courthousenews--2020-09-25--Advocate Groups Challenge Legitimacy of Immigration Fee Hikes

OAKLAND , Calif. ( CN ) — Drastically heightened fees for immigrants applying for U.S. citizenship , asylum and work permits will go into effect next week , absent a federal court order barring the move immigration officials claim is necessary to cover operational costs .
The Department of Homeland Security ’ s final rule , published in the federal register on Aug. 3 , will more than double the citizenship application fee , from $ 700 to $ 1,710 , or $ 1,610 for online applications , and make it harder to qualify for a fee-waiver .
The agency @ @ @ @ @ @ @ fee for asylum applications , increased work permit application fees from $ 410 to $ 550 and added new biometric services fees of $ 30 to $ 85 to multiple immigration-related applications .
Immigration advocacy groups have challenged the rule in California , Massachusetts , and in the District of Columbia , where they asked a federal judge for an injunction in a hearing Thursday .
On Friday , it was U.S. District Judge Jeffrey White ’ s turn to hear arguments on whether the rule should be invalidated .
In addition to @ @ @ @ @ @ @ , White said the fee hike “ raises series issues on constitutional checks and balances and the limit to executive power.
” Immigrant advocates say the final rule is invalid because it was proposed by former acting Homeland Security Secretary Kevin McAleenan and later finalized by Chad Wolf , the current acting Homeland Security Secretary .
The Government Accountability Office , an independent watchdog , concluded that McAleenan and Wolf were improperly appointed to their posts following the resignation of DHS Secretary Kirstjen Nielsen in April 2019 .
Just 24 hours before she @ @ @ @ @ @ @ successor , though he was third in the line of succession in his post as commissioner of Customs and Border Protection .
Wolf , who replaced McAleenan as the head CPB , became acting secretary of Homeland Security upon McAleenan ’ s resignation in November .
In March , a federal judge ruled the Trump administration also unconstitutionally selected co-defendant Ken Cuccinelli to head the U.S .
Citizenship and Immigration Services .
Attorney Samina Bharmal with Sidley Austin LLP , representing the San Francisco-based non-profit Immigrant Legal Resources Center , argued that McAleenan @ @ @ @ @ @ @ .
Bharmal said “ acting ” officials serving in their positions long-term has been an ongoing issue with the Trump administration .
President Donald Trump is currently in the process of officially naming Wolf as head of DHS .
When White asked whether Wolf was validly in office , Justice Department lawyer Brian Craigmyle said Wolf ’ s recent nomination allows him to skirt the 210-day time limit imposed on acting service by the Federal Vacancies Reform Act .
The nomination , Craigmyle said , effectively “ resets the clock.
” The immigrant @ @ @ @ @ @ @ “ end run around the FVRA ” so Wolf can continue to serve .
Apart from questioning Wolf ’ s legitimacy , the groups claim the department failed to “ cogently explain ” why the fee hikes are necessary .
“ The agency has not provided enough information for us to know if these extremely high costs are for statutory purposes , ” Bharmal said .
“ It ’ s not clear what these costs are being used for.
” “ Is this money going for a [ border ] wall ?
” @ @ @ @ @ @ @ Straus Harris .
“ Respectfully your honor , no , ” said an unamused Straus Harris , who said U.S .
Citizenship & Immigration Services is a fee-funded agency .
“ There is a growing backlog in adjudication .
The funds coming in are not sufficient to staff and process all those adjudications as promptly as the plaintiffs ’ service populations would like .
The increased fees are intended to address that , ” she said .
While Bharmal said her clients would like White to set aside the entire rule , White @ @ @ @ @ @ @ determine to what extent each causes irreparable harm .
White said he counted 52 fees at issue .

Drastically heightened fees for immigrants applying for U.S. citizenship, asylum and work permits will go into effect next week, absent a federal court order barring the move immigration officials claim is necessary to cover operational costs.
OAKLAND, Calif. (CN) — Drastically heightened fees for immigrants applying for U.S. citizenship, asylum and work permits will go into effect next week, absent a federal court order barring the move immigration officials claim is necessary to cover operational costs.
The Department of Homeland Security’s final rule, published in the federal register on Aug. 3, will more than double the citizenship application fee, from $700 to $1,710, or $1,610 for online applications, and make it harder to qualify for a fee-waiver.
The agency also created the first-ever nonwaivable $50 fee for asylum applications, increased work permit application fees from $410 to $550 and added new biometric services fees of $30 to $85 to multiple immigration-related applications.
Immigration advocacy groups have challenged the rule in California, Massachusetts, and in the District of Columbia, where they asked a federal judge for an injunction in a hearing Thursday.
On Friday, it was U.S. District Judge Jeffrey White’s turn to hear arguments on whether the rule should be invalidated.
In addition to weighing the competing financial interests at stake, White said the fee hike “raises series issues on constitutional checks and balances and the limit to executive power.”
Immigrant advocates say the final rule is invalid because it was proposed by former acting Homeland Security Secretary Kevin McAleenan and later finalized by Chad Wolf, the current acting Homeland Security Secretary.
The Government Accountability Office, an independent watchdog, concluded that McAleenan and Wolf were improperly appointed to their posts following the resignation of DHS Secretary Kirstjen Nielsen in April 2019.
Just 24 hours before she resigned, Nielsen declared McAleenan as her successor, though he was third in the line of succession in his post as commissioner of Customs and Border Protection.
Wolf, who replaced McAleenan as the head CPB, became acting secretary of Homeland Security upon McAleenan’s resignation in November.
In March, a federal judge ruled the Trump administration also unconstitutionally selected co-defendant Ken Cuccinelli to head the U.S. Citizenship and Immigration Services.
Attorney Samina Bharmal with Sidley Austin LLP, representing the San Francisco-based non-profit Immigrant Legal Resources Center, argued that McAleenan and Wolf violated the order of succession. Bharmal said “acting” officials serving in their positions long-term has been an ongoing issue with the Trump administration.
President Donald Trump is currently in the process of officially naming Wolf as head of DHS.
When White asked whether Wolf was validly in office, Justice Department lawyer Brian Craigmyle said Wolf’s recent nomination allows him to skirt the 210-day time limit imposed on acting service by the Federal Vacancies Reform Act. The nomination, Craigmyle said, effectively “resets the clock.”
The immigrant groups claim the government is attempting an “end run around the FVRA” so Wolf can continue to serve.
Apart from questioning Wolf’s legitimacy, the groups claim the department failed to “cogently explain” why the fee hikes are necessary.
“The agency has not provided enough information for us to know if these extremely high costs are for statutory purposes,” Bharmal said. “It’s not clear what these costs are being used for.”
“Is this money going for a [border] wall?” White joked to Justice Department lawyer Julie Straus Harris.
“Respectfully your honor, no,” said an unamused Straus Harris, who said U.S. Citizenship & Immigration Services is a fee-funded agency.
“There is a growing backlog in adjudication. The funds coming in are not sufficient to staff and process all those adjudications as promptly as the plaintiffs’ service populations would like. The increased fees are intended to address that,” she said.
While Bharmal said her clients would like White to set aside the entire rule, White may go through each fee individually to determine to what extent each causes irreparable harm. White said he counted 52 fees at issue.


courthousenews--2020-09-25--Dire Prediction: California Covid Hospitalizations Could Double in October

SACRAMENTO , Calif. ( CN ) — Predicting a bleak October filled with coronavirus and flu cases , California ’ s top public health official said Friday the state expects the number of people hospitalized with Covid-19 to nearly double over the next month .
After weeks of reductions in statewide cases and hospitalizations that have led to many counties reopening , California Health and Human Services chief Mark Ghaly told reporters troubling signs are unfortunately beginning to re-emerge .
He predicted Covid-19 hospitalizations could spike 89 % by the end of October and noted Labor Day gatherings and the @ @ @ @ @ @ @ “ It ’ s difficult to break them all out ; the timing , though , is expected , ” Ghaly said during an alarming pandemic update .
“ We do have concern that these are connected events.
” California leads the nation with over 800,000 confirmed coronavirus cases and is fourth in deaths with 15,400 , according to Johns Hopkins University .
The states of Texas ( 747,000 ) , Florida ( 695,000 ) , New York ( 453,000 ) and Georgia ( 313,000 ) round out the top five in terms @ @ @ @ @ @ @ continues to report significantly more deaths than any other state with 33,100 , followed by New Jersey at 16,000 .
While California continues to hold the mantle of most infections , hospitalizations and new cases have actually plummeted since a July peak .
In fact , Ghaly on Friday said hospitalizations dropped by 100 overnight for a total of 2,578 and that the state ’ s 14-day testing positivity rate — a key indicator of community spread of the virus — remains at 3 % .
In July , testing positivity rates drifted @ @ @ @ @ @ @ one point nearly 7,000 people were hospitalized .
But Ghaly said the promising trends have slowed and infection rates are beginning to creep up in regions across the state .
While the state ’ s over 400 hospitals have been able to withstand the pandemic ’ s previous surges , Ghaly said it was critical for them to prepare for the so-called “ twindemic ” on the horizon .
“ We ’ ve never done Covid hospitalizations with flu hospitalizations , ” Ghaly said .
Ghaly reiterated there is plenty of hospital-bed capacity @ @ @ @ @ @ @ urged residents to get flu shots to help prevent overcrowding .
The anticipated hospitalization spike is concerning but Ghaly claimed the state and individual counties are better suited than they were in the summer to quickly stem outbreaks .
He pointed to the stronger criteria of the state ’ s new reopening blueprint that better alert public officials to potential red flags .
With another heatwave and extreme fire conditions predicted this weekend , Ghaly implored Californians to avoid crowded spaces and resist the urge to dump their masks .
“ We know @ @ @ @ @ @ @ many of the things to reduce transmission , ” Ghaly said .
“ By doing these simple things we can hopefully bring these early trends of increase back down and help us get back to where we were just a week or two ago.
” As for demographics , Latinos make up 61 % of the confirmed cases and 48 % of Covid-19 deaths the state has been able to track this far .
Latinos make up just 39 % of the state ’ s total population .
The overwhelming majority of the @ @ @ @ @ @ @ ) are among residents over the age of 60 .
According to the University of Washington Institute for Health Metrics and Evaluation , which has been tracking and modeling the pandemic since March , California ’ s death toll is expected to nearly triple to 43,200 by the end of the year .
It also predicts the nation ’ s toll to steadily increase to a sobering 371,500 by Jan. 1 .

Predicting a bleak October filled with coronavirus and flu cases, California’s top public health official said Friday the state expects the number of people hospitalized with Covid-19 to nearly double over the next month.
SACRAMENTO, Calif. (CN) — Predicting a bleak October filled with coronavirus and flu cases, California’s top public health official said Friday the state expects the number of people hospitalized with Covid-19 to nearly double over the next month.
After weeks of reductions in statewide cases and hospitalizations that have led to many counties reopening, California Health and Human Services chief Mark Ghaly told reporters troubling signs are unfortunately beginning to re-emerge. He predicted Covid-19 hospitalizations could spike 89% by the end of October and noted Labor Day gatherings and the ongoing wildfires could be to blame.
“It’s difficult to break them all out; the timing, though, is expected,” Ghaly said during an alarming pandemic update. “We do have concern that these are connected events.”
California leads the nation with over 800,000 confirmed coronavirus cases and is fourth in deaths with 15,400, according to Johns Hopkins University.
The states of Texas (747,000), Florida (695,000), New York (453,000) and Georgia (313,000) round out the top five in terms of confirmed cases. New York meanwhile continues to report significantly more deaths than any other state with 33,100, followed by New Jersey at 16,000.
While California continues to hold the mantle of most infections, hospitalizations and new cases have actually plummeted since a July peak.
In fact, Ghaly on Friday said hospitalizations dropped by 100 overnight for a total of 2,578 and that the state’s 14-day testing positivity rate — a key indicator of community spread of the virus — remains at 3%. In July, testing positivity rates drifted around the 8% mark and at one point nearly 7,000 people were hospitalized.
But Ghaly said the promising trends have slowed and infection rates are beginning to creep up in regions across the state. While the state’s over 400 hospitals have been able to withstand the pandemic’s previous surges, Ghaly said it was critical for them to prepare for the so-called “twindemic” on the horizon.
“We’ve never done Covid hospitalizations with flu hospitalizations,” Ghaly said.
Ghaly reiterated there is plenty of hospital-bed capacity to handle the expected October increase but urged residents to get flu shots to help prevent overcrowding.
The anticipated hospitalization spike is concerning but Ghaly claimed the state and individual counties are better suited than they were in the summer to quickly stem outbreaks. He pointed to the stronger criteria of the state’s new reopening blueprint that better alert public officials to potential red flags.
With another heatwave and extreme fire conditions predicted this weekend, Ghaly implored Californians to avoid crowded spaces and resist the urge to dump their masks.
“We know that we have the tools to do many of the things to reduce transmission,” Ghaly said. “By doing these simple things we can hopefully bring these early trends of increase back down and help us get back to where we were just a week or two ago.”
As for demographics, Latinos make up 61% of the confirmed cases and 48% of Covid-19 deaths the state has been able to track this far. Latinos make up just 39% of the state’s total population. The overwhelming majority of the state’s deaths (82%) are among residents over the age of 60.
According to the University of Washington Institute for Health Metrics and Evaluation, which has been tracking and modeling the pandemic since March, California’s death toll is expected to nearly triple to 43,200 by the end of the year. It also predicts the nation’s toll to steadily increase to a sobering 371,500 by Jan. 1.


courthousenews--2020-09-25--Florida Governor Fully Removes Covid Restrictions on Bars, Restaurants

MIAMI , Fla. ( CN ) — Florida will soon see bustling restaurants , bars and other businesses as the state immediately moves into Phase 3 of its re-opening process , Governor Ron DeSantis announced on Friday .
The Republican Governor said at a press conference that he signed an order to push the state further toward reopening in order to boost Florida ’ s economy , telling reporters “ We ’ re not closing anything going forward.
” He said the state will not impose any capacity limitations on restaurants and bars , though local rules may determine whether @ @ @ @ @ @ @ limit in order to operate at 100 % capacity .
“ If a local restricts between 50 and 100 , they ’ ve got to provide the justification and they ’ ve got to identify what the costs are involved with doing that are , ” the governor clarified .
“ If you want to go beyond the 50 , you can authorize it and do it .
We ’ re not telling you you have to , but we ’ re not going to stand in the way of that , ” @ @ @ @ @ @ @ , according to County Mayor Dave Kerner on Friday night , businesses are allowed to reopen immediately under the governor ’ s order .
The county may still continue to restrict capacity to 50 % , however .
The Florida Department of Health reported to the Agency for Health Care Administration on Friday that 695,887 individuals have tested positive for Covid-19 in the Sunshine State and 13,915 residents have died of the virus so far .
The number of Covid-19 positive patients currently hospitalized in the state is down more than 70 % @ @ @ @ @ @ @ seen 18,340 new cases in the last seven days .
DeSantis recognized on Friday that the Covid-19 pandemic is persistent in the state , but vowed to “ get away from trying to penalize people ” over social distancing .
He announced the suspension of “ all outstanding fines and penalties that have been applied against individuals ” who violated pandemic-related mandates such as mask requirements .
DeSantis said he hoped to move forward in a more “ collaborative ” way as he announced that his plan bars cities and counties from collecting @ @ @ @ @ @ @ stalwart supporter of President Donald Trump , said the state is prepared should a spike in infections occur later on .

Florida will soon see bustling restaurants, bars and other businesses as the state immediately moves into Phase 3 of its re-opening process, Governor Ron DeSantis announced on Friday.
MIAMI, Fla. (CN) — Florida will soon see bustling restaurants, bars and other businesses as the state immediately moves into Phase 3 of its re-opening process, Governor Ron DeSantis announced on Friday.
The Republican Governor said at a press conference that he signed an order to push the state further toward reopening in order to boost Florida’s economy, telling reporters “We’re not closing anything going forward.”
He said the state will not impose any capacity limitations on restaurants and bars, though local rules may determine whether bars can surpass their current 50% limit in order to operate at 100% capacity.
"If a local restricts between 50 and 100, they've got to provide the justification and they've got to identify what the costs are involved with doing that are," the governor clarified.
"If you want to go beyond the 50, you can authorize it and do it. We're not telling you you have to, but we're not going to stand in the way of that," he added.
In Palm Beach County, according to County Mayor Dave Kerner on Friday night, businesses are allowed to reopen immediately under the governor's order.
The county may still continue to restrict capacity to 50%, however.
The Florida Department of Health reported to the Agency for Health Care Administration on Friday that 695,887 individuals have tested positive for Covid-19 in the Sunshine State and 13,915 residents have died of the virus so far.
The number of Covid-19 positive patients currently hospitalized in the state is down more than 70% since July. Still, Florida has seen 18,340 new cases in the last seven days.
DeSantis recognized on Friday that the Covid-19 pandemic is persistent in the state, but vowed to “get away from trying to penalize people” over social distancing.
He announced the suspension of "all outstanding fines and penalties that have been applied against individuals" who violated pandemic-related mandates such as mask requirements.
DeSantis said he hoped to move forward in a more “collaborative” way as he announced that his plan bars cities and counties from collecting such fines.
The governor, a stalwart supporter of President Donald Trump, said the state is prepared should a spike in infections occur later on.


NYC Teachers

MANHATTAN — The New York Supreme Court dismissed a lawsuit Friday from New York City teachers who sued the city @ @ @ @ @ remotely during the school semester .

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--2020-09-25--Ohio GOP, Democrats Spar Over Number of Ballot Drop Boxes

COLUMBUS , Ohio ( CN ) — The state of Ohio and various Republican groups asked a state appeals court Friday to toss a lower court ’ s approval of multiple ballot drop boxes for the upcoming presidential election .
Ohio Secretary of State Frank LaRose issued a directive Aug. 12 restricting counties to one ballot drop box each , located at the counties ’ boards of election .
Cuyahoga County , where Cleveland is located , said it would allow drop boxes at each of its six public libraries , a move that was halted by litigation .
Last @ @ @ @ @ @ @ Franklin County Common Pleas Court sided with the Ohio Democratic Party and ruled counties are not limited to one drop box .
LaRose appealed to Ohio ’ s 10th District Court of Appeals , joined by the Trump for America campaign , the Ohio Republican Party , the Republican National Committee and the Republican Congressional Committee .
Stephen Carney argued for the state that Frye overstepped his authority when he blocked LaRose ’ s decision .
Carney argued the number of boxes in each county must be uniform to be fair , and @ @ @ @ @ @ @ boxes when they passed a law in the spring requiring the ballots to be mailed or personally dropped at the board of elections .
He said LaRose expanded the statute to allow one drop box , filling in the gaps left by the Legislature .
Judge Susan Brown asked whether LaRose had the authority to do so .
“ Sure , because the secretary of state is given power to issue directives , and he or she always fills in the gaps as long as they don ’ t go against the statue @ @ @ @ @ @ @ only time the courts have found a problem is when it violates the statute or a constitutional provision.
” He went on to argue that the boards of election have the power to make rules as long as it doesn ’ t go against a directive or advisory by the secretary .
“ It ’ s telling the boards that , in the hierarchy of things , you have to obey the secretary and the secretary has to obey the statute , ” Carney argued .
He further explained that if LaRose did @ @ @ @ @ @ @ , each board would be subject to infighting as to the placement of the boxes as well as additional financial burdens for the boxes and their security .
Edward Carter , representing the Ohio Republican Party , argued along with Carney .
He said the only way the issue of additional drop boxes can be questioned is if LaRose had improperly interpreted the law .
The only way this could be , Carter argued , is if someone had challenged whether the drop boxes are allowed at all under the statute .
But @ @ @ @ @ @ @ saying there should be no drop boxes .
Arguing for the Ohio Democratic Party , Corey Colombo said that since the law is silent on the issue of drop boxes , it does not prohibit the number of drop boxes .
Judge Betsy Luper Schuster questioned this , asking if LaRose lacks authority to restrict the number of boxes .
“ So he can implement the law , why couldn ’ t he pick to limit the boxes to one location ?
” she asked .
Colombo pointed to LaRose ’ s actions @ @ @ @ @ @ @ , then made public remarks indicating he didn ’ t know how many drop boxes are allowed , then said he would make a decision on the number himself because the election is approaching .
“ History shows that there wasn ’ t a reasonable interpretation here , and the process of how this came about makes this unreasonable , ” Colombo said .
He further argued that LaRose misinterpreted the law and lacked authority to limit the number of boxes .
He also reminded the court that Judge Frye heard from 20 @ @ @ @ @ @ @ Stephen Carney is from the Ohio Attorney General ’ s Office .
Edward Carter is from the firm Jones Day .
Corey Colombo is with the firm McTigue & Colombo .
Neither side ’ s lawyers returned requests for comment by press time .

The state of Ohio and various Republican groups asked a state appeals court Friday to toss a lower court’s approval of multiple ballot drop boxes for the upcoming presidential election.
COLUMBUS, Ohio (CN) — The state of Ohio and various Republican groups asked a state appeals court Friday to toss a lower court’s approval of multiple ballot drop boxes for the upcoming presidential election.
Ohio Secretary of State Frank LaRose issued a directive Aug. 12 restricting counties to one ballot drop box each, located at the counties’ boards of election. Cuyahoga County, where Cleveland is located, said it would allow drop boxes at each of its six public libraries, a move that was halted by litigation.
Last week, Judge Richard Frye of the Franklin County Common Pleas Court sided with the Ohio Democratic Party and ruled counties are not limited to one drop box.
LaRose appealed to Ohio’s 10th District Court of Appeals, joined by the Trump for America campaign, the Ohio Republican Party, the Republican National Committee and the Republican Congressional Committee.
Stephen Carney argued for the state that Frye overstepped his authority when he blocked LaRose’s decision. Carney argued the number of boxes in each county must be uniform to be fair, and that lawmakers failed to address ballot drop boxes when they passed a law in the spring requiring the ballots to be mailed or personally dropped at the board of elections. He said LaRose expanded the statute to allow one drop box, filling in the gaps left by the Legislature.
Judge Susan Brown asked whether LaRose had the authority to do so.
“Sure, because the secretary of state is given power to issue directives, and he or she always fills in the gaps as long as they don’t go against the statue,” Carney replied. “The only time the courts have found a problem is when it violates the statute or a constitutional provision.”
He went on to argue that the boards of election have the power to make rules as long as it doesn’t go against a directive or advisory by the secretary.
“It’s telling the boards that, in the hierarchy of things, you have to obey the secretary and the secretary has to obey the statute,” Carney argued.
He further explained that if LaRose did not limit the number of drop boxes, each board would be subject to infighting as to the placement of the boxes as well as additional financial burdens for the boxes and their security.
Edward Carter, representing the Ohio Republican Party, argued along with Carney. He said the only way the issue of additional drop boxes can be questioned is if LaRose had improperly interpreted the law. The only way this could be, Carter argued, is if someone had challenged whether the drop boxes are allowed at all under the statute. But Republicans, he said, are not saying there should be no drop boxes.
Arguing for the Ohio Democratic Party, Corey Colombo said that since the law is silent on the issue of drop boxes, it does not prohibit the number of drop boxes. Judge Betsy Luper Schuster questioned this, asking if LaRose lacks authority to restrict the number of boxes.
“So he can implement the law, why couldn’t he pick to limit the boxes to one location?” she asked.
Colombo pointed to LaRose’s actions: He first asked the attorney general, then made public remarks indicating he didn’t know how many drop boxes are allowed, then said he would make a decision on the number himself because the election is approaching.
“History shows that there wasn’t a reasonable interpretation here, and the process of how this came about makes this unreasonable,” Colombo said.
He further argued that LaRose misinterpreted the law and lacked authority to limit the number of boxes.
He also reminded the court that Judge Frye heard from 20 witnesses before ruling in the case.
Stephen Carney is from the Ohio Attorney General’s Office. Edward Carter is from the firm Jones Day. Corey Colombo is with the firm McTigue & Colombo.
Neither side’s lawyers returned requests for comment by press time.


courthousenews--2020-09-26--Federal Judge Blocks Removal of Straight-Party Voting in Texas

LAREDO , Texas ( CN ) — Election Day lines stand to move a lot faster than they were expected to in Texas after a federal judge Friday blocked the state from enforcing a law that did away with straight-party voting .
Passed along party lines in 2017 by the Republican-majority Texas Legislature , HB 25 eliminated the option , starting Sept. 1 of this year , for voters to vote for all the Democrats or Republicans on the ballot by checking a single box .
In advocating for passage of the bill , its sponsor said straight-party voting discourages @ @ @ @ @ @ @ the ballot , and takes their attention away from down-ballot candidates for offices that most directly affect them .
But Democrats claimed the bill was aimed at disenfranchising Black and Hispanic voters who tend to vote for Democrats .
Seeking to block enforcement of HB 25 , the Democratic campaign committees of the U.S. Senate and U.S. House , the Texas Alliance for Retired Americans and Sylvia Bruni , chair of the Democratic Party in Webb County , sued Texas Secretary of State Ruth Hughs in August .
They claimed the bill violates @ @ @ @ @ @ @ Voting Rights Act because the state ’ s largest populations of Black Americans and Hispanics are in its most populous counties , which have the longest ballots .
Sometimes the counties have as many as 95 candidates and measures to vote on , so these minority groups relied on straight-party voting more than white voters in smaller counties .
But straight-party voting was popular in Texas across all demographic and racial lines .
“ During Texas ’ s 2018 general election , approximately two-thirds of voters—more than 5.6 million Texans—cast their votes using @ @ @ @ @ @ @ their lawsuit .
The coronavirus is another reason not to do away with straight-ticket voting , Democrats argued in their lawsuit .
“ The risk of coronavirus infection adds an unjustifiable health risk to increasing the wait times for these same voters , as African American and Hispanic Texans experience increased rates of cases , hospitalizations , and deaths from the virus as compared to white Texans , ” the complaint states .
U.S. District Judge Marina Garcia Marmolejo agreed with the challengers that the longer the wait time , the higher the @ @ @ @ @ @ @ found the pandemic prevents counties from taking steps to cut down the wait times that would result from doing away with straight-party voting .
In other years , Marmelejo wrote , election officials might try to reduce wait times by increasing the number of voting machines at polling places .
But given medical experts ’ guidance that people stay six feet apart , she said , that is not feasible .
“ Indeed , social distancing may even require decreasing the number of voting machines at polling places to keep voters safe , @ @ @ @ @ @ @ .
Texas claimed U.S. Supreme Court precedent bars changing election rules on the eve of elections , citing the high court ’ s 5-4 ruling on April 6 in Republican National Committee v. Democratic National Committee that nixed a federal judge ’ s order for Wisconsin ’ s counties to accept mail-in ballots until April 13 , six days after the state ’ s primary elections .
The majority said the court ’ s order had fundamentally altered Wisconsin ’ s primary elections because it would have called for another order blocking the @ @ @ @ @ @ @ after election day .
The Texas case is much different , Marmolejo said .
“ The requested injunction would not impose such an onerous burden on election officials and merely allows a century-old practice to remain in place for one more election , ” she wrote .
“ Yes we are nearing the election , ” she continued , “ but we are not so close as to deny the plaintiffs the ability to raise a challenge seeking to maintain the status quo.
” Texas officials also claimed HB 25 will reduce voter @ @ @ @ @ @ @ in which voters vote in the partisan races , but not the nonpartisan ones , which are typically at the end of the ballot .
The judge did not buy either of those claims .
“ In fact , eliminating a practice that Texan voters have been accustomed to for 100 years is more likely to cause confusion among voters than eliminating it would , ” she wrote .
The lawsuit is the second one this year Democrats filed challenging HB 25 that went before Judge Marmolejo .
The first one was filed @ @ @ @ @ @ @ , the Democratic Senatorial Campaign Committee and the Democratic Congressional Campaign Committee , the campaign fundraising organizations of the U.S. House and U.S. Senate Democrats , Webb County Democrat Chair Bruni and Jessica Tiedt , a Democratic candidate for the Texas House of Representatives .
Marmolejo dismissed the case in June without prejudice , finding the challengers lacked standing because their anticipated injuries from the state doing away with the option of straight-party voting , namely lower turnout from Democratic voters , depended on the decisions of voters who were not involved in @ @ @ @ @ @ @ , the Texas Democratic Party and Tiedt were dropped as plaintiffs and the Texas Alliance for Retired Americans was added .
The increased severity of the pandemic and the attendant risk for in-person voters likely played a role in Marmolejo ’ s decision to block HB 25 this time around .
South Texas became a hotspot for Covid-19 in July , overwhelming hospitals and forcing them to bring in out-of-state nurses to deal with a surge of patients sick with the respiratory illness and clinging to life on respirators .
The federal courthouses @ @ @ @ @ @ @ cities on the U.S.-Mexico border , are all closed to the public to prevent staff from being exposed to the virus .
Texas Attorney General Ken Paxton is expected to promptly appeal the order to the Fifth Circuit in New Orleans .

Election Day lines stand to move a lot faster than they were expected to in Texas after a federal judge Friday blocked the state from enforcing a law that did away with straight-party voting.
LAREDO, Texas (CN) — Election Day lines stand to move a lot faster than they were expected to in Texas after a federal judge Friday blocked the state from enforcing a law that did away with straight-party voting.
Passed along party lines in 2017 by the Republican-majority Texas Legislature, HB 25 eliminated the option, starting Sept. 1 of this year, for voters to vote for all the Democrats or Republicans on the ballot by checking a single box.
In advocating for passage of the bill, its sponsor said straight-party voting discourages voters from researching all the candidates on the ballot, and takes their attention away from down-ballot candidates for offices that most directly affect them.
But Democrats claimed the bill was aimed at disenfranchising Black and Hispanic voters who tend to vote for Democrats.
In this May 21, 2018, photo, a roll of stickers awaiting distribution to early voters sits on a table. (AP Photo/Kelly P. Kissel)
Seeking to block enforcement of HB 25, the Democratic campaign committees of the U.S. Senate and U.S. House, the Texas Alliance for Retired Americans and Sylvia Bruni, chair of the Democratic Party in Webb County, sued Texas Secretary of State Ruth Hughs in August.
They claimed the bill violates the First and 14th Amendments and the Voting Rights Act because the state’s largest populations of Black Americans and Hispanics are in its most populous counties, which have the longest ballots.
Sometimes the counties have as many as 95 candidates and measures to vote on, so these minority groups relied on straight-party voting more than white voters in smaller counties.
But straight-party voting was popular in Texas across all demographic and racial lines.
“During Texas’s 2018 general election, approximately two-thirds of voters—more than 5.6 million Texans—cast their votes using STV,” the Democrats said in their lawsuit.
The coronavirus is another reason not to do away with straight-ticket voting, Democrats argued in their lawsuit.
“The risk of coronavirus infection adds an unjustifiable health risk to increasing the wait times for these same voters, as African American and Hispanic Texans experience increased rates of cases, hospitalizations, and deaths from the virus as compared to white Texans,” the complaint states.
U.S. District Judge Marina Garcia Marmolejo agreed with the challengers that the longer the wait time, the higher the risk of coronavirus transmission. And she found the pandemic prevents counties from taking steps to cut down the wait times that would result from doing away with straight-party voting.
In other years, Marmelejo wrote, election officials might try to reduce wait times by increasing the number of voting machines at polling places. But given medical experts’ guidance that people stay six feet apart, she said, that is not feasible.
“Indeed, social distancing may even require decreasing the number of voting machines at polling places to keep voters safe,” Marmolejo wrote in a 44-page order.
Texas claimed U.S. Supreme Court precedent bars changing election rules on the eve of elections, citing the high court’s 5-4 ruling on April 6 in Republican National Committee v. Democratic National Committee that nixed a federal judge’s order for Wisconsin’s counties to accept mail-in ballots until April 13, six days after the state’s primary elections.
The majority said the court’s order had fundamentally altered Wisconsin’s primary elections because it would have called for another order blocking the release of the results for six days after election day.
The Texas case is much different, Marmolejo said.
“The requested injunction would not impose such an onerous burden on election officials and merely allows a century-old practice to remain in place for one more election,” she wrote.
“Yes we are nearing the election,” she continued, “but we are not so close as to deny the plaintiffs the ability to raise a challenge seeking to maintain the status quo.”
Texas officials also claimed HB 25 will reduce voter confusion and reduce “unintentional roll-off” in which voters vote in the partisan races, but not the nonpartisan ones, which are typically at the end of the ballot.
The judge did not buy either of those claims.
“In fact, eliminating a practice that Texan voters have been accustomed to for 100 years is more likely to cause confusion among voters than eliminating it would,” she wrote.
The lawsuit is the second one this year Democrats filed challenging HB 25 that went before Judge Marmolejo.
The first one was filed in March by the Texas Democratic Party, the Democratic Senatorial Campaign Committee and the Democratic Congressional Campaign Committee, the campaign fundraising organizations of the U.S. House and U.S. Senate Democrats, Webb County Democrat Chair Bruni and Jessica Tiedt, a Democratic candidate for the Texas House of Representatives.
Marmolejo dismissed the case in June without prejudice, finding the challengers lacked standing because their anticipated injuries from the state doing away with the option of straight-party voting, namely lower turnout from Democratic voters, depended on the decisions of voters who were not involved in the litigation.
In the second lawsuit, the Texas Democratic Party and Tiedt were dropped as plaintiffs and the Texas Alliance for Retired Americans was added.
The increased severity of the pandemic and the attendant risk for in-person voters likely played a role in Marmolejo’s decision to block HB 25 this time around.
South Texas became a hotspot for Covid-19 in July, overwhelming hospitals and forcing them to bring in out-of-state nurses to deal with a surge of patients sick with the respiratory illness and clinging to life on respirators.
The federal courthouses in Laredo, Brownsville, McAllen, cities on the U.S.-Mexico border, are all closed to the public to prevent staff from being exposed to the virus.
Marmolejo granted the Democrats a preliminary injunction, enjoining Hughs from enforcing HB 25.
Texas Attorney General Ken Paxton is expected to promptly appeal the order to the Fifth Circuit in New Orleans.


courthousenews--2020-09-27--Breonna Taylor Protesters March Through Louisville: ‘Whose Streets? Our Streets’

LOUISVILLE , Ky. ( CN ) — Tensions were high Saturday in Louisville as citizens once again came out to protest the lack of indictments against the officers accused of killing Breonna Taylor in her sleep .
On Sept. 23 , a federal grand jury indicted one of the officers in the case with wanton endangerment for firing into a nearby apartment , but the other two officers involved in the case faced no charges .
Brett Hankinson , one of the officers involved , has lost his badge while the other officers were placed on administrative leave .
Last @ @ @ @ @ @ @ voted to ban no-knock warrants as legislation banning no-knock warrants nationwide was recently introduced in the U.S. Congress .
Amira Bryant , a local from Louisville who has protested every day this week , said that the lack of charges against the officers left her feeling hopeless .
“ My life as a Black woman doesn ’ t matter here .
I knew it was coming , ” she said .
Amira ’ s friend , who identified himself as Don X , said he also feels discouraged as a Black man , @ @ @ @ @ @ @ up hope entirely .
Instead , he said the rise of Black youth growing up to go to college and becoming politically engaged gives him hope .
“ The number of people that are working , and going through school , and working to get into politics and become the system that is oppressing us so that we can change the system for ourselves , in our likeness , is what inspires me , ” he said .
A man named Mike , who wore a police style flack vest emblazoned with the @ @ @ @ @ @ @ drove from Miami today to show his support .
“ I feel as if things need to change , ” he said .
“ We all need to come together , stand against injustice and do what ’ s right : which is to hold people accountable .
And we ’ re gon na make noise until they do.
” Various factions of left leaning Americans came out to show their support for Breonna Taylor , including a group from The Coalition of Armed Laborers .
Bill Blizzard , a member of the @ @ @ @ @ @ @ from Florida with several other members .
A self-identified firearms instructor , Bill and his group came armed , wearing military style flack vests emblazoned with anti-Nazi slogans .
“ If we can help even out the power imbalance even a little bit by being here , then I ’ m happy to be here , ” he said , referring not only to the heavy federal and police presence in the area , but also to the armed militia members who have frequently shown up to counter protest .
Several attendees mentioned @ @ @ @ @ @ @ Oath Keepers and III % ers on days leading up to Saturday , with many expressing concerns for their safety as a result .
Several major streets in the city were blockaded with military and police vehicles and concrete barricades .
A high chain link fence was erected around Jefferson Park where the Breonna Taylor Memorial has been erected and where the site of the protests have been for the past several weeks .
Buildings throughout downtown were boarded up , with some hanging signs reading “ Black Owned Business ” on the @ @ @ @ @ @ @ to refrain from attacking their businesses .
Protesters marched peacefully Saturday evening , chanting “ No justice , no peace.
” and “ Whose streets ?
Our streets.
” March leaders encouraged women , children and those afraid of being arrested to refrain from marching with them again as they feared arrest .
The protesters planned on occupying the park for the night and possibly longer , with many camping out on the grass .
The city has enforced a curfew from 9 p.m. to 6:30 a.m. , with a few local churches @ @ @

Tensions were high Saturday in Louisville as citizens once again came out to protest the lack of indictments against the officers accused of killing Breonna Taylor in her sleep.
LOUISVILLE, Ky. (CN) — Tensions were high Saturday in Louisville as citizens once again came out to protest the lack of indictments against the officers accused of killing Breonna Taylor in her sleep.
On Sept. 23, a federal grand jury indicted one of the officers in the case with wanton endangerment for firing into a nearby apartment, but the other two officers involved in the case faced no charges.
Brett Hankinson, one of the officers involved, has lost his badge while the other officers were placed on administrative leave. Last week, the Louisville City Council unanimously voted to ban no-knock warrants as legislation banning no-knock warrants nationwide was recently introduced in the U.S. Congress.
Amira Bryant, a local from Louisville who has protested every day this week, said that the lack of charges against the officers left her feeling hopeless.
“My life as a Black woman doesn’t matter here. I knew it was coming,” she said.
Amira’s friend, who identified himself as Don X, said he also feels discouraged as a Black man, but that he hasn’t given up hope entirely. Instead, he said the rise of Black youth growing up to go to college and becoming politically engaged gives him hope.
“The number of people that are working, and going through school, and working to get into politics and become the system that is oppressing us so that we can change the system for ourselves, in our likeness, is what inspires me,” he said.
A man named Mike, who wore a police style flack vest emblazoned with the words Black Guns Matter, said he drove from Miami today to show his support.
“I feel as if things need to change,” he said. “We all need to come together, stand against injustice and do what’s right: which is to hold people accountable. And we’re gonna make noise until they do.”
Various factions of left leaning Americans came out to show their support for Breonna Taylor, including a group from The Coalition of Armed Laborers.
Bill Blizzard, a member of the Coalition of Armed Laborers came to Louisville from Florida with several other members. A self-identified firearms instructor, Bill and his group came armed, wearing military style flack vests emblazoned with anti-Nazi slogans.
“If we can help even out the power imbalance even a little bit by being here, then I’m happy to be here,” he said, referring not only to the heavy federal and police presence in the area, but also to the armed militia members who have frequently shown up to counter protest.
Several attendees mentioned the presence of militia groups like The Oath Keepers and III%ers on days leading up to Saturday, with many expressing concerns for their safety as a result.
Several major streets in the city were blockaded with military and police vehicles and concrete barricades. A high chain link fence was erected around Jefferson Park where the Breonna Taylor Memorial has been erected and where the site of the protests have been for the past several weeks.
Buildings throughout downtown were boarded up, with some hanging signs reading “Black Owned Business” on the plywood barricades, as if beseeching protesters to refrain from attacking their businesses.
Protesters marched peacefully Saturday evening, chanting “No justice, no peace.” and “Whose streets? Our streets.”
March leaders encouraged women, children and those afraid of being arrested to refrain from marching with them again as they feared arrest. The protesters planned on occupying the park for the night and possibly longer, with many camping out on the grass. The city has enforced a curfew from 9 p.m. to 6:30 a.m., with a few local churches offering sanctuary.


courthousenews--2020-09-26--Abundance of Covid Protective Equipment Clogging California Beaches

SAN DIEGO ( CN ) — Rivaling the top trash items collected during beach cleanups , including cigarette butts and food wrappers , the personal protective equipment people were clamoring to get their hands on at the beginning of the Covid-19 pandemic is now clogging California waterways , with environmental stewards warning it will break down into microplastics which end up in the food system .
Within a couple hours during I Love a Clean San Diego ’ s Coastal Cleanup Day Saturday , the organization ’ s marketing manager Ian Monahan had already picked up 15 disposable and reusable @ @ @ @ @ @ @ s annual “ Creek to Bay ” cleanup , which was postponed several months and held in June due to the pandemic , Monahan said volunteers “ saw PPE in spades , ” collecting 30 masks within the first half hour of the event from gutters , the boardwalk and tangled in coastal sage scrub .
“ PPE was the most remarkable change in our clean-up efforts , ” Monahan said .
“ Typically it was plastic bags , but now it ’ s masks.
” Over 7,000 pounds of trash was collected @ @ @ @ @ @ @ pointed out though the PPE littering California beaches looks like paper , it ’ s actually plastic .
“ It makes its way through the sewer system which ultimately flows through the ocean , and once in the system , they break down into microplastics .
Plastic never goes away — it breaks down to the molecular level and infects the food system and marine life , ” Monahan said .
With an estimated 200 billion face masks and gloves being discarded every month and Governor Gavin Newsom inking a nearly $ 1 @ @ @ @ @ @ @ a month in California , environmental advocates are warning strides made to reduce reliance on single-use plastics will be eviscerated during the pandemic .
The Guardian reported in June Covid-related PPE had already washed up in the Mediterranean and had been found in the ocean by divers .
Discarded Covid-19 masks have also littered beaches in Hong Kong .
And with governmental guidance focused on social distancing and eliminating gathering in crowds , beach cleanups were put on hold for the first half of the year .
The California Coastal Commission , which @ @ @ @ @ @ @ had to revamp its widely attended annual Coastal Cleanup Day event to comply with social distancing guidelines this year .
Cleanups were held every Saturday in September , Coastal Commission Marine Debris Program Manager Eben Schwartz told Courthouse News .
And the commission encouraged volunteers to hold local neighborhood cleanups to prevent urban and suburban trash from making its way into the California watershed and Pacific Ocean .
“ Anecdotally there ’ s a lot of [ PPE ] out there , local coordinators throughout state are reporting large upticks of trash on @ @ @ @ @ @ @ ” Schwartz said , noting the commission asked volunteers to log their trash collected , including PPE , through the Clean Swell app .
Lynn Adams of the Pacific Beach Coalition in San Francisco said after pausing their 10 beach clean-ups a month during the pandemic this past spring , her group resumed its clean-up events on Memorial Day .
Nearly 900 volunteers picked-up over 3,200 personal hygiene items since Memorial Day , including PPE and baby wipes used for sanitizing , Adams told Courthouse News .
“ Rubber gloves and face masks @ @ @ @ @ @ @ into the ocean and be swallowed and eaten by animals or tangled up in their fins — it ’ s all plastic too .
It ’ s all really damaging plastic , ” Adams said .
“ Especially when the winter rains come , [ PPE is ] going to flow down into creeks and rivers and kill wildlife all the way .
Not just on the coast , in places like Wisconsin and the Mississippi River .
It ’ s a nightmare , ” she added .
Compounding new trash created by @ @ @ @ @ @ @ restaurants has created more to-go food container waste which has ended up on California streets and waterways .
Adams said people flocking to beaches in San Francisco to escape quarantine have left their food waste containers behind .
“ I ’ ve never seen so much trash , public works can ’ t keep up with emptying the trash cans , ” Adams said .
Trash left behind by tourists at nearby mountain destination Lake Tahoe prompted local residents to protest .
But take-out container waste isn ’ t just littering California beaches @ @ @ @ @ @ @ in restaurant trash on their streets as well .
Benny Cartwright , a volunteer with I Love a Clean San Diego has done clean-ups for over 15 years .
He said while he found 10 masks during a cleanup in the Hillcrest neighborhood a few weeks ago , disposable restaurant containers have had a “ bigger impact ” on the urban district a few miles outside downtown San Diego .
Cartwright , who works at a Hillcrest bar , pointed-out bars and restaurants aren ’ t allowed to serve alcohol unless patrons also @ @ @ @ @ @ @ bar hopping in the neighborhood and getting food packed in to-go containers whether or not they eat it or give it away to homeless people .
“ There ’ s more trash and people are intoxicated and not disposing of it properly , ” Cartwright said .
“ The increase in to-go containers is a result of Covid , but it ’ s also needed for businesses to survive , ” he added .
Stephen Whitburn , a San Diego City Council candidate who picked-up trash in Hillcrest during Coastal Cleanup Day said @ @ @ @ @ @ @ to the economic fallout caused by the pandemic , there has been more trash .
“ My biggest concern about people who are unsheltered is finding them homes and the services they need , ” Whitburn said .
“ Until we are able to do that , there is an impact on materials that end up on the sidewalks , ” he added .
Data on PPE collected during Coastal Cleanup month was expected to be made available by the Coastal Commission at the end of September .

Rivaling the top trash items collected during beach cleanups, including cigarette butts and food wrappers, the personal protective equipment people were clamoring to get their hands on at the beginning of the Covid-19 pandemic is now clogging California waterways, with environmental stewards warning it will break down into microplastics which end up in the food system.
SAN DIEGO (CN) — Rivaling the top trash items collected during beach cleanups, including cigarette butts and food wrappers, the personal protective equipment people were clamoring to get their hands on at the beginning of the Covid-19 pandemic is now clogging California waterways, with environmental stewards warning it will break down into microplastics which end up in the food system.
PPE Trash Clogging CA Beaches
Within a couple hours during I Love a Clean San Diego’s Coastal Cleanup Day Saturday, the organization’s marketing manager Ian Monahan had already picked up 15 disposable and reusable masks.
And during the group’s annual “Creek to Bay” cleanup, which was postponed several months and held in June due to the pandemic, Monahan said volunteers “saw PPE in spades,” collecting 30 masks within the first half hour of the event from gutters, the boardwalk and tangled in coastal sage scrub.
“PPE was the most remarkable change in our clean-up efforts,” Monahan said.
“Typically it was plastic bags, but now it’s masks.”
Several disposable and reusable masks were picked up by volunteers with I Love a Clean San Diego during a socially distanced trash clean-up on Saturday. (Courthouse News photo/Bianca Bruno)
Over 7,000 pounds of trash was collected during the cleanup June 20.
Monahan pointed out though the PPE littering California beaches looks like paper, it’s actually plastic.
“It makes its way through the sewer system which ultimately flows through the ocean, and once in the system, they break down into microplastics. Plastic never goes away — it breaks down to the molecular level and infects the food system and marine life,” Monahan said.
With an estimated 200 billion face masks and gloves being discarded every month and Governor Gavin Newsom inking a nearly $1 billion deal to purchase 200 million masks a month in California, environmental advocates are warning strides made to reduce reliance on single-use plastics will be eviscerated during the pandemic.
The Guardian reported in June Covid-related PPE had already washed up in the Mediterranean and had been found in the ocean by divers.
Discarded Covid-19 masks have also littered beaches in Hong Kong.
And with governmental guidance focused on social distancing and eliminating gathering in crowds, beach cleanups were put on hold for the first half of the year.
The California Coastal Commission, which regulates the state’s coastline, had to revamp its widely attended annual Coastal Cleanup Day event to comply with social distancing guidelines this year.
Cleanups were held every Saturday in September, Coastal Commission Marine Debris Program Manager Eben Schwartz told Courthouse News. And the commission encouraged volunteers to hold local neighborhood cleanups to prevent urban and suburban trash from making its way into the California watershed and Pacific Ocean.
“Anecdotally there’s a lot of [PPE] out there, local coordinators throughout state are reporting large upticks of trash on shorelines and PPE in the environment,” Schwartz said, noting the commission asked volunteers to log their trash collected, including PPE, through the Clean Swell app.
Lynn Adams of the Pacific Beach Coalition in San Francisco said after pausing their 10 beach clean-ups a month during the pandemic this past spring, her group resumed its clean-up events on Memorial Day.
A bucket of trash collected at a socially distanced trash clean-up at Pacific Beach in San Diego, California. (Courthouse News photo/Bianca Bruno)
Nearly 900 volunteers picked-up over 3,200 personal hygiene items since Memorial Day, including PPE and baby wipes used for sanitizing, Adams told Courthouse News.
“Rubber gloves and face masks with loops for your ears can flow into the ocean and be swallowed and eaten by animals or tangled up in their fins — it’s all plastic too. It’s all really damaging plastic,” Adams said.
“Especially when the winter rains come, [PPE is] going to flow down into creeks and rivers and kill wildlife all the way. Not just on the coast, in places like Wisconsin and the Mississippi River. It’s a nightmare,” she added.
To-Go Container Trash Piling Up
Compounding new trash created by disposable PPE, in-person dining closures at restaurants has created more to-go food container waste which has ended up on California streets and waterways.
Adams said people flocking to beaches in San Francisco to escape quarantine have left their food waste containers behind.
“I’ve never seen so much trash, public works can’t keep up with emptying the trash cans,” Adams said.
Trash left behind by tourists at nearby mountain destination Lake Tahoe prompted local residents to protest.
But take-out container waste isn’t just littering California beaches — urban neighborhoods are seeing an influx in restaurant trash on their streets as well.
Benny Cartwright, a volunteer with I Love a Clean San Diego has done clean-ups for over 15 years.
He said while he found 10 masks during a cleanup in the Hillcrest neighborhood a few weeks ago, disposable restaurant containers have had a “bigger impact” on the urban district a few miles outside downtown San Diego.
Cartwright, who works at a Hillcrest bar, pointed-out bars and restaurants aren’t allowed to serve alcohol unless patrons also purchase food. But residents are still bar hopping in the neighborhood and getting food packed in to-go containers whether or not they eat it or give it away to homeless people.
Stephen Whitburn, a San Diego City Council candidate, picks-up a discarded bottle of chewable Vitamin C tablets during a socially distanced trash clean-up organized by I Love A Clean San Diego. (Courthouse News photo/Bianca Bruno)
“There’s more trash and people are intoxicated and not disposing of it properly,” Cartwright said.
“The increase in to-go containers is a result of Covid, but it’s also needed for businesses to survive,” he added.
Stephen Whitburn, a San Diego City Council candidate who picked-up trash in Hillcrest during Coastal Cleanup Day said as more people have become homeless due to the economic fallout caused by the pandemic, there has been more trash.
“My biggest concern about people who are unsheltered is finding them homes and the services they need,” Whitburn said.
“Until we are able to do that, there is an impact on materials that end up on the sidewalks,” he added.
Data on PPE collected during Coastal Cleanup month was expected to be made available by the Coastal Commission at the end of September.


courthousenews--2020-09-25--Trump Nominates Amy Coney Barrett to Fill Ginsburg Seat

WASHINGTON ( CN ) — President Donald Trump announced from the White House Saturday the nomination of Judge Amy Coney Barrett to fill the Supreme Court vacancy left by Ruth Bader Ginsburg .
“ This is my third such nomination after Justice Gorsuch and Justice Kavanaugh and it is a very proud moment indeed , ” Trump said .
Trump had reportedly said in 2018 , when deciding who would replace retiring Justice Anthony Kennedy , he was “ saving ” Barrett to fill Justice Ruth Bader Ginsburg ’ s seat if he had the opportunity to nominate her replacement @ @ @ @ @ @ @ the conservative legal advocacy group the Federalist Society , Barrett , 48 , clerked for former Justice Antonin Scalia and graduated with honors from Notre Dame Law School in 1997 .
She wrote for the school ’ s law review that year that Catholic judges are “ morally precluded ” from enforcing the death penalty .
Barrett worked for the Washington firm Miller , Cassidy , Larroca & Lewin and remained with the firm when it merged with Baker Botts in 2001 .
Barrett again highlighted her faith in 2017 , when she @ @ @ @ @ @ @ .
“ But , I continue to stand and vehemently believe the core proposition of that article , which is that if there is ever a conflict between a judge ’ s personal conviction and that judge ’ s duty under the rule of law , that it is never , ever permissible for that judge to follow their personal convictions in the decision of a case , rather than what the law requires , ” Barrett said .
The news comes a day after the conclusion of memorial services for Justice Ginsburg @ @ @ @ @ @ @ last week .
On Friday , Ginsburg became the first woman and Jewish-American to lie in state at the U.S. Capitol after lying in repose at the Supreme Court on Wednesday and Thursday .
Trump lauded Barrett as a judge who would decide cases “ based on the text of the Constitution , as written.
” Thanking members of the Senate gathered for their attendance , the president said Barrett ’ s hearings should be “ fair and timely.
” “ This should be a straightforward and prompt confirmation , should be very @ @ @ @ @ @ @ said .
“ I ’ m sure it will be extremely non-controversial .
We said that the last time didn ’ t we ?
” Democrats highlighted Barrett as extremely conservative during her 2017 Senate confirmation hearings , dissecting her published works from her time in academia .
In written questions given to Barrett during one hearing , she was asked to elaborate what she meant when she wrote judges should not “ try to align ” the legal system with the church but “ conform their own behavior to the church ’ @ @ @ @ @ @ @ implying judges should live lives of example , through their faith .
On Saturday , Barrett said she was deeply honored to have been nominated , adding that she loved the United States and the Constitution .
Should she be confirmed by the Senate , she said , Barrett would be mindful of her predecessor , Justice Ginsburg .
“ The flag of the United States is still flying at half-staff in memory of Justice Ruth Bader Ginsburg to mark the end of a great American life , ” Barrett said .
“ @ @ @ @ @ @ @ time when women were not welcome in the legal profession .
But she not only broke glass ceilings , she smashed them .
For that , she has won the admiration of women across the country and indeed , all over the world.
” Barrett also noted the friendship between Justice Scalia and Justice Ginsburg , saying she admired the pair ’ s ability to argue issues “ of great consequence ” without destroying their friendship or affection .
Maureen Scalia , the late justice ’ s wife also attended the ceremony and @ @ @ @ @ @ @ more-than 20-year-old lesson she learned when under her husband ’ s tutelage .
“ His judicial philosophy is mine too ; a judge must apply the law , as written , ” Barrett said .
“ Judges are not policy makers and they must be resolute in setting aside any policy views they might hold.
” Financial disclosure reports obtained Friday by Fix the Court — a group advocating for judicial transparency — note that at the end of last year , Barrett had up to $ 2.84 million in investments .
In @ @ @ @ @ @ @ 10 trips funded by the Federalist Society and appears to own two homes valued nearly $ 600,000 combined .
Barrett also is staunchly opposed to the Affordable Care Act , writing in a 2017 article that the Supreme Court had illegitimately distorted the Constitution through its decisions in NFIB v. Sebelius and King v. Burwell .
In those decisions , Chief Justice John Roberts had pushed the law “ beyond its plausible meaning to save the statute , ” she wrote .
Senate Judiciary Chairman Lindsey Graham is expected to lay out a @ @ @ @ @ @ @ nominee is expected to meet with individual senators next week .
Senate Republicans have faced criticism since Ginsburg ’ s death for proclaiming they will move forward with Trump ’ s nominee during an election year .
The decision is an about-face from 2016 when they stonewalled President Barack Obama ’ s nominee to the court , U.S .
Circuit Judge Merrick Garland .
Barrett said she recognized the importance of the moment of being nominated to the high court , saying the institution “ belongs to all of us.
” “ If @ @ @ @ @ @ @ role for the sake of those in my own circle and certainly not for my own sake , ” Barrett said .
“ I would assume this role to serve you .
I would discharge the judicial oath , which requires me to administer justice without respect to persons , do equal right to the poor and rich and faithfully and impartially discharge my duties under the United States Constitution.
” She added : “ I have no illusions that the road ahead of me will be easy , for the short term @ @ @ @ @ @ @ a statement Saturday , Senate Majority Leader Mitch McConnell said Trump couldn ’ t have made a better decision by selecting Barrett .
She had demonstrated the “ independence , impartiality and fidelity ” to the Constitution deserving of being selected to the high court , he said .
“ The Senate will evaluate this nomination on the basis of Judge Barrett ’ s objective qualifications , ” McConnell said in a statement .
“ But it can not escape notice that this nominee has also already won national admiration for her shining @ @ @ @ @ @ @ very top of her field.
” Senate Minority Leader Chuck Schumer said he would strongly oppose the nomination , noting that Barrett was a long-time rival of the Affordable Care Act .
The futures of DACA recipients , LGBTQ rights and voting rights also could be adversely affected if Barrett was confirmed , he said , based on her writings and judicial history .
“ Justice Ginsburg ’ s dying wish was that she not be replaced until a new president is installed , ” Schumer said .
“ Republicans are poised to @ @ @ @ @ @ @ to replace her with someone who could tear down everything that she built .
”

President Donald Trump is expected to nominate U.S. Circuit Judge Amy Coney Barrett to the U.S. Supreme Court on Saturday, according to senior Republican sources.
WASHINGTON (CN) — President Donald Trump announced from the White House Saturday the nomination of Judge Amy Coney Barrett to fill the Supreme Court vacancy left by Ruth Bader Ginsburg.
“This is my third such nomination after Justice Gorsuch and Justice Kavanaugh and it is a very proud moment indeed,” Trump said.
Trump had reportedly said in 2018, when deciding who would replace retiring Justice Anthony Kennedy, he was “saving” Barrett to fill Justice Ruth Bader Ginsburg’s seat if he had the opportunity to nominate her replacement.
A devout Catholic and member of the conservative legal advocacy group the Federalist Society, Barrett, 48, clerked for former Justice Antonin Scalia and graduated with honors from Notre Dame Law School in 1997.
She wrote for the school’s law review that year that Catholic judges are “morally precluded” from enforcing the death penalty. Barrett worked for the Washington firm Miller, Cassidy, Larroca & Lewin and remained with the firm when it merged with Baker Botts in 2001.
Barrett again highlighted her faith in 2017, when she was confirmed to the Seventh Circuit bench.
“But, I continue to stand and vehemently believe the core proposition of that article, which is that if there is ever a conflict between a judge’s personal conviction and that judge’s duty under the rule of law, that it is never, ever permissible for that judge to follow their personal convictions in the decision of a case, rather than what the law requires,” Barrett said.
The news comes a day after the conclusion of memorial services for Justice Ginsburg, who died at her Washington home last week. On Friday, Ginsburg became the first woman and Jewish-American to lie in state at the U.S. Capitol after lying in repose at the Supreme Court on Wednesday and Thursday.
Trump lauded Barrett as a judge who would decide cases “based on the text of the Constitution, as written.” Thanking members of the Senate gathered for their attendance, the president said Barrett’s hearings should be “fair and timely.”
“This should be a straightforward and prompt confirmation, should be very easy, good luck,” Trump said. “I’m sure it will be extremely non-controversial. We said that the last time didn’t we?”
Democrats highlighted Barrett as extremely conservative during her 2017 Senate confirmation hearings, dissecting her published works from her time in academia. In written questions given to Barrett during one hearing, she was asked to elaborate what she meant when she wrote judges should not “try to align” the legal system with the church but “conform their own behavior to the church’s standard.”
Barrett said she was implying judges should live lives of example, through their faith.
On Saturday, Barrett said she was deeply honored to have been nominated, adding that she loved the United States and the Constitution. Should she be confirmed by the Senate, she said, Barrett would be mindful of her predecessor, Justice Ginsburg.
“The flag of the United States is still flying at half-staff in memory of Justice Ruth Bader Ginsburg to mark the end of a great American life,” Barrett said. “Justice Ginsburg began her career at a time when women were not welcome in the legal profession. But she not only broke glass ceilings, she smashed them. For that, she has won the admiration of women across the country and indeed, all over the world.”
Barrett also noted the friendship between Justice Scalia and Justice Ginsburg, saying she admired the pair’s ability to argue issues “of great consequence” without destroying their friendship or affection.
Maureen Scalia, the late justice’s wife also attended the ceremony and Barrett noted her presence, recalling the more-than 20-year-old lesson she learned when under her husband’s tutelage.
“His judicial philosophy is mine too; a judge must apply the law, as written,” Barrett said. “Judges are not policy makers and they must be resolute in setting aside any policy views they might hold.”
Financial disclosure reports obtained Friday by Fix the Court — a group advocating for judicial transparency — note that at the end of last year, Barrett had up to $2.84 million in investments. In 2018 and 2019, she went on 10 trips funded by the Federalist Society and appears to own two homes valued nearly $600,000 combined.
Barrett also is staunchly opposed to the Affordable Care Act, writing in a 2017 article that the Supreme Court had illegitimately distorted the Constitution through its decisions in NFIB v. Sebelius and King v. Burwell. In those decisions, Chief Justice John Roberts had pushed the law “beyond its plausible meaning to save the statute,” she wrote.
Senate Judiciary Chairman Lindsey Graham is expected to lay out a hearing schedule late Saturday afternoon. The nominee is expected to meet with individual senators next week.
Senate Republicans have faced criticism since Ginsburg’s death for proclaiming they will move forward with Trump’s nominee during an election year. The decision is an about-face from 2016 when they stonewalled President Barack Obama’s nominee to the court, U.S. Circuit Judge Merrick Garland.
Barrett said she recognized the importance of the moment of being nominated to the high court, saying the institution “belongs to all of us.”
“If confirmed, I would not assume that role for the sake of those in my own circle and certainly not for my own sake,” Barrett said. “I would assume this role to serve you. I would discharge the judicial oath, which requires me to administer justice without respect to persons, do equal right to the poor and rich and faithfully and impartially discharge my duties under the United States Constitution.”
She added: “I have no illusions that the road ahead of me will be easy, for the short term, or the long haul.”
In a statement Saturday, Senate Majority Leader Mitch McConnell said Trump couldn’t have made a better decision by selecting Barrett. She had demonstrated the “independence, impartiality and fidelity” to the Constitution deserving of being selected to the high court, he said.
“The Senate will evaluate this nomination on the basis of Judge Barrett’s objective qualifications,” McConnell said in a statement. “But it cannot escape notice that this nominee has also already won national admiration for her shining example of strong female leadership at the very top of her field."
Senate Minority Leader Chuck Schumer said he would strongly oppose the nomination, noting that Barrett was a long-time rival of the Affordable Care Act. The futures of DACA recipients, LGBTQ rights and voting rights also could be adversely affected if Barrett was confirmed, he said, based on her writings and judicial history.
“Justice Ginsburg’s dying wish was that she not be replaced until a new president is installed,” Schumer said. “Republicans are poised to not only ignore her wishes, but to replace her with someone who could tear down everything that she built.”


courthousenews--2020-09-27--Proud Boys Rally in Portland

Proud Boys Rally in Portland

PORTLAND , Ore. ( CN ) – At a rally Saturday , police appeared to have coordinated extensively with the national leadership of the Proud Boys , a far-right fraternity designated by the Southern Poverty Law Center as a hate group , at a rally on Saturday .
On Saturday afternoon , a truck holding the national leaders of the Proud Boys , a far-right club founded to promote “ western ” values and male chauvinism , rolled up to a Portland Police check point .
It was one of dozens of big trucks leaving Delta Park in North Portland @ @ @ @ @ @ @ made up of Proud Boys , militia groups and supporters from around the country had just rallied for hours .
The event featured sporadic violence , copious American flags and speakers railing against local antifascist protesters .
In the truck ’ s passenger seat was a Proud Boy who declined to share his name .
He held a can of bear spray ready to use on passersby , the safety pin removed .
“ I didn ’ t get to spray anyone today , ” he complained .
He put the pin back @ @ @ @ @ @ @ the police checkpoint .
The driver of the truck , Travis Nugent , addressed two Portland Police officers standing there .
“ When are y ’ all taking the patches off and just gon na fuck these motherfuckers up together ?
” he asked , referring to local antifascists who ’ ve spent four months in Portland ’ s streets , protesting police brutality .
The officers grinned and laughed .
“ Whenever you ’ re ready , ” Nugent added .
“ Love you guys.
” The truck carried Proud Boys National @ @ @ @ @ @ @ an organizer of Saturday ’ s event and former Infowars staffer , along with leaders of local Proud Boys chapters .
A few hundred feet down the road , Oregon State Police had stopped a teal Toyota Tundra .
“ Sucks to be you !
” Tarrio yelled at the stopped driver from the back of Nugent ’ s truck .
State police said in a tweet that they had issued a citation to the stopped driver in the teal truck , because his license plates were obscured .
Nugent , too , @ @ @ @ @ @ @ truck , and recommended the move to the dozens of Proud Boys who met that morning at a staging area in the parking lot of the Vancouver Mall .
As he sped past the stopped teal truck , Nugent grabbed his Washington plates from under the dashboard and held them aloft .
It was just one of several examples of apparent friendly coordination with event leaders that was in evidence on Saturday .
Two weeks ago , as wildfires raged in Oregon , armed men set up checkpoints in Corbett , Oregon , @ @ @ @ @ @ @ antifa ” had started the fires .
The Multnomah County Sheriff ’ s Office announced days later that it had cited three men involved with setting up the checkpoints .
“ We told people engaging in this behavior that roadways are open to all users , and that their actions are illegal , ” Multnomah County Sheriff Mike Reese said at the time .
On Saturday , private militias set up their own checkpoint on the road leading into Delta Park .
The men at the checkpoint declined to share their names , @ @ @ @ @ @ @ taxes , immigration and antifa .
They said they were there to repel “ antifa.
” And they stopped journalists , questioning them about their affiliations before allowing them to enter the park .
But this checkpoint didn ’ t seem to concern law enforcement .
Police cruisers drove by the men several times , offering a wave or a peace sign .
And when counterprotesters tried to enter the rally , crowds confronted them , yelling in their faces and chasing them out of the park .
In one instance , four @ @ @ @ @ @ @ , but mostly the scuffles were allowed to play out .
Standing on the park ’ s perimeter , Jim McMurray , a sergeant with the Portland Police Bureau , said cops were unlikely to intervene .
“ They ’ ll police themselves , ” McMurray said of the crowd of several hundred Proud Boys and their supporters .
Rally organizers said they had coordinated via phone , email and in-person meetings with local police and federal authorities .
Biggs told Courthouse News that he was in touch with the FBI about other @ @ @ @ @ @ @ The Guardian , had discussed violently confronting counterprotesters at Saturday ’ s rally .
“ They ’ re not with us , ” Biggs said when asked the people mentioned in the article .
“ We met with the FBI today .
We said if they see people there to point them out and we will expel them .
There are people who will come to this event because it ’ s public and use that to express their violent fantasies .
But that doesn ’ t reflect on us or on our @ @ @ @ @ @ @ neither confirmed nor denied that claim , saying in an email that the bureau was working to avoid violence at Saturday ’ s planned rally .
“ Those efforts take many forms , but we will not discuss the specifics of investigative or operational matters , ” Steele wrote .
And Tarrio , as well as several other Proud Boys , told Courthouse News that local police had emailed the group with guidelines on where to park , which roads to take , and even advising them that there would be no bathroom @ @ @ @ @ @ @ , two clean porta-potties had appeared ) .
That morning , Nugent ’ s truck led a caravan of Proud Boy vehicles , many sans license plates , from Vancouver Mall to the entrance of Delta Park .
Then , a state trooper patrol car pulled out in front to guide the caravan into the park – despite the fact that the city had denied the Proud Boys ’ permit to hold their rally there , saying the rally was contrary to efforts to limit the spread of Covid-19 .
Saturday ’ s @ @ @ @ @ @ @ serious violence .
Tarrio and Biggs had declared the event a victory before it even began , pointing to Gov .
Kate Brown ’ s declaration of a state of emergency and the temporary lifting of a tear gas ban imposed by Portland Mayor Ted Wheeler as evidence .
Biggs also said the Proud Boys ’ communication with authorities had been a win .
“ We ’ ve talked to state and federal law enforcement for every event we do , ” Biggs said .
“ The feds say , ‘ you ’ @ @ @ @ @ @ @ ’ s willing to sit down and tell us stuff.
’ They know every move we do before we do it because we tell them .
”

At a rally Saturday, police appeared to have coordinated extensively with the national leadership of the Proud Boys, a far-right fraternity designated by the Southern Poverty Law Center as a hate group.
PORTLAND, Ore. (CN) – At a rally Saturday, police appeared to have coordinated extensively with the national leadership of the Proud Boys, a far-right fraternity designated by the Southern Poverty Law Center as a hate group.
On Saturday afternoon, a truck holding the national leaders of the Proud Boys, a far-right club founded to promote “western” values and male chauvinism, rolled up to a Portland Police check point. It was one of dozens of big trucks leaving Delta Park in North Portland, where a crowd of several hundred made up of Proud Boys, militia groups and supporters from around the country had just rallied for hours. The event featured sporadic violence, copious American flags and speakers railing against local antifascist protesters.
In the truck’s passenger seat was a Proud Boy who declined to share his name. He held a can of bear spray ready to use on passersby, the safety pin removed.
“I didn’t get to spray anyone today,” he complained. He put the pin back in the can as the truck neared the police checkpoint.
The driver of the truck, Travis Nugent, addressed two Portland Police officers standing there.
“When are y’all taking the patches off and just gonna fuck these motherfuckers up together?” he asked, referring to local antifascists who’ve spent four months in Portland’s streets, protesting police brutality. The officers grinned and laughed. “Whenever you’re ready,” Nugent added. “Love you guys.”
The truck carried Proud Boys National Chairman Enrique Tarrio and Joe Biggs, an organizer of Saturday’s event and former Infowars staffer, along with leaders of local Proud Boys chapters.
Enrique Tarrio, Joe Biggs and other Proud Boys leaders arrive at Delta Park in North Portland for a rally on Saturday (Karina Brown/Courthouse News)
A few hundred feet down the road, Oregon State Police had stopped a teal Toyota Tundra.
“Sucks to be you!” Tarrio yelled at the stopped driver from the back of Nugent’s truck.
State police said in a tweet that they had issued a citation to the stopped driver in the teal truck, because his license plates were obscured. Nugent, too, had removed the license plates from his truck, and recommended the move to the dozens of Proud Boys who met that morning at a staging area in the parking lot of the Vancouver Mall.
As he sped past the stopped teal truck, Nugent grabbed his Washington plates from under the dashboard and held them aloft.
“What license plates?” he yelled.
Oregon state troopers just looked on.
It was just one of several examples of apparent friendly coordination with event leaders that was in evidence on Saturday.
Two weeks ago, as wildfires raged in Oregon, armed men set up checkpoints in Corbett, Oregon, as baseless rumors swirled claiming that “antifa” had started the fires. The Multnomah County Sheriff’s Office announced days later that it had cited three men involved with setting up the checkpoints.
“We told people engaging in this behavior that roadways are open to all users, and that their actions are illegal,” Multnomah County Sheriff Mike Reese said at the time.
On Saturday, private militias set up their own checkpoint on the road leading into Delta Park. The men at the checkpoint declined to share their names, but they did rail at length against taxes, immigration and antifa. They said they were there to repel “antifa.” And they stopped journalists, questioning them about their affiliations before allowing them to enter the park.
But this checkpoint didn’t seem to concern law enforcement. Police cruisers drove by the men several times, offering a wave or a peace sign.
And when counterprotesters tried to enter the rally, crowds confronted them, yelling in their faces and chasing them out of the park. In one instance, four police liaison officers tried to broker peace, but mostly the scuffles were allowed to play out.
Standing on the park’s perimeter, Jim McMurray, a sergeant with the Portland Police Bureau, said cops were unlikely to intervene.
“They’ll police themselves,” McMurray said of the crowd of several hundred Proud Boys and their supporters.
Rally organizers said they had coordinated via phone, email and in-person meetings with local police and federal authorities.
Biggs told Courthouse News that he was in touch with the FBI about other private militia groups who, according to The Guardian, had discussed violently confronting counterprotesters at Saturday’s rally.
“They’re not with us,” Biggs said when asked the people mentioned in the article. “We met with the FBI today. We said if they see people there to point them out and we will expel them. There are people who will come to this event because it’s public and use that to express their violent fantasies. But that doesn’t reflect on us or on our values.”
FBI spokeswoman Beth Anne Steele neither confirmed nor denied that claim, saying in an email that the bureau was working to avoid violence at Saturday’s planned rally.
“Those efforts take many forms, but we will not discuss the specifics of investigative or operational matters,” Steele wrote.
And Tarrio, as well as several other Proud Boys, told Courthouse News that local police had emailed the group with guidelines on where to park, which roads to take, and even advising them that there would be no bathroom at Delta Park (though by Saturday, two clean porta-potties had appeared).
That morning, Nugent’s truck led a caravan of Proud Boy vehicles, many sans license plates, from Vancouver Mall to the entrance of Delta Park. Then, a state trooper patrol car pulled out in front to guide the caravan into the park – despite the fact that the city had denied the Proud Boys’ permit to hold their rally there, saying the rally was contrary to efforts to limit the spread of Covid-19.
Saturday’s rally ended in the afternoon with no serious violence. Tarrio and Biggs had declared the event a victory before it even began, pointing to Gov. Kate Brown’s declaration of a state of emergency and the temporary lifting of a tear gas ban imposed by Portland Mayor Ted Wheeler as evidence.
Biggs also said the Proud Boys’ communication with authorities had been a win.
“We’ve talked to state and federal law enforcement for every event we do,” Biggs said. “The feds say, ‘you’re the only group out there that’s willing to sit down and tell us stuff.’ They know every move we do before we do it because we tell them.”


courthousenews--2020-09-29--Minnesota Congresswoman Sues to Keep Election On After Death of Rival

ST. PAUL , Minn. ( CN ) — A Minnesota congresswoman has sued state election officials challenging state law in a bid to get the race for her seat back on the November ballot .
In a federal suit filed Monday afternoon in federal court , Democratic Farmer-Labor Party ( DFL ) incumbent Angie Craig says the death of a third-party candidate should not cause the election for her congressional seat to be delayed until February .
The campaign for Minnesota ’ s Second Congressional District came to a sudden stop Friday after the sudden death of Legal Marijuana Now @ @ @ @ @ @ @ statute that delays elections in the event that a major-party candidate dies too close to Election Day .
Secretary of State Steve Simon — also a member of the Democratic Farmer-Labor Party — announced Friday that the election for the south-central Minnesota district would be postponed until Feb. 9 .
Craig says the statute is preempted by federal law , places an undue burden on voters and would unnecessarily leave the district without a representative .
Her lawsuit is the first to test the statute , which was passed by a DFL majority @ @ @ @ @ @ @ the 2002 U.S. Senate election .
In that election , popular DFL Senator Paul Wellstone ’ s death less than two weeks before the election led to a loss to GOP candidate Norm Coleman .
Simon , then a state legislator , championed the bill in the Minnesota House .
Craig and co-plaintiff Jenny Davies , a voter in the district , say federal law requires elections for U.S. representative every two years unless a seat is vacant .
That law has exceptions for exigent circumstances , they note but none apply here @ @ @ @ @ @ @ in a race does not preclude Minnesota from holding an election for the Second Congressional District in the regularly scheduled general election , ” the plaintiffs , represented by attorney Charles Nauen of Minnesota firm Lockridge Grindal Nauen , say in their complaint .
“ The only impediment to Minnesota ’ s holding the election for the Second Congressional District as required by federal law is Minnesota ’ s own law.
” The case has been assigned to U.S. District Judge Wilhelmina Wright , a Barack Obama appointee to the District of Minnesota @ @ @ @ @ @ @ delaying the election and requiring her to step down would “ deprive Minnesotans of their seat at the table at a time when critical legislation affecting our state will be debated.
” She urged voters to mark their ballots in the Nov. 3 election , despite Simon ’ s earlier assurances that votes in the race would not be counted .
Ballots have already been sent out in Minnesota , making it too late to take the contest off .
Billy Grant , a spokesman for Craig ’ s Republican opponent Tyler Kistner @ @ @ @ @ @ @ is “ trying to play politics with Minnesotans ’ voting rights.
” “ Despite Secretary of State Simon being crystal clear that there will be a special election in February , Angie Craig is trying to rewrite laws to disenfranchise voters , ” Grant wrote .
“ The people in Minnesota ’ s Second Congressional District will not be fooled.
” A spokeswoman for Simon ’ s office declined to comment on pending litigation .
Leadership at the Legal Marijuana Now Party did not reply to requests for comment .
The seat , @ @ @ @ @ @ @ in 2018 , is a battleground for Minnesota ’ s largest parties .
The district includes several suburbs in the southern Twin Cities metro and stretches southeast along the Wisconsin border .
Craig ’ s 2018 victory disrupted a lengthy streak of Republican dominance in the district .
A July poll showed her with a seven-point lead over Kistner , with 6 % of voters supporting the deceased Weeks in the same poll .
Legal Marijuana Now cleared the hurdle of becoming a major party under Minnesota law in 2018 , when state @ @ @ @ @ @ @ of the statewide vote for the office .
It shares that status with fellow marijuana-legalization party the Grassroots-Legalize Cannabis Party , of which it is an offshoot .
The Grassroots party does not have a Second District congressional candidate .

A Minnesota congresswoman has sued state election officials challenging state law in a bid to get the race for her seat back on the November ballot.
ST. PAUL, Minn. (CN) — A Minnesota congresswoman has sued state election officials challenging state law in a bid to get the race for her seat back on the November ballot.
U.S. Rep. Angie Craig of Minnesota.
In a federal suit filed Monday afternoon in federal court, Democratic Farmer-Labor Party (DFL) incumbent Angie Craig says the death of a third-party candidate should not cause the election for her congressional seat to be delayed until February.
The campaign for Minnesota’s Second Congressional District came to a sudden stop Friday after the sudden death of Legal Marijuana Now Party candidate Adam Weeks triggered a state statute that delays elections in the event that a major-party candidate dies too close to Election Day. Secretary of State Steve Simon — also a member of the Democratic Farmer-Labor Party — announced Friday that the election for the south-central Minnesota district would be postponed until Feb. 9.
Craig says the statute is preempted by federal law, places an undue burden on voters and would unnecessarily leave the district without a representative.
Her lawsuit is the first to test the statute, which was passed by a DFL majority in 2013 to prevent a repeat of the 2002 U.S. Senate election. In that election, popular DFL Senator Paul Wellstone’s death less than two weeks before the election led to a loss to GOP candidate Norm Coleman. Simon, then a state legislator, championed the bill in the Minnesota House.
Craig and co-plaintiff Jenny Davies, a voter in the district, say federal law requires elections for U.S. representative every two years unless a seat is vacant. That law has exceptions for exigent circumstances, they note but none apply here. “The death of one candidate in a race does not preclude Minnesota from holding an election for the Second Congressional District in the regularly scheduled general election,” the plaintiffs, represented by attorney Charles Nauen of Minnesota firm Lockridge Grindal Nauen, say in their complaint.
“The only impediment to Minnesota’s holding the election for the Second Congressional District as required by federal law is Minnesota’s own law.”
The case has been assigned to U.S. District Judge Wilhelmina Wright, a Barack Obama appointee to the District of Minnesota.
Craig said in a statement that delaying the election and requiring her to step down would “deprive Minnesotans of their seat at the table at a time when critical legislation affecting our state will be debated.”
She urged voters to mark their ballots in the Nov. 3 election, despite Simon’s earlier assurances that votes in the race would not be counted. Ballots have already been sent out in Minnesota, making it too late to take the contest off.
Billy Grant, a spokesman for Craig’s Republican opponent Tyler Kistner, said in a statement that Craig is “trying to play politics with Minnesotans’ voting rights.”
“Despite Secretary of State Simon being crystal clear that there will be a special election in February, Angie Craig is trying to rewrite laws to disenfranchise voters,” Grant wrote. “The people in Minnesota’s Second Congressional District will not be fooled.”
A spokeswoman for Simon’s office declined to comment on pending litigation. Leadership at the Legal Marijuana Now Party did not reply to requests for comment.
Legal Marijuana Now chairman Tim Davis said he is sympathetic to Craig’s position but that his party would push for the process outlined by Simon after Weeks’ death. The party plans to meet this weekend to begin the process of picking a candidate before a Nov. 10 deadline.
“I understand where she’s coming from, there are more people voting in November than there will be in February,” Davis said. “But that’s the way they made the law.”
Davis added the Legal Marijuana Now party had no plans to get involved in Craig’s suit.
The seat, which Craig won from Republican Jason Lewis in 2018, is a battleground for Minnesota’s largest parties. The district includes several suburbs in the southern Twin Cities metro and stretches southeast along the Wisconsin border.
Craig’s 2018 victory disrupted a lengthy streak of Republican dominance in the district. A July poll showed her with a seven-point lead over Kistner, with 6% of voters supporting the deceased Weeks in the same poll.
Legal Marijuana Now cleared the hurdle of becoming a major party under Minnesota law in 2018, when state auditor candidate Michael Ford garnered 5.28% of the statewide vote for the office. It shares that status with fellow marijuana-legalization party the Grassroots-Legalize Cannabis Party, of which it is an offshoot. The Grassroots party does not have a Second District congressional candidate.