freebeacon--2020-10-09--Yelp Creates New Policy to Flag ‘Racist’ Businesses

Restaurant-rating powerhouse Yelp unveiled a new policy Thursday to flag businesses accused of racist behavior .
The new feature will flag a business with a `` Public Attention Alert '' if someone associated with the business is accused of or a target of racism .
The alert can escalate to a more serious `` Business Accused of Racist Behavior Alert '' in cases with more evidence backing accusations of overt racism from a business .
For this alert to be applied , there must be `` resounding evidence of egregious , racist actions from a business owner or employee , @ @ @ @ @ @ @ symbols , '' a Yelp spokesperson told the Washington Free Beacon .
The alert will always link to a `` credible media outlet '' so users can learn more , the spokesperson said .
The spokesperson did not specify what the criteria for media credibility are , nor did the person directly address questions from the Free Beacon regarding punitive measures that could be taken after alerts are dispatched .
The spokesperson said the company 's top priority remains the welfare of customers .
`` Our top priority is to ensure the trust @ @ @ @ @ @ @ users with reliable content to inform their spending decisions , including decisions about whether they ’ ll be welcome and safe at a particular business , '' the spokesperson said .
Previous reporting on Yelp indicates that the anonymous nature of the application makes reviews of businesses trend toward negative reactions .
Concerned business owners argue they are more likely to receive reviews from dissatisfied customers if they do not pay to advertise through Yelp , though accusations against Yelp of extortion against businesses for advertising have been dismissed in court as baseless @ @ @ @ @ @ @ been magnified by the coronavirus pandemic .
Already struggling businesses in Southern California have suffered due to anonymous Yelp reviews accusing restaurants of insufficient coronavirus safety measures .
Some advanced safety measures—such as creating outdoor dining spaces and paperless ordering—can have heavy upfront costs .
`` We may miss steps of service here and there but we ’ re constantly trying to pivot to make it safe , '' one small-business owner told the San Diego Union-Tribune .
`` If you feel you need to write a Yelp review , first look in @ @ @ @ @ @ @ is this going to help this struggling small business ?
’ ''

Restaurant-rating powerhouse Yelp unveiled a new policy Thursday to flag businesses accused of racist behavior.
The new feature will flag a business with a "Public Attention Alert" if someone associated with the business is accused of or a target of racism.
The alert can escalate to a more serious "Business Accused of Racist Behavior Alert" in cases with more evidence backing accusations of overt racism from a business. For this alert to be applied, there must be "resounding evidence of egregious, racist actions from a business owner or employee, such as using overtly racist slurs or symbols," a Yelp spokesperson told the Washington Free Beacon. The alert will always link to a "credible media outlet" so users can learn more, the spokesperson said.
The spokesperson did not specify what the criteria for media credibility are, nor did the person directly address questions from the Free Beacon regarding punitive measures that could be taken after alerts are dispatched. The spokesperson said the company's top priority remains the welfare of customers. "Our top priority is to ensure the trust and safety of our community and provide users with reliable content to inform their spending decisions, including decisions about whether they’ll be welcome and safe at a particular business," the spokesperson said.
Previous reporting on Yelp indicates that the anonymous nature of the application makes reviews of businesses trend toward negative reactions. Concerned business owners argue they are more likely to receive reviews from dissatisfied customers if they do not pay to advertise through Yelp, though accusations against Yelp of extortion against businesses for advertising have been dismissed in court as baseless.
Businesses' frustrations with Yelp have been magnified by the coronavirus pandemic. Already struggling businesses in Southern California have suffered due to anonymous Yelp reviews accusing restaurants of insufficient coronavirus safety measures. Some advanced safety measures—such as creating outdoor dining spaces and paperless ordering—can have heavy upfront costs.
"We may miss steps of service here and there but we’re constantly trying to pivot to make it safe," one small-business owner told the San Diego Union-Tribune. "If you feel you need to write a Yelp review, first look in the mirror and ask yourself, ‘is this going to help this struggling small business?’"


freebeacon--2020-10-09--Democrats Blame Trump for Plot Against Whitmer

Democrats are blaming President Donald Trump for the kidnapping plot against Michigan governor Gretchen Whitmer ( D. ) , saying his `` LIBERATE MICHIGAN '' tweet from April motivated the extremist group .
Federal authorities charged 13 men—one of whom is an anarchist and Trump critic—involved in a scheme to kidnap the governor on Thursday .
Michigan Rep. Rashida Tlaib ( D. ) suggested that Trump 's April tweet motivated the attackers .
Whitmer also blamed Trump ’ s rhetoric for the plot at a press conference on Thursday , saying the president gives hateful groups a `` rallying cry @ @ @ @ @ @ @ failing to condemn far-right extremists .
Democratic presidential nominee Joe Biden also cited Trump ’ s April statement and tweeted that the president was `` giving oxygen to the bigotry '' behind the plot to kidnap Whitmer .
Despite the president repeatedly condemning white supremacy and hateful extremist groups , Democrats continue to press Trump on the issue and blame him for inciting violence .
Trump condemned racism , the KKK , neo-Nazis , and `` hate groups '' in a statement following the Charlottesville rally in 2017 .
He condemned the far-right @ @ @ @ @ @ @ week , following up on his comments at the presidential debate .
And on Thursday night he tweeted that `` defending all Americans '' was his job as president .
`` I do not tolerate any extreme violence , '' Trump tweeted .
`` Defending ALL Americans , even those who oppose and attack me , is what I will always do as your President . ''
Trump ’ s April tweet was in response to the plethora of executive orders that Whitmer issued throughout the year in response to the coronavirus pandemic—which @ @ @ @ @ @ @ .
One of the men involved in the plot called the president a `` tyrant '' in a video , and others charged on Thursday were allegedly involved in an anarchist , anti-police , and anti-government group called the Wolverine Watchmen .
FBI investigators discovered that six of those charged had spied on the governor 's home and had met on multiple occasions over the summer to plot the kidnapping , and the group now faces federal terrorism , conspiracy , and weapons charges .

Democrats are blaming President Donald Trump for the kidnapping plot against Michigan governor Gretchen Whitmer (D.), saying his "LIBERATE MICHIGAN" tweet from April motivated the extremist group.
Federal authorities charged 13 men—one of whom is an anarchist and Trump critic—involved in a scheme to kidnap the governor on Thursday. Michigan Rep. Rashida Tlaib (D.) suggested that Trump's April tweet motivated the attackers.
I wonder where they got their motivation from. https://t.co/Sqw8k80SNY pic.twitter.com/mhdSMElz5F — Rashida Tlaib (@RashidaTlaib) October 8, 2020
Whitmer also blamed Trump’s rhetoric for the plot at a press conference on Thursday, saying the president gives hateful groups a "rallying cry" and is "complicit" for failing to condemn far-right extremists. Democratic presidential nominee Joe Biden also cited Trump’s April statement and tweeted that the president was "giving oxygen to the bigotry" behind the plot to kidnap Whitmer.
Despite the president repeatedly condemning white supremacy and hateful extremist groups, Democrats continue to press Trump on the issue and blame him for inciting violence. Trump condemned racism, the KKK, neo-Nazis, and "hate groups" in a statement following the Charlottesville rally in 2017. He condemned the far-right Proud Boys group on Fox News last week, following up on his comments at the presidential debate. And on Thursday night he tweeted that "defending all Americans" was his job as president.
"I do not tolerate any extreme violence," Trump tweeted. "Defending ALL Americans, even those who oppose and attack me, is what I will always do as your President."
Trump’s April tweet was in response to the plethora of executive orders that Whitmer issued throughout the year in response to the coronavirus pandemic—which the state supreme court recently declared unconstitutional.
One of the men involved in the plot called the president a "tyrant" in a video, and others charged on Thursday were allegedly involved in an anarchist, anti-police, and anti-government group called the Wolverine Watchmen. FBI investigators discovered that six of those charged had spied on the governor's home and had met on multiple occasions over the summer to plot the kidnapping, and the group now faces federal terrorism, conspiracy, and weapons charges.


freebeacon--2020-10-09--BEASTMODE: Trump to Iran: ‘If You F— Around With Us’ We’ll Do Things That Have Never Been Done Befor

BEASTMODE: Trump to Iran: ‘If You F— Around With Us’ We’ll Do Things That Have Never Been Done Before

President Donald Trump had a message for the Iranian regime Friday on the Rush Limbaugh Show , and he did @ @ @ @

President Donald Trump had a message for the Iranian regime Friday on the Rush Limbaugh Show, and he didn't mince words.


freebeacon--2020-10-09--Iran’s Foreign Minister Travels to China After U.S. Imposes New Sanctions

Iranian foreign minister Javad Zarif arrived in China on Friday , just a day after the United States imposed new sanctions on Iran 's entire financial sector .
Zarif 's trip to China highlights the deepening relationship between Beijing and Tehran , which has found an ally in the Communist regime as the Trump administration continues to tighten the noose on Iran 's economy .
The trip will include `` close consultations '' between Zarif and top Communist Party members , including CCP foreign minister Wang Yi , according to Iran 's state-controlled press .
Beijing has served as a @ @ @ @ @ @ @ it faces further isolation in the international community .
The United States sanctioned 18 Iranian banks on Thursday , effectively cutting off Tehran 's financial sector from the global economy .
China , however , has repeatedly disregarded Washington 's sanctions and increased its economic relationship with Iran .
The Communist regime , along with Russia , balked at U.S. efforts at the United Nations earlier this year to reimpose an international arms embargo on Iran .
U.S. leaders warned at the time that China is standing by to sell Iran potentially billions @ @ @ @ @ @ @ .
Zarif is scheduled to discuss regional issues with Chinese diplomats and focus on `` the expansion of bilateral relations between Tehran and Beijing , '' according to Iran 's Tasnim News Agency .
`` The two countries share views on important spheres such as the fight against the U.S. unilateralism and interference in the internal affairs of countries , '' Iranian foreign ministry spokesman Saeed Khatibzadeh said .

Iranian foreign minister Javad Zarif arrived in China on Friday, just a day after the United States imposed new sanctions on Iran's entire financial sector.
Zarif's trip to China highlights the deepening relationship between Beijing and Tehran, which has found an ally in the Communist regime as the Trump administration continues to tighten the noose on Iran's economy. The trip will include "close consultations" between Zarif and top Communist Party members, including CCP foreign minister Wang Yi, according to Iran's state-controlled press.
Beijing has served as a critical ally for the Iranian regime as it faces further isolation in the international community. The United States sanctioned 18 Iranian banks on Thursday, effectively cutting off Tehran's financial sector from the global economy. China, however, has repeatedly disregarded Washington's sanctions and increased its economic relationship with Iran. The Communist regime, along with Russia, balked at U.S. efforts at the United Nations earlier this year to reimpose an international arms embargo on Iran. U.S. leaders warned at the time that China is standing by to sell Iran potentially billions of dollars' worth of sophisticated weapons.
Zarif is scheduled to discuss regional issues with Chinese diplomats and focus on "the expansion of bilateral relations between Tehran and Beijing," according to Iran's Tasnim News Agency.
"The two countries share views on important spheres such as the fight against the U.S. unilateralism and interference in the internal affairs of countries," Iranian foreign ministry spokesman Saeed Khatibzadeh said.


freebeacon--2020-10-09--Cal Cunningham Stonewalls Press on Sex Scandal

North Carolina Democratic Senate candidate Cal Cunningham has tried to duck a sex scandal that 's rocked his campaign to @ @ @ @ @ R. , N.C. ) , but he faces increased scrutiny into his personal life with @ @ @ @ @ an Army investigation into his conduct .
David Rutz is senior writer at the Washington @ @ @ @ @ previously a sports reporter for two years in Atlanta and has done freelance sports reporting @ @ @ @ @ He graduated from Vanderbilt University in 2010 and lives in Marietta , Ga. His Twitter @ @ @ @ @ He can be reached at rutz @ freebeacon.com .

North Carolina Democratic Senate candidate Cal Cunningham has tried to duck a sex scandal that's rocked his campaign to unseat Sen. Thom Tillis (R., N.C.), but he faces increased scrutiny into his personal life with questions from local press and an Army investigation into his conduct.


freebeacon--2020-10-09--ATF Reversal Could Turn Millions of Gun Owners into Felons

A declaration from the Bureau of Alcohol , Tobacco , Firearms , and Explosives could leave millions of American gun owners in serious legal jeopardy .
In a letter made public on Tuesday , the agency informed a New Hampshire gun company that its AR-15 pistol model equipped with a specialized brace is actually an illegal short-barreled rifle and anyone who owns one could be subject to up to 10 years in prison or $ 100,000 in fines .
Industry insiders put the number of AR-15 pistols equipped with similar specialized braces at about 3 million .
The decision appears @ @ @ @ @ @ @ by the ATF dating back to 2012 , when the agency told Sig Sauer that the braces , designed to strap to a shooter 's forearm instead of being pressed against their shoulder , could be legally combined with guns that have barrels shorter than the 16-inch federal limit for rifles .
The new letter calls into question the basic legality of the devices and leaves gun owners in flux just three weeks before the presidential election .
Carolyn Gwathmey , the public affairs officer for the ATF , said the letter only @ @ @ @ @ @ @ company 's pistol , but neither she nor the letter offered an explanation for why that model differs from other weapons equipped with the braces .
She said the agency would not offer a standard of review of the devices as a whole , but only on a case-by-case basis .
`` Regarding other firearms or manufacturers , ATF can not comment until we see the platform and what accessories may be attached to said platform , '' Gwathmey told the Washington Free Beacon .
White House deputy press secretary Brian Morgenstern said @ @ @ @ @ @ @ 's letter .
`` The White House and leadership at the Department of Justice are reviewing this matter to ensure there is no interference with the ability of law-abiding citizens—including lawful firearms manufacturers—to exercise their constitutionally guaranteed liberties , '' he told the Free Beacon .
Gun-rights groups are pressuring the administration to rein in the ATF .
The National Rifle Association attacked the agency 's move as `` arbitrary , inequitable , and incorrect . ''
The group said it was also in contact with DOJ and Trump administration officials and trying @ @ @ @ @ @ @ be made .
Amy Hunter , a spokeswoman for the NRA , told the Free Beacon the group is `` exhausting all options to overturn this unjust and rogue action by ATF . ''
The NRA , which has committed to spending `` tens of millions '' on President Donald Trump 's behalf in 2020 after spending big to help elect him in 2016 , said the ATF 's new position is a threat to the Second Amendment .
`` By blurring the lines on legal definitions that carry serious criminal consequences , @ @ @ @ @ @ @ the firearm industry , and law enforcement in the impossible position of attempting to read the minds of ATF bureaucrats when complying with or applying federal law , '' the group told its members in a letter .
Mark Oliva of the National Shooting Sports Foundation , the firearms industry 's trade group , told the Free Beacon he was concerned the decision was n't `` fairly and objectively applied . ''
He said the group , which often works with the ATF on regulatory issues , has been talking to the agency—as @ @ @ @ @ @ @ reversal .
`` This is inconsistent with the standards that they 've put forth before , '' Oliva said .
`` So , we 're trying to understand why this inconsistency is there and come to a resolution on it . ''
The Firearms Policy Coalition went further and threatened to sue over the ATF 's letter , saying it `` embodies the very essence of ‘ arbitrary and capricious . '
''

A declaration from the Bureau of Alcohol, Tobacco, Firearms, and Explosives could leave millions of American gun owners in serious legal jeopardy.
In a letter made public on Tuesday, the agency informed a New Hampshire gun company that its AR-15 pistol model equipped with a specialized brace is actually an illegal short-barreled rifle and anyone who owns one could be subject to up to 10 years in prison or $100,000 in fines. Industry insiders put the number of AR-15 pistols equipped with similar specialized braces at about 3 million.
The decision appears to conflict with several similar determinations made by the ATF dating back to 2012, when the agency told Sig Sauer that the braces, designed to strap to a shooter's forearm instead of being pressed against their shoulder, could be legally combined with guns that have barrels shorter than the 16-inch federal limit for rifles. The new letter calls into question the basic legality of the devices and leaves gun owners in flux just three weeks before the presidential election.
Carolyn Gwathmey, the public affairs officer for the ATF, said the letter only directly applies to the New Hampshire gun company's pistol, but neither she nor the letter offered an explanation for why that model differs from other weapons equipped with the braces. She said the agency would not offer a standard of review of the devices as a whole, but only on a case-by-case basis.
"Regarding other firearms or manufacturers, ATF cannot comment until we see the platform and what accessories may be attached to said platform," Gwathmey told the Washington Free Beacon.
White House deputy press secretary Brian Morgenstern said the Trump administration is reviewing the ATF's letter.
"The White House and leadership at the Department of Justice are reviewing this matter to ensure there is no interference with the ability of law-abiding citizens—including lawful firearms manufacturers—to exercise their constitutionally guaranteed liberties," he told the Free Beacon.
Gun-rights groups are pressuring the administration to rein in the ATF.
The National Rifle Association attacked the agency's move as "arbitrary, inequitable, and incorrect." The group said it was also in contact with DOJ and Trump administration officials and trying to work through how the change could be made. Amy Hunter, a spokeswoman for the NRA, told the Free Beacon the group is "exhausting all options to overturn this unjust and rogue action by ATF."
The NRA, which has committed to spending "tens of millions" on President Donald Trump's behalf in 2020 after spending big to help elect him in 2016, said the ATF's new position is a threat to the Second Amendment.
"By blurring the lines on legal definitions that carry serious criminal consequences, ATF is putting law-abiding gun owners, the firearm industry, and law enforcement in the impossible position of attempting to read the minds of ATF bureaucrats when complying with or applying federal law," the group told its members in a letter.
Mark Oliva of the National Shooting Sports Foundation, the firearms industry's trade group, told the Free Beacon he was concerned the decision wasn't "fairly and objectively applied." He said the group, which often works with the ATF on regulatory issues, has been talking to the agency—as well as the White House—about the potential reversal.
"This is inconsistent with the standards that they've put forth before," Oliva said. "So, we're trying to understand why this inconsistency is there and come to a resolution on it."
The Firearms Policy Coalition went further and threatened to sue over the ATF's letter, saying it "embodies the very essence of 'arbitrary and capricious.'"


freebeacon--2020-10-09--Supreme Court Won’t Revive Abortion Pill Regulations—For Now

The Supreme Court on Thursday refused to reinstate a federal regulation that requires patients to pick up abortion pills in person from a hospital or medical office—at least for the moment .
In a somewhat unusual order , the High Court said it would consider the Trump administration 's request to revive the rule after another round of litigating in a Maryland federal trial court , which should take no more than 40 days .
U.S. District Judge Theodore Chuang put the contested Food and Drug Administration rule on hold in July , finding that patients should be permitted to @ @ @ @ @ @ @ the coronavirus pandemic .
Justice Samuel Alito dissented from Thursday 's order , joined by Justice Clarence Thomas .
The coronavirus has prompted several rounds of fast-paced abortion-rights litigation around the country .
Several months on , the pre-pandemic status quo is mostly unchanged .
About 10 states in the South and Midwest suspended abortions altogether in the early phases of the pandemic , or attempted to do so , citing a need to preserve medical supplies and hospital capacity .
Courts in four of those states blocked the restrictions , while other @ @ @ @ @ @ @ to resume on a limited basis .
Texas and Arkansas successfully fended off pro-abortion plaintiffs in court , but have since rescinded outright bans on the procedure .
In dissent , Alito said the Court had effectively decided the case by ducking the government 's request .
`` There is little difference between what the Court has done and an express denial of the government 's application , '' he wrote .
Alito also pointedly criticized the Court for taking what he called an inconsistent approach to emergency appeals .
In prior cases @ @ @ @ @ @ @ Roberts wrote that the courts should not second-guess government officials with public health responsibilities during the COVID crisis .
In this case , Alito argued , a federal trial judge did just that .
`` Under the approach recently taken by the Court in cases involving restrictions on First Amendment rights , the proper disposition of the government 's stay application should be clear : grant , '' Alito wrote .
The government leaned on those prior pandemic cases in its request that the justices reinstate the FDA rule .
`` The injunction @ @ @ @ @ @ @ with the safety and the health of the people in areas fraught with medical and scientific uncertainties to second-guessing by an unelected federal judiciary , '' acting solicitor general Jeff Wall told the justices in court documents , quoting a May opinion from Roberts involving pandemic-related restrictions on worship .
Chuang put a nationwide hold on the FDA 's abortion medication rule in July .
The injunction allows patients to obtain abortion-inducing drugs by mail once a prescription is issued because of the pandemic .
The Trump administration said maintaining in-person distribution is @ @ @ @ @ @ @ risks abortion drugs carry .
The government also objected to the nationwide scope of Chuang 's decision , arguing the case illustrates the problems with such orders .
Courts around the country have issued dozens of nationwide injunctions blocking Trump administration policies since 2017 .
The administration has repeatedly asked the High Court to curb the practice .
The pro-choice plaintiffs countered that the administration has lifted in-person visitation rules for other prescription drugs and strongly encouraged the use of tele-health alternatives during the pandemic .
That it would maintain these particular restrictions @ @ @ @ @ @ @ government is singling out abortion drugs for no good reason , the plaintiffs said .
`` [ Government officials ] have not , and can not , offer any legitimate explanation why only clinicians prescribing a medication used for abortion care … should be subject to this singular restriction that prevents them from exercising their medical judgment to provide care to their patients in the safest possible manner during the pandemic , '' ACLU lawyers wrote in legal filings on behalf of providers and abortion-rights supporters .
The providers also urged the justices @ @ @ @ @ @ @ this stage , since granting a stay `` would likely amount to a final resolution '' of the case .
The FDA rule is on hold only for the extent of the pandemic , and it 's possible the coronavirus will recede before the case is decided .
Medication abortion is effective through the first 10 weeks of pregnancy .
Patients take two separate prescription pills at a one- or two-day interval , triggering a termination similar to a miscarriage .
The case is No .
20A34 FDA v. American College of Obstetricians @ @ @

The Supreme Court on Thursday refused to reinstate a federal regulation that requires patients to pick up abortion pills in person from a hospital or medical office—at least for the moment.
In a somewhat unusual order, the High Court said it would consider the Trump administration's request to revive the rule after another round of litigating in a Maryland federal trial court, which should take no more than 40 days. U.S. District Judge Theodore Chuang put the contested Food and Drug Administration rule on hold in July, finding that patients should be permitted to obtain abortion-inducing drugs by mail due to the coronavirus pandemic. Justice Samuel Alito dissented from Thursday's order, joined by Justice Clarence Thomas.
The coronavirus has prompted several rounds of fast-paced abortion-rights litigation around the country. Several months on, the pre-pandemic status quo is mostly unchanged. About 10 states in the South and Midwest suspended abortions altogether in the early phases of the pandemic, or attempted to do so, citing a need to preserve medical supplies and hospital capacity. Courts in four of those states blocked the restrictions, while other states reached agreements with providers allowing abortions to resume on a limited basis. Texas and Arkansas successfully fended off pro-abortion plaintiffs in court, but have since rescinded outright bans on the procedure.
In dissent, Alito said the Court had effectively decided the case by ducking the government's request.
"There is little difference between what the Court has done and an express denial of the government's application," he wrote.
Alito also pointedly criticized the Court for taking what he called an inconsistent approach to emergency appeals. In prior cases challenging COVID-based restrictions, Chief Justice John Roberts wrote that the courts should not second-guess government officials with public health responsibilities during the COVID crisis. In this case, Alito argued, a federal trial judge did just that.
"Under the approach recently taken by the Court in cases involving restrictions on First Amendment rights, the proper disposition of the government's stay application should be clear: grant," Alito wrote.
The government leaned on those prior pandemic cases in its request that the justices reinstate the FDA rule.
"The injunction subjects the decisions of public officials entrusted with the safety and the health of the people in areas fraught with medical and scientific uncertainties to second-guessing by an unelected federal judiciary," acting solicitor general Jeff Wall told the justices in court documents, quoting a May opinion from Roberts involving pandemic-related restrictions on worship.
Chuang put a nationwide hold on the FDA's abortion medication rule in July. The injunction allows patients to obtain abortion-inducing drugs by mail once a prescription is issued because of the pandemic.
The Trump administration said maintaining in-person distribution is essential, given FDA judgments about the risks abortion drugs carry. The government also objected to the nationwide scope of Chuang's decision, arguing the case illustrates the problems with such orders. Courts around the country have issued dozens of nationwide injunctions blocking Trump administration policies since 2017. The administration has repeatedly asked the High Court to curb the practice.
The pro-choice plaintiffs countered that the administration has lifted in-person visitation rules for other prescription drugs and strongly encouraged the use of tele-health alternatives during the pandemic. That it would maintain these particular restrictions as it relaxes many others suggests the government is singling out abortion drugs for no good reason, the plaintiffs said.
"[Government officials] have not, and cannot, offer any legitimate explanation why only clinicians prescribing a medication used for abortion care ... should be subject to this singular restriction that prevents them from exercising their medical judgment to provide care to their patients in the safest possible manner during the pandemic," ACLU lawyers wrote in legal filings on behalf of providers and abortion-rights supporters.
The providers also urged the justices to stay out of the case at this stage, since granting a stay "would likely amount to a final resolution" of the case. The FDA rule is on hold only for the extent of the pandemic, and it's possible the coronavirus will recede before the case is decided.
Medication abortion is effective through the first 10 weeks of pregnancy. Patients take two separate prescription pills at a one- or two-day interval, triggering a termination similar to a miscarriage.
The case is No. 20A34 FDA v. American College of Obstetricians and Gynecologists.


freebeacon--2020-10-10--This Week In Campus Insanity Vol. 14

This Week In Campus Insanity Vol. 14

Welcome back to Campus Insanity , a weekly roundup of the craziest developments at our nation 's 4,000-plus institutions of higher education .
6 .
Harvard Center Hosts Virtual Seminar on How to Inject Race Issues Into Course Syllabi | The College Fix Harvard University 's Davis Center for Russian and Eurasian studies hosted a `` Race in Focus '' webinar series to educate professors on `` integrating critical pedagogies of race '' into classroom curricula .
Harvard professor and CNN analyst Juliette Kayyem alleged it was `` very likely '' that Russian spies infiltrated Walter Reed National Military Medical @ @ @ @ @ @ @ Trump 's medical condition following the president 's COVID-19 diagnosis .
4 .
Professor Promises to Kick Students Out of Class for ‘ Misgendering ' Other Students | Campus Reform An LGBT politics professor at Brooklyn College threatened to remove any student from class who engages in `` intentional misgendering . ''
An introductory biology class quiz at Gettysburg College asserted that President Trump is a eugenicist , penalizing students who answered differently .
The University of Kentucky segregated its residential assistant diversity training by race , separating white and nonwhite RAs into @ @ @ @ @ @ @ Modern Architecture is ‘ Entrenched ' in White Supremacy | The College Fix A scholar of historical architecture told Harvard University graduate students that they needed to view architecture through an `` antiracist framework , '' as the `` conventional '' view of architecture is `` entrenched '' in white supremacy .
Want more Campus Insanity ?
Read Vol .
13 here .
If you have any suggestions for our Top 6 stories please email chrissy @ freebeacon.com & nester @ freebeacon.com .

Welcome back to Campus Insanity, a weekly roundup of the craziest developments at our nation's 4,000-plus institutions of higher education.
6. Harvard Center Hosts Virtual Seminar on How to Inject Race Issues Into Course Syllabi | The College Fix
Harvard University's Davis Center for Russian and Eurasian studies hosted a "Race in Focus" webinar series to educate professors on "integrating critical pedagogies of race" into classroom curricula.
5. Harvard Lecturer Pushes Conspiracy Theory About Russian Spies at Walter Reed Hospital | Campus Reform
Harvard professor and CNN analyst Juliette Kayyem alleged it was "very likely" that Russian spies infiltrated Walter Reed National Military Medical Center and gained access to President Donald Trump's medical condition following the president's COVID-19 diagnosis.
4. Professor Promises to Kick Students Out of Class for 'Misgendering' Other Students | Campus Reform
An LGBT politics professor at Brooklyn College threatened to remove any student from class who engages in "intentional misgendering."
3. Gettysburg College Biology Quiz Claims Trump is 'Eugenicist' | Young America's Foundation
An introductory biology class quiz at Gettysburg College asserted that President Trump is a eugenicist, penalizing students who answered differently.
2. University of Kentucky Segregates Residential Assistant Training by Race | Washington Free Beacon
The University of Kentucky segregated its residential assistant diversity training by race, separating white and nonwhite RAs into separate groups.
1. Professor Claims Modern Architecture is 'Entrenched' in White Supremacy | The College Fix
A scholar of historical architecture told Harvard University graduate students that they needed to view architecture through an "antiracist framework," as the "conventional" view of architecture is "entrenched" in white supremacy.
Want more Campus Insanity? Read Vol. 13 here.
If you have any suggestions for our Top 6 stories please email chrissy@freebeacon.com & nester@freebeacon.com.


freebeacon--2020-10-10--With No Tough Questions, Biden Still Bumbles Through Another Week

As mainstream media networks kept Joe Biden safe from difficult questions this week , the Democratic nominee still stumbled over @ @ @ @ @ voters they wo n't know his position on court packing until after they elect him @ @ @ @ @ war room director at the Washington Free Beacon .
He was previously a Collegiate Network @ @ @ @ @ A 2016 graduate of Gordon College in Wenham , Mass.
, he served as the @ @ @ @ @ campus newspaper .
He is originally from Tampa , Fla. , but he still roots @ @ @ @ @ teams .
His Twitter handle is @ P_Crookston .
He can be reached at crookston @ @ @

As mainstream media networks kept Joe Biden safe from difficult questions this week, the Democratic nominee still stumbled over his words, even telling voters they won't know his position on court packing until after they elect him.
Published under: Joe Biden


freebeacon--2020-10-11--Catholic Priest Takes California to Court Over Coronavirus State of Emergency

A Catholic priest has filed a lawsuit against California governor Gavin Newsom ( D. ) in an attempt to bring the state 's indefinite coronavirus state of emergency to an end .
The lawsuit argues that Newsom 's state of emergency is unlawful under the California constitution because of its indefinite length and overly broad requirements .
Father Trevor Burfitt , the priest bringing the suit , oversees churches in several counties in the state .
`` The California Constitution does not permit the State ’ s Governor to impose any 'emergency ' restriction of fundamental rights he deems appropriate @ @ @ @ @ @ @ Rather , any restrictions or measures that the Governor imposes must be narrowly tailored , limited in time , and serve interests of the highest order , not any goal the Governor wishes to achieve . ''
The suit argues that the state 's lockdown is no longer a temporary action , that it is doing more harm than good , and that a return to pre-Covid `` normal '' will not occur without judicial intervention .
California has also deemed churches `` non-essential , '' the suit argues , meaning that churchgoers @ @ @ @ @ @ @ their civic lives .
Given Newsom 's public statements and the lack of an end date , Burfitt calls for the courts to take action to bring the state of emergency to an end .
Newsom 's public health guidance , enacted in March , imposed social distancing requirements and severely limited indoor worship in California , with outright bans on indoor worship in large portions of the state .
In late August , Newsom provided a roadmap for how the state will contend with the coronavirus in the long-term .
`` COVID-19 @ @ @ @ @ @ @ time and we all need to adapt .
We need to live differently , '' he said .
The suit adds to the mounting number of legal issues California lawmakers face as the coronavirus pandemic wears on .
Los Angeles County is locked in an extended struggle with a megachurch that the state alleges violated coronavirus guidance by holding indoor worship .

A Catholic priest has filed a lawsuit against California governor Gavin Newsom (D.) in an attempt to bring the state's indefinite coronavirus state of emergency to an end.
The lawsuit argues that Newsom's state of emergency is unlawful under the California constitution because of its indefinite length and overly broad requirements. Father Trevor Burfitt, the priest bringing the suit, oversees churches in several counties in the state.
"The California Constitution does not permit the State’s Governor to impose any 'emergency' restriction of fundamental rights he deems appropriate," the suit states. "Rather, any restrictions or measures that the Governor imposes must be narrowly tailored, limited in time, and serve interests of the highest order, not any goal the Governor wishes to achieve."
The suit argues that the state's lockdown is no longer a temporary action, that it is doing more harm than good, and that a return to pre-Covid "normal" will not occur without judicial intervention. California has also deemed churches "non-essential," the suit argues, meaning that churchgoers are deprived of a vital aspect of their civic lives. Given Newsom's public statements and the lack of an end date, Burfitt calls for the courts to take action to bring the state of emergency to an end.
Newsom's public health guidance, enacted in March, imposed social distancing requirements and severely limited indoor worship in California, with outright bans on indoor worship in large portions of the state. In late August, Newsom provided a roadmap for how the state will contend with the coronavirus in the long-term. "COVID-19 will be with us for a long time and we all need to adapt. We need to live differently," he said.
The suit adds to the mounting number of legal issues California lawmakers face as the coronavirus pandemic wears on. Los Angeles County is locked in an extended struggle with a megachurch that the state alleges violated coronavirus guidance by holding indoor worship.


freebeacon--2020-10-11--Kansas Dem Backs Gun Confiscation

Kansas Dem Backs Gun Confiscation

The Democratic Senate candidate in Kansas came out in support of Australian-style gun confiscation during a campaign event last weekend .
When asked about adding a training requirement to the state 's gun-carry permit application process , Democrat Barbara Bollier said U.S. gun-control measures do not go far enough .
After noting that she has a daughter living in Australia , Bollier praised a controversial gun-confiscation program the country instituted in the 1990s .
`` They have no guns .
They don ’ t allow them .
They just took them all away , '' Bollier said with a chuckle @ @ @ @ @ @ @ Free Beacon .
`` And , you know what , it ’ s pretty darn safe .
It ’ s this amazing thing . ''
The outcome of the race could impact who controls the Senate after the election since Bollier is running to replace retiring Republican senator Pat Roberts .
Bollier 's stated support for gun confiscation could make her campaign against Republican Roger Marshall harder to win in the traditionally red state .
Bollier already faces an uphill but not unwinnable battle , with The Cook Political Report rating the race @ @ @ @ @ @ @ Bollier campaign did not respond to a request for comment .
After offering praise for Australia 's gun-confiscation program , Bollier said a limited number of Australians were able to own guns `` out in the Bush '' but noted `` there ’ s all these specific requirements and training . ''
She said she similarly supports training requirements for gun ownership in America .
`` Who thinks you can just go out and have a gun ? ''
she said .
`` Seriously , you can ’ t drive a car without @ @ @ @ @ @ @ do anything without some kind of training . ''
Eric Pahls , the campaign manager for the Marshall campaign , told the Washington Free Beacon that Bollier would bring a radical gun-control agenda to the Senate .
`` This may sound good to Bollier ’ s donors in San Francisco , but to Kansans , this is disqualifying , '' he said .
`` Even among Democrats , forced gun confiscation is an alarming concept . ''
Bollier 's comments supporting gun confiscation come as gun-control groups have begun to shy away from @ @ @ @ @ @ @ state ad campaigns , Everytown for Gun Safety completely avoided the issue of guns in favor of ads about health care and energy issues .
They also come as Kansas and the rest of the country are experiencing record gun sales .
Industry estimates suggest there could be nearly 7.5 million new gun owners across the country .
If even a fraction of those new gun owners become politically active gun voters , the impact in races like Bollier 's could be significant .

Senate Nom Bollier: Australia 'took them all away and, you know what, it’s pretty darn safe.'
The Democratic Senate candidate in Kansas came out in support of Australian-style gun confiscation during a campaign event last weekend.
When asked about adding a training requirement to the state's gun-carry permit application process, Democrat Barbara Bollier said U.S. gun-control measures do not go far enough. After noting that she has a daughter living in Australia, Bollier praised a controversial gun-confiscation program the country instituted in the 1990s.
"They have no guns. They don’t allow them. They just took them all away," Bollier said with a chuckle in a video obtained by the Washington Free Beacon. "And, you know what, it’s pretty darn safe. It’s this amazing thing."
The outcome of the race could impact who controls the Senate after the election since Bollier is running to replace retiring Republican senator Pat Roberts. Bollier's stated support for gun confiscation could make her campaign against Republican Roger Marshall harder to win in the traditionally red state. Bollier already faces an uphill but not unwinnable battle, with The Cook Political Report rating the race as currently leaning toward Marshall.
The Bollier campaign did not respond to a request for comment.
After offering praise for Australia's gun-confiscation program, Bollier said a limited number of Australians were able to own guns "out in the Bush" but noted "there’s all these specific requirements and training." She said she similarly supports training requirements for gun ownership in America.
"Who thinks you can just go out and have a gun?" she said. "Seriously, you can’t drive a car without training, you can’t basically do anything without some kind of training."
Eric Pahls, the campaign manager for the Marshall campaign, told the Washington Free Beacon that Bollier would bring a radical gun-control agenda to the Senate.
"This may sound good to Bollier’s donors in San Francisco, but to Kansans, this is disqualifying," he said. "Even among Democrats, forced gun confiscation is an alarming concept."
Bollier's comments supporting gun confiscation come as gun-control groups have begun to shy away from the issue. In a recent swing state ad campaigns, Everytown for Gun Safety completely avoided the issue of guns in favor of ads about health care and energy issues.
They also come as Kansas and the rest of the country are experiencing record gun sales. Industry estimates suggest there could be nearly 7.5 million new gun owners across the country. If even a fraction of those new gun owners become politically active gun voters, the impact in races like Bollier's could be significant.


freebeacon--2020-10-11--This Week in Leftist Intimidation and Violence Vol. 7

This week saw violence break out in another Wisconsin city after a district attorney declined to charge a police officer for the killing of a black teenager , and stores and homes were attacked .
Los Angeles continues to be engulfed in violence with Antifa protesters attacking empty storefronts as well as conservative demonstrators , while the vast majority of protesters arrested in Portland are seeing the charges against them dropped despite months of rioting .
6 .
Protests Have Become a Lifestyle for Some L.A .
Activists : ‘ This Has Become Like Church for Me ’ | Los @ @ @ @ @ @ @ Los Angeles have made attending protests part of their weekly routines .
`` I think it ’ s become part of a lifestyle for many people who have lost employment or who are working the gig economy , '' one protester said .
Antifa and Black Lives Matter protesters in Seattle smashed windows at a Starbucks and launched fireworks inside .
Police declared a riot and ordered them to disperse .
4 .
90 Percent of Rioters Arrested in Portland Last Month Have Had Charges Dropped | KOIN In September , Portland police @ @ @ @ @ @ @ the city .
Nearly 9 out of 10 of those arrested had the charges dropped .
Antifa militants in Portland tried to steal an American flag being carried by a conservative protester .
She refused to let go and was forced to the ground .
Antifa protesters burned an American flag and broke into empty storefronts in Los Angeles during a riot .
1 .
Rioters Smash Windows of Homes and Storefronts in Wauwatosa , Wis .
Riots broke out across Wauwatosa after a district attorney said that a police officer who shot @ @ @ @ @ @ @ in self-defense .
After a day of protesting , Black Lives Matter demonstrators smashed the windows of storefronts and houses , as captured by TownHall reporter Julio Rosas .

This week saw violence break out in another Wisconsin city after a district attorney declined to charge a police officer for the killing of a black teenager, and stores and homes were attacked. Los Angeles continues to be engulfed in violence with Antifa protesters attacking empty storefronts as well as conservative demonstrators, while the vast majority of protesters arrested in Portland are seeing the charges against them dropped despite months of rioting.
6. Protests Have Become a Lifestyle for Some L.A. Activists: ‘This Has Become Like Church for Me’ | Los Angeles Times
A group of protesters in Los Angeles have made attending protests part of their weekly routines. "I think it’s become part of a lifestyle for many people who have lost employment or who are working the gig economy," one protester said.
5. Seattle Antifa and BLM Protesters Break Into Starbucks, Launch Fireworks
Antifa and Black Lives Matter protesters in Seattle smashed windows at a Starbucks and launched fireworks inside. Police declared a riot and ordered them to disperse.
https://twitter.com/KatieDaviscourt/status/1312612207662829568
4. 90 Percent of Rioters Arrested in Portland Last Month Have Had Charges Dropped | KOIN
In September, Portland police arrested 213 protesters for causing violence in the city. Nearly 9 out of 10 of those arrested had the charges dropped.
3. Portland Antifa Attacks Conservative Protester Carrying American Flag
Antifa militants in Portland tried to steal an American flag being carried by a conservative protester. She refused to let go and was forced to the ground.
There was a conservative protest today in downtown Portland. Antifa came to attack the attendees. As they were leaving, antifa tried to steal a woman’s US flag (she’s a person of color). She refused to let go & they pulled her to ground by her hair. She still didn’t let go. pic.twitter.com/AjM4pIPTGy — Andy Ngô (@MrAndyNgo) October 5, 2020
2. Los Angeles Protesters Smash Storefronts, Set Fire to Old Glory
Antifa protesters burned an American flag and broke into empty storefronts in Los Angeles during a riot.
US FLAG BURNING Los Angeles: Antifa / BLM black bloc militants have taken over the intersection at Spring & 1st. pic.twitter.com/55A49cvqlH — Kalen From Scriberr (@FromKalen) October 6, 2020
1. Rioters Smash Windows of Homes and Storefronts in Wauwatosa, Wis.
Riots broke out across Wauwatosa after a district attorney said that a police officer who shot and killed a 17-year-old black teenager acted in self-defense. After a day of protesting, Black Lives Matter demonstrators smashed the windows of storefronts and houses, as captured by TownHall reporter Julio Rosas.
Some rioters in Wauwatosa, WI are now smashing windows of homes. People in the crowd tried to stop them from targeting homes. pic.twitter.com/vIiDQDPzTr — Julio Rosas (@Julio_Rosas11) October 8, 2020


freebeacon--2020-10-11--Biden Campaign Spends Sunday Defending Court-Packing Dodge

As Joe Biden refuses to say whether he would support Democratic efforts to expand the Supreme Court , Biden surrogates spent Sunday morning defending his continued unwillingness to take a position on the issue .
Deputy campaign manager Kate Bedingfield and campaign co-chairman and congressman Cedric Richmond ( D. , La . )
said the focus on Biden 's court-packing position is a `` distraction . ''
`` They are trying to create a distraction and , you know , sends folks down a rabbit hole talking about this , '' Bedingfield said on CNN 's State of the Union @ @ @ @ @ @ @ issue was raised by Democrats , not Republicans , and said `` voters deserve an answer on [ Biden 's ] position . ''
Bedingfield then said Biden is `` not going to play Donald Trump 's game '' and take a position on court packing .
In response , Tapper said Bedingfield was `` sidestepping '' questions .
`` I think a serious policy question is not a game and I do n't think it 's Trump 's game , '' Tapper said .
`` But , Kate Bedingfield , we always @ @ @ @ @ @ @ answering the questions or deftly sidestepping them . ''
ABC host Jonathan Karl also asked Richmond to explain Biden 's refusal to take a position .
Richmond said the question of court packing should be directed to him since he is a member of Congress and expanding the Supreme Court would involve the legislative process .
`` I think that Joe Biden and Senator Harris are very clear , that it is a distraction , '' Richmond said .
`` We should not be talking about a hypothetical court packing once this nominee @ @ @ @ @ @ @ he personally supports court packing , Richmond also refused to take a position .
`` I think it is a legitimate question for you to ask but it is a distraction with 22 days before the election , '' he said .
During her interview , Bedingfield also defended Biden 's recent claim that it was `` unconstitutional '' for the Senate to confirm Amy Coney Barrett to the Supreme Court .
`` Voters are being denied their constitutional right to have a say in this process , '' she said .
`` @ @ @ @ @ @ @ nominee who , by the way , is going to change the makeup of the Court . ''
Tapper said there is `` nothing unconstitutional '' about the Senate 's confirmation process .
`` Constitutional does n't mean ‘ I like it ' or ‘ I do n't like it , ' '' he said .
`` It means it 's according to the U.S. Constitution .
There is nothing unconstitutional about what the U.S. Senate is doing . ''
On Friday , Biden told reporters that voters do n't `` deserve '' @ @ @ @ @ @ @ .

As Joe Biden refuses to say whether he would support Democratic efforts to expand the Supreme Court, Biden surrogates spent Sunday morning defending his continued unwillingness to take a position on the issue.
Deputy campaign manager Kate Bedingfield and campaign co-chairman and congressman Cedric Richmond (D., La.) said the focus on Biden's court-packing position is a "distraction."
"They are trying to create a distraction and, you know, sends folks down a rabbit hole talking about this," Bedingfield said on CNN's State of the Union.
CNN host Jake Tapper said the issue was raised by Democrats, not Republicans, and said "voters deserve an answer on [Biden's] position."
Bedingfield then said Biden is "not going to play Donald Trump's game" and take a position on court packing. In response, Tapper said Bedingfield was "sidestepping" questions.
"I think a serious policy question is not a game and I don't think it's Trump's game," Tapper said. "But, Kate Bedingfield, we always appreciate you coming on the show and answering the questions or deftly sidestepping them."
ABC host Jonathan Karl also asked Richmond to explain Biden's refusal to take a position. Richmond said the question of court packing should be directed to him since he is a member of Congress and expanding the Supreme Court would involve the legislative process.
"I think that Joe Biden and Senator Harris are very clear, that it is a distraction," Richmond said. "We should not be talking about a hypothetical court packing once this nominee is confirmed."
When asked whether he personally supports court packing, Richmond also refused to take a position.
"I think it is a legitimate question for you to ask but it is a distraction with 22 days before the election," he said.
During her interview, Bedingfield also defended Biden's recent claim that it was "unconstitutional" for the Senate to confirm Amy Coney Barrett to the Supreme Court.
"Voters are being denied their constitutional right to have a say in this process," she said. "Republicans are trying to ram through a nominee who, by the way, is going to change the makeup of the Court."
Tapper said there is "nothing unconstitutional" about the Senate's confirmation process.
"Constitutional doesn't mean 'I like it' or 'I don't like it,'" he said. "It means it's according to the U.S. Constitution. There is nothing unconstitutional about what the U.S. Senate is doing."
On Friday, Biden told reporters that voters don't "deserve" to know his position on court packing.


freebeacon--2020-10-11--Coons: Confirming Barrett ‘Constitutes Court Packing’

As Joe Biden continues to dodge questions about whether he would expand the Supreme Court in office , his ally Sen. Chris Coons ( D. , Del . )
said the Republican push to confirm nominee Amy Coney Barrett `` constitutes court packing '' in its own right .
`` As I will lay out in my questioning this week , we should n't be having this hearing with two members of the [ Senate Judiciary Committee ] infected with COVID , '' Coons said on Fox News Sunday .
`` It 's rushed , it constitutes court packing , @ @ @ @ @ @ @ qualify her to serve on this court . ''
Court packing , however , refers to increasing the number of Supreme Court justices from its current slate of nine .
President Donald Trump nominated Barrett to fill the ninth seat that opened after Ruth Bader Ginsburg died last month .
Barrett 's hearings begin on Monday , and if her confirmation is successful , she would be the first Trump Supreme Court nominee to replace a liberal-leaning justice .
Some Democrats in recent weeks have called to add justices to the Supreme Court @ @ @ @ @ @ @ but Biden has refused to answer whether he supports court packing , calling it a distraction .
Last year , he said court packing would destroy the Supreme Court 's credibility , and in 1983 he called it a `` bonehead idea . ''
On Friday , he said voters did not deserve to know where he stood on the issue before the election .
`` I 'm not going to play his game , '' Biden said .
`` [ Trump would ] love that to be the discussion instead of what @ @ @ @ @ @ @ expand the Supreme Court , Democrats would need to repeal the Judiciary Act of 1869 , which set its current size .

As Joe Biden continues to dodge questions about whether he would expand the Supreme Court in office, his ally Sen. Chris Coons (D., Del.) said the Republican push to confirm nominee Amy Coney Barrett "constitutes court packing" in its own right.
"As I will lay out in my questioning this week, we shouldn't be having this hearing with two members of the [Senate Judiciary Committee] infected with COVID," Coons said on Fox News Sunday. "It's rushed, it constitutes court packing, and her views are too extreme to qualify her to serve on this court."
Court packing, however, refers to increasing the number of Supreme Court justices from its current slate of nine. President Donald Trump nominated Barrett to fill the ninth seat that opened after Ruth Bader Ginsburg died last month. Barrett's hearings begin on Monday, and if her confirmation is successful, she would be the first Trump Supreme Court nominee to replace a liberal-leaning justice.
Some Democrats in recent weeks have called to add justices to the Supreme Court as retaliation for Barrett's confirmation, but Biden has refused to answer whether he supports court packing, calling it a distraction. Last year, he said court packing would destroy the Supreme Court's credibility, and in 1983 he called it a "bonehead idea." On Friday, he said voters did not deserve to know where he stood on the issue before the election.
"I'm not going to play his game," Biden said. "[Trump would] love that to be the discussion instead of what he's doing now."
To expand the Supreme Court, Democrats would need to repeal the Judiciary Act of 1869, which set its current size.


freebeacon--2020-10-11--Biden Says Voters Don’t Deserve to Know His Position on Court Packing

Democratic presidential nominee Joe Biden said voters do n't deserve to know if he would support Democratic efforts to add more seats to the Supreme Court .
Biden reiterated his refusal to state his position Friday when asked by reporters if `` voters deserve to know '' his stance on the issue .
Biden argued that it would help President Donald Trump if he stated a position on court packing while the Senate still considers Trump 's nominee , Amy Coney Barrett .
Biden and his running mate Kamala Harris have steadfastly refused to take a position on packing the @ @ @ @ @ @ @ gone so far as to say voters do not deserve to know where he stands on the issue .
`` I 'm not going to play his game , '' Biden said .
`` [ Trump would ] love that to be the discussion instead of what he 's doing now . ''
After one reporter said court packing is the top issue among his viewers , Biden said they are `` probably Republicans '' and called the whole issue a `` distraction . ''
While Harris has assumed Biden 's position and @ @ @ @ @ @ @ court packing , she said she was `` absolutely open '' to the idea during her ill-fated presidential campaign .

Democratic presidential nominee Joe Biden said voters don't deserve to know if he would support Democratic efforts to add more seats to the Supreme Court.
Biden reiterated his refusal to state his position Friday when asked by reporters if "voters deserve to know" his stance on the issue.
"No, they don't," Biden replied.
Biden argued that it would help President Donald Trump if he stated a position on court packing while the Senate still considers Trump's nominee, Amy Coney Barrett. Biden and his running mate Kamala Harris have steadfastly refused to take a position on packing the Supreme Court, but Biden has never gone so far as to say voters do not deserve to know where he stands on the issue.
"I'm not going to play his game," Biden said. "[Trump would] love that to be the discussion instead of what he's doing now."
After one reporter said court packing is the top issue among his viewers, Biden said they are "probably Republicans" and called the whole issue a "distraction."
While Harris has assumed Biden's position and has not revealed where she stands on court packing, she said she was "absolutely open" to the idea during her ill-fated presidential campaign.


freebeacon--2020-10-12--Members Don’t Recall Biden’s Attendance at Black Church as Teen

On the campaign trail , Joe Biden has talked frequently about his early years in the civil rights movement .
As a teenager , he says , he regularly attended a black church in Wilmington , Del.
, where he was involved in organizing anti-segregation protests in the early 1960s .
`` I got raised in the black church , '' Biden said in a speech to Jesse Jackson 's Rainbow PUSH coalition last year .
`` We would go sit in Rev .
Herring 's church , sit there before we 'd go out , and try to change @ @ @ @ @ @ @ college and in high school . ''
The church Biden referenced , Union Baptist Church , was a prominent African-American church in Wilmington run by Rev .
Otis Herring , an acclaimed pastor who passed away in 1996 .
But Biden has made comments that seem to contradict the account .
When reporters questioned Biden 's claim in 1987 that he marched in the civil rights movement , he acknowledged that he `` was n't an activist '' and that his most significant experience with civil rights as a youth was when he @ @ @ @ @ @ @ a college sophomore in 1962 .
Now , interviews with long-time church members are raising questions about his story .
Biden befriended Herring as an adult , they say , but they do not recall him attending the church as a teenager .
Phyllis Drummond , Herring 's longtime assistant who attended Union Baptist for 39 years , said she was not involved with the church in the early 1960s but does not think Biden attended at that time .
`` No .
Not at our building .
I think he was probably @ @ @ @ @ @ @ [ or ] in Pennsylvania then , '' Drummond told the Washington Free Beacon .
The Biden campaign did no respond to a request for comment .
Juanita Matthew , who joined Union Baptist in the 1970s and has run its affiliated day-care center for decades , said she was n't aware of Biden 's attendance as a teenager .
Herring , she said , befriended Biden after the newly elected senator 's wife and daughter were killed in a car accident in 1972 , and Biden became `` a great friend of @ @ @ @ @ @ @ Biden 's biographical claims have raised eyebrows since his first presidential run over three decades ago , when he was forced to drop out of the race after falsely claiming that he was the first in his family to attend college and that he was the descendant of coal miners .
In February , Biden repeatedly told a story about getting arrested while trying to visit Nelson Mandela in South Africa in the late 1970s .
But the campaign later acknowledged this was not true following a New York Times report that challenged @ @ @ @ @ @ @ United Nations ambassador who traveled with Biden to South Africa , told the Times , `` I was never arrested and I do n't think [ Biden ] was , either . ''
The former vice president has also made dubious claims in the past few years about having his helicopter `` forced down '' down outside Osama bin Laden 's hideout in Afghanistan and getting shot at in Iraq .
Biden also claimed to have participated in anti-segregation sit-ins along Route 40 when he was just 18 years old , which could @ @ @ @ @ @ @ .
Now , his claims about Herring and his involvement with the church are coming under scrutiny .
Biden said over the summer that he had been `` involved with the civil rights movement , the African-American community since I was a junior in high school , desegregating movie theaters . ''
But Biden said previously he `` did n't know any black people '' until he started working at the majority-black pool in Wilmington in 1962 .
`` It was an incredible awakening to me , '' he told the Morning News @ @ @ @ @ @ @ assumed everybody treated everyone fairly . ''
Biden 's claims about Union Baptist have prompted skepticism from progressives .
Shaun King , a leader in the Black Lives Matter movement , reported in January that he spoke to unnamed `` former members '' of Union Baptist and people close to the Herring family and was told Biden 's stories about attending the church as a youth were untrue .
`` Four different people in Wilmington expressed to me that these claims of Biden are so outrageous and dishonest that it caused them to @ @ @ @ @ @ @ '' he wrote .
King , who has tempered his criticism of the candidate since Biden became the Democratic nominee , did not respond to a request for comment .
In an Intercept article in February , reporter Robert Mackey also challenged Biden 's account , noting that the former vice president 's 2007 memoir Promises to Keep made no mention of these stories .
`` Given that the memoir describes his time in high school and college in detail , it seems odd that Biden failed to make any mention at all @ @ @ @ @ @ @ experiences : the picketing of the segregated Rialto movie theater and attending civil rights organizing sessions at Rev .
Otis Herring 's Union Baptist Church , '' wrote Mackey .
`` Asked about the discrepancy … Biden 's spokesperson argued that the book was written as something of a manifesto for his 2007 campaign and was not intended to be an exhaustive autobiography . ''
Herring—a devoted religious and community leader , blind since young adulthood , and admired as a `` visionary '' by his parishioners—was first installed as the pastor at @ @ @ @ @ @ @ to news reports from the time .
At the time , Biden was a college sophomore at the University of Delaware .
Biden gave a tribute to Herring on the Senate floor after his death in 1996 , praising his `` legacy that endures because he lived his faith . ''
The tribute did not mention Biden attending his church as a teenager or helping organize civil rights protests .

On the campaign trail, Joe Biden has talked frequently about his early years in the civil rights movement. As a teenager, he says, he regularly attended a black church in Wilmington, Del., where he was involved in organizing anti-segregation protests in the early 1960s.
"I got raised in the black church," Biden said in a speech to Jesse Jackson's Rainbow PUSH coalition last year. "We would go sit in Rev. Herring's church, sit there before we'd go out, and try to change things when I was a kid in college and in high school."
The church Biden referenced, Union Baptist Church, was a prominent African-American church in Wilmington run by Rev. Otis Herring, an acclaimed pastor who passed away in 1996. But Biden has made comments that seem to contradict the account. When reporters questioned Biden's claim in 1987 that he marched in the civil rights movement, he acknowledged that he "wasn't an activist" and that his most significant experience with civil rights as a youth was when he worked at a majority-black swimming pool as a college sophomore in 1962.
Now, interviews with long-time church members are raising questions about his story. Biden befriended Herring as an adult, they say, but they do not recall him attending the church as a teenager.
Phyllis Drummond, Herring's longtime assistant who attended Union Baptist for 39 years, said she was not involved with the church in the early 1960s but does not think Biden attended at that time. "No. Not at our building. I think he was probably in Claymont, [Del.,] [or] in Pennsylvania then," Drummond told the Washington Free Beacon.
The Biden campaign did not respond to a request for comment.
Juanita Matthew, who joined Union Baptist in the 1970s and has run its affiliated day-care center for decades, said she wasn't aware of Biden's attendance as a teenager. Herring, she said, befriended Biden after the newly elected senator's wife and daughter were killed in a car accident in 1972, and Biden became "a great friend of the church and the pastor."
Biden's biographical claims have raised eyebrows since his first presidential run over three decades ago, when he was forced to drop out of the race after falsely claiming that he was the first in his family to attend college and that he was the descendant of coal miners. In February, Biden repeatedly told a story about getting arrested while trying to visit Nelson Mandela in South Africa in the late 1970s. But the campaign later acknowledged this was not true following a New York Times report that challenged the claim. Andrew Young, a United Nations ambassador who traveled with Biden to South Africa, told the Times, "I was never arrested and I don't think [Biden] was, either."
The former vice president has also made dubious claims in the past few years about having his helicopter "forced down" down outside Osama bin Laden's hideout in Afghanistan and getting shot at in Iraq.
Biden also claimed to have participated in anti-segregation sit-ins along Route 40 when he was just 18 years old, which could not be corroborated by participants and historians.
Now, his claims about Herring and his involvement with the church are coming under scrutiny. Biden said over the summer that he had been "involved with the civil rights movement, the African-American community since I was a junior in high school, desegregating movie theaters."
But Biden said previously he "didn't know any black people" until he started working at the majority-black pool in Wilmington in 1962. "It was an incredible awakening to me," he told the Morning News in 1986. "I had just assumed everybody treated everyone fairly."
Biden's claims about Union Baptist have prompted skepticism from progressives. Shaun King, a leader in the Black Lives Matter movement, reported in January that he spoke to unnamed "former members" of Union Baptist and people close to the Herring family and was told Biden's stories about attending the church as a youth were untrue.
"Four different people in Wilmington expressed to me that these claims of Biden are so outrageous and dishonest that it caused them to truly worry for his mental health," he wrote. King, who has tempered his criticism of the candidate since Biden became the Democratic nominee, did not respond to a request for comment.
In an Intercept article in February, reporter Robert Mackey also challenged Biden's account, noting that the former vice president's 2007 memoir Promises to Keep made no mention of these stories.
"Given that the memoir describes his time in high school and college in detail, it seems odd that Biden failed to make any mention at all of what he now describes as formative experiences: the picketing of the segregated Rialto movie theater and attending civil rights organizing sessions at Rev. Otis Herring's Union Baptist Church," wrote Mackey. "Asked about the discrepancy … Biden's spokesperson argued that the book was written as something of a manifesto for his 2007 campaign and was not intended to be an exhaustive autobiography."
Herring—a devoted religious and community leader, blind since young adulthood, and admired as a "visionary" by his parishioners—was first installed as the pastor at Union Baptist in September 1962, according to news reports from the time. At the time, Biden was a college sophomore at the University of Delaware.
Biden gave a tribute to Herring on the Senate floor after his death in 1996, praising his "legacy that endures because he lived his faith." The tribute did not mention Biden attending his church as a teenager or helping organize civil rights protests.


freebeacon--2020-10-12--State Senator Says Texas Dem Has a ‘Problem’ With African Americans

A Texas state senator will not back Democratic Senate candidate M.J. Hegar , saying she has a `` problem '' with African Americans , the Austin American-Statesman reported Friday .
`` [ Hegar has ] had a problem all along with black folks , I mean realistically , a real problem , '' said state senator Royce West .
`` She has never reached out … I 'm not voting for her ; I 'm not voting in that race . ''
West challenged Hegar during the Democratic primary and lost by a narrow margin during a July runoff election @ @ @ @ @ @ @ national Democrats , including Sen. Elizabeth Warren ( D. , Mass . )
and Senate Minority Leader Chuck Schumer ( D. , N.Y. ) , which some say may have been the deciding factor in the race .
In the final stretch of the primary , Hegar accused West , who vied to be the first black senator from Texas , of corruption and questioned his commitment to the Democratic Party .
Hegar 's opponent , Sen. John Cornyn ( R. , Texas ) , said Hegar 's line of attack against West @ @ @ @ @ @ @ reason why Royce West does n't call up M.J. Hegar , because [ of ] the way she treated him during the primary , '' the senator said during a debate last week .
`` She basically suggested that the state senator , an African American , a successful lawyer , the only way he could attain that was to be corrupt .
That 's the way she treats people . ''
Hegar said she had not sought an endorsement from West because she believes endorsements are `` a big part of what @ @ @ @ @ @ @ West 's endorsement , Hegar has made reaching out to African-American voters a top priority for her campaign .
Last week , Hegar announced a seven-figure media outreach campaign to black voters .
Hegar will challenge Cornyn 's seat in November .
The senator currently leads the Texas Democrat by more than 7 points , according to the RealClearPolitics polling average .

A Texas state senator will not back Democratic Senate candidate M.J. Hegar, saying she has a "problem" with African Americans, the Austin American-Statesman reported Friday.
"[Hegar has] had a problem all along with black folks, I mean realistically, a real problem," said state senator Royce West. "She has never reached out ... I'm not voting for her; I'm not voting in that race."
West challenged Hegar during the Democratic primary and lost by a narrow margin during a July runoff election. Hegar had the support of prominent national Democrats, including Sen. Elizabeth Warren (D., Mass.) and Senate Minority Leader Chuck Schumer (D., N.Y.), which some say may have been the deciding factor in the race.
In the final stretch of the primary, Hegar accused West, who vied to be the first black senator from Texas, of corruption and questioned his commitment to the Democratic Party.
Hegar's opponent, Sen. John Cornyn (R., Texas), said Hegar's line of attack against West was offensive. "There's a reason why Royce West doesn't call up M.J. Hegar, because [of] the way she treated him during the primary," the senator said during a debate last week. "She basically suggested that the state senator, an African American, a successful lawyer, the only way he could attain that was to be corrupt. That's the way she treats people."
Hegar said she had not sought an endorsement from West because she believes endorsements are "a big part of what's broken in politics."
Without West's endorsement, Hegar has made reaching out to African-American voters a top priority for her campaign. Last week, Hegar announced a seven-figure media outreach campaign to black voters.
Hegar will challenge Cornyn's seat in November. The senator currently leads the Texas Democrat by more than 7 points, according to the RealClearPolitics polling average.


freebeacon--2020-10-12--Texas Dem Signed Letter Defending Bill Ayers

While a student at Cornell Law School , congressional hopeful Mike Siegel joined a 2008 statement of solidarity with Bill Ayers , a self-described radical communist who was hunted for more than a decade by the FBI for his role in bombing government buildings .
`` We write to support our colleague Professor William Ayers , '' the letter reads .
`` The current characterizations of Professor Ayers—'unrepentant terrorist , ' ‘ lunatic leftist'—are unrecognizable to those who know or work with him . ''
As a founder and leader of the revolutionary terror cell known as Weather Underground , @ @ @ @ @ @ @ Pentagon , U.S. Capitol , and New York City Police Department during the early 1970s .
Weather Underground was one of many ultra-violent leftist groups that the FBI surveilled and dismantled throughout the 1970s .
`` They were very radical , '' University of California at Berkeley scholar Steven Hayward told the Washington Free Beacon .
`` They believed in bombing , assassination , and violence to overthrow the system . ''
The Siegel campaign did not respond to a request for comment .
Citing Cuban communist revolutionary Che Guevara as an intellectual @ @ @ @ @ @ @ `` the complete destruction of imperialism , the seizure of the means of production and the building of socialism , '' through armed action against the American government , as their 1974 manifesto reads .
To this end , the group formally declared war against the American government in 1970 .
President Obama was pressed by John McCain 's campaign about his own association with Ayers while a community organizer in Chicago .
Though Obama denounced the violent means taken by Weather Underground , to this day Ayers offers few regrets about his @ @ @ @ @ @ @ ’ s totally unrepentant for his radical past , '' Hayward said .
Siegel has previously touted himself as a `` proud red-diaper baby , '' comparing his parents to Guevera and Cuban communist strongman Fidel Castro .
On the campaign trail he has endorsed the Green New Deal and universal health care , as well as pledges to end `` mass incarceration '' and `` over-policing , '' according to his website .
Texas 's 10th district race pits Siegel against veteran congressman Michael McCaul ( R. , Tex . )
, @ @ @ @ @ @ @ Committee .
McCaul sports an endorsement from local news as a `` constructive and effective member of Congress , '' while his Democratic colleague Rep. Henry Cuellar ( D. , Tex . )
called McCaul `` a common-sense , moderate type of individual . ''
Siegel challenged McCaul for the same seat in 2018 , losing the race by four points .
Cook Political Report rates the race , `` leans Republican . ''

A Texas Democrat signed a letter defending the integrity of domestic terrorist Bill Ayers.
While a student at Cornell Law School, congressional hopeful Mike Siegel joined a 2008 statement of solidarity with Bill Ayers, a self-described radical communist who was hunted for more than a decade by the FBI for his role in bombing government buildings.
"We write to support our colleague Professor William Ayers," the letter reads. "The current characterizations of Professor Ayers—'unrepentant terrorist,' 'lunatic leftist'—are unrecognizable to those who know or work with him."
As a founder and leader of the revolutionary terror cell known as Weather Underground, Ayers was involved in bombings at the Pentagon, U.S. Capitol, and New York City Police Department during the early 1970s. Weather Underground was one of many ultra-violent leftist groups that the FBI surveilled and dismantled throughout the 1970s.
"They were very radical," University of California at Berkeley scholar Steven Hayward told the Washington Free Beacon. "They believed in bombing, assassination, and violence to overthrow the system."
The Siegel campaign did not respond to a request for comment.
Citing Cuban communist revolutionary Che Guevara as an intellectual forerunner, Ayers and Weather Underground encouraged "the complete destruction of imperialism, the seizure of the means of production and the building of socialism," through armed action against the American government, as their 1974 manifesto reads. To this end, the group formally declared war against the American government in 1970.
President Obama was pressed by John McCain's campaign about his own association with Ayers while a community organizer in Chicago. Though Obama denounced the violent means taken by Weather Underground, to this day Ayers offers few regrets about his history with the organization.
"He’s totally unrepentant for his radical past," Hayward said.
Siegel has previously touted himself as a "proud red-diaper baby," comparing his parents to Guevera and Cuban communist strongman Fidel Castro. On the campaign trail he has endorsed the Green New Deal and universal health care, as well as pledges to end "mass incarceration" and "over-policing," according to his website.
Texas's 10th district race pits Siegel against veteran congressman Michael McCaul (R., Tex.), ranking member on the House Foreign Affairs Committee. McCaul sports an endorsement from local news as a "constructive and effective member of Congress," while his Democratic colleague Rep. Henry Cuellar (D., Tex.) called McCaul "a common-sense, moderate type of individual."
Siegel challenged McCaul for the same seat in 2018, losing the race by four points. Cook Political Report rates the race, "leans Republican."


freebeacon--2020-10-12--While Democrats Argue Barrett Will Kill Obamacare, Legal Experts Are Skeptical

Democrats zeroed in on the Affordable Care Act in the first day of hearings for Judge Amy Coney Barrett , arguing that her confirmation would mean Obamacare 's swift defeat when the Supreme Court hears a case on its constitutionality next month .
But conservative legal experts say Barrett is unlikely to invalidate the law .
Dangling the prospect that Barrett would kill Obamacare has become the centerpiece of Democratic attacks on her .
Senate Democrats on Monday repeatedly alleged that if confirmed , Barrett would join her conservative colleagues on the Court to strike down one of their signature @ @ @ @ @ @ @ Democrats , including presidential nominee Joe Biden , have in recent weeks said the same thing .
But multiple right-leaning legal experts with a close eye on the case and the Court 's conservative wing told the Washington Free Beacon that they see the situation differently .
Rather than strike down the Affordable Care Act , they expect that the Court 's majority will void the law 's individual mandate alone , or reject the case entirely , concluding that the plaintiffs lack the legal right to sue .
They say that the @ @ @ @ @ @ @ and `` shameful '' at worst , with one telling the Free Beacon , `` It 's so ridiculous that I do n't even like giving oxygen to it . ''
At Monday 's confirmation hearings virtually every committee Democrat mentioned Barrett 's alleged threat to Obamacare .
Ranking member Sen. Dianne Feinstein ( D. , Calif. ) , for example , claimed that `` health care coverage for millions of Americans is at stake with this nominee , '' while Sen. Richard Blumenthal ( D. , Conn. ) began his remarks with @ @ @ @ @ @ @ he claimed could lose life-saving medical care if Barrett is confirmed .
Those attacks are part of the anti-Barrett strategy adopted by Democrats wary of attacking her sterling academic and personal qualifications .
In his statement on Barrett 's nomination , Biden alluded to Barrett 's threat to Obamacare repeatedly , mentioning the actual nominee 's name only once .
He also repeatedly raised the possibility of repeal during the recent presidential debate .
Liberal activists , such as progressive dark-money group Demand Justice , have also taken up the cry .
So @ @ @ @ @ @ @ Joan Biskupic , who extensively insinuated that Barrett would vote down the ACA , failing to disclose that she served alongside Barrett on a mock trial court in which the latter actually voted to uphold Obamacare .
( Biskupic did not respond to a request for comment as to why she did not disclose this information by press time . )
Such mock exercises do not necessarily represent the views of their participants .
But in this case , they represent the likely outcome should Barrett be confirmed .
Right-leaning legal experts like @ @ @ @ @ @ @ Adler agree : `` The Supreme Court will not strike down the ACA . ''
The case is California v. Texas , a standoff between two groups of states , and the first time Obamacare has come before the Court since 2012 .
Then , Chief Justice John Roberts joined his liberal colleagues to rule that the `` individual mandate , '' which requires Americans to be insured , was an exercise of Congress 's power to levy taxes .
But in 2017 , Republicans repealed the associated tax as part of their @ @ @ @ @ @ @ the plaintiff states now argue , renders the ACA unconstitutional .
Winning that argument will be an uphill battle , even with a right-leaning Court .
That 's in part because states may not have legal `` standing '' to sue , the requirement that legal cases involve some harm that courts can redress .
Because `` there is no consequence from failing to comply with the mandate , '' Adler said , `` it is not clear how the mandate itself can cause an injury sufficient for standing . ''
While deceased @ @ @ @ @ @ @ have a fairly permissive view of standing , '' Adler explained , Barrett seems to have a `` narrower view '' ; Roberts is also `` something of a standing hawk , '' meaning they could sink the case on standing alone .
Kevin Walsh , a professor at the University of Richmond law school , agreed with Adler , telling the Free Beacon , `` It ’ s unclear whether there will be five votes for standing . ''
`` I 'm inclined to think not , but state standing has been @ @ @ @ @ @ @ years now , '' he said .
Even if the Court finds that the states have standing , and even if a majority rules that the individual mandate is now unconstitutional , it is unlikely that there are even `` four votes '' for striking down the whole ACA , Cato Institute legal director Ilya Shapiro said : `` There ’ s no chance that the entire ACA will fall . ''
South Texas College of Law professor Josh Blackman agreed , telling the Free Beacon , `` I do think the individual @ @ @ @ @ @ @ mandate is unconstitutional , but I do not think that the entire statute will fall . ''
So did Walsh , who said that `` it 's unclear whether there are any votes for inseverability . ''
`` Inseverability '' refers to the question of whether or not the individual mandate can be `` severed '' from the rest of the law , leaving its other sections in effect .
Texas and its co-plaintiffs say it ca n't , but most Court watchers disagree .
As Blackman and Shapiro explain in an amicus @ @ @ @ @ @ @ the Court 's power to overturn the individual mandate , and certain dependent sections , while leaving much of the rest of Obamacare— '' the exchanges , group health plans , Medicaid , Medicare , and other elements of the ACA '' —intact .
The Court 's conservatives have signaled in recent cases that they are generally sympathetic to such an approach , Walsh said , pointing to opinions by Roberts and Justice Brett Kavanaugh that suggest an `` approach to severability analysis that makes it nearly impossible to rebut the presumption of @ @ @ @ @ @ @ Clarence Thomas have also strayed away from striking down laws as a whole—according to Adler , the approach they prefer `` leads to simply declaring the mandate unenforceable and doing nothing more . ''
Ending the individual mandate , recent research suggests , would actually have little effect on the overall share of the American population that is insured .
That 's because its repeal in 2017 did not have a significant impact on the number of people with insurance , indicating that the `` tax '' it imposed was not substantially altering @ @ @ @ @ @ @ agitation against Barrett on the basis of the ACA , then , seems to have little to do with how Court watchers expect the case to shake out .
Walsh put it simply : `` For anyone who ’ s been following these legal issues carefully for the last several years , the only interesting question is whether to describe [ Monday 's ] fear-mongering as shameful or shameless . ''

Democrats zeroed in on the Affordable Care Act in the first day of hearings for Judge Amy Coney Barrett, arguing that her confirmation would mean Obamacare's swift defeat when the Supreme Court hears a case on its constitutionality next month. But conservative legal experts say Barrett is unlikely to invalidate the law.
Dangling the prospect that Barrett would kill Obamacare has become the centerpiece of Democratic attacks on her. Senate Democrats on Monday repeatedly alleged that if confirmed, Barrett would join her conservative colleagues on the Court to strike down one of their signature legislative accomplishments. Liberal activist groups and Democrats, including presidential nominee Joe Biden, have in recent weeks said the same thing.
But multiple right-leaning legal experts with a close eye on the case and the Court's conservative wing told the Washington Free Beacon that they see the situation differently. Rather than strike down the Affordable Care Act, they expect that the Court's majority will void the law's individual mandate alone, or reject the case entirely, concluding that the plaintiffs lack the legal right to sue.
They say that the Democrats' argument is misleading at best and "shameful" at worst, with one telling the Free Beacon, "It's so ridiculous that I don't even like giving oxygen to it."
At Monday's confirmation hearings virtually every committee Democrat mentioned Barrett's alleged threat to Obamacare. Ranking member Sen. Dianne Feinstein (D., Calif.), for example, claimed that "health care coverage for millions of Americans is at stake with this nominee," while Sen. Richard Blumenthal (D., Conn.) began his remarks with the story of a 10-year-old boy who he claimed could lose life-saving medical care if Barrett is confirmed.
Those attacks are part of the anti-Barrett strategy adopted by Democrats wary of attacking her sterling academic and personal qualifications. In his statement on Barrett's nomination, Biden alluded to Barrett's threat to Obamacare repeatedly, mentioning the actual nominee's name only once. He also repeatedly raised the possibility of repeal during the recent presidential debate.
Liberal activists, such as progressive dark-money group Demand Justice, have also taken up the cry. So too have commentators such as CNN's Joan Biskupic, who extensively insinuated that Barrett would vote down the ACA, failing to disclose that she served alongside Barrett on a mock trial court in which the latter actually voted to uphold Obamacare. (Biskupic did not respond to a request for comment as to why she did not disclose this information by press time.)
Such mock exercises do not necessarily represent the views of their participants. But in this case, they represent the likely outcome should Barrett be confirmed. Right-leaning legal experts like Case Western Reserve law professor Jonathan H. Adler agree: "The Supreme Court will not strike down the ACA."
The case is California v. Texas, a standoff between two groups of states, and the first time Obamacare has come before the Court since 2012. Then, Chief Justice John Roberts joined his liberal colleagues to rule that the "individual mandate," which requires Americans to be insured, was an exercise of Congress's power to levy taxes.
But in 2017, Republicans repealed the associated tax as part of their tax reform bill. That act, the plaintiff states now argue, renders the ACA unconstitutional.
Winning that argument will be an uphill battle, even with a right-leaning Court. That's in part because states may not have legal "standing" to sue, the requirement that legal cases involve some harm that courts can redress. Because "there is no consequence from failing to comply with the mandate," Adler said, "it is not clear how the mandate itself can cause an injury sufficient for standing."
While deceased Justice Ruth Bader Ginsburg "tended to have a fairly permissive view of standing," Adler explained, Barrett seems to have a "narrower view"; Roberts is also "something of a standing hawk," meaning they could sink the case on standing alone. Kevin Walsh, a professor at the University of Richmond law school, agreed with Adler, telling the Free Beacon, "It’s unclear whether there will be five votes for standing."
"I'm inclined to think not, but state standing has been a little out of hand for some years now," he said.
Even if the Court finds that the states have standing, and even if a majority rules that the individual mandate is now unconstitutional, it is unlikely that there are even "four votes" for striking down the whole ACA, Cato Institute legal director Ilya Shapiro said: "There’s no chance that the entire ACA will fall."
South Texas College of Law professor Josh Blackman agreed, telling the Free Beacon, "I do think the individual plaintiffs have standing, and that the mandate is unconstitutional, but I do not think that the entire statute will fall." So did Walsh, who said that "it's unclear whether there are any votes for inseverability."
"Inseverability" refers to the question of whether or not the individual mandate can be "severed" from the rest of the law, leaving its other sections in effect. Texas and its co-plaintiffs say it can't, but most Court watchers disagree.
As Blackman and Shapiro explain in an amicus brief they coauthored, it is within the Court's power to overturn the individual mandate, and certain dependent sections, while leaving much of the rest of Obamacare—"the exchanges, group health plans, Medicaid, Medicare, and other elements of the ACA"—intact.
The Court's conservatives have signaled in recent cases that they are generally sympathetic to such an approach, Walsh said, pointing to opinions by Roberts and Justice Brett Kavanaugh that suggest an "approach to severability analysis that makes it nearly impossible to rebut the presumption of severability." Justices Neil Gorsuch and Clarence Thomas have also strayed away from striking down laws as a whole—according to Adler, the approach they prefer "leads to simply declaring the mandate unenforceable and doing nothing more."
Ending the individual mandate, recent research suggests, would actually have little effect on the overall share of the American population that is insured. That's because its repeal in 2017 did not have a significant impact on the number of people with insurance, indicating that the "tax" it imposed was not substantially altering people's purchasing behavior.
Democrats' agitation against Barrett on the basis of the ACA, then, seems to have little to do with how Court watchers expect the case to shake out. Walsh put it simply: "For anyone who’s been following these legal issues carefully for the last several years, the only interesting question is whether to describe [Monday's] fear-mongering as shameful or shameless."