouster depicts a House divided against itself, particularly within the GOP, and could result in a stalemate over who assumes the speakership. 

It's the first time in U.S. history that a House Speaker has been voted out of office. So what happen's next is somewhat uncharted territory.

"There's national implications for our economy, and internationally, our  reputation as a stable democracy," said Jared Carter, first amendment expert and professor at Vermont Law and Graduate School, in a phone interview Tuesday evening.

Rep. Patrick McHenry (R-N.C.), a McCarthy ally, will temporarily serve as acting speaker while House Republicans find a successor.

Names being floated include Majority Leader Steve Scalise (R-La.), Majority Whip Tom Emmer (R-Minn.) Reps. Tom Cole (R-Okla.), Patrick McHenry (R-N.C.), Kevin Hern (R-Okla.) and Mike Johnson (R-La.).

"Because of the razor thin margins, it's anybody's guess who can cobble together those votes," Carter told Axios.

While McCarthy could technically also throw his hat back in the ring, he announced later Tuesday that he would not seek the Speakership.

The Constitution does not lay out a framework and only specifies that the House shall choose its Speaker, which comes down to a majority vote.

Typically, the two-party caucuses put forward their choice and the majority party votes in its own candidate. 

"That's how it's historically worked," Carter said. "It's unclear how that's going to play out now in light of the house being divided against itself."

The House will have to vote on a Speaker until they have a new one. 

Flashback: It took Republicans 15 rounds of voting over five days to elect McCarthy earlier this year — marking the first time in a century that a speaker required more than one ballot to take the gavel.

Can the House still function in the meantime?

Legally, yes. There is an interim Speaker so the House can continue to function, vote and pass bills. 

Practically speaking, it's unlikely, Carter said."The Speaker's role in the process is so significant that they've really got to deal with this first in order to become a functioning branch of government," he explained.

What happens next after McCarthy ouster

The unprecedented ouster depicts a House divided against itself. Here's what happens next.

Former Speaker of the House Kevin McCarthy in the U.S. Capitol on Oct. 3. Rep. Photo: Tom Williams/CQ-Roll Call, Inc via Getty Images

Kevin McCarthy

The removal of <a class="gtmContentClick" data-vars-link-text="Rep. Kevin McCarthy" data-vars-click-url="https://www.axios.com/2023/10/03/house-republicans-remove-speaker-kevin-mccarthy" data-vars-content-id="483882ba-1bd9-4453-83e3-50ac0780a258" data-vars-headline="What happens next after McCarthy ouster" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/2023/10/03/house-republicans-remove-speaker-kevin-mccarthy" target="_self">Rep. Kevin McCarthy</a> (R-Calif.) as House speaker on Tuesday threw an already fragmented caucus deeper into chaos. The big picture: The unprecedented ouster depicts a House divided against itself, particularly within the GOP, and could result in a stalemate over who assumes the speakership.

A test of the nation's emergency alert system is scheduled to ping cell phones across the U.S. on Wednesday and send alerts to radios and TVs.

The big picture: It's the third nationwide test of the wireless emergency alert system but only the second for all cellphones, according to the Federal Emergency Management Agency and Federal Communications Commission.

The test message includes an explanation that the alert is not for an actual emergency.

Why it matters: The federal agencies said the test is to make sure "systems continue to be effective means of warning the public about emergencies, particularly those on the national level."

The system is used to warn about dangerous weather, missing children and other "critical situations," per the FCC.

The wireless emergency alerts system has been used more than 84,000 times since its 2012 launch.

Flashback: The first test of the wireless system was a "presidential alert" in October 2018.

The last nationwide test of wireless alerts on cell phones was in August 2021.

The test starts at approximately 2:20pm ET on Oct. 4 and "cell towers will broadcast the test for approximately 30 minutes," according to the release.

All wireless phones should receive the message only once.

Of note: If the Oct. 4 test is postponed due to significant events like widespread severe weather, the backup test date will be Oct. 11, the release said.

The test message will display in either English or in Spanish, depending on the language settings of the wireless handset.

The message that appears on the phones will read: "THIS IS A TEST of the National Wireless Emergency Alert System. No action is needed."

The alert will be sent to phones that are "switched on, within range of an active cell tower."

The alert is accompanied by "a unique attention signal and vibration, which is particularly helpful to people with hearing or vision-related disabilities," the FCC explains.

If you're on a phone call at the time of the alert test, the message and tone will be delayed until you hang up, FEMA said.

National alerts cannot be blocked on cell phones

Zoom in: Those who have alerts turned off for other warnings like Amber alerts will still get the FEMA notification, the FCC said.

That's because national alerts, which are issued by the president or the FEMA administrator, cannot be blocked.

Yes, but: To get the test message on Wednesday, your device must be on and cannot be in airplane mode.

Some older phones do not receive the alerts.

Wednesday's test will also be sent to radio, television broadcasts, cable systems, satellite radio and wireline video providers. 

This test is scheduled to last approximately one minute.

The test message will be similar to monthly tests of the emergency alert system.

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Emergency alert to ping cell phones nationwide Wednesday

All cell phones are expected to get an emergency alert test Wednesday afternoon.

Federal Emergency Management Agency (FEMA)

A test of the nation&#x27;s <a class="gtmContentClick" data-vars-link-text="emergency alert system" data-vars-click-url="https://www.axios.com/2018/10/03/consumers-prepare-for-first-presidential-alert-test" data-vars-content-id="789b3a89-ed6d-4cd6-bc4b-be7841be862d" data-vars-headline="Emergency alert to ping cell phones nationwide Wednesday" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/2018/10/03/consumers-prepare-for-first-presidential-alert-test" target="_self">emergency alert system</a> is scheduled to ping cell phones across the U.S. on Wednesday and send alerts to radios and TVs.The big picture: It&#x27;s the third nationwide test of the wireless emergency alert system but only the second for all cellphones, <a class="gtmContentClick" data-vars-link-text="according to the" data-vars-click-url="https://www.fema.gov/press-release/20230803/fema-and-fcc-plan-nationwide-emergency-alert-test-oct-4-2023" data-vars-content-id="789b3a89-ed6d-4cd6-bc4b-be7841be862d" data-vars-headline="Emergency alert to ping cell phones nationwide Wednesday" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.fema.gov/press-release/20230803/fema-and-fcc-plan-nationwide-emergency-alert-test-oct-4-2023" target="_blank">according to the</a> Federal Emergency Management Agency and Federal Communications Commission.

From the Valley to D.C., Big Tech players like Facebook, Google and Amazon are under more scrutiny than ever as new technology develops and privacy and antitrust concerns grow in lockstep with companies’ ambitions.

Technology

Sen. Bob Menendez (D-N.J.) had a trial date set on Monday for May 6 after he was indicted on explosive federal bribery charges earlier this month.

The big picture: Menendez, who was indicted alongside his wife, has refused to resign despite mounting political pressure and the emergence of a credible primary challenger. He denies any wrongdoing.

The tentative trial start date is less than a month before the New Jersey senate primary.

Catch up quick: Menendez and his wife, Nadine Menendez, are accused in the indictment of accepting "hundreds of thousands of dollars of bribes" in cash, gold, lavish gifts and other expenses in exchange for using his power to benefit a trio of New Jersey businessmen.

The New Jersey senator has insisted he will not heed calls to resign, and said in a statement: "It is not lost on me how quickly some are rushing to judge a Latino and push him out of his seat."

Menendez stepped down as chair of the Senate Foreign Relations Committee but Senate Majority Leader Chuck Schumer (D-N.Y.) said the move is temporary, "until the matter has been resolved."

Flashback: Menendez previously faced unrelated corruption charges in 2017, but jurors were unable to reach a unanimous verdict in that case.

Go deeper: Bob Menendez bleeds support from fellow Senate Dems

Editor's note: This article has been updated with new details throughout.

Bob Menendez bleeds support from fellow Senate Dems

Sen. Bob Menendez in the U.S. Capitol on Sept. 28. Photo: Tom Williams/CQ-Roll Call, Inc via Getty Images

Bob Menendez

<a class="gtmContentClick" data-vars-link-text="Sen. Bob Menendez" data-vars-click-url="https://www.axios.com/2022/10/26/menendez-federal-criminal-investigation" data-vars-content-id="a6147509-3dc7-4ca2-abdd-c3efc23f3b96" data-vars-headline="Trial date set for Sen. Bob Menendez in federal bribery case" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/2022/10/26/menendez-federal-criminal-investigation" target="_self">Sen. Bob Menendez</a> (D-N.J.) had a trial date set on Monday for May 6 after he was <a class="gtmContentClick" data-vars-link-text="indicted on explosive federal bribery charges" data-vars-click-url="https://www.axios.com/2023/09/22/menendez-bribery-charges-indictment" data-vars-content-id="a6147509-3dc7-4ca2-abdd-c3efc23f3b96" data-vars-headline="Trial date set for Sen. Bob Menendez in federal bribery case" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/2023/09/22/menendez-bribery-charges-indictment" target="_self">indicted on explosive federal bribery charges</a> earlier this month.The big picture: Menendez, who was indicted alongside his wife, has <a class="gtmContentClick" data-vars-link-text="refused to resign" data-vars-click-url="https://www.axios.com/2023/09/22/menendez-committee-resign-bribery-indictment" data-vars-content-id="a6147509-3dc7-4ca2-abdd-c3efc23f3b96" data-vars-headline="Trial date set for Sen. Bob Menendez in federal bribery case" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/2023/09/22/menendez-committee-resign-bribery-indictment" target="_self">refused to resign</a> despite <a class="gtmContentClick" data-vars-link-text="mounting political pressure" data-vars-click-url="https://www.axios.com/2023/09/24/bob-menendez-bribery-calls-to-resign" data-vars-content-id="a6147509-3dc7-4ca2-abdd-c3efc23f3b96" data-vars-headline="Trial date set for Sen. Bob Menendez in federal bribery case" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/2023/09/24/bob-menendez-bribery-calls-to-resign" target="_self">mounting political pressure</a> and the emergence of a <a class="gtmContentClick" data-vars-link-text="credible primary challenger" data-vars-click-url="https://www.axios.com/2023/09/23/rep-andy-kim-to-challenge-sen-menendez-in-2024-after-bribery-charges" data-vars-content-id="a6147509-3dc7-4ca2-abdd-c3efc23f3b96" data-vars-headline="Trial date set for Sen. Bob Menendez in federal bribery case" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/2023/09/23/rep-andy-kim-to-challenge-sen-menendez-in-2024-after-bribery-charges" target="_self">credible primary challenger</a>. He denies any wrongdoing.

California launched a new civil court process in several counties this week that is aimed at helping people with schizophrenia and other psychological disorders into treatment plans.

The big picture: Democratic Gov. Gavin Newsom's championed CARE court allows first responders, family members, behavioral health providers and others to directly petition the court for behavioral health services.

The program, which stands for Community Assistance, Recovery and Empowerment, seeks to provide a new framework to get people with mental health and substance use disorders care and to avoid outcomes like homelessness and incarceration.

CARE is not for everyone experiencing homelessness or mental illness, but rather for those with schizophrenia spectrum or other psychotic disorders who meet specific criteria, per the California Health and Human Services Agency.

The process is intended to be the least restrictive alternative to help such individuals before they are committed to a state hospital or become impaired enough to end up in an involuntary conservatorship, according to the agency.

To be eligible, a person must be 18 or older, currently experiencing a severe mental illness and have a diagnosis identified in the schizophrenia spectrum or other psychotic disorders class, among other criteria.

Individuals exiting a short-term involuntary hospital hold or an arrest are considered good candidates for the program, per the governor's office.

Once a petition for care is filed, there is an extensive process including court approvals, an investigation by the county and several hearings to ensure the subject of the petition meets the threshold to qualify for the program.

If the respondent voluntarily agrees to receive services, or if there is insufficient evidence that the respondent meets the CARE criteria, the case is dismissed. 

Once the court approves a person's individualized treatment plan, the program begins and is to include status review hearings.

If they refuse, they'll have access to a public defender and can opt out. But  a CARE court judge could still refer them for a conservatorship in which another person is appointed to make decisions for them, in order to force compliance.

Participants who accept the supervised plan will remain under the purview of CARE court until the case can be dismissed.

Zoom in: A person struggling with untreated mental illness and/or substance use is connected with a court-ordered care plan for up to two years.

Each plan is managed by a care team and can include clinically prescribed interventions with support services, medication and a housing plan.

It also includes a public defender to help make self-directed care decisions.

Participants who don't successfully complete CarePlans may be hospitalized or referred to conservatorship.

All counties across the state are to participate in the program and must roll it out before a December 2024 deadline.

Seven counties, including San Diego and San Francisco, launched CARE court this week, and the results will inform the way remaining counties establish their own.

Most participants will be Medi-Cal beneficiaries or eligible for Medi-Cal.

For those who have commercial insurance, CARE requires that a health plan reimburse the county for eligible behavioral health care costs. 

There are also existing funding sources, per the state, including nearly $10 billion annually for behavioral health care. 

Yes, but: Concerns remain about the level of resources needed to adequately run the program — and the possibility of civil liberties violations, which rights groups including the ACLU and Disability Rights California have raised, Axios' Shawna Chen reports.

Go deeper: San Francisco to roll out mental illness court

California Health and Human Services Agency

San Francisco to roll out mental illness court next week

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What we know about California's new mental illness court program

The program allows family members and others to directly petition the court for behavioral health services.

California Gov. Gavin Newsom on Sept. 27 in Simi Valley, California. Photo: Mario Tama/Getty Images

California

California launched a new <a class="gtmContentClick" data-vars-link-text="civil court process" data-vars-click-url="https://www.axios.com/local/san-diego/2023/09/18/mayor-gloria-mental-health-treatment-bill" data-vars-content-id="b8a56704-2230-430e-ae80-981f1085117a" data-vars-headline="What we know about California&#x27;s new mental illness court program" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/local/san-diego/2023/09/18/mayor-gloria-mental-health-treatment-bill" target="_self">civil court process</a> in several counties this week that is aimed at helping people with schizophrenia and other psychological disorders into treatment plans.The big picture: Democratic Gov. Gavin Newsom&#x27;s championed CARE court allows first responders, family members, behavioral health providers and others to directly petition the court for behavioral health services.

The U.S. faces a range of health care flashpoints — unaffordable drugs, opioids, vaping — as we debate whether to adopt universal care. For now, the Affordable Care Act is the law of the land, but Republicans want to issue it a final death blow.

Sareen Habeshian

Stories

What happens next after McCarthy ouster

Emergency alert to ping cell phones nationwide Wednesday

What we know about California's new mental illness court program

Trial date set for Sen. Bob Menendez in federal bribery case

Here are the oldest U.S. senators after Feinstein's death