courthousenews--2020-08-28--Immigration Advocates Challenge Visa Ban, Urge Judge to Curb Trump’s Power

WASHINGTON ( CN ) — Immigration attorneys argued for nearly four hours in Washington on Thursday in a case that could decide the fate of thousands of immigrants shut out of the United States during the coronavirus pandemic .
The lawsuit challenges two sweeping presidential proclamations signed by President Donald Trump in April and June that closed the U.S. border to immigrants with few exceptions .
The first proclamation temporarily suspended the issuance of new green cards , while the second shut down the issuance of several types of nonimmigrant visas through the end of 2020 .
The White House @ @ @ @ @ @ @ the high unemployment rate brought on by Covid-19 , but provided no data to support that lower numbers of immigrants would reverse the economic trend .
U.S. District Judge Amit Mehta heard arguments Thursday on a motion for a preliminary injunction filed last month that argued Trump must justify that entry into the country by certain foreign nationals would be “ detrimental to the interests of the United States.
” The Obama appointee asked the government for data to support the finding that nonimmigrant visa holders would displace U.S. workers .
But the @ @ @ @ @ @ @ there was evidence on the record , could not provide any specific information .
Furthermore , the government argued , that type of finding is not necessary under the Supreme Court ruling in Hawaii v. Trump , which upheld the president ’ s travel ban on immigrants from predominantly Muslim countries .
But a lineup of immigration attorneys made the case that the two pandemic-era proclamations do not supersede the thousands of pages of regulatory requirements on visas outlined in the Immigration and Nationality Act .
Immigration attorney Charles Kuck argued the justices @ @ @ @ @ @ @ Trump ’ s so-called travel ban , while the first executive order lacked a valid basis for excluding immigrants .
“ ‘ The President lawfully exercised that discretion based on his findings — following a worldwide , multi-agency review , ’ ” Kuck said , reading from the opinion in Hawaii v. Trump .
“ There are not even any findings here , ” he continued , referring to the recent executive orders .
“ There ’ s somebody ’ s opinion , with no factual basis in the record .
That can @ @ @ @ @ @ @ entire INA.
” The American Immigration Lawyers Association , along with several other immigration advocacy groups , first challenged Trump ’ s blanket order in May on behalf of children granted family-based sponsor visas who were soon to “ age-out ” and lose the ability to receive their visas .
An amended complaint filed last month brought on a host of families , employers and organizations as plaintiffs , among them Diversity Visa applicants and employers sponsoring H-1B nonimmigrant work visas .
Six winners of the 2020 Diversity Visa Lottery risk losing their @ @ @ @ @ @ @ a ruling granting injunctive relief .
“ They have a limited window to come in under those visas , ” immigration attorney Jesse Bless warned , explaining the State Department is required to hand over the visas by the end of the fiscal year on Sep. 30 or the lottery winners will no longer be eligible to immigrate .
Other plaintiffs include Carmen Ligia Pimentel , who was pregnant and sponsored her husband to immigrate from the Dominican Republic , and Nazif Alam , a U.S. permanent resident and essential worker in New @ @ @ @ @ @ @ a master ’ s degree at Cornell University but had her final visa interview canceled .
Seeking clarification on the sought-after relief , Mehta questioned his ability to override the presidential proclamations .
Attorney Geoffrey Forney reassured the judge that the plaintiffs sought an order for the State Department to issue the already approved visas and to fully adjudicate those pending .
The Justice Department , however , claimed the challenge was aimed directly at the proclamations and failed under Trump v. Hawaii .
A trio of government attorneys arguing Trump was well @ @ @ @ @ @ @ claimed operations at consulates around the world are at a virtual standstill .
“ You ’ re not suggesting that all operation was shut down at every consulate that is represented by the various plaintiffs in this case ?
” Mehta asked .
Justice Department attorney Thomas York replied that the State Department had informed him that worldwide only one consulate had returned to full-fledged visa processing .
Only a small exception of visa services deemed “ mission critical ” are currently underway , he added .
The challenge to the proclamations also @ @ @ @ @ @ @ because the process of issuing visas does not amount to a final agency action that can be challenged under the Administrative Procedures Act .
But the judge pushed back on the idea that Trump was well within the scope of presidential authority .
“ ‘ Suspend the entry of ’ — it doesn ’ t say anything about rendering anybody ineligible to receive [ a visa ] , ” Mehta said , after reading from the immigration statute at issue in the case .
The judge also raised the hypothetical of a proclamation @ @ @ @ @ @ @ during a spike in crime rates based on the justification that immigrants commit more crimes than nonimmigrants .
“ Which as I understand it is just not true , ” Mehta said , adding : “ Is there anything a federal judge can say or do in court about that…or is that enough — the president says we ’ ve got to keep crime down , we ’ re going to keep them out and immigrants commit crimes at higher rates ?
” Once again leaning on Trump v. Hawaii , the Justice @ @ @ @ @ @ @ that the entry of certain persons would be detrimental to the interest of Americans would be sufficient .
The immigration attorneys also argued the Trump administration was burdening their clients with new requirements to be eligible for visas when the holdup on visa adjudication ends , a claim the government firmly denied .

Immigration attorneys argued for nearly four hours in Washington on Thursday in a case that could decide the fate of thousands of immigrants shut out of the United States during the coronavirus pandemic.
WASHINGTON (CN) — Immigration attorneys argued for nearly four hours in Washington on Thursday in a case that could decide the fate of thousands of immigrants shut out of the United States during the coronavirus pandemic.
The lawsuit challenges two sweeping presidential proclamations signed by President Donald Trump in April and June that closed the U.S. border to immigrants with few exceptions.
The first proclamation temporarily suspended the issuance of new green cards, while the second shut down the issuance of several types of nonimmigrant visas through the end of 2020.
The White House claimed the move was necessary due to the high unemployment rate brought on by Covid-19, but provided no data to support that lower numbers of immigrants would reverse the economic trend.
U.S. District Judge Amit Mehta heard arguments Thursday on a motion for a preliminary injunction filed last month that argued Trump must justify that entry into the country by certain foreign nationals would be “detrimental to the interests of the United States.”
The Obama appointee asked the government for data to support the finding that nonimmigrant visa holders would displace U.S. workers. But the Justice Department, while assuring the judge there was evidence on the record, could not provide any specific information.
Furthermore, the government argued, that type of finding is not necessary under the Supreme Court ruling in Hawaii v. Trump, which upheld the president’s travel ban on immigrants from predominantly Muslim countries.
But a lineup of immigration attorneys made the case that the two pandemic-era proclamations do not supersede the thousands of pages of regulatory requirements on visas outlined in the Immigration and Nationality Act.
Immigration attorney Charles Kuck argued the justices ultimately ruled on a twice-revised version of Trump’s so-called travel ban, while the first executive order lacked a valid basis for excluding immigrants.
“‘The President lawfully exercised that discretion based on his findings — following a worldwide, multi-agency review,’” Kuck said, reading from the opinion in Hawaii v. Trump.
“There are not even any findings here,” he continued, referring to the recent executive orders. “There’s somebody’s opinion, with no factual basis in the record. That cannot be the basis to override the entire INA.”
The American Immigration Lawyers Association, along with several other immigration advocacy groups, first challenged Trump’s blanket order in May on behalf of children granted family-based sponsor visas who were soon to “age-out” and lose the ability to receive their visas.
An amended complaint filed last month brought on a host of families, employers and organizations as plaintiffs, among them Diversity Visa applicants and employers sponsoring H-1B nonimmigrant work visas.
Six winners of the 2020 Diversity Visa Lottery risk losing their opportunity to come to the U.S. absent a ruling granting injunctive relief.
“They have a limited window to come in under those visas,” immigration attorney Jesse Bless warned, explaining the State Department is required to hand over the visas by the end of the fiscal year on Sep. 30 or the lottery winners will no longer be eligible to immigrate.
Other plaintiffs include Carmen Ligia Pimentel, who was pregnant and sponsored her husband to immigrate from the Dominican Republic, and Nazif Alam, a U.S. permanent resident and essential worker in New York whose wife had planned to pursue a master’s degree at Cornell University but had her final visa interview canceled.
Seeking clarification on the sought-after relief, Mehta questioned his ability to override the presidential proclamations.
Attorney Geoffrey Forney reassured the judge that the plaintiffs sought an order for the State Department to issue the already approved visas and to fully adjudicate those pending.
The Justice Department, however, claimed the challenge was aimed directly at the proclamations and failed under Trump v. Hawaii.
A trio of government attorneys arguing Trump was well within the power of his office also claimed operations at consulates around the world are at a virtual standstill.
“You're not suggesting that all operation was shut down at every consulate that is represented by the various plaintiffs in this case?” Mehta asked.
Justice Department attorney Thomas York replied that the State Department had informed him that worldwide only one consulate had returned to full-fledged visa processing.
Only a small exception of visa services deemed “mission critical” are currently underway, he added.
The challenge to the proclamations also lacked standing, the government argued, because the process of issuing visas does not amount to a final agency action that can be challenged under the Administrative Procedures Act.
But the judge pushed back on the idea that Trump was well within the scope of presidential authority.
“‘Suspend the entry of’ — it doesn’t say anything about rendering anybody ineligible to receive [a visa],” Mehta said, after reading from the immigration statute at issue in the case.
The judge also raised the hypothetical of a proclamation to keep immigrants out of the country during a spike in crime rates based on the justification that immigrants commit more crimes than nonimmigrants.
“Which as I understand it is just not true,” Mehta said, adding: “Is there anything a federal judge can say or do in court about that...or is that enough — the president says we’ve got to keep crime down, we’re going to keep them out and immigrants commit crimes at higher rates?”
Once again leaning on Trump v. Hawaii, the Justice Department said a finding by the president that the entry of certain persons would be detrimental to the interest of Americans would be sufficient.
The immigration attorneys also argued the Trump administration was burdening their clients with new requirements to be eligible for visas when the holdup on visa adjudication ends, a claim the government firmly denied.


LGBT Foster Kids

OAKLAND , Calif. — The Trump administration removed requirements to report data on the sexual orientation of foster children aged @ @ @ @ @ good reason and to the detriment of the foster care system , tribal groups and @ @ @ @ @ a lawsuit filed Thursday .

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.


Airbnb Lawsuit

ALBANY , N.Y. — A married couple filed a $ 2 million lawsuit against Airbnb in New York Supreme Court @ @ @ @ @ website does not clearly outline cancellation policies .
The couple planned a 30-day stay in @ @ @ @ @ have the host cancel their reservation days before the trip .


courthousenews--2020-08-27--California Supreme Court Rules Financial Status Must Be Considered for Bail

( CN ) — Trial courts across California may be required to consider a person ’ s ability to pay when setting bail after the state ’ s high court late Wednesday bolstered the landmark opinion in a case challenging the constitutionality of the state ’ s cash bail and pretrial detention system .
California ’ s First District Court of Appeal made waves in 2018 when it ruled that Kenneth Humphrey ’ s $ 350,000 bail was unconstitutional .
The appellate court said a San Francisco judge failed to fully consider Humphrey ’ s financial resources and neglected to @ @ @ @ @ @ @ — whose initial bail was $ 600,000 after being accused of robbing his elderly neighbor and a $ 7 cologne bottle in 2017 — was granted a new bail hearing .
On Wednesday , the California Supreme Court made binding to trial courts part of the opinion barring judges from relying on bail schedules , which the high court said violates the due process rights of low-income people who are arrested for felonies in the state .
The published appellate court opinion had been stripped of its “ binding or precedential effect ” @ @ @ @ @ @ @ the case two years ago .
Final resolution of the Humphrey case is pending .
In a letter to the California Supreme Court last week , Attorney General Xavier Becerra supported a motion by one of Humphrey ’ s attorneys asking that precedential effect be restored to the appellate court opinion .
“ In making bail determinations , trial courts across California must now take into account individual circumstances and the person ’ s ability to pay .
Bottom line : this is a critical step forward for fairness in our bail system @ @ @ @ @ @ @ he supports a system that weighs pretrial detention with a person ’ s ability to pay bail .
The court ’ s Chief Justice Tani Cantil-Sakauye has previously voiced support for bail reform , saying in a 2017 report the current model “ unnecessarily compromises victim and public safety ” and that courts should instead comprehensively assess a person ’ s condition when setting bail .
“ A pretrial system that relies exclusively on the financial resources of the accused is inherently unsafe and unfair , ” the report said .
“ The @ @ @ @ @ @ @ structure are to maintain public safety and to ensure that defendants appear in court while treating people fairly .
However , use of a monetary bail system compromises public safety because release is not premised on the risk posed by a defendant.
” Pretrial data in the U.S. show 61 % of the country ’ s inmates have not been convicted — and 64 % of California ’ s inmates are awaiting arraignment , trial or sentencing .
California ’ s bail industry is working to upend bail reform efforts such as Senate @ @ @ @ @ @ @ 2018 which replaces bail with a system based on risk assessments that gives judges broader authority over release .
To survive , the bill must contend with both a referendum to repeal it and the bail industry ’ s ballot initiative to grant constitutional protection for the right to bail through a bail bonds agent .
On Tuesday , California Governor Gavin Newsom announced his support for Proposition 25 , a November ballot measure to enact SB 10 , which was set to take effect Oct. 1 , 2019 .
A pretrial risk-assessment @ @ @ @ @ @ @ in a person ’ s background , including current charges , prior convictions and their court attendance records , which then determines a risk level based on those factors .
State Senator Bob Hertzberg , the Democrat who co-authored the bill , applauded Newsom ’ s support Tuesday and said in a statement the bail industry wants to obliterate SB 10 .
“ Californians will not be swayed by a for-profit industry spending millions of dollars to protect a system of money bail that takes away peoples ’ liberty just because they don @ @ @ @ @ @ @ pocket , ” Hertzberg said .

Trial courts across California may be required to consider a person’s ability to pay when setting bail after the state’s high court late Wednesday bolstered the landmark opinion in a case challenging the constitutionality of the state’s cash bail and pretrial detention system.
(CN) — Trial courts across California may be required to consider a person’s ability to pay when setting bail after the state’s high court late Wednesday bolstered the landmark opinion in a case challenging the constitutionality of the state’s cash bail and pretrial detention system.
California’s First District Court of Appeal made waves in 2018 when it ruled that Kenneth Humphrey’s $350,000 bail was unconstitutional.
The appellate court said a San Francisco judge failed to fully consider Humphrey’s financial resources and neglected to explore alternatives to money bail.
Humphrey — whose initial bail was $600,000 after being accused of robbing his elderly neighbor and a $7 cologne bottle in 2017 — was granted a new bail hearing.
On Wednesday, the California Supreme Court made binding to trial courts part of the opinion barring judges from relying on bail schedules, which the high court said violates the due process rights of low-income people who are arrested for felonies in the state.
The published appellate court opinion had been stripped of its “binding or precedential effect” when the Supreme Court granted review of the case two years ago.
The Supreme Court’s action Wednesday reverses that effect.
Final resolution of the Humphrey case is pending.
In a letter to the California Supreme Court last week, Attorney General Xavier Becerra supported a motion by one of Humphrey’s attorneys asking that precedential effect be restored to the appellate court opinion.
Becerra applauded the court’s ruling in a statement Thursday.
“In making bail determinations, trial courts across California must now take into account individual circumstances and the person’s ability to pay. Bottom line: this is a critical step forward for fairness in our bail system,” Becerra said, adding that he supports a system that weighs pretrial detention with a person’s ability to pay bail.
The court’s Chief Justice Tani Cantil-Sakauye has previously voiced support for bail reform, saying in a 2017 report the current model “unnecessarily compromises victim and public safety” and that courts should instead comprehensively assess a person’s condition when setting bail.
“A pretrial system that relies exclusively on the financial resources of the accused is inherently unsafe and unfair,” the report said. “The primary goals of an effective pretrial release structure are to maintain public safety and to ensure that defendants appear in court while treating people fairly. However, use of a monetary bail system compromises public safety because release is not premised on the risk posed by a defendant.”
Pretrial data in the U.S. show 61% of the country’s inmates have not been convicted — and 64% of California’s inmates are awaiting arraignment, trial or sentencing.
California’s bail industry is working to upend bail reform efforts such as Senate Bill 10, a law passed in 2018 which replaces bail with a system based on risk assessments that gives judges broader authority over release.
To survive, the bill must contend with both a referendum to repeal it and the bail industry’s ballot initiative to grant constitutional protection for the right to bail through a bail bonds agent.
On Tuesday, California Governor Gavin Newsom announced his support for Proposition 25, a November ballot measure to enact SB 10, which was set to take effect Oct. 1, 2019.
A pretrial risk-assessment tool included in the bill weighs factors in a person’s background, including current charges, prior convictions and their court attendance records, which then determines a risk level based on those factors.
State Senator Bob Hertzberg, the Democrat who co-authored the bill, applauded Newsom’s support Tuesday and said in a statement the bail industry wants to obliterate SB 10.
“Californians will not be swayed by a for-profit industry spending millions of dollars to protect a system of money bail that takes away peoples’ liberty just because they don’t have enough money in their pocket,” Hertzberg said.


courthousenews--2020-08-28--Officer Charged With Aiding Murder of George Floyd Files Motion to Dismiss

MINNEAPOLIS , Minn. ( CN ) — One of the four former Minneapolis police officers charged for the death of George Floyd has filed a motion to dismiss the charges against him and asked that his case be heard outside of the Twin Cities metro .
Thomas Plunkett , who represents J. Alexander Kueng , filed a motion to dismiss on Thursday alongside one for a change of venue outside the seven-county metro area .
Kueng was one of two rookie officers who first arrested Floyd and helped senior officer Derek Chauvin hold Floyd down just before his death on @ @ @ @ @ @ @ of the three former officers charged with aiding and abetting second-degree murder and manslaughter in connection with Floyd ’ s death to file a motion to dismiss .
Attorneys for Kueng ’ s fellow rookie Thomas Lane and senior officer Tou Thao , who held a crowd of bystanders away from Chauvin while he knelt on Floyd ’ s neck for several minutes , both filed motions to dismiss in July .
No such motion has yet been filed for Chauvin .
In the motion to dismiss , Plunkett argued that as a @ @ @ @ @ @ @ to question Chauvin ’ s judgment in restraining Floyd .
“ There is no evidence that Kueng knew Chauvin was going to commit a crime at the time , ” he wrote .
“ When asked by Lane if they should roll Floyd onto his stomach to avoid excited delirium , Chauvin said they should not , twice… .
Chauvin , based on his assessment at the time , believed he was using reasonable force against a suspect , who was high and had resisted arrest .
Kueng could not intentionally aid and @ @ @ @ @ @ @ know was criminal.
” He also pointed to toxicology reports that found that Floyd had fentanyl in his system and had recently consumed methamphetamine , arguing that drug use and ongoing health issues , not Chauvin ’ s decision to kneel on Floyd ’ s neck for over nine minutes , had caused his death .
In the change-of-venue motion , Plunkett argued that continuous press coverage and prejudicial statements by state officials had reduced the likelihood of a fair trial in the metro area .
“ There are in excess of 1700 @ @ @ @ @ @ @ Many of the articles stem from comments from the State of Minnesota and is [ sic ] several State actors .
The State ’ s actions have stripped Mr. Kueng ’ s rights to a fair trial , ” Plunkett wrote .
He suggested a move to Stearns County District Court in St .
Cloud , a city of 68,000 people about 70 miles north of the Twin Cities .
Plunkett declined to comment further on his motions .
Both are scheduled to be discussed at an omnibus hearing on Sept. 11 , @ @ @ @ @ @ @ three other officers and a wide variety of procedural and discovery motions .
Trials for all four officers , beginning with Chauvin , are tentatively scheduled to start in March .
The possibility of a change of venue in the cases against Kueng , Chauvin and fellow officers Tou Thao and Thomas Lane has been floated before .
Judge Peter Cahill warned at the officers ’ first hearing in late June that ongoing discussion of the case by related parties could result in a tainted jury pool , and mulled the possibility of @ @ @ @ @ @ @ if the parties and others including Floyd ’ s family continued speaking publicly on the cases .
That gag order came and went a few weeks later , with Cahill acknowledging that it had not succeeded in quelling discussion of the cases .
The officers ’ attorneys found common cause with a coalition of media outlets in their opposition to the order , for which prosecutors mounted only what Assistant Attorney General Matthew Frank called a “ tepid ” defense .
Concerns about press coverage ’ s potential to taint a jury also @ @ @ @ @ @ @ to publicly release body camera footage of Floyd ’ s arrest , which Cahill ultimately opted to release publicly after requests to do so from the media coalition and attorneys for the officers and a partial leak by British tabloid The Daily Mail .
Footage taken from Lane , Kueng and Thao ’ s cameras was made public after a period where Lane and Kueng ’ s footage was made available only for by-appointment , in-person , socially-distant viewing on court computers , a measure that the media coalition argued was overly restrictive @ @ @ @ @ @ @ jury by providing an incomplete picture of the arrest .

One of the four former Minneapolis police officers charged for the death of George Floyd has filed a motion to dismiss the charges against him and asked that his case be heard outside of the Twin Cities metro.
MINNEAPOLIS, Minn. (CN) — One of the four former Minneapolis police officers charged for the death of George Floyd has filed a motion to dismiss the charges against him and asked that his case be heard outside of the Twin Cities metro.
Thomas Plunkett, who represents J. Alexander Kueng, filed a motion to dismiss on Thursday alongside one for a change of venue outside the seven-county metro area. Kueng was one of two rookie officers who first arrested Floyd and helped senior officer Derek Chauvin hold Floyd down just before his death on May 25.
Kueng is the last of the three former officers charged with aiding and abetting second-degree murder and manslaughter in connection with Floyd’s death to file a motion to dismiss. Attorneys for Kueng’s fellow rookie Thomas Lane and senior officer Tou Thao, who held a crowd of bystanders away from Chauvin while he knelt on Floyd’s neck for several minutes, both filed motions to dismiss in July. No such motion has yet been filed for Chauvin.
In the motion to dismiss, Plunkett argued that as a junior officer, Kueng had no reason to question Chauvin’s judgment in restraining Floyd.
“There is no evidence that Kueng knew Chauvin was going to commit a crime at the time,” he wrote. “When asked by Lane if they should roll Floyd onto his stomach to avoid excited delirium, Chauvin said they should not, twice…. Chauvin, based on his assessment at the time, believed he was using reasonable force against a suspect, who was high and had resisted arrest. Kueng could not intentionally aid and abet an act that he did not know was criminal.”
He also pointed to toxicology reports that found that Floyd had fentanyl in his system and had recently consumed methamphetamine, arguing that drug use and ongoing health issues, not Chauvin’s decision to kneel on Floyd’s neck for over nine minutes, had caused his death.
In the change-of-venue motion, Plunkett argued that continuous press coverage and prejudicial statements by state officials had reduced the likelihood of a fair trial in the metro area.
“There are in excess of 1700 local articles focusing on this prosecution. Many of the articles stem from comments from the State of Minnesota and is [sic] several State actors. The State’s actions have stripped Mr. Kueng’s rights to a fair trial,” Plunkett wrote.
He suggested a move to Stearns County District Court in St. Cloud, a city of 68,000 people about 70 miles north of the Twin Cities.
Plunkett declined to comment further on his motions. Both are scheduled to be discussed at an omnibus hearing on Sept. 11, alongside motions to dismiss charges against all three other officers and a wide variety of procedural and discovery motions. Trials for all four officers, beginning with Chauvin, are tentatively scheduled to start in March.
The possibility of a change of venue in the cases against Kueng, Chauvin and fellow officers Tou Thao and Thomas Lane has been floated before. Judge Peter Cahill warned at the officers’ first hearing in late June that ongoing discussion of the case by related parties could result in a tainted jury pool, and mulled the possibility of a gag order or change of venue if the parties and others including Floyd’s family continued speaking publicly on the cases.
That gag order came and went a few weeks later, with Cahill acknowledging that it had not succeeded in quelling discussion of the cases. The officers’ attorneys found common cause with a coalition of media outlets in their opposition to the order, for which prosecutors mounted only what Assistant Attorney General Matthew Frank called a “tepid” defense.
Concerns about press coverage’s potential to taint a jury also arose in discussions on whether and how to publicly release body camera footage of Floyd’s arrest, which Cahill ultimately opted to release publicly after requests to do so from the media coalition and attorneys for the officers and a partial leak by British tabloid The Daily Mail.
Footage taken from Lane, Kueng and Thao’s cameras was made public after a period where Lane and Kueng’s footage was made available only for by-appointment, in-person, socially-distant viewing on court computers, a measure that the media coalition argued was overly restrictive of the press and could prejudice a jury by providing an incomplete picture of the arrest.


courthousenews--2020-08-28--Navaho Tribe Members Sue Arizona Over Concerns of Slow Mail-In Ballots

TUCSON , Ariz. ( CN ) — An Election Day deadline for mailed ballots in Arizona is an unconstitutional burden on Navajo tribe members , many of whom live in remote areas with spotty , slow mail service , six tribe members said in a federal lawsuit .
Mail from some Navajo Nation communities can take 10 days to reach county recorder ’ s offices , where ballots must be received by Election Day , putting a squeeze on Navajo voters that people in other parts of the state don ’ t face , according to the lawsuit filed Wednesday @ @ @ @ @ @ @ Katie Hobbs as the sole defendant .
“ Plaintiffs have fewer days to cast their ballot if they ( vote by mail ) in comparison to non-Indian voters who utilize the ( vote-by-mail ) ballot due to slower postal service when compared to affluent areas like Scottsdale , Arizona , ” according to the lawsuit , which lists several examples of mail times .
First class mail from Pinon , Arizona to the Navajo County recorder ( 107 miles ) took six days .
Teec Nos Pos to the Apache County recorder ( @ @ @ @ @ @ @ .
Mail from Dinnehotso took 10 days .
By comparison , mail sent from Scottsdale , an upscale Phoenix suburb , took fewer than 18 hours to reach the Maricopa County recorder , the lawsuit says .
Mail from Teec Nos Pos travels 917 miles to get to the recorder vs. 35 miles for largely white Scottsdale , the lawsuit says .
Although Hobbs understands the tribe members ’ concerns , the deadline is set by state law , she said in an emailed statement .
The state is focusing outreach on areas @ @ @ @ @ @ @ consistent mail service .
“ Under the current circumstances , we have to make sure voters are aware of the options available to them .
This includes returning a ballot-by-mail as soon as possible or taking it to a secure dropbox or a voting location , ” Hobbs said .
Her office will abide by any court ruling , she said .
As the Covid-19 pandemic lingers across the nation , mail-in voting is at an all-time high , putting an extra burden on postal and election officials scrambling to figure out how @ @ @ @ @ @ @ ballots .
“ Voting by mail systems rest upon the premise that all citizens have equal mail service , however , hundreds of thousands of rural Americans have non-standard mail service burdened with a range of service limits , ” the Navajo members argue .
The 28-page complaint asks for a temporary or permanent injunction requiring the secretary of state to count any ballots postmarked by Election Day .
The Navajo Nation covers 14 million acres across New Mexico , Utah and Arizona .
More than 101,000 of the tribe ’ s 174,000 @ @ @ @ @ @ @ and more than 67,000 Arizona tribe members are over 18 , according to the lawsuit .

An Election Day deadline for mailed ballots in Arizona is an unconstitutional burden on Navajo tribe members, many of whom live in remote areas with spotty, slow mail service, six tribe members said in a federal lawsuit.
TUCSON, Ariz. (CN) — An Election Day deadline for mailed ballots in Arizona is an unconstitutional burden on Navajo tribe members, many of whom live in remote areas with spotty, slow mail service, six tribe members said in a federal lawsuit.
Mail from some Navajo Nation communities can take 10 days to reach county recorder’s offices, where ballots must be received by Election Day, putting a squeeze on Navajo voters that people in other parts of the state don’t face, according to the lawsuit filed Wednesday, which names Arizona Secretary of State Katie Hobbs as the sole defendant.
“Plaintiffs have fewer days to cast their ballot if they (vote by mail) in comparison to non-Indian voters who utilize the (vote-by-mail) ballot due to slower postal service when compared to affluent areas like Scottsdale, Arizona,” according to the lawsuit, which lists several examples of mail times.
First class mail from Pinon, Arizona to the Navajo County recorder (107 miles) took six days. Teec Nos Pos to the Apache County recorder (211 miles) also took six days. Mail from Dinnehotso took 10 days. By comparison, mail sent from Scottsdale, an upscale Phoenix suburb, took fewer than 18 hours to reach the Maricopa County recorder, the lawsuit says.
Mail from Teec Nos Pos travels 917 miles to get to the recorder vs. 35 miles for largely white Scottsdale, the lawsuit says.
Although Hobbs understands the tribe members’ concerns, the deadline is set by state law, she said in an emailed statement. The state is focusing outreach on areas of Arizona that don’t have consistent mail service.
“Under the current circumstances, we have to make sure voters are aware of the options available to them. This includes returning a ballot-by-mail as soon as possible or taking it to a secure dropbox or a voting location,” Hobbs said.
Her office will abide by any court ruling, she said.
As the Covid-19 pandemic lingers across the nation, mail-in voting is at an all-time high, putting an extra burden on postal and election officials scrambling to figure out how to deal with hundreds of millions of ballots.
“Voting by mail systems rest upon the premise that all citizens have equal mail service, however, hundreds of thousands of rural Americans have non-standard mail service burdened with a range of service limits,” the Navajo members argue.
The 28-page complaint asks for a temporary or permanent injunction requiring the secretary of state to count any ballots postmarked by Election Day.
The Navajo Nation covers 14 million acres across New Mexico, Utah and Arizona. More than 101,000 of the tribe’s 174,000 members live in three Arizona counties, and more than 67,000 Arizona tribe members are over 18, according to the lawsuit.


courthousenews--2020-08-28--Trump Accepts GOP Nomination While Criticizing Biden

( CN ) — An abnormal and crisis-clouded Republican Convention came to an end on Thursday night as orators double-downed on “ law and order ” as President Donald Trump accepted the party ’ s re-nomination on the lawn of the White House .
The final night of the convention , titled “ Land of Greatness , ” was intended to highlight “ America ’ s long history of greatness , how President Trump is restoring that greatness , and how he will keep fighting for it in a second term.
” Senate Majority Leader Mitch McConnell , former New @ @ @ @ @ @ @ and Urban Development Secretary Ben Carson were among the GOP stars to applaud Trump on Thursday for moves that include his handling of race issues .
“ One of the first things he did as president was bring the Office of Historically Black Colleges and Universities into the White House so that it could get proper attention and financial support .
Before the pandemic , African American unemployment was at an all-time low , ” Carson said .
He added that President Trump does not “ dabble in identity politics , ” Rather @ @ @ @ @ @ @ everyone to succeed and believes in the adage , ‘ a rising tide lifts all boats.
’ ” “ Many on the other side love to incite division by claiming that President Trump is a racist .
They could not be more wrong , ” he added .
Trump has been criticized for his portrayal of equality protesters as “ anarchists.
” Recent polling finds that Americans believe the president is doing little to improve race relations .
A Fox News poll released in August found more people trusted Democratic candidate Joe Biden @ @ @ @ @ @ @ 53 % to 34 % .
“ Your vote will decide whether we protect law-abiding Americans or whether we give free rein to violent anarchists , agitators and criminals who threaten our citizens , ” Trump said in his acceptance speech .
“ And this election will decide whether we will defend the American way of life or whether we allow a radical movement to completely dismantle and destroy it.
” “ The problem we have right now is that we are in Donald Trump ’ s America , ” Biden said in @ @ @ @ @ @ @ He views this as a political benefit to him , he is rooting for more violence , not less .
He is pouring gasoline on the fire.
” Alongside Pat Lynch , the head of New York City ’ s Police Benevolent Association , the prominent speakers slammed Biden for an alleged disdain of law enforcement .
“ Like cops across this country , we are staring down the barrel of a public safety disaster .
More than one thousand people have been shot and three hundred killed in New York City so @ @ @ @ @ @ @ .
According to Lynch , Democrats in power are shunning law enforcement and passing laws that he says are making it hard for officers to do their jobs .
His comments come two days after a 17-year-old white Illinois resident allegedly shot and killed two Black Lives Matter protesters during a demonstration over the police shooting of Jacob Blake in Kenosha , Wisconsin .
“ Donald Trump has failed at the most basic and important job of a president of the United States : He failed to protect the American people , plain @ @ @ @ @ @ @ running mate Senator Kamala Harris said in a counter-programming speech .
Kentucky Senator Mitch McConnell on Thursday warned viewers that Democrats did not want to “ improve life in America , ” adding that they “ want to tell you what kind of car you can drive .
What information you can consume .
Even how many hamburgers you can eat.
” In July , sparked by Black Lives Matter protests against the killing of George Floyd and against systemic police brutality , Biden referred to Trump as America ’ s first racist @ @ @ @ @ @ @ Ivanka Trump joined the RNC on Thursday to dub Biden “ another empty vessel who will do whatever the media and the fringe of his party demands.
” President Trump accepted his party ’ s nomination from the White House lawn on Thursday , prompting criticism from those who say the move violates the Hatch Act .
“ This is not normal ; this is not okay .
Yes , the pandemic means that conventions have to scramble to do things a little differently this year , but you do not hold political @ @ @ @ @ @ @ Steven Greene , a political science professor at NC State University , told Courthouse News over email Thursday night .
Apparently sticking to the script during his acceptance speech , Trump repeated his claim that he has done more than any other president to address issues of systemic racism that have sparked nationwide protests .
The president attacked Biden at several points in his speech , claiming that the former vice president would “ destroy ” the country .
“ Joe Biden is not the savior of America ’ s soul , ” @ @ @ @ @ @ @ destroyer of America ’ s jobs , and if given the chance , he will be the destroyer of America ’ s greatness.
” He also lauded his administration ’ s response to the deadly coronavirus pandemic .
“ In recent months , our nation and the entire planet has been struck by a new and powerful invisible enemy .
Like those brave Americans before us , we are meeting this challenge , ” he said .
“ We are delivering life saving therapies and will produce a vaccine before the end of @ @ @ @ @ @ @ ” Trump derided Biden for his comment on being willing to shut down the country if necessary to combat the pandemic .
“ The cost of the Biden shutdown would be measured in increased drug overdoses , depression , alcohol addiction , suicides , heart attacks , economic devastation , job loss , into much more , ” Trump said .
“ Joe Biden ’ s plan is not a solution to the virus , but rather it is a surrender to the virus.
” The president has been contradicted by White House @ @ @ @ @ @ @ timeline of a potential vaccine , saying 2021 would be the earliest the U.S. could see one .
Trump told convention viewers his efforts to fight the virus derived from “ the science , the facts and the data , ” despite most claims from the scientific community pointing to the contrary .
Dan Scavino , White House Deputy Chief of Staff for Communications said to viewers “ If there is one thing I hope you will hear from me tonight , it is this — President Trump is a kind and decent @ @ @ @ @ @ @ at his side with me to see his endless kindness to everyone he meets.
” “ The Republicans achieved their goal with the convention , ” Eric Heberlig , a political science professor at the University of North Carolina Charlotte , told Courthouse News .
“ They consistently touted President Trump ’ s accomplishments , particularly those they thought would appeal to African American and female voters , and simultaneously gave plenty of forceful appeals to their party base , made sure we saw the American flag , denounced China and drew clear @ @ @ @ @ @ @ out the convention , Trump mentioned Hurricane Laura , which tore across the Gulf Coast earlier on Thursday , killing six people .
Telling the convention that he will visit the impacted area this weekend , Trump said his thoughts are with the “ wonderful people who have just come through the wrath of Hurricane Laura.
” “ We are so used to breaking President Trump breaking all kinds of norms that it can be a little too easy to let each new one pass .
But , regardless of the content of @ @ @ @ @ @ @ is pretty much a greatest hits collection– the Socialist Democrats will ruin everything and criminals and illegal immigrants will overrun the streets ) , the most important take-away is that it is not okay to use the White House as a blatant political prop , ” Greene told Courthouse News in an email interview on Thursday .
“ Sadly , though , like so much breaking of norms which keep our democracy this will likely fall by the wayside with little fanfare , ” Greene added .

An abnormal and crisis-clouded Republican Convention came to an end on Thursday night as orators double-downed on “law and order” as President Donald Trump accepted the party’s re-nomination on the lawn of the White House.
(CN) — An abnormal and crisis-clouded Republican Convention came to an end on Thursday night as orators double-downed on “law and order” as President Donald Trump accepted the party’s re-nomination on the lawn of the White House.
The final night of the convention, titled “Land of Greatness,” was intended to highlight “America’s long history of greatness, how President Trump is restoring that greatness, and how he will keep fighting for it in a second term.”
Senate Majority Leader Mitch McConnell, former New York City Mayor Rudy Giuliani and Housing and Urban Development Secretary Ben Carson were among the GOP stars to applaud Trump on Thursday for moves that include his handling of race issues.
"One of the first things he did as president was bring the Office of Historically Black Colleges and Universities into the White House so that it could get proper attention and financial support. Before the pandemic, African American unemployment was at an all-time low,” Carson said.
He added that President Trump does not “dabble in identity politics,” Rather, Carson said, “He wants everyone to succeed and believes in the adage, 'a rising tide lifts all boats.'”
“Many on the other side love to incite division by claiming that President Trump is a racist. They could not be more wrong,” he added.
Trump has been criticized for his portrayal of equality protesters as “anarchists.” Recent polling finds that Americans believe the president is doing little to improve race relations. A Fox News poll released in August found more people trusted Democratic candidate Joe Biden over Trump on handling race relations, 53% to 34%.
“Your vote will decide whether we protect law-abiding Americans or whether we give free rein to violent anarchists, agitators and criminals who threaten our citizens," Trump said in his acceptance speech. "And this election will decide whether we will defend the American way of life or whether we allow a radical movement to completely dismantle and destroy it.”
“The problem we have right now is that we are in Donald Trump’s America,” Biden said in a Thursday interview on MSNBC. “He views this as a political benefit to him, he is rooting for more violence, not less. He is pouring gasoline on the fire.”
Alongside Pat Lynch, the head of New York City’s Police Benevolent Association, the prominent speakers slammed Biden for an alleged disdain of law enforcement.
“Like cops across this country, we are staring down the barrel of a public safety disaster. More than one thousand people have been shot and three hundred killed in New York City so far this year,” Lynch said.
According to Lynch, Democrats in power are shunning law enforcement and passing laws that he says are making it hard for officers to do their jobs.
His comments come two days after a 17-year-old white Illinois resident allegedly shot and killed two Black Lives Matter protesters during a demonstration over the police shooting of Jacob Blake in Kenosha, Wisconsin.
“Donald Trump has failed at the most basic and important job of a president of the United States: He failed to protect the American people, plain and simple,” Biden's running mate Senator Kamala Harris said in a counter-programming speech.
Kentucky Senator Mitch McConnell on Thursday warned viewers that Democrats did not want to “improve life in America,” adding that they “want to tell you what kind of car you can drive. What information you can consume. Even how many hamburgers you can eat."
In July, sparked by Black Lives Matter protests against the killing of George Floyd and against systemic police brutality, Biden referred to Trump as America’s first racist president.


courthousenews--2020-08-28--Feds in Portland Now Unrestrained in Removing Journalists at Protests

( CN ) — Federal agents will no longer be restrained from assaulting and arresting journalists when dispersing protesters in Portland , Oregon after the Ninth Circuit temporarily stayed a lower court order that the judges said lacked clarity in the visible identification it required journalists to wear .
In a split ruling , two judges on a three-judge panel issued a temporary stay on Thursday , finding that U.S. District Judge Michael Simon ’ s 61-page injunction was overly broad and lacked clarity .
The majority , both of whom were appointed by President Donald Trump , wrote that @ @ @ @ @ @ @ harm ” from the ruling , and that it was likely correct when it argued that journalists can ’ t be exempt from orders to disperse that the general public must follow .
Judge Margaret McKeown dissented .
The Bill Clinton appointee wrote that she would have kept Simon ’ s injunction in place .
The government had asked the Ninth Circuit for an emergency stay , but McKeown found that the government hadn ’ t shown an emergency , given that a restraining order with virtually the same terms had been in @ @ @ @ @ @ @ issued his injunction .
According to the website for the Ninth Circuit Court of Appeals , three-judge panels for motions like the one filed by the government in this case are being heard this month by McKeown , Judge Barry Silverman , who was also appointed by Clinton , and Judge Daniel Bress , a Trump appointee .
But in an unusual move , Judge Eric Miller , a Trump appointee , apparently subbed in for Silverman .
Federal agents are still in Portland .
The Department of Homeland Security called the idea @ @ @ @ @ @ @ and withdrawing ” a “ myth.
” “ There has been no reduction in federal presence ; federal law enforcement officers remain in Portland at augmented levels .
Reports and implications to the contrary are irresponsible and dishonest , ” the department said in an Aug. 4 press release .
Unlike their outsized presence in July , federal agents have mostly been out of sight since Gov .
Kate Brown brokered a deal with Chad Wolf , acting secretary for the U.S. Department of Homeland Security , to have Oregon State Police guard @ @ @ @ @ @ @ .
But over the last week , federal agents have again been cracking down on protests when they are centered around federal buildings like those occupied by Immigration and Customs Enforcement .
In a proposed class action lawsuit , journalists and legal observers initially sued local police , claiming they were targeting them for arrest and assault simply for doing their jobs .
Portland police agreed on July 16 to rules allowing journalists and legal observers to remain in an area declared closed in order to observe and report on arrests that followed @ @ @ @ @ @ @ Shortly after President Trump sent federal agents to Portland under Operation Diligent Valor , U.S. District Judge Michael Simon let the journalists and legal observers add federal agents with the U.S. Department of Homeland Security , the U.S .
Marshals Service , Customs and Border Control and Federal Protective Services as defendants in the case .
Judge Simon entered and extended a temporary restraining order barring federal agents from assaulting and arresting journalists and legal observers .
And on Aug. 20 , Simon made his restraining order more permanent , issuing a preliminary @ @ @ @ @ @ @ agents wear unique identifying numbers .
Dozens of journalists and legal observers have filed declarations in the case , documenting instances where they say federal agents targeted them for assault , even though they were clearly marked as professionals and couldn ’ t have been mistaken for protesters .
Over a dozen of those incidents happened after Judge Simon ’ s restraining order was in place , according to declarations .
In hearings in the case , Simon said the question of whether journalists can be allowed to remain after police or federal @ @ @ @ @ @ @ a question likely to end up before the U.S. Supreme Court .
He said the idea raised the question of whether journalists are allowed to continue to exercise their First Amendment right to observe and report government actions after police have ordered the dispersal of members of the general public who are themselves in the act of exercising their First Amendment right to protest .
In his ruling , however , Simon determined that the issue was not properly at hand .
He found that federal agents in Portland lack authority to declare @ @ @ @ @ @ @ s streets , and that they aren ’ t even asserting that right in their claims .
And he noted local police have already stipulated to an injunction saying they will not arrest journalists or legal observers for failing to obey orders to disperse .
“ Someday , a court may need to decide whether the First Amendment protects journalists and authorized legal observers , as distinct from the public generally , from having to comply with an otherwise lawful order to disperse from city streets when journalists and legal observers seek to @ @ @ @ @ @ @ conduct of law enforcement personnel , ” Simon wrote in a footnote .
“ But today is not that day.
” That day appeared sooner than Simon seemed to have expected , in a three-page Ninth Circuit order where the majority was comprised of Judges Eric Miller and Daniel Bress – both Trump appointees .
“ Based on our preliminary review , appellants have made a strong showing of likely success on the merits that the district court ’ s injunction exempting ‘ Journalists ’ and ‘ Legal Observers ’ from generally applicable @ @ @ @ @ @ @ , ” Judges Miller and Bress wrote .
Government attorneys have claimed that protesters are wearing fake press badges in order to gain cover to commit crimes , and that Simon ’ s restraining order and injunction put them in the position of risking contempt of court by apprehending such people .
But Judge Simon pointed out in his ruling that there is no bar against arresting anyone at a protest — including journalists and legal observers — for suspected illegal activity .
The appeals court appeared to side with the government on @ @ @ @ @ @ @ ’ s breadth and lack of clarity , particularly in its non-exclusive indicia of who qualifies as ‘ Journalists ’ and ‘ Legal Observers , ’ appellants have also demonstrated that , in the absence of a stay , the order will cause irreparable harm to law enforcement efforts and personnel , ” the judges wrote .
Judge Simon had initially floated the idea of having the American Civil Liberties Union issue its blue vest to journalists in order to make them more clearly identifiable — an option the ACLU and attorneys for @ @ @ @ @ @ @ withdrew the idea , but even that might not have been enough for the ruling to survive appeal , since the Ninth Circuit included in its criticism of Simon ’ s ruling the “ nonexclusive indicia ” Simon required of legal observers , who must wear either blue ACLU vests or bright green hats issued by the National Lawyers Guild .
The appeals court left in place Judge Simon ’ s order for the parties to discuss ways to better identify federal agents , who do not wear unique identifying information .
The @ @ @ @ @ @ @ to determine which agents are responsible for the alleged assaults documented in the declarations .
But the appeals court said Simon can ’ t rule on that issue until the appeals court resolves the government ’ s current motion for a stay .
Attorneys for the journalists and legal observers will now file a response to the Ninth Circuit ’ s stay of Simon ’ s order .
The government will likely respond to that filing , and then the appeals court will enter a final order .
For now , federal agents @ @ @ @ @ @ @ journalists and legal observers at protests against racism and police brutality that have stretched into their third month .
Matthew Borden , attorney for ACLU of Oregon and partner at Braunhagey & Borden , said in a statement on Thursday that he disagrees with the court ’ s order and looks forward to filing a brief on the issues .
“ The freedom of the press protects a democracy from devolving into tyranny , ” Borden said .
“ Under the First Amendment , press and legal observers must be allowed to document @ @ @ @ @ @ @ being assaulted , shot , detained , or arrested .
The government can not be held to account if there is no one left to document its actions.
” During an Aug 18. hearing , Borden underscored the danger at issue .
“ If TV cameras hadn ’ t been there in Selma , nobody would know that people were beaten .
”

Federal agents will no longer be restrained from assaulting and arresting journalists when dispersing protesters in Portland, Oregon after the Ninth Circuit temporarily stayed a lower court order that the judges said lacked clarity in the visible identification it required journalists to wear.
(CN) — Federal agents will no longer be restrained from assaulting and arresting journalists when dispersing protesters in Portland, Oregon after the Ninth Circuit temporarily stayed a lower court order that the judges said lacked clarity in the visible identification it required journalists to wear.
In a split ruling, two judges on a three-judge panel issued a temporary stay on Thursday, finding that U.S. District Judge Michael Simon’s 61-page injunction was overly broad and lacked clarity.
The majority, both of whom were appointed by President Donald Trump, wrote that the federal government was facing “irreparable harm” from the ruling, and that it was likely correct when it argued that journalists can’t be exempt from orders to disperse that the general public must follow.
Judge Margaret McKeown dissented. The Bill Clinton appointee wrote that she would have kept Simon’s injunction in place. The government had asked the Ninth Circuit for an emergency stay, but McKeown found that the government hadn’t shown an emergency, given that a restraining order with virtually the same terms had been in place for over a month before Simon issued his injunction.
According to the website for the Ninth Circuit Court of Appeals, three-judge panels for motions like the one filed by the government in this case are being heard this month by McKeown, Judge Barry Silverman, who was also appointed by Clinton, and Judge Daniel Bress, a Trump appointee. But in an unusual move, Judge Eric Miller, a Trump appointee, apparently subbed in for Silverman.
Federal agents are still in Portland. The Department of Homeland Security called the idea that “DHS forces are standing down and withdrawing” a “myth.”
“There has been no reduction in federal presence; federal law enforcement officers remain in Portland at augmented levels. Reports and implications to the contrary are irresponsible and dishonest,” the department said in an Aug. 4 press release.
Unlike their outsized presence in July, federal agents have mostly been out of sight since Gov. Kate Brown brokered a deal with Chad Wolf, acting secretary for the U.S. Department of Homeland Security, to have Oregon State Police guard the Mark O. Hatfield Federal Courthouse downtown.
But over the last week, federal agents have again been cracking down on protests when they are centered around federal buildings like those occupied by Immigration and Customs Enforcement.
In a proposed class action lawsuit, journalists and legal observers initially sued local police, claiming they were targeting them for arrest and assault simply for doing their jobs. Portland police agreed on July 16 to rules allowing journalists and legal observers to remain in an area declared closed in order to observe and report on arrests that followed, and any accompanying police violence.
Shortly after President Trump sent federal agents to Portland under Operation Diligent Valor, U.S. District Judge Michael Simon let the journalists and legal observers add federal agents with the U.S. Department of Homeland Security, the U.S. Marshals Service, Customs and Border Control and Federal Protective Services as defendants in the case.
Judge Simon entered and extended a temporary restraining order barring federal agents from assaulting and arresting journalists and legal observers. And on Aug. 20, Simon made his restraining order more permanent, issuing a preliminary injunction with the added requirement that federal agents wear unique identifying numbers.
Dozens of journalists and legal observers have filed declarations in the case, documenting instances where they say federal agents targeted them for assault, even though they were clearly marked as professionals and couldn’t have been mistaken for protesters. Over a dozen of those incidents happened after Judge Simon’s restraining order was in place, according to declarations.


courthousenews--2020-08-28--In a Victory for Trump, Iowa Judge Orders Thousands of Absentee Ballot Requests to Be Voided

DES MOINES , Iowa ( CN ) — On the day he accepted the Republican nomination for a second term , President Donald Trump won a legal skirmish in Iowa over the legality of how absentee ballot request forms were handled by a local election official .
An Iowa trial judge issued a temporary injunction Thursday ordering the county auditor in Iowa ’ s second largest city to notify tens of thousands registered voters who received absentee ballot request forms from the county that they must apply for new ballot request forms .
Thursday ’ s ruling was the first @ @ @ @ @ @ @ Trump , who , along with congressional Republican committees and the Republican Party of Iowa sued three Iowa county auditors , saying absentee ballot request forms sent to voters in those counties violated state law and a directive of Iowa Secretary of State Paul Pate .
The secretary of state is Iowa ’ s chief elections official .
County auditors in the 99 Iowa counties manage elections at the local level .
The Trump campaign and Republican Party officials filed similar suits against election officials in Johnson and Woodbury counties .
Hearings in @ @ @ @ @ @ @ .
The issue is the legality of the Linn County auditor ’ s move to mail absentee ballot request forms to 140,000 registered voters in the county with each voter ’ s identification number filled in on the form .
The Iowa Legislature passed a bill earlier this summer requiring county election officials to contact voters by phone or email if the voters omit the required identification number on their forms — either the driver ’ s license number or a state-issued PIN number .
More than 30,000 request forms had been returned @ @ @ @ @ @ @ Secretary of State Pate had earlier issued a directive to county auditors that absentee ballot request forms sent out by their offices must be blank .
Nonetheless , three Iowa county auditors sent out forms to registered voters in their counties with voters ’ personal identification information , including PIN numbers , already filled in on the form .
The Trump campaign and Republicans argued that if the ballot request forms ended up in the wrong hands , absentee ballots could be sent in by other persons .
Those ballots could then be @ @ @ @ @ @ @ the results .
The Republicans also argued that other Iowa counties could not afford to send out the pre-completed absentee ballot forms , a potential disadvantage to the president ’ s and the Republicans ’ campaigns in those counties .
District Judge Ian Thornhill heard arguments from the county and the Republican Party earlier Thursday , and later in the day issued an nine-page order that requires County Auditor Joel Miller to contact all voters who have already returned ballot request forms and tell them they must ignore the county ’ s pre-filled @ @ @ @ @ @ @ with identification numbers provided by the voter .
“ It is implausible to conclude that near total completion of an absentee ballot application by the auditor is authorized under Iowa law where the legislature has specifically forbidden government officials from partially completing the same document , ” Judge Thornhill wrote Thursday .
“ This interpretation is bolstered by the fact that emergency legislative authorization , through the Iowa Legislative Council , was required before the Secretary of State could prepopulate ‘ blank ’ ABRs with ‘ the Election Date and Type.
’ ” @ @ @ @ @ @ @ have a likelihood of showing that the voter himself or herself must complete the ABR form , and that county auditors can not prepopulate the ABR form for voters.
” Thornhill also agreed with the plaintiffs ’ argument that they could be disadvantaged by the county ’ s action : “ Plaintiffs also have demonstrated that they will suffer irreparable harm if an injunction is not entered , since not every county can afford the prepopulated request forms utilized by defendant , and since different actions by different county auditors will require different @ @ @ @ @ @ @ things like voter registration , voter mobilization , and the overall integrity of the votes cast.
” In a statement posted on its website Thursday , the Linn County Auditor ’ s Office acknowledged the judge ’ s decision and said , “ In accordance with the decision , the Linn County Auditor ’ s Office will be voiding each Linn County absentee request form which was prefilled with voter information.
” Linn County Auditor Joel Miller told Courthouse News in an email Thursday night that a decision would be made on whether @ @ @ @ @ @ @ as soon as Monday .
The decision would be made jointly by him , the county attorney and the Linn County Board of Supervisors .
Meanwhile , he said the county would begin mailing out blank absentee ballot request forms to roughly 45,000 Linn County voters who used the county ’ s request forms sent out earlier .

On the day he accepted the Republican nomination for a second term, President Donald Trump won a legal skirmish in Iowa over the legality of how absentee ballot request forms were handled by a local election official.
DES MOINES, Iowa (CN) — On the day he accepted the Republican nomination for a second term, President Donald Trump won a legal skirmish in Iowa over the legality of how absentee ballot request forms were handled by a local election official.
An Iowa trial judge issued a temporary injunction Thursday ordering the county auditor in Iowa’s second largest city to notify tens of thousands registered voters who received absentee ballot request forms from the county that they must apply for new ballot request forms.
Thursday’s ruling was the first victory for the re-election campaign of President Trump, who, along with congressional Republican committees and the Republican Party of Iowa sued three Iowa county auditors, saying absentee ballot request forms sent to voters in those counties violated state law and a directive of Iowa Secretary of State Paul Pate.
The secretary of state is Iowa’s chief elections official. County auditors in the 99 Iowa counties manage elections at the local level.
The Trump campaign and Republican Party officials filed similar suits against election officials in Johnson and Woodbury counties. Hearings in those suits have not yet been held.
The issue is the legality of the Linn County auditor’s move to mail absentee ballot request forms to 140,000 registered voters in the county with each voter’s identification number filled in on the form.
The Iowa Legislature passed a bill earlier this summer requiring county election officials to contact voters by phone or email if the voters omit the required identification number on their forms — either the driver’s license number or a state-issued PIN number. More than 30,000 request forms had been returned to the county by July 31.
Secretary of State Pate had earlier issued a directive to county auditors that absentee ballot request forms sent out by their offices must be blank.
Nonetheless, three Iowa county auditors sent out forms to registered voters in their counties with voters’ personal identification information, including PIN numbers, already filled in on the form.
The Trump campaign and Republicans argued that if the ballot request forms ended up in the wrong hands, absentee ballots could be sent in by other persons. Those ballots could then be challenged in the November election, delaying the results.
The Republicans also argued that other Iowa counties could not afford to send out the pre-completed absentee ballot forms, a potential disadvantage to the president’s and the Republicans’ campaigns in those counties.
District Judge Ian Thornhill heard arguments from the county and the Republican Party earlier Thursday, and later in the day issued an nine-page order that requires County Auditor Joel Miller to contact all voters who have already returned ballot request forms and tell them they must ignore the county’s pre-filled ballot request forms and send in forms with identification numbers provided by the voter.
“It is implausible to conclude that near total completion of an absentee ballot application by the auditor is authorized under Iowa law where the legislature has specifically forbidden government officials from partially completing the same document,” Judge Thornhill wrote Thursday.
“This interpretation is bolstered by the fact that emergency legislative authorization, through the Iowa Legislative Council, was required before the Secretary of State could prepopulate ‘blank’ ABRs with ‘the Election Date and Type.’”
The judge concluded that the plaintiffs “have a likelihood of showing that the voter himself or herself must complete the ABR form, and that county auditors cannot prepopulate the ABR form for voters.”
Thornhill also agreed with the plaintiffs’ argument that they could be disadvantaged by the county’s action:
“Plaintiffs also have demonstrated that they will suffer irreparable harm if an injunction is not entered, since not every county can afford the prepopulated request forms utilized by defendant, and since different actions by different county auditors will require different actions by plaintiffs when it comes to things like voter registration, voter mobilization, and the overall integrity of the votes cast.”
In a statement posted on its website Thursday, the Linn County Auditor’s Office acknowledged the judge’s decision and said, “In accordance with the decision, the Linn County Auditor’s Office will be voiding each Linn County absentee request form which was prefilled with voter information.”
Linn County Auditor Joel Miller told Courthouse News in an email Thursday night that a decision would be made on whether to appeal the judge’s ruling as soon as Monday. The decision would be made jointly by him, the county attorney and the Linn County Board of Supervisors.
Meanwhile, he said the county would begin mailing out blank absentee ballot request forms to roughly 45,000 Linn County voters who used the county’s request forms sent out earlier.


courthousenews--2020-08-28--Judge Advances Lawsuits Challenging Bay Area City Coal Ban

OAKLAND , Calif. ( CN ) — A federal judge on Thursday advanced three lawsuits claiming a Bay Area city ’ s ban on the handling and storage of coal and petroleum coke is based on faulty science , preempted by federal laws and interferes with foreign and interstate commerce .
The city of Richmond , California , passed an ordinance banning coal and petcoke in this past February to “ protect and promote the health , safety and welfare of the city ’ s citizens , visitors , and workers by reducing the release of pollutants into the environment.
@ @ @ @ @ @ @ lawsuits filed by Levin Enterprises , which operates a marine terminal and railroad that transports coal and petcoke ; Philips 66 , which operates a petcoke refinery 10 miles from Richmond ; and Wolverine Fuel Sales , which mines coal in Utah .
In a 26-page ruling issued Thursday , U.S. District Judge Yvonne Gonzalez Rogers refused to dismiss the bulk of claims asserted against the city in the three federal complaints .
The judge refused to accept arguments that the health and safety benefits of the city ’ s coal ban outweighs @ @ @ @ @ @ @ interstate commerce .
The plaintiffs claim the city lacked reliable scientific evidence to support the new restrictions .
“ While the court must give appropriate deference to the legislature ’ s judgment , it is not a rubber stamp for the city ’ s adoption of the ordinance , ” Gonzalez Rogers wrote .
The judge concluded that addressing that question will require analyzing a full record of evidence at a later stage of the litigation .
The judge also refused to dismiss claims that the coal ban will interfere with foreign commerce @ @ @ @ @ @ @ fuels from the Richmond terminal to Europe , Australia and Asia .
Gonzalez-Rogers found there were “ specific indications of Congressional intent to regulate the overseas trade of commodities like coal and petcoke.
” Claims that the coal ban interferes with business contracts were also advanced .
The judge refused to accept the city ’ s assertion that the ordinance was “ reasonable and necessary ” and therefore outweighs any adverse impacts on business contracts .
The lawsuits claim the ordinance was not reasonable or necessary because the only reliable environmental tests showed @ @ @ @ @ @ @ terminal .
The Richmond Planning Commission found the ordinance unsupported by reliable scientific evidence and recommended against passing it .
The Bay Area Air Quality Management District complained of a lack of dependable data to support the coal ban , and a microscopic analysis relied on by the city was “ riddled with scientific errors ” and did not clearly identify the terminal as the source of sampled dust , Gonzalez Rogers wrote .
The judge also found the coal ban could be preempted by two federal laws –the Interstate Commerce Commission Termination @ @ @ @ @ @ @ of 1984 .
The ICCTA gives the U.S .
Surface Transportation Board sole authority over transportation by rail as part of an interstate rail network .
It preempts any laws that unreasonably burden or interfere with such rail transportation .
The Shipping Act prohibits state and local laws that “ unreasonably discriminate ” against shippers of certain commodities , such as coal or petcoke .
Determining whether the coal ban is preempted by those laws will require a more thorough analysis of evidence at a later stage of litigation , the judge concluded @ @ @ @ @ @ @ claims that the ordinance violates the companies ’ due process rights based on claims that city officials failed to fully consider the reliability and adequacy of evidence supporting the ban .
Additionally , the judge advanced claims that the ordinance represents an unlawful taking of the Levin Enterprises ’ property .
The shipping terminal operator says because there are few alternatives to shipping coal and petcoke , the ban is likely to put it out of business .
Equal protection claims asserted by Levin Enterprises were also advanced .
The Levin-Richmond Terminal is @ @ @ @ @ @ @ .
It claims the city singled it out “ arbitrarily without any rational basis ” so as to interfere with its property rights .
The judge also granted a motion by two environmental groups , Sierra Club and San Francisco Baykeeper , to intervene in the case as defendants , but she also placed limitations on their roles in the case .
The conservation groups will not be allowed to file motions independently from the main defendant , the city of Richmond .
Richmond interim City Attorney Rachel Sommovilla and Levin Enterprises attorney @ @ @ @ @ @ @ not immediately return email requests for comment Thursday .
The decision to advance three lawsuits challenging the Richmond ordinance comes three months after the Ninth Circuit upheld another federal judge ’ s decision to overturn the city of Oakland ’ s ban on coal and petcoke in May .

A federal judge on Thursday advanced three lawsuits claiming a Bay Area city’s ban on the handling and storage of coal and petroleum coke is based on faulty science, preempted by federal laws and interferes with foreign and interstate commerce.
OAKLAND, Calif. (CN) — A federal judge on Thursday advanced three lawsuits claiming a Bay Area city’s ban on the handling and storage of coal and petroleum coke is based on faulty science, preempted by federal laws and interferes with foreign and interstate commerce.
The city of Richmond, California, passed an ordinance banning coal and petcoke this past February to “protect and promote the health, safety and welfare of the city’s citizens, visitors, and workers by reducing the release of pollutants into the environment.”
The ordinance was met with three lawsuits filed by Levin Enterprises, which operates a marine terminal and railroad that transports coal and petcoke; Philips 66, which operates a petcoke refinery 10 miles from Richmond; and Wolverine Fuel Sales, which mines coal in Utah.
In a 26-page ruling issued Thursday, U.S. District Judge Yvonne Gonzalez Rogers refused to dismiss the bulk of claims asserted against the city in the three federal complaints.
The judge refused to accept arguments that the health and safety benefits of the city’s coal ban outweighs any potential burden it may impose on interstate commerce. The plaintiffs claim the city lacked reliable scientific evidence to support the new restrictions.
“While the court must give appropriate deference to the legislature’s judgment, it is not a rubber stamp for the city’s adoption of the ordinance,” Gonzalez Rogers wrote.
The judge concluded that addressing that question will require analyzing a full record of evidence at a later stage of the litigation.
The judge also refused to dismiss claims that the coal ban will interfere with foreign commerce by effectively halting overseas shipments of fossil fuels from the Richmond terminal to Europe, Australia and Asia.
Gonzalez-Rogers found there were “specific indications of Congressional intent to regulate the overseas trade of commodities like coal and petcoke.”
Claims that the coal ban interferes with business contracts were also advanced. The judge refused to accept the city’s assertion that the ordinance was “reasonable and necessary” and therefore outweighs any adverse impacts on business contracts.
The lawsuits claim the ordinance was not reasonable or necessary because the only reliable environmental tests showed no hazardous air pollution coming from the terminal.
The Richmond Planning Commission found the ordinance unsupported by reliable scientific evidence and recommended against passing it. The Bay Area Air Quality Management District complained of a lack of dependable data to support the coal ban, and a microscopic analysis relied on by the city was “riddled with scientific errors” and did not clearly identify the terminal as the source of sampled dust, Gonzalez Rogers wrote.
The judge also found the coal ban could be preempted by two federal laws –the Interstate Commerce Commission Termination Act of 1995 and the Shipping Act of 1984.
The ICCTA gives the U.S. Surface Transportation Board sole authority over transportation by rail as part of an interstate rail network. It preempts any laws that unreasonably burden or interfere with such rail transportation.
The Shipping Act prohibits state and local laws that “unreasonably discriminate” against shippers of certain commodities, such as coal or petcoke.
Determining whether the coal ban is preempted by those laws will require a more thorough analysis of evidence at a later stage of litigation, the judge concluded.
Gonzalez Rogers also refused to dismiss claims that the ordinance violates the companies’ due process rights based on claims that city officials failed to fully consider the reliability and adequacy of evidence supporting the ban.
Additionally, the judge advanced claims that the ordinance represents an unlawful taking of the Levin Enterprises’ property. The shipping terminal operator says because there are few alternatives to shipping coal and petcoke, the ban is likely to put it out of business.
Equal protection claims asserted by Levin Enterprises were also advanced. The Levin-Richmond Terminal is the only facility affected by the ordinance. It claims the city singled it out “arbitrarily without any rational basis” so as to interfere with its property rights.
The judge also granted a motion by two environmental groups, Sierra Club and San Francisco Baykeeper, to intervene in the case as defendants, but she also placed limitations on their roles in the case. The conservation groups will not be allowed to file motions independently from the main defendant, the city of Richmond.
Richmond interim City Attorney Rachel Sommovilla and Levin Enterprises attorney Linda Sobczynski of Farella Braun Martel did not immediately return email requests for comment Thursday.
The decision to advance three lawsuits challenging the Richmond ordinance comes three months after the Ninth Circuit upheld another federal judge’s decision to overturn the city of Oakland’s ban on coal and petcoke in May.


No Smoking

SACRAMENTO , Calif. — California Governor Gavin Newsom signed a bill Friday that bans the sale of flavored tobacco — @ @ @ @ @ not hookahs or handmade “ premium ” cigars .


courthousenews--2020-08-28--NBA, Players Agree to Continue Season and Start New Social Justice Coalition

( CN ) — The National Basketball League may be playing in a “ bubble , ” but the actions and comments of several NBA players and coaches are making an impact around the country .
On Friday , the 57th anniversary of the March on Washington , the NBA and the player ’ s union issued a joint statement announcing that one of the conditions for resuming the NBA playoffs is to convert their arenas to polling places for the Nov. 3 presidential election .
“ In every city where the league franchise owns and controls the arena property @ @ @ @ @ @ @ with local elections officials to convert the facility into a voting location for the 2020 general election to allow for a safe in-person voting option for communities vulnerable to Covid , ” the statement says .
“ If a deadline has passed , team governors will work with local elections officials to find another election-related use for the facility , including but not limited to voter registration and ballot receiving boards.
” The Milwaukee Bucks , Atlanta Hawks and Detroit Pistons already had plans in place to use their arenas as polling places @ @ @ @ @ @ @ that they would do the same .
The NBA season came to a halt when the Covid-19 pandemic hit the United States in March and resumed a month ago , with all teams playing at the ESPN Wide World of Sports Complex , also known as “ the bubble.
” Players have been allowed to don “ Black Lives Matter ” on their jerseys in place of their names , and “ Black Lives Matter ” is also painted on the court .
But on Wednesday , in the wake of the police @ @ @ @ @ @ @ in Kenosha , Wisconsin that left him paralyzed , the Bucks boycotted their playoff game against the Orlando Magic .
The Bucks ’ protest had a ripple effect , with the rest of the NBA teams also deciding not to play their games .
Soon after word spread of the NBA postponing its playoff games , several Major League Baseball and National Hockey League teams followed suit .
NBA players held meetings Wednesday and Thursday to determine how to move forward .
The Los Angeles teams , the Lakers and Clippers , reportedly @ @ @ @ @ @ @ of the season .
The owners , who held a virtual meeting on Thursday , used NBA Hall of Famer and Charlotte Hornets owner Michael Jordan as a liaison between players and owners .
The players and owners also agreed to establish a social justice coalition “ that will be focused on a broad range of issues , including increasing access to voting , promoting civic engagement , and advocating for meaningful police and criminal justice reform ” as well as using advertising spots in the playoff games to encourage “ greater civic @ @ @ @ @ @ @ raising awareness around voter access and opportunity.
” “ These commitments follow months of close collaboration around designing a safe and healthy environment to restart the NBA season , providing a platform to promote social justice , as well as creating an NBA Foundation focused on economic empowerment in the black community , ” the statement says .
“ We look forward to the resumption of the playoffs and continuing to work together – in Orlando and in all NBA team markets – to push for meaningful and sustainable change.
” Representatives for @ @ @ @ @ @ @ requests for comment .

The National Basketball League may be playing in a “bubble,” but the actions and comments of several NBA players and coaches are making an impact around the country.
(CN) — The National Basketball League may be playing in a “bubble,” but the actions and comments of several NBA players and coaches are making an impact around the country.
On Friday, the 57th anniversary of the March on Washington, the NBA and the player’s union issued a joint statement announcing that one of the conditions for resuming the NBA playoffs is to convert their arenas to polling places for the Nov. 3 presidential election.
“In every city where the league franchise owns and controls the arena property, team governors will continue to work with local elections officials to convert the facility into a voting location for the 2020 general election to allow for a safe in-person voting option for communities vulnerable to Covid,” the statement says. “If a deadline has passed, team governors will work with local elections officials to find another election-related use for the facility, including but not limited to voter registration and ballot receiving boards.”
The Milwaukee Bucks, Atlanta Hawks and Detroit Pistons already had plans in place to use their arenas as polling places, with the Utah Jazz announcing Friday that they would do the same.
The NBA season came to a halt when the Covid-19 pandemic hit the United States in March and resumed a month ago, with all teams playing at the ESPN Wide World of Sports Complex, also known as “the bubble.”
Players have been allowed to don “Black Lives Matter” on their jerseys in place of their names, and “Black Lives Matter” is also painted on the court.
But on Wednesday, in the wake of the police shooting of 29-year-old Black man Jacob Blake in Kenosha, Wisconsin that left him paralyzed, the Bucks boycotted their playoff game against the Orlando Magic.
The Bucks’ protest had a ripple effect, with the rest of the NBA teams also deciding not to play their games. Soon after word spread of the NBA postponing its playoff games, several Major League Baseball and National Hockey League teams followed suit.
NBA players held meetings Wednesday and Thursday to determine how to move forward. The Los Angeles teams, the Lakers and Clippers, reportedly voted Wednesday night to cancel the rest of the season.
The owners, who held a virtual meeting on Thursday, used NBA Hall of Famer and Charlotte Hornets owner Michael Jordan as a liaison between players and owners.
The players and owners also agreed to establish a social justice coalition “that will be focused on a broad range of issues, including increasing access to voting, promoting civic engagement, and advocating for meaningful police and criminal justice reform” as well as using advertising spots in the playoff games to encourage “greater civic engagement in national and local elections and raising awareness around voter access and opportunity.”
“These commitments follow months of close collaboration around designing a safe and healthy environment to restart the NBA season, providing a platform to promote social justice, as well as creating an NBA Foundation focused on economic empowerment in the black community,” the statement says. “We look forward to the resumption of the playoffs and continuing to work together – in Orlando and in all NBA team markets – to push for meaningful and sustainable change.”
Representatives for the NBPA did not immediately respond to requests for comment.


courthousenews--2020-08-28--California Courts Covid Update

California Courts Covid Update

Aug. 28 , 2020 : Notice to attorneys regarding new portal Aug. 27 , 2020 : Emergency relief implementation regarding @ @ @ @ @ into custody


Top Eight

Your Friday night briefing from the staff of Courthouse News Top eight CNS stories for today including California ’ s second reopening wave will be deliberate and plodding under new rules introduced by Governor Gavin Newsom ; The Tour de France is heading out across a France plunging back into the throes of a new wave of the coronavirus pandemic ; Twenty-three attorneys general sued the White House to block changes that will make it easier to push through major projects with less extensive environmental reviews and public input , and more .
Sign up for CNS Top Eight , @ @ @ @ @ @ @ top stories delivered directly to your email Monday through Friday .
1 . )
Challenging the Trump administration ’ s revamp of a bedrock environmental law , 23 attorneys general sued the White House on Friday to block changes that will make it easier to push through major projects with less extensive environmental reviews and public input .
2 . )
Accusing Secretary of State Mike Pompeo of repeatedly refusing to cooperate with its investigations , the House Foreign Affairs Committee announced Friday it is launching proceedings to hold him in contempt .
@ @ @ @ @ @ @ the Lincoln Memorial where Martin Luther King Jr. ’ s voice rang out in a clarion call for justice 57 years ago , Breonna Taylor ’ s mother heard tens of thousands gathered around the reflecting pool cry out her daughter ’ s name in thundering unison Friday .
4 . )
As coronavirus cases and hospitalizations continue trending downward , California ’ s second reopening wave will be deliberate and plodding under rules introduced Friday by Governor Gavin Newsom .
5 . )
Amid the Covid-19 pandemic the city of Los Angeles @ @ @ @ @ @ @ for throwing mega-parties at their Hollywood Hills mansion , which are viewed as potential super spreader events for the virus .
6 . )
The owners of Maximum Security , the horse that crossed the finish line first in the 2019 Kentucky Derby but was later disqualified , lost in the Sixth Circuit on Friday when the court held the disqualification is not reviewable under state law .
7 . )
This year ’ s Tour de France , a hallowed summer centerpiece of sporting heroics and madness in Europe , is starting @ @ @ @ @ @ @ a France plunging back into the throes of a new wave of the coronavirus pandemic .
8 . )
If you get into a car accident on your way home , laws exist to determine who is liable for the damage .
But if your satellite hits another satellite in space , there are no clear rules .

Top eight CNS stories for today including California’s second reopening wave will be deliberate and plodding under new rules introduced by Governor Gavin Newsom; The Tour de France is heading out across a France plunging back into the throes of a new wave of the coronavirus pandemic; Twenty-three attorneys general sued the White House to block changes that will make it easier to push through major projects with less extensive environmental reviews and public input, and more.
Your Friday night briefing from the staff of Courthouse News
Top eight CNS stories for today including California’s second reopening wave will be deliberate and plodding under new rules introduced by Governor Gavin Newsom; The Tour de France is heading out across a France plunging back into the throes of a new wave of the coronavirus pandemic; Twenty-three attorneys general sued the White House to block changes that will make it easier to push through major projects with less extensive environmental reviews and public input, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) Challenging the Trump administration’s revamp of a bedrock environmental law, 23 attorneys general sued the White House on Friday to block changes that will make it easier to push through major projects with less extensive environmental reviews and public input.
President Donald speaks during an event on American infrastructure at UPS Hapeville Airport Hub, Wednesday, July 15, 2020, in Atlanta. (AP Photo/Evan Vucci)
2.) Accusing Secretary of State Mike Pompeo of repeatedly refusing to cooperate with its investigations, the House Foreign Affairs Committee announced Friday it is launching proceedings to hold him in contempt.
Secretary of State Mike Pompeo testifies during a House Foreign Affairs Committee hearing on Capitol Hill in Washington, Friday, Feb. 28, 2020, about the Trump administration's policies on Iran, Iraq and the use of force. (AP Photo/Carolyn Kaster)
3.) From the steps of the Lincoln Memorial where Martin Luther King Jr.’s voice rang out in a clarion call for justice 57 years ago, Breonna Taylor’s mother heard tens of thousands gathered around the reflecting pool cry out her daughter’s name in thundering unison Friday.
Tens of thousands of demonstrators gathered at the Lincoln Memorial on Friday, Aug. 28, 2020, for the 57th anniversary of the March on Washington. (Courthouse News photo/Brandi Buchman)
Regional
4.) As coronavirus cases and hospitalizations continue trending downward, California’s second reopening wave will be deliberate and plodding under rules introduced Friday by Governor Gavin Newsom.
In this June 1, 2020 photo, California Gov. Gavin Newsom takes off his face mask before news conference after meeting leaders of the African American community in Sacramento, Calif. (AP Photo/Rich Pedroncelli, Pool, File)
5.) Amid the Covid-19 pandemic the city of Los Angeles is charging a pair of TikTok stars for throwing mega-parties at their Hollywood Hills mansion, which are viewed as potential super spreader events for the virus.
Screenshot of a TikTok by Bryce Hall, a star of the social media platform.
6.) The owners of Maximum Security, the horse that crossed the finish line first in the 2019 Kentucky Derby but was later disqualified, lost in the Sixth Circuit on Friday when the court held the disqualification is not reviewable under state law.
FILE - In this May 4, 2019, file photo, Luis Saez rides Maximum Security, right, across the finish line first against Flavien Prat on Country House during the 145th running of the Kentucky Derby horse race at Churchill Downs in Louisville, Ky. Citing unidentified sources close to the race, the Courier-Journal of Louisville said Churchill Downs will postpone the Derby from May 2, 2020, to Sept. 5, making it the first time in 75 years that the race won't be run on the first Saturday in May. (AP Photo/Matt Slocum, File)
International
7.) This year’s Tour de France, a hallowed summer centerpiece of sporting heroics and madness in Europe, is starting two months behind schedule and heads across a France plunging back into the throes of a new wave of the coronavirus pandemic.
Team Jumbo - Visma riders pedal during a training session along the beach of the Promenade des Anglais in Nice, southern France, ahead of upcoming Saturday's start of the race, Friday, Aug. 28, 2020. The Tour de France sets off shrouded in uncertainty and riding in the face of the coronavirus pandemic and mounting infections in France. (AP Photo/Thibault Camus)
8.) If you get into a car accident on your way home, laws exist to determine who is liable for the damage. But if your satellite hits another satellite in space, there are no clear rules.