courthousenews--2020-08-19--Democrats Officially Nominate Joe Biden for President

( CN ) — Pulling together a coalition of progressives and moderates , the Democratic Party Tuesday formally nominated former Vice President Joe Biden as its nominee to run for president against Donald Trump in November .
After a roll call announcing the delegate votes state-by-state , the virtual Democratic National Convention cut to Biden , sitting in a library , holding a mask in his hand as his grandchildren stood behind him .
He was invited to address the convention and Biden said he would do so on Thursday .
With a lineup that included two former presidents and @ @ @ @ @ @ @ Democratic convention was billed as one that would highlight the kind of leadership the Democratic Party says it will bring to positions of power — from the White House down .
Former Secretary of State Colin Powell , a Republican breaking with his party , said in a video Biden would “ restore America ’ s leadership and our moral authority.
” And former Secretary of State John Kerry said Trump ’ s foreign policy has isolated the country after the Obama administration had “ led by example.
” Speaking in front of @ @ @ @ @ @ @ York Senator Chuck Schumer expanded the idea of leadership past a potential Biden administration and said Democrats had to win the Senate in order to bring changes to the nation .
Kicking off the night , 17 Democrats from around the country split the keynote address .
The prerecorded video cut from speaker to speaker until the camera rested on former Georgia gubernatorial candidate and voting rights activist Stacey Abrams , who said Biden would back free and fair elections .
“ In a democracy , we do not elect saviors , ” @ @ @ @ @ @ @ ballots for those who see our struggles and pledge to serve.
” It was one part of the unconventional convention that will formalize the party ’ s nomination of Biden to challenge incumbent President Donald Trump .
The convention was mostly conducted remotely because of the Covid-19 pandemic , although its hub is the Wisconsin Center in Milwaukee , Wisconsin .
Around the country , Democrats tuned in to see how the party plans to crystalize ahead of the race to Election Day .
Rodney Strong , chairman of the Hamilton County Democratic @ @ @ @ @ @ @ News he planned to turn on CNN as he had on Monday and watch the convention , something he has done since the mid-60s , when there wasn ’ t much of a choice but to watch it because of the limited number of television channels .
A pledged delegate from southeast Tennessee , Ryan Scofield , voted for Biden by email , sending his three-question ballot to the state party days before the convention .
If it were not for the coronavirus , Scofield would have been in Milwaukee but instead he @ @ @ @ @ @ @ a hotel television in Tampa , Florida .
Virginia Applebaum , an Alabama party leader elected official delegate pledged to Bernie Sanders , told Courthouse News she planned to livestream the events over her Roku and eat a roasted chicken , which was dry brining in her fridge .
And despite recent polling showing Biden supporters trailing in enthusiasm with those of Trump ’ s , the energy surrounding the socially distanced convention is still palpable , Applebaum said .
“ I think we are all pretty excited regardless , ” Applebaum said @ @ @ @ @ @ @ long four years.
” In a video , former President Jimmy Carter said Biden has the decency and character and is “ the right person for this moment in our nation ’ s history.
” He ended his video by saying Biden listened to medical experts and knows lives could be saved from Covid-19 through testing and mask wearing .
Meanwhile , casting the presidential race as a job interview , former President Bill Clinton said Biden had helped lead America back from the Great Recession and he could help bring the country @ @ @ @ @ @ @ a president who defines the job as spending hours a day watching TV and zapping people on social media , [ Trump ’ s ] your man , ” Clinton said .
“ Denying , distracting , and demeaning works great if you ’ re trying to entertain and inflame .
But in a real crisis , it collapses like a house of cards.
” Rounding out the night , Biden ’ s wife , Jill Biden , delivered her speech from a classroom at Brandywine High School in Wilmington , Delaware , @ @ @ @ @ @ @ These days , she said , the smell of waxed floors and fresh notebooks are gone as students study online .
“ With Joe as president , these classrooms will ring out with laughter and possibility once again , ” she said .
Pushing back on the idea that America is a divided country with irreconcilable differences , Jill Biden said faith , understanding and kindness were what fixed the Biden family after Joe Biden ’ s daughter and first wife died in a car collision and they were values that could also @ @ @ @ @ @ @ shown that the heart of this nation still beats with kindness and courage , ” Jill Biden said .
According to John Rowley , speakers at the convention were fighting against the medium of a virtual convention .
The Nashville-based media consultant who has worked on Democratic political campaigns across the country said the roll call which announced delegate counts from Maine to American Samoa worked well , blending everyday Americans with cameos of politicians such as Sanders , who appeared in the frame when Vermont ’ s counts were announced .
But @ @ @ @ @ @ @ said .
“ Only the virtual convention medium could make Bill Clinton a mere mortal speaker , ” Rowley said .
Yet at the same time , Rowley said , the Democratic virtual convention has not been plagued with technical issues , social media outbursts nor any heated exchanges between the progressive and moderate arms of the party .
A convention during a pandemic comes with an adjustment of expectations .
“ When you do the convention , you want it to be big spectacle you want the big bump in the polls @ @ @ @ @ @ @ … you do a good solid job and you get a double as opposed to a home run , ” Rowley said .

With a lineup that included two former presidents and state lawmakers, night two of the Democratic National Convention was billed as one that would highlight the kind of leadership the Democratic Party says it will bring to positions of power.
(CN) — Pulling together a coalition of progressives and moderates, the Democratic Party Tuesday formally nominated former Vice President Joe Biden as its nominee to run for president against Donald Trump in November.
After a roll call announcing the delegate votes state-by-state, the virtual Democratic National Convention cut to Biden, sitting in a library, holding a mask in his hand as his grandchildren stood behind him. He was invited to address the convention and Biden said he would do so on Thursday.
With a lineup that included two former presidents and state lawmakers, night two of the Democratic convention was billed as one that would highlight the kind of leadership the Democratic Party says it will bring to positions of power — from the White House down.
Former Secretary of State Colin Powell, a Republican breaking with his party, said in a video Biden would “restore America’s leadership and our moral authority.” And former Secretary of State John Kerry said Trump’s foreign policy has isolated the country after the Obama administration had “led by example.”
Speaking in front of a blurry Statute of Liberty, New York Senator Chuck Schumer expanded the idea of leadership past a potential Biden administration and said Democrats had to win the Senate in order to bring changes to the nation.
Kicking off the night, 17 Democrats from around the country split the keynote address. The prerecorded video cut from speaker to speaker until the camera rested on former Georgia gubernatorial candidate and voting rights activist Stacey Abrams, who said Biden would back free and fair elections.
“In a democracy, we do not elect saviors,” Abrams said. “We cast our ballots for those who see our struggles and pledge to serve.”
It was one part of the unconventional convention that will formalize the party’s nomination of Biden to challenge incumbent President Donald Trump. The convention was mostly conducted remotely because of the Covid-19 pandemic, although its hub is the Wisconsin Center in Milwaukee, Wisconsin.
Around the country, Democrats tuned in to see how the party plans to crystalize ahead of the race to Election Day.
Rodney Strong, chairman of the Hamilton County Democratic Party in southeast Tennessee, told Courthouse News he planned to turn on CNN as he had on Monday and watch the convention, something he has done since the mid-60s, when there wasn’t much of a choice but to watch it because of the limited number of television channels.
A pledged delegate from southeast Tennessee, Ryan Scofield, voted for Biden by email, sending his three-question ballot to the state party days before the convention. If it were not for the coronavirus, Scofield would have been in Milwaukee but instead he planned to tune into the broadcast on a hotel television in Tampa, Florida.
Virginia Applebaum, an Alabama party leader elected official delegate pledged to Bernie Sanders, told Courthouse News she planned to livestream the events over her Roku and eat a roasted chicken, which was dry brining in her fridge.
And despite recent polling showing Biden supporters trailing in enthusiasm with those of Trump’s, the energy surrounding the socially distanced convention is still palpable, Applebaum said.
“I think we are all pretty excited regardless,” Applebaum said. “It’s been a long four years.”
In a video, former President Jimmy Carter said Biden has the decency and character and is “the right person for this moment in our nation’s history.” He ended his video by saying Biden listened to medical experts and knows lives could be saved from Covid-19 through testing and mask wearing.
Meanwhile, casting the presidential race as a job interview, former President Bill Clinton said Biden had helped lead America back from the Great Recession and he could help bring the country back again.
“If you want a president who defines the job as spending hours a day watching TV and zapping people on social media, [Trump’s] your man,” Clinton said. “Denying, distracting, and demeaning works great if you’re trying to entertain and inflame. But in a real crisis, it collapses like a house of cards.”
Rounding out the night, Biden’s wife, Jill Biden, delivered her speech from a classroom at Brandywine High School in Wilmington, Delaware, where she used to teach English. These days, she said, the smell of waxed floors and fresh notebooks are gone as students study online.
“With Joe as president, these classrooms will ring out with laughter and possibility once again,” she said.
Pushing back on the idea that America is a divided country with irreconcilable differences, Jill Biden said faith, understanding and kindness were what fixed the Biden family after Joe Biden’s daughter and first wife died in a car collision and they were values that could also fix a nation.
“We have shown that the heart of this nation still beats with kindness and courage,” Jill Biden said.
According to John Rowley, speakers at the convention were fighting against the medium of a virtual convention.
The Nashville-based media consultant who has worked on Democratic political campaigns across the country said the roll call which announced delegate counts from Maine to American Samoa worked well, blending everyday Americans with cameos of politicians such as Sanders, who appeared in the frame when Vermont’s counts were announced. But many speakers struggled to connect, he said.
“Only the virtual convention medium could make Bill Clinton a mere mortal speaker,” Rowley said.
Yet at the same time, Rowley said, the Democratic virtual convention has not been plagued with technical issues, social media outbursts nor any heated exchanges between the progressive and moderate arms of the party.
A convention during a pandemic comes with an adjustment of expectations.
“When you do the convention, you want it to be big spectacle you want the big bump in the polls. Maybe this year it's ... you do a good solid job and you get a double as opposed to a home run,” Rowley said.


courthousenews--2020-08-19--Democrats Connect Climate Change Spending With Job Creation

BOSTON ( CN ) — Climate change is a winning issue for Democrats , as long as it ’ s presented in terms of creating high-paying jobs and racial equality .
That was the message of a two-hour presentation Tuesday at the Democratic National Convention by the party ’ s Environment and Climate Crisis Council .
The council , created in May 2019 , focuses on how to present environmental issues in a way that appeals to voters .
Most Americans support former Vice President Joe Biden ’ s plan to transition the economy to clean energy when it ’ @ @ @ @ @ @ @ new jobs , ” according to polling reported by Danielle Deiseroth of the activist group Data for Progress .
Voters back a clean-energy electricity grid by 2035 and planting 16 billion trees by 2050 , Deiseroth said .
And voters in swing states support Biden ’ s plan to spend $ 2 trillion over four years on green infrastructure investments with 40 % going to minority communities .
Although Biden ’ s website warns that an increase in global temperatures of one and a half degrees Celsius would be an “ existential threat @ @ @ @ @ @ @ no discussion of scaring voters with a possible end to civilization .
Rather , Democrats should emphasize that climate spending results in “ millions of new good-paying jobs for American workers , ” Deiseroth stressed .
“ Good union jobs is something that everyone can get unified behind , ” said Costa Constantinides , a New York City Council member .
Ilona Duverge , an activist who was introduced as a former undocumented immigrant , said that “ the Green New Deal specifically extends beyond just the climate aspect of it ; it @ @ @ @ @ @ @ jobs ” were also emphasized by Washington Governor Jay Inslee and Michigan Congressman Andy Levin .
And former presidential candidate Tom Steyer went so far as to claim that Biden ’ s climate plan is actually “ a jobs plan that ’ s also an environmental justice plan.
” The other theme of the meeting was that climate change can not be separated from racial issues .
“ We can not fight climate change without also fighting racism , ” said council chair Michelle Deatrick .
“ Environmental justice and systemic racism go @ @ @ @ @ @ @ , “ running on a bold climate platform is a winning strategy , but it ’ s not a winning strategy if we ignore the oppression of black and brown people .
The Green New Deal is not just about climate ; it ’ s about racist and classist policies.
” Steyer said that “ communities of color suffer disproportionately from climate change.
” And activist Peggy Shepard called for “ climate equity ” and claimed that “ 71 % of black people live with air pollution.
” Jane Kleeb , chair of @ @ @ @ @ @ @ “ if we ’ re going to solve climate change , we have to solve land justice ” for Native Americans .
As long as we don ’ t address clean energy , “ we are practicing systemic racism , ” added Wisconsin Lieutenant Governor Mandela Barnes .
Constantinides said that “ we can ’ t decouple environmental justice and racial justice ” and “ here in Queens we ’ ve seen environmental racism firsthand , ” noting that a power plant was built next to the country ’ s largest public housing @ @ @ @ @ @ @ housing project experienced flooding during Hurricane Sandy , which he called “ racist.
” Minnesota Attorney General Keith Ellison blamed climate change for the growing number of mosquitoes in his state .
A slightly different approach came from Paulette Jordan , who is running for the U.S. Senate in the red state of Idaho .
She argued that “ clean energy is cost-efficient and cost-effective , ” and that ’ s an argument that appeals to Republicans and independents .
Although Biden has not fully embraced the Green New Deal , he has @ @ @ @ @ @ @ meeting the climate challenges we face.
” Among other things , he supports achieving net-zero emissions by 2050 , phasing out non-electric vehicles , making 6 million buildings more energy-efficient and imposing new limits on fracking .
Democratic National Committee chair Tom Perez called the Environment and Climate Crisis Council “ a group of serial activists.
” The presentation featured nine politicians , three professional activists and a poet .
Notably absent were any environmental scientists , but the purpose of the Council is not to perform original research but to craft political @ @ @ @ @ @ @ about 5,000 people , according to Deatrick .

Climate change is a winning issue for Democrats, as long as it’s presented in terms of creating high-paying jobs and racial equality. That was the message of a two-hour presentation Tuesday at the Democratic National Convention by the party’s Environment and Climate Crisis Council.
BOSTON (CN) — Climate change is a winning issue for Democrats, as long as it’s presented in terms of creating high-paying jobs and racial equality. That was the message of a two-hour presentation Tuesday at the Democratic National Convention by the party’s Environment and Climate Crisis Council.
The council, created in May 2019, focuses on how to present environmental issues in a way that appeals to voters.
Most Americans support former Vice President Joe Biden’s plan to transition the economy to clean energy when it’s described as creating “millions of new jobs,” according to polling reported by Danielle Deiseroth of the activist group Data for Progress.
Voters back a clean-energy electricity grid by 2035 and planting 16 billion trees by 2050, Deiseroth said. And voters in swing states support Biden’s plan to spend $2 trillion over four years on green infrastructure investments with 40% going to minority communities.
Although Biden’s website warns that an increase in global temperatures of one and a half degrees Celsius would be an “existential threat to life,” there was virtually no discussion of scaring voters with a possible end to civilization. Rather, Democrats should emphasize that climate spending results in “millions of new good-paying jobs for American workers,” Deiseroth stressed.
“Good union jobs is something that everyone can get unified behind,” said Costa Constantinides, a New York City Council member.
Ilona Duverge, an activist who was introduced as a former undocumented immigrant, said that “the Green New Deal specifically extends beyond just the climate aspect of it; it includes union jobs.”
“Good-paying union jobs” were also emphasized by Washington Governor Jay Inslee and Michigan Congressman Andy Levin. And former presidential candidate Tom Steyer went so far as to claim that Biden’s climate plan is actually “a jobs plan that’s also an environmental justice plan.”
The other theme of the meeting was that climate change cannot be separated from racial issues.
“We cannot fight climate change without also fighting racism,” said council chair Michelle Deatrick. “Environmental justice and systemic racism go hand in hand.”
According to Duverge, “running on a bold climate platform is a winning strategy, but it’s not a winning strategy if we ignore the oppression of black and brown people. The Green New Deal is not just about climate; it’s about racist and classist policies.”
Steyer said that “communities of color suffer disproportionately from climate change.” And activist Peggy Shepard called for “climate equity” and claimed that “71% of black people live with air pollution.”
Jane Kleeb, chair of the Nebraska Democratic Party, said that “if we’re going to solve climate change, we have to solve land justice” for Native Americans.
As long as we don’t address clean energy, “we are practicing systemic racism,” added Wisconsin Lieutenant Governor Mandela Barnes.
Constantinides said that “we can’t decouple environmental justice and racial justice” and “here in Queens we’ve seen environmental racism firsthand,” noting that a power plant was built next to the country’s largest public housing project.
Constantinides also noted that the housing project experienced flooding during Hurricane Sandy, which he called “racist.”
Minnesota Attorney General Keith Ellison blamed climate change for the growing number of mosquitoes in his state.
A slightly different approach came from Paulette Jordan, who is running for the U.S. Senate in the red state of Idaho. She argued that “clean energy is cost-efficient and cost-effective,” and that’s an argument that appeals to Republicans and independents.
Although Biden has not fully embraced the Green New Deal, he has called it “a crucial framework for meeting the climate challenges we face.” Among other things, he supports achieving net-zero emissions by 2050, phasing out non-electric vehicles, making 6 million buildings more energy-efficient and imposing new limits on fracking.
Democratic National Committee chair Tom Perez called the Environment and Climate Crisis Council “a group of serial activists.” The presentation featured nine politicians, three professional activists and a poet. Notably absent were any environmental scientists, but the purpose of the Council is not to perform original research but to craft political strategies.
The program was watched by about 5,000 people, according to Deatrick.


courthousenews--2020-08-19--Judge to Rule Thursday on Press Claims Against Federal Officers in Portland

PORTLAND , Ore. ( CN ) — Attorneys argued Tuesday over the question a federal judge said was likely to end up at the U.S. Supreme Court : whether journalists have First Amendment rights to cover protests that are distinct from the rights of the general public .
Federal agents never left Portland .
They are just out of sight .
In a proposed class action lawsuit , journalists and legal observers got a restraining order barring local police and federal agents from targeting them for assault and arrest as they cover protests sparked by the police killing of George @ @ @ @ @ @ @ days .
And although nightly clashes with federal agents have quieted , court documents in the case show White House senior policy adviser Stephen Miller contradicting Oregon Gov .
Kate Brown ’ s July 29 announcement that federal agents would begin to leave Portland under via a “ phased withdrawal.
” “ It ’ s not a phased withdrawal either , ” Miller wrote in an email to Chad Mizelle , acting general counsel for the Department of Homeland Security , and John Gountanis , acting chief of staff for the agency .
@ @ @ @ @ @ @ acting deputy secretary for the Department of Homeland Security , scoffing at the restraining order .
“ It ’ s offensive , but shouldn ’ t affect anything we ’ re doing , ” Cuccinelli said about the temporary restraining order in an email on the day it was entered .
That ’ s why U.S. District Judge Michael Simon should grant an injunction making the restraining order more permanent , an attorney for the journalists and legal observers said at a hearing Tuesday .
“ They haven ’ t left , ” @ @ @ @ @ @ @ agents sent to Portland by President Donald Trump as part of Operation Enduring Valor .
“ They have reserved their right to go back out anytime they feel like it.
” Borden said the emails show the necessity of an injunction — as does the federal agencies ’ failure to discipline a single agent for targeted assaults of journalists and legal observers , their inability or refusal to identify the agents involved or even to counter declarations from 34 journalists and legal observers describing such events .
Fourteen of the assaults documented in @ @ @ @ @ @ @ entered the restraining order .
Borden called the city streets where protests have played out “ classically public places ” where journalists have a legal right to observe and report .
“ This is the press .
These are protests and these two things go hand in hand , ” Borden said .
“ The TV cameras that captured Bloody Sunday and John Lewis going across the bridge in Selma — that was a cataclysmic event .
We saw police brutality and racism .
It was ugly and it was exposed on TV @ @ @ @ @ @ @ cameras hadn ’ t been there in Selma , nobody would know that people were beaten.
” But Jordan Von Bokern argued on behalf of the government that the press has a right to remain in an area only if the general public shares that right .
Simon ’ s restraining order allows journalists and legal observers to remain after police and federal agents have declared the event a riot or an unlawful assembly and ordered crowds to disperse , so that they can document arrests and any accompanying acts of violence .
@ @ @ @ @ @ @ general public has the right to be present at a riot , ” Von Bokern said .
“ So their claim that members of the press can say ‘ No thank you , we decline to disperse from this riot ’ — that can only be true if members of the general public can also decline.
” Judge Simon said he had been thinking about that issue for weeks .
“ If any question from this case is likely to end up before the U.S. Supreme Court , it ’ s this one @ @ @ @ @ @ @ protesters and journalists might be in the same spot at the same time , but they are exercising different rights under the First Amendment .
“ Protesters are asserting a right to assemble and demonstrate , ” Borden said .
“ Press are asserting a different right , which is to record and observe .
The idea is that these people are using a public forum at the same time to do two different things.
” Borden compared the situation to an artist and a musician , both of whom want to express @ @ @ @ @ @ @ be understandable for a city to ban loud music after 10 p.m. , Borden said , even though that would impact the musician .
But if the city banned all artistic expression after 10 , that would violate the First Amendment .
“ It would preclude the artist , or the mime , or anyone from expressing their First Amendment rights , ” Borden said .
Similarly , he added , federal agents who say they are here to protect the federal courthouse must narrowly tailor their own rules .
Von Bokern said @ @ @ @ @ @ @ court to rewrite the law covering when police are allowed to disperse unlawful gatherings .
“ This is not a government proceeding , ” Von Bokern added .
“ The right of access applies to government proceedings like criminal trials .
Plaintiffs have not explained how an ad hoc response to criminal activity is a government proceeding.
” Von Bokern dismissed requests like clearly identifying federal agents with a unique number as “ a best practices wish list.
” “ It puts the court in the place of a roving inspector general of @ @ @ @ @ @ @ there is a chance , one day , that someone ’ s constitutional rights could be violated , ” Von Bokern said .
“ It ’ s a separation of powers problem.
” But Judge Simon said steps like clearly identifying individual agents are “ squarely within the wheelhouse ” of appropriate responses to the evidence so far introduced in the case .
“ One of the problems is that we don ’ t know who the officers are who did some of these egregious actions , ” Simon said .
“ We @ @ @ @ @ @ @ is .
I ’ m perfectly willing to assume that most law enforcement officers follow the law and do the right thing .
But it appears that we have some officers that are targeting journalists and legal observers in violation of their First Amendment rights , and all we need to do is find out who those officers are .
Is it a problem caused by insufficient training ?
Or is it that they haven ’ t been disciplined and they know they won ’ t be ?
Or is it a problem @ @ @ @ @ @ @ except by excluding those officers from this arena ?
” Simon said he would issue a written ruling on the motion for preliminary injunction by 5 p.m. on Thursday — when the temporary restraining order is scheduled to expire .

Attorneys argued Tuesday over the question a federal judge said was likely to end up at the U.S. Supreme Court: whether journalists have First Amendment rights to cover protests that are distinct from the rights of the general public.
PORTLAND, Ore. (CN) — Attorneys argued Tuesday over the question a federal judge said was likely to end up at the U.S. Supreme Court: whether journalists have First Amendment rights to cover protests that are distinct from the rights of the general public.
Federal agents never left Portland. They are just out of sight. In a proposed class action lawsuit, journalists and legal observers got a restraining order barring local police and federal agents from targeting them for assault and arrest as they cover protests sparked by the police killing of George Floyd that have continued for over 80 days. And although nightly clashes with federal agents have quieted, court documents in the case show White House senior policy adviser Stephen Miller contradicting Oregon Gov. Kate Brown’s July 29 announcement that federal agents would begin to leave Portland under via a “phased withdrawal.”
“It’s not a phased withdrawal either,” Miller wrote in an email to Chad Mizelle, acting general counsel for the Department of Homeland Security, and John Gountanis, acting chief of staff for the agency.
Court documents also show Ken Cuccinelli, acting deputy secretary for the Department of Homeland Security, scoffing at the restraining order.
“It’s offensive, but shouldn’t affect anything we’re doing,” Cuccinelli said about the temporary restraining order in an email on the day it was entered.
That’s why U.S. District Judge Michael Simon should grant an injunction making the restraining order more permanent, an attorney for the journalists and legal observers said at a hearing Tuesday.
“They haven’t left,” Attorney Matthew Borden said of the federal agents sent to Portland by President Donald Trump as part of Operation Enduring Valor. “They have reserved their right to go back out anytime they feel like it.”
Borden said the emails show the necessity of an injunction — as does the federal agencies’ failure to discipline a single agent for targeted assaults of journalists and legal observers, their inability or refusal to identify the agents involved or even to counter declarations from 34 journalists and legal observers describing such events. Fourteen of the assaults documented in the declarations took place after the court entered the restraining order.
Borden called the city streets where protests have played out “classically public places” where journalists have a legal right to observe and report.
“This is the press. These are protests and these two things go hand in hand,” Borden said. “The TV cameras that captured Bloody Sunday and John Lewis going across the bridge in Selma — that was a cataclysmic event. We saw police brutality and racism. It was ugly and it was exposed on TV for everybody to see. If TV cameras hadn’t been there in Selma, nobody would know that people were beaten.”
But Jordan Von Bokern argued on behalf of the government that the press has a right to remain in an area only if the general public shares that right. Simon’s restraining order allows journalists and legal observers to remain after police and federal agents have declared the event a riot or an unlawful assembly and ordered crowds to disperse, so that they can document arrests and any accompanying acts of violence.
“They cannot show that the general public has the right to be present at a riot,” Von Bokern said. “So their claim that members of the press can say ‘No thank you, we decline to disperse from this riot’ — that can only be true if members of the general public can also decline.”
Judge Simon said he had been thinking about that issue for weeks.
“If any question from this case is likely to end up before the U.S. Supreme Court, it’s this one,” Simon said.
Borden said protesters and journalists might be in the same spot at the same time, but they are exercising different rights under the First Amendment.
“Protesters are asserting a right to assemble and demonstrate,” Borden said. “Press are asserting a different right, which is to record and observe. The idea is that these people are using a public forum at the same time to do two different things.”
Borden compared the situation to an artist and a musician, both of whom want to express their art in public. It would be understandable for a city to ban loud music after 10 p.m., Borden said, even though that would impact the musician. But if the city banned all artistic expression after 10, that would violate the First Amendment.
“It would preclude the artist, or the mime, or anyone from expressing their First Amendment rights,” Borden said.
Similarly, he added, federal agents who say they are here to protect the federal courthouse must narrowly tailor their own rules.
Von Bokern said the journalists appeared to be asking the court to rewrite the law covering when police are allowed to disperse unlawful gatherings.
“This is not a government proceeding,” Von Bokern added. “The right of access applies to government proceedings like criminal trials. Plaintiffs have not explained how an ad hoc response to criminal activity is a government proceeding.”
Von Bokern dismissed requests like clearly identifying federal agents with a unique number as “a best practices wish list.”
“It puts the court in the place of a roving inspector general of all federal law enforcement present just because there is a chance, one day, that someone’s constitutional rights could be violated,” Von Bokern said. “It’s a separation of powers problem.”
But Judge Simon said steps like clearly identifying individual agents are “squarely within the wheelhouse” of appropriate responses to the evidence so far introduced in the case.
“One of the problems is that we don’t know who the officers are who did some of these egregious actions,” Simon said. “We don’t know how widespread it is. I’m perfectly willing to assume that most law enforcement officers follow the law and do the right thing. But it appears that we have some officers that are targeting journalists and legal observers in violation of their First Amendment rights, and all we need to do is find out who those officers are. Is it a problem caused by insufficient training? Or is it that they haven’t been disciplined and they know they won’t be? Or is it a problem that we can’t stop, except by excluding those officers from this arena?”
Simon said he would issue a written ruling on the motion for preliminary injunction by 5 p.m. on Thursday — when the temporary restraining order is scheduled to expire.


courthousenews--2020-08-19--Florida Voters Head to Polls in Pandemic Primary

( CN ) — Millions of Floridians voted on Tuesday for the state ’ s second primary during the pandemic , greeted by poll workers armed with sanitizer , gloves , face masks and , in some cases , face shields .
All of Florida ’ s 27 U.S. House seats are up for election , with the majority already decided before the primary , along with several down-ballot races for local offices and the state legislature .
There are no statewide races .
Though election officials opened most polling locations at 7 a.m. on Tuesday , a record number @ @ @ @ @ @ @ early — a sign of how the coronavirus has affected voting in the state .
As of election day , more than 2.2 million Floridians voted by mail , according to the state ’ s division of elections , with Democrats submitting roughly 350,000 more ballots than Republicans .
Another 558,000 residents voted early with a slight Republican majority .
In the 2018 August primary , 1.3 million chose to vote by mail .
Just before noon , Florida Secretary of State Laurel Lee assured voters that polling locations in the state ’ @ @ @ @ @ @ @ prepared and equipped for voters.
” “ Supervisors [ of elections ] have taken health precautions to keep voters and election workers safe and to mitigate the spread of Covid-19 , ” Lee told reporters , adding her office has worked with county emergency managers to have enough sanitation supplies .
Keeping poll locations across Florida stocked and sanitized is a tremendous undertaking .
Miami-Dade County alone has 864 precincts .
“ Employees and volunteers are all wearing gloves and constantly sanitizing , ” said Roberto Rodriguez , a spokesperson for the Miami-Dade @ @ @ @ @ @ @ has a closed primary , which means only registered Republicans and Democrats can vote for candidates in their respective party .
Florida ’ s congressional delegation consists of 14 Republicans and 13 Democrats .
Most of the state ’ s congressional seats are not competitive this year , but three districts could change party hands in November .
Tuesday ’ s primary results may give an indication of which party has the edge in the state .
The district encompasses Central Florida rural communities and the northern suburbs of Tampa .
Spano made @ @ @ @ @ @ @ due to investigations by the Department of Justice and The Florida Bar into possible campaign finance violations .
He denied any wrongdoing .
Those allegations may have led to his opponent , Franklin , narrowly beating him on Tuesday .
Preliminary results show Franklin with 51 % of the vote versus Spano ’ s 48 % .
Franklin , who served in the Navy and runs a small business in Lakeland , frequently pushed his support for President Donald Trump ’ s policies .
In the Democratic primary , three candidates hoped to @ @ @ @ @ @ @ : investigative journalist Alan Cohn , Florida State Representative Adam Hattersley and Jesse Philippe , a former Marine .
Cohn , who ran for the seat in 2014 and lost by more than 45,000 votes , beat out his challengers on Tuesday with 41 % of the vote .
Two congressional primaries in South Florida also grabbed attention .
In the 26th District , two Republicans ran to face incumbent Democrat Debbie Mucarsel-Powell in November : Miami-Dade Mayor Carlos Gimenez and Omar Blanco , a firefighter , hoped to return the seat to @ @ @ @ @ @ @ in 2018 by a thin margin , the seat was held by a Republican for six years .
Gimenez was considered a favorite in the race and one of the only Republicans running who was formally endorsed by Trump .
But with massive name recognition in the county , Gimenez handily beat Blanco 60 % to 40 % with only a handful of precincts left to report .
The district covers portions of Miami-Dade County and the Florida Keys .
In the state ’ s 27th District , incumbent Democrat Donna Shalala will @ @ @ @ @ @ @ of 35 years .
Salazar faced Shalala in 2018 and received more than 45 % of the vote .
With 79 % of the vote Salazar easily beat out her two Republican opponents : Juan Fiol , a Miami-native and real estate agent with Cuban roots , and Raymond Molina , who has deep ties to the Cuban community as a Bay of Pigs veteran .
Both candidates regularly mentioned their “ fight against the threat of socialism ” during the campaign .
The district covers half of Miami and a large part @ @ @ @ @ @ @ Dade Regional Library , Mike Gutierrez , who was born in Cuba , said he planned to vote Republican straight down the ticket .
“ I am voting for whoever supports the police and doesn ’ t believe in all the nonsense going on and all the rioting , ” said Gutierrez .
Miami native Luis Rodriguez said he did his research and came prepared .
“ I am a Republican , but I don ’ t necessarily vote the party line , ” he said .
“ I vote my conscience .
@

Florida’s poll workers — armed with sanitizer, gloves, face masks and, in some cases, face shields — welcomed voters on Tuesday during the state’s first primary election held in a pandemic.
(CN) — Millions of Floridians voted on Tuesday for the state's second primary during the pandemic, greeted by poll workers armed with sanitizer, gloves, face masks and, in some cases, face shields.
All of Florida’s 27 U.S. House seats are up for election, with the majority already decided before the primary, along with several down-ballot races for local offices and the state legislature. There are no statewide races.
Though election officials opened most polling locations at 7 a.m. on Tuesday, a record number of people chose mail-in ballots or voted early — a sign of how the coronavirus has affected voting in the state.
As of election day, more than 2.2 million Floridians voted by mail, according to the state’s division of elections, with Democrats submitting roughly 350,000 more ballots than Republicans. Another 558,000 residents voted early with a slight Republican majority.
In the 2018 August primary, 1.3 million chose to vote by mail.
Just before noon, Florida Secretary of State Laurel Lee assured voters that polling locations in the state’s 67 counties are “open, prepared and equipped for voters.”
“Supervisors [of elections] have taken health precautions to keep voters and election workers safe and to mitigate the spread of Covid-19,” Lee told reporters, adding her office has worked with county emergency managers to have enough sanitation supplies.
Keeping poll locations across Florida stocked and sanitized is a tremendous undertaking. Miami-Dade County alone has 864 precincts.
“Employees and volunteers are all wearing gloves and constantly sanitizing,” said Roberto Rodriguez, a spokesperson for the Miami-Dade County Elections Department in Doral.
Florida has a closed primary, which means only registered Republicans and Democrats can vote for candidates in their respective party.
Florida’s congressional delegation consists of 14 Republicans and 13 Democrats. Most of the state’s congressional seats are not competitive this year, but three districts could change party hands in November.
Tuesday’s primary results may give an indication of which party has the edge in the state.
In Florida’s 15th Congressional District, incumbent Republican Ross Spano faced Scott Franklin, a Lakeland city commissioner.
The district encompasses Central Florida rural communities and the northern suburbs of Tampa.
Spano made headlines after winning his seat in 2018 due to investigations by the Department of Justice and The Florida Bar into possible campaign finance violations. He denied any wrongdoing.
Those allegations may have led to his opponent, Franklin, narrowly beating him on Tuesday. Preliminary results show Franklin with 51% of the vote versus Spano’s 48%.
Franklin, who served in the Navy and runs a small business in Lakeland, frequently pushed his support for President Donald Trump’s policies.
In the Democratic primary, three candidates hoped to flip this Republican leaning district in November: investigative journalist Alan Cohn, Florida State Representative Adam Hattersley and Jesse Philippe, a former Marine.
Cohn, who ran for the seat in 2014 and lost by more than 45,000 votes, beat out his challengers on Tuesday with 41% of the vote.
Two congressional primaries in South Florida also grabbed attention.
In the 26th District, two Republicans ran to face incumbent Democrat Debbie Mucarsel-Powell in November: Miami-Dade Mayor Carlos Gimenez and Omar Blanco, a firefighter, hoped to return the seat to the GOP.
Before voters elected Muscarsel-Powell in 2018 by a thin margin, the seat was held by a Republican for six years.
Gimenez was considered a favorite in the race and one of the only Republicans running who was formally endorsed by Trump.
But with massive name recognition in the county, Gimenez handily beat Blanco 60% to 40% with only a handful of precincts left to report.
The district covers portions of Miami-Dade County and the Florida Keys.
In the state’s 27th District, incumbent Democrat Donna Shalala will face Maria Elvira Salazar, a journalist of 35 years. Salazar faced Shalala in 2018 and received more than 45% of the vote.
With 79% of the vote Salazar easily beat out her two Republican opponents: Juan Fiol, a Miami-native and real estate agent with Cuban roots, and Raymond Molina, who has deep ties to the Cuban community as a Bay of Pigs veteran. Both candidates regularly mentioned their “fight against the threat of socialism” during the campaign.
The district covers half of Miami and a large part of Miami-Dade County.
Although South Florida leans Democratic, the large Cuban population typically votes Republican.
At the West Dade Regional Library, Mike Gutierrez, who was born in Cuba, said he planned to vote Republican straight down the ticket.
“I am voting for whoever supports the police and doesn’t believe in all the nonsense going on and all the rioting,” said Gutierrez.
Miami native Luis Rodriguez said he did his research and came prepared.
“I am a Republican, but I don’t necessarily vote the party line,” he said. “I vote my conscience.”


courthousenews--2020-08-20--Trump Demands Restoration of UN Sanctions on Iran

WASHINGTON ( CN ) — President Donald Trump confirmed Wednesday that the United States will formally demand Thursday that the United Nations restore nearly all previously ordered sanctions against Iran .
From the White House press briefing room on Wednesday night , the president said he officially directed Secretary of State Mike Pompeo to alert the United Nations security council on Thursday during his impending visit .
What is uncommon , however , is the U.S. demanding to play a role in a deal it already withdrew from some two years ago .
In 2018 , Trump yanked the United @ @ @ @ @ @ @ Action , or as it is more commonly known , the Iran nuclear deal .
The deal removed sanctions from Iran in exchange for regular surveillance on its nuclear program by the U.S. and participating nations in the agreement .
The withdrawal by Trump was met with mixed reviews and sharp international criticism given that the deal ’ s construction was painstaking for all parties , taking the U.S. under the Obama administration and a host of other world powers years to finalize mutually agreeable terms .
Pompeo heads to the United Nations @ @ @ @ @ @ @ complaint with the Security Council citing U.S. grievances .
Once he does this , a full vote by the 15-member security council can be held .
America is permitted a veto in this process .
In a statement earlier this week , Josep Borrell , the European Union ’ s policy chief rebuffed the suggestion that the U.S. even has a say in sanctions against Iran at this point .
“ Given that the U.S. unilaterally withdrew from the JCPOA in May 2018 and has not participated in any JCPOA structures or activities @ @ @ @ @ @ @ considered as a JCPOA participant.
” Borrell said on Aug. 16 .
Therefore , Borrell added , the U.S. is “ not in a position to resort to mechanisms reserved for JCPOA participants ” like the snapback Pompeo will demand .
When the Trump administration first pulled out of the deal in 2018 and issued a series of new economic sanctions on the nation — and several others who might try to do business with the country — Iran , for a time , appeared to be holding steady and avoiding any activities @ @ @ @ @ @ @ November 2019 , the International Atomic Energy Agency reported finding uranium enrichment activity unfolding inside of a fortified installation beneath an Iranian mountainside , according to the Associated Press .
The same IAEA report confirmed the construction of nuclear centrifuges inside of Iran ’ s Fordow Fuel Enrichment Plant and elsewhere .
Part of the JCPOA specifically , was the promise to convert the Fordow enrichment plant into a civilian research center .
“ Mark it down , ” Trump said from the White House on Wednesday .
“ Iran will never have @ @ @ @ @ @ @ is a technicality that the Trump administration contends will permit the U.S. to invoke the snapback Thursday .
When the UN Security Council passed a resolution to enshrine the deal in 2015 , the resolution listed the agreement ’ s “ participants.
” Those “ participants ” included the U.S. , Iran , Britain , France , Germany , Russia and China .
Other signatories included additional members from the EU .
But the U.S. pulled itself out of the deal as a participant , even in the process , releasing arguably unequivocal @ @ @ @ @ @ @ much .
At the top of one fact sheet issued by the White House on the day of its withdrawal , the sheet ’ s heading reads expressly that President Trump is “ ending United States participation ” in the “ unacceptable ” deal .
Yet , the Trump administration argues , the resolution to enshrine the agreement known as UN Security Council resolution 2231 also features language that says a “ participant state ” can submit its grievances and request that sanctions be applied .
At a separate press conference held earlier @ @ @ @ @ @ @ U.S. demand was “ fully valid ” and “ enforceable.
” Whether it really will remains to be seen since the council is not a court of law but a diplomatic body and the JCPOA is not a contract that can be litigated anywhere other than inside of the U.N. ’ s hallowed halls .
Participating nations can ignore the submission from the U.S. altogether but regardless of that , once the complaint is filed , new wheels are set in motion : The Security Council will have 30 days to either adopt @ @ @ @ @ @ @ relief to Iran even as America cracks down or the body will see an automatic snapback on sanctions kick in .
With its veto power on the council , the U.S. is expected to exercise it .

President Donald Trump confirmed Wednesday that the United States will formally demand Thursday that the United Nations restore nearly all previously ordered sanctions against Iran.
WASHINGTON (CN) — President Donald Trump confirmed Wednesday that the United States will formally demand Thursday that the United Nations restore nearly all previously ordered sanctions against Iran.
From the White House press briefing room on Wednesday night, the president said he officially directed Secretary of State Mike Pompeo to alert the United Nations security council on Thursday during his impending visit.
“It’s a snapback, it’s common,” Trump told reporters.
What is uncommon, however, is the U.S. demanding to play a role in a deal it already withdrew from some two years ago.
In 2018, Trump yanked the United States from the Joint Comprehensive Plan of Action, or as it is more commonly known, the Iran nuclear deal. The deal removed sanctions from Iran in exchange for regular surveillance on its nuclear program by the U.S. and participating nations in the agreement.
The withdrawal by Trump was met with mixed reviews and sharp international criticism given that the deal’s construction was painstaking for all parties, taking the U.S. under the Obama administration and a host of other world powers years to finalize mutually agreeable terms.
Pompeo heads to the United Nations Thursday where he will file the formal complaint with the Security Council citing U.S. grievances. Once he does this, a full vote by the 15-member security council can be held. America is permitted a veto in this process.
In a statement earlier this week, Josep Borrell, the European Union’s policy chief rebuffed the suggestion that the U.S. even has a say in sanctions against Iran at this point.
“Given that the U.S. unilaterally withdrew from the JCPOA in May 2018 and has not participated in any JCPOA structures or activities subsequently, the U.S. cannot be considered as a JCPOA participant." Borrell said on Aug. 16.
Therefore, Borrell added, the U.S. is “not in a position to resort to mechanisms reserved for JCPOA participants” like the snapback Pompeo will demand.
When the Trump administration first pulled out of the deal in 2018 and issued a series of new economic sanctions on the nation — and several others who might try to do business with the country — Iran, for a time, appeared to be holding steady and avoiding any activities aimed at nuclear proliferation.
But by November 2019, the International Atomic Energy Agency reported finding uranium enrichment activity unfolding inside of a fortified installation beneath an Iranian mountainside, according to the Associated Press.
The same IAEA report confirmed the construction of nuclear centrifuges inside of Iran’s Fordow Fuel Enrichment Plant and elsewhere. Part of the JCPOA specifically, was the promise to convert the Fordow enrichment plant into a civilian research center.
“Mark it down,” Trump said from the White House on Wednesday. “Iran will never have a nuclear weapon.”
Ultimately, it is a technicality that the Trump administration contends will permit the U.S. to invoke the snapback Thursday.
When the UN Security Council passed a resolution to enshrine the deal in 2015, the resolution listed the agreement’s “participants.” Those “participants” included the U.S., Iran, Britain, France, Germany, Russia and China. Other signatories included additional members from the EU.
But the U.S. pulled itself out of the deal as a participant, even in the process, releasing arguably unequivocal statements and administration fact sheets saying as much. At the top of one fact sheet issued by the White House on the day of its withdrawal, the sheet’s heading reads expressly that President Trump is “ending United States participation” in the “unacceptable” deal.
Yet, the Trump administration argues, the resolution to enshrine the agreement known as UN Security Council resolution 2231 also features language that says a “participant state” can submit its grievances and request that sanctions be applied. At a separate press conference held earlier Wednesday, Secretary Pompeo said the impending U.S. demand was “fully valid” and “enforceable.”
Whether it really will remains to be seen since the council is not a court of law but a diplomatic body and the JCPOA is not a contract that can be litigated anywhere other than inside of the U.N.’s hallowed halls.
Participating nations can ignore the submission from the U.S. altogether but regardless of that, once the complaint is filed, new wheels are set in motion: The Security Council will have 30 days to either adopt a new resolution that would extend sanctions relief to Iran even as America cracks down or the body will see an automatic snapback on sanctions kick in.
With its veto power on the council, the U.S. is expected to exercise it.


courthousenews--2020-08-20--Oil & Gas Leases

Oil & Gas Leases

DENVER — Conservationists sued the Trump administration Wednesday over oil and gas leases in Colorado ’ s North Fork Valley @ @ @ @ @ done “ without defining or taking steps to prevent unnecessary or undue degradation of the @ @ @

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


courthousenews--2020-08-20--Teachers Union Sues Iowa Governor Over School Reopening Plan

( CN ) — A statewide Iowa teachers union and a local school district filed suit against Iowa Governor Kim Reynolds Wednesday seeking to halt her order that public schoolchildren spend at least half of their time in the classroom beginning this fall amid the Covid-19 pandemic .
The lawsuit is the latest salvo in a battle between a growing number of Iowa school districts and the governor and the state Department of Education over returning to school in coming weeks .
School officials and many parents are worried about sending children , teachers and staff back to the classroom @ @ @ @ @ @ @ see large numbers of new Covid-19 cases .
The state just passed 1,000 deaths and reported 580 new cases Wednesday .
Iowa schoolchildren have not been in classrooms since March after the pandemic hit , and all instruction moved online .
With the new school year approaching , Iowa school administrators were preparing plans , ranging from total virtual learning to partial classroom instruction .
But on July 17 , the governor ordered that all public or state-accredited private schools provide at least 50 % in-class instruction unless positive test results for the @ @ @ @ @ @ @ district or a district receives a waiver from the state Department of Education .
Nonetheless , a number of districts , including the state ’ s largest in Des Moines , have since announced they intend to open the school year with 100 % virtual instruction .
Some have indicated they are prepared to defy the governor if they are not granted waivers , prompting the governor to threaten to deny education credits for those schools or to take licensure action against school administrators .
“ I want to be very clear , @ @ @ @ @ @ @ school for at least 50 % in-person instruction are not defying me , they are defying the law , ” Reynolds said at an Aug. 4 press conference .
In mandating 50 % in-class teaching , the governor has cited legislation passed unanimously by the Iowa Legislature in June , which she signed into law , that requires instruction be “ primarily ” in the classroom .
Some school administrators dispute the governor ’ s interpretation of the legislation .
The Iowa State Education Association took the issue to court in the lawsuit @ @ @ @ @ @ @ School District as a plaintiff .
The complaint argues that the governor ’ s edict on 50 % in-class education violates the rights of Iowans under the Iowa Constitution and puts the basic rights of citizens to defend their health and lives in needless jeopardy .
The complaint also argues the governor exceeded her authority in issuing the mandate , which “ unlawfully usurps ” the authority of school districts , which the plaintiffs argue have “ exclusive jurisdiction in all school matters ” under Iowa law .
“ As educators , we @ @ @ @ @ @ @ safety of our students , ” ISEA President Mike Beranek said in a statement released Wednesday .
“ When educators enter a school building , they are signaling that it is safe for students to enter as well .
It is a tremendous responsibility and one we can no longer ensure given the current guidelines in place.
” The complaint states the governor ’ s order makes a difficult situation worse for Iowa educators .
“ By not allowing local school boards to determine quickly , and independently of the Department and the @ @ @ @ @ @ @ schools in their district should be closed and moved to remote learning , ” the complaint states , “ the delay in seeking , and perhaps being denied , permission .
.
.
to effectuate such a closure will only exacerbate an already untenable situation in providing a safe education to Iowa students during the 2020-21 school year in all public school districts in Iowa.
” The plaintiffs seek an injunction that prevents the governor and the education department from enforcing the in-class mandate and taking punitive measures against schools that do not @ @ @ @ @ @ @ The lawsuit , filed in Johnson County District Court , names the governor , the state Department of Education , and department director Ann Lebo .
The complaint was filed by ISEA attorney Gerald Hammond .
The governor ’ s office did not immediately respond to a request for comment from Courthouse News Wednesday .

A statewide Iowa teachers union and a local school district filed suit against Iowa Governor Kim Reynolds Wednesday seeking to halt her order that public schoolchildren spend at least half of their time in the classroom beginning this fall amid the Covid-19 pandemic.
(CN) — A statewide Iowa teachers union and a local school district filed suit against Iowa Governor Kim Reynolds Wednesday seeking to halt her order that public schoolchildren spend at least half of their time in the classroom beginning this fall amid the Covid-19 pandemic.
The lawsuit is the latest salvo in a battle between a growing number of Iowa school districts and the governor and the state Department of Education over returning to school in coming weeks.
School officials and many parents are worried about sending children, teachers and staff back to the classroom at a time when Iowa continues to see large numbers of new Covid-19 cases. The state just passed 1,000 deaths and reported 580 new cases Wednesday.
Iowa schoolchildren have not been in classrooms since March after the pandemic hit, and all instruction moved online. With the new school year approaching, Iowa school administrators were preparing plans, ranging from total virtual learning to partial classroom instruction.
But on July 17, the governor ordered that all public or state-accredited private schools provide at least 50% in-class instruction unless positive test results for the virus exceed a certain level within a district or a district receives a waiver from the state Department of Education.
Nonetheless, a number of districts, including the state’s largest in Des Moines, have since announced they intend to open the school year with 100% virtual instruction. Some have indicated they are prepared to defy the governor if they are not granted waivers, prompting the governor to threaten to deny education credits for those schools or to take licensure action against school administrators.
“I want to be very clear, schools that choose not to return to school for at least 50% in-person instruction are not defying me, they are defying the law," Reynolds said at an Aug. 4 press conference.
In mandating 50% in-class teaching, the governor has cited legislation passed unanimously by the Iowa Legislature in June, which she signed into law, that requires instruction be “primarily” in the classroom. Some school administrators dispute the governor’s interpretation of the legislation.
The Iowa State Education Association took the issue to court in the lawsuit filed Wednesday along with the Iowa City School District as a plaintiff. The complaint argues that the governor’s edict on 50% in-class education violates the rights of Iowans under the Iowa Constitution and puts the basic rights of citizens to defend their health and lives in needless jeopardy.
The complaint also argues the governor exceeded her authority in issuing the mandate, which “unlawfully usurps” the authority of school districts, which the plaintiffs argue have “exclusive jurisdiction in all school matters” under Iowa law.
“As educators, we are responsible for safeguarding the health and safety of our students,” ISEA President Mike Beranek said in a statement released Wednesday. “When educators enter a school building, they are signaling that it is safe for students to enter as well. It is a tremendous responsibility and one we can no longer ensure given the current guidelines in place.”
The complaint states the governor’s order makes a difficult situation worse for Iowa educators.
“By not allowing local school boards to determine quickly, and independently of the Department and the Iowa Department of Public Health, whether schools in their district should be closed and moved to remote learning,” the complaint states, “the delay in seeking, and perhaps being denied, permission . . . to effectuate such a closure will only exacerbate an already untenable situation in providing a safe education to Iowa students during the 2020-21 school year in all public school districts in Iowa.”
The plaintiffs seek an injunction that prevents the governor and the education department from enforcing the in-class mandate and taking punitive measures against schools that do not follow the governor’s order.
The lawsuit, filed in Johnson County District Court, names the governor, the state Department of Education, and department director Ann Lebo. The complaint was filed by ISEA attorney Gerald Hammond.
The governor’s office did not immediately respond to a request for comment from Courthouse News Wednesday.


courthousenews--2020-08-19--Judge Judy Slaps Talent Agency With $22 Million Suit Over Series Profits

LOS ANGELES ( CN ) — Daytime TV reality star “ Judge Judy ” Sheindlin filed a $ 22 million lawsuit against a talent agency in Los Angeles County Superior Court on Wednesday , claiming the agency and its chief agent have collected syndication fees from her series over the last 24 years even though they had no part in the show ’ s success .
Sheindlin , who presides over her daytime arbitration-style courtroom series , calls Richard Lawrence “ an unethical and self-dealing talent agent , and one of the luckiest men in the world , ” according @ @ @ @ @ @ @ York family court judge in the 1980s and in 1993 , Sheindlin caught the attention of producers Kaye Switzer and Sandi Spreckman after a “ 60 Minutes ” profile showcased her quick-witted style in the courtroom .
The two went on to create the series with Sheindlin , but she argues Lawrence only briefly represented the producers and never represented a package deal on the series .
In Hollywood terminology , packaging has to do with proposals made to TV studios and in those arrangements , agencies collect a fee for putting together @ @ @ @ @ @ @ Partners have collected fees made from the syndication of “ Judge Judy ” over the last 24 years .
She says they are not entitled to collect “ one penny of fees ” because the agency did not represent a package deal .
According to the complaint , Rebel Entertainment , successor to Abrams Rubaloff & Lawrence , have collected $ 22 million in fees “ effectively stealing from the series ’ bona fide profit participants , including Sheindlin.
” And Sheindlin says she ’ s not suing for the money .
“ @ @ @ @ @ @ @ this action personally , and will donate any net proceeds she receives from an award to the charity Stand Up To Cancer , ” according to the complaint .
“ Sheindlin ’ s rights are violated each and every time the fees are deducted from her share ” of the series adjusted gross receipts , according to the complaint .
She claims whatever fees have been collected from the series ’ syndicator , Big Ticket Television , are “ lacking in consideration , unconscionable , unlawful , voice and unenforceable.
” Sheindlin is @ @ @ @ @ @ @ Singer .
“ Judge Judy ” began its 25th season this year , which Sheindlin said would be her last .
Earlier this month , Rebel Entertainment sued Big Ticket , CBS Studios , Sheindlin and others claiming the talent agency was owed some percentage if any episodes of “ Judge Judy ” were sold .

Daytime TV reality star “Judge Judy” Sheindlin filed a $22 million lawsuit against a talent agency in Los Angeles County Superior Court on Wednesday, claiming the agency and its chief agent have collected syndication fees from her series over the last 24 years even though they had no part in the show’s success.
LOS ANGELES (CN) — Daytime TV reality star “Judge Judy” Sheindlin filed a $22 million lawsuit against a talent agency in Los Angeles County Superior Court on Wednesday, claiming the agency and its chief agent have collected syndication fees from her series over the last 24 years even though they had no part in the show’s success.
Sheindlin, who presides over her daytime arbitration-style courtroom series, calls Richard Lawrence “an unethical and self-dealing talent agent, and one of the luckiest men in the world,” according to her complaint.
Originally a New York family court judge in the 1980s and in 1993, Sheindlin caught the attention of producers Kaye Switzer and Sandi Spreckman after a “60 Minutes” profile showcased her quick-witted style in the courtroom. The two went on to create the series with Sheindlin, but she argues Lawrence only briefly represented the producers and never represented a package deal on the series.
In Hollywood terminology, packaging has to do with proposals made to TV studios and in those arrangements, agencies collect a fee for putting together those deals.
Sheindlin says Rebel Entertainment Partners have collected fees made from the syndication of “Judge Judy” over the last 24 years. She says they are not entitled to collect “one penny of fees” because the agency did not represent a package deal.
According to the complaint, Rebel Entertainment, successor to Abrams Rubaloff & Lawrence, have collected $22 million in fees “effectively stealing from the series’ bona fide profit participants, including Sheindlin.”
And Sheindlin says she’s not suing for the money.
“Sheindlin does not seek to profit from this action personally, and will donate any net proceeds she receives from an award to the charity Stand Up To Cancer,” according to the complaint. “Sheindlin’s rights are violated each and every time the fees are deducted from her share” of the series adjusted gross receipts, according to the complaint.
She claims whatever fees have been collected from the series’ syndicator, Big Ticket Television, are “lacking in consideration, unconscionable, unlawful, voice and unenforceable.”
Sheindlin is represented by Martin Singer of Lavely and Singer.
“Judge Judy” began its 25th season this year, which Sheindlin said would be her last.
Earlier this month, Rebel Entertainment sued Big Ticket, CBS Studios, Sheindlin and others claiming the talent agency was owed some percentage if any episodes of “Judge Judy” were sold.


courthousenews--2020-08-19--Lagging Behind in Census Response, Houston Spends More on Outreach

HOUSTON ( CN ) — With around half of Houston ’ s residents yet to fill out the census , the City Council approved $ 175,000 on Wednesday to pay for billboards , text message , email and phone campaigns to reach holdouts , a move one councilman said is throwing more money down the drain of a failed outreach effort .
The stakes are huge for the Bayou City .
For each 1 % of residents not counted , the city stands to lose $ 250 million in federal funds , according to Mayor Sylvester Turner .
About 55 @ @ @ @ @ @ @ – at that rate , Houston would be out $ 11.25 billion .
“ This is the most diverse city in the United States .
We have people who come from every walk of life .
It would be hurtful for all of us if that diversity is not reflected in our census response , ” Turner said Wednesday afternoon in a webinar sponsored by the nonprofit India House Houston .
“ Be an ambassador of one , go out and ask other people have you responded to the census and if they @ @ @ @ @ @ @ and ask them why they haven ’ t done it , ” Turner added .
The government does the census every 10 years and it is critical for cities to get accurate head counts because federal funds for schools , hospitals , Medicare and Medicaid , highway maintenance , housing assistance and preschool programs are allocated based on population .
Demographers have predicted Houston ’ s population could overtake Chicago ’ s by 2025 , advancing it to the third largest behind New York and Los Angeles .
“ But if we stop @ @ @ @ @ @ @ Houstonians respond to the census we are not going to overtake anybody , ” Turner said .
The City Council voted 14-2 to pay another $ 175,000 to a census outreach contractor , adding to the $ 1.27 million it has already received for public relations work focused on coaxing out “ hard-to-count populations ” such as undocumented immigrants and non-English speakers .
Officials in surrounding Harris County have kicked in another $ 4 million for the census .
The Trump administration recently moved the census completion deadline up a month to Sept. @ @ @ @ @ @ @ too late to get the word out on billboards .
“ Now mind you , billboards don ’ t just come up tomorrow , ” he said .
“ We ’ ve got about 45 days .
This is crunch time for us .
By the time you find locations for the billboards , purchase access to the billboards , print the material , put it up on the billboards , you ’ re talking two weeks.
” Travis recommended direct marketing in which census-info flyers would be placed in apartment doors .
@ @ @ @ @ @ @ counted .
I don ’ t think this money is going to do it .
I think it will just be more money down the drain , ” he said .
Houston ’ s census response rate is about 10 % behind the national average of 64 % , according to the U.S. Census Bureau .
Among states , Minnesota ’ s 73.1 % response rate leads , while Texas is near the bottom at 59.2 % .
“ Why are we behind nationally ?
” he said .
“ One of reasons @ @ @ @ @ @ @ few states that did not put any dollars into the census program .
Texas appropriated zero dollars to the census and when you look at most states , their states put in dollars along with their local governments.
” California , meanwhile , has allocated $ 154 million for census outreach .
Turner said the extra $ 175,000 to try to boost the census count is well worth it given each respondent equates to $ 1,000 to $ 1,500 in federal funds each year for the next 10 years .
Council member Robert @ @ @ @ @ @ @ to put a citizenship question on the census , which the U.S. Supreme Court nixed , has put fear in immigrant communities .
“ That ’ s why our numbers are down , ” he said in the meeting conducted via videoconference software .
Gallegos said he is working with the city ’ s public works department to see if it can place census-info inserts in water bills , one side in English , the other in Spanish , listing the nine questions asked on the census so people can understand there ’ @ @ @ @ @ @ @ Edward Pollard suggested bringing iPads to informational events so people can fill out the census then and there .
The census deadline could be moved back to Oct. 30 because of litigation challenging the shortened timeline .
Harris County , the state ’ s largest by population , this week filed an amicus brief in support of a federal lawsuit claiming the shortened timeline is unconstitutional because it will result in an inaccurate count .

With around half of Houston’s residents yet to fill out the census, the City Council approved $175,000 on Wednesday to pay for billboards, text message, email and phone campaigns to reach holdouts, a move one councilman said is throwing more money down the drain of a failed outreach effort.
HOUSTON (CN) — With around half of Houston’s residents yet to fill out the census, the City Council approved $175,000 on Wednesday to pay for billboards, text message, email and phone campaigns to reach holdouts, a move one councilman said is throwing more money down the drain of a failed outreach effort.
The stakes are huge for the Bayou City. For each 1% of residents not counted, the city stands to lose $250 million in federal funds, according to Mayor Sylvester Turner. About 55% of residents have completed the census – at that rate, Houston would be out $11.25 billion.
“This is the most diverse city in the United States. We have people who come from every walk of life. It would be hurtful for all of us if that diversity is not reflected in our census response,” Turner said Wednesday afternoon in a webinar sponsored by the nonprofit India House Houston.
“Be an ambassador of one, go out and ask other people have you responded to the census and if they haven’t, ask them to and ask them why they haven’t done it,” Turner added.
The government does the census every 10 years and it is critical for cities to get accurate head counts because federal funds for schools, hospitals, Medicare and Medicaid, highway maintenance, housing assistance and preschool programs are allocated based on population.
Demographers have predicted Houston’s population could overtake Chicago’s by 2025, advancing it to the third largest behind New York and Los Angeles.
“But if we stop right now and only 55% of Houstonians respond to the census we are not going to overtake anybody,” Turner said.
The City Council voted 14-2 to pay another $175,000 to a census outreach contractor, adding to the $1.27 million it has already received for public relations work focused on coaxing out “hard-to-count populations” such as undocumented immigrants and non-English speakers. Officials in surrounding Harris County have kicked in another $4 million for the census.
City Councilman Greg Travis, a Republican, voted against the re-up.
The Trump administration recently moved the census completion deadline up a month to Sept. 30, and Travis said it is too late to get the word out on billboards.
“Now mind you, billboards don’t just come up tomorrow,” he said. “We’ve got about 45 days. This is crunch time for us. By the time you find locations for the billboards, purchase access to the billboards, print the material, put it up on the billboards, you’re talking two weeks.”
Travis recommended direct marketing in which census-info flyers would be placed in apartment doors.
“We need to get these people counted. I don’t think this money is going to do it. I think it will just be more money down the drain,” he said.
Houston’s census response rate is about 10% behind the national average of 64%, according to the U.S. Census Bureau. Among states, Minnesota’s 73.1% response rate leads, while Texas is near the bottom at 59.2%.
Mayor Turner, a Democrat, blamed Houston’s census difficulties in part on Texas’ Republican-majority Legislature.
“Why are we behind nationally?” he said. “One of reasons is because Texas is one of the few states that did not put any dollars into the census program. Texas appropriated zero dollars to the census and when you look at most states, their states put in dollars along with their local governments.”
California, meanwhile, has allocated $154 million for census outreach.
Turner said the extra $175,000 to try to boost the census count is well worth it given each respondent equates to $1,000 to $1,500 in federal funds each year for the next 10 years.
Council member Robert Gallegos said President Trump’s efforts to put a citizenship question on the census, which the U.S. Supreme Court nixed, has put fear in immigrant communities.
“That’s why our numbers are down,” he said in the meeting conducted via videoconference software.
Gallegos said he is working with the city’s public works department to see if it can place census-info inserts in water bills, one side in English, the other in Spanish, listing the nine questions asked on the census so people can understand there’s nothing to fear.
Council member Edward Pollard suggested bringing iPads to informational events so people can fill out the census then and there.
The census deadline could be moved back to Oct. 30 because of litigation challenging the shortened timeline.
Harris County, the state’s largest by population, this week filed an amicus brief in support of a federal lawsuit claiming the shortened timeline is unconstitutional because it will result in an inaccurate count.


courthousenews--2020-08-19--Florida Teachers Urge Judge to Halt Full School Reopening

TALLAHASSEE , Fla. ( CN ) — James Lis , a high school science teacher in Orlando , has taught in Florida ’ s public schools for the last 21 years .
But if he is forced to teach his students in-person on Friday , when Orange County schools open , he will resign .
“ If there is no change , I ’ m going to have to explain class by class I can ’ t return , ” Lis said through tears during an emergency injunction hearing on Wednesday .
“ No , I ’ m not going @ @ @ @ @ @ @ my students over so many difficult things , but I can ’ t put my family at risk.
” For eight hours , teachers , medical experts , a school board member and a union president implored Leon County Circuit Court Judge Charles Dodson to halt the opening of brick-and-mortar schools as the state continues to wrestle with the coronavirus pandemic .
The Florida Education Association , the state ’ s largest teachers union , brought a lawsuit against state officials last month after Education Commissioner Richard Corcoran issued an executive order that @ @ @ @ @ @ @ least five days per week .
FEA ’ s lawsuit seeks to block that order .
The union claims opening brick-and-mortar schools violates the Florida Constitution , which mandates the safe operation of public schools .
A group of teachers and parents also joined the lawsuit as plaintiffs .
“ Any opening of the schools will bring about some type of risk , but a greater risk is the closing of the schools , ” David Wells , who is representing Governor Ron DeSantis and the Department of Education , told the court @ @ @ @ @ @ @ , who are both named in the suit , have stressed schools should give parents the choice of in-person learning for their children or virtual learning .
But some teachers , like Lis , say the district is forcing them into face-to-face instruction and not giving them a choice to opt-out .
Lis and other teachers testified they are woefully unprepared to maintain CDC guidelines in their classrooms .
“ I was given a gallon of hand sanitizer and one can of cleaning wipes , ” Lis said , adding the school offered @ @ @ @ @ @ @ masks .
Andre Escobar , a math teacher in Osceola County , said his school gave him a face mask and a box of tissues .
Both teachers said they would be solely responsible for cleaning classrooms between periods .
Then there ’ s the issues of bathrooms , which frequently run out of paper towels , and the cafeteria , in which students will have to remove their masks to eat .
“ These are things that do not give me a lot of confidence , ” Lis said .
For Escobar @ @ @ @ @ @ @ virus could be a death sentence , he said .
“ My doctor said it would be unlikely for me to survive , ” he told the court .
Dr. Annette Nielsen , a pediatric doctor who is on a medical advisory committee for the Orange County school system , ripped apart the manual detailing the state ’ s reopening plan during her testimony .
“ In my opinion , there was a lack of direction , lack of certainty , lack of definition and lack of guidance , ” she said .
@ @ @ @ @ @ @ ” Frederick Ingram , president of the FEA , testified that teachers are deciding to retire early .
“ Frankly , education professionals and teachers across the state are panicked and afraid , ” Ingram said .
“ Of course they want to go back to school , they just want to do it safely.
” Eleven districts across the state have already reopened schools .
In Martin County , possible Covid-19 cases in the first week of opening forced nearly 300 students and 14 teachers into quarantine .
Other school districts plan @ @ @ @ @ @ @ week and Aug. 31 .
The Florida Department of Health ’ s latest update reported 4,200 new cases on Wednesday .
Another 174 residents died , state records show , bringing the death toll over the last six months to more than 10,000 .
Half of those deaths occurred in the last month .
Although the number of cases has trended downward over the last few weeks , the state ’ s percentage of positive cases has hovered around 10 % .
The Centers for Disease Control and Prevention and the World Health @ @ @ @ @ @ @ % or less indicates the virus is under control .
Dr. Thomas Burke , an associate professor at Harvard Medical School and director of the Global Health Innovations Lab at Massachusetts General Hospital , said placing children in schools before the positivity rate gets below 5 % would cause an “ explosion ” of cases .
“ Over 5 % the risk for rapid surge of disease that will harm the population and overrun the health system is magnified immensely , ” he told the court .
At the conclusion of the hearing @ @ @ @ @ @ @ not come until next week .
“ Waiting undercuts what this emergency relief was sought for back in July , ” one of the plaintiffs ’ attorneys , Jacob Stuart Jr. , told the judge .
But Dodson was not swayed .
“ I just don ’ t think I can make an off-the-cuff decision of this magnitude without looking at the evidence , ” he said .
The hearing continues on Thursday with testimony from the state ’ s witnesses .

James Lis, a high school science teacher in Orlando, has taught in Florida’s public schools for the last 21 years. But if he is forced to teach his students in-person on Friday, when Orange County schools open, he will resign.
TALLAHASSEE, Fla. (CN) — James Lis, a high school science teacher in Orlando, has taught in Florida’s public schools for the last 21 years. But if he is forced to teach his students in-person on Friday, when Orange County schools open, he will resign.
“If there is no change, I’m going to have to explain class by class I can’t return,” Lis said through tears during an emergency injunction hearing on Wednesday. “No, I'm not going. I have chosen my kids, my students over so many difficult things, but I can't put my family at risk."
For eight hours, teachers, medical experts, a school board member and a union president implored Leon County Circuit Court Judge Charles Dodson to halt the opening of brick-and-mortar schools as the state continues to wrestle with the coronavirus pandemic.
The Florida Education Association, the state’s largest teachers union, brought a lawsuit against state officials last month after Education Commissioner Richard Corcoran issued an executive order that requires in-person learning this month for at least five days per week.
FEA’s lawsuit seeks to block that order. The union claims opening brick-and-mortar schools violates the Florida Constitution, which mandates the safe operation of public schools.
A group of teachers and parents also joined the lawsuit as plaintiffs.
“Any opening of the schools will bring about some type of risk, but a greater risk is the closing of the schools,” David Wells, who is representing Governor Ron DeSantis and the Department of Education, told the court during opening statements.
Corcoran and DeSantis, who are both named in the suit, have stressed schools should give parents the choice of in-person learning for their children or virtual learning.
But some teachers, like Lis, say the district is forcing them into face-to-face instruction and not giving them a choice to opt-out.
Lis and other teachers testified they are woefully unprepared to maintain CDC guidelines in their classrooms.
“I was given a gallon of hand sanitizer and one can of cleaning wipes,” Lis said, adding the school offered face shields but ran out of face masks.
Andre Escobar, a math teacher in Osceola County, said his school gave him a face mask and a box of tissues.
Both teachers said they would be solely responsible for cleaning classrooms between periods. Then there’s the issues of bathrooms, which frequently run out of paper towels, and the cafeteria, in which students will have to remove their masks to eat.
“These are things that do not give me a lot of confidence,” Lis said.
For Escobar, who is quadriplegic, catching the virus could be a death sentence, he said.
“My doctor said it would be unlikely for me to survive,” he told the court.
Dr. Annette Nielsen, a pediatric doctor who is on a medical advisory committee for the Orange County school system, ripped apart the manual detailing the state’s reopening plan during her testimony.
“In my opinion, there was a lack of direction, lack of certainty, lack of definition and lack of guidance,” she said. “These are schools, not hospitals.”
Frederick Ingram, president of the FEA, testified that teachers are deciding to retire early.
“Frankly, education professionals and teachers across the state are panicked and afraid,” Ingram said. “Of course they want to go back to school, they just want to do it safely.”
Eleven districts across the state have already reopened schools. In Martin County, possible Covid-19 cases in the first week of opening forced nearly 300 students and 14 teachers into quarantine.
Other school districts plan to open later this week, next week and Aug. 31.
The Florida Department of Health’s latest update reported 4,200 new cases on Wednesday. Another 174 residents died, state records show, bringing the death toll over the last six months to more than 10,000. Half of those deaths occurred in the last month.
Although the number of cases has trended downward over the last few weeks, the state’s percentage of positive cases has hovered around 10%. The Centers for Disease Control and Prevention and the World Health Organization advise a positivity rate of 5% or less indicates the virus is under control.
Dr. Thomas Burke, an associate professor at Harvard Medical School and director of the Global Health Innovations Lab at Massachusetts General Hospital, said placing children in schools before the positivity rate gets below 5% would cause an “explosion” of cases.
“Over 5% the risk for rapid surge of disease that will harm the population and overrun the health system is magnified immensely,” he told the court.
At the conclusion of the hearing, Judge Dodson suggested his decision may not come until next week.
“Waiting undercuts what this emergency relief was sought for back in July,” one of the plaintiffs’ attorneys, Jacob Stuart Jr., told the judge.
But Dodson was not swayed.
“I just don’t think I can make an off-the-cuff decision of this magnitude without looking at the evidence,” he said.
The hearing continues on Thursday with testimony from the state’s witnesses.


courthousenews--2020-08-19--California Courts Covid Update

California Courts Covid Update

Aug. 13 , 2020 : Circulating order memorandum regarding emergency rules for unlawful detainer and foreclosure actions in response to @


Top Eight

Your Wednesday night briefing from the staff of Courthouse News Top eight CNS stories for today including President Trump ’ s reelection campaign brought a federal complaint to stop New Jersey from mailing a ballot to everyone in the state ; Belarus is heading toward an escalation of tensions and drama after the European Union and Russia warned each other against interfering in the Eastern European nation ; Governor Gavin Newsom said relief is incoming from neighboring states to help fight the over 360 active wildfires in California , and more .
Sign up for CNS Top Eight , a @ @ @ @ @ @ @ stories delivered directly to your email Monday through Friday .
1 . )
President Trump ’ s reelection campaign brought a federal complaint to stop New Jersey from mailing a ballot to everyone in the state .
2 . )
Drivers who deliver Amazon packages are transportation workers engaged in interstate commerce even if they do not cross state lines , the Ninth Circuit ruled Wednesday .
3 . )
An attempt by one of the country ’ s largest winemakers to squash a prominent industry critic who cast the winery as “ @ @ @ @ @ @ @ federal court .
4 . )
As the nation continues to grapple with the coronavirus pandemic and the roughly 5.4 million cases in the United States alone , a new poll finds most Americans are embarrassed by the federal response to the crisis .
5 . )
New Jersey ’ s high court ruled Wednesday that Newark did not have the authority to delegate investigative powers , including subpoena power , to a newly created civilian police review board .
6 . )
With California ’ s bright skies once again shrouded in @ @ @ @ @ @ @ , Governor Gavin Newsom on Wednesday said relief is incoming from neighboring states to help fight the over 360 active wildfires in the state .
7 . )
Belarus is heading toward an escalation of tensions and drama after the European Union and Russia warned each other against interfering in an Eastern European nation witnessing mass protests and strikes amid a revolutionary drive to oust its longtime leader , a man often described as Europe ’ s last dictator .
8 . )
Attributing the move to its concern over China ’ s @ @ @ @ @ @ @ administration on Wednesday ended three agreements with Hong Kong targeting extradition arrangements as well as tax exemptions .

Top eight CNS stories for today including President Trump’s reelection campaign brought a federal complaint to stop New Jersey from mailing a ballot to everyone in the state; Belarus is heading toward an escalation of tensions and drama after the European Union and Russia warned each other against interfering in the Eastern European nation; Governor Gavin Newsom said relief is incoming from neighboring states to help fight the over 360 active wildfires in California, and more.
Your Wednesday night briefing from the staff of Courthouse News
Top eight CNS stories for today including President Trump’s reelection campaign brought a federal complaint to stop New Jersey from mailing a ballot to everyone in the state; Belarus is heading toward an escalation of tensions and drama after the European Union and Russia warned each other against interfering in the Eastern European nation; Governor Gavin Newsom said relief is incoming from neighboring states to help fight the over 360 active wildfires in California, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) President Trump’s reelection campaign brought a federal complaint to stop New Jersey from mailing a ballot to everyone in the state.
A woman walks past a vote-by-mail drop box for the upcoming New Jersey primary election outside the Camden, N.J., Administration Building, Wednesday, July 1, 2020. (AP Photo/Matt Slocum)
2.) Drivers who deliver Amazon packages are transportation workers engaged in interstate commerce even if they do not cross state lines, the Ninth Circuit ruled Wednesday.
In this Aug. 4, 2016, file photo, Amazon.com boxes are shown stacked near a Boeing 767 Amazon "Prime Air" cargo plane on display in a Boeing hangar in Seattle. (AP Photo/Ted S. Warren, File)
3.) An attempt by one of the country’s largest winemakers to squash a prominent industry critic who cast the winery as “fakers not makers” has soured in federal court.
4.) As the nation continues to grapple with the coronavirus pandemic and the roughly 5.4 million cases in the United States alone, a new poll finds most Americans are embarrassed by the federal response to the crisis.
Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, listens as President Donald Trump speaks about the coronavirus in the James Brady Press Briefing Room of the White House, Wednesday, April 1, 2020, in Washington. (AP Photo/Alex Brandon)
Regional
5.) New Jersey’s high court ruled Wednesday that Newark did not have the authority to delegate investigative powers, including subpoena power, to a newly created civilian police review board.
(Image via Newark Police Department via Courthouse News)
6.) With California’s bright skies once again shrouded in an apocalyptic haze of ash and smoke, Governor Gavin Newsom on Wednesday said relief is incoming from neighboring states to help fight the over 360 active wildfires in the state.
Seen in a long exposure photograph, embers burn along a hillside as the LNU Lightning Complex fires tear through unincorporated Napa County, Calif., on Tuesday, Aug. 18, 2020. Fire crews across the region scrambled to contain dozens of wildfires sparked by lightning strikes as a statewide heat wave continues. (AP Photo/Noah Berger)
International
7.) Belarus is heading toward an escalation of tensions and drama after the European Union and Russia warned each other against interfering in an Eastern European nation witnessing mass protests and strikes amid a revolutionary drive to oust its longtime leader, a man often described as Europe’s last dictator.
FILE - In this Sunday, Aug. 16, 2020 file photo opposition supporters wave a huge old Belarusian national flag as they rally in the center of Minsk, Belarus. European Union leaders are putting on a show of support Wednesday Aug. 19, 2020 for people protesting in Belarus. Emergency talks will aim to highlight their concern about the contested presidential election and ratchet up pressure on officials linked to the security crackdown that followed. The EU believes that the results of the Aug. 9 polls, which handed President Alexander Lukashenko his sixth term with 80% of the vote, "have been falsified," and the 27-nation bloc is preparing a list of Belarus officials who could be blacklisted from Europe over their roles. (AP Photo/Sergei Grits, File)
8.) Attributing the move to its concern over China’s trampling of human rights, the Trump administration on Wednesday ended three agreements with Hong Kong targeting extradition arrangements as well as tax exemptions.


NYPD Chokehold Ban

MANHATTAN — Following a similar suit by police unions , labor reps for state troopers and correctional officers sued Wednesday @ @ @ @ @ ’ s ban on chokeholds .
They say the ban criminalizes the maneuver even if @ @ @ @ @ that it encroaches on the authority of the state police superintendent .