courthousenews--2020-11-07--In India, Polluted Air Spells Trouble for Virus Patients

NEW DELHI ( AP ) — A thick quilt of smog lingered over the Indian capital and its suburbs on Friday , fed by smoke from raging agricultural fires that health experts worry could worsen the city ’ s fight against the coronavirus .
Air pollution in parts of New Delhi have climbed to levels around nine times what the World Health Organization considers safe , turning grey winter skies into a putrid yellow and shrouding national monuments .
Levels of the most dangerous particles , called PM 2.5 , climbed to around 250 micrograms per cubic meter , which @ @ @ @ @ @ @ to the state-run System of Air Quality Weather Forecasting and Research .
The throat-burning smoke regularly turns the city of 20 million people into the world ’ s most polluted at this time of the year .
This year ’ s haze , however , comes as New Delhi battles a new surge in coronavirus infections , and health experts fear that if the air quality continues to worsen , then people with chronic medical conditions could become more vulnerable .
“ We are already registering more infections after the air quality started @ @ @ @ @ @ @ only get worse from here on , ” said Arvind Kumar , a chest surgeon in New Delhi .
India has reported the second most coronavirus infections in the world after the United States , with more than 8.4 million confirmed cases and nearly 125,000 deaths .
The number of new daily infections reported across the country has slowed since mid-September , but New Delhi has recently seen a new surge .
On Thursday , the national capital recorded nearly 6,700 new Covid-19 cases , the second-highest single-day spike since the pandemic began @ @ @ @ @ @ @ country ’ s festival season , when people normally gather in large numbers .
With fears growing about rising infections , New Delhi chief minister Arvind Kejriwal on Thursday banned firecrackers from being used this month during Diwali , the Hindu festival of light .
“ The corona situation is worsening because of pollution , ” he said .
Xiao Wu , a researcher at Harvard University , said emerging research suggests that pollution exposure could increase the severity of coronavirus infections .
“ The relationship of long-term air pollution and Covid-19 indicate @ @ @ @ @ @ @ to the infection , ” Wu said .
He said extended exposure to severely polluted air can cause chronic lung inflammation which could leave people more vulnerable to the coronavirus .
The link between air pollution and worsening Covid-19 cases remains mostly theoretical at the moment .
But several researchers have said that in addition to factors such as mask wearing , social distancing , population density and temperature , dirty air should also be considered a key element in coronavirus outbreaks .
Recently , India ’ s National Centre for Disease Control @ @ @ @ @ @ @ around 15,000 new Covid-19 cases a day in the winter , in part because of the prevalence of respiratory illnesses during the season resulting from toxic air .
Every winter season , air pollution levels in the capital soar to dangerous levels and dark yellow haze blankets the city for months .
What makes things worse is the burning of crop debris on farms in neighboring states , which sends up huge clouds of smoke that drift toward New Delhi .
The New Delhi government has been doing more this year to fight @ @ @ @ @ @ @ room to track hot spots , using huge anti-smog guns that spray high pressure mist to help dust particles settle , and reducing smoke caused by agricultural burning .
But many say it is not doing enough .
“ Our government only wakes up at the time of emergency .
We don ’ t want a quick-fix solution , ” said Bhavreen Kandhari , a New Delhi environmentalist .

A thick quilt of smog lingered over the Indian capital and its suburbs on Friday, fed by smoke from raging agricultural fires that health experts worry could worsen the city’s fight against the coronavirus.
NEW DELHI (AP) — A thick quilt of smog lingered over the Indian capital and its suburbs on Friday, fed by smoke from raging agricultural fires that health experts worry could worsen the city’s fight against the coronavirus.
Air pollution in parts of New Delhi have climbed to levels around nine times what the World Health Organization considers safe, turning grey winter skies into a putrid yellow and shrouding national monuments. Levels of the most dangerous particles, called PM 2.5, climbed to around 250 micrograms per cubic meter, which is considered hazardous to breathe, according to the state-run System of Air Quality Weather Forecasting and Research.
The throat-burning smoke regularly turns the city of 20 million people into the world’s most polluted at this time of the year.
This year's haze, however, comes as New Delhi battles a new surge in coronavirus infections, and health experts fear that if the air quality continues to worsen, then people with chronic medical conditions could become more vulnerable.
“We are already registering more infections after the air quality started to deteriorate. I fear things will only get worse from here on,” said Arvind Kumar, a chest surgeon in New Delhi.
India has reported the second most coronavirus infections in the world after the United States, with more than 8.4 million confirmed cases and nearly 125,000 deaths. The number of new daily infections reported across the country has slowed since mid-September, but New Delhi has recently seen a new surge.
On Thursday, the national capital recorded nearly 6,700 new Covid-19 cases, the second-highest single-day spike since the pandemic began. The surge comes ahead of the country's festival season, when people normally gather in large numbers.
With fears growing about rising infections, New Delhi chief minister Arvind Kejriwal on Thursday banned firecrackers from being used this month during Diwali, the Hindu festival of light.
“The corona situation is worsening because of pollution,” he said.
Xiao Wu, a researcher at Harvard University, said emerging research suggests that pollution exposure could increase the severity of coronavirus infections.
“The relationship of long-term air pollution and Covid-19 indicate adverse health impacts that make people prone to the infection,” Wu said.
He said extended exposure to severely polluted air can cause chronic lung inflammation which could leave people more vulnerable to the coronavirus.
The link between air pollution and worsening Covid-19 cases remains mostly theoretical at the moment. But several researchers have said that in addition to factors such as mask wearing, social distancing, population density and temperature, dirty air should also be considered a key element in coronavirus outbreaks.
Recently, India's National Centre for Disease Control said New Delhi is likely to report around 15,000 new Covid-19 cases a day in the winter, in part because of the prevalence of respiratory illnesses during the season resulting from toxic air.
New Delhi’s air pollution woes aren’t new.
Every winter season, air pollution levels in the capital soar to dangerous levels and dark yellow haze blankets the city for months. What makes things worse is the burning of crop debris on farms in neighboring states, which sends up huge clouds of smoke that drift toward New Delhi.
The New Delhi government has been doing more this year to fight air pollution by setting up a war room to track hot spots, using huge anti-smog guns that spray high pressure mist to help dust particles settle, and reducing smoke caused by agricultural burning.
But many say it is not doing enough.
“Our government only wakes up at the time of emergency. We don't want a quick-fix solution,” said Bhavreen Kandhari, a New Delhi environmentalist.
By SHEIKH SAALIQ Associated Press


courthousenews--2020-11-07--Trump Chief of Staff Meadows Diagnosed With Covid-19

WASHINGTON ( AP ) — President Donald Trump ’ s chief of staff Mark Meadows has been diagnosed with the coronavirus as the nation sets daily records for confirmed cases for the pandemic .
Two senior administration officials confirmed Friday that Meadows had tested positive for the virus , which has killed more than 236,000 Americans so far this year .
They offered no details on when the chief of staff came down with the virus or his current condition .
His diagnosis was first reported by Bloomberg News .
One administration official said several other staffers had tested positive @ @ @ @ @ @ @ in the run-up to Election Day and last appeared in public early Wednesday morning without a mask as Trump falsely declared victory in the vote count .
He had been one of the close aides around Trump when the president came down with the virus more than a month ago , but was tested daily and maintained his regular work schedule .
It marked the latest case of the virus in the West Wing , coming not even two weeks after Marc Short , Vice President Mike Pence ’ s chief of staff @ @ @ @ @ @ @ the virus .
Trump , first lady Melania Trump , and at least two dozen others tested positive for the virus in early October , after Trump held large gatherings of people not wearing face-masks , including the ceremony announcing the nomination of now-Justice Amy Coney Barrett to the Supreme Court .
Trump has repeatedly said that the nation is “ rounding the turn ” on the pandemic , which was top of mind for voters in Tuesday ’ s election .
COVID-19 cases in the U.S. have increased more than 50 % @ @ @ @ @ @ @ to an AP analysis of data from John Hopkins University , the 7-day rolling average for daily new cases rose from 61,166 on Oct. 22 to 94,625 on Nov. 5 .
By JONATHAN LEMIRE and ZEKE MILLER Associated Press

President Donald Trump's chief of staff Mark Meadows has been diagnosed with the coronavirus as the nation sets daily records for confirmed cases for the pandemic.
WASHINGTON (AP) — President Donald Trump's chief of staff Mark Meadows has been diagnosed with the coronavirus as the nation sets daily records for confirmed cases for the pandemic.
Two senior administration officials confirmed Friday that Meadows had tested positive for the virus, which has killed more than 236,000 Americans so far this year. They offered no details on when the chief of staff came down with the virus or his current condition. His diagnosis was first reported by Bloomberg News.
One administration official said several other staffers had tested positive as well.
Meadows traveled with Trump in the run-up to Election Day and last appeared in public early Wednesday morning without a mask as Trump falsely declared victory in the vote count. He had been one of the close aides around Trump when the president came down with the virus more than a month ago, but was tested daily and maintained his regular work schedule.
It marked the latest case of the virus in the West Wing, coming not even two weeks after Marc Short, Vice President Mike Pence's chief of staff, and other aides tests positive for the virus. Trump, first lady Melania Trump, and at least two dozen others tested positive for the virus in early October, after Trump held large gatherings of people not wearing face-masks, including the ceremony announcing the nomination of now-Justice Amy Coney Barrett to the Supreme Court.
Trump has repeatedly said that the nation is “rounding the turn” on the pandemic, which was top of mind for voters in Tuesday's election.
COVID-19 cases in the U.S. have increased more than 50% in the past two weeks. According to an AP analysis of data from John Hopkins University, the 7-day rolling average for daily new cases rose from 61,166 on Oct. 22 to 94,625 on Nov. 5.
By JONATHAN LEMIRE and ZEKE MILLER Associated Press


courthousenews--2020-11-07--Biden Addresses the Nation as States Continue Counting Votes

( CN ) — As the country waits for the final votes to be counted in a handful of states , former Vice President Joe Biden delivered a speech to the nation Friday night voicing confidence that he will win the presidency .
Speaking to a crowd of supporters in Wilmington , Delaware , with running mate Kamala Harris at his side , Biden began his roughly 7-minute address by maintaining that while nothing was official yet , he was well on track to amassing enough electoral college votes to be declared the next president-elect of the United States .
@ @ @ @ @ @ @ where his leads over President Donald Trump steadily increased throughout Friday , and said that his path to victory was clear .
“ We don ’ t have a final declaration of victory yet , but the numbers tell us a clear and convincing story — we ’ re going to win this race , ” Biden said .
The candidate also pointed to his lead in the popular vote count that shows him well ahead of Trump and asserted that he will win the race with a clear majority and a supportive @ @ @ @ @ @ @ people should stay calm as votes continue to be tallied , adding that the process needs to play itself out .
“ We have to remain calm , ” Biden said .
“ Patient .
Let the process work out as we count all the votes.
” He assured Americans that every vote will be rightfully counted and every voice will be heard when all is completed and said that he will not let efforts to stop the vote count prevail .
Biden ’ s confidence that he will prevail in this highly @ @ @ @ @ @ @ supported by the numbers and trends being reported as Friday .
In the races yet to be called , he is currently leading in Pennsylvania , Georgia , Arizona and Nevada , and his behind in North Carolina .
Biden currently has 253 electoral votes , and could win the presidency if he nabs Pennsylvania or a combination of the other states .
Trump , for his part , has to virtually run the board in the remaining states in order to secure a second term in the White House , a feat @ @ @ @ @ @ @ ’ s leads continue to widen .
Biden said Friday that with the numbers going in the direction they are , he has been given a clear mandate by the American people to lead the nation in its time of arguably unprecedented crisis .
“ They ’ ve given us a mandate for action on Covid , the economy , climate change , systemic racism , ” Biden said .
“ They ’ ve made it clear they want the country to come together , not continue to pull apart .
The people @ @ @ @ @ @ @ , and they spoke loudly for our ticket.
” Biden told supporters that while the official and final results of the presidential election have not been determined , he and Senator Harris are already preparing for their possible new roles .
Biden said that on Thursday , he and Harris held meetings with public health and economic crisis experts .
Harris , while initially scheduled to speak during Friday night ’ s speech , ultimately did not make her own remarks during the relatively brief address .
Biden concluded the address by saying @ @ @ @ @ @ @ for all Americans , not just those that voted for him .
He told supporters that civil discourse and disagreements were a healthy and natural aspect of any thriving democracy and that he remains hopeful of America ’ s future as it navigates a time of such uncertainty .
He ended his address by thanking those in attendance and said he hoped to be speaking to them again on Saturday .
Trump , who was not name-checked once during Biden ’ s speech , did not immediately make any comments about Biden ’ @ @ @

As the country waits for the final votes to be counted in a handful of states, former Vice President Joe Biden delivered a speech to the nation Friday night voicing confidence that he will win the presidency.
(CN) — As the country waits for the final votes to be counted in a handful of states, former Vice President Joe Biden delivered a speech to the nation Friday night voicing confidence that he will win the presidency.
Speaking to a crowd of supporters in Wilmington, Delaware, with running mate Kamala Harris at his side, Biden began his roughly 7-minute address by maintaining that while nothing was official yet, he was well on track to amassing enough electoral college votes to be declared the next president-elect of the United States. He pointed to Pennsylvania and Georgia, where his leads over President Donald Trump steadily increased throughout Friday, and said that his path to victory was clear.
“We don’t have a final declaration of victory yet, but the numbers tell us a clear and convincing story — we’re going to win this race,” Biden said.
The candidate also pointed to his lead in the popular vote count that shows him well ahead of Trump and asserted that he will win the race with a clear majority and a supportive nation.
Biden said that the American people should stay calm as votes continue to be tallied, adding that the process needs to play itself out.
“We have to remain calm,” Biden said. “Patient. Let the process work out as we count all the votes.”
He assured Americans that every vote will be rightfully counted and every voice will be heard when all is completed and said that he will not let efforts to stop the vote count prevail.
Biden’s confidence that he will prevail in this highly contentious and unusual election seems to be supported by the numbers and trends being reported as Friday.
In the races yet to be called, he is currently leading in Pennsylvania, Georgia, Arizona and Nevada, and his behind in North Carolina. Biden currently has 253 electoral votes, and could win the presidency if he nabs Pennsylvania or a combination of the other states.
Trump, for his part, has to virtually run the board in the remaining states in order to secure a second term in the White House, a feat that is becoming increasingly difficult as Biden’s leads continue to widen.
Biden said Friday that with the numbers going in the direction they are, he has been given a clear mandate by the American people to lead the nation in its time of arguably unprecedented crisis.
“They’ve given us a mandate for action on Covid, the economy, climate change, systemic racism,” Biden said. “They’ve made it clear they want the country to come together, not continue to pull apart. The people spoke. More than 74 million Americans, and they spoke loudly for our ticket.”
Biden told supporters that while the official and final results of the presidential election have not been determined, he and Senator Harris are already preparing for their possible new roles. Biden said that on Thursday, he and Harris held meetings with public health and economic crisis experts.
Harris, while initially scheduled to speak during Friday night’s speech, ultimately did not make her own remarks during the relatively brief address.
Biden concluded the address by saying that he plans on being the president for all Americans, not just those that voted for him. He told supporters that civil discourse and disagreements were a healthy and natural aspect of any thriving democracy and that he remains hopeful of America’s future as it navigates a time of such uncertainty.
He ended his address by thanking those in attendance and said he hoped to be speaking to them again on Saturday.
Trump, who was not name-checked once during Biden’s speech, did not immediately make any comments about Biden’s address.


courthousenews--2020-11-07--Next President Should Strengthen Endangered Species Act: Report

( CN ) — Scientists have for years sounded the alarm on the wildlife extinction crisis .
In the U.S. , avoiding catastrophe will take more than reversing years of regressive policy-making — it will require bolstering landmark federal protections established decades ago , conservationists and scientists said in a report issued this week .
Numerous species of wildlife have disappeared at frighteningly rapid rates and it ’ s estimated that globally more than a million species face extinction , according to the policy report published in the journal Science .
For nearly five decades , the Endangered Species Act @ @ @ @ @ @ @ U.S. policy tool for preventing a torrent of wildlife extinction and conserving both threatened and endangered plants and animals and the habitats they live in .
Under the 1973 law , federal agencies must consult with the National Marine Fisheries Service and the U.S .
Fish and Wildlife Service to ensure that their actions don ’ t jeopardize the safety of plants and animals listed for protection .
Implementation of the act has prevented the extinction of multiple wildlife including the bald eagle , the California condor , the Alabama leather flower and @ @ @ @ @ @ @ protects 1,600 plant and animal species and designates millions of acres as critical habitat for their survival and recovery .
But the landmark legislation has been slowly gutted by the Trump administration , which issued new rules in August 2019 that it said would undo “ unnecessary regulatory burdens ” while maintaining safeguards for wildlife species .
The new rules allow economic factors to be considered when agencies are deciding whether to list species for protection under the act and also make it more difficult to protect areas where endangered wildlife is not @ @ @ @ @ @ @ Thursday the changes make it more difficult for the federal government to conserve habitats that wildlife will depend on the era of rapidly accelerating climate change .
But simply rolling back Trump administration changes will not solve the regulatory problem facing the ESA , the report said .
University of Vermont conservation biologist Joe Roman said in a statement released with the report that the ESA must be bolstered via bipartisan legislation in Congress that also has the support of energy industry leaders .
“ It ’ s not enough to just go @ @ @ @ @ @ @ ago ; we need reform , ” report co-author Roman said .
“ We ’ re not talking about revising the act itself — that legislative can of worms — but it is clear that endangered species , wildlife agencies , landowners , and citizens would all benefit by updating the regulations and policies that are used to implement the law.
” The report says clarity is needed to guide implementation of the act , as is evident in the cases seeking protections for the Pacific walrus and the Arctic ringed seal .
@ @ @ @ @ @ @ cover has imperiled both animals , the Fish & Wildlife Service decided in 2017 not to protect the walrus .
The agency found climate change projections beyond 2060 were “ based on speculation , rather than reliable prediction.
” But five years earlier , the National Marine Fisheries Service listed the seal as “ threatened ” using climate projections stretching to 2100 that sync with modeling guidelines for the Intergovernmental Panel on Climate Change .
Ya-Wei Li of the Environmental Policy Innovation Center , lead author of the report , said that ad @ @ @ @ @ @ @ to dangerously inconsistent regulatory action under the act .
“ This kind of ambiguity hurts everybody and invites political interference that undercuts protections for species , erodes public confidence , triggers lawsuits that are costly for all , ” Li said .
“ It polarizes the ESA , a law that could enjoy far more support across the political spectrum.
” The Trump administration should disclose both data and political “ principles ” guiding wildlife regulation policy and explain their decisions to offer or not offer protections under act , the report said @ @ @ @ @ @ @ it interprets “ foreseeable future , ” which is the categorical timeframe for determining whether to list a species as “ threatened , ” the report said .
“ This ambiguity invites political intervention that undercuts species protection and public confidence in ESA decisions , triggers litigation that is costly for all parties , and polarizes the law , ” the report said .
In another case , Fish and Wildlife extended protections to the Gunnison sage grouse on agricultural lands under the ESA 4 ( d ) rule but declined protections for @ @ @ @ @ @ @ kind of farmland .
“ The agency may have had valid reasons for this discrepancy , but they never publicly explained those reasons , ” authors wrote in the report .
Li said recommendations in the report will increase transparency over the Endangered Species Act process , fund sensing technology that can better track the impact of climate change and incentivize preservation of wildlife that exists on private lands .
“ But we ’ re also advocating for new ideas that would bring better science and more flexible approaches to the decisions the @ @ @ @ @ @ @ .
Report authors said most Americans see plants and wildlife as a “ public good , ” and whoever occupies the White House should take that into consideration .
“ Think of what could happen if we got federal decision-makers , governors , conservationists , industry leaders to sit down together to help both species and landowners , ” Roman said .
“ With the right leadership , you could get broad bipartisan support to make the Endangered Species Act an even better tool for preventing the loss of biodiversity.
” Noah Greenwald @ @ @ @ @ @ @ for Biological Diversity , said in an interview that while he agrees with the authors that Trump administration regulations should be rescinded , additional legislation isn ’ t necessary to improve the act .
“ Given where Republicans stand on endangered species , there ’ s just not a lot of opportunity for bipartisan effort in Congress , nor is it needed , ” Greenwald said , adding the act already has strong protections that need to be enforced in a nonpartisan manner .
Greenwald said “ political interference ” from Trump-appointed officials @ @ @ @ @ @ @ scientists — should not be the impediment to implementing the law .
“ I hope the extinction crisis is an important priority for the Biden administration , if that ’ s in fact what we ’ re gon na have , because it really threatens our way of life.
” But Jacob Malcom , director of the Center for Conservation Innovation at Defenders of Wildlife , said more is definitely needed .
“ In order to save endangered and imperiled wildlife from the damage of the past four years , reverting to Obama-era @ @ @ @ @ @ @ not enough by itself .
We have seen unprecedented changes that undercut the Endangered Species Act and National Environmental Policy Act , two bedrock environmental laws that have protected species and their habitats for decades .
“ There is a long list of additional actions needed to overturn the damage to our environment , such as restoring protections for migratory birds and halting oil and gas development in the Arctic National Wildlife Refuge , ” he said in an email .
He noted the report — along with robust federal funding of the @ @ @ @ @ @ @ long way to “ strengthen the ESA in ways endangered species desperately need.
” Greenwald ’ s group and others sued the Trump administration in August 2019 to stop the package of rule changes to the act , claiming the rules were not properly proposed to the public before they were finalized .
U.S. District Judge Jon S. Tigar dismissed the lawsuit this past May with leave to amend , finding the plaintiffs failed to adequately state how they would be harmed by the new rules .
Additional plaintiffs in that case include @ @ @ @ @ @ @ Natural Resources Defense Council , National Parks Conservation Association , WildEarth Guardians and the Humane Society of the United States .
Also this past May , Tigar advanced a related California-led lawsuit seeking to block the Trump administration ’ s changes to the act , finding the states adequately established how the rules would affect their environmental and economic interests .

In a new report, scientists say reversing the Trump administration's pillaging of the Endangered Species Act won't be enough — the act needs to be bolstered to be even more effective.
(CN) — Scientists have for years sounded the alarm on the wildlife extinction crisis. In the U.S., avoiding catastrophe will take more than reversing years of regressive policy-making — it will require bolstering landmark federal protections established decades ago, conservationists and scientists said in a report issued this week.
Numerous species of wildlife have disappeared at frighteningly rapid rates and it’s estimated that globally more than a million species face extinction, according to the policy report published in the journal Science.
For nearly five decades, the Endangered Species Act (ESA) has been the primary U.S. policy tool for preventing a torrent of wildlife extinction and conserving both threatened and endangered plants and animals and the habitats they live in.
Under the 1973 law, federal agencies must consult with the National Marine Fisheries Service and the U.S. Fish and Wildlife Service to ensure that their actions don’t jeopardize the safety of plants and animals listed for protection.
Implementation of the act has prevented the extinction of multiple wildlife including the bald eagle, the California condor, the Alabama leather flower and Florida manatee. Today, the law protects 1,600 plant and animal species and designates millions of acres as critical habitat for their survival and recovery.
But the landmark legislation has been slowly gutted by the Trump administration, which issued new rules in August 2019 that it said would undo “unnecessary regulatory burdens” while maintaining safeguards for wildlife species.
The new rules allow economic factors to be considered when agencies are deciding whether to list species for protection under the act and also make it more difficult to protect areas where endangered wildlife is not found.
Scientists said in the report Thursday the changes make it more difficult for the federal government to conserve habitats that wildlife will depend on the era of rapidly accelerating climate change.
But simply rolling back Trump administration changes will not solve the regulatory problem facing the ESA, the report said.
University of Vermont conservation biologist Joe Roman said in a statement released with the report that the ESA must be bolstered via bipartisan legislation in Congress that also has the support of energy industry leaders.
"It's not enough to just go back to where we were eighteen months ago; we need reform," report co-author Roman said. "We're not talking about revising the act itself — that legislative can of worms — but it is clear that endangered species, wildlife agencies, landowners, and citizens would all benefit by updating the regulations and policies that are used to implement the law."
The report says clarity is needed to guide implementation of the act, as is evident in the cases seeking protections for the Pacific walrus and the Arctic ringed seal.
While the loss of ice and snow cover has imperiled both animals, the Fish & Wildlife Service decided in 2017 not to protect the walrus. The agency found climate change projections beyond 2060 were "based on speculation, rather than reliable prediction."
But five years earlier, the National Marine Fisheries Service listed the seal as "threatened" using climate projections stretching to 2100 that sync with modeling guidelines for the Intergovernmental Panel on Climate Change.
Ya-Wei Li of the Environmental Policy Innovation Center, lead author of the report, said that ad hoc approach by the agencies can lead to dangerously inconsistent regulatory action under the act.
"This kind of ambiguity hurts everybody and invites political interference that undercuts protections for species, erodes public confidence, triggers lawsuits that are costly for all,” Li said. “It polarizes the ESA, a law that could enjoy far more support across the political spectrum."
The Trump administration should disclose both data and political “principles” guiding wildlife regulation policy and explain their decisions to offer or not offer protections under act, the report said.


courthousenews--2020-11-07--Wide Coalition Powered Biden Win

Wide Coalition Powered Biden Win

WASHINGTON ( AP ) — Former Vice President Joe Biden ’ s White House victory was powered by a broad and racially diverse coalition of voters driven to the polls by fierce opposition to President Donald Trump and anxiety over a surging , deadly pandemic .
Both nationwide and in key battleground states across the Midwest and Sun Belt , the Democrat dominated with voters worried about the coronavirus and hungry for the federal government to do more to contain its spread , according to AP VoteCast , an expansive survey of more than 110,000 voters nationwide .
After four @ @ @ @ @ @ @ Biden handily won voters looking for a leader who could unify the country , and those pushing for racial justice .
More saw him as empathetic and honest , and willing to stand up to extremism , compared with the Republican incumbent .
“ It has to do with decency .
This country has got integrity and hopefully we can get decency , ” said Kay Nicholas , a 73-year-old retired teacher and school principal from Brighton , Michigan , a suburb of Detroit .
“ I think Joe Biden can do it @ @ @ @ @ @ @ ultimately emerged as a contest between two conflicting visions of America in a time of crisis .
Biden voters saw a nation in chaos and a void in presidential leadership , while Trump ’ s supporters believed the economy was roaring back to health and that the president was delivering on the dramatic political change he campaign on four years ago .
“ We love our president , we love our Constitution , we love everything that he ’ s promised and followed through on , ” said Annastasia Theodoropoulos , a 50-year-old @ @ @ @ @ @ @ a borough outside Scranton .
Biden ’ s coalition included clear majorities of college graduates , women , urban and suburban voters , young people and Black Americans — all groups that have risen up in resistance to the Trump presidency .
He made good on his promise to win over moderate voters , including some Republicans who rejected the president .
Trump , meanwhile , held his base of white voters without a college degree , rural voters and religious conservatives .
And in some competitive states , like Nevada and Florida @ @ @ @ @ @ @ s support among Latinos , according to the survey .
The two coalitions reflected a striking racial division .
Roughly 40 % of Americans identify as racial minorities , but just 14 % of Trump supporters do .
Biden voters more closely reflected America — 63 % of his supporters were white , and 37 % were people of color .
“ We are a force to be reckoned with , ” said Linda Wilson , a Black woman and Biden voter , of the mobilization of Black voters .
“ Let us @ @ @ @ @ @ @ ” Ultimately , Biden ’ s coalition was large enough for the former vice president to seal a victory , although not the sort of overwhelming wave that Democrats hoped would secure a commanding majority in the Senate .
Biden ’ s win was locked in Saturday when a narrow victory in Pennsylvania handed him an Electoral College majority after he had cemented leads in battlegrounds Wisconsin and Michigan on Wednesday .
Trump refused to concede and threatened further legal action on ballot counting .
Biden flipped the industrial states by securing core @ @ @ @ @ @ @ of women nationwide .
He was backed by 56 % of voters under 45 and 90 % of Black voters .
Biden also led among moderate voters , with 61 % .
He outpaced Trump in the suburbs , 54 % to 44 % , and dominated with roughly two-thirds of voters in urban areas .
And while Trump won white voters overall , Biden ate away at his advantage among white women and young white voters .
And in one sign of the growing education gap between the parties , Biden led @ @ @ @ @ @ @ graduates , while Trump dominated among white voters without a college degree .
This was a race about turning out decided supporters — about three-quarters said they knew all along which candidate they backed .
Still , both candidates undertook major efforts to turn out new voters , those who sat out in 2016 or cast ballots for minor-party candidates .
AP VoteCast shows those voters ultimately favored Biden — about 60 % of them nationwide cast ballots for the Democrat — and made up about 20 % of all voters .
Nearly @ @ @ @ @ @ @ 55 % of them supported Trump .
A solid 81 % of white evangelical Christians backed him .
Men leaned toward him over Biden , 52 % to 46 % .
Trump won 60 % of voters living in small towns and rural areas .
Eight months into a pandemic that has disproportionately hit Black and Latino Americans , Biden voters were more likely than Trump voters to say they ’ d been affected personally by the coronavirus pandemic .
And Biden ’ s campaign succeeded in making the election about the controversial @ @ @ @ @ @ @ on the virus .
For Brittany Walker , a 29-year-old nurse in Virginia Beach , Virginia , the tipping point was when Trump himself contracted the virus .
She cast her ballot for Biden .
“ To see that Trump was saying that he had it … and was wearing no masks ; to me that ’ s a very big deal , ” said Walker , who works on a hospital floor that cares for COVID patients .
“ How can you show us how to live if you ’ re not @ @ @ @ @ @ @ ’ s message on the virus also appears to have resonated in key battleground states , especially those that saw rising virus cases in the weeks leading up to Election Day .
In Wisconsin , which saw an October spike in cases , 45 % of voters said the pandemic was the top issue facing the country .
They were more likely to say the pandemic is not at all under control , compared with voters nationwide .
Half of all voters said the coronavirus was not under control in the U.S. , @ @ @ @ @ @ @ of infections was adding to a death toll that has now surpassed 236,000 .
About 8 in 10 of these voters supported Biden .
Biden prevailed despite Trump being the preferred candidate to handle the economy , an issue that Trump ’ s campaign tried to make a top selling point for his reelection .
He repeatedly pushed back against public health restrictions that could curb economic growth and made inaccurate claims about the state of economy before the pandemic hit .
Trump ’ s voters believed the president .
Roughly three-quarters of @ @ @ @ @ @ @ were good or excellent , although only about 4 in 10 voters overall agreed .
“ We ’ re living on our 401Ks and it ’ s just been going up , up , up for the last four years , ” said Bill Roan , a retiree from Snellville , Georgia .
“ I ’ m just scared with Biden ’ s tax plan and what ’ s going to happen with it.
” Throughout the campaign , Trump also sought to use racial tensions to shore up his support , particularly @ @ @ @ @ @ @ positioned himself as a defender of the police and portrayed the protesters calling for racial justice and police reform as radicals .
While the appeal showed some signs of resonating in small towns , it did little to sway the suburbs .
When asked who could better address policing and justice issues , suburban voters — an increasingly racially diverse group — preferred Biden to Trump by a narrow margin .
In Kenosha , the Wisconsin city that saw violence after a police shooting of a Black man , Trump ’ s rhetoric @ @ @ @ @ @ @ for some of his own supporters .
Steelworker Jason Beck voted for Trump four years ago because he “ just felt that it was time for something different , ” he said .
“ And it was a big mistake.
” AP VoteCast is a survey of the American electorate conducted by NORC at the University of Chicago for Fox News , NPR , PBS NewsHour , Univision News , USA Today Network , The Wall Street Journal and The Associated Press .
The survey of 110,485 voters was conducted for eight days @ @ @ @ @ @ @ were conducted in English and Spanish .
The survey combines a random sample of registered voters drawn from state voter files ; self-identified registered voters using NORC ’ s probability based AmeriSpeak panel , which is designed to be representative of the U.S. population ; and self-identified registered voters selected from nonprobability online panels .
The margin of sampling error for voters is estimated to be plus or minus 0.4 percentage points .
Find more details about AP VoteCast ’ s methodology at https : //ap.org/votecast .
By JOSH BOAK and HANNAH FINGERHUT @ @ @ @ @ @ @ in Detroit ; Jeff Amy in Tucker , Georgia ; Ben Finley in Virginia Beach , Virginia ; and Juliet Linderman in Pittsburgh , Pennsylvania , contributed to this report .

Wide Coalition Powered Biden Win
WASHINGTON (AP) — Former Vice President Joe Biden's White House victory was powered by a broad and racially diverse coalition of voters driven to the polls by fierce opposition to President Donald Trump and anxiety over a surging, deadly pandemic.
Both nationwide and in key battleground states across the Midwest and Sun Belt, the Democrat dominated with voters worried about the coronavirus and hungry for the federal government to do more to contain its spread, according to AP VoteCast, an expansive survey of more than 110,000 voters nationwide. After four years of political turbulence under Trump, Biden handily won voters looking for a leader who could unify the country, and those pushing for racial justice. More saw him as empathetic and honest, and willing to stand up to extremism, compared with the Republican incumbent.
“It has to do with decency. This country has got integrity and hopefully we can get decency,” said Kay Nicholas, a 73-year-old retired teacher and school principal from Brighton, Michigan, a suburb of Detroit. “I think Joe Biden can do it and bring back kindness.”
The election ultimately emerged as a contest between two conflicting visions of America in a time of crisis. Biden voters saw a nation in chaos and a void in presidential leadership, while Trump's supporters believed the economy was roaring back to health and that the president was delivering on the dramatic political change he campaign on four years ago.
“We love our president, we love our Constitution, we love everything that he’s promised and followed through on,” said Annastasia Theodoropoulos, a 50-year-old Trump supporter in Milford, Pennsylvania, a borough outside Scranton.
Biden’s coalition included clear majorities of college graduates, women, urban and suburban voters, young people and Black Americans -- all groups that have risen up in resistance to the Trump presidency. He made good on his promise to win over moderate voters, including some Republicans who rejected the president.
Trump, meanwhile, held his base of white voters without a college degree, rural voters and religious conservatives. And in some competitive states, like Nevada and Florida, Trump ate away at Biden’s support among Latinos, according to the survey.
The two coalitions reflected a striking racial division. Roughly 40% of Americans identify as racial minorities, but just 14% of Trump supporters do. Biden voters more closely reflected America — 63% of his supporters were white, and 37% were people of color.
“We are a force to be reckoned with,” said Linda Wilson, a Black woman and Biden voter, of the mobilization of Black voters. “Let us pray that this is just the beginning."
Ultimately, Biden’s coalition was large enough for the former vice president to seal a victory, although not the sort of overwhelming wave that Democrats hoped would secure a commanding majority in the Senate. Biden’s win was locked in Saturday when a narrow victory in Pennsylvania handed him an Electoral College majority after he had cemented leads in battlegrounds Wisconsin and Michigan on Wednesday.
Trump refused to concede and threatened further legal action on ballot counting.
Biden flipped the industrial states by securing core Democratic groups. He won 55% of women nationwide. He was backed by 56% of voters under 45 and 90% of Black voters. Biden also led among moderate voters, with 61%. He outpaced Trump in the suburbs, 54% to 44%, and dominated with roughly two-thirds of voters in urban areas.
And while Trump won white voters overall, Biden ate away at his advantage among white women and young white voters. And in one sign of the growing education gap between the parties, Biden led by a narrow margin among white college graduates, while Trump dominated among white voters without a college degree.


courthousenews--2020-11-07--Pennsylvania Puts Biden Over the Top

Pennsylvania Puts Biden Over the Top

( CN ) — After several days of grueling counts and both sides claiming victory , major news networks called the U.S. presidential election for Democrat Joe Biden Saturday , after awarding Pennsylvania ’ s 20 electoral votes to the former vice president .
Biden is also expected to take Nevada , Arizona and , rather remarkably , Georgia , where the close election will likely trigger a recount .
It was a highly contentious election carried out during a pandemic that prompted a record turnout , with more than 70 million votes being cast for each candidate .
Biden @ @ @ @ @ @ @ twice , will become the 46th person to occupy the Oval Office and will preside over a divided and polarized nation .
He will also have difficulties enacting a progressive agenda , as the Senate appears poised to remain in Republican control , although Democratic wins in closely contested elections in Georgia could split the chamber 50-50 .
Republicans this year did better in the House than in 2018 , when there was a blue wave .
But projections across the country still have the Democrats retaining control of the House , and @ @ @ @ @ @ @ will run for the leader of the Democratic contingent in the House again .
Biden has promised to be a president for all Americans , not just the Democratic constituency that sent him to the White House with a record number of votes .
Part of the reason Americans had to wait until the weekend to learn the winner was the sheer number of mail-in ballots that had to be counted in the states , as many people were frightened to cast votes in public with a highly contagious and deadly disease afoot @ @ @ @ @ @ @ ballots around the country left to be counted after Election Day , the former vice president did not rush to claim victory .
Pennsylvania had continued canvassing ballots through multiple lawsuits filed by President Donald Trump ’ s campaign there and across the country to stop a process that it claims without evidence is fraudulent .
In the latest advancement of this legal saga , Pennsylvania Republicans asked the U.S. Supreme Court on Friday to grant an emergency injunction that would stop every county in the state from counting any more ballots .
@ @ @ @ @ @ @ boards have been segregating mail-in ballots that arrived after Election Day from those that arrived on or before Election Day .
Justice Samuel Alito issued a ruling Friday evening requiring Pennsylvania to set aside a certain amount of late-arriving ballots , but the number of those ballots is not thought to be consequential to the outcome .
Whether there was any duty to segregate at all is disputed , as state law permits ballots to be counted so long as they were postmarked by Tuesday .
Even if all ballots that arrived between @ @ @ @ @ @ @ Biden is said to have collected enough mail-in ballots that arrived by Election Day to win the state .
Meanwhile , Trump would not have a path to the 270-vote threshold for electoral college victory even if he secured all three states where early returns put him in the lead : Pennsylvania , North Carolina and Georgia .
He needed an upset in either Nevada or Arizona .
For Biden , however , Pennsylvania alone put him at 273 electoral college votes .
The Trump campaign ’ s litigation led to a brief @ @ @ @ @ @ @ morning in Philadelphia , a Democratic stronghold where county officials had restricted access to vote-counting operations in the interest of privacy and safety .
Earlier that morning , a judge found that the observation area that the county had designated was too far from the action .
She said Covid-19 safety protocols justified letting poll watchers get within 6 feet of anything they wanted to observe , but the ruling was put on hold as Democrats and the county appealed .
A federal judge denied the campaign an emergency injunction Thursday night .
@ @ @ @ @ @ @ s handling of the election ever since it extended the deadline for mail-in ballots to include anything postmarked on Election Day that arrives as late as Friday .
Before the election , and before Justice Amy Coney Barret began hearing cases , the U.S. Supreme Court refused to speed up its consideration of that issue in the case with the Pennsylvania Republican Party .
The Republicans ’ latest filing says it is only a matter of when , not if , the justices take up their challenge .
Saying there are four justices @ @ @ @ @ @ @ there is “ ‘ a fair prospect ’ that the court will then reverse the decision below.
” “ Three justices have also stated that ‘ there is a strong likelihood that the [ Pennsylvania ] Supreme Court decision violates the Federal Constitution , ’ ” the filing continues .
Trump had cited transparency as a basis to stop all vote counting in Pennsylvania , even as Philadelphia streamed the ballot-canvassing process live on YouTube .
During Trump ’ s first presidential campaign in 2016 , he said that he will embrace election @ @ @ @ @ @ @ contest or file a challenge if he loses .

Pennsylvania Puts Biden Over the Top
(CN) — After several days of grueling counts and both sides claiming victory, major news networks called the U.S. presidential election for Democrat Joe Biden Saturday, after awarding Pennsylvania’s 20 electoral votes to the former vice president.
Biden is also expected to take Nevada, Arizona and, rather remarkably, Georgia, where the close election will likely trigger a recount.
It was a highly contentious election carried out during a pandemic that prompted a record turnout, with more than 70 million votes being cast for each candidate.
Biden, who previously ran unsuccessfully for president twice, will become the 46th person to occupy the Oval Office and will preside over a divided and polarized nation.
He will also have difficulties enacting a progressive agenda, as the Senate appears poised to remain in Republican control, although Democratic wins in closely contested elections in Georgia could split the chamber 50-50.
Republicans this year did better in the House than in 2018, when there was a blue wave. But projections across the country still have the Democrats retaining control of the House, and Speaker Nancy Pelosi has already indicated she will run for the leader of the Democratic contingent in the House again.
Biden has promised to be a president for all Americans, not just the Democratic constituency that sent him to the White House with a record number of votes.
Part of the reason Americans had to wait until the weekend to learn the winner was the sheer number of mail-in ballots that had to be counted in the states, as many people were frightened to cast votes in public with a highly contagious and deadly disease afoot.
With hundreds of thousands of mail-in ballots around the country left to be counted after Election Day, the former vice president did not rush to claim victory.
Pennsylvania had continued canvassing ballots through multiple lawsuits filed by President Donald Trump’s campaign there and across the country to stop a process that it claims without evidence is fraudulent.
In the latest advancement of this legal saga, Pennsylvania Republicans asked the U.S. Supreme Court on Friday to grant an emergency injunction that would stop every county in the state from counting any more ballots. This challenge hinges on whether county election boards have been segregating mail-in ballots that arrived after Election Day from those that arrived on or before Election Day.
Justice Samuel Alito issued a ruling Friday evening requiring Pennsylvania to set aside a certain amount of late-arriving ballots, but the number of those ballots is not thought to be consequential to the outcome.
Whether there was any duty to segregate at all is disputed, as state law permits ballots to be counted so long as they were postmarked by Tuesday. Even if all ballots that arrived between Wednesday and Friday are thrown out, Biden is said to have collected enough mail-in ballots that arrived by Election Day to win the state.
Meanwhile, Trump would not have a path to the 270-vote threshold for electoral college victory even if he secured all three states where early returns put him in the lead: Pennsylvania, North Carolina and Georgia. He needed an upset in either Nevada or Arizona. For Biden, however, Pennsylvania alone put him at 273 electoral college votes.
The Trump campaign’s litigation led to a brief halt in the counting of ballots Thursday morning in Philadelphia, a Democratic stronghold where county officials had restricted access to vote-counting operations in the interest of privacy and safety.
Earlier that morning, a judge found that the observation area that the county had designated was too far from the action. She said Covid-19 safety protocols justified letting poll watchers get within 6 feet of anything they wanted to observe, but the ruling was put on hold as Democrats and the county appealed.
A federal judge denied the campaign an emergency injunction Thursday night.
Trump has been critical of Pennsylvania’s handling of the election ever since it extended the deadline for mail-in ballots to include anything postmarked on Election Day that arrives as late as Friday.
Before the election, and before Justice Amy Coney Barret began hearing cases, the U.S. Supreme Court refused to speed up its consideration of that issue in the case with the Pennsylvania Republican Party.
The Republicans’ latest filing says it is only a matter of when, not if, the justices take up their challenge. Saying there are four justices in agreement, the application also claims there is “‘a fair prospect’ that the court will then reverse the decision below.”
“Three justices have also stated that ‘there is a strong likelihood that the [Pennsylvania] Supreme Court decision violates the Federal Constitution,’” the filing continues. Trump had cited transparency as a basis to stop all vote counting in Pennsylvania, even as Philadelphia streamed the ballot-canvassing process live on YouTube. During Trump’s first presidential campaign in 2016, he said that he will embrace election results “if I win” but contest or file a challenge if he loses.


courthousenews--2020-11-08--Biden Calls for Healing as Trump Vows Legal Fight

( CN ) – After a day where Americans took to the streets to dance , cheer and pop bubbly in celebration of the 2020 presidential race being called for Joe Biden , the president-elect called for healing from divisive politics , saying he would be a president for all Americans .
Biden ’ s speech comes even as the Trump campaign claims it is preparing lawsuits to challenge the election .
“ With full hearts and steady hands , with faith in America and in each other , with a love of country — and a thirst for justice @ @ @ @ @ @ @ we know we can be : a nation united , a nation strengthened , a nation healed , ” Biden said .
Biden jogged out on a stage set up at the Chase Center on the Riverfront in Wilmington , Delaware , which sits next to the Christina River , wearing a light blue tie and a black mask to cheers of “ Joe !
Joe !
Joe !
” Supporters waited for Biden ’ s address in a lot of parked cars , waiving American Flags and blue glow sticks .
His @ @ @ @ @ @ @ said , would be working to control the Covid-19 pandemic and that starts before the first day in the White House .
Monday , he would name a group of transition advisors to create an “ action blueprint ” to implement his plan to fight the virus .
“ That plan will be built on bedrock science .
It will be constructed out of compassion , empathy , and concern , ” Biden said .
“ I will spare no effort — none — or any commitment to turn around this pandemic.
” @ @ @ @ @ @ @ to look like America .
Referencing the celebrating by Americans earlier in the day , Biden said he was surprised and humbled by the “ outpouring of hope.
” Americans had spoken , he said .
The largest number of Americans to back a particular candidate – 74 million – had voted for him , a broad coalition he described as progressive and conservative , urban and rural , gay and straight , Asian , Native American and Latino .
But he was particularly moved by the support of African Americans during the @ @ @ @ @ @ @ was “ at its lowest ebb , ” buoying it forward to sweep Super Tuesday .
Speaking to supporters of Trump , Biden said he understood their disappointment .
“ I ’ ve lost a couple times myself , ” he said .
“ But now let ’ s give each other a chance.
” Quoting from the biblical book of Ecclesiastes , Biden pressed it was a time to heal .
“ To make progress , we must stop treating our opponents as our enemies , ” Biden said .
“ They @ @ @ @ @ @ @ Americans.
” With a bold voice , he said the mandate from the American people was for the political parties to cooperate .
“ Let this grim era of demonization in America begin to end here and now .
Refusal of Democrats and Republicans to cooperate with one another is not some mysterious force beyond our control .
It ’ s a decision — a choice we made .
And if we can decide to not cooperate then we can decide to cooperate , ” he said .
Trump has not conceded the @ @ @ @ @ @ @ tradition in American politics but has no legal implications .
And in a statement issued shortly after the race was called earlier in the day , Trump vowed to “ start prosecuting our case in court , ” bringing attention to issues his campaign saw with the election and tabulation .
While the Trump campaign said it would launch its legal salvo Monday , it announced it had filed at least one lawsuit Saturday afternoon .
The campaign , the Republican National Committee and Arizona ’ s Republican Party filed a lawsuit against @ @ @ @ @ @ @ officials in Maricopa County , where Phoenix sits .
The lawsuit alleges because of poll-worker errors with using a tabulation method the county had not used before the 2020 elections , ballots that had irregularities such as stray marks and splotches were not properly counted .
When the tabulation machine would read these ballots as overvotes , poll workers would override the machine when it rejected the ballots by pressing a green button , the 17-page complaint said .
“ Upon information and belief , up to thousands of other qualified electors in @ @ @ @ @ @ @ the tabulation device due to apparent overvotes or other ostensible defects or irregularities , ” the complaint said .
The suit asks the court to order Maricopa County election officials to identify the ballots the tabulation machines flagged as overcounts , review the ballots and not certify the returns until they ’ ve done so .
But the lawsuit may end up like the majority of other lawsuits the campaign filed after Election Day : one dismissed soon after it was filed in Georgia , for instance .
“ Looks like the same @ @ @ @ @ @ @ ” Richard Hasen , professor at University of California Irvine and an expert in election law , wrote in an email to Courthouse News about the recently filed suit .

Biden Calls for Healing as Trump Vows Legal Fight
(CN) – After a day where Americans took to the streets to dance, cheer and pop bubbly in celebration of the 2020 presidential race being called for Joe Biden, the president-elect called for healing from divisive politics, saying he would be a president for all Americans.
Biden’s speech comes even as the Trump campaign claims it is preparing lawsuits to challenge the election.
“With full hearts and steady hands, with faith in America and in each other, with a love of country — and a thirst for justice — let us be the nation that we know we can be: a nation united, a nation strengthened, a nation healed,” Biden said.
Biden jogged out on a stage set up at the Chase Center on the Riverfront in Wilmington, Delaware, which sits next to the Christina River, wearing a light blue tie and a black mask to cheers of “Joe! Joe! Joe!”
Supporters waited for Biden’s address in a lot of parked cars, waiving American Flags and blue glow sticks.
His administration's first priority, Biden said, would be working to control the Covid-19 pandemic and that starts before the first day in the White House. Monday, he would name a group of transition advisors to create an "action blueprint" to implement his plan to fight the virus.
“That plan will be built on bedrock science. It will be constructed out of compassion, empathy, and concern,” Biden said. “I will spare no effort — none — or any commitment to turn around this pandemic.”
He also said he wanted his administration to look like America.
Referencing the celebrating by Americans earlier in the day, Biden said he was surprised and humbled by the “outpouring of hope.” Americans had spoken, he said. The largest number of Americans to back a particular candidate – 74 million – had voted for him, a broad coalition he described as progressive and conservative, urban and rural, gay and straight, Asian, Native American and Latino.
But he was particularly moved by the support of African Americans during the Democratic presidential primaries, when his campaign was “at its lowest ebb,” buoying it forward to sweep Super Tuesday.
Speaking to supporters of Trump, Biden said he understood their disappointment. “I’ve lost a couple times myself,” he said. "But now let's give each other a chance."
Quoting from the biblical book of Ecclesiastes, Biden pressed it was a time to heal.
“To make progress, we must stop treating our opponents as our enemies,” Biden said. “They are not our enemies. They are Americans.”
With a bold voice, he said the mandate from the American people was for the political parties to cooperate.
"Let this grim era of demonization in America begin to end here and now. Refusal of Democrats and Republicans to cooperate with one another is not some mysterious force beyond our control. It's a decision -- a choice we made. And if we can decide to not cooperate then we can decide to cooperate," he said.
Trump has not conceded the race, which is a departure from tradition in American politics but has no legal implications. And in a statement issued shortly after the race was called earlier in the day, Trump vowed to “start prosecuting our case in court,” bringing attention to issues his campaign saw with the election and tabulation.
While the Trump campaign said it would launch its legal salvo Monday, it announced it had filed at least one lawsuit Saturday afternoon.
The campaign, the Republican National Committee and Arizona’s Republican Party filed a lawsuit against the Arizona Secretary of State and election officials in Maricopa County, where Phoenix sits.
The lawsuit alleges because of poll-worker errors with using a tabulation method the county had not used before the 2020 elections, ballots that had irregularities such as stray marks and splotches were not properly counted.
When the tabulation machine would read these ballots as overvotes, poll workers would override the machine when it rejected the ballots by pressing a green button, the 17-page complaint said.
“Upon information and belief, up to thousands of other qualified electors in Maricopa County had their ballots rejected by the tabulation device due to apparent overvotes or other ostensible defects or irregularities,” the complaint said.
The suit asks the court to order Maricopa County election officials to identify the ballots the tabulation machines flagged as overcounts, review the ballots and not certify the returns until they’ve done so.
But the lawsuit may end up like the majority of other lawsuits the campaign filed after Election Day: one dismissed soon after it was filed in Georgia, for instance.
“Looks like the same theory already rejected in another case,” Richard Hasen, professor at University of California Irvine and an expert in election law, wrote in an email to Courthouse News about the recently filed suit.


courthousenews--2020-11-09--Stellar Flares Can Reduce Planet Habitability

( CN ) — Learning more about stellar flares could be key to determining the habitability of exoplanets , researches said in a study released Sunday .
Scientists at the Center for Space Science at NYU Abu Dhabi in the United Arab Emirates calculated erosion rates of planetary atmospheres using stellar flare emission data from NASA ’ s Transiting Exoplanet Survey Satellite ( TESS ) observatory .
Launched in April 2018 aboard a SpaceX Falcon 9 rocket , TESS is a survey mission of the 200,000 brightest stars near the sun to discover exoplanets , which are planets that orbit @ @ @ @ @ @ @ The TESS satellite is composed of four identical cameras with seven lenses , sensors and electronics attached to a special plate enclosed by a sunshade to prevent stray light from distorting the image of nearby stars , according to NASA .
Research scientist Dimitra Atri and graduate student Shane Carberry Mogan found that more frequent , lower energy flares — radiation emissions from stars that form what ’ s known as “ space weather ” — had a greater impact on an exoplanet ’ s atmosphere than less frequent , higher energy flares @ @ @ @ @ @ @ photons and charged particles that can alter an exoplanet ’ s upper atmosphere .
While many stellar flares are invisible to the naked eye , they are powerful enough to disrupt radio communications .
Their frequency can be several times per day or a few times a week .
“ Given the close proximity of exoplanets to host stars , it is vital to understand how space weather events tied to those stars can affect the habitability of the exoplanet , ” said Atri .
The scientists ’ findings were explained in a @ @ @ @ @ @ @ : XUV-induced atmospheric escape and planetary habitability ” published in the journal Monthly Notices of Royal Astronomical Society : Letters .
Defined by a planet ’ s ability to sustain liquid water on its surface , planetary habitability is an essential concept in exoplanet science .
Sustaining an atmosphere is one of the most important requirements for a habitable planet .
Stellar flares are less understood than solar flares , which emit directly from the sun .
But they can be more powerful .
In July 2020 , astronomers observed massive stellar flares @ @ @ @ @ @ @ , including a superflare 20 times more powerful than common flares from the sun .
That is believed to be the first time such a phenomenon had ever been observed .
Atri and his colleague also determined how different types of stars emit extreme ultraviolet radiation through stellar flares , and how nearby planets are affected .
Atri ’ s research provides new insights into the habitability of exoplanets since the effects of stellar activity are not well understood .
The study also highlights the need for “ better numerical modeling of atmospheric @ @ @ @ @ @ @ into space , ” which can erode the atmosphere and diminish a planet ’ s habitability .
“ The next research step would be to expand our data set to analyze stellar flares from a larger variety of stars to see the long-term effects of stellar activity , and to identify more potentially habitable exoplanets , ” Atri stated .

Stellar Flares Can Reduce Planet Habitability
An artist's conception of HD 209458 b, an exoplanet whose atmosphere is being torn off at more than 35,000 km/hour by the radiation of its close-by parent star. This hot Jupiter was the first alien world discovered via the transit method, and the first planet to have its atmosphere studied. (NASA/European Space Agency/Alfred Vidal-Madjar (Institut d'Astrophysique de Paris, CNRS))
(CN) — Learning more about stellar flares could be key to determining the habitability of exoplanets, researches said in a study released Sunday.
Scientists at the Center for Space Science at NYU Abu Dhabi in the United Arab Emirates calculated erosion rates of planetary atmospheres using stellar flare emission data from NASA's Transiting Exoplanet Survey Satellite (TESS) observatory.
Launched in April 2018 aboard a SpaceX Falcon 9 rocket, TESS is a survey mission of the 200,000 brightest stars near the sun to discover exoplanets, which are planets that orbit stars outside of our solar system. The TESS satellite is composed of four identical cameras with seven lenses, sensors and electronics attached to a special plate enclosed by a sunshade to prevent stray light from distorting the image of nearby stars, according to NASA.
Research scientist Dimitra Atri and graduate student Shane Carberry Mogan found that more frequent, lower energy flares — radiation emissions from stars that form what’s known as “space weather” — had a greater impact on an exoplanet's atmosphere than less frequent, higher energy flares. These emissions consist of extreme ultraviolet photons and charged particles that can alter an exoplanet’s upper atmosphere.
While many stellar flares are invisible to the naked eye, they are powerful enough to disrupt radio communications. Their frequency can be several times per day or a few times a week.
“Given the close proximity of exoplanets to host stars, it is vital to understand how space weather events tied to those stars can affect the habitability of the exoplanet,” said Atri.
The scientists’ findings were explained in a paper titled “Stellar flares versus luminosity: XUV-induced atmospheric escape and planetary habitability” published in the journal Monthly Notices of Royal Astronomical Society: Letters.
Defined by a planet's ability to sustain liquid water on its surface, planetary habitability is an essential concept in exoplanet science. Sustaining an atmosphere is one of the most important requirements for a habitable planet.
Stellar flares are less understood than solar flares, which emit directly from the sun. But they can be more powerful.
In July 2020, astronomers observed massive stellar flares on the red dwarf star AD Leonis, including a superflare 20 times more powerful than common flares from the sun. That is believed to be the first time such a phenomenon had ever been observed.
Atri and his colleague also determined how different types of stars emit extreme ultraviolet radiation through stellar flares, and how nearby planets are affected.
Atri’s research provides new insights into the habitability of exoplanets since the effects of stellar activity are not well understood. The study also highlights the need for “better numerical modeling of atmospheric escape — how planets release atmospheric gases into space,” which can erode the atmosphere and diminish a planet's habitability. “The next research step would be to expand our data set to analyze stellar flares from a larger variety of stars to see the long-term effects of stellar activity, and to identify more potentially habitable exoplanets,” Atri stated.


courthousenews--2020-11-08--Bush Calls Election ‘Fair’ and Outcome ‘Clear’

Former President George W. Bush says the American people “ can have confidence that this election was fundamentally fair , @ @ @ @ @ , and its outcome is clear.
” He says in a statement that “ no @ @ @ @ @ your vote counted.
” And Bush says President Donald Trump has the right to request @ @ @ @ @ , with any unresolved issues to be “ properly adjudicated.
” Bush says now is @ @ @ @ @ must come together for the sake of our families and neighbors , and for our @ @ @ @ @ Bush says he ’ s spoken with Joe Biden and thanked the president-elect for what @ @ @ @ @ patriotic message ” in Biden ’ s national address on Saturday night after being declared @ @ @ @ @ says in a statement that while he and Biden have political differences , the former @ @ @ @ @ “ to be good man who has won his opportunity to lead and unify our @ @ @

Bush Calls Election ‘Fair’ and Outcome ‘Clear’
Former President George W. Bush says the American people "can have confidence that this election was fundamentally fair, its integrity will be upheld, and its outcome is clear."
He says in a statement that "no matter how you voted, your vote counted." And Bush says President Donald Trump has the right to request recounts and pursue legal challenges, with any unresolved issues to be "properly adjudicated."
Bush says now is the time when "we must come together for the sake of our families and neighbors, and for our nation and its future."
Bush says he's spoken with Joe Biden and thanked the president-elect for what Bush says was "the patriotic message" in Biden's national address on Saturday night after being declared the election winner.
Bush says in a statement that while he and Biden have political differences, the former president says he knows Biden "to be good man who has won his opportunity to lead and unify our country."


No Dam Trouble

SACRAMENTO , Calif. — Experts and an independent review board agree California ’ s Oroville Dam — which saw a @ @ @ @ @ rain in 2017 — is safe and “ no urgent repairs ” are needed to @ @ @ @ @

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--2020-11-10--British Facebook Users Must Sue Tech Giant in UK, US Judge Rules

SAN FRANCISCO ( CN ) — United Kingdom citizens can not sue Facebook in U.S. court for leaking user data to Cambridge Analytica and other data privacy scandals , despite claims the social network retroactively changed legal forum rules for U.K. users while their lawsuit was pending .
During a virtual hearing Monday , U.S. District Judge Vince Chhabria said he does not believe Facebook foisted new terms on U.K. users to undermine the pending lawsuit .
He rejected the notion that two Facebook users from the United Kingdom could be added as named plaintiffs to an amended class action @ @ @ @ @ @ @ Under those circumstances and given the language in the forum selection clause , it seems to me that it does apply to the new named U.K. plaintiffs , and the result of that is I need to grant the motion to dismiss as to the U.K. plaintiffs , ” Chhabria said .
In May 2018 , Facebook introduced new terms of service for U.K. users requiring them to file all legal claims against the social network in their home countries or Ireland .
The new forum selection clause was not intended to undermine @ @ @ @ @ @ @ but rather to comply with the European Union ’ s General Data Protection Regulation ( GDPR ) , which took effect in May 2018 .
After the new terms were rolled out , one British plaintiff was removed from the U.S. class action and replaced with five new U.K. citizens in a second amended complaint .
But Facebook says because those U.K. users agreed to a new forum selection clause in 2018 , they can no longer sue the social network in U.S. court .
Plaintiffs ’ lawyers counter that the new forum @ @ @ @ @ @ @ filed and pending claims in the U.S. “ What we don ’ t want to allow is for defendants in a class action case to change the operative agreement as to all putative class members and prevent them from having a lawsuit that ’ s already on file , ” plaintiffs ’ attorney Adele Daniel of the firm Keller Rohrback argued in court .
Daniel cited court rulings holding that new named plaintiffs can “ step into the shoes ” of previous named plaintiffs for all purposes .
But Chhabria disagreed , noting @ @ @ @ @ @ @ of limitations expiring , not forum selection .
“ When you ’ re talking about somebody who is actually bringing a lawsuit for the first time , it seems like pure fiction to say they brought the lawsuit when the prior named plaintiff brought the lawsuit , ” the judge said .
Unlike an expiring statute of limitations , U.K. plaintiffs can still sue Facebook in their home countries , Chhabria added .
“ It ’ s not extinguishing the lawsuit on behalf of U.K. plaintiffs , ” Chhabria said .
“ It @ @ @ @ @ @ @ these particular U.K. plaintiffs without interfering with their ability to pursue their lawsuit in the U.K. against Facebook.
” Daniel insisted that U.S. federal court in Northern California is the preferred forum for U.K. plaintiffs because “ Facebook is here .
Evidence is here .
Witnesses are here.
” She also argued that the 2018 forum selection and choice-of-law clause for U.K. users did not apply to lawsuits that predated the agreement , an argument Chhabria rejected .
“ I don ’ t see how you can say that the language does not @ @ @ @ @ @ @ the adoption of this agreement on May 15 , [ 2018 ] , ” the judge said .
Last month , a group called Facebook You Owe Us announced it had filed a lawsuit in the United Kingdom on behalf of 1 million Facebook users in England and Wales over the Cambridge Analytica data privacy scandal .
Facebook has not yet been served with that lawsuit , according to the social network ’ s attorney .
The purported filing of that suit is “ another factor that supports dismissal , ” Facebook lawyer @ @ @ @ @ @ @ argued Monday .
After about 45 minutes of debate , Chhabria said signaled he would grant Facebook ’ s motion to dismiss and that he would issue a written ruling “ shortly.
” The claims against Facebook stem from a series of data privacy scandals that have rocked the social media giant in recent years .
Those scandals include revelations that Cambridge Analytica obtained 87 million users ’ private data through a quiz app , that Facebook-associated apps can obtain the personal data of a user ’ s friends without their express permission @ @ @ @ @ @ @ device makers and business partners without making the arrangement obvious to users .
Last year , Chhabria denied Facebook ’ s motion to dismiss the class action , rejecting the company ’ s argument that users suffered no real-world harm by having their private data exposed and shared with third parties .
“ When you share sensitive information with a limited audience ( especially when you ’ ve made clear that you intend your audience to be limited ) , you retain privacy rights and can sue someone for violating them , ” @ @ @ @ @ @

United Kingdom citizens cannot sue Facebook in U.S. court for leaking user data to Cambridge Analytica and other data privacy scandals, despite claims the social network retroactively changed legal forum rules for U.K. users while their lawsuit was pending.
SAN FRANCISCO (CN) — United Kingdom citizens cannot sue Facebook in U.S. court for leaking user data to Cambridge Analytica and other data privacy scandals, despite claims the social network retroactively changed legal forum rules for U.K. users while their lawsuit was pending.
During a virtual hearing Monday, U.S. District Judge Vince Chhabria said he does not believe Facebook foisted new terms on U.K. users to undermine the pending lawsuit. He rejected the notion that five Facebook users from the United Kingdom could be added as named plaintiffs to an amended class action complaint in U.S. federal court.
“Under those circumstances and given the language in the forum selection clause, it seems to me that it does apply to the new named U.K. plaintiffs, and the result of that is I need to grant the motion to dismiss as to the U.K. plaintiffs,” Chhabria said.
In May 2018, Facebook introduced new terms of service for U.K. users requiring them to file all legal claims against the social network in their home countries or Ireland. The new forum selection clause was not intended to undermine a pending lawsuit, Facebook says, but rather to comply with the European Union’s General Data Protection Regulation (GDPR), which took effect in May 2018.
After the new terms were rolled out, one British plaintiff was removed from the U.S. class action and replaced with five new U.K. citizens in a second amended complaint. But Facebook says because those U.K. users agreed to a new forum selection clause in 2018, they can no longer sue the social network in U.S. court.
Plaintiffs’ lawyers counter that the new forum selection clause does not apply to already filed and pending claims in the U.S.
“What we don’t want to allow is for defendants in a class action case to change the operative agreement as to all putative class members and prevent them from having a lawsuit that’s already on file,” plaintiffs’ attorney Adele Daniel of the firm Keller Rohrback argued in court.
Daniel cited court rulings holding that new named plaintiffs can “step into the shoes” of previous named plaintiffs for all purposes.
“It’s a simple substitution,” she argued.
But Chhabria disagreed, noting that those cases were about the statute of limitations expiring, not forum selection.
“When you’re talking about somebody who is actually bringing a lawsuit for the first time, it seems like pure fiction to say they brought the lawsuit when the prior named plaintiff brought the lawsuit,” the judge said.
Unlike an expiring statute of limitations, U.K. plaintiffs can still sue Facebook in their home countries, Chhabria added.
“It’s not extinguishing the lawsuit on behalf of U.K. plaintiffs,” Chhabria said. “It’s dismissing this particular lawsuit by these particular U.K. plaintiffs without interfering with their ability to pursue their lawsuit in the U.K. against Facebook.”
Daniel insisted that U.S. federal court in Northern California is the preferred forum for U.K. plaintiffs because “Facebook is here. Evidence is here. Witnesses are here.”
She also argued that the 2018 forum selection and choice-of-law clause for U.K. users did not apply to lawsuits that predated the agreement, an argument Chhabria rejected.
“I don’t see how you can say that the language does not apply to disputes that arose prior to the adoption of this agreement on May 15, [2018],” the judge said.
Last month, a group called Facebook You Owe Us announced it had filed a lawsuit in the United Kingdom on behalf of 1 million Facebook users in England and Wales over the Cambridge Analytica data privacy scandal.
Facebook has not yet been served with that lawsuit, according to the social network’s attorney.
The purported filing of that suit is “another factor that supports dismissal,” Facebook lawyer Russell Falconer of Gibson Dunn & Crutcher argued Monday.
After about 45 minutes of debate, Chhabria signaled he would grant Facebook’s motion to dismiss. He issued a two-page order dismissing U.K. plaintiffs from the lawsuit on Tuesday morning.
The claims against Facebook stem from a series of data privacy scandals that have rocked the social media giant in recent years. Those scandals include revelations that Cambridge Analytica obtained 87 million users’ private data through a quiz app, that Facebook-associated apps can obtain the personal data of a user’s friends without their express permission and that Facebook shared user data with device makers and business partners without making the arrangement obvious to users.
Last year, Chhabria denied Facebook’s motion to dismiss the class action, rejecting the company’s argument that users suffered no real-world harm by having their private data exposed and shared with third parties.
“When you share sensitive information with a limited audience (especially when you’ve made clear that you intend your audience to be limited), you retain privacy rights and can sue someone for violating them,” Chhabria wrote in that ruling.


courthousenews--2020-11-10--Ninth Circuit Hears Debate Over Ammo Background Checks

( CN ) — The Ninth Circuit heard arguments Monday on whether to reverse an order finding California ’ s ammunition background check requirement is unconstitutional by the federal judge largely responsible for eviscerating California ’ s overwhelmingly voter-approved gun control measure , Proposition 63 .
In April , U.S. District Judge Roger Benitez , a George W. Bush appointee , blocked California from enforcing the provision in Proposition 63 that requires purchasers to undergo one of two main background checks to confirm they can legally purchase ammunition .
The Ninth Circuit granted an emergency stay of Benitez ’ s @ @ @ @ @ @ @ state Attorney General Xavier Becerra said ammunition vendors — including online sellers — immediately began selling ammunition without performing background checks on purchasers .
Proposition 63 was passed by 63 % of voters in 2016 .
The gun control legislation has been chipped away at by Second Amendment advocates , including the California Rifle & Pistol Association , whose lawsuits challenging the law have ended up in Benitez ’ s court due to an obscure court rule in the federal district in San Diego requiring “ related cases ” be assigned to the @ @ @ @ @ @ @ Ninth Circuit panel considered whether to reverse Benitez ’ s finding that background checks for ammunition purchases are unconstitutional .
Deputy Attorney General Nelson Richards said the two background checks ammunition purchasers can use — standard or basic background checks — work in conjunction .
He said Benitez got it wrong that being rejected under the default “ standard ” background check meant a purchaser was subject to a complete ban on the right to purchase ammunition in California .
“ That ’ s just simply incorrect , ” Richards said when responding @ @ @ @ @ @ @ Patrick Bumatay , a Donald Trump appointee .
“ Someone can always use a basic check to purchase ammunition so long as they pass that basic check … The assumption when someone has a standard check rejected there ’ s been some kind of violation [ is ] an assertion that withstands virtually no scrutiny , ” Richards added .
Richards said the majority of those who are rejected under the standard background check system — which costs $ 1 — is for name and address inconsistencies or because a purchaser has no @ @ @ @ @ @ @ the state .
When asked by Bumatay why the background check process “ isn ’ t onerous , ” Richards noted it ’ s “ the same check people go through to purchase a firearm , which has been around for decades.
” Richards said the background check system has stopped about 100 people a month from illegally purchasing ammunition in California .
“ I think the state has a significant interest in saying ‘ Look , there are hundreds of people — prohibited , dangerous people — being stopped from purchasing ammunition @ @ @ @ @ @ @ the same time , hundreds of thousands of transactions are taking place in a process that costs a dollar and can take a matter of minutes , ’ ” Richards said .
He added : “ There ’ s no real burden here , and if there was , you would have to assess it based on someone ’ s unique situation.
” But Kirkland & Ellis attorney Erin Murphy , representing Olympic medalist skeet shooter Kim Rhode and the California Rifle & Pistol Association , said if California ’ s ammunition background @ @ @ @ @ @ @ pretty close to 100 % ” of those initially denied approval to purchase ammunition under the standard background check would simply “ shift over ” and go through the basic background check process .
Instead , half of those denied under the standard background check never went on to successfully complete a basic background check and legally purchase ammunition , Murphy said .
She said it “ is [ the best evidence ] we have the basic check is unduly burdensome to preclude the exercise of constitutional rights.
” Murphy said the $ @ @ @ @ @ @ @ check , coupled with the waiting period to get approval , was problematic .
She noted “ many a box of ammunition costs $ 10 ” or less with some ammunition only priced at $ 4 a box .
“ So you can essentially pay a 500 % tax and wait to come back multiple days later to get ammunition , ” Murphy said of the basic background check .
But when asked by U.S .
Circuit Judge Paul Watford , a Barack Obama appointee , whether there was evidence the $ 19 @ @ @ @ @ @ @ cost to run the background check , Murphy said no .
“ The basic check is having the effect of deterring one in two Californians who can ’ t use the standard check from proceeding with their purchases of ammunition , ” Murphy said .
When asked by Watford why a waiting period for ammunition is problematic when there ’ s a waiting period to buy a gun , Murphy said it isn ’ t about the state ’ s interest — it ’ s about whether the state ’ s means are @ @ @ @ @ @ @ plenty of other things in place that make it highly unlikely the people they ’ re going after are going to come purchase their ammunition through these types of lawful channels since it is already illegal for them to do so in the first place , ” Murphy said .
U.S .
Circuit Judge Barrington Daniels Parker Jr. , a George W. Bush appointee sitting by designation from the Second Circuit , rounded out the panel , which took the matter under submission .

The Ninth Circuit heard arguments Monday on whether to reverse an order finding California’s ammunition background check requirement is unconstitutional by the federal judge largely responsible for eviscerating California’s overwhelmingly voter-approved gun control measure, Proposition 63.
(CN) — The Ninth Circuit heard arguments Monday on whether to reverse an order finding California’s ammunition background check requirement is unconstitutional by the federal judge largely responsible for eviscerating California’s overwhelmingly voter-approved gun control measure, Proposition 63.
In April, U.S. District Judge Roger Benitez, a George W. Bush appointee, blocked California from enforcing the provision in Proposition 63 that requires purchasers to undergo one of two main background checks to confirm they can legally purchase ammunition.
The Ninth Circuit granted an emergency stay of Benitez’s 120-page order this past May after state Attorney General Xavier Becerra said ammunition vendors — including online sellers — immediately began selling ammunition without performing background checks on purchasers.
Proposition 63 was passed by 63% of voters in 2016. The gun control legislation has been chipped away at by Second Amendment advocates, including the California Rifle & Pistol Association, whose lawsuits challenging the law have ended up in Benitez’s court due to an obscure court rule in the federal district in San Diego requiring “related cases” be assigned to the same judge.
On Monday, a Ninth Circuit panel considered whether to reverse Benitez’s finding that background checks for ammunition purchases are unconstitutional.
Deputy Attorney General Nelson Richards said the two background checks ammunition purchasers can use — standard or basic background checks — work in conjunction. He said Benitez got it wrong that being rejected under the default “standard” background check meant a purchaser was subject to a complete ban on the right to purchase ammunition in California.
“That’s just simply incorrect,” Richards said when responding to questioning by U.S. Circuit Judge Patrick Bumatay, a Donald Trump appointee.
“Someone can always use a basic check to purchase ammunition so long as they pass that basic check … The assumption when someone has a standard check rejected there’s been some kind of violation [is] an assertion that withstands virtually no scrutiny,” Richards added.
Richards said the majority of those who are rejected under the standard background check system — which costs $1 — is for name and address inconsistencies or because a purchaser has no record in the firearms database used by the state.
When asked by Bumatay why the background check process “isn’t onerous,” Richards noted it’s “the same check people go through to purchase a firearm, which has been around for decades.”
Richards said the background check system has stopped about 100 people a month from illegally purchasing ammunition in California.
“I think the state has a significant interest in saying ‘Look, there are hundreds of people — prohibited, dangerous people — being stopped from purchasing ammunition because of this law, while at the same time, hundreds of thousands of transactions are taking place in a process that costs a dollar and can take a matter of minutes,’” Richards said.
He added: “There’s no real burden here, and if there was, you would have to assess it based on someone’s unique situation.”
But Kirkland & Ellis attorney Erin Murphy, representing Olympic medalist skeet shooter Kim Rhode and the California Rifle & Pistol Association, said if California’s ammunition background check system were not burdensome, “pretty close to 100%” of those initially denied approval to purchase ammunition under the standard background check would simply “shift over” and go through the basic background check process.
Instead, half of those denied under the standard background check never went on to successfully complete a basic background check and legally purchase ammunition, Murphy said.
She said it “is [the best evidence] we have the basic check is unduly burdensome to preclude the exercise of constitutional rights.”
Murphy said the $19 cost of performing a basic background check, coupled with the waiting period to get approval, was problematic. She noted “many a box of ammunition costs $10” or less, with some only priced at $4 a box.
“So you can essentially pay a 500% tax and wait to come back multiple days later to get ammunition,” Murphy said of the basic background check.
But when asked by U.S. Circuit Judge Paul Watford, a Barack Obama appointee, whether there was evidence the $19 price tag exceeds the state’s cost to run the background check, Murphy said no.
“The basic check is having the effect of deterring one in two Californians who can’t use the standard check from proceeding with their purchases of ammunition,” Murphy said.
When asked by Watford why a waiting period for ammunition is problematic when there’s a waiting period to buy a gun, Murphy said it isn’t about the state’s interest — it’s about whether the state’s means are suitable.
“The state already has plenty of other things in place that make it highly unlikely the people they’re going after are going to come purchase their ammunition through these types of lawful channels since it is already illegal for them to do so in the first place,” Murphy said.
U.S. Circuit Judge Barrington Daniels Parker Jr., a George W. Bush appointee sitting by designation from the Second Circuit, rounded out the panel, which took the matter under submission.


courthousenews--2020-11-10--California Courts Covid Update

California Courts Covid Update

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