npr--2020-11-02--Election 2020: Cities And Businesses Prepare For Post-Election Unrest, Violence

Phil Brach spent the weekend putting huge sheets of plywood up over the massive glass windows of the store where he works , Rodman 's Food and Drug in Washington , D.C. , in preparation for Election Day .
`` We 'll probably go up two or three boards high , '' Brach says .
Across the country , there are growing concerns that the bitterness and animosity over the presidential election will not end when the polls close Tuesday night .
From coast to coast , cities are preparing for possible protests , civil unrest and violence , regardless @ @ @ @ @ @ @ is working alongside his boss , Nolan Rodman , the third generation of his family to run the store that his grandfather first opened in 1955 as a pharmacy .
It now includes a café , produce , beer , wine and food items from around the world .
On May 31 , Nolan says he was caught unprepared when rioters broke in and looted his business during the height of the protests over the police killing of George Floyd in Minneapolis that sparked protests nationwide .
`` They threw a chair through @ @ @ @ @ @ @ everywhere , '' Nolan says .
`` I was very scared that night .
It was pretty horrifying . ''
After Rodman 's was ransacked , Nolan says he could n't sleep for a week .
This time around they have a plan Nolan says he went to the store the night of the looting along with a police officer who advised him to leave .
Security cameras caught mostly young men going into the pharmacy and the beer and wine section of the store .
He and his father Roy Rodman even @ @ @ @ @ @ @ .
Roy says this time around they have a plan .
`` We put some film on these windows so that they 're not easily broken , if they 're smashed , they 'll stay in place .
And we 're hoping that no one can break into the store , at least not easily , '' Roy says .
Nolan adds , `` The film makes the glass shatterproof so it does n't just explode upon contact . ''
While the nation 's capital city is certain to be a focal point @ @ @ @ @ @ @ bracing for possible chaos too .
The National Retail Federation has held training webinars for members on crisis prevention and de-escalating conflict and hired security consultants to help store owners prepare .
Many storefront windows along Chicago 's Michigan Avenue are already boarded up – as some retailers there have been looted this summer not just once , but twice .
`` Coming off of the summer , seeing the looting that occurred , there 's a lot of anxiety , '' says Elliott Richardson who heads the Small Business Advocacy Council in @ @ @ @ @ @ @ of nervousness about what might happen now , what might happen during the election . ''
Richardson says it 's not just the high-end retailers on the Magnificent Mile downtown that are at risk , but also the mom & pop shops on the South and the West sides of Chicago who he says `` are hanging on by a thread right now because of the pandemic . ''
`` They can not afford to be looted .
They can not afford destruction , because if that happens , they very well may @ @ @ @ @ @ @ says .
Chicago Mayor Lori Lightfoot says the city has been planning and preparing for potential election-related protests and civil unrest for months .
`` We all know that emotions will be high because they already are , '' says the mayor , `` and I urge you to channel those emotions into peaceful and productive expressions . ''
Like other cities , Chicago has been running tabletop exercises and gaming out how , when and where violence might erupt .
Days off for police officers are canceled and the city will flood @ @ @ @ @ @ @ presence to deter violence .
The city will also be using snow plows , dump trucks and other heavy vehicles to block certain streets and expressway exit ramps to keep demonstrators away .
Superintendent David Brown says Chicago police will respect people 's rights to peacefully protest and will work first and foremost to de-escalate any confrontations , but he hastens to add that his officers will take swift action against anyone intent on spreading chaos .
`` The message is , do n't loot in Chicago .
If you do loot , @ @ @ @ @ @ @ you escape , we will find you and bring you to justice , '' says Brown with a seriousness in his voice .
In Beverly Hills , Calif. tensions felt high already this weekend .
Workers were busy boarding up store windows while supporters of President Trump held a `` freedom rally '' that was briefly disrupted by counter protesters .
Police are planning to shut down Rodeo Drive Tuesday and Wednesday , but one small business owner who is not boarding up is Steve White , a 47-year old Army veteran who @ @ @ @ @ @ @ Kevlar vest .
`` I 've been buying weapons and guns ever since the first riots hit , so I 'm definitely prepared for it , '' White says .
He owns a business on Wilshire Avenue , `` I 'm worried about it but I 'm just going to camp out there every night and defend my own business . ''
Groups on all sides of the political spectrum are planning election night demonstrations and the very real possibility that the results might not be known for days or weeks after Election @ @ @ @ @ @ @ University political science professor Ore Koren , who studies political unrest globally , says mass organized political violence is not a part of the American psyche .
`` We just do n't do this in this country .
We have lone wolves .
We can have some of rioting , '' he says `` but in terms of actual massive violence , this is not something we have done before . ''
That said , 2020 is already a year of political tension and unrest unlike anything seen in the country since the @ @ @ @ @ @ @ be how difficult it is to predict what may happen next .

Election 2020: Cities And Businesses Prepare For Post-Election Unrest, Violence
Enlarge this image toggle caption Tyrone Turner/WAMU Tyrone Turner/WAMU
Phil Brach spent the weekend putting huge sheets of plywood up over the massive glass windows of the Washington, D.C., store where he works, Rodman's Food and Drug, in preparation for Election Day.
"We'll probably go up two or three boards high," Brach says.
Across the country, there are growing concerns that the bitterness and animosity over the presidential election will not end when the polls close Tuesday night. From coast to coast, cities are preparing for possible protests, civil unrest and violence regardless of the election's outcome.
Brach is working alongside his boss, Nolan Rodman, the third generation of his family to run the store that his grandfather first opened in 1955 as a pharmacy. It now includes a cafe, produce, beer, wine and food items from around the world.
On May 31, Rodman says he was caught unprepared when rioters broke in and looted his business during the height of protests over the police killing of George Floyd in Minneapolis that sparked demonstrations nationwide.
"They threw a chair through our window; there was chaos happening everywhere," Rodman says. "I was very scared that night. It was pretty horrifying."
After Rodman's was ransacked, Nolan Rodman says he couldn't sleep for a week.
Enlarge this image toggle caption Marisa Peñaloza/NPR Marisa Peñaloza/NPR
This time around they have a plan
Rodman says he went to the store the night of the looting along with a police officer who advised him to leave. Security cameras caught mostly young men going into the pharmacy and the beer and wine section of the store. He and his father, Roy Rodman, even stayed in the store a few nights.
The elder Rodman says this time around they have a plan.
"We put some film on these windows so that they're not easily broken; if they're smashed, they'll stay in place. And we're hoping that no one can break into the store, at least not easily," Roy Rodman says. His son adds, "The film makes the glass shatterproof so it doesn't just explode upon contact."
While the nation's capital is certain to be a focal point of post-election demonstrations, other cities are bracing for possible chaos, too.
The National Retail Federation has held training webinars for members on crisis prevention and the de-escalation of conflict and has hired security consultants to help store owners prepare.
Many storefront windows along Chicago's Michigan Avenue are already boarded up – as some retailers there have been looted this summer, not just once but twice.
"Coming off of the summer, seeing the looting that occurred, there's a lot of anxiety," says Elliot Richardson, who heads the Small Business Advocacy Council in Chicago. "There's a lot of nervousness about what might happen now, what might happen during the election."
Richardson says it's not just the high-end retailers on the Magnificent Mile downtown that are at risk, but also the mom and pop shops on the South and the West sides of Chicago, which he says "are hanging on by a thread right now because of the pandemic."
Enlarge this image toggle caption David Schaper/NPR David Schaper/NPR
"They cannot afford to be looted. They cannot afford destruction, because if that happens, they very well may close and not reopen," Richardson says.
"Channel those emotions into peaceful and productive expressions"
Chicago Mayor Lori Lightfoot says the city has been planning and preparing for potential election-related protests and civil unrest for months.
"We all know that emotions will be high because they already are," the mayor says, "and I urge you to channel those emotions into peaceful and productive expressions."
Like other cities, Chicago has been running tabletop exercises and gaming out how, when and where violence might erupt. Days off for police officers are canceled, and the city will flood certain areas with a highly visible police presence to deter violence. The city will also be using snowplows, dump trucks and other heavy vehicles to block certain streets and expressway exit ramps to keep demonstrators away.
Police Superintendent David Brown says Chicago police will respect people's rights to protest peacefully and will work first and foremost to de-escalate any confrontations, but he adds that his officers will take swift action against anyone intent on spreading chaos.
"The message is, don't loot in Chicago. If you do loot, you will be held accountable. If you escape, we will find you and bring you to justice," says Brown, with a seriousness in his voice.
In Beverly Hills, Calif., tensions already felt high this weekend.
Enlarge this image toggle caption Liz Baker/NPR Liz Baker/NPR
Workers were busy boarding up store windows while supporters of President Trump held a "freedom rally" briefly disrupted by counterprotesters.
Police are planning to shut down Rodeo Drive on Tuesday and Wednesday, but one small business owner who is not boarding up is Steve White, a 47-year-old Army veteran who attended the rally wearing fatigues and a Kevlar vest.
"I've been buying weapons and guns ever since the first riots hit, so I'm definitely prepared for it," White says.
He owns a business on Wilshire Boulevard. "I'm worried about it, but I'm just going to camp out there every night and defend my own business."
Enlarge this image toggle caption Liz Baker/NPR Liz Baker/NPR
Groups on all sides of the political spectrum are planning election night demonstrations, and the possibility that results might not be known for days or weeks after Election Day could escalate tensions.
But Indiana University political science professor Ore Koren, who studies political unrest globally, says mass organized political violence is not a part of the American psyche.
"We just don't do this in this country. We have lone wolves. We can have some rioting," he says, "but in terms of actual massive violence, this is not something we have done before."
That said, 2020 is already a year of political tension and unrest unlike anything seen in the country since the 1960s, and the only certainty seems to be how difficult it is to predict what may happen next.


npr--2020-11-02--More Than Politics On The Line For Voters With Preexisting Conditions

More Than Politics On The Line For Voters With Preexisting Conditions In battleground states , from Georgia to Arizona , the Affordable Care Act — and concerns over protecting preexisting conditions — loom over key races for Congress and the presidency .
`` I ca n't even believe it 's in jeopardy , '' says Noshin Rafieei , a 36-year-old from Phoenix .
`` The people that are trying to eliminate the protection for individuals such as myself with preexisting conditions , they must not understand what it 's like . ''
In 2016 , Rafieei was diagnosed with colon @ @ @ @ @ @ @ doctor discovered it had spread to her liver .
`` I was taking oral chemo , morning and night — just imagine that 's your breakfast , essentially and your dinner , '' Rafieei says .
Rafieei does have health insurance now through her employer , but she fears whether her medical history could disqualify her from getting care in the future .
`` I had to pray that my insurance would approve of my transplant just in the nick of time , '' she says .
`` I had that Stage 4 @ @ @ @ @ @ @ has dollar signs .
Who wants to invest in someone with stage four ? ''
`` That is no way to feel , '' she adds .
After doing her research , Rafieei says she intends to vote for Joe Biden , who helped get the ACA passed in this first place .
`` Health care for me is just the driving factor , '' she says .
Even ten years after the Affordable Care Act locked in a health care protection that Americans now overwhelmingly support — guarantees that insurers can not @ @ @ @ @ @ @ preexisting medical conditions — voters once again face contradicting campaign promises over which candidate will preserve the law 's legacy .
A majority of Democrats , Independents and Republicans say they want their new president to preserve the ACA 's provision that protects as many as 135 million people from potentially being unable to get health care because of their medical history .
President Donald Trump has pledged to keep this in place , even as his Administration heads to the U.S Supreme Court the week after Election Day to argue the entire @ @ @ @ @ @ @ We 'll always protect people with preexisting , '' said President Trump in the most recent debate .
`` I 'd like to terminate Obamacare , come up with a brand new , beautiful health care . ''
And yet the Trump administration has not unveiled a health care plan or identified any specific components it might include .
In 2017 , the administration joined with Congressional Republicans to dismantle the Affordable Care Act , but none of the GOP-backed replacement plans could summon enough votes .
The Republicans ' final attempt , @ @ @ @ @ @ @ parts of the ACA , failed in the Senate because of resistance within their own party .
In an attempt to reassure wary voters , Trump recently signed an executive order that asserts protections for preexisting conditions will stay in place , but legal experts say this has no teeth .
`` It 's basically a pinky promise , but it does n't have teeth , '' says Swapna Reddy , a clinical assistant professor at Arizona State University 's College of Health Solutions .
`` What is the enforceability ?
The order @ @ @ @ @ @ @ it ca n't regulate the insurance industry . ''
Since the 2017 repeal and replace efforts , the health care law has continued to gain popularity .
Public approval is now at an all time high , but polling shows many Republican still do n't view the ACA as synonymous with its most popular provision — protections for preexisting conditions .
`` If you have a preexisting condition — heart disease , diabetes , breast cancer — they are coming for you , '' said Senator Kamala Harris during her recent debate with @ @ @ @ @ @ @ swing states , many voters say protecting preexisting conditions is their top health concern .
Noshin Rafieei , the Phoenix woman with colon cancer , still often has problems getting her treatments covered .
Her insurance has denied medications that help quell the painful side effects of chemotherapy or complications related to her transplant .
`` During those chemo days , I 'd think , wow , I 'm really sick , and I just got off the phone with my pharmacy and they 're denying me something that could possibly help me @ @ @ @ @ @ @ her transplant , she will be on medication for the rest of her life , and sometimes she even has nightmares about being away and running out of it .
`` I will have these panic attacks like , 'Where 's my medicine ?
Oh my god , I have to get back to get my medicine ? '
'' Election season and talk of eliminating the ACA has not given Rafieei much reassurance , though .
`` I can not stomach politics .
I am beyond terrified , '' she says .
@ @ @ @ @ @ @ the polls — in person — despite having a compromised immune system .
`` It might be a long day .
But you know what ?
I want to fix whatever I can , '' she says .
A few days after she votes , she 'll get a coronavirus test and go in for another round of surgery .
Rafieei 's home state of Arizona is emblematic of the political contradictions around the health care law .
The Republican-led state reaped the benefits of the ACA .
Arizona 's uninsured rate dropped @ @ @ @ @ @ @ it expanded Medicaid .
But the state 's governor also embraced the Republican effort to repeal and replace the law in 2017 , and now Arizona 's Attorney General is part of the lawsuit — that will be heard by the Supreme Court on Nov. 10 — that could topple the entire law .
Depending on how the Supreme Court rules , ASU 's Swapna Reddy says any meaningful replacement for preexisting conditions would involve Congress and the next president .
`` At the moment , we have absolutely no national replacement plan @ @ @ @ @ @ @ some states have passed their own laws to maintain protections for preexisting conditions , in the event the ACA is struck down .
But Reddy says those vary considerably from state to state .
For example , Arizona 's law , passed just earlier this year , only prevents insurers from outright denying coverage — consumers with preexisting conditions can be charged more .
`` We are in this season of chaos around the Affordable Care Act , '' says Reddy .
`` From a consumer perspective , it 's really hard to @ @ @ @ @ @ @ in the congressional midterm election of 2018 , Democrats are hammering away at Republican 's track record on preexisting conditions and the ACA .
In Arizona , Mark Kelly , the Democratic candidate running for Senate , has run ads and used every opportunity to remind voters of Republican Senator Martha McSally 's votes to repeal the law .
In Georgia , Democratic challenger Jon Ossoff has taken a similar approach .
`` Can you look down the camera and tell the people of this state why you voted four times to allow @ @ @ @ @ @ @ coverage because we may suffer from diabetes or heart disease or have cancer in remission ? ''
Ossoff said during a debate with his opponent Republican Senator David Purdue .
Republicans have often tried to skirt health care as a major issue this election cycle because there is n't the same political advantage to pushing the repeal and replace argument , says Mark Peterson , a professor of public policy , political science and law at UCLA .
`` It 's political suicide , there does n't seem to be any real political @ @ @ @ @ @ @ But the timing of the Supreme Court case — exactly a week after election day — has somewhat obscured the issue for voters .
Republicans have chipped away at the health care law by reducing the individual mandate — the provision requiring consumers to purchase insurance — to zero dollars .
The premise of the Supreme Court case is that the ACA no longer qualifies as a tax because of this change in the penalty .
`` It is an extraordinary stretch , even among many conservative legal scholars , to say that @ @ @ @ @ @ @ existence of an enforced individual mandate , '' says Peterson .
The court could rule in a very limited way that does not disrupt the entire law or protections for preexisting conditions , he says .
Like many issues this election , Peterson says there is a big disconnect between what voters in the two parties believe is at stake with the ACA .
`` Not everybody , particularly Republicans , associates the ACA with protecting preexisting conditions , '' he says .
`` But it is pretty striking that overwhelmingly Democrats and @ @ @ @ @ @ @ Republicans — that 's enough to give a significant national supermajority . ''
This story is part of NPR 's health reporting partnership with Kaiser Health News .

More Than Politics On The Line For Voters With Preexisting Conditions
Enlarge this image toggle caption Lynne Sladky/AP Lynne Sladky/AP
In swing states from Georgia to Arizona, the Affordable Care Act — and concerns over protecting preexisting conditions — loom over key races for Congress and the presidency.
"I can't even believe it's in jeopardy," says Noshin Rafieei, a 36-year-old from Phoenix. "The people that are trying to eliminate the protection for individuals such as myself with preexisting conditions, they must not understand what it's like."
In 2016, Rafieei was diagnosed with colon cancer. A year later, her doctor discovered it had spread to her liver.
"I was taking oral chemo, morning and night — just imagine that's your breakfast, essentially, and your dinner," Rafieei says.
In February, she underwent a liver transplant.
Rafieei does have health insurance now through her employer, but she fears whether her medical history could disqualify her from getting care in the future.
"I had to pray that my insurance would approve of my transplant just in the nick of time," she says. "I had that Stage 4 label attached to my name and that has dollar signs. Who wants to invest in someone with Stage 4?"
"That is no way to feel," she adds.
After doing her research, Rafieei says she intends to vote for Joe Biden, who helped get the ACA passed in this first place.
"Health care for me is just the driving factor," she says.
Even 10 years after the Affordable Care Act locked in a health care protection that Americans now overwhelmingly support — guarantees that insurers cannot deny coverage or charge more based on preexisting medical conditions — voters once again face contradicting campaign promises over which candidate will preserve the law's legacy.
A majority of Democrats, independents and Republicans say they want their new president to preserve the ACA's provision that protects as many as 135 million people from potentially being unable to get health care because of their medical history.
President Trump has pledged to keep this in place, even as his administration heads to the U.S Supreme Court the week after Election Day to argue the entire law should be struck down.
"We'll always protect people with preexisting," Trump said in the most recent debate. "I'd like to terminate Obamacare, come up with a brand new, beautiful health care."
And yet the Trump administration has not unveiled a health care plan or identified any specific components it might include. In 2017, the administration joined with congressional Republicans to dismantle the Affordable Care Act, but none of the GOP-backed replacement plans could summon enough votes. The Republicans' final attempt, a limited "skinny repeal" of parts of the ACA, failed in the Senate because of resistance within their own party.
In an attempt to reassure wary voters, Trump recently signed an executive order that asserts protections for preexisting conditions will stay in place, but legal experts say this has no teeth.
"It's basically a pinky promise, but it doesn't have teeth," says Swapna Reddy, a clinical assistant professor at Arizona State University's College of Health Solutions. "What is the enforceability? The order really doesn't have any effect because it can't regulate the insurance industry."
Since the 2017 repeal and replace efforts, the health care law has continued to gain popularity.
Public approval is now at an all-time high, but polling shows many Republicans still don't view the ACA as synonymous with its most popular provision — protections for preexisting conditions.
Democrats hope to change that.
"If you have a preexisting condition — heart disease, diabetes, breast cancer — they are coming for you," said Biden's running mate, California Sen. Kamala Harris, during her recent debate with Vice President Pence.
Voters support maintaining ACA's legal protections
In key swing states, many voters say protecting preexisting conditions is their top health concern.
Rafieei, the Phoenix woman with colon cancer, still often has problems getting her treatments covered. Her insurance has denied medications that help quell the painful side effects of chemotherapy or complications related to her transplant.
"During those chemo days, I'd think, wow, I'm really sick, and I just got off the phone with my pharmacy and they're denying me something that could possibly help me," she says.
Because of her transplant, she will be on medication for the rest of her life, and sometimes she even has nightmares about being away and running out of it.
"I will have these panic attacks like, 'Where's my medicine? Oh my god, I have to get back to get my medicine?'"
Election season and talk of eliminating the ACA has not given Rafieei much reassurance, though.
"I cannot stomach politics. I am beyond terrified," she says.
And yet she plans to head to the polls — in person — despite having a compromised immune system.
"It might be a long day. But you know what? I want to fix whatever I can," she says.
A few days after she votes, she'll get a coronavirus test and go in for another round of surgery.
A key health issue in political swing states
Rafieei's home state of Arizona is emblematic of the political contradictions around the health care law.
The Republican-led state reaped the benefits of the ACA. Arizona's uninsured rate dropped considerably since 2010, in part because it expanded Medicaid.
But the state's governor also embraced the Republican effort to repeal and replace the law in 2017, and now Arizona's attorney general is part of the lawsuit that will be heard by the Supreme Court on Nov. 10 that could topple the entire law.
Depending on how the Supreme Court rules, ASU's Reddy says any meaningful replacement for preexisting conditions would involve Congress and the next president.
"At the moment, we have absolutely no national replacement plan," she says.
Meanwhile, some states have passed their own laws to maintain protections for preexisting conditions, in the event the ACA is struck down. But Reddy says those vary considerably from state to state.
For example, Arizona's law, passed just earlier this year, only prevents insurers from outright denying coverage — consumers with preexisting conditions can be charged more.
"We are in this season of chaos around the Affordable Care Act," says Reddy. "From a consumer perspective, it's really hard to decipher all these details."
As in the congressional midterm election of 2018, Democrats are hammering away at Republican's track record on preexisting conditions and the ACA.
In Arizona, Mark Kelly, the Democratic candidate running for Senate, has run ads and used every opportunity to remind voters of Republican Sen. Martha McSally's votes to repeal the law.
In Georgia, Democratic challenger Jon Ossoff has taken a similar approach.
"Can you look down the camera and tell the people of this state why you voted four times to allow insurance companies to deny us health care coverage because we may suffer from diabetes or heart disease or have cancer in remission?" Ossoff said during a debate with his opponent, Republican Sen. David Purdue.
Republicans have often tried to skirt health care as a major issue this election cycle because there isn't the same political advantage to pushing the repeal and replace argument, says Mark Peterson, a professor of public policy, political science and law at UCLA.
"It's political suicide, there doesn't seem to be any real political advantage anymore," says Peterson.
But the timing of the Supreme Court case — exactly a week after election day — has somewhat obscured the issue for voters.
Republicans have chipped away at the health care law by reducing the individual mandate — the provision requiring consumers to purchase insurance — to zero dollars.
The premise of the Supreme Court case is that the ACA no longer qualifies as a tax because of this change in the penalty.
"It is an extraordinary stretch, even among many conservative legal scholars, to say that the entire law is predicated on the existence of an enforced individual mandate," says Peterson.
The court could rule in a very limited way that does not disrupt the entire law or protections for preexisting conditions, he says.
Like many issues this election, Peterson says there is a big disconnect between what voters in the two parties believe is at stake with the ACA.
"Not everybody, particularly Republicans, associates the ACA with protecting preexisting conditions," he says. "But it is pretty striking that overwhelmingly Democrats and Independents do — and a number of Republicans — that's enough to give a significant national supermajority."
This story is part of NPR's health reporting partnership with Kaiser Health News.


npr--2020-11-02--Justice Barrett Joins Supreme Court Arguments For The First Time

Justice Barrett Joins Supreme Court Arguments For The First Time New Supreme Court Justice Amy Coney Barrett heard her first oral arguments at the Supreme Court on Monday .
Participating by phone with the other justices , a practice followed by the court since the coronavirus pandemic , she asked questions in turn in a set of cases that presented difficult procedural questions but no headlines .
The court said she did not participate in the court 's work last week after being sworn in so she would be prepared for oral arguments this week .
The telephone format allows @ @ @ @ @ @ @ ask questions so there was no way to compare Barrett 's questioning with other newbies in recent years .
During his first argument in 2017 , Justice Neil Gorsuch asked 22 questions , a half-dozen in a row , about 10 minutes into his first argument .
In 2018 , Justice Brett Kavanaugh was more reticent , waiting 20 minutes into his first argument before speaking .
But the current pandemic format is in order of seniority , and the time for each justice is short .
Barrett could well be forgiven for @ @ @ @ @ @ @ last week , with six days to prep before her Monday debut .
But Chief Justice John Roberts also had just six days to prepare in 2005 , and in 1987 Justice Anthony Kennedy had even fewer — four days .
Barrett 's choice to forgo participating last week meant she did not vote in two significant cases decided by the court in opinions released Monday .
A 7-1 vote decided each case , with Justice Clarence Thomas dissenting in both .
In an important First Amendment case involving a Black Lives Matter @ @ @ @ @ @ @ DeRay Mckesson in his effort to avoid a lawsuit by a police officer who was severely injured by an unknown assailant .
The demonstration took place on a highway in Baton Rouge , La.
, to protest the shooting death of an African American man at close range by police .
The officer suffered injuries from a rock thrown by one of the protesters .
Mckesson did not throw the rock , but the police officer sued on the theory that the activist was still liable for damages because he negligently led the @ @ @ @ @ @ @ assault .
A divided three-judge panel of the 5th U.S .
Circuit Court of Appeals allowed the suit to go forward , ruling a jury could plausibly find against Mckesson because `` a violent confrontation with a police officer was a foreseeable effect of negligently directing a protest '' onto the highway .
The full appeals court deadlocked on whether to review the panel 's decision , and Mckesson appealed to the Supreme Court , contending that even if his role in leading the protest onto the highway was negligent , it could @ @ @ @ @ @ @ actions of an individual whose only association to him was attendance at the protest .
On Monday , the Supreme Court threw out the suit for now , declaring that the 5th Circuit 's interpretation of state law `` is too uncertain a premise on which to address '' the question currently at issue .
The constitutional question — namely whether such a suit violated the First Amendment guarantee of free speech — is only raised if Louisiana law in fact permits such a suit in the first place , the court said @ @ @ @ @ @ @ '' the high court , in essence , then asked the Louisiana Supreme Court to decide what the state law actually is — in short , whether Louisiana would permit such a suit .
In a second case — involving cruel and unusual punishment of a prisoner — the justices also repudiated a 5th Circuit decision .
This one involved a Texas state prisoner , Trent Taylor , who alleged that for six days in 2013 he was held in what the court called `` shockingly unsanitary cells . ''
The high court @ @ @ @ @ @ @ The first cell was covered nearly floor to ceiling in massive amounts of feces ; all over the floor , the ceiling , the window , the walls , and even packed inside the water faucet .
Fearing that his food and water would be contaminated , Taylor did not eat or drink for nearly four days .
Correctional officers then moved Taylor to a second , frigidly cold cell , which was equipped with only a clogged drain in the floor to dispose of bodily wastes .
Taylor held his bladder for @ @ @ @ @ @ @ involuntarily ) relieved himself , causing the drain to overflow and raw sewage to spill across the floor .
Because the cell lacked a bunk , and because Taylor was confined without clothing , he was left to sleep naked in sewage . ''
After reciting these findings by the lower court , the Supreme Court noted that the 5th Circuit `` properly held that such conditions ... violate the Eighth Amendment 's prohibition on cruel and unusual punishment . ''
But the appeals court went on to say that the prison officers @ @ @ @ @ @ @ sued because the law `` was n't clearly established '' that `` prisoners `` could n't be housed in cells teaming with human waste '' `` for only six days . ''
Thus , the 5th Circuit granted the officers qualified immunity from being sued .
That was too much for seven Supreme Court justices .
`` Confronted with the particularly egregious facts of this case , any reasonable officer should have realized that Taylor 's conditions of confinement offended the Constitution , '' they wrote .

Justice Barrett Joins Supreme Court Arguments For The First Time
Enlarge this image toggle caption Andrew Caballero-Reynolds/Pool via AP Andrew Caballero-Reynolds/Pool via AP
New Supreme Court Justice Amy Coney Barrett heard her first oral arguments at the Supreme Court on Monday. Participating by phone with the other justices, a practice followed by the court since the coronavirus pandemic, she asked questions in turn in a set of cases that presented difficult procedural questions but no headlines.
The court said she did not participate in the court's work last week after being sworn in so she would be prepared for oral arguments this week.
The telephone format allows each justice only a few minutes to ask questions so there was no way to compare Barrett's questioning with other newbies in recent years.
During his first argument in 2017, Justice Neil Gorsuch asked 22 questions, a half-dozen in a row, about 10 minutes into his first argument. In 2018, Justice Brett Kavanaugh was more reticent, waiting 20 minutes into his first argument before speaking. But the current pandemic format is in order of seniority, and the time for each justice is short.
Barrett could well be forgiven for bowing out of the court's work last week, with six days to prep before her Monday debut. But Chief Justice John Roberts also had just six days to prepare in 2005, and in 1987 Justice Anthony Kennedy had even fewer — four days.
Barrett's choice to forgo participating last week meant she did not vote in two significant cases decided by the court in opinions released Monday. A 7-1 vote decided each case, with Justice Clarence Thomas dissenting in both.
First Amendment case
In an important First Amendment case involving a Black Lives Matter protest, the court sided with activist DeRay Mckesson in his effort to avoid a lawsuit by a police officer who was severely injured by an unknown assailant.
The demonstration took place on a highway in Baton Rouge, La., to protest the shooting death of an African American man at close range by police. The officer suffered injuries from a rock thrown by one of the protesters.
Mckesson did not throw the rock, but the police officer sued on the theory that the activist was still liable for damages because he negligently led the protest in a manner that caused the assault. A divided three-judge panel of the 5th U.S. Circuit Court of Appeals allowed the suit to go forward, ruling a jury could plausibly find against Mckesson because "a violent confrontation with a police officer was a foreseeable effect of negligently directing a protest" onto the highway.
The full appeals court deadlocked on whether to review the panel's decision, and Mckesson appealed to the Supreme Court, contending that even if his role in leading the protest onto the highway was negligent, it couldn't make him personally liable for the actions of an individual whose only association to him was attendance at the protest.
On Monday, the Supreme Court threw out the suit for now, declaring that the 5th Circuit's interpretation of state law "is too uncertain a premise on which to address" the question currently at issue.
The constitutional question — namely whether such a suit violated the First Amendment guarantee of free speech — is only raised if Louisiana law in fact permits such a suit in the first place, the court said. Acknowledging these "exceptional circumstances," the high court, in essence, then asked the Louisiana Supreme Court to decide what the state law actually is — in short, whether Louisiana would permit such a suit.
Eighth Amendment case
In a second case — involving cruel and unusual punishment of a prisoner — the justices also repudiated a 5th Circuit decision.
This one involved a Texas state prisoner, Trent Taylor, who alleged that for six days in 2013 he was held in what the court called "shockingly unsanitary cells." The high court described those conditions in detail:
"The first cell was covered nearly floor to ceiling in massive amounts of feces; all over the floor, the ceiling, the window, the walls, and even packed inside the water faucet. Fearing that his food and water would be contaminated, Taylor did not eat or drink for nearly four days. Correctional officers then moved Taylor to a second, frigidly cold cell, which was equipped with only a clogged drain in the floor to dispose of bodily wastes. Taylor held his bladder for 24 hours but he eventually (and involuntarily) relieved himself, causing the drain to overflow and raw sewage to spill across the floor. Because the cell lacked a bunk, and because Taylor was confined without clothing, he was left to sleep naked in sewage."
After reciting these findings by the lower court, the Supreme Court noted that the 5th Circuit "properly held that such conditions ... violate the Eighth Amendment's prohibition on cruel and unusual punishment." But the appeals court went on to say that the prison officers responsible for this treatment could not be sued because the law "wasn't clearly established" that "prisoners "couldn't be housed in cells teaming with human waste" "for only six days." Thus, the 5th Circuit granted the officers qualified immunity from being sued.
That was too much for seven Supreme Court justices. "Confronted with the particularly egregious facts of this case, any reasonable officer should have realized that Taylor's conditions of confinement offended the Constitution," they wrote.


npr--2020-11-02--Sanctuary Immigrants Take Refuge In Texas Church, Watch Election Closely

Among those anxiously watching the U.S. presidential election is a Guatemalan mother and her teenaged son who have taken refuge in a church in Austin , Texas , for the entirety of Donald Trump 's presidency .
Hilda and Iván Ramirez are ensconced in the Sunday school wing of St. Andrews Presbyterian Church , which has given them sanctuary from deportation for more than four and a half years .
The 32-year-old mother and 14-year-old son have chosen this kind of cozy prison because they believe that if they leave church property they 'll be picked up by Immigration and @ @ @ @ @ @ @ not make arrests inside churches , schools and hospitals .
`` It 's hard to have two fears , '' says Ramirez , sitting in the parish hall of the suburban church in north Austin .
`` I 'm afraid they 'll separate me from my son , that immigration agents will come at any minute .
And I 'm afraid of COVID , that I wo n't be able to go to the doctor . ''
As Election Day approaches , millions of immigrants like Ramirez are looking to Joe Biden as @ @ @ @ @ @ @ White House .
Trump promises to continue the crackdown if he wins a second term and warns that Biden would throw open the borders to massive illegal immigration .
Biden pledges to reverse Trump 's harsh immigration restrictions and reenact more lenient Obama-era policies , such as restoring the asylum process and creating a path to citizenship for unauthorized migrants already in the U.S. Biden 's extensive immigration rollback runs to 22 pages .
Ramirez says they fled Ivan 's abusive grandfather in the Mayan highlands of Guatemala five years ago , made @ @ @ @ @ @ @ asked for asylum from the Obama/Biden administration .
When her asylum request was denied , they fled to the safety of the church rather than let ICE remove them .
ICE has `` prosecutorial discretion '' in all deportation cases .
But the agency said in an email that it is charged with `` carrying out the removal decisions made by federal immigration judges . ''
`` Those who have no claim to relief will ultimately be returned to their home country , '' the agency said .
Ramirez says ICE has rejected @ @ @ @ @ @ @ .
And to turn the screw tighter , the agency imposed a civil fine on her for $ 303,000 , eventually lowered to nearly $ 60,000 for failing to depart the United States — a sum she has no way to pay .
`` If I could vote I would prefer Joe Biden , '' she says , `` because , though he has deported lots of people , he was never as bad as Donald Trump , who has divided mothers from their children . ''
In her hopes for a Biden @ @ @ @ @ @ @ of some 50 immigrants who have taken sanctuary in churches across the country and are publicly fighting their removal orders .
And there are millions more .
The list expecting relief from a Biden admnistration includes 11 million migrants who are living in the U.S. illegally , thousands of asylum-seekers waiting in dangerous Mexican border cities for their cases to be heard , and thousands more DACA recipients , plus their parents and siblings .
DACA stands for Deferred Action for Childhood Arrivals , a program started under Obama that gives temporary protection @ @ @ @ @ @ @ to the U.S. illegally as children .
`` There are countless stories like this of people who 've been terrorized because of the highly aggressive , heavy-handed , relentless efforts by this administration to push people out , to deport them , or to make them so afraid that they 'll leave , '' says Angela Kelley , senior advisor at the American Immigration Lawyers Association .
But Kelley adds : `` Expectations need to be kept in check .
This is not a light switch .
It 's not going to be @ @ @ @ @ @ @ the U.S. '' White House aide Stephen Miller — the architect of Trump 's immigration agenda — says if the president gets a second term he will redouble his efforts to restrict the foreign born from coming to America , by further limiting asylum , expanding the travel ban , and slashing work visas .
And he has dire warnings if Biden wins .
`` No country on planet Earth has ever conceived of attempting what Joe Biden is proposing , '' Miller said in a press call with reporters last week .
@ @ @ @ @ @ @ every single illegal immigrant who shows up at your country 's border .
If it were to happen , the working class and middle class of this country would be wiped out .
It 's that dangerous . ''
Meanwhile , back in Austin , Hilda Ramirez — approaching her fifth year living on the church grounds — spends her days sewing COVID masks for the homeless , tending a small garden , and anxiously watching Telemundo for immigration news .
Iván has now lived a third of his life hiding from the @ @ @ @ @ @ @ leave the church to attend public school , before coronavirus restrictions shuttered school doors .
`` I would like to go to see a movie .
I would like to go to play soccer .
I would like to go to a store .
I would like to take a walk in the park .
I would like to go -- I do n't know -- everywhere , '' he says .
Whoever occupies the White House next year , Iván Ramirez says he hopes the government will let him and his mother @ @ @ @ @ @ @ normal lives .

Sanctuary Immigrants Take Refuge In Texas Church, Watch Election Closely
Enlarge this image toggle caption John Burnett/NPR John Burnett/NPR
Among those anxiously watching the U.S. presidential election is a Guatemalan mother and her teenaged son who have taken refuge in a church in Austin, Texas, for the entirety of Donald Trump's presidency.
Hilda and Iván Ramirez are ensconced in the Sunday school wing of St. Andrews Presbyterian Church, which has given them sanctuary from deportation for more than four and a half years.
The 32-year-old mother and 14-year-old son have chosen this kind of cozy prison because they believe that if they leave church property they'll be picked up by Immigration and Customs Enforcement. ICE agents generally do not make arrests inside churches, schools and hospitals.
"It's hard to have two fears," says Ramirez, sitting in the parish hall of the suburban church in north Austin. "I'm afraid they'll separate me from my son, that immigration agents will come at any minute. And I'm afraid of COVID, that I won't be able to go to the doctor."
National Central American Families Fear Deportation As Raids Begin Central American Families Fear Deportation As Raids Begin Listen · 3:53 3:53
As Election Day approaches, millions of immigrants like Ramirez are looking to Joe Biden as a savior if he gets in the White House. Trump promises to continue the crackdown if he wins a second term and warns that Biden would throw open the borders to massive illegal immigration.
Biden pledges to reverse Trump's harsh immigration restrictions and reenact more lenient Obama-era policies, such as restoring the asylum process and creating a path to citizenship for unauthorized migrants already in the U.S. Biden's extensive immigration rollback runs to 22 pages.
Ramirez says they fled Ivan's abusive grandfather in the Mayan highlands of Guatemala five years ago, made it to the Texas border, and asked for asylum from the Obama/Biden administration. When her asylum request was denied, they fled to the safety of the church rather than let ICE remove them.
ICE has "prosecutorial discretion" in all deportation cases. But the agency said in an email that it is charged with "carrying out the removal decisions made by federal immigration judges."
"Those who have no claim to relief will ultimately be returned to their home country," the agency said.
Ramirez says ICE has rejected every stay of deportation she has sought. And to turn the screw tighter, the agency imposed a civil fine on her for $303,000, eventually lowered to nearly $60,000 for failing to depart the United States — a sum she has no way to pay.
"If I could vote I would prefer Joe Biden," she says, "because, though he has deported lots of people, he was never as bad as Donald Trump, who has divided mothers from their children."
In her hopes for a Biden victory, Ramirez is articulating the aspirations of some 50 immigrants who have taken sanctuary in churches across the country and are publicly fighting their removal orders. And there are millions more.
Law Federal Court Blocks 'Remain In Mexico' Program For Central American Asylum-Seekers Federal Court Blocks 'Remain In Mexico' Program For Central American Asylum Seekers Listen · 3:56 3:56
The list expecting relief from a Biden admnistration includes 11 million migrants who are living in the U.S. illegally, thousands of asylum-seekers waiting in dangerous Mexican border cities for their cases to be heard, and thousands more DACA recipients, plus their parents and siblings. DACA stands for Deferred Action for Childhood Arrivals, a program started under Obama that gives temporary protection from deportation to immigrants who were brought to the U.S. illegally as children.
"There are countless stories like this of people who've been terrorized because of the highly aggressive, heavy-handed, relentless efforts by this administration to push people out, to deport them, or to make them so afraid that they'll leave," says Angela Kelley, senior advisor at the American Immigration Lawyers Association.
But Kelley adds: "Expectations need to be kept in check. This is not a light switch. It's not going to be flipped and everybody gets to come to the U.S."
White House aide Stephen Miller — the architect of Trump's immigration agenda — says if the president gets a second term he will redouble his efforts to restrict the foreign born from coming to America, by further limiting asylum, expanding the travel ban, and slashing work visas. And he has dire warnings if Biden wins.
"No country on planet Earth has ever conceived of attempting what Joe Biden is proposing," Miller said in a press call with reporters last week. "The idea that you would release every single illegal immigrant who shows up at your country's border. If it were to happen, the working class and middle class of this country would be wiped out. It's that dangerous."
Meanwhile, back in Austin, Hilda Ramirez — approaching her fifth year living on the church grounds — spends her days sewing COVID masks for the homeless, tending a small garden, and anxiously watching Telemundo for immigration news.
Enlarge this image toggle caption John Burnett/NPR John Burnett/NPR
Iván has now lived a third of his life hiding from the U.S. government. He was able to leave the church to attend public school, before coronavirus restrictions shuttered school doors.
"I would like to go to see a movie. I would like to go to play soccer. I would like to go to a store. I would like to take a walk in the park. I would like to go--I don't know--everywhere," he says.
Whoever occupies the White House next year, Iván Ramirez says he hopes the government will let him and his mother stay in the United States and have normal lives.


npr--2020-11-02--'More Conservative Than Attila The Hun': Kelly Loeffler's Push To Keep Senate Seat

'More Conservative Than Attila The Hun ' : Kelly Loeffler 's Push To Keep Senate Seat How conservative do you have to be to keep a Georgia Senate seat ?
`` More conservative than Attila the Hun , '' is what incumbent Republican Kelly Loeffler advertises .
Georgia Gov .
Brian Kemp appointed Loeffler to replace Republican Sen. Johnny Isakson who resigned at the end of last year , citing health reasons .
Now she 's running in a crowded special election to serve out the remaining two years of Isakson 's term .
Loeffler is a wealthy businesswoman and @ @ @ @ @ @ @ .
She 's the former CEO of a subsidiary of Intercontinental Exchange , owned by her husband .
And she co-owns the WNBA franchise , the Atlanta Dream .
But out on the campaign trail in Buford , Ga. , Loeffler wears jeans and a red checkered shirt , playing up her rural roots growing up on her family 's farm .
She promises to deliver on conservative values — curtailing abortion , for instance , and calling for law and order .
`` I will always fight for the unborn , and @ @ @ @ @ @ @ radical left and the cancel culture , '' she says .
`` You can see what 's happening in our country today .
You 've got anarchy .
You 've got mob rule . ''
She 's critical of Black Lives Matter , and objected to the WNBA 's support for the movement , calling for players to instead have U.S. flags on their jerseys .
She talks about it in her campaign speech .
`` I was the only sports team owner to speak out on this particular issue , '' Loeffler @ @ @ @ @ @ @ it was suggested I should lose my team , my business , my seat in the Senate . ''
Loeffler 's biggest argument is that she 's with President Trump 100 % .
Then , she takes aim at the other top Republican on the ballot , Congressman Doug Collins of north Georgia .
`` He 's one of the most liberal republicans in the House of Representatives , '' Loeffler alleges .
For his part , Collins argues he 's the `` trusted Trump defender '' in Congress , and uses a @ @ @ @ @ @ @ financial scandal .
`` She 's desperate to hide the fact that as the owner of the New York Stock Exchange , she spent $ 30 million trying to buy a Senate seat , '' Collins says in the ad .
`` After a private coronavirus briefing , she dumped millions in stock .
She profited off a pandemic while too many Georgians lost everything . ''
'Focused on the voters of Georgia' But this is no party primary .
It 's an open election with 20 candidates from all parties on the @ @ @ @ @ @ @ hope that Georgia is now swing state territory .
Both presidential candidates have campaigned here recently , a rarity in a state where Republicans have long dominated federal races .
The GOP battle between Loeffler and Collins clears a path for the top Democrat in the Senate contest , Raphael Warnock .
`` The other side is having an interesting little fight , '' Warnock says .
`` We 'll let them take care of that , and I 'll be focused on the voters of Georgia . ''
Warnock is the well-known @ @ @ @ @ @ @ Baptist Church , where Martin Luther King , Jr. preached .
Democrats see an opportunity to flip Georgia in part because the state has added more than a million new registered voters since 2016 .
And nearly two thirds of them are people of color .
Now the party is trying to make sure they actually vote .
At a GOTV event last Tuesday in predominantly African-American Jonesboro , Ga. , local politicians chanted `` seal the deal , go vote '' ahead of speeches from the rapper Common and Democratic Senate candidates @ @ @ @ @ @ @ incumbent David Perdue , and Raphael Warnock .
`` We say to America , witness the new south , '' Warnock tells the crowd .
`` Georgia is the tip of the spear of a new south that is more inclusive , that is bold , that is forward looking . ''
Warnock says he wants to expand Medicaid , and remove barriers to voter participation .
He supports Black Lives Matter .
`` Kelly Loeffler may have the privilege of playing politics with this issue , '' he says .
`` But @ @ @ @ @ @ @ issue of police brutality is real and it 's a matter of life and death . ''
Picking up lunch nearby , flight attendant Nicol Harris says she voted for Warnock because she likes the idea of a pastor instead of more divisive politics .
`` We need some change , '' she says .
`` There 's no compassion for anybody or anything .
And that 's not what we 're built on .
That 's not what we 're about . ''
If no one gets more than 50 % of @ @ @ @ @ @ @ will advance to a runoff in January .
Rep. Doug Collins ' supporter Debbie Dooley says if he does n't make it , and Loeffler is on the ballot , she will sit it out , and risk a Democrat winning .
`` I just ca n't vote for her , '' says Dooley , president of the Georgia Tea Party .
Dooley has come to a street corner outside Joe Biden 's rally in Atlanta to wave Trump flags at passersby .
Dooley says she 's been a Republican activist since the @ @ @ @ @ @ @ party at all costs .
`` If she 's in the runoff , I ca n't vote for a Democrat , '' Dooley says .
`` But I just ca n't vote because if you vote for the lesser of the evils , you 're still voting for evil . ''

'More Conservative Than Attila The Hun': Kelly Loeffler's Push To Keep Senate Seat
Enlarge this image toggle caption Debbie Elliott/NPR Debbie Elliott/NPR
How conservative do you have to be to keep a Georgia Senate seat?
"More conservative than Attila the Hun," is what incumbent Republican Kelly Loeffler advertises.
Georgia Gov. Brian Kemp appointed Loeffler to replace Republican Sen. Johnny Isakson who resigned at the end of last year, citing health reasons. Now she's running in a crowded special election to serve out the remaining two years of Isakson's term.
Loeffler is a wealthy businesswoman and political donor with no prior political experience. She's the former CEO of a subsidiary of Intercontinental Exchange, owned by her husband. And she co-owns the WNBA franchise, the Atlanta Dream.
But out on the campaign trail in Buford, Ga., Loeffler wears jeans and a red checkered shirt, playing up her rural roots growing up on her family's farm. She promises to deliver on conservative values — curtailing abortion, for instance, and calling for law and order.
"I will always fight for the unborn, and I will always stand up against the radical left and the cancel culture," she says. "You can see what's happening in our country today. You've got anarchy. You've got mob rule."
She's critical of Black Lives Matter, and objected to the WNBA's support for the movement, calling for players to instead have U.S. flags on their jerseys. She talks about it in her campaign speech.
YouTube
'Trusted Trump defender'
"I was the only sports team owner to speak out on this particular issue," Loeffler says. "And for that, it was suggested I should lose my team, my business, my seat in the Senate."
Loeffler's biggest argument is that she's with President Trump 100%. Then, she takes aim at the other top Republican on the ballot, Congressman Doug Collins of north Georgia.
"He's one of the most liberal republicans in the House of Representatives," Loeffler alleges.
For his part, Collins argues he's the "trusted Trump defender" in Congress, and uses a campaign ad to play up a Loeffler financial scandal.
"She's desperate to hide the fact that as the owner of the New York Stock Exchange, she spent $30 million trying to buy a Senate seat," Collins says in the ad. "After a private coronavirus briefing, she dumped millions in stock. She profited off a pandemic while too many Georgians lost everything."
'Focused on the voters of Georgia'
But this is no party primary. It's an open election with 20 candidates from all parties on the ballot in a year where Democrats have hope that Georgia is now swing state territory. Both presidential candidates have campaigned here recently, a rarity in a state where Republicans have long dominated federal races.
The GOP battle between Loeffler and Collins clears a path for the top Democrat in the Senate contest, Raphael Warnock.
"The other side is having an interesting little fight," Warnock says. "We'll let them take care of that, and I'll be focused on the voters of Georgia."
Warnock is the well-known Black pastor of Atlanta's storied Ebenezer Baptist Church, where Martin Luther King, Jr. preached.
Democrats see an opportunity to flip Georgia in part because the state has added more than a million new registered voters since 2016. And nearly two thirds of them are people of color. Now the party is trying to make sure they actually vote.
At a GOTV event last Tuesday in predominantly African-American Jonesboro, Ga., local politicians chanted "seal the deal, go vote" ahead of speeches from the rapper Common and Democratic Senate candidates Jon Ossoff, who is challenging Republican incumbent David Perdue, and Raphael Warnock.
Enlarge this image toggle caption Debbie Elliott/NPR Debbie Elliott/NPR
"We say to America, witness the new south," Warnock tells the crowd.
"Georgia is the tip of the spear of a new south that is more inclusive, that is bold, that is forward looking."
Warnock says he wants to expand Medicaid, and remove barriers to voter participation. He supports Black Lives Matter.
"Kelly Loeffler may have the privilege of playing politics with this issue," he says. "But I come from a community where the issue of police brutality is real and it's a matter of life and death."
Picking up lunch nearby, flight attendant Nicol Harris says she voted for Warnock because she likes the idea of a pastor instead of more divisive politics.
"We need some change," she says. "There's no compassion for anybody or anything. And that's not what we're built on. That's not what we're about."
If no one gets more than 50% of the vote, the Georgia Senate race will advance to a runoff in January.
Enlarge this image toggle caption Debbie Elliott/NPR Debbie Elliott/NPR
Rep. Doug Collins' supporter Debbie Dooley says if he doesn't make it, and Loeffler is on the ballot, she will sit it out, and risk a Democrat winning.
"I just can't vote for her," says Dooley, president of the Georgia Tea Party. Dooley has come to a street corner outside Joe Biden's rally in Atlanta to wave Trump flags at passersby.
Dooley says she's been a Republican activist since the 1970s, but won't vote her party at all costs.
"If she's in the runoff, I can't vote for a Democrat," Dooley says. "But I just can't vote because if you vote for the lesser of the evils, you're still voting for evil."


npr--2020-11-02--How To Lose An Election: A Brief History Of The Presidential Concession Speech

How To Lose An Election : A Brief History Of The Presidential Concession Speech Presidential campaigns are essentially dramas , and for the past century , the moment of closure has come in the form of one simple act : the public concession .
There is no legal or constitutional requirement that the loser of a U.S. presidential election must concede .
It began as a simple courtesy , with a telegram that William Jennings Bryan sent to his opponent , William McKinley , two days after the election of 1896 .
Those two sentences are considered to be the @ @ @ @ @ @ @ .
The tradition has continued — in some form or another — in every election since .
Al Smith gave the first radio concession in 1928 , after losing to Herbert Hoover .
In 1940 , moviegoers watched Wendell Willkie concede to Franklin D. Roosevelt in a newsreel .
After losing to Dwight D. Eisenhower in 1952 , Adlai Stevenson gave his concession on live television .
Over the past 120 years , there have been 32 concession speeches .
And there 's a template , a roadmap that candidates follow for the @ @ @ @ @ @ @ to give , says Paul Corcoran , a professor at the University of Adelaide in Australia and a political theorist who studies U.S. presidential campaigns .
The statement of defeat : Although they never use the word `` defeat , '' a candidate will acknowledge their opponent 's victory and congratulate them .
The call to unite : In a show of bipartisanship , a candidate will express support for their former opponent and call for unity under their leadership .
The celebration of democracy : The candidate reflects on the power of @ @ @ @ @ @ @ voters who participated in the election process .
The vow to continue the fight : The loser speaks about the importance of the issues raised in the campaign and the policies their party stands for .
They promise to continue fighting toward these goals and urge their supporters to do so as well .
Corcoran says that you can often learn more about someone by how they lose , rather than by how they win .
It 's an opportunity for the loser to take the stage and convert loss into honor .
@ @ @ @ @ @ @ speech went a step further than the standard template .
He acknowledged that the victory of his opponent , Barack Obama , ushered in a historic moment : the election of the country 's first African American president .
But maybe , the most dramatic concession in U.S. history was in 2000 , part of a political saga that played out over 35 days .
After a remarkably close election , Al Gore called George W. Bush to concede — only to call less than an hour later to retract that concession .
@ @ @ @ @ @ @ and a recount began .
The legal battle landed in the U.S. Supreme Court , which ruled against Gore in Bush v. Gore .
On Dec. 13 , 2000 , then-Vice President Gore conceded again .
There is no law that says a concession has to happen .
It 's just a custom , a tradition .
But as elections get messier and uglier , and voters are polarized , Corcoran says a public concession is more important than ever .
`` The whole campaign is a formalized warfare , '' he says @ @ @ @ @ @ @ the concession speech , the more I realized that it 's an important political function .
There needs to be a ceremonial recognition of an end . ''
Ultimately , the concession is n't about the losing candidate accepting the loss , it 's about their supporters accepting it .
Corcoran compares it to a Shakespearean drama .
At the end , there 's a soliloquy or epilogue , usually given by a character standing over the fallen , strewn across the stage .
The epilogue pronounces the scale of the tragedy , @ @ @ @ @ @ @ community can heal the wounds and restore harmony .
Shakespeare , says Corcoran , would have known how to write a good concession speech .
This story was produced by Joe Richman of Radio Diaries with help from Nellie Gilles , and edited by Deborah George and Ben Shapiro .
Thanks to Scott Farris , author of Almost President : The Men Who Lost the Race But Changed the Nation .
To hear more stories from Radio Diaries , subscribe to their podcast at www.radiodiaries.org .

How To Lose An Election: A Brief History Of The Presidential Concession Speech
Enlarge this image toggle caption Bettmann / Bettmann Archive Bettmann / Bettmann Archive
Presidential campaigns are essentially dramas, and for the past century, the moment of closure has come in the form of one simple act: the public concession.
There is no legal or constitutional requirement that the loser of a U.S. presidential election must concede. It began as a simple courtesy, with a telegram that William Jennings Bryan sent to his opponent, William McKinley, two days after the election of 1896.
Lincoln, Neb., November 5. Hon. Wm. McKinley, Canton, Ohio: Senator Jones has just informed me that the returns indicate your election, and I hasten to extend my congratulations. We have submitted the issue to the American people and their will is law. W.J. Bryan
Those two sentences are considered to be the first public concession in U.S. presidential politics. The tradition has continued — in some form or another — in every election since.
History History's Best Victory And Concession Speeches History's Best Victory And Concession Speeches Listen · 16:53 16:53
Al Smith gave the first radio concession in 1928, after losing to Herbert Hoover. In 1940, moviegoers watched Wendell Willkie concede to Franklin D. Roosevelt in a newsreel. After losing to Dwight D. Eisenhower in 1952, Adlai Stevenson gave his concession on live television.
Over the past 120 years, there have been 32 concession speeches.
And there's a template, a roadmap that candidates follow for the speech they hoped they'd never have to give, says Paul Corcoran, a professor at the University of Adelaide in Australia and a political theorist who studies U.S. presidential campaigns.
The template includes four elements:
The statement of defeat: Although they never use the word "defeat," a candidate will acknowledge their opponent's victory and congratulate them.
I've sent the following wire to President Truman. My heartiest congratulations to you on your election and every good wish for a successful administration. — Thomas Dewey (1948), after his loss to Harry S. Truman
The call to unite: In a show of bipartisanship, a candidate will express support for their former opponent and call for unity under their leadership.
I have great faith that our people, Republicans, Democrats alike, will unite behind our next president. — Richard Nixon (1960), after his loss to John F. Kennedy
Enlarge this image toggle caption Andrew Harnik/AP Andrew Harnik/AP
The celebration of democracy: The candidate reflects on the power of a democratic system and the millions of voters who participated in the election process.
I have a deep appreciation of the system, however, that lets people make a free choice about who will lead them for the next four years. — Jimmy Carter (1980), after his loss to Ronald Reagan Our constitutional democracy enshrines the peaceful transfer of power. We don't just respect that. We cherish it. — Hillary Clinton (2016), after her loss to Donald Trump
The vow to continue the fight: The loser speaks about the importance of the issues raised in the campaign and the policies their party stands for. They promise to continue fighting toward these goals and urge their supporters to do so as well.
I shall continue my personal commitment to the cause of human rights, to peace and to the betterment of man. — Hubert Humphrey (1968), after his loss to Richard Nixon
Corcoran says that you can often learn more about someone by how they lose, rather than by how they win. It's an opportunity for the loser to take the stage and convert loss into honor.
In 2008, John McCain's concession speech went a step further than the standard template. He acknowledged that the victory of his opponent, Barack Obama, ushered in a historic moment: the election of the country's first African American president.
YouTube
But maybe, the most dramatic concession in U.S. history was in 2000, part of a political saga that played out over 35 days.
After a remarkably close election, Al Gore called George W. Bush to concede — only to call less than an hour later to retract that concession. Gore contested the election results in Florida and a recount began.
The legal battle landed in the U.S. Supreme Court, which ruled against Gore in Bush v. Gore. On Dec. 13, 2000, then-Vice President Gore conceded again.
YouTube
There is no law that says a concession has to happen. It's just a custom, a tradition. But as elections get messier and uglier, and voters are polarized, Corcoran says a public concession is more important than ever.
"The whole campaign is a formalized warfare," he says. "The more I looked at the concession speech, the more I realized that it's an important political function. There needs to be a ceremonial recognition of an end."
Ultimately, the concession isn't about the losing candidate accepting the loss, it's about their supporters accepting it.
Corcoran compares it to a Shakespearean drama. At the end, there's a soliloquy or epilogue, usually given by a character standing over the fallen, strewn across the stage. The epilogue pronounces the scale of the tragedy, and how by bearing witness, the community can heal the wounds and restore harmony.
Shakespeare, says Corcoran, would have known how to write a good concession speech.
This story was produced by Joe Richman of Radio Diaries with help from Nellie Gilles, and edited by Deborah George and Ben Shapiro. Thanks to Scott Farris, author of Almost President: The Men Who Lost the Race But Changed the Nation. To hear more stories from Radio Diaries, subscribe to their podcast at www.radiodiaries.org.


npr--2020-11-02--A New Rule Means Some People With Wheelchairs Can't Fly On American Airlines

A New Rule Means Some People With Wheelchairs Ca n't Fly On American Airlines John Morris calls himself an `` aviation geek . ''
He 's a frequent flyer who , in his power wheelchair , has traveled to 46 countries .
His goal is to visit every country .
`` I love air travel , '' he says .
From takeoff and to the way the engines cut off right before touchdown , `` that joy that I get from that is just so incredible . ''
After a car crash in 2012 that resulted in a triple amputation @ @ @ @ @ @ @ started a website called Wheelchair Travel and hosts a travel podcast .
Now a new policy from one airline could limit the ability of some people such as Morris to fly .
American Airlines , the largest airline in the United States , put in place a limit on the weight of a wheelchair , and now many power wheelchairs , such as the one Morris uses , are deemed too heavy to fly on smaller regional jets .
Morris was headed to the American West on Oct. 21 to write stories for @ @ @ @ @ @ @ his first trip since March .
But at his airport in Gainesville , Florida , he was turned away .
His wheelchair , with its motor and batteries , weighs more than 400 pounds .
The new weight limit — there had n't been one before — was 300 pounds for the jet he was booked to fly .
At the airport , Morris checked with other airlines and was told they had not added weight limits for wheelchairs .
Morris filed a complaint with American Airlines and quickly got back a written @ @ @ @ @ @ @ be loaded on the aircraft due to the weight limitations and the passenger could not leave the wheelchair behind , so he was denied boarding for the flight . ''
Morris says he could not find the policy on American 's website but a representative he spoke to on the phone said the new weight limit began in June .
`` She told me that the airline had implemented this new policy because they were damaging a large number of power wheelchairs loading them onto regional aircraft , '' according to Morris .
@ @ @ @ @ @ @ my wheelchair , they were no longer willing to accept it on board . ''
In 2018 , the federal government started requiring an airline to report every time it damaged or lost a wheelchair .
It turned out that was happening about 25 to 30 times a day — at least , before air travel fell during the coronavirus .
American Airlines has often had one of the worst rankings on those lists of airlines that damage or lose wheelchairs .
In the most recent report from the Department of Transportation , @ @ @ @ @ @ @ of the wheelchairs and scooters it carried , ranking 16th of 17 airlines and only ahead of Spirit Airlines , which mishandled 3.57 % .
Stacy Day , a spokesperson for American Airlines , told NPR that the new rule , which bars wheelchairs that weigh more than 300 pounds from the smaller regional jets , was a safety issue — to meet the cargo requirements of the aircraft .
`` We do everything we can to safely accommodate mobility devices across our operation , '' the spokesperson wrote .
`` Each aircraft @ @ @ @ @ @ @ door dimension restrictions that are established by the aircraft manufacturer . ''
`` My wheelchair has been carried on this exact flight on this same aircraft at the same airline so many times .
Nothing has changed , '' he says .
`` Not on the wheelchair 's part .
The aircraft has n't changed .
The only thing that has changed is that the airline has made a decision to exclude me . ''
The weight of a power wheelchair varies and is determined by components including batteries , motors , seating @ @ @ @ @ @ @ tilt — which helps someone who ca n't move avoid painful skin ulcers — and other components .
`` A complex power wheelchair could start around 230 pounds and go up to 400 pounds or more , '' says Donald Clayback , executive director of the National Coalition for Assistive and Rehab Technology .
A federal law , the Air Carrier Access Act , says an airline can not refuse to take a passenger on the basis of his disability .
Kenneth Shiotani , an attorney with the National Disability Rights Network , @ @ @ @ @ @ @ regulations around that act and said he believes a weight limit on wheelchairs violates the act .
An airline can limit a wheelchair , based on size , if it does n't fit through a plane 's cargo doors .
Morris lists those cargo door sizes on his website , Wheelchair Travel , so travelers can know in advance whether they need to modify a chair or use a different one before a flight .
He knew , for instance , that the door on the Canadair Regional Jet model he was flying @ @ @ @ @ @ @ , large enough to take his wheelchair .
`` We 're worried that if this really is a policy of not taking 300-pound wheelchairs , the vast majority of power wheelchair users are not going to be able to fly , '' Shiotani says .
`` The batteries weigh a lot , the motors weigh a lot .
They 're kind of heavy . ''
Clayback says , `` A limit of only 300 pounds will compromise access for people with disabilities who rely on more complex power wheelchairs .
I 'd estimate @ @ @ @ @ @ @ people in the United States who use a complex power wheelchair that weighs over 300 pounds . ''
Most of those people , he estimates , do n't travel by jet .
But still , he says , at least tens of thousands do .
That travel is often essential , says Lee Page of the Paralyzed Veterans of America .
`` He needs to get there for job opportunities , or get there because of family emergency or get there because he 's got a health appointment , '' Page says .
@ @ @ @ @ @ @ only way to get to that destination might be that flight . ''
Morris was traveling on Oct. 21 to New Mexico , South Dakota and Las Vegas to write stories for his website .
Then he planned to travel on to Salt Lake City , where the city hired him to write a travel guide for wheelchair users .
After NPR asked American Airlines about the limit , the airline 's spokesperson said the restriction would remain in place .
But she said the airline had offered Morris an `` apology '' @ @ @ @ @ @ @ American said it would take the batteries off his wheelchair .
That might get the chair under the 300-pound weight limit .
Day said the airline will work with passengers `` on a case-by-case basis '' and that `` in some instances , removing the batteries , which can weigh up to 50 pounds each , is a solution . ''
It may be a face-saving solution since the wheelchair and the batteries would weigh the same in the cargo hold .
And also a time-consuming one that could lead to more reports @ @ @ @ @ @ @ get reassembled properly .
On Wednesday , Morris got to fly again .
It took staff at American Airlines at the Gainesville airport forty-five minutes , he reports , to take the wheelchair apart .
He brought the owner 's manual and staff pulled up YouTube videos on how to take off the batteries , Morris says .
At his next destination , where he had a stopover before transferring to a larger jet , he says workers were confused why the chair had been taken apart and asked him to put the @ @ @ @ @ @ @ said , ' I 'm a triple amputee with one hand .
I ca n't put these 40- , 50-pound batteries in the wheelchair and assemble it .
All I can do is provide you with the instructions . '
`` The chair was reassembled , and he got to his final destination , with one small part broken , Morris reports .
But the hassle tested some of his love for airline adventure .
`` That has really impacted my enjoyment of travel , '' he says after he arrived at this @ @ @ @ @ @ @ also it 's made traveling with my wheelchair significantly harder . ''

A New Rule Means Some People With Wheelchairs Can't Fly On American Airlines
Enlarge this image toggle caption Andrea Morris Andrea Morris
Updated on Friday, Nov. 6, 2020, at 3:30 pm ET:
After this article was published, a spokesperson for American Airlines told NPR in a statement that the airline is reviewing its weight limit on wheelchairs: "We apologize for the confusion and will ensure all customers can travel wherever American flies."
John Morris calls himself an "aviation geek." He's a frequent flyer who, in his power wheelchair, has traveled to 46 countries. His goal is to visit every country.
"I love air travel," he says. From takeoff and to the way the engines cut off right before touchdown, "that joy that I get from that is just so incredible."
After a car crash in 2012 that resulted in a triple amputation, Morris kept flying. He also started a website called Wheelchair Travel and hosts a travel podcast.
Now a new policy from one airline could limit the ability of some people such as Morris to fly. American Airlines, the largest airline in the United States, put in place a limit on the weight of a wheelchair, and now many power wheelchairs, such as the one Morris uses, are deemed too heavy to fly on smaller regional jets.
Morris was headed to the American West on Oct. 21 to write stories for his website. It was to be his first trip since March.
But at his airport in Gainesville, Florida, he was turned away. His wheelchair, with its motor and batteries, weighs more than 400 pounds. The new weight limit — there hadn't been one before — was 300 pounds for the jet he was booked to fly. At the airport, Morris checked with other airlines and was told they had not added weight limits for wheelchairs.
Morris filed a complaint with American Airlines and quickly got back a written response: "The wheelchair could not be loaded on the aircraft due to the weight limitations and the passenger could not leave the wheelchair behind, so he was denied boarding for the flight."
Morris says he could not find the policy on American's website but a representative he spoke to on the phone said the new weight limit began in June. "She told me that the airline had implemented this new policy because they were damaging a large number of power wheelchairs loading them onto regional aircraft," according to Morris. "And that in order to protect my wheelchair, they were no longer willing to accept it on board."
In 2018, the federal government started requiring an airline to report every time it damaged or lost a wheelchair. It turned out that was happening about 25 to 30 times a day — at least, before air travel fell during the coronavirus.
American Airlines has often had one of the worst rankings on those lists of airlines that damage or lose wheelchairs. In the most recent report from the Department of Transportation, for July, American mishandled 1.95% of the wheelchairs and scooters it carried, ranking 16th of 17 airlines and only ahead of Spirit Airlines, which mishandled 3.57%.
Stacy Day, a spokesperson for American Airlines, told NPR that the new rule, which bars wheelchairs that weigh more than 300 pounds from the smaller regional jets, was a safety issue — to meet the cargo requirements of the aircraft. "We do everything we can to safely accommodate mobility devices across our operation," the spokesperson wrote. "Each aircraft type has specific cargo floor weight and door dimension restrictions that are established by the aircraft manufacturer."
To Morris, that didn't make sense.
"My wheelchair has been carried on this exact flight on this same aircraft at the same airline so many times. Nothing has changed," he says. "Not on the wheelchair's part. The aircraft hasn't changed. The only thing that has changed is that the airline has made a decision to exclude me."
Enlarge this image toggle caption John Morris John Morris
The weight of a power wheelchair varies and is determined by components including batteries, motors, seating and systems that allow a wheelchair to tilt — which helps someone who can't move avoid painful skin ulcers — and other components. "A complex power wheelchair could start around 230 pounds and go up to 400 pounds or more," says Donald Clayback, executive director of the National Coalition for Assistive and Rehab Technology.
A federal law, the Air Carrier Access Act, says an airline cannot refuse to take a passenger on the basis of his disability. Kenneth Shiotani, an attorney with the National Disability Rights Network, looked through the Department of Transportation's regulations around that act and said he believes a weight limit on wheelchairs violates the act.
An airline can limit a wheelchair, based on size, if it doesn't fit through a plane's cargo doors. Morris lists those cargo door sizes on his website, Wheelchair Travel, so travelers can know in advance whether they need to modify a chair or use a different one before a flight. He knew, for instance, that the door on the Canadair Regional Jet model he was flying has a cargo door 33 inches high, large enough to take his wheelchair.
"We're worried that if this really is a policy of not taking 300-pound wheelchairs, the vast majority of power wheelchair users are not going to be able to fly," Shiotani says. "The batteries weigh a lot, the motors weigh a lot. They're kind of heavy."
Clayback says, "A limit of only 300 pounds will compromise access for people with disabilities who rely on more complex power wheelchairs. I'd estimate there are at least 250,000 to 300,000 people in the United States who use a complex power wheelchair that weighs over 300 pounds."
Most of those people, he estimates, don't travel by jet. But still, he says, at least tens of thousands do.
That travel is often essential, says Lee Page of the Paralyzed Veterans of America. "He needs to get there for job opportunities, or get there because of family emergency or get there because he's got a health appointment," Page says. "And in some cases, the only way to get to that destination might be that flight."
Morris was traveling on Oct. 21 to New Mexico, South Dakota and Las Vegas to write stories for his website. Then he planned to travel on to Salt Lake City, where the city hired him to write a travel guide for wheelchair users.
After NPR asked American Airlines about the limit, the airline's spokesperson said the restriction would remain in place. But she said the airline had offered Morris an "apology" and an accommodation: Next time, American said it would take the batteries off his wheelchair. That might get the chair under the 300-pound weight limit.
Day said the airline will work with passengers "on a case-by-case basis" and that "in some instances, removing the batteries, which can weigh up to 50 pounds each, is a solution."
It may be a face-saving solution since the wheelchair and the batteries would weigh the same in the cargo hold. And also a time-consuming one that could lead to more reports of damage if the batteries don't get reassembled properly.
On Wednesday, Morris got to fly again. It took staff at American Airlines at the Gainesville airport forty-five minutes, he reports, to take the wheelchair apart.
He brought the owner's manual and staff pulled up YouTube videos on how to take off the batteries, Morris says.
At his next destination, where he had a stopover before transferring to a larger jet, he says workers were confused why the chair had been taken apart and asked him to put the batteries back on himself. "I said, 'I'm a triple amputee with one hand. I can't put these 40-, 50-pound batteries in the wheelchair and assemble it. All I can do is provide you with the instructions.' "
The chair was reassembled, and he got to his final destination, with one small part broken, Morris reports. But the hassle tested some of his love for airline adventure. "That has really impacted my enjoyment of travel," he says after he arrived at this hotel in Las Vegas, "and also it's made traveling with my wheelchair significantly harder."


npr--2020-11-02--Saved By The Whale: Dutch Train Runs Off Elevated Tracks, Is Caught By Statue's Tail

Saved By The Whale : Dutch Train Runs Off Elevated Tracks , Is Caught By Statue 's Tail A Dutch train burst past the end of its elevated tracks Monday in the Netherlands .
But instead of crashing to the ground 30 feet below , the metro train was caught — held aloft by an artist 's massive sculpture of a whale 's tail .
Despite some damage , no injuries or deaths were reported .
The sculpture at the end of the tracks was given a prescient name : `` Saved by the Whale 's Tail , '' according @ @ @ @ @ @ @ in 2002 , installed at the De Akkers station in Spijkenisse , a city just outside Rotterdam .
It 's unclear why the train did n't stop .
The partial derailment is under investigation , and the train driver was the only person on board , according to The Associated Press .
The driver was questioned by police and sent home , the local emergency service said Monday afternoon .
The train will spend the night on the whale 's tail .
On Tuesday morning , workers will attempt to lift the train @ @ @ @ @ @ @ authorities said .
`` It 's like the scene of a Hollywood movie , '' said Ruud Natrop , a spokesman for safety in the Rotterdam-Rijnmond area , according to The New York Times .
`` Thank God the tail was there . ''
The architect who created the sculpture , Maarten Struijs , was shocked it held up .
`` I am amazed that it is so strong , '' Struijs said , according to The Guardian .
`` When plastic has stood for 20 years , you do n't expect it @ @ @ @ @ @ @ '' Reese Oxner is an intern on NPR 's News Desk .

Saved By The Whale: Dutch Train Runs Off Elevated Tracks, Is Caught By Statue's Tail
Enlarge this image toggle caption Robin Utrecht/ANP/AFP via Getty Images Robin Utrecht/ANP/AFP via Getty Images
A Dutch train burst past the end of its elevated tracks Monday in the Netherlands.
But instead of crashing to the ground 30 feet below, the metro train was caught — held aloft by an artist's massive sculpture of a whale's tail. Despite some damage, no injuries or deaths were reported.
The sculpture at the end of the tracks was given a prescient name: "Saved by the Whale's Tail," according to France 24. It was built in 2002, installed at the De Akkers station in Spijkenisse, a city just outside Rotterdam.
It's unclear why the train didn't stop. The partial derailment is under investigation, and the train driver was the only person on board, according to The Associated Press.
The driver was questioned by police and sent home, the local emergency service said Monday afternoon.
The train will spend the night on the whale's tail. On Tuesday morning, workers will attempt to lift the train to safety by using slings, local authorities said.
"It's like the scene of a Hollywood movie," said Ruud Natrop, a spokesman for safety in the Rotterdam-Rijnmond area, according to The New York Times. "Thank God the tail was there."
The architect who created the sculpture, Maarten Struijs, was shocked it held up.
"I am amazed that it is so strong," Struijs said, according to The Guardian. "When plastic has stood for 20 years, you don't expect it to hold up a metro train."
Reese Oxner is an intern on NPR's News Desk.


npr--2020-11-02--Federal Judge Dismisses Effort To Throw Out Drive-Through Votes In Houston

Federal Judge Dismisses Effort To Throw Out Drive-Through Votes In Houston U.S. District Court Judge Andrew Hanen on Monday threw out a suit challenging the legality of some 127,000 votes cast at drive-through voting sites in the Houston area .
He ruled the plaintiffs do n't have legal standing to sue .
Harris County , Texas ' most populous county and majority-Democratic , erected 10 drive-through sites , mostly tents , to expedite the early voting process as a way of allowing people to cast ballots safely during the coronavirus pandemic .
They were also in place this summer before @ @ @ @ @ @ @ point , Hanen , a George W. Bush appointee , asked plaintiffs , `` Why am I just getting this case ? ''
He later said that the suit was not timely and that `` this has been going on all summer . ''
The suit was brought by Republican activists , who argued the move by Harris County Clerk Chris Hollins , a Democrat , was an illegal expansion of curbside voting , which is permitted under Texas law .
Hanen said that if he found the plaintiffs did have standing , @ @ @ @ @ @ @ `` as to the voting that has already taken place , '' but that he would `` probably enjoin tomorrow 's votes . ''
He also ordered that records of votes cast in the drive-through facilities be maintained in case his decision is reversed on appeal .
One of the intervenors in the hearing , lawyer Andre Segura of the American Civil Liberties Union of Texas , argued that a ruling allowing the ballots to be thrown out would cause people to have to vote a second time .
`` Once the egg @ @ @ @ @ @ @ make sense to put it back in the egg , '' Segura said , adding : `` We 're talking about a very large scramble . ''
Other attorneys said some of the affected voters were receiving medical treatment and would be unable to get to the polls on Election Day .
The Texas case is one of a number of legal challenges to voting and ballot counting , many of them brought by Republicans .
Texas , long a GOP stronghold , has become an unlikely swing state this year , with @ @ @ @ @ @ @ County accounting for the bulk of the growing Democratic vote .
In the early vote period alone , the state has already exceeded its voting totals from the 2016 general election .
Harris County has also been the site of pre-election vandalism .
Someone spray-painted `` Election No , Revolution Yes '' and a hammer and sickle on windows at the county 's Democratic Party headquarters , and the building 's locks were filled with super glue , according to The Texas Tribune .
`` Make no mistake : [ T ] his @ @ @ @ @ @ @ Rebecca Acuña , the Biden campaign 's Texas state director , said in a statement .
`` This is a victory for voters across the country who are exercising their constitutional right to make their voices heard . ''
Republican Steve Hotze — who filed the lawsuit — told reporters the plaintiffs plan to appeal the decision .

Court Denies GOP Request To Block Drive-Through Voting In Harris County, Texas
Enlarge this image toggle caption Callaghan O'Hare/Bloomberg via Getty Images Callaghan O'Hare/Bloomberg via Getty Images
Updated on Nov. 3 at 7:55 a.m. ET
The Fifth Circuit Court of Appeals has denied a bid by Texas Republicans to block Election Day drive-through voting in Harris County.
In a terse order, the three-judge panel wrote: "It is ordered that appellants' motion for injunctive relief to issue a preliminary injunction banning drive-thru voting on Election Day, November 3, 2020, is denied." No explanation was given.
The move is yet another loss for Texas Republicans who had sought to challenge the legality of some 127,000 votes cast at drive-through voting sites in the Houston area. On Monday, U.S. District Court Judge Andrew Hanen threw out that suit, ruling the plaintiffs don't have legal standing to sue. The Texas Supreme Court dismissed a similar challenge on Sunday.
Harris County, Texas' most populous county and majority Democratic, erected 10 drive-through sites, mostly tents, to expedite the early voting process as a way of allowing people to cast ballots safely during the coronavirus pandemic. They were also in place this summer before the state's primary. Noting that point, Hanen, a George W. Bush appointee, asked plaintiffs, "Why am I just getting this case?" He later said that the suit was not timely and that "this has been going on all summer."
The suit was brought by Republican activists, who argued the move by Harris County Clerk Chris Hollins, a Democrat, was an illegal expansion of curbside voting, which is permitted under Texas law.
Hanen said that if he found the plaintiffs did have standing, he would have still ruled against them "as to the voting that has already taken place," but that he would "probably enjoin tomorrow's votes."
He also ordered that records of votes cast in the drive-through facilities be maintained in case his decision is reversed on appeal.
One of the intervenors in the hearing, lawyer Andre Segura of the American Civil Liberties Union of Texas, argued that a ruling allowing the ballots to be thrown out would cause people to have to vote a second time.
"Once the egg has been scrambled, it doesn't make sense to put it back in the egg," Segura said, adding: "We're talking about a very large scramble."
Other attorneys said some of the affected voters were receiving medical treatment and would be unable to get to the polls on Election Day.
The Texas case is one of a number of legal challenges to voting and ballot counting, many of them brought by Republicans.
Texas, long a GOP stronghold, has become an unlikely swing state this year, with urban and suburban areas such as Harris County accounting for the bulk of the growing Democratic vote. In the early vote period alone, the state has already exceeded its voting totals from the 2016 general election.
Harris County has also been the site of preelection vandalism. Someone spray-painted "Election No, Revolution Yes" and a hammer and sickle on windows at the county's Democratic Party headquarters, and the building's locks were filled with super glue, according to The Texas Tribune.
"Make no mistake: [T]his is not a partisan victory," Rebecca Acuña, the Biden campaign's Texas state director, said in a statement. "This is a victory for voters across the country who are exercising their constitutional right to make their voices heard."