courthousenews--2020-06-17--Poll Finds Americans Unhappiest They’ve Been in 50 Years

ST. PETERSBURG , Fla. ( AP ) — It ’ s been a rough year for the American psyche .
Folks in the United States are more unhappy today than they ’ ve been in nearly 50 years .
This bold — yet unsurprising — conclusion comes from the Covid Response Tracking Study , conducted by NORC ( National Opinion Research Center ) at the University of Chicago .
It finds that just 14 % of American adults say they ’ re very happy , down from 31 % who said so in 2018 .
That year , 23 % @ @ @ @ @ @ @ felt isolated in recent weeks .
Now 50 % say that .
The survey , conducted in late May , draws on nearly a half-century of research from the General Social Survey , which has collected data on American attitudes and behaviors at least every other year since 1972 .
No less than 29 % of Americans had ever called themselves very happy in that survey .
Most of the new survey ’ s interviews were completed before the death of George Floyd touched off nationwide protests and a global conversation about race @ @ @ @ @ @ @ feelings of stress and loneliness Americans were already facing from the coronavirus outbreak — especially black Americans .
Lexi Walker , a 47-year-old professional fiduciary who lives near Greenville , South Carolina , has felt anxious and depressed for long stretches this year .
She moved back to South Carolina late in 2019 , then her cat died .
Her father passed away in February .
Just when she thought she ’ d get out and socialize in an attempt to heal from her grief , the pandemic hit .
“ It ’ @ @ @ @ @ @ @ ” Walker said .
“ This is very hard .
The worst thing about this for me , after so much , I don ’ t know what ’ s going to happen.
” Among other findings from the new poll about life in the pandemic : — The public is less optimistic today about the standard of living improving for the next generation than it has been in the past 25 years .
Only 42 % of Americans believe that when their children reach their age , their standard of living will @ @ @ @ @ @ @ said that in 2018 .
Since the question was asked in 1994 , the previous low was 45 % in 1994 .
— Compared with surveys conducted after President Kennedy ’ s assassination in 1963 and after the Sept. 11 terrorist attacks , Americans are less likely to report some types of emotional and psychological stress reactions during the Covid-19 pandemic .
Fewer report smoking more than usual , crying or feeling dazed now than after those two previous tragedies , though more report having lost their temper or wanting to get drunk @ @ @ @ @ @ @ report being lonely today as in 2018 , and not surprisingly given the lockdowns that tried to contain the spread of the coronavirus , there ’ s also been a drop in satisfaction with social activities and relationships .
Compared with 2018 , Americans are about twice as likely to say they sometimes or often have felt a lack of companionship ( 45 % vs. 27 % ) and felt left out ( 37 % vs. 18 % ) in the past four weeks .
What is surprising , said Louise Hawkley , @ @ @ @ @ @ @ the University of Chicago , was that loneliness was not even more prevalent .
“ It isn ’ t as high as it could be , ” she said .
“ People have figured out a way to connect with others .
It ’ s not satisfactory , but people are managing to some extent.
” The new poll found that there have not been significant changes in Americans ’ assessment of their families ’ finances since 2018 and that Americans ’ satisfaction with their families ’ ability to get along financially was @ @ @ @ @ @ @ over nearly five decades .
Jonathan Berney , of Austin , Texas , said that the pandemic — and his resulting layoff as a digital marketing manager for a law firm — caused him to reevaluate everything in his life .
While he says he ’ s not exactly happy now , that ’ s led to another uncomfortable question : Was he truly happy before the pandemic ?
“ 2020 just fast forwarded a spiritual decay .
When things are good , you don ’ t tend to look inward , ” @ @ @ @ @ @ @ living and working in the Miami area before the pandemic hit .
As Florida dealt with the virus , his girlfriend left him and he decided to leave for Austin .
“ I probably just wasn ’ t a nice guy to be around from all the stress and anxiety .
But this forced an existential crisis.
” Berney , who is looking for work , said things have improved from those early , dark days of the pandemic .
He ’ s still job hunting but has a little savings to live @ @ @ @ @ @ @ trying to kayak more and center himself so he ’ s better prepared to deal with any further downturn .
Reimagining happiness is almost hard-wired into Americans ’ DNA , said Sonja Lyubomirsky , a psychology professor at the University of California , Riverside .
“ Human beings are remarkably resilient .
There ’ s lots and lots of evidence that we adapt to everything .
We move forward , ” she said , adding that she ’ s done happiness studies since the pandemic started and found that some people are slightly @ @ @ @ @ @ @ , of Tampa , who was laid off from her job in public relations in March , said she was in a depressed daze those first few weeks of unemployment .
Then she started to bike and play tennis and enrolled in a college course on post-crisis leadership .
Today she ’ s worried about the state of the world and the economy , and she wonders when she can see her kids and grandkids who live on the West Coast — but she also realizes that things could be a lot worse @ @ @ @ @ @ @ you have to be prepared , ” she said .
“ Whether it ’ s your health , your finances , whether it ’ s the world .
You have to be prepared .
And always maintain that positive mental attitude .
It ’ s going to get you through it .
”

It's been a rough year for the American psyche. Folks in the United States are more unhappy today than they've been in nearly 50 years.
ST. PETERSBURG, Fla. (AP) — It's been a rough year for the American psyche. Folks in the United States are more unhappy today than they've been in nearly 50 years.
This bold — yet unsurprising — conclusion comes from the Covid Response Tracking Study, conducted by NORC (National Opinion Research Center) at the University of Chicago. It finds that just 14% of American adults say they're very happy, down from 31% who said so in 2018. That year, 23% said they'd often or sometimes felt isolated in recent weeks. Now 50% say that.
The survey, conducted in late May, draws on nearly a half-century of research from the General Social Survey, which has collected data on American attitudes and behaviors at least every other year since 1972. No less than 29% of Americans had ever called themselves very happy in that survey.
Angelina Dinehdeal wipes tears from her eyes as she sits with her 8-year-old daughter, Annabelle, on the family's compound in Tuba City, Ariz., on April 20, 2020. The family has been devastated by COVID-19. The Navajo reservation has some of the highest rates of coronavirus in the country. If Navajos are susceptible to the virus' spread in part because they are so closely knit, that's also how many believe they will beat it. (AP Photo/Carolyn Kaster)
Most of the new survey's interviews were completed before the death of George Floyd touched off nationwide protests and a global conversation about race and police brutality, adding to the feelings of stress and loneliness Americans were already facing from the coronavirus outbreak — especially black Americans.
Lexi Walker, a 47-year-old professional fiduciary who lives near Greenville, South Carolina, has felt anxious and depressed for long stretches this year. She moved back to South Carolina late in 2019, then her cat died. Her father passed away in February. Just when she thought she'd get out and socialize in an attempt to heal from her grief, the pandemic hit.
"It's been one thing after another," Walker said. "This is very hard. The worst thing about this for me, after so much, I don't know what's going to happen."
Among other findings from the new poll about life in the pandemic:
— The public is less optimistic today about the standard of living improving for the next generation than it has been in the past 25 years. Only 42% of Americans believe that when their children reach their age, their standard of living will be better. A solid 57% said that in 2018. Since the question was asked in 1994, the previous low was 45% in 1994.
— Compared with surveys conducted after President Kennedy's assassination in 1963 and after the Sept. 11 terrorist attacks, Americans are less likely to report some types of emotional and psychological stress reactions during the Covid-19 pandemic. Fewer report smoking more than usual, crying or feeling dazed now than after those two previous tragedies, though more report having lost their temper or wanting to get drunk.
— About twice as many Americans report being lonely today as in 2018, and not surprisingly given the lockdowns that tried to contain the spread of the coronavirus, there's also been a drop in satisfaction with social activities and relationships. Compared with 2018, Americans are about twice as likely to say they sometimes or often have felt a lack of companionship (45% vs. 27%) and felt left out (37% vs. 18%) in the past four weeks.
What is surprising, said Louise Hawkley, a senior research scientist with NORC at the University of Chicago, was that loneliness was not even more prevalent.
"It isn't as high as it could be," she said. "People have figured out a way to connect with others. It's not satisfactory, but people are managing to some extent."
The new poll found that there have not been significant changes in Americans’ assessment of their families' finances since 2018 and that Americans' satisfaction with their families' ability to get along financially was as high as it's been over nearly five decades.
Jonathan Berney, of Austin, Texas, said that the pandemic — and his resulting layoff as a digital marketing manager for a law firm — caused him to reevaluate everything in his life. While he says he's not exactly happy now, that's led to another uncomfortable question: Was he truly happy before the pandemic?
"2020 just fast forwarded a spiritual decay. When things are good, you don't tend to look inward," he said, adding that he was living and working in the Miami area before the pandemic hit. As Florida dealt with the virus, his girlfriend left him and he decided to leave for Austin. "I probably just wasn't a nice guy to be around from all the stress and anxiety. But this forced an existential crisis."
Berney, who is looking for work, said things have improved from those early, dark days of the pandemic. He's still job hunting but has a little savings to live on. He said he's trying to kayak more and center himself so he's better prepared to deal with any further downturn.
Reimagining happiness is almost hard-wired into Americans' DNA, said Sonja Lyubomirsky, a psychology professor at the University of California, Riverside.
"Human beings are remarkably resilient. There's lots and lots of evidence that we adapt to everything. We move forward," she said, adding that she's done happiness studies since the pandemic started and found that some people are slightly happier than last year.
Melinda Hartline, of Tampa, who was laid off from her job in public relations in March, said she was in a depressed daze those first few weeks of unemployment. Then she started to bike and play tennis and enrolled in a college course on post-crisis leadership.
Today she's worried about the state of the world and the economy, and she wonders when she can see her kids and grandkids who live on the West Coast — but she also realizes that things could be a lot worse.
"Anything can happen, and you have to be prepared," she said. "Whether it's your health, your finances, whether it's the world. You have to be prepared. And always maintain that positive mental attitude. It's going to get you through it."
By TAMARA LUSH
The survey of 2,279 adults was conducted May 21-29 with funding from the National Science Foundation. It uses a sample drawn from NORC's probability-based AmeriSpeak Panel, which is designed to be representative of the U.S. population. The margin of error is plus or minus 2.9 percentage points.


courthousenews--2020-06-17--Sandusky-Related Conviction Argued at Third Circuit

HARRISBURG , Pa. ( AP ) — A Third Circuit panel grilled lawyers Tuesday about whether Penn State ’ s former president deserved to have his misdemeanor child endangerment conviction , related to his response to a complaint about Jerry Sandusky , overturned last year .
The Third Circuit Court of Appeals focused on whether Graham Spanier was wrongly convicted under a 2007 law for acts that occurred in 2001 .
The three judges did not say when they might rule .
Spanier ’ s attorneys say the 2007 version expanded the child endangerment law to apply to those who @ @ @ @ @ @ @ attorney general ’ s office said it simply put into words and clarified what already was the law — and that he was prosecuted under the 1995 version .
“ This jury was never told , never , that it could convict the defendant solely on the basis that he supervised other people that were supervising the welfare of children , ” said Ronald Eisenberg for the attorney general ’ s office .
The judges are reviewing an April 2019 ruling by U.S. Magistrate Judge Karoline Mehalchick that Spanier was improperly convicted under @ @ @ @ @ @ @ three months to retry him .
In early 2001 , two of Spanier ’ s top lieutenants notified him about a report from an assistant football coach that he was highly disturbed by seeing retired football team defensive coach Sandusky alone and naked in a team shower with a boy .
The police were not called .
“ Spanier submits that this retroactive application is unreasonable and far more extensive than anyone in 2001 would have been able to reasonably foresee , ” Mehalchick wrote .
“ The court agrees.
” Her decision @ @ @ @ @ @ @ had been due to report to jail to start serving a minimum sentence of two months with work release , followed by two months of house arrest .
Spanier , 71 , was forced out as university president shortly after Sandusky was arrested in 2011 on child molestation charges .
A year later , Spanier was himself charged in an alleged criminal cover-up , although many of those charges were subsequently dismissed by a state appeals court .
The jury acquitted him of what remained by the time of his trial , except @ @ @ @ @ @ @ .
“ Why shouldn ’ t we be concerned with the jury instruction that was given , which mirrored the 2007 language ?
” Third Circuit Judge Mike Fisher asked on Tuesday .
“ Because how do we know that the jury didn ’ t find Dr. Spanier guilty because of the language that was added in 2007 rather than the original language ?
” Spanier attorney Bruce Merenstein said the 2007 changes broadened the law to provide for “ liability , criminal liability , against people who were not covered before 2007.
@ @ @ @ @ @ @ wrote in a recent brief , said he heard “ a rhythmic , slapping sound .
Glancing in a mirror he saw a naked boy , 10 or 12 years old , and also a naked man — Sandusky .
He was pressed up behind the boy , stomach to back , skin to skin.
” Spanier has said the incident , whose victim has not been identified , was characterized to him as horseplay .
“ If he really thought this was innocent ‘ horseplay , ’ why did Spanier at first @ @ @ @ @ @ @ criminal investigation ?
” prosecutors wrote in a brief .
“ If he really thought there was nothing at all sexual , why did Spanier believe Sandusky needed ‘ professional help ’ ?
” Spanier wrote in a 2001 email to his vice president and athletic director that “ the only downside for us is if the message isn ’ t ‘ heard ’ and acted upon , and we then become vulnerable for not having reported it.
” Spanier did not testify at his trial and told the judge at sentencing that @ @ @ @ @ @ @ He remains a tenured professor of human development and family studies , sociology , demography and family and community medicine .
He is on administrative leave from Penn State and has not taught any classes since the scandal broke nine years ago .
Sandusky is serving a lengthy state prison sentence for the sexual abuse of 10 boys .

A Third Circuit panel grilled lawyers Tuesday about whether Penn State's former president deserved to have his misdemeanor child endangerment conviction, related to his response to a complaint about Jerry Sandusky, overturned last year.
HARRISBURG, Pa. (AP) — A Third Circuit panel grilled lawyers Tuesday about whether Penn State's former president deserved to have his misdemeanor child endangerment conviction, related to his response to a complaint about Jerry Sandusky, overturned last year.
The Third Circuit Court of Appeals focused on whether Graham Spanier was wrongly convicted under a 2007 law for acts that occurred in 2001. The three judges did not say when they might rule.
Spanier's attorneys say the 2007 version expanded the child endangerment law to apply to those who employ or supervise underlings, while the attorney general's office said it simply put into words and clarified what already was the law — and that he was prosecuted under the 1995 version.
FILE - In this June 2, 2017, file photo, former Penn State President Graham Spanier departs after his sentencing hearing at the Dauphin County Courthouse in Harrisburg, Pa. A federal appeals court grilled lawyers Tuesday, June 16, 2020, about whether Penn State's former president deserved to have his misdemeanor child endangerment charge over his response to a complaint about Jerry Sandusky overturned last year. (AP Photo/Matt Rourke, File)
"This jury was never told, never, that it could convict the defendant solely on the basis that he supervised other people that were supervising the welfare of children," said Ronald Eisenberg for the attorney general's office.
The judges are reviewing an April 2019 ruling by U.S. Magistrate Judge Karoline Mehalchick that Spanier was improperly convicted under the 2007 version. She gave prosecutors three months to retry him.
In early 2001, two of Spanier's top lieutenants notified him about a report from an assistant football coach that he was highly disturbed by seeing retired football team defensive coach Sandusky alone and naked in a team shower with a boy. The police were not called.
"Spanier submits that this retroactive application is unreasonable and far more extensive than anyone in 2001 would have been able to reasonably foresee," Mehalchick wrote. "The court agrees."
Her decision came less than a day before Spanier had been due to report to jail to start serving a minimum sentence of two months with work release, followed by two months of house arrest.
Spanier, 71, was forced out as university president shortly after Sandusky was arrested in 2011 on child molestation charges. A year later, Spanier was himself charged in an alleged criminal cover-up, although many of those charges were subsequently dismissed by a state appeals court.
The jury acquitted him of what remained by the time of his trial, except for a single count of child endangerment.
"Why shouldn't we be concerned with the jury instruction that was given, which mirrored the 2007 language?" Third Circuit Judge Mike Fisher asked on Tuesday. "Because how do we know that the jury didn't find Dr. Spanier guilty because of the language that was added in 2007 rather than the original language?"
Spanier attorney Bruce Merenstein said the 2007 changes broadened the law to provide for "liability, criminal liability, against people who were not covered before 2007."
Then-graduate assistant Mike McQueary, prosecutors wrote in a recent brief, said he heard "a rhythmic, slapping sound. Glancing in a mirror he saw a naked boy, 10 or 12 years old, and also a naked man — Sandusky. He was pressed up behind the boy, stomach to back, skin to skin."
Spanier has said the incident, whose victim has not been identified, was characterized to him as horseplay.
"If he really thought this was innocent 'horseplay,' why did Spanier at first agree to report the matter for possible criminal investigation?" prosecutors wrote in a brief. "If he really thought there was nothing at all sexual, why did Spanier believe Sandusky needed 'professional help'?"
Spanier wrote in a 2001 email to his vice president and athletic director that "the only downside for us is if the message isn't 'heard' and acted upon, and we then become vulnerable for not having reported it."
Spanier did not testify at his trial and told the judge at sentencing that he regretted not intervening more forcefully.
He remains a tenured professor of human development and family studies, sociology, demography and family and community medicine. He is on administrative leave from Penn State and has not taught any classes since the scandal broke nine years ago.
Sandusky is serving a lengthy state prison sentence for the sexual abuse of 10 boys.
By MARK SCOLFORO


courthousenews--2020-06-17--Math Suggests Complex Back Story at Supreme Court

WASHINGTON ( AP ) — Supreme Court watchers were left scratching their heads when they learned Justice Neil Gorsuch was the author of Monday ’ s landmark LGBT rights ruling , but not because the Trump appointee might have been expected to side with his conservative colleagues in dissent .
Rather , it was a matter of math .
Each of the nine Supreme Court justices usually writes at least one opinion for each month the court hears arguments .
Gorsuch ’ s opinion was his second for October while three of his colleagues wrote nothing .
That unusual lineup @ @ @ @ @ @ @ .
Gorsuch became the only justice other than retired Justice Anthony Kennedy to write a major high court ruling in favor of LGBT rights when he wrote the decision declaring workplace discrimination on the basis of sexual orientation or gender identity illegal under federal civil rights law .
The 52-year-old justice earlier wrote the ruling requiring unanimous jury verdicts in state criminal cases .
The answer is obvious in one sense .
He wrote opinions in both cases that attracted a majority of the court .
But how he came to write them @ @ @ @ @ @ @ of arguments , which the court calls a sitting , Chief Justice John Roberts assigns the opinions for cases in which he is in the majority .
Otherwise , the senior justice in the majority — usually either Clarence Thomas or Ruth Bader Ginsburg — decides who gets to write for the court .
The justices work together to ensure there is a relatively even distribution of labor .
It seems unlikely , based on the usual practice , that Gorsuch would have been assigned both majority opinions in October , especially since @ @ @ @ @ @ @ didn ’ t write at all from that month .
Justice Brett Kavanaugh was the third .
One of those three justices certainly was working on an opinion in a case that settled before the court could issue a decision .
But that still leaves two justices with nothing .
Occasionally , positions shift after the initial tally taken just after the arguments , either because a draft majority opinion is unpersuasive to a justice , or a dissent is compelling enough to draw another vote .
In rare instances , an opinion @ @ @ @ @ @ @ majority .
Such a shift might have happened here or in the case about unanimous juries , although there is not much evidence to suggest it with either one .
Georgetown University law professor Martin Lederman acknowledged on Twitter that he was speculating when he wrote that Gorsuch may have been undecided at first and that Roberts drafted an opinion siding with the employers .
“ Gorsuch didn ’ t buy it ; drafted this instead , and the Chief came over to it , ” Lederman wrote .
Or , he added @ @ @ @ @ @ @ juries case .
Majority opinions often have fairly lengthy recitations of the facts of the case .
Gorsuch ’ s opinion basically devoted one paragraph each to the three fired employees whose cases the court decided Monday .
But the justice offered an explanation for the brevity .
“ Few facts are needed to appreciate the legal question we face .
Each of the three cases before us started the same way : An employer fired a long-time employee shortly after the employee revealed that he or she is homosexual or transgender — @ @ @ @ @ @ @ the employee ’ s homosexuality or transgender status , ” he wrote .
Among other related questions is , what took so long ?
More than eight months elapsed between the arguments and the Monday decision .
That can happen at the court , but there often is a story behind the delay .
A highly anticipated case on affirmative action involving the University of Texas was argued in October 2011 and not decided until late the following June .
The 7-1 outcome , in the end , decided very little .
Several @ @ @ @ @ @ @ “ Breaking In , ” her biography of Justice Sonia Sotomayor , that Sotomayor had drafted a biting dissenting opinion that appeared to have changed some conservative justices ’ votes and ended up allowing the university to preserve its admissions policy .
The draft opinion eventually saw the light of day two years later , when the court upheld a constitutional amendment in Michigan that banned the consideration of race in public college admissions .
When Justice Harry Blackmun ’ s papers became public in 2004 , they revealed that Kennedy had switched @ @ @ @ @ @ @ twice in 1992 , in an abortion case that reaffirmed the 1973 Roe v. Wade ruling and in a separate case banning clergy-led prayers at public school graduations .
Though he started out on the other side , Kennedy wound up writing or co-writing the majority opinion in both cases .

Supreme Court watchers were left scratching their heads when they learned Justice Neil Gorsuch was the author of Monday's landmark LGBT rights ruling, but not because the Trump appointee might have been expected to side with his conservative colleagues in dissent.
WASHINGTON (AP) — Supreme Court watchers were left scratching their heads when they learned Justice Neil Gorsuch was the author of Monday's landmark LGBT rights ruling, but not because the Trump appointee might have been expected to side with his conservative colleagues in dissent.
Rather, it was a matter of math.
In this March 16, 2020 photo, a tree blooms outside the Supreme Court in Washington, Monday, March 16, 2020. (AP Photo/Patrick Semansky)
Each of the nine Supreme Court justices usually writes at least one opinion for each month the court hears arguments. Gorsuch's opinion was his second for October while three of his colleagues wrote nothing. That unusual lineup suggests something going on behind the scenes.
Gorsuch became the only justice other than retired Justice Anthony Kennedy to write a major high court ruling in favor of LGBT rights when he wrote the decision declaring workplace discrimination on the basis of sexual orientation or gender identity illegal under federal civil rights law. The 52-year-old justice earlier wrote the ruling requiring unanimous jury verdicts in state criminal cases.
The answer is obvious in one sense. He wrote opinions in both cases that attracted a majority of the court. But how he came to write them is a mystery.
After each month of arguments, which the court calls a sitting, Chief Justice John Roberts assigns the opinions for cases in which he is in the majority. Otherwise, the senior justice in the majority — usually either Clarence Thomas or Ruth Bader Ginsburg — decides who gets to write for the court. The justices work together to ensure there is a relatively even distribution of labor.
It seems unlikely, based on the usual practice, that Gorsuch would have been assigned both majority opinions in October, especially since Roberts and Ginsburg were two justices who didn't write at all from that month. Justice Brett Kavanaugh was the third.
One of those three justices certainly was working on an opinion in a case that settled before the court could issue a decision. But that still leaves two justices with nothing.
Occasionally, positions shift after the initial tally taken just after the arguments, either because a draft majority opinion is unpersuasive to a justice, or a dissent is compelling enough to draw another vote. In rare instances, an opinion originally circulated as a dissent becomes the majority.
Such a shift might have happened here or in the case about unanimous juries, although there is not much evidence to suggest it with either one.
Georgetown University law professor Martin Lederman acknowledged on Twitter that he was speculating when he wrote that Gorsuch may have been undecided at first and that Roberts drafted an opinion siding with the employers. "Gorsuch didn't buy it; drafted this instead, and the Chief came over to it," Lederman wrote.
Or, he added, maybe the change happened in the juries case.
Majority opinions often have fairly lengthy recitations of the facts of the case. Gorsuch's opinion basically devoted one paragraph each to the three fired employees whose cases the court decided Monday.
But the justice offered an explanation for the brevity. "Few facts are needed to appreciate the legal question we face. Each of the three cases before us started the same way: An employer fired a long-time employee shortly after the employee revealed that he or she is homosexual or transgender — and allegedly for no reason other than the employee's homosexuality or transgender status," he wrote.
Among other related questions is, what took so long? More than eight months elapsed between the arguments and the Monday decision. That can happen at the court, but there often is a story behind the delay.
A highly anticipated case on affirmative action involving the University of Texas was argued in October 2011 and not decided until late the following June. The 7-1 outcome, in the end, decided very little.
Several years later, Joan Biskupic wrote in "Breaking In," her biography of Justice Sonia Sotomayor, that Sotomayor had drafted a biting dissenting opinion that appeared to have changed some conservative justices’ votes and ended up allowing the university to preserve its admissions policy.
The draft opinion eventually saw the light of day two years later, when the court upheld a constitutional amendment in Michigan that banned the consideration of race in public college admissions.
When Justice Harry Blackmun's papers became public in 2004, they revealed that Kennedy had switched his vote — and the outcome — twice in 1992, in an abortion case that reaffirmed the 1973 Roe v. Wade ruling and in a separate case banning clergy-led prayers at public school graduations.
Though he started out on the other side, Kennedy wound up writing or co-writing the majority opinion in both cases.
By MARK SHERMAN


courthousenews--2020-06-17--Trump, Mnuchin Limit Oversight of $1 Trillion in Business Aid

WASHINGTON ( AP ) — Government watchdogs warn that a legal determination by the Trump administration could severely limit their ability to oversee more than $ 1 trillion in spending related to the coronavirus pandemic .
In a letter to four congressional committees , a panel of inspectors general overseeing a sweeping economic rescue law said an “ ambiguity ” in the law could block the watchdogs from conducting independent oversight .
The letter from Michael Horowitz and Robert Westbrooks , the officials leading the Pandemic Response Accountability Committee , cites a May 7 memo by the Treasury Department ’ @ @ @ @ @ @ @ in the rescue law do not extend to more than $ 1 trillion in spending — nearly half of the $ 2.4 trillion committed to the rescue law by Congress .
“ If this interpretation of the CARES Act were correct , it would raise questions about PRAC ’ s authority to conduct oversight ” of spending that includes federal loans for small businesses , aid to cities , states and tribes and other programs , the letter says .
The CARES Act is the rescue law ’ s name .
“ This @ @ @ @ @ @ @ issues because ( the spending in question ) includes over $ 1 trillion in funding , ” the letter says .
Horowitz is the Justice Department inspector general and acting chairman of the PRAC panel , while Wesbrooks is the group ’ s executive director .
The warning comes as lawmakers complain that the Trump administration has repeatedly blocked efforts to oversee the rescue law , including refusing to turn over detailed information about companies that applied for and received federal loans intended for small businesses .
Treasury Secretary Steven Mnuchin told Congress @ @ @ @ @ @ @ recipients and the amounts disbursed as part of the $ 600 billion-plus Paycheck Protection Program are “ proprietary information ” and do not have to be made public .
Democrats and some Republicans say there is nothing proprietary or confidential about businesses receiving millions of taxpayer dollars .
Questions have arisen whether any Trump businesses profited from the tax dollars .
Rep. Carolyn Maloney , D-N.Y. , chairwoman of the House Oversight Committee , said the Trump administration “ seems to be arguing that loopholes in the law exempt agencies from producing certain @ @ @ @ @ @ @ commitment to transparency and accountability .
“ They seem to be saying one thing while doing exactly the opposite , ” Maloney said .
“ If the Trump administration is committed to full cooperation and transparency with taxpayer dollars , it is unclear why it is manufacturing legal loopholes to avoid responding to legitimate oversight requests.
” The Treasury Department said in a statement that it is fully committed to CARES Act transparency .
Spokeswoman Monica Crowley said spending is subjected to “ comprehensive oversight , ” including at least three inspectors general @ @ @ @ @ @ @ Government Accountability Office .
The Treasury Department is also briefing Congress and updating its spending on government websites , she said .
A spokeswoman for Senate Appropriations Committee Chairman Richard Shelby , R-Ala. , said Shelby would support amending the rescue law to clarify that the inspectors general panel has authority to oversee the law .
“ American taxpayers have a right to know how their money is being spent .
Neither the letter nor the spirit of the law limit the accountability committee ’ s purview in that regard , ” said @ @ @ @ @ @ @ .
While Mnuchin has said releasing the names of loan recipients could compromise proprietary business information , he tweeted Monday that he is working with Florida Sen. Marco Rubio and others to “ strike the appropriate balance for proper oversight ” of PPP loans .
Rubio , a Republican who heads the small business panel and pushed for creation of the loan program , said Monday that he and Mnuchin are “ working through ” a way to ensure that the names of some loan recipients are made public .
“ There will @ @ @ @ @ @ @ adding it will likely be focused on larger loans of $ 2 million or more or some other number to be determined .
“ I ’ m not sure there ’ s a lot of curiosity about a $ 15,000 loan , ” he told The Associated Press , “ but obviously the bigger numbers at the top end … it ’ s hard to argue that information shouldn ’ t be available.
” President Trump has moved to curb oversight since the rescue law was adopted in late March .
He suggested @ @ @ @ @ @ @ moved to undercut them , saying even as he signed the law that the administration didn ’ t have to comply with some of them .
He then ousted the official named chairman of the Pandemic Response Accountability Committee , a board of inspectors general established to monitor the unprecedented spending .
The administration has said little about where the money is going .
In the 10 weeks after the Paycheck Protection Program was launched , the Small Business Administration says it has processed 4.5 million loans worth $ 511 billion .
But @ @ @ @ @ @ @ of taxpayer aid .
The agency has provided only general information , such as the total amounts of loans awarded in a given time period .
A House subcommittee overseeing the coronavirus aid demanded Monday that the Trump administration and some of the nation ’ s largest banks turn over detailed information about companies that applied for and received federal loans .

Government watchdogs warn that a legal determination by the Trump administration could severely limit their ability to oversee more than $1 trillion in spending related to the coronavirus pandemic.
WASHINGTON (AP) — Government watchdogs warn that a legal determination by the Trump administration could severely limit their ability to oversee more than $1 trillion in spending related to the coronavirus pandemic.
In a letter to four congressional committees, a panel of inspectors general overseeing a sweeping economic rescue law said an "ambiguity" in the law could block the watchdogs from conducting independent oversight.
The letter from Michael Horowitz and Robert Westbrooks, the officials leading the Pandemic Response Accountability Committee, cites a May 7 memo by the Treasury Department's legal counsel concluding that disclosure requirements in the rescue law do not extend to more than $1 trillion in spending — nearly half of the $2.4 trillion committed to the rescue law by Congress.
Treasury Secretary Steven Mnuchin speaks during a Senate Small Business and Entrepreneurship hearing to examine implementation of Title I of the CARES Act, Wednesday, June 10, 2020 on Capitol Hill in Washington. (Al Drago/Pool via AP)
"If this interpretation of the CARES Act were correct, it would raise questions about PRAC's authority to conduct oversight" of spending that includes federal loans for small businesses, aid to cities, states and tribes and other programs, the letter says. The CARES Act is the rescue law's name.
"This would present potentially significant transparency and oversight issues because (the spending in question) includes over $1 trillion in funding," the letter says.
Horowitz is the Justice Department inspector general and acting chairman of the PRAC panel, while Wesbrooks is the group's executive director.
The warning comes as lawmakers complain that the Trump administration has repeatedly blocked efforts to oversee the rescue law, including refusing to turn over detailed information about companies that applied for and received federal loans intended for small businesses.
Treasury Secretary Steven Mnuchin told Congress last week that the names of loan recipients and the amounts disbursed as part of the $600 billion-plus Paycheck Protection Program are "proprietary information" and do not have to be made public. Democrats and some Republicans say there is nothing proprietary or confidential about businesses receiving millions of taxpayer dollars. Questions have arisen whether any Trump businesses profited from the tax dollars.
Rep. Carolyn Maloney, D-N.Y., chairwoman of the House Oversight Committee, said the Trump administration "seems to be arguing that loopholes in the law exempt agencies from producing certain information,'' even as they express commitment to transparency and accountability.
"They seem to be saying one thing while doing exactly the opposite," Maloney said. "If the Trump administration is committed to full cooperation and transparency with taxpayer dollars, it is unclear why it is manufacturing legal loopholes to avoid responding to legitimate oversight requests."
The Treasury Department said in a statement that it is fully committed to CARES Act transparency. Spokeswoman Monica Crowley said spending is subjected to "comprehensive oversight," including at least three inspectors general, a new congressional panel and the Government Accountability Office. The Treasury Department is also briefing Congress and updating its spending on government websites, she said.
A spokeswoman for Senate Appropriations Committee Chairman Richard Shelby, R-Ala., said Shelby would support amending the rescue law to clarify that the inspectors general panel has authority to oversee the law.
"American taxpayers have a right to know how their money is being spent. Neither the letter nor the spirit of the law limit the accountability committee's purview in that regard,'' said Blair Taylor, a spokeswoman for Shelby.
While Mnuchin has said releasing the names of loan recipients could compromise proprietary business information, he tweeted Monday that he is working with Florida Sen. Marco Rubio and others to "strike the appropriate balance for proper oversight" of PPP loans.
Rubio, a Republican who heads the small business panel and pushed for creation of the loan program, said Monday that he and Mnuchin are "working through" a way to ensure that the names of some loan recipients are made public.
"There will be disclosure," Rubio said, adding it will likely be focused on larger loans of $2 million or more or some other number to be determined.
"I'm not sure there's a lot of curiosity about a $15,000 loan," he told The Associated Press, "but obviously the bigger numbers at the top end ... it's hard to argue that information shouldn't be available."
President Trump has moved to curb oversight since the rescue law was adopted in late March. He suggested the oversight provisions were unnecessary and immediately moved to undercut them, saying even as he signed the law that the administration didn't have to comply with some of them. He then ousted the official named chairman of the Pandemic Response Accountability Committee, a board of inspectors general established to monitor the unprecedented spending.
The administration has said little about where the money is going.
In the 10 weeks after the Paycheck Protection Program was launched, the Small Business Administration says it has processed 4.5 million loans worth $511 billion. But it has yet to reveal the recipients of taxpayer aid. The agency has provided only general information, such as the total amounts of loans awarded in a given time period.
A House subcommittee overseeing the coronavirus aid demanded Monday that the Trump administration and some of the nation's largest banks turn over detailed information about companies that applied for and received federal loans.
By MATTHEW DALY and MARY CLARE JALONICK


courthousenews--2020-06-17--Businesses, Colleges Fight Trump Visa Restrictions

BOSTON ( AP ) — Gregory Minott came to the United States from his native Jamaica more than two decades ago on a student visa and was able to carve out a career in architecture thanks to temporary work visas .
Now a U.S. citizen and cofounder of a real estate development firm in Boston , the 43-year-old worries that new restrictions on student and work visas expected to be announced this week will prevent others from following a similar path to the American dream .
“ Innovation thrives when there is cultural , economic and racial diversity , ” @ @ @ @ @ @ @ peers from other countries collaborating side by side with Americans is going to be a setback for the country .
We learned from Americans , but Americans also learn from us.
” Minott is among the business leaders and academic institutions large and small pleading with President Trump to move cautiously as he eyes expanding the temporary visa restrictions he imposed in April .
They say that cutting off access to talented foreign workers will further disrupt the economy and stifle innovation at a time when it ’ s needed most .
But @ @ @ @ @ @ @ been calling for stronger action after his visa restrictions didn ’ t go far enough for them .
Trump , who has used the coronavirus crisis to push through many of his stalled efforts to curb legal and illegal immigration , imposed a 60-day pause on visas for foreigners seeking permanent residency on April 22 .
But the order included a long list of exemptions and did not address the hundreds of thousands of temporary work and student visas issued each year .
Republican senators , including Tom Cotton of Arkansas and Ted @ @ @ @ @ @ @ new guest worker visas should be suspended for at least 60 days or until unemployment has returned to normal levels .
“ Given the extreme lack of available jobs , ” the senators wrote in a letter to Trump in May , “ it defies common sense to admit additional foreign guest workers to compete for such limited employment.
” Trump administration officials have been debating how long the forthcoming order should remain in place and which industries should be exempted , such as those working in health care and food production .
@ @ @ @ @ @ @ clear it ’ s considering suspending H-1B visas for high-skilled workers , H-2B visas for seasonal workers and L-1 visas for employees transferring within a company to the United States .
In recent weeks , businesses and academic groups have been voicing concern about possible changes to Optional Practical Training , a relatively obscure program that allows some 200,000 foreign students — mostly from China and India — to work in the country each year .
Created in 1947 , OPT authorizes international students to work for up to one year during college @ @ @ @ @ @ @ decade , the program has been extended for those studying science , technology , engineering and mathematics so they can work for up to three years .
While congressional Republicans have been some of the strongest supporters of eliminating the program , 21 Republican House lawmakers argued in a letter to the Trump administration this month that OPT is necessary for the country to remain a destination for international students .
They said foreign students and their families pump more than $ 40 billion annually into the economy even though the students represent @ @ @ @ @ @ @ .
Michael Crow , president of Arizona State University , which has one of the largest international student populations in the country at more than 13,000 , said opponents of OPT are simply anti-immigrant .
“ They don ’ t believe the data .
They don ’ t believe the facts , ” he said .
“ It ’ s a narrow view .
It ’ s an incomplete view about how to drive economic growth.
” Critics counter that OPT gives companies a financial incentive to hire foreigners over Americans because they @ @ @ @ @ @ @ federal payroll taxes .
The program also lacks oversight and has become a popular path for foreigners seeking to gain permanent legal status , said Jessica Vaughan , policy director at the Center for Immigration Studies , a Washington group advocating for strict immigration limits .
“ The government does not require that there be actual training , and no one checks on the employer or terms of employment , ” she said .
“ Some of the participants are career ‘ students , ’ going back and forth between brief graduate degree @ @ @ @ @ @ @ can stay here.
” Xujiao Wang , a Chinese national who has been part of the program for the past year , said she doesn ’ t see any fault in trying to build her family ’ s future in the United States .
The 32-year-old , who earned her doctorate in geographic information science from Texas State University , is working as a data analyst for a software company in Milford , Massachusetts .
She ’ s two months pregnant and living in Rhode Island with her husband , a Chinese national @ @ @ @ @ @ @ 2-year-old American-born daughter .
The couple hope to earn permanent residency , but any change to OPT could send them back to China and an uncertain future , Wang said .
“ China is developing fast , but it ’ s still not what our generation has come to expect in terms of freedom and choice , ” she said .
“ So it makes us anxious .
We ’ ve been step-by-step working toward our future in America.
” In Massachusetts , dismantling OPT would jeopardize a fundamental part of the state @ @ @ @ @ @ @ among the hardest hit by the pandemic , said Andrew Tarsy , cofounder of the Massachusetts Business Immigration Coalition .
The advocacy group sent a letter to Trump last week pleading for preservation of the program .
It was signed by roughly 50 businesses and colleges , including TripAdvisor and the University of Massachusetts , as well as trade associations representing the state ’ s thriving life sciences industry centered around Harvard , MIT and other Boston-area institutions .
“ We attract the brightest people in the world to study here , and @ @ @ @ @ @ @ , ” Tarsy said .
“ It ’ s led to the founding of many , many companies and the creation of new products and services .
It ’ s the bridge for international students.
” Minott , the Boston architect , says the time and resources required to invest in legal foreign workers , including attorneys ’ costs and visa processing fees , exceed any tax savings firms might enjoy .
DREAM Collaborative , his 22-person firm , employs three people originally hired on OPT permits who are now on H-1B visas @ @ @ @ @ @ @ early in his career .
“ These programs enabled me to stay in this country , start a business and create a better future for my family , ” said the father of two young American-born sons .
“ My kids are the next generation to benefit from that , and hopefully they ’ ll be great citizens of this country .
”

Gregory Minott came to the United States from his native Jamaica more than two decades ago on a student visa and was able to carve out a career in architecture thanks to temporary work visas.
BOSTON (AP) — Gregory Minott came to the United States from his native Jamaica more than two decades ago on a student visa and was able to carve out a career in architecture thanks to temporary work visas.
Now a U.S. citizen and cofounder of a real estate development firm in Boston, the 43-year-old worries that new restrictions on student and work visas expected to be announced this week will prevent others from following a similar path to the American dream.
"Innovation thrives when there is cultural, economic and racial diversity," Minott said. "To not have peers from other countries collaborating side by side with Americans is going to be a setback for the country. We learned from Americans, but Americans also learn from us."
In this June 12, 2020 photo, Gregory Minott sits in his home office in Andover, Mass. Minott came to the U.S. from his native Jamaica more than two decades ago on a student visa and was able to carve out a career in architecture thanks to temporary work visas. Now a U.S. citizen and co-founder of a real estate development firm in Boston, he worries that new restrictions on student and work visas expected to be announced soon will prevent others from following a similar path to the American dream. (AP Photo/Elise Amendola)
Minott is among the business leaders and academic institutions large and small pleading with President Trump to move cautiously as he eyes expanding the temporary visa restrictions he imposed in April.
They say that cutting off access to talented foreign workers will further disrupt the economy and stifle innovation at a time when it's needed most. But influential immigration hardliners aligned with Trump have been calling for stronger action after his visa restrictions didn't go far enough for them.
Trump, who has used the coronavirus crisis to push through many of his stalled efforts to curb legal and illegal immigration, imposed a 60-day pause on visas for foreigners seeking permanent residency on April 22. But the order included a long list of exemptions and did not address the hundreds of thousands of temporary work and student visas issued each year.
Republican senators, including Tom Cotton of Arkansas and Ted Cruz of Texas, say that all new guest worker visas should be suspended for at least 60 days or until unemployment has returned to normal levels.
"Given the extreme lack of available jobs," the senators wrote in a letter to Trump in May, "it defies common sense to admit additional foreign guest workers to compete for such limited employment."
Trump administration officials have been debating how long the forthcoming order should remain in place and which industries should be exempted, such as those working in health care and food production.
But the White House has made it clear it's considering suspending H-1B visas for high-skilled workers, H-2B visas for seasonal workers and L-1 visas for employees transferring within a company to the United States.
In recent weeks, businesses and academic groups have been voicing concern about possible changes to Optional Practical Training, a relatively obscure program that allows some 200,000 foreign students — mostly from China and India — to work in the country each year.
Created in 1947, OPT authorizes international students to work for up to one year during college or after graduation. Over the past decade, the program has been extended for those studying science, technology, engineering and mathematics so they can work for up to three years.
While congressional Republicans have been some of the strongest supporters of eliminating the program, 21 Republican House lawmakers argued in a letter to the Trump administration this month that OPT is necessary for the country to remain a destination for international students. They said foreign students and their families pump more than $40 billion annually into the economy even though the students represent just 5.5.% of U.S. college enrollments.
Michael Crow, president of Arizona State University, which has one of the largest international student populations in the country at more than 13,000, said opponents of OPT are simply anti-immigrant.
"They don't believe the data. They don't believe the facts," he said. "It's a narrow view. It's an incomplete view about how to drive economic growth."
Critics counter that OPT gives companies a financial incentive to hire foreigners over Americans because they don't have to pay certain federal payroll taxes.
The program also lacks oversight and has become a popular path for foreigners seeking to gain permanent legal status, said Jessica Vaughan, policy director at the Center for Immigration Studies, a Washington group advocating for strict immigration limits.
"The government does not require that there be actual training, and no one checks on the employer or terms of employment," she said. "Some of the participants are career 'students,' going back and forth between brief graduate degree programs and employment, just so they can stay here."
Xujiao Wang, a Chinese national who has been part of the program for the past year, said she doesn't see any fault in trying to build her family's future in the United States.
The 32-year-old, who earned her doctorate in geographic information science from Texas State University, is working as a data analyst for a software company in Milford, Massachusetts.
She's two months pregnant and living in Rhode Island with her husband, a Chinese national also working on OPT, and their 2-year-old American-born daughter. The couple hope to earn permanent residency, but any change to OPT could send them back to China and an uncertain future, Wang said.
"China is developing fast, but it's still not what our generation has come to expect in terms of freedom and choice," she said. "So it makes us anxious. We've been step-by-step working toward our future in America."
In Massachusetts, dismantling OPT would jeopardize a fundamental part of the state's economy, which has been among the hardest hit by the pandemic, said Andrew Tarsy, cofounder of the Massachusetts Business Immigration Coalition.
The advocacy group sent a letter to Trump last week pleading for preservation of the program. It was signed by roughly 50 businesses and colleges, including TripAdvisor and the University of Massachusetts, as well as trade associations representing the state's thriving life sciences industry centered around Harvard, MIT and other Boston-area institutions.
"We attract the brightest people in the world to study here, and this helps transition them into our workforce," Tarsy said. "It's led to the founding of many, many companies and the creation of new products and services. It's the bridge for international students."
Minott, the Boston architect, says the time and resources required to invest in legal foreign workers, including attorneys’ costs and visa processing fees, exceed any tax savings firms might enjoy.
DREAM Collaborative, his 22-person firm, employs three people originally hired on OPT permits who are now on H-1B visas — the same path that Minott took early in his career.
"These programs enabled me to stay in this country, start a business and create a better future for my family," said the father of two young American-born sons. "My kids are the next generation to benefit from that, and hopefully they'll be great citizens of this country."
By PHILIP MARCELO


courthousenews--2020-06-17--Virginia Governor Proposes Juneteenth as State Holiday

Virginia , once the capital of the Confederacy , would become only the second state to observe Juneteenth as a holiday .
RICHMOND , Va. ( AP ) — Virginia Gov .
Ralph Northam said Tuesday that he ’ s making Juneteenth — a day that commemorates the end of slavery in the United States — an official holiday in a state that was home to the capital of the Confederacy .
Juneteenth , which is also called Emancipation Day and Freedom Day , is celebrated on June 19 .
Texas made it a state holiday in 1980 .
The @ @ @ @ @ @ @ for state employees .
Northam said he thinks Virginia would be the second state to do so .
“ It ’ s time we elevate this , ” Northam said of the June 19 commemoration .
“ Not just a celebration by and for some Virginians but one acknowledged and celebrated by all of us.
” The Democratic governor is giving every executive branch employee this Friday off as a paid holiday and will work with the Legislature this year to pass a law codifying Juneteenth as a permanent state holiday .
The @ @ @ @ @ @ @ Legislature with little trouble .
The holiday commemorates June 19 , 1865 , when news finally reached African Americans in Texas that President Abraham Lincoln had issued the Emancipation Proclamation freeing slaves living in Confederate states 2½ years earlier .
When Union soldiers arrived in Galveston to bring the news that slavery had been abolished , former slaves celebrated .
The announcement came less than two weeks after Northam said he was ordering the removal of a statue of Gen. Robert E. Lee on Richmond ’ s Monument Avenue .
It is one @ @ @ @ @ @ @ monuments to the Confederacy .
Also this year , Northam signed legislation scrapping Lee-Jackson Day , a state holiday named for two Confederate generals .
Nearly forced from office last year after a racist yearbook photo surfaced , Northam has won widespread praise among black lawmakers for his actions in Virginia after the death of George Floyd , a black man who died after a Minneapolis officer pressed his knee into Floyd ’ s neck as he pleaded for air .
President Trump said last week that he has rescheduled a campaign rally @ @ @ @ @ @ @ , on Juneteenth .
The announcement of the rally sparked an outcry because Tulsa was the site of one of the worst instances of racial violence in U.S. history in 1921 , when hundreds of African Americans were massacred by a white mob that burned black-owned businesses and homes .
Northam was joined Tuesday at his news conference by musician Pharrell Williams , who is from Virginia .
Williams said Juneteenth deserves the same level of recognition and celebration as Independence Day .
“ Here ’ s our day , and if you @ @ @ @ @ @ @ your day too , ” Williams said .
“ July 4th is the birthday of our nation , but Juneteenth is the day where it truly began to fulfill its promise of freedom for all , ” Gilbert said .
“ For the first time since enslaved Africans landed at Jamestown in 1619 , the chains of bondage were finally cast off.
” Joseph Rogers , a 29-year-old activist who has been a regular protester in Richmond during more than two weeks of demonstrations over Floyd ’ s killing , hailed Northam ’ @ @ @ @ @ @ @ a step in the right direction , ” he said .

Virginia Gov. Ralph Northam said Tuesday that he's making Juneteenth — a day that commemorates the end of slavery in the United States — an official holiday in a state that was home to the capital of the Confederacy.
RICHMOND, Va. (AP) — Virginia Gov. Ralph Northam said Tuesday that he's making Juneteenth — a day that commemorates the end of slavery in the United States — an official holiday in a state that was home to the capital of the Confederacy.
Juneteenth, which is also called Emancipation Day and Freedom Day, is celebrated on June 19. Texas made it a state holiday in 1980. The holiday would be a paid day off for state employees. Northam said he thinks Virginia would be the second state to do so.
"It's time we elevate this," Northam said of the June 19 commemoration. "Not just a celebration by and for some Virginians but one acknowledged and celebrated by all of us."
The Democratic governor is giving every executive branch employee this Friday off as a paid holiday and will work with the Legislature this year to pass a law codifying Juneteenth as a permanent state holiday. The legislation is likely to pass the Democratic-controlled Legislature with little trouble.
The holiday commemorates June 19, 1865, when news finally reached African Americans in Texas that President Abraham Lincoln had issued the Emancipation Proclamation freeing slaves living in Confederate states 2½ years earlier. When Union soldiers arrived in Galveston to bring the news that slavery had been abolished, former slaves celebrated.
The announcement came less than two weeks after Northam said he was ordering the removal of a statue of Gen. Robert E. Lee on Richmond's Monument Avenue. It is one of the country's most iconic monuments to the Confederacy. Also this year, Northam signed legislation scrapping Lee-Jackson Day, a state holiday named for two Confederate generals.
Nearly forced from office last year after a racist yearbook photo surfaced, Northam has won widespread praise among black lawmakers for his actions in Virginia after the death of George Floyd, a black man who died after a Minneapolis officer pressed his knee into Floyd's neck as he pleaded for air.
President Trump said last week that he has rescheduled a campaign rally that was planned in Tulsa, Oklahoma, on Juneteenth. The announcement of the rally sparked an outcry because Tulsa was the site of one of the worst instances of racial violence in U.S. history in 1921, when hundreds of African Americans were massacred by a white mob that burned black-owned businesses and homes.
Northam was joined Tuesday at his news conference by musician Pharrell Williams, who is from Virginia. Williams said Juneteenth deserves the same level of recognition and celebration as Independence Day.
"Here's our day, and if you love us, it'll be your day too," Williams said.
State House Republican Leader Todd Gilbert echoed the sentiments.
"July 4th is the birthday of our nation, but Juneteenth is the day where it truly began to fulfill its promise of freedom for all," Gilbert said. "For the first time since enslaved Africans landed at Jamestown in 1619, the chains of bondage were finally cast off."
Joseph Rogers, a 29-year-old activist who has been a regular protester in Richmond during more than two weeks of demonstrations over Floyd's killing, hailed Northam's announcement.
"It's a step in the right direction," he said.
By ALAN SUDERMAN and DENISE LAVOIE


courthousenews--2020-06-17--Trump Touts an AIDS Vaccine That Doesn’t Exist

WASHINGTON ( AP ) — Seizing on a medical milestone that doesn ’ t exist , President Trump said Tuesday he thinks the scientific expertise that produced a vaccine for AIDS can deliver one soon for Covid-19 , too .
There is no vaccine for AIDS .
Trump also accused the previous administration of making no effort to stop abusive policing , ignoring a conspicuous drive by President Barack Obama to do just that .
Trump addressed policing and the pandemic in remarks at the White House for the signing of an executive order encouraging better law enforcement practices .
@ @ @ @ @ @ @ Pence mischaracterized the state of the pandemic in Oklahoma as Trump gears up for a weekend rally in Tulsa , his first such event in months .
Here is a look at their statements .
TRUMP , on scientists : “ These are the people — the best , the smartest , the most brilliant anywhere , and they ’ ve come up with the AIDS vaccine .
They ’ ve come up with … various things.
” — Tuesday at the White House THE FACTS : No one has come up with @ @ @ @ @ @ @ there a cure .
Nearly 38,000 people were diagnosed with HIV infection in the United States in 2018 and about 1.7 million globally that year .
However , powerful medicines have turned HIV into a manageable chronic condition for many patients , prompting major global efforts to get those drugs to more people who need them .
Taking certain anti-HIV drugs every day also can work as prevention , dramatically reducing the chances that someone who is still healthy becomes infected through sex or injection drug use .
A small fraction of the @ @ @ @ @ @ @ prophylaxis .
Yet there is “ no vaccine available that will prevent HIV infection or treat those who have it , ” according to the U.S. Health & Human Services Department .
Trump may have been trying to correct himself when he followed up with the comment that science has “ various things ” for AIDS .
As for a vaccine to end the coronavirus pandemic , Trump appears confident one will be ready by the end of the year , but public health authorities warn there ’ s no guarantee that any @ @ @ @ @ @ @ out .
Dr. Anthony Fauci of the National Institutes of Health said a vaccine by year ’ s end is conceivable only if everything goes right in final testing this summer .
TRUMP , on police practices : “ President Obama and Vice President Biden never even tried to fix this during their eight-year period .
The reason they didn ’ t try is because they had no idea how to do it.
” — Tuesday at the White House THE FACTS : That is false .
Under the Obama administration , the @ @ @ @ @ @ @ investigations into law enforcement agencies across the country , including police departments in Chicago , Baltimore and Ferguson , Missouri .
Those investigations were aimed at overhauling troubled departments with patterns of civil rights abuses and generally resulted in court-enforceable consent decrees requiring the agencies to commit to a series of fundamental changes with regard to the use of force , stops , searches and more .
In addition , the Obama White House established a task force to come up with best policing practices and to recommend ways to improve community trust @ @ @ @ @ @ @ released its report in 2015 .
That year , Obama barred the government from supplying certain types of military equipment to local police departments , a policy Trump reversed two years later .
Public pressure may be more intense on Congress now to pass sweeping laws on policing , after nationwide protests over the death of George Floyd in Minneapolis .
But the limited steps Trump took Tuesday steered around Congress .
VICE PRESIDENT MIKE PENCE : “ Oklahoma has really been in the forefront of our efforts to slow the spread .
@ @ @ @ @ @ @ they ’ ve flattened the curve .
… The number of cases in Oklahoma — it ’ s declined precipitously.
” — remarks Monday .
THE FACTS : That ’ s not true .
The curve has actually been spiking higher since late May , not flattening .
Oklahoma did report just 41 new coronavirus cases on May 28 , a relative low compared with early April .
But infections have increased since then .
Over the weekend , the state posted sharply higher numbers and set a daily record of new cases @ @ @ @ @ @ @ is among the nearly half the states that have seen coronavirus infections rise since May , when governors began loosening social-distancing orders .
In Tulsa , where a Trump rally is scheduled for Saturday , the infection rate is also rising steadily after remaining moderate for months .
The four-day average number of new cases in the city has doubled from the previous peak in April .
The city ’ s health department director , Dr. Bruce Dart , said he hopes the rally will be postponed , noting that large indoor gatherings @ @ @ @ @ @ @ spread .
Gov .
Kevin Stitt , a Republican , said he ’ s asked the Trump campaign to consider a larger , outdoor venue to help accommodate a bigger crowd .

Seizing on a medical milestone that doesn't exist, President Trump said Tuesday he thinks the scientific expertise that produced a vaccine for AIDS can deliver one soon for Covid-19, too. There is no vaccine for AIDS.
WASHINGTON (AP) — Seizing on a medical milestone that doesn't exist, President Trump said Tuesday he thinks the scientific expertise that produced a vaccine for AIDS can deliver one soon for Covid-19, too. There is no vaccine for AIDS.
Trump also accused the previous administration of making no effort to stop abusive policing, ignoring a conspicuous drive by President Barack Obama to do just that.
Trump addressed policing and the pandemic in remarks at the White House for the signing of an executive order encouraging better law enforcement practices. A day earlier, Vice President Mike Pence mischaracterized the state of the pandemic in Oklahoma as Trump gears up for a weekend rally in Tulsa, his first such event in months.
Here is a look at their statements.
TRUMP, on scientists: "These are the people — the best, the smartest, the most brilliant anywhere, and they've come up with the AIDS vaccine. They've come up with ... various things." — Tuesday at the White House
THE FACTS: No one has come up with a vaccine for AIDS, nor is there a cure. Nearly 38,000 people were diagnosed with HIV infection in the United States in 2018 and about 1.7 million globally that year.
However, powerful medicines have turned HIV into a manageable chronic condition for many patients, prompting major global efforts to get those drugs to more people who need them.
Taking certain anti-HIV drugs every day also can work as prevention, dramatically reducing the chances that someone who is still healthy becomes infected through sex or injection drug use. A small fraction of the Americans who might benefit use that pre-exposure prophylaxis.
Yet there is "no vaccine available that will prevent HIV infection or treat those who have it," according to the U.S. Health & Human Services Department.
Trump may have been trying to correct himself when he followed up with the comment that science has "various things" for AIDS.
As for a vaccine to end the coronavirus pandemic, Trump appears confident one will be ready by the end of the year, but public health authorities warn there's no guarantee that any of the candidates being tested will pan out. Dr. Anthony Fauci of the National Institutes of Health said a vaccine by year's end is conceivable only if everything goes right in final testing this summer.
___
TRUMP, on police practices: "President Obama and Vice President Biden never even tried to fix this during their eight-year period. The reason they didn't try is because they had no idea how to do it." — Tuesday at the White House
THE FACTS: That is false.
Under the Obama administration, the Justice Department opened 25 wide-ranging civil rights investigations into law enforcement agencies across the country, including police departments in Chicago, Baltimore and Ferguson, Missouri.
Those investigations were aimed at overhauling troubled departments with patterns of civil rights abuses and generally resulted in court-enforceable consent decrees requiring the agencies to commit to a series of fundamental changes with regard to the use of force, stops, searches and more.
In addition, the Obama White House established a task force to come up with best policing practices and to recommend ways to improve community trust while reducing crime. That task force released its report in 2015.
That year, Obama barred the government from supplying certain types of military equipment to local police departments, a policy Trump reversed two years later.
Public pressure may be more intense on Congress now to pass sweeping laws on policing, after nationwide protests over the death of George Floyd in Minneapolis. But the limited steps Trump took Tuesday steered around Congress.
___
VICE PRESIDENT MIKE PENCE: "Oklahoma has really been in the forefront of our efforts to slow the spread. And in a very real sense, they've flattened the curve. ... The number of cases in Oklahoma — it's declined precipitously." — remarks Monday.
THE FACTS: That’s not true. The curve has actually been spiking higher since late May, not flattening.
Oklahoma did report just 41 new coronavirus cases on May 28, a relative low compared with early April. But infections have increased since then. Over the weekend, the state posted sharply higher numbers and set a daily record of new cases on Tuesday, at 228.
Oklahoma is among the nearly half the states that have seen coronavirus infections rise since May, when governors began loosening social-distancing orders.
In Tulsa, where a Trump rally is scheduled for Saturday, the infection rate is also rising steadily after remaining moderate for months. The four-day average number of new cases in the city has doubled from the previous peak in April. The city's health department director, Dr. Bruce Dart, said he hopes the rally will be postponed, noting that large indoor gatherings are partially to blame for the recent spread.
Gov. Kevin Stitt, a Republican, said he's asked the Trump campaign to consider a larger, outdoor venue to help accommodate a bigger crowd.
By CALVIN WOODWARD and HOPE YEN


Auto Financing

SAN FRANCISCO — Under the terms of a settlement filed in federal court in California , Wells Fargo will pay @ @ @ @ @ its lending practice for direct auto financing to offer DACA recipients loans under the same @ @ @ @ @ U.S. citizens .

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--2020-06-18--Families of 2018 Camp Fire Victims Share Their Grief at PG&E Criminal Hearing

CHICO , Calif. ( CN ) – Recounting the final terror-filled moments of their loved ones ’ lives , family members of those killed in the 2018 Camp Fire testified Wednesday that a maximum $ 3.5 million fine for 84 deaths caused by Pacific Gas and Electric ’ s faulty equipment doesn ’ t come close to resembling justice .
“ I really think this is not fair that we are suffering , and the company gets to live .
They get to keep going , ” said Tamara Konicki , who lost her mother , Sheila Santos , in @ @ @ @ @ @ @ ’ s equipment in November 2018 .
Dozens of fathers , daughters , sisters , sons and brothers poured out their emotions in person , by phone and in written statements before Butte County Superior Court Judge Michael Deems on Wednesday .
The heart-wrenching testimony came one day after PG & E pleaded guilty to 84 counts of manslaughter and one count of recklessly starting the most destructive wildfire in California history .
The fire started on Nov. 8 , 2018 when a worn C-hook snapped off PG & E ’ s transmission @ @ @ @ @ @ @ line in Butte County , causing a 115-kilovolt power line to arc against the tower , sending sparks flying onto the grass brush below .
The fire burned more than 153,000 acres , wrecked 18,800 buildings and destroyed the towns of Paradise , Concow and Magalia .
A scathing grand jury report released Tuesday found PG & E repeatedly ignored warning signs about its antiquated power equipment , failed to learn from past tragedies and conducted inadequate inspections as it focused on profits over safety .
The company will pay a maximum $ @ @ @ @ @ @ @ County DA ’ s Office $ 500,000 for the costs of its investigation , and pay up to $ 15 million over five years to restore the Miocene Canal in Butte County .
Several family members of those who perished in the fire argued Wednesday that the planned punishment does not fit the crime .
Laurie Tiague said her heart breaks every time she imagines the final moments of her beloved 80-year-old stepfather Herbert Alderman ’ s life .
Alderman , who had a sprained ankle and limited mobility , died inside his @ @ @ @ @ @ @ to friends seeking someone to rescue him .
“ He was trapped in a metal hot box of a trailer that would soon be engulfed in flames , ” Tiague said .
“ No human being should ever have to suffer the unimaginable pain and terror of dying by fire.
” Tiague said PG & E executives and decision makers should be the ones facing punishment for her stepfather ’ s untimely death .
“ Those decisions were made by people – people focused on profits , people who will never pay a @ @ @ @ @ @ @ communities and the deaths of 84 people in the Camp Fire alone , ” Tiague said .
Joseph Downer heard the crackling explosions of flames during the last conversation he would ever have with his brother , Andrew Downer , a 54-year-old wheelchair-bound amputee , just minutes before the flames surrounded his Paradise home and took his life .
Downer recalled seeing a halo around the spot where his brother was burned alive on a wheelchair ramp as he attempted to flee the flames .
“ Given PG & E ’ s history @ @ @ @ @ @ @ this company won ’ t change until some PG & E executive actually goes to jail , ” Downer said .
“ A $ 3.5 million fine for killing 80 people is not justice.
” PG & E was previously convicted of 12 felonies related to the 2010 San Bruno gas pipeline explosion that killed eight people , injured 58 and destroyed 38 homes .
The company is still on probation for those crimes .
Addressing the court by phone , Brandon Duvall described the last moments of his father ’ s life @ @ @ @ @ @ @ “ trapped like a caged animal ” in the cab of his truck less than half a mile from his home as he tried to escape the town of Paradise .
Duvall asked PG & E executives to imagine raging flames of red , orange and yellow engulfing the vehicle as the stench of melting plastic , rubber and metal filled the air .
Glass cracked and shattered .
Black smoke and ash suffocated the interior as his father was burned alive , Duvall said .
“ I wonder if he screamed out @ @ @ @ @ @ @ inferno , ” Duvall pondered macabrely .
His father ’ s remains were so thoroughly incinerated that DNA sampling was necessary to identify him .
Weeks later , Duval received a cardboard box in the mail containing the remnants of his “ once vibrant ” father .
More than a year later , Duvall said he still can ’ t bring himself to open that box .
Addressing PG & E executives , Duvall said , “ Let this be a lesson to them and others who may be blinded by the bottom @ @ @ @ @ @ @ Cutting corners and squeezing out every last penny possible only to please your shareholders will cost us all in the end.
” After the hearing ended , PG & E CEO Bill Johnson said in a statement that he was deeply and personally affected by the testimony .
Johnson acknowledged the pain and anguish of victims along with the “ profound disappointment and anger ” directed toward PG & E .
“ On behalf of everyone at PG & E , I commit to doing better for our customers—to doing everything in our @ @ @ @ @ @ @ that nothing like the Camp Fire ever happens again , ” Johnson said .
Victim statements and testimony are expected to continue Thursday morning before Judge Deems sentences PG & E .
Also on Wednesday , U.S. Bankruptcy Judge Dennis Montali issued a 31-page decision overruling the bulk of objections against PG & E ’ s plan for exiting Chapter 11 bankruptcy .
The judge plans to hold a hearing on Friday to resolve any remaining objections with the intention of approving PG & E ’ s bankruptcy plan before June 30 .
@ @ @ @ @ @ @ E must meet to gain access to a state-created insurance fund to help protect it from future wildfire liabilities .

Recounting the final terror-filled moments of their loved ones’ lives, family members of those killed in the 2018 Camp Fire testified Wednesday that a maximum $3.5 million fine for 84 deaths caused by Pacific Gas and Electric’s faulty equipment doesn’t come close to resembling justice.
CHICO, Calif. (CN) — Recounting the final terror-filled moments of their loved ones’ lives, family members of those killed in the 2018 Camp Fire testified Wednesday that a maximum $3.5 million fine for 84 deaths caused by Pacific Gas and Electric’s faulty equipment doesn’t come close to resembling justice.
“I really think this is not fair that we are suffering, and the company gets to live. They get to keep going,” said Tamara Konicki, who lost her mother, Sheila Santos, in the fire sparked by PG&E’s equipment in November 2018.
Dozens of fathers, daughters, sisters, sons and brothers poured out their emotions in person, by phone and in written statements before Butte County Superior Court Judge Michael Deems on Wednesday. The heart-wrenching testimony came one day after PG&E pleaded guilty to 84 counts of manslaughter and one count of recklessly starting the most destructive wildfire in California history.
The fire started on Nov. 8, 2018 when a worn C-hook snapped off PG&E’s transmission tower #27/222 on the Caribou Palermo line in Butte County, causing a 115-kilovolt power line to arc against the tower, sending sparks flying onto the grass brush below. The fire burned more than 153,000 acres, wrecked 18,800 buildings and destroyed the towns of Paradise, Concow and Magalia.
A scathing grand jury report released Tuesday found PG&E repeatedly ignored warning signs about its antiquated power equipment, failed to learn from past tragedies and conducted inadequate inspections as it focused on profits over safety.
The company will pay a maximum $3.5 million fine, reimburse the Butte County DA’s Office $500,000 for the costs of its investigation, and pay up to $15 million over five years to restore the Miocene Canal in Butte County.
Several family members of those who perished in the fire argued Wednesday that the planned punishment does not fit the crime.
Laurie Tiague said her heart breaks every time she imagines the final moments of her beloved 80-year-old stepfather Herbert Alderman’s life. Alderman, who had a sprained ankle and limited mobility, died inside his Paradise home after making desperate phone calls to friends seeking someone to rescue him.
“He was trapped in a metal hot box of a trailer that would soon be engulfed in flames,” Tiague said. “No human being should ever have to suffer the unimaginable pain and terror of dying by fire.”
Tiague said PG&E executives and decision makers should be the ones facing punishment for her stepfather’s untimely death.
“Those decisions were made by people - people focused on profits, people who will never pay a price for the utter devastation of whole communities and the deaths of 84 people in the Camp Fire alone,” Tiague said.
Joseph Downer heard the crackling explosions of flames during the last conversation he would ever have with his brother, Andrew Downer, a 54-year-old wheelchair-bound amputee, just minutes before the flames surrounded his Paradise home and took his life. Downer recalled seeing a halo around the spot where his brother was burned alive on a wheelchair ramp as he attempted to flee the flames.
“Given PG&E’s history, it’s pretty clear that this company won’t change until some PG&E executive actually goes to jail,” Downer said. “A $3.5 million fine for killing 80 people is not justice.”
PG&E was previously convicted of six felonies related to the 2010 San Bruno gas pipeline explosion that killed eight people, injured 58 and destroyed 38 homes. The company is still on probation for those crimes.
Addressing the court by phone, Brandon Duvall described the last moments of his father’s life. Robert Duvall, 76, was “trapped like a caged animal” in the cab of his truck less than half a mile from his home as he tried to escape the town of Paradise.
Duvall asked PG&E executives to imagine raging flames of red, orange and yellow engulfing the vehicle as the stench of melting plastic, rubber and metal filled the air. Glass cracked and shattered. Black smoke and ash suffocated the interior as his father was burned alive, Duvall said.
“I wonder if he screamed out in torment until silenced forever by the inferno,” Duvall pondered macabrely.
His father’s remains were so thoroughly incinerated that DNA sampling was necessary to identify him. Weeks later, Duval received a cardboard box in the mail containing the remnants of his “once vibrant” father. More than a year later, Duvall said he still can’t bring himself to open that box.
Addressing PG&E executives, Duvall said, “Let this be a lesson to them and others who may be blinded by the bottom line and the pursuit of profit. Cutting corners and squeezing out every last penny possible only to please your shareholders will cost us all in the end.”
After the hearing ended, PG&E CEO Bill Johnson said in a statement that he was deeply and personally affected by the testimony. Johnson acknowledged the pain and anguish of victims along with the “profound disappointment and anger” directed toward PG&E.
“On behalf of everyone at PG&E, I commit to doing better for our customers—to doing everything in our power to improve how we operate so that nothing like the Camp Fire ever happens again,” Johnson said.
Victim statements and testimony are expected to continue Thursday morning before Judge Deems sentences PG&E.
Also on Wednesday, U.S. Bankruptcy Judge Dennis Montali issued a 31-page decision overruling the bulk of objections against PG&E’s plan for exiting Chapter 11 bankruptcy. The judge plans to hold a hearing on Friday to resolve any remaining objections with the intention of approving PG&E’s bankruptcy plan by June 30.
That’s the deadline PG&E must meet to gain access to a state-created insurance fund to help protect it from future wildfire liabilities.


Nestle Labels

SAN DIEGO — A federal court in California denied Nestle ’ s motion to strike in a class action alleging @ @ @ @ @ products to lead consumers to believe they were produced “ in accordance with environmentally and @ @ @ @ @


courthousenews--2020-06-18--Legal Access in Detention

Legal Access in Detention

WASHINGTON — A federal court in Washington granted a preliminary injunction to the Southern Poverty Law Center , ordering Immigration @ @ @ @ @ provide detainees telephone access so they can communicate with legal representatives , who are not @ @ @ @ @ because of Covid-19 .
The facilities must also ensure attorney-client confidentiality is maintained .


courthousenews--2020-06-17--Federal Judge Likely to Unseal Prop 8 Trial Videos

SAN FRANCISCO ( CN ) — A federal judge said Wednesday that he doesn ’ t see why video recordings of a historic bench trial over California ’ s same-sex marriage ban should not be made public on August 12 , a date that marks the official closure of the case ten years ago .
U.S. District Judge William Orrick said the initial sealing of the tapes was not expected to be permanent , and that his order two years ago keeping the seal in place until August 12 , 2020 will probably stand .
Same-sex couples Kristin Perry and @ @ @ @ @ @ @ Jeffrey Zarrillo sued the state in 2009 to overturn Proposition 8 , which defined marriage in the California Constitution as a union between a man and a woman and was approved by voters in November 2008 .
U.S. District Judge Vauhgn Walker overturned the law after two weeks of testimony in January 2010 .
Walker initially wanted to broadcast the full trial in real time , but Prop .
8 proponents objected , taking the issue to the U.S. Supreme Court , which blocked the broadcast .
Recordings of the trial were sealed @ @ @ @ @ @ @ viewed by him in his chambers to assist him in making his ruling .
Walker retired a year later , and attracted the ire of Prop .
8 proponents by playing a clip of the trial in a February 2011 lecture at the University of Arizona .
Proposition backers sued , but U.S. District Judge James Ware lifted that seal in 2011 , finding no compelling reason to keep the recordings private in light of the public ’ s right to access .
The Ninth Circuit disagreed , ruling in 2012 that Walker @ @ @ @ @ @ @ sides that the trial recordings would not be publicly broadcast .
“ Had Chief Judge Ware properly understood Chief Judge Walker ’ s statements as commitments to the parties , and had he recognized those commitments as binding obligations and constraints on his own discretion , he could have arrived at only one conclusion that is logical , plausible , and consistent with the record : to preserve the integrity of the judicial system , the recording must remain under seal , ” Judge Stephen Reinhardt wrote for the unanimous three-judge panel .
@ @ @ @ @ @ @ , KQED moved to unseal the recordings in 2017 , arguing that the educational benefits of releasing the videos , along with the public ’ s right to government records , should override the court ’ s 10-year sealing requirement .
Orrick took over the case after Ware ’ s retirement .
On Wednesday , Prop .
8 proponents urged him to keep the tapes under seal , saying they relied on Walker ’ s promise that they would not be released .
This premise didn ’ t seem strong enough for Orrick @ @ @ @ @ @ @ you ’ re resting on bears less and less weight as time goes on , ” he told John Ohlendorf , counsel for the Prop .
8 backers .
Ohlendorf , an attorney with Cooper and Kirk PLLC , said his clients would never have agreed to allow the trial to be recorded if they had known the seal had an expiration date .
“ If he had made clear his promise was good for 10 years only , we would have taken immediate action to appeal , ” Ohlendorf said .
“ @ @ @ @ @ @ @ the first place is we accepted Judge Walker ’ s promise that it would never be disclosed.
” Attorney Chris Dusseault with Gibson Dunn & Crutcher LLP , who represents the couples , said Ohlendorf ’ s colleague David Thompson told the Ninth Circuit at a 2011 hearing over the tapes that he understood that the seal would last 10 years .
This was in response to a question from Judge Michael Daly Hawkins about whether Thompson was “ under the impression these tapes would be forever sealed.
” Dusseault said this admission @ @ @ @ @ @ @ described it .
“ This was counsel informing the Ninth Circuit of what their understanding was at the time , ’ Dusseault said .
“ We believe it ’ s a judicial admission but even if not , it ’ s something extremely probative and undermines their current position.
” Orrick took the arguments under submission , but said , “ The reasoning from my January 2018 order is sound .
I still think so .
”

A federal judge said Wednesday that he doesn’t see why video recordings of a historic bench trial over California’s same-sex marriage ban should not be made public on August 12, a date that marks the official closure of the case 10 years ago.
SAN FRANCISCO (CN) — A federal judge said Wednesday that he doesn’t see why video recordings of a historic bench trial over California’s same-sex marriage ban should not be made public on August 12, a date that marks the official closure of the case 10 years ago.
U.S. District Judge William Orrick said the initial sealing of the tapes was not expected to be permanent, and that his order two years ago keeping the seal in place until August 12, 2020, will probably stand.
Same-sex couples Kristin Perry and Sandra Stier and Paul Katami and Jeffrey Zarrillo sued the state in 2009 to overturn Proposition 8, which defined marriage in the California Constitution as a union between a man and a woman after it was approved by voters in November 2008.
U.S. District Judge Vauhgn Walker overturned the law in January 2010 after two weeks of testimony. Walker initially wanted to broadcast the full trial in real time, but Prop. 8 proponents objected, taking the issue to the U.S. Supreme Court, which blocked the broadcast.
Recordings of the trial were sealed, and Walker promised they would only be viewed by him in his chambers to assist him in making his ruling.
Walker retired a year later and attracted the ire of Prop. 8 proponents by playing a clip of the trial in a February 2011 lecture at the University of Arizona. Proposition backers sued, but U.S. District Judge James Ware lifted that seal in 2011, finding no compelling reason to keep the recordings private in light of the public’s right to access.
The Ninth Circuit disagreed, ruling in 2012 that Walker had made a solemn commitment to both sides that the trial recordings would not be publicly broadcast.
"Had Chief Judge Ware properly understood Chief Judge Walker’s statements as commitments to the parties, and had he recognized those commitments as binding obligations and constraints on his own discretion, he could have arrived at only one conclusion that is logical, plausible, and consistent with the record: to preserve the integrity of the judicial system, the recording must remain under seal,” Judge Stephen Reinhardt wrote for the unanimous three-judge panel.
With the backing of 36 media organizations, KQED moved to unseal the recordings in 2017, arguing that the educational benefits of releasing the videos, along with the public’s right to government records, should override the court’s 10-year sealing requirement.
Orrick took over the case after Ware’s retirement.
On Wednesday, Prop. 8 proponents urged him to keep the tapes under seal, saying they relied on Walker’s promise that they would not be released.
This premise didn’t seem strong enough for Orrick.
“The judicial integrity argument that you're resting on bears less and less weight as time goes on,” he told John Ohlendorf, counsel for the Prop. 8 backers.
Ohlendorf, an attorney with Cooper and Kirk PLLC, said his clients would never have agreed to allow the trial to be recorded if they had known the seal had an expiration date.
“If he had made clear his promise was good for 10 years only, we would have taken immediate action to appeal,” Ohlendorf said. “The only reason this recording exists in the first place is we accepted Judge Walker's promise that it would never be disclosed.”
Attorney Chris Dusseault with Gibson Dunn, who represents the couples, said Ohlendorf’s colleague David Thompson told the Ninth Circuit at a 2011 hearing over the tapes that he understood that the seal would last 10 years.
This was in response to a question from Judge Michael Daly Hawkins about whether Thompson was “under the impression these tapes would be forever sealed.”
Dusseault said this admission was not an aside, as Ohlendorf described it.
“This was counsel informing the Ninth Circuit of what their understanding was at the time,’ Dusseault said. “We believe it's a judicial admission but even if not, it's something extremely probative and undermines their current position.”
Orrick took the arguments under submission, but said, “The reasoning from my January 2018 order is sound. I still think so.”