courthousenews--2020-08-07--Eighth Circuit OKs Arkansas Abortion Restrictions

ST. LOUIS ( CN ) — Almost two years after arguments were heard in the case , the Eighth Circuit reinstated four Arkansas laws banning certain kinds of abortion procedures .
The regulations passed by Arkansas ’ Republican-dominated Legislature in 2017 impose criminal penalties on doctors who perform dilation-and-evacuation procedures .
The laws also alter the standards for proper disposal of dead fetuses .
Doctors must provide fetal tissue from minor patients ’ abortions to law enforcement , for instance , and must obtain a patient ’ s entire pregnancy history before performing an abortion .
Planned Parenthood and the @ @ @ @ @ @ @ court that June to challenge the laws on behalf of a Little Rock abortion provider who argued that doctors risk severe penalties for performing safe and previously legal procedures .
“ Enforcement of each of the four challenged laws threatens to block altogether a woman ’ s constitutionally protected right to access abortion care , ” they argued .
“ Each would impose delay , which endangers a woman ’ s health and can itself make abortion care impossible for her to obtain.
” U.S. District Judge Kristine Baker issued a preliminary injunction @ @ @ @ @ @ @ from enforcing the laws .
But Friday ’ s ruling vacated that order .
Arkansas Solicitor General Nicholas Bronni had argued the state ’ s case before the Eighth Circuit during oral argument on Dec. 13 , 2018 .
He called the dilation-and-evacuation procedure “ barbaric ” and said the federal district court ’ s injunction “ ignored Arkansas ’ interests in protecting life and health benefits.
” Susan Talcott Camp , a New York ACLU attorney , argued that the procedure was safer than other procedures , including ones suggested by the @ @ @ @ @ @ @ endangered women ’ s health .
The three-judge panel , which submitted its seven-page ruling per curiam and therefore without any one member ’ s signature , found that Judge Baker failed to afford “ wide discretion ” to the state ’ s Legislature in “ areas where there is medical and scientific uncertainty ” — words that echo Chief Justice John Roberts ’ concurring opinion in the June 2020 U.S. Supreme Court case , June Medical Services LLC v. Russo .
In that case , the high court held that a Louisiana @ @ @ @ @ @ @ privileges at a nearby hospital was unconstitutional .
Roberts had provided the necessary fifth vote in favor of striking down Louisiana ’ s law , but he did not agree with the other judges ’ reasoning .
In his concurring opinion , Roberts wrote that while courts can not allow states to impose undue burdens on women ’ s ability to have an abortion , they must defer to legislatures ’ authority on matters of medical uncertainty .
The three Eighth Circuit judges — Lavenski Smith , a George W. Bush appointee , @ @ @ @ @ @ @ , and L. Steven Grasz , a Donald Trump appointee — cited Roberts approvingly here , and ordered Judge Baker to reconsider her ruling in light of Roberts ’ opinion .
During oral argument , the state did not deny that the regulations would keep women from getting abortions .
“ The mere fact that it would keep some patients from having an abortion is not a basis for facial validity , ” Solicitor General Bronni said .

Almost two years after arguments were heard in the case, the Eighth Circuit reinstated four Arkansas laws banning certain kinds of abortion procedures.
ST. LOUIS (CN) — Almost two years after arguments were heard in the case, the Eighth Circuit reinstated four Arkansas laws banning certain kinds of abortion procedures.
The regulations passed by Arkansas’ Republican-dominated Legislature in 2017 impose criminal penalties on doctors who perform dilation-and-evacuation procedures. The laws also alter the standards for proper disposal of dead fetuses.
Doctors must provide fetal tissue from minor patients’ abortions to law enforcement, for instance, and must obtain a patient’s entire pregnancy history before performing an abortion.
Planned Parenthood and the American Civil Liberties Union took to federal court that June to challenge the laws on behalf of a Little Rock abortion provider who argued that doctors risk severe penalties for performing safe and previously legal procedures.
(Courthouse News photo/Kelsey Jukam)
“Enforcement of each of the four challenged laws threatens to block altogether a woman’s constitutionally protected right to access abortion care,” they argued. “Each would impose delay, which endangers a woman’s health and can itself make abortion care impossible for her to obtain.”
U.S. District Judge Kristine Baker issued a preliminary injunction in July 2017 that prevented the state from enforcing the laws. But Friday’s ruling vacated that order.
Arkansas Solicitor General Nicholas Bronni had argued the state’s case before the Eighth Circuit during oral argument on Dec. 13, 2018. He called the dilation-and-evacuation procedure “barbaric” and said the federal district court’s injunction “ignored Arkansas’ interests in protecting life and health benefits.”
Susan Talcott Camp, a New York ACLU attorney, argued that the procedure was safer than other procedures, including ones suggested by the state, and said the regulations therefore endangered women’s health.
The three-judge panel, which submitted its seven-page ruling per curiam and therefore without any one member’s signature, found that Judge Baker failed to afford “wide discretion” to the state’s Legislature in “areas where there is medical and scientific uncertainty” — words that echo Chief Justice John Roberts’ concurring opinion in the June 2020 U.S. Supreme Court case, June Medical Services LLC v. Russo.
In that case, the high court held that a Louisiana law requiring abortion doctors to have admitting privileges at a nearby hospital was unconstitutional. Roberts had provided the necessary fifth vote in favor of striking down Louisiana’s law, but he did not agree with the other judges’ reasoning.
In his concurring opinion, Roberts wrote that while courts cannot allow states to impose undue burdens on women’s ability to have an abortion, they must defer to legislatures’ authority on matters of medical uncertainty.
The three Eighth Circuit judges — Lavenski Smith, a George W. Bush appointee, Roger Wollman, a Ronald Reagan appointee, and L. Steven Grasz, a Donald Trump appointee — cited Roberts approvingly here, and ordered Judge Baker to reconsider her ruling in light of Roberts’ opinion.
During oral argument, the state did not deny that the regulations would keep women from getting abortions.
“The mere fact that it would keep some patients from having an abortion is not a basis for facial validity,” Solicitor General Bronni said.


courthousenews--2020-08-07--Full 11th Circuit Agrees to Rehear Case Brought by Epstein Victims

( CN ) — The 11th Circuit on Friday gave victims of Jeffrey Epstein ’ s underage sex ring another chance to challenge a non-prosecution deal that shields the wealthy financier ’ s associates from criminal liability in Florida court .
The appellate court ’ s decision to rehear the case en banc breathes new life into a long-running legal battle to overturn the non-prosecution deal , which insulated Epstein and his cohorts from federal charges for luring teenage girls to a Palm Beach Island mansion where he coerced them into sexual activity .
In exchange for the federal immunity @ @ @ @ @ @ @ to soliciting underage prosecution .
He ended up serving little more than a year in prison .
Courtney Wild and another plaintiff , who were among more than 30 young girls purportedly lured into the Palm Beach underage sex ring , filed the original lawsuit to overturn Epstein ’ s deal back in 2008 .
They argued that South Florida federal prosecutors violated the Crime Victims ’ Rights Act by shutting victims out of the plea-negotiation process and concealing the allegedly cushy deal from them .
The law ensures victims ’ right to @ @ @ @ @ @ @ treated with fairness ” and to be timely informed about plea bargains .
Wild says she maintained confidence that her case would be heard again despite repeated legal setbacks .
“ We have fought for 12 years , and as I ’ ve said before , no matter how many obstacles pile up , we will never give up fighting for what is right , ” Wild said in a statement Friday .
Wild ’ s attorney Paul Cassell described the decision to rehear the lawsuit as “ a fresh start on the @ @ @ @ @ @ @ ’ t have lawyers to represent them , unlike criminal defendants who can get court-appointed attorneys .
The Crime Victims ’ Rights Act should be read in a common sense way so that victims who don ’ t have legal training can understand and protect their rights , ” Cassell said in an interview .
Wild and Cassell had faced a number of courtroom setbacks since Epstein died in an apparent suicide in a New York City prison , where he was being held on newly filed sex-trafficking charges .
A district judge @ @ @ @ @ @ @ s request to nullify the non-prosecution deal was made moot by Epstein ’ s death .
The judge ruled that the deal ’ s provisions that shielded Epstein ’ s cohorts from prosecution could not be voided because those parties were never joined in the litigation .
He also denied the plaintiffs ’ request for government restitution , noting that the Crime Victims ’ Rights Act does not provide for financial damages for victims .
On appeal , Wild faced another blow when a split three-judge panel in the 11th Circuit ruled in @ @ @ @ @ @ @ Act does not protect victims before formal charges are filed .
Even if plea negotiations are well underway with a soon-to-be defendant – as was the case with Epstein – victims have no rights under the Act so long as charges are not yet filed in the court record , the majority found .
The 11th Circuit ’ s en banc grant Friday tosses out the panel ’ s ruling , which had sweeping implications for victims ’ rights in the court ’ s jurisdiction of Florida , Alabama and Georgia .
The @ @ @ @ @ @ @ full court , as opposed to the three-judge crew .
Cassell said that Congress members who drew up the Crime Victims ’ Rights Act clearly intended it to protect victims in the pre-charge phase .
He cited a section in the Act which references the relief process for aggrieved victims when “ no prosecution is underway.
” Wild and Cassell are now armed with a May brief from Senator Dianne Feinstein and former Senator Jon Kyl , who drafted and co-sponsored the Act .
“ The plain and ordinary meaning of [ the @ @ @ @ @ @ @ .
The Act guarantees victims the right to be treated with fairness and respect and to confer with the prosecutor—during the detection , investigation , or prosecution of a crime , ” Feinstein and Kyl ’ s brief states .
In the now-voided appellate decision , U.S .
Circuit Judge Kevin Newsom wrote that extending victims ’ rights under the Act to the pre-charge phase could disrupt police investigations and prosecutors ’ day-to-day decisions .
If the Act applied before charges are filed , courts “ would be empowered to issue injunctions requiring @ @ @ @ @ @ @ ” before raids and warrant applications , the Donald Trump appointee wrote .
( Parentheses in original . )

The 11th Circuit on Friday gave victims of Jeffrey Epstein's underage sex ring another chance to challenge a non-prosecution deal that shields the wealthy financier's associates from criminal liability in Florida court.
(CN) — The 11th Circuit on Friday gave victims of Jeffrey Epstein's underage sex ring another chance to challenge a non-prosecution deal that shields the wealthy financier's associates from criminal liability in Florida court.
The appellate court's decision to rehear the case en banc breathes new life into a long-running legal battle to overturn the non-prosecution deal, which insulated Epstein and his cohorts from federal charges for luring teenage girls to a Palm Beach Island mansion where he coerced them into sexual activity.
In exchange for the federal immunity, Epstein pleaded guilty in state court to soliciting underage prosecution. He ended up serving little more than a year in prison.
Courtney Wild and another plaintiff, who were among more than 30 young girls purportedly lured into the Palm Beach underage sex ring, filed the original lawsuit to overturn Epstein's deal back in 2008. They argued that South Florida federal prosecutors violated the Crime Victims' Rights Act by shutting victims out of the plea-negotiation process and concealing the allegedly cushy deal from them.
The law ensures victims’ right to confer with prosecutors, “to be treated with fairness” and to be timely informed about plea bargains.
Wild says she maintained confidence that her case would be heard again despite repeated legal setbacks.
"We have fought for 12 years, and as I've said before, no matter how many obstacles pile up, we will never give up fighting for what is right," Wild said in a statement Friday.
Wild's attorney Paul Cassell described the decision to rehear the lawsuit as "a fresh start on the case."
"Many crime victims don't have lawyers to represent them, unlike criminal defendants who can get court-appointed attorneys. The Crime Victims' Rights Act should be read in a common sense way so that victims who don't have legal training can understand and protect their rights," Cassell said in an interview.
Wild and Cassell had faced a number of courtroom setbacks since Epstein died in an apparent suicide in a New York City prison, where he was being held on newly filed sex-trafficking charges.
A district judge in September 2019 found that Wild's request to nullify the non-prosecution deal was made moot by Epstein's death. The judge ruled that the deal's provisions that shielded Epstein's cohorts from prosecution could not be voided because those parties were never joined in the litigation. He also denied the plaintiffs' request for government restitution, noting that the Crime Victims' Rights Act does not provide for financial damages for victims.
On appeal, Wild faced another blow when a split three-judge panel in the 11th Circuit ruled in April that the Crime Victims' Rights Act does not protect victims before formal charges are filed. Even if plea negotiations are well underway with a soon-to-be defendant — as was the case with Epstein — victims have no rights under the Act so long as charges are not yet filed in the court record, the majority found.
The 11th Circuit's en banc grant Friday tosses out the panel’s ruling, which had sweeping implications for victims' rights in the court's jurisdiction of Florida, Alabama and Georgia. The case will be taken up by the full court, as opposed to the three-judge crew.
Cassell said that Congress members who drew up the Crime Victims’ Rights Act clearly intended it to protect victims in the pre-charge phase. He cited a section in the Act which references the relief process for aggrieved victims when "no prosecution is underway."
Wild and Cassell are now armed with a May brief from Senator Dianne Feinstein and former Senator Jon Kyl, who drafted and co-sponsored the Act.
"The plain and ordinary meaning of [the Act's] provisions is apparent. The Act guarantees victims the right to be treated with fairness and respect and to confer with the prosecutor—during the detection, investigation, or prosecution of a crime," Feinstein and Kyl's brief states.
In the now-voided appellate decision, U.S. Circuit Judge Kevin Newsom wrote that extending victims' rights under the Act to the pre-charge phase could disrupt police investigations and prosecutors' day-to-day decisions. If the Act applied before charges are filed, courts "would be empowered to issue injunctions requiring (for instance) consultation with victims" before raids and warrant applications, the Donald Trump appointee wrote. (Parentheses in original.)
Longtime Epstein confidant Ghislaine Maxwell was arrested last month for allegedly helping Epstein recruit teenage girls to abuse in the mid-1990s. During bail proceedings, her attorneys clashed with the Department of Justice over whether the Florida non-prosecution deal is enforceable in New York, where she is facing the charges. U.S. District Judge Alison Nathan ruled July 14 that Maxwell will remain incarcerated pending trial.


courthousenews--2020-08-07--System Glitch Leads to Backlog of 300,000 Covid Tests in California

SACRAMENTO , Calif. ( CN ) — Acknowledging the state ’ s overburdened reporting system failed county health departments for weeks , California officials on Friday said despite a backlog of as many as 350,000 coronavirus tests they remain confident in the state ’ s broader data and that the glitch can be quickly fixed .
“ Our data system failed and that failure led to inaccurate case numbers and case positivity rates , ” said California Health and Human Services chief Mark Ghaly .
The state ’ s infectious disease database backed up late last month , Ghaly said @ @ @ @ @ @ @ large commercial lab was unable to log test results .
Ghaly said he and Governor Gavin Newsom became aware of the backlog late Monday , hours after the governor touted statewide decreases in hospitalizations and new cases .
The fiasco is revealing an outdated software system buckling under the pressure of the pandemic at a time when counties are trying to figure out how and when they can start to reopen .
According to Ghaly , a server outage spurred the problem but that a fix has been identified and he estimates the @ @ @ @ @ @ @ two days .
He promised enhanced oversight over the existing program and said Newsom wants answers regarding the state ’ s latest tech debacle .
“ Simply put , the CalREDIE system was not built for this volume of data , ” Ghaly highlighted .
“ The governor has directed a full investigation into what happened , and we will hold people accountable.
” Of the outstanding 250,000 to 350,000 test results from California ’ s 58 counties , Ghaly said it ’ s unclear how many are actually Covid-19 related as the @ @ @ @ @ @ @ .
However , the glitch has not impacted the state ’ s running death , hospitalization and intensive care totals which Ghaly says are stabilizing .
The backlog has sparked other changes as well , including a temporary pause of the state ’ s coronavirus monitoring list .
Nearly 40 counties making up over 95 % of the state ’ s population are on the watchlist , based on data including the number of new infections per 100,000 residents , test positivity rate and the change in hospitalization rate , among others .
@ @ @ @ @ @ @ from allowing indoor dining and shopping and can ’ t open schools unless they apply and receive a waiver from the state .
Ghaly told reporters the lack of updated and accurate data is problematic for counties trying to craft their own measures at the local level , and that as a result no counties are currently being added or subtracted to the list .
“ We apologize , you deserve better , the governor demands better of us and we ’ re committed to doing better , ” Ghaly said .
Critics @ @ @ @ @ @ @ rip the Democratic governor for sending out the state ’ s top doctor to break the bad news to reporters on Friday .
“ On Monday Governor Newsom admitted our Covid case data has been wrong for weeks because of a ‘ glitch.
’ He hasn ’ t been seen since , ” said Republican Assemblyman Kevin Kiley in a tweet .
Nationwide , California leads with over 541,000 confirmed cases , ahead of Florida ( 510,000 ) and Texas ( 484,000 . )
According to Johns Hopkins University , New Jersey and @ @ @ @ @ @ @ per 100,000 residents with 178 and 168 , respectively .
Ghaly ’ s admission follows a particularly bleak Thursday in Southern California , as not only did Los Angeles clear the 200,000 case mark — the most of any U.S. county — but neighboring Orange County announced a daily record of 32 deaths .
Many continue to disregard public health orders , and LA officials say they ’ ve received over 20,000 complaints of businesses along with reports of large private parties .
According to LA County Public Health Department , 27 restaurants @ @ @ @ @ @ @ gyms — have been closed for not complying with the health order as of Thursday .
Younger Californians continue to contract and spread the virus at the highest rate , with residents between the ages of 18-34 making up over one-third of the state ’ s cases .
Outbreaks have been traced to fraternity parties in Berkeley , while Los Angeles officials say they may resort to shutting off water to homes throwing large parties in the near future .
The data failure is already reverberating across the state and impacting counties ’ @ @ @ @ @ @ @ Orange County health director , said that while he ’ s confident in Ghaly ’ s explanation , his county can ’ t realistically give schools the green light until it knows just how virulent the virus remains .
“ The conversation can ’ t start until we know what our community case rate is , ” Chau said of the plans already submitted by some schools .
The persistent number of new cases and deaths in the two counties has also sparked another closure of federal courts .
The Central District of @ @ @ @ @ @ @ “ until further notice ” on Thursday .
Jury trials are suspended and civil hearings will be conducted remotely .

Acknowledging the state’s overburdened reporting system failed county health departments for weeks, California officials on Friday said despite a backlog of 300,000 coronavirus tests they remain confident in the state’s broader data and that the glitch can be quickly fixed.
SACRAMENTO, Calif. (CN) — Acknowledging the state’s overburdened reporting system failed county health departments for weeks, California officials on Friday said despite a backlog of as many as 350,000 coronavirus tests they remain confident in the state’s broader data and that the glitch can be quickly fixed.
“Our data system failed and that failure led to inaccurate case numbers and case positivity rates,” said California Health and Human Services chief Mark Ghaly.
The state’s infectious disease database backed up late last month, Ghaly said, and for a five-day stretch a large commercial lab was unable to log test results. Ghaly said he and Governor Gavin Newsom became aware of the backlog late Monday, hours after the governor touted statewide decreases in hospitalizations and new cases.
The fiasco is revealing an outdated software system buckling under the pressure of the pandemic at a time when counties are trying to figure out how and when they can start to reopen.
According to Ghaly, a server outage spurred the problem but that a fix has been identified and he estimates the backlog could be cleared in the next two days. He promised enhanced oversight over the existing program and said Newsom wants answers regarding the state’s latest tech debacle.
“Simply put, the CalREDIE system was not built for this volume of data,” Ghaly highlighted. “The governor has directed a full investigation into what happened, and we will hold people accountable.”
Of the outstanding 250,000 to 350,000 test results from California’s 58 counties, Ghaly said it’s unclear how many are actually Covid-19 related as the system receives results for other infectious diseases. However, the glitch has not impacted the state’s running death, hospitalization and intensive care totals which Ghaly says are stabilizing.
The backlog has sparked other changes as well, including a temporary pause of the state’s coronavirus monitoring list.
Nearly 40 counties making up over 95% of the state’s population are on the watchlist, based on data including the number of new infections per 100,000 residents, test positivity rate and the change in hospitalization rate, among others. Counties placed on the list are prohibited from allowing indoor dining and shopping and can’t open schools unless they apply and receive a waiver from the state.
Ghaly told reporters the lack of updated and accurate data is problematic for counties trying to craft their own measures at the local level, and that as a result no counties are currently being added or subtracted to the list.
“We apologize, you deserve better, the governor demands better of us and we’re committed to doing better,” Ghaly said.
Critics didn’t miss the chance to rip the Democratic governor for sending out the state’s top doctor to break the bad news to reporters on Friday.
“On Monday Governor Newsom admitted our Covid case data has been wrong for weeks because of a ‘glitch.’ He hasn't been seen since,” said Republican Assemblyman Kevin Kiley in a tweet.
Nationwide, California leads with over 541,000 confirmed cases, ahead of Florida (510,000) and Texas (484,000.) According to Johns Hopkins University, New Jersey and New York have registered the most deaths per 100,000 residents with 178 and 168, respectively. Reporting 142 new deaths, California joins New York and New Jersey as the only states with over death totals over 10,000. There are 5,932 Covid-19 hospitalizations and 1,345 patients in intensive care.
Ghaly’s admission follows a particularly bleak Thursday in Southern California, as not only did Los Angeles clear the 200,000 case mark — the most of any U.S. county — but neighboring Orange County announced a daily record of 32 deaths.
Many continue to disregard public health orders, and LA officials say they’ve received over 20,000 complaints of businesses along with reports of large private parties. According to LA County Public Health Department, 27 restaurants and 76 other businesses — including seven gyms — have been closed for not complying with the health order as of Thursday.
Younger Californians continue to contract and spread the virus at the highest rate, with residents between the ages of 18-34 making up over one-third of the state’s cases. Outbreaks have been traced to fraternity parties in Berkeley, while Los Angeles officials say they may resort to shutting off water to homes throwing large parties in the near future.
The data failure is already reverberating across the state and impacting counties’ pandemic responses.
Dr. Clayton Chau, Orange County health director, said that while he’s confident in Ghaly’s explanation, his county can’t realistically give schools the green light until it knows just how virulent the virus remains.
“The conversation can’t start until we know what our community case rate is,” Chau said of the plans already submitted by some schools.
The persistent number of new cases and deaths in the two counties has also sparked another closure of federal courts.
The Central District of California closed its all of its courthouses “until further notice” on Thursday. Jury trials are suspended and civil hearings will be conducted remotely.


Biometric Privacy

CHICAGO — An employee can sue White Castle for collecting her fingerprint data and disclosing it to third parties in @ @ @ @ @ Privacy Act , a federal judge ruled , even though the company began using its @ @ @ @ @ law was passed .

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


courthousenews--2020-08-08--Trump Extends Some Coronavirus Relief and Defers Payroll Tax

WASHINGTON ( CN ) — Negotiations to continue much-needed economic assistance for millions of Americans hamstrung by the Covid-19 pandemic stalled out in Congress this week prompting President Donald Trump on Saturday to attempt to bypass lawmakers by issuing a host of executive orders reinstating relief .
There are four orders .
The first directs federal unemployment insurance to be renewed at $ 400 per week , less than the current level previously agreed upon under the Cares Act at $ 600 .
Upon signing them from his country club in Bedminster , New Jersey , President Trump said “ @ @ @ @ @ @ @ an additional or extra $ 400 a week and expanded benefits , $ 400 .
That ’ s generous but we want to take care of our people.
” Trump said the federal government would pay 75 % of the benefit , leaving the states to pay for 25 % , although many states are struggling with financial difficulties due to the Covid-19 pandemic and are unlikely to have the funding to cover it .
Senate Minority Leader Chuck Schumer and Speaker of the House Nancy Pelosi were unable to strike a deal @ @ @ @ @ @ @ House chief of staff Mark Meadows on this before the benefits expired late last month .
President Trump claimed “ will take care of pretty much this entire situation , as we know it.
” Trump administration officials previously this week proposed $ 400 weekly benefits to continue for four months after coming up from their initially proposed $ 200 to $ 300 allotment .
Democrats did not budge however , sticking instead to the $ 600 allocation proposed in the $ 3 trillion Heroes Act passed by the House two months ago @ @ @ @ @ @ @ Republicans on July 27 , offered a flat $ 200 weekly benefit that would expire by the end of September and then , in October , be replaced with a 70 % federal match on wages capped at $ 500 per week .
A reporter asked the president why he chose to reduce the benefit from the previous $ 600 .
“ This is the money they need , this is the money they want , this gives them a great incentive to go back to work , ” Trump said .
The @ @ @ @ @ @ @ the extension by drawing on an $ 8 billion pool of unspent funds leftover from the last round of relief negotiations .
The president ’ s other executive orders include one that reups the moratorium on evictions previously approved under the Cares Act .
Another order signed by the president Saturday prolongs a suspension on payments for student loans , extending relief for the nearly 42 million student borrowers who collectively owe over $ 1 trillion .
The president waived interest on all federal student loans in March in a surprise announcement during @ @ @ @ @ @ @ .
This ultimately led to Democrats calling for a total waiver on all student loan payments through Sep. 30 .
During negotiations for the next round of relief over the last month , Democrats called for a waiver on all payments through Dec. 31 .
Trump ’ s order undercuts his party ’ s own proposal for student loans repayment , at least for now .
In a relief plan proposed by Senator Lamar Alexander , the Republican suggested tacking onto the Heals Act a modification to the repayment structure altogether .
Republicans @ @ @ @ @ @ @ borrowers or one that was based on their income .
Indebted students could opt to remain with their current loan agreements but if they wanted to revise them , the 10-year repayment or income-based options would be all that are available under the proposal .
And in a final order – and the one met with the most contention on Capitol Hill – President Trump unilaterally proposed a payroll tax cut .
A payroll tax is the levy on a worker ’ s paycheck for Social Security and Medicare .
When Trump first @ @ @ @ @ @ @ relief negotiations this summer it was widely unpopular with Republicans and Democrats balking in equal measure .
The GOP ultimately did not include it in any of their proposed stimulus packages .
The president noted the shaky legal ground his orders stand on .
“ If we get sued , it ’ s somebody that doesn ’ t want people to get money , ” Trump said Saturday .
“ And that ’ s not going to be a very popular thing.
” The executive branch does not have authority to interfere with @ @ @ @ @ @ @ Congress under the Constitution .
But the order does act as a sort of end-run .
According to the newly issued directive , a “ national economic emergency ” will be declared , allowing the IRS to immediately end collection on payroll taxes .
The IRS deferred tax payments once this year already because of the pandemic when it extended Tax Day from April 15 to July 15 .
Friday ’ s proposed order sets the expiration date at the end of the year .
Trump ’ s economic adviser Stephen Moore essentially @ @ @ @ @ @ @ an op-ed for the Wall Street Journal , noting one of the more unpopular aspects of the cut : leaving employees on the hook to pay those taxes later .
To avoid that , Saturday ’ s executive order includes a pledge to have the Treasury secretary find a way to “ eliminate the obligation ” to pay the deferred taxes .
Senator Ron Wyden , D-Ore. , said in a statement Saturday that a payroll tax deferral would drain funding out of Social Security .
“ This fake tax cut would also @ @ @ @ @ @ @ thought they were getting a tax cut when it was only a delay , ” he said .
“ These workers would be hit with much bigger payments down the road.
” Senate Majority Leader Chuck Schumer , a New York Democrat , said this week that if Trump issued executive orders , litigation would be likely .

Negotiations to continue much-needed economic assistance for millions of Americans hamstrung by the Covid-19 pandemic stalled out in Congress this week prompting President Donald Trump on Saturday to attempt to bypass lawmakers by issuing a host of executive orders reinstating relief.
WASHINGTON (CN) — Negotiations to continue much-needed economic assistance for millions of Americans hamstrung by the Covid-19 pandemic stalled out in Congress this week prompting President Donald Trump on Saturday to attempt to bypass lawmakers by issuing a host of executive actions reinstating relief.
There are four executive actions. The first directs an additional federal unemployment insurance benefit to be renewed at $400 per week, less than the last level previously agreed upon under the Cares Act at $600.
Upon signing them from his country club in Bedminster, New Jersey, President Trump said: "I'm taking action to provide an additional or extra $400 a week and expanded benefits, $400. That's generous but we want to take care of our people."
Trump said the federal government would pay 75% of the benefit, leaving the states to pay for 25%, although many states are struggling with financial difficulties due to the Covid-19 pandemic and are unlikely to have the funding to cover it.
Senate Minority Leader Chuck Schumer and Speaker of the House Nancy Pelosi were unable to strike a deal with Treasury Secretary Steve Mnuchin and White House chief of staff Mark Meadows on this before the benefits expired late last month.
President Trump claimed “will take care of pretty much this entire situation, as we know it.”
Trump administration officials previously this week proposed $400 weekly benefits to continue for four months after coming up from their initially proposed $200 to $300 allotment. Democrats did not budge however, sticking instead to the $600 allocation proposed in the $3 trillion Heroes Act passed by the House two months ago.
The Heals Act, introduced by Republicans on July 27, offered a flat $200 weekly benefit that would expire by the end of September and then, in October, be replaced with a 70% federal match on wages capped at $500 per week.
A reporter asked the president why he chose to reduce the benefit from the previous $600.
"This is the money they need, this is the money they want, this gives them a great incentive to go back to work," Trump said.
The unemployment insurance executive order proposes paying for the extension by drawing on an $8 billion pool of unspent funds leftover from the last round of relief negotiations.
The president’s other executive actions include one that reups the moratorium on evictions previously approved under the Cares Act.
A memorandum signed by the president Saturday prolongs a suspension on payments for student loans, extending relief for the nearly 42 million student borrowers who collectively owe over $1 trillion.
The president waived interest on all federal student loans in March in a surprise announcement during a press conference at the White House. This ultimately led to Democrats calling for a total waiver on all student loan payments through Sep. 30. During negotiations for the next round of relief over the last month, Democrats called for a waiver on all payments through Dec. 31.
Trump’s order undercuts his party’s own proposal for student loans repayment, at least for now.
In a relief plan proposed by Senator Lamar Alexander, the Republican suggested tacking onto the Heals Act a modification to the repayment structure altogether. Republicans offered a standard 10-year repayment plan for borrowers or one that was based on their income. Indebted students could opt to remain with their current loan agreements but if they wanted to revise them, the 10-year repayment or income-based options would be all that are available under the proposal.
And in a final memorandum — and the one met with the most contention on Capitol Hill — President Trump unilaterally proposed a payroll tax cut.
A payroll tax is the levy on a worker’s paycheck for Social Security and Medicare. When Trump first floated the idea at the top of relief negotiations this summer it was widely unpopular with Republicans and Democrats balking in equal measure. The GOP ultimately did not include it in any of their proposed stimulus packages.
The president noted the shaky legal ground his executive actions stand on.
"If we get sued, it's somebody that doesn't want people to get money," Trump said Saturday. "And that's not going to be a very popular thing."
The executive branch does not have authority to interfere with taxation – that is the purview of Congress under the Constitution. But the memorandum does act as a sort of end-run.
According to the newly issued directive, a “national economic emergency” will be declared, allowing the IRS to immediately end collection on payroll taxes. The IRS deferred tax payments once this year already because of the pandemic when it extended Tax Day from April 15 to July 15. Saturday’s memorandum sets the expiration date at the end of the year.
Trump’s economic adviser Stephen Moore essentially previewed the payroll tax cut in an op-ed for the Wall Street Journal, noting one of the more unpopular aspects of the cut: leaving employees on the hook to pay those taxes later.
To avoid that, Saturday’s executive action includes a pledge to have the Treasury secretary find a way to “eliminate the obligation” to pay the deferred taxes.
Senator Ron Wyden said in a statement Saturday that a payroll tax deferral would drain funding out of Social Security.
“This fake tax cut would also be a big shock to workers who thought they were getting a tax cut when it was only a delay," the Oregon Democrat said. "These workers would be hit with much bigger payments down the road."
Senate Majority Leader Chuck Schumer, a New York Democrat, said this week that if Trump issued executive orders, litigation would be likely.


courthousenews--2020-08-08--Minnesota Voters Prepared to Determine Winners in Primary

ST. PAUL , Minn. ( CN ) — Minnesota voters will go to the polls Tuesday to vote in the state ’ s primary election , though many have already done so absentee .
The late-season primary in the blue-turned-battleground state has several races to watch , and will serve as the state ’ s first taste of elections under Covid-19 .
Over 624,000 Minnesotans have requested absentee ballots for the socially-distant election as of Aug. 7 , up from only 37,000 at the same time in 2016 , according to the Minneapolis Star Tribune .
The deluge has already @ @ @ @ @ @ @ s office reported Friday that approximately 375,000 of those mail-in ballots had already been received and processed , easing but not completely alleviating concerns that results could be delayed past election night .
Minnesota is a no-excuse state for absentee voting , so many of those who plan to vote by mail would have been able to do so with no changes , but Democratic Secretary of State Steve Simon has nevertheless agreed to remove a witness requirement for mail-in ballots in both the primary and general elections .
Altered polling places and @ @ @ @ @ @ @ been points of concern for the election , bolstering calls for mail-in balloting .
While the primary includes all partisan elected offices down-ballot of the presidency , the race bound to gain the most national attention is the 5th Congressional District , where Representative Ilhan Omar faces four Democratic challengers .
Omar , who has garnered national attention as a fierce progressive and member of “ The Squad , ” has been targeted by challenger Antone Melton-Meaux for her critiques of the Israeli occupation of Palestine , a low attendance record and what @ @ @ @ @ @ @ celebrity rather than focus on her constituents .
Omar has pushed back on those contentions , pointing to her record of prolific contributions to legislation .
Her campaign has also brought attention to Melton-Meaux ’ s past as a corporate lawyer for Jackson Lewis , an employment-law firm which has faced criticism for aiding union-busting , an affront to one of the DFL ’ s major support bases .
University of Minnesota political science professor Michael Minta said he suspects Omar has the edge in the race .
“ When she ran the @ @ @ @ @ @ @ challengers in the primary , and she still won fairly convincingly , ” he said .
“ My suspicion is that she ’ s still going to pull it out , because she ’ s still more well-known.
” Polls have been sparse , but have consistently shown Omar leading , with differences in the size of that lead .
Omar started with a financing lead , but Melton-Meaux has closed the financing gap in recent months , raising $ 3.2 million from April through June while Omar raised only $ 472,000 .
@ @ @ @ @ @ @ July was met by a spate of pro-Omar ads shortly thereafter .
Both candidates have fundraised upwards of $ 4 million in total .
Both candidates have also been the subject of Federal Elections Commission complaints .
The Minnesota Democratic Farmer Labor party filed one against Melton-Meaux last week , alleging that his campaign had used shell companies to obscure the identity of political consultants aiding his campaign .
An older complaint against Omar alleges that payments to the E Street Group , a consulting firm owned by Omar ’ s now-husband , @ @ @ @ @ @ @ has had other scandals .
Omar ’ s critiques of Israel and the U.S. ’ s support of it have often wandered into anti-semitic tropes , which has drawn fire from conservatives and from Minnesota ’ s Jewish community .
Meanwhile , Melton-Meaux has faced criticism for past writings regarding Black Lives Matter and how employers should handle sexual harassment claims , writings he stood by in a recent interview .
As candidates of color in a city and time where issues of race are at the forefront of political dialogue , Omar @ @ @ @ @ @ @ from Minneapolis ’ prominent civil rights activists , with Attorney General and former 5th District Representative Keith Ellison backing Omar and onetime NAACP head Nekima Levy-Armstrong backing Melton-Meaux .
Minta said that race could come down to who turns out to vote .
Omar is popular among students , he said , many of whom may not be in the 5th District because of the pandemic .
If turnout drops in that demographic or more generally , it could create an opening for Melton-Meaux .
Ultimately , he said , one major question @ @ @ @ @ @ @ ’ t have the polling to really find out about is : how much is there discontent within the district about her policy ?
” he said .
Omar ’ s positioning as a progressive and casting of Melton-Meaux as an “ establishment ” figure means that many may see the primary as a referendum on some of the stances Omar has pushed , notably universal healthcare , a Green New Deal and measures to address economic inequality .
While news coverage has focused on them almost exclusively , Omar and Melton-Meaux aren @ @ @ @ @ @ @ race .
Three other Democrats and three Republicans are also on the ballot , though all six are considered long shots in the deep-blue Minneapolis district .
The last Republican to represent the district was Walter Judd , from 1942 to 1963 .
GOP-endorsed North Minneapolis businessman Lacy Johnson faces QAnon enthusiast Danielle Stella and former Iraqi television star Dalia Al-Aqidi , while attorney Daniel McCarthy , LGBTQ advocate John Mason and former local NAACP communication chair Les Lester , a Universal Basic Income supporter , vie against Omar and Melton-Meaux for the @ @ @ @ @ @ @ primaries will also face Michael Moore of the Legal Marijuana Now Party , one of Minnesota ’ s two major cannabis-focused parties , in the general election .
The 5th District has garnered heavy national attention , but it isn ’ t the only Minnesota race worth watching .
Collin Peterson , the longtime representative of western Minnesota ’ s sprawling 7th District and chairman of the House Agriculture Committee , has been heavily targeted by Republicans .
The 2018 victories of Republicans Jim Hagedorn and Pete Stauber in the southern 1st District @ @ @ @ @ @ @ Walz , and the northeastern 8th District left Peterson as the only rural Democratic U.S. representative in the battleground state .
Peterson , a moderate founder of the Blue Dog Coalition of right-leaning Democrats , faces two primary challengers but the GOP contest has drawn more attention .
Dave Hughes , a retired Air Force major and Peterson ’ s challenger in 2016 and 2018 , lost the Republican nomination this year to State Senator Michelle Fischbach .
Three other candidates include farmer William Louwagie , gastroenterologist Noel Collis and substitute teacher Jayesun @ @ @ @ @ @ @ the GOP state convention is contentious , with Hughes calling her a political insider and alleging that her former campaign manager jammed his phone line to prevent him from participating in virtual county conventions .
Fischbach has stressed that the campaign manager is no longer with her campaign , but said little else about it .
“ It is now a legal matter , ” she told Minnesota Public Radio .
No case regarding the allegations has yet been filed in Minnesota courts .
He has the endorsement of Donald Trump , leading @ @ @ @ @ @ @ that contest leading to a tough general election fight .
“ Hughes , he ’ s lost twice .
Gosh , ” he said .
“ I ’ d be very surprised if she doesn ’ t win the nomination.
” “ If she wins the nomination , which I think that she will , Peterson is in real trouble .
And he ’ s always in real trouble , ” he added .
“ Peterson has been able to hang on , so I wouldn ’ t count him out .
Clearly @ @ @ @ @ @ @ has the ag groups behind him.
” He pointed out that Peterson ’ s influence as Agriculture Committee chair provides value to the district , but that voters might not recognize that .
Peterson ’ s primary challengers both come from the right , including conservative food co-op organizer Alycia Gruenhagen and attorney Stephen Emery .
Other battlegrounds have quieter primaries .
In the 1st District , Hagedorn will rematch Democrat Dan Feehan in the general election , and neither has primary opponents .
Early polls show the race as a toss-up , @ @ @ @ @ @ @ compete with anti-Trump Republican Harry Welty for the chance to face Democrat Quinn Nystrom in the 8th District .
Minta said he ’ s also eyeing the suburban districts of Democrats Angie Craig and Dean Phillips , who both unseated Republican incumbents in 2018 .
While they ’ re generally regarded as safe , he said , Donald Trump ’ s vow to turn Minnesota red could impact their races .
And with Omar serving as a boogeyman for right-wing ads , suburban Republicans may be more motivated than in 2018 .
“ @ @ @ @ @ @ @ put resources into the state , I think all of these competitive races are going to be in play , ” he said .
If I ’ m Angie Craig , if I ’ m Dean Phillips , I ’ m not comfortable.
” With that in mind , he said , presidential-year elections are often a question of how excited the base is to vote , and tanking approval ratings for Trump and a worsening pandemic are not good signs for Republicans in any district .
Craig will face Republican Tyler Kistner @ @ @ @ @ @ @ primary opponents .
An early poll showed that race leaning heavily toward Craig .
Phillips , meanwhile , will have to beat Cole Young , a challenger from the left who also ran in 2018 , before facing either medical tech exec Kendall Qualls or perennial candidate Leslie Davis , who is running as a Republican despite prior involvement with the Green Party .
Democratic Senator Tina Smith and her Republican opponent Jason Lewis — the incumbent Craig unseated in 2018 — both face easier primary races .
Each has four primary opponents @ @ @ @ @ @ @ distance .
Among Smith ’ s opponents are Paula Overby , who has also run for Amy Klobuchar ’ s Senate seat as a Green Party candidate and took just under 8 % of the vote in the 2nd Congressional District in 2016 as an independent ; Steve Carlson , a self-proclaimed “ TrumpoCrat ” who has run as a Democrat and an Independence Party candidate in elections going back to at least 2010 ; and Ahmad Hassan , a Texas real estate agent who has said he was inspired to run for @ @ @ @ @ @ @ death of George Floyd despite never having lived in the state .
Lewis , meanwhile , faces Albert Lea art teacher Cynthia Gall , perennial candidate and anti-Trump Republican Bob Carney Jr. , entrepreneur James Reibestein and blogger and self-proclaimed “ Engineer & Recipient of Minnesota-certified torture ” John Berman , who also claimed in his filing statement to have farmed garlic on the alien planet of Vulcan and objected to what he said are inaccuracies in the planet ’ s depiction on the television show Star Trek .
Minta said he ’ @ @ @ @ @ @ @ primary contenders posed a serious challenge to Lewis or Smith , even considering Berman ’ s claimed endorsement from Sarak ( sic ) of Vulcan .
( Sarek of Vulcan is an interstellar diplomat and the father of First Officer Spock in the show ’ s prime continuity ) .
In any case , the winners will also face Kevin O ’ Connor of Legalize Marijuana Now and Oliver Stein of the Grassroots — Legalize Cannabis Party in the general election .

Minnesota voters will go to the polls Tuesday to vote in the state’s primary election, though many have already done so absentee. The late-season primary in the blue-turned-battleground state has several races to watch, and will serve as the state’s first taste of elections under Covid-19.
ST. PAUL, Minn. (CN) — Minnesota voters will go to the polls Tuesday to vote in the state’s primary election, though many have already done so absentee. The late-season primary in the blue-turned-battleground state has several races to watch, and will serve as the state’s first taste of elections under Covid-19.
Over 624,000 Minnesotans have requested absentee ballots for the socially-distant election as of Aug. 7, up from only 37,000 at the same time in 2016, according to the Minneapolis Star Tribune. The deluge has already begun: the Secretary of State’s office reported Friday that approximately 375,000 of those mail-in ballots had already been received and processed, easing but not completely alleviating concerns that results could be delayed past election night.
Minnesota is a no-excuse state for absentee voting, so many of those who plan to vote by mail would have been able to do so with no changes, but Democratic Secretary of State Steve Simon has nevertheless agreed to remove a witness requirement for mail-in ballots in both the primary and general elections.
Altered polling places and reduced staff for in-person voting have also been points of concern for the election, bolstering calls for mail-in balloting.
While the primary includes all partisan elected offices down-ballot of the presidency, the race bound to gain the most national attention is the 5th Congressional District, where Representative Ilhan Omar faces four Democratic challengers.
Omar, who has garnered national attention as a fierce progressive and member of “The Squad,” has been targeted by challenger Antone Melton-Meaux for her critiques of the Israeli occupation of Palestine, a low attendance record and what he has called a penchant to chase celebrity rather than focus on her constituents.
Omar has pushed back on those contentions, pointing to her record of prolific contributions to legislation. Her campaign has also brought attention to Melton-Meaux’s past as a corporate lawyer for Jackson Lewis, an employment-law firm which has faced criticism for aiding union-busting, an affront to one of the DFL’s major support bases.
University of Minnesota political science professor Michael Minta said he suspects Omar has the edge in the race. “When she ran the first time, she had some strong challengers in the primary, and she still won fairly convincingly,” he said. “My suspicion is that she’s still going to pull it out, because she’s still more well-known.”
Polls have been sparse, but have consistently shown Omar leading, with differences in the size of that lead.
Omar started with a financing lead, but Melton-Meaux has closed the financing gap in recent months, raising $3.2 million from April through June while Omar raised only $472,000. An ad rush by Melton-Meaux early in July was met by a spate of pro-Omar ads shortly thereafter. Both candidates have fundraised upwards of $4 million in total.
Both candidates have also been the subject of Federal Elections Commission complaints. The Minnesota Democratic Farmer Labor party filed one against Melton-Meaux last week, alleging that his campaign had used shell companies to obscure the identity of political consultants aiding his campaign. An older complaint against Omar alleges that payments to the E Street Group, a consulting firm owned by Omar’s now-husband, Tim Mynett, were improper.
Each has had other scandals. Omar’s critiques of Israel and the U.S.’s support of it have often wandered into anti-semitic tropes, which has drawn fire from conservatives and from Minnesota’s Jewish community. Meanwhile, Melton-Meaux has faced criticism for past writings regarding Black Lives Matter and how employers should handle sexual harassment claims, writings he stood by in a recent interview.
As candidates of color in a city and time where issues of race are at the forefront of political dialogue, Omar and Melton-Meaux have also both received endorsements from Minneapolis’ prominent civil rights activists, with Attorney General and former 5th District Representative Keith Ellison backing Omar and onetime NAACP head Nekima Levy-Armstrong backing Melton-Meaux.


courthousenews--2020-08-08--The Whims of the Working Class Could Decide Presidential Race

( CN ) — Mike Krondak has been busting his hump nearly every day of the week for upwards of three decades .
“ This body has had enough , ” he said .
Krondak , in his late 50s , works for SLC Inc. , a California-based company that specializes in the construction of cellular communication towers so critical to the wireless communication infrastructure in the United States .
He pours concrete , runs heavy machinery , digs trenches and spends his day doing the type of hard manual labor that would send most able-bodied young people to the @ @ @ @ @ @ @ “ I try and stay away from all that nonsense , ” he said .
“ It doesn ’ t interest me at all.
” Sometimes Trump will come up on the job site , but it ’ s rare .
Most of all , people are too busy for idle chit-chat .
But for all his aversion to the political fracases of the day , Krondak is a consistent voter .
He grew up in a Catholic household with a passel of older sisters who were all crazy for John F. Kennedy @ @ @ @ @ @ @ Democrats until Ronald Reagan arrived on the scene .
“ I shook off the full-on Democrat approach and started picking the president based on who is the best one , ” he said .
In 2008 , that was Barack Obama .
But come 2016 , Krondak elected to sit the whole thing out .
“ They both kind of sucked in my mind , ” he said .
But as one of the persuadable voters from the working class , Krondak is squarely in the sights of both Joe Biden ’ s @ @ @ @ @ @ @ president , as both camps attempt to craft rhetoric they think will appeal to the working man .
Perhaps chastened by Hillary Clinton ’ s poor performance in the Midwest , where Trump won traditionally blue states like Wisconsin , Michigan and Pennsylvania on his way to a decisive electoral college victory , Joe Biden has repeatedly sought to appeal to working-class people who wear boots to work .
The former vice-president spent much of the past month unfurling a three-pronged plan aimed at revitalizing the American economy with a weather eye toward @ @ @ @ @ @ @ have been shouldered out of the tech-based service-oriented economy that tends to rely on overseas manufacturing .
Biden ’ s plan , which his campaign has dubbed “ Build Back Better , ” promised a comprehensive infrastructure bill that would put Americans to work to rebuild decaying roads and bridges , while helping to refurbish America ’ s energy grid to a more clean energy-centric model .
The plan also focuses on caregiving , for children and for elderly parents , citing the immense burdens working men and women endure as they juggle @ @ @ @ @ @ @ family requirements .
But Biden has also stressed at nearly every speaking event that he wants to bring back manufacturing to America ’ s shores , saying the coronavirus pandemic has laid bare the need for America to ensure critical supply chains exist within the nation ’ s borders .
“ I do not accept the defeatist view that the forces of automation and globalization render us helpless to retain well-paid union jobs and create more of them here in America , ” Biden said .
“ I do not buy for one @ @ @ @ @ @ @ is a thing of the past.
” Erik Loomis , a professor at the University of Rhode Island who has focused on the history of labor relations in the United States , said such rhetoric is clearly aimed at appealing to American workers .
“ If you are talking to voters in Erie , Pennsylvania or Youngstown , Ohio , these are effective talking points because manufacturing jobs have not come back to those places under Trump , ” Loomis said .
So effective are the talking points , that the Trump campaign @ @ @ @ @ @ @ of Trump ’ s “ America First ” agenda and its focus on restoring American manufacturing prowess .
“ He plagiarized from me , but he could never pull it off , ” Trump told reporters at the White House In July .
“ He likes plagiarizing .
It ’ s a plan that is very radical left .
But he said the right things because he ’ s copying what I ’ ve done , but the difference is he can ’ t do it.
” Trump spent much of his campaign @ @ @ @ @ @ @ trade deals and keeping factories in America and the rhetorical outreach to the working class persisted through his presidency , with a focus on trade deals , derisive tweets lobbed towards companies that planned to move factories overseas and events at the White House for truck drivers and other blue-collar sectors .
The economy performed well during the president ’ s first three years in office with unemployment at record lows before the coronavirus hit .
Since then , the president has been playing defense on the economy and has shifted messaging away @ @ @ @ @ @ @ the culture wars , law and order , and an increase in anti-China messaging .
“ Right now , it ’ s less about class and more about race with Trump , ” said Loomis .
“ He is going to try and appeal to the working class , the whites at any rate , by demonizing China .
He is not making the same kind of explicitly working-class appeal.
” Whether or not explicit working-class appeals are effective is another question .
When asked about Biden ’ s plans for infrastructure , @ @ @ @ @ @ @ s just a ploy to get the working man under their belt in my mind , ” Krondak said .
“ Those plans don ’ t make or break what I do.
” Krondak said either candidate could sway him if they put out specific proposals about benefits that help the working man .
“ It ’ s not necessarily about wages , but I would like to see them even the playing field for the working man in terms of retirement and benefits , ” Krondak said .
He looks at his @ @ @ @ @ @ @ from his account rather than accruing .
At age 59 , Krondak isn ’ t sure how much longer his body can take the punishment that manual labor incurs .
James Morrison also works construction for SLC , although he is on the wiring side , so instead of building the towers themselves , he comes and hooks up the cellular equipment once the physical infrastructure is completed .
He , like Krondak , is suspicious of the explicitly working-class appeals floated by either candidate or any candidate for political office for that @ @ @ @ @ @ @ vote according to what is going to benefit me personally , I don ’ t think like that , ” Morrison said .
“ I don ’ t want to vote for something that might benefit me personally , but might hurt the other guy .
I want to know what are you going to do for everybody.
” Morrison , who is only 31 years old , has not voted in a presidential election , but as he matures into his responsibility as the breadwinner for his family , he is thinking @ @ @ @ @ @ @ election for the first time .
But there are a number of reasons to be skeptical that voters like Morrison will shun Trump and vote for Biden based on economic policies like infrastructure investment and taxing the rich to help fund workers ’ programs .
“ Social historians often point to the rise of the suburbs as creating a fundamental shift in the Democratic Party away from economic issues and toward social issues , thereby alienating the working class , ” Loomis said .
Timothy Lombardo , professor of history at the University @ @ @ @ @ @ @ parties have leaned more on social issues and cultural wedge issues in the elections of the recent past .
“ Since the era of Reagan Democrats , if you take out issues like abortion , gay rights , affirmative action and the like and the parties are not that different when it comes to economic models , ” Lombardo said .
But there is daylight between the economic policies offered by Biden and Trump .
Trump ’ s major legislative accomplishment in office was tax cuts for all Americans and corporations , which @ @ @ @ @ @ @ the U.S. economy until the arrival of the coronavirus .
Trump ’ s team says his brand of low taxation , a rollback of regulations , environmental and otherwise and a focus on trade deals is the true path to economic prosperity .
Biden ’ s plans , on the other hand , advocate heavy public investment and a more active role for the government in creating jobs .
Loomis is skeptical that voters are going to contrast specifics in each economic plan , noting that Hillary Clinton had detailed plans for infrastructure @ @ @ @ @ @ @ .
But polling shows that there is room for Biden to make explicit appeals to working-class voters .
A poll released in early July by the Brookings Institute showed white working-class voters under 40 are less enamored with Trump ’ s job performance than the same voter aged 40 and up .
A full 46 % of voters aged 18-39 said Trump has been a terrible president so far , compared to only 31 % of voters aged 40-64 .
The poll shows younger members of the working class have serious doubts about @ @ @ @ @ @ @ it relates to handling the coronavirus pandemic and bringing about national unity .
A separate poll , performed by the BlueGreen Alliance , queried 752 white working-class voters , or white adults without a college degree , in the battleground states of Michigan , Wisconsin , Minnesota , Pennsylvania and Ohio .
The poll found a slight majority of voters ( 51 % ) who did not vote or voted for a third-party candidate in 2016 , are unlikely to cast their vote for Trump this time around .
“ Donald Trump is @ @ @ @ @ @ @ very same voters that helped put him in the White House can help kick him out , ” said BlueGreen Alliance Executive Director Jason Walsh .
“ But , Joe Biden has to prove to these voters that he stands with him to earn their votes.
” “ He ’ s from Scranton , Pennsylvania and he ’ s been a moderate candidate his whole career , ” Loomis said .
“ So he can talk to these kinds of communities effectively.
” However , with the coronavirus pandemic still raging Biden might @ @ @ @ @ @ @ these communities in person .
For Loomis , this is not so much a setback .
“ This election is not as much about Biden as it is about Trump , ” he said .
“ The fundamental question is do you want four more years of this or not.
” For Krondak the answer is no .
He said he will not be marking the box next to Trump ’ s name this coming November despite having no particular enthusiasm for Biden .
“ Trump pisses off too many people , ” @ @ @ @ @ @ @ t like his political rapport with the heads of all the other countries .
They all think he ’ s an idiot .
Nobody likes the guy.
” It ’ s not so much a matter of economic policy for Krondak as much as it is a matter of presidential comportment .
And Krondak said Trump lacks it .
For Morrison , the comportment aspect of it doesn ’ t matter so much .
He ’ s still unsure of whether he ’ ll get in the voting booth come November , but @ @ @ @ @ @ @ the election it will likely be for Trump .
He said he blocks out all the noise surrounding the president ’ s personal style and focuses on his accomplishments .
He said he likes that the president stands up to China on trade and other issues .
“ I ’ m tired of seeing America taken advantage of by other countries , ” Morrison said .
“ I believe Trump has done a good job for this country.
” However , both men remain undecided citing the early stage of the election process @ @ @ @ @ @ @ are remotely consequential in the grand scheme .
But whatever indecision lingers , the working-class white men who are largely credited with handing Trump the Oval Office in 2016 will likely be a decisive factor in 2020 ’ s result .

The 2020 presidential election may hinge on whether Biden can convince the working-class voters that handed Trump the presidency to turn blue
(CN) — Mike Krondak has been busting his hump nearly every day of the week for upwards of three decades.
“This body has had enough,” he said.
Krondak, in his late 50s, works for SLC Inc., a California-based company that specializes in the construction of cellular communication towers so critical to the wireless communication infrastructure in the United States.
He pours concrete, runs heavy machinery, digs trenches and spends his day doing the type of hard manual labor that would send most able-bodied young people to the infirmary after a couple of days.
He doesn’t like politics.
“I try and stay away from all that nonsense,” he said. “It doesn’t interest me at all.”
Sometimes Trump will come up on the job site, but it’s rare. Most of all, people are too busy for idle chit-chat.
But for all his aversion to the political fracases of the day, Krondak is a consistent voter. He grew up in a Catholic household with a passel of older sisters who were all crazy for John F. Kennedy.
He inherited a lean toward the Democrats until Ronald Reagan arrived on the scene.
“I shook off the full-on Democrat approach and started picking the president based on who is the best one,” he said.
In 2008, that was Barack Obama. But come 2016, Krondak elected to sit the whole thing out.
“They both kind of sucked in my mind,” he said.
But as one of the persuadable voters from the working class, Krondak is squarely in the sights of both Joe Biden’s and Donald Trump’s campaign for president, as both camps attempt to craft rhetoric they think will appeal to the working man.
Perhaps chastened by Hillary Clinton’s poor performance in the Midwest, where Trump won traditionally blue states like Wisconsin, Michigan and Pennsylvania on his way to a decisive electoral college victory, Joe Biden has repeatedly sought to appeal to working-class people who wear boots to work.
The former vice-president spent much of the past month unfurling a three-pronged plan aimed at revitalizing the American economy with a weather eye toward enhancing economic opportunities for working-class people who have been shouldered out of the tech-based service-oriented economy that tends to rely on overseas manufacturing.
Biden’s plan, which his campaign has dubbed “Build Back Better,” promised a comprehensive infrastructure bill that would put Americans to work to rebuild decaying roads and bridges, while helping to refurbish America’s energy grid to a more clean energy-centric model.
The plan also focuses on caregiving, for children and for elderly parents, citing the immense burdens working men and women endure as they juggle the necessity to make a living with family requirements.
But Biden has also stressed at nearly every speaking event that he wants to bring back manufacturing to America’s shores, saying the coronavirus pandemic has laid bare the need for America to ensure critical supply chains exist within the nation’s borders.
“I do not accept the defeatist view that the forces of automation and globalization render us helpless to retain well-paid union jobs and create more of them here in America,” Biden said. “I do not buy for one second that the vitality of U.S. manufacturing is a thing of the past.”
Erik Loomis, a professor at the University of Rhode Island who has focused on the history of labor relations in the United States, said such rhetoric is clearly aimed at appealing to American workers.
“If you are talking to voters in Erie, Pennsylvania or Youngstown, Ohio, these are effective talking points because manufacturing jobs have not come back to those places under Trump,” Loomis said.


courthousenews--2020-08-08--New Fire Prevention Probation Terms Imposed on PG&E

SAN FRANCISCO ( CN ) — Pacific Gas and Electric must start tracking the age of its power components in high fire-threat areas and start replacing transmission tower components at risk of failing within 90 days under new probation terms imposed Friday .
U.S. District Judge William Alsup approved new probation conditions , which were jointly proposed by PG & E , the U.S. Attorney ’ s Office and the federal monitor overseeing its probation in June .
The new terms are far less stringent than those first imposed by Alsup in April .
The judge agreed to stay the @ @ @ @ @ @ @ filed a motion for reconsideration , arguing the new conditions would undermine wildfire safety .
On April 29 , Alsup imposed four probation terms that would have required PG & E to hire its own tree inspectors , design a new inspection system for its aging power infrastructure and videotape every equipment inspection .
During a telephonic hearing in May , PG & E laywer Kevin Orsini argued that the court lacked evidence to show such conditions would improve fire safety .
After working with federal prosecutors and the court-appointed monitor to arrive @ @ @ @ @ @ @ more feasible , PG & E submitted its proposal for three new conditions on June 24 .
A few weeks later , the California Public Utilities Commission , which regulates PG & E , told the court it did not oppose those conditions .
On Friday , Judge Alsup adopted PG & E ’ s watered-down version of the probation terms in full .
The first new condition requires PG & E to hire at least 30 new in-house managers to oversee the work of contracted tree inspectors by the end of January @ @ @ @ @ @ @ managers must be hired by the end of September .
The inspection managers will review contracted tree inspectors ’ work in the field , correct mistakes and report all problems to PG & E and the federal monitor .
The second condition requires PG & E to maintain records on the age of transmission tower components , but only those for which failure could ignite a fire in high risk areas .
The utility must search for records on the age of those pieces of equipment or estimate the age based on the @ @ @ @ @ @ @ requires PG & E to create an in-house or contracted team of transmission tower inspection supervisors to oversee in-field inspections , make two prior years of inspection reports available to post-inspection review teams starting in 2021 and change its policy to require replacing within 90 days transmission line components that have close to a 50 % chance or more of failing .
Alsup added that PG & E should not ignore replacing components that fall short of that standard .
“ Under no circumstances shall PG & E contend that the Court has @ @ @ @ @ @ @ an acceptable benchmark for replacement of cold-end hardware , ” Alsup wrote .
“ Safety requires replacement on a case-by-case basis , not just when certain cold-end hardware approaches 50 % material loss.
” In an emailed statement , PG & E spokesman James Noonan said the company shares the court ’ s goal of improving wildfire safety for the 16 million people who depend on it for electricity in Northern California .
“ We remain focused on our most important responsibility – the safety of the customers and communities we serve , @ @ @ @ @ @ @ past wildfires , ” Noonan said .
Judge Alsup is overseeing PG & E ’ s criminal probation for felony convictions related to the fatal 2010 San Bruno gas pipeline explosion .
PG & E was sentenced for six felony convictions in January 2017 .
Its five-year probation term expires in January 2022 .
PG & E emerged from 17 months of bankruptcy brought on by a potential $ 30 billion or more in wildfire liabilities on July 1 after paying $ 25.5 billion in settlements for wildfires sparked by the company ’ @ @ @ @ @ @ @ 2018 .
The California Public Utilities Commission hit PG & E with a record $ 2 billion fine in May for its role in sparking a series of destructive wildfires in 2017 and 2018 .
In June , PG & E pleaded guilty to 84 counts of manslaughter and one count of recklessly starting the Camp Fire , the most deadly and destructive fire in California history .
A Butte County grand jury investigation found the company repeatedly ignored warning signs about its antiquated power equipment , failed to learn from past tragedies @ @ @ @ @ @ @ on profits over safety .
Last month , California fire officials blamed PG & E equipment for causing the 2019 Kincade Fire , which scorched 77,000 acres in Sonoma County over 12 days , destroying 374 structures and forcing nearly 200,000 people to evacuate .

Pacific Gas and Electric must start tracking the age of its power components in high fire-threat areas and start replacing transmission tower components at risk of failing within 90 days under new probation terms imposed Friday.
SAN FRANCISCO (CN) — Pacific Gas and Electric must start tracking the age of its power components in high fire-threat areas and start replacing transmission tower components at risk of failing within 90 days under new probation terms imposed Friday.
U.S. District Judge William Alsup approved new probation conditions, which were jointly proposed by PG&E, the U.S. Attorney’s Office and the federal monitor overseeing its probation in June.
The new terms are far less stringent than those first imposed by Alsup in April. The judge agreed to stay the stricter probation requirements after PG&E filed a motion for reconsideration, arguing the new conditions would undermine wildfire safety.
On April 29, Alsup imposed four probation terms that would have required PG&E to hire its own tree inspectors, design a new inspection system for its aging power infrastructure and videotape every equipment inspection.
During a telephonic hearing in May, PG&E laywer Kevin Orsini argued that the court lacked evidence to show such conditions would improve fire safety.
After working with federal prosecutors and the court-appointed monitor to arrive at new probation terms that it considered more feasible, PG&E submitted its proposal for three new conditions on June 24. A few weeks later, the California Public Utilities Commission, which regulates PG&E, told the court it did not oppose those conditions.
On Friday, Judge Alsup adopted PG&E’s watered-down version of the probation terms in full.
The first new condition requires PG&E to hire at least 30 new in-house managers to oversee the work of contracted tree inspectors by the end of January 2021. The first 10 of those managers must be hired by the end of September. The inspection managers will review contracted tree inspectors’ work in the field, correct mistakes and report all problems to PG&E and the federal monitor.
The second condition requires PG&E to maintain records on the age of transmission tower components, but only those for which failure could ignite a fire in high risk areas. The utility must search for records on the age of those pieces of equipment or estimate the age based on the best available information.
A third condition requires PG&E to create an in-house or contracted team of transmission tower inspection supervisors to oversee in-field inspections, make two prior years of inspection reports available to post-inspection review teams starting in 2021 and change its policy to require replacing within 90 days transmission line components that have close to a 50% chance or more of failing.
Alsup added that PG&E should not ignore replacing components that fall short of that standard.
“Under no circumstances shall PG&E contend that the Court has blessed ‘approaching 50%’ as an acceptable benchmark for replacement of cold-end hardware,” Alsup wrote. “Safety requires replacement on a case-by-case basis, not just when certain cold-end hardware approaches 50% material loss.”
In an emailed statement, PG&E spokesman James Noonan said the company shares the court’s goal of improving wildfire safety for the 16 million people who depend on it for electricity in Northern California.
“We remain focused on our most important responsibility – the safety of the customers and communities we serve, and doing right by the victims of past wildfires,” Noonan said.
Judge Alsup is overseeing PG&E’s criminal probation for felony convictions related to the fatal 2010 San Bruno gas pipeline explosion. PG&E was sentenced for six felony convictions in January 2017. Its five-year probation term expires in January 2022.
PG&E emerged from 17 months of bankruptcy brought on by a potential $30 billion or more in wildfire liabilities on July 1 after paying $25.5 billion in settlements for wildfires sparked by the company’s equipment in 2015, 2017 and 2018.
The California Public Utilities Commission hit PG&E with a record $2 billion fine in May for its role in sparking a series of destructive wildfires in 2017 and 2018.
In June, PG&E pleaded guilty to 84 counts of manslaughter and one count of recklessly starting the Camp Fire, the most deadly and destructive fire in California history. A Butte County grand jury investigation found the company repeatedly ignored warning signs about its antiquated power equipment, failed to learn from past tragedies and conducted inadequate inspections as it focused on profits over safety.
Last month, California fire officials blamed PG&E equipment for causing the 2019 Kincade Fire, which scorched 77,000 acres in Sonoma County over 12 days, destroying 374 structures and forcing nearly 200,000 people to evacuate.


courthousenews--2020-08-08--11th Circuit Rules Florida School’s Transgender Bathroom Policy Unconstitutional

ATLANTA ( CN ) — A Florida school board ’ s refusal to allow a transgender boy to use the bathroom matching his gender identity was unconstitutional , the 11th Circuit ruled Friday .
In a 2-1 decision , the Atlanta-based appeals court found that the St. Johns County school board violated Nease High School graduate Drew Adams ’ civil rights by instructing Adams to use a gender neutral or girls ’ restroom and warning him that he would be subject to disciplinary action if he used the boys ’ bathroom .
“ A public school may not punish its @ @ @ @ @ @ @ a public school harm transgender students by establishing arbitrary , separate rules for their restroom use .
The evidence at trial confirms that Mr. Adams suffered both these indignities , ” U.S .
Circuit Judge Beverly Martin , a Barack Obama appointee , wrote on behalf of the majority Friday .
In a 28-page dissent in which he refers to Adams as “ a female who identifies as a male , ” U.S .
Circuit Judge William Pryor , a George W. Bush appointee , said the majority opinion “ distorts the [ @ @ @ @ @ @ @ misunderstands the legal claims asserted , and rewrites well-established precedent.
” Pryor warned that the opinion will have “ radical consequences for sex-separated bathrooms.
” The 11th Circuit ’ s ruling will affect schools in Florida , Georgia and Alabama and could lead to a Supreme Court battle over school bathroom policies .
Martin was joined in the majority by U.S .
Circuit Judge Jill Pryor , another Obama appointee .
According to the ruling , Adams , who began medically transitioning from female to male before starting high school , used the @ @ @ @ @ @ @ the ninth grade .
After two anonymous female students who saw Adams entering the restroom complained , school officials ordered him to stop .
No complaints were made by male students who shared bathroom facilities with Adams .
According to court documents , both Adams ’ Florida birth certificate and Florida driver ’ s license identify him as male .
Adams , the ruling states , felt “ alienated and humiliated ” by the school ’ s refusal to allow him to use the boys restroom .
Adams and his mother sued the @ @ @ @ @ @ @ a three-day bench trial , U.S. District Judge Timothy Corrigan issued an injunction preventing the school board from enforcing its bathroom policy against him .
The school board appealed the ruling and the 11th Circuit heard oral arguments in December .
According to Friday ’ s ruling , school administrators barred Adams from the boys ’ bathroom to enforce the school district ’ s “ unwritten bathroom policy ” requiring that students use the restroom that coincides with the sex on their enrollment documents .
But the majority ruled that the school district @ @ @ @ @ @ @ non-hypothetical privacy justification for excluding Mr. Adams from the boys ’ bathroom ” and found that the policy violated Title IX of the Education Amendments Act of 1972 and the Fourteenth Amendment ’ s equal protection guarantee .
The court ruled that the school ’ s “ policy of exclusion ” constitutes discrimination under Title IX , concluding that Title IX “ prohibits discrimination against a person because he is transgender , because this constitutes discrimination based on sex.
” The policy “ places a special burden on transgender students because their gender @ @ @ @ @ @ @ at birth , ” Martin wrote .
In his dissenting opinion , Pryor objected to the majority ’ s interpretation of Title IX , writing that sex “ unambiguously is a classification on the basis of reproductive function ” and claiming that sex “ has never meant gender identity.
” Pryor went on to argue that Congress could not have intended the term “ sex ” to include gender identity when the law was enacted in 1972 because the medical community at that time “ was firmly opposed to sex reassignment surgery.
” @ @ @ @ @ @ @ status , which even the medical community saw as a departure from the norm , as altering the norm itself among the general public , ” Pryor wrote .
The majority also found that the school board failed to demonstrate any relationship between excluding Adams from the boys ’ restrooms and protecting the privacy of other students .
“ Simply put , the School Board singled out Mr. Adams ’ s use of the restroom as problematic , without showing that Adams did , in fact , flout or compromise the privacy of @ @ @ @ @ @ @ boys ’ restroom , ” Martin wrote .
The majority opinion states that the policy “ advances gender stereotypes by deeming Mr. Adams ‘ truly ’ female , even though he produced legal and medical documentation showing he was male ” and “ treats transgender students like Mr. Adams differently because they fail to conform to gender stereotypes.
” Pryor warned that the majority opinion could have dire legal consequences , saying , “ Anyone can take advantage of the majority ’ s demolition of sex-specific bathroom privacy.
” “ The majority does @ @ @ @ @ @ @ this appeal from one that challenges sex-separated bathrooms and locker rooms .
It only insists that the issue is not before it .
But do not be fooled : future plaintiffs can still leverage the majority ’ s narrow view of privacy , ” Pryor wrote .
“ Ultimately , if the privacy interest at stake is untethered from using the bathroom away from the opposite sex or from biological differences between the sexes , then no justification exists for separating bathrooms—or any related facility—by sex .
”

A Florida school board’s refusal to allow a transgender boy to use the bathroom matching his gender identity was unconstitutional, the 11th Circuit ruled Friday.
ATLANTA (CN) — A Florida school board’s refusal to allow a transgender boy to use the bathroom matching his gender identity was unconstitutional, the 11th Circuit ruled Friday.
In a 2-1 decision, the Atlanta-based appeals court found that the St. Johns County school board violated Nease High School graduate Drew Adams’ civil rights by instructing Adams to use a gender neutral or girls’ restroom and warning him that he would be subject to disciplinary action if he used the boys’ bathroom.
“A public school may not punish its students for gender nonconformity. Neither may a public school harm transgender students by establishing arbitrary, separate rules for their restroom use. The evidence at trial confirms that Mr. Adams suffered both these indignities,” U.S. Circuit Judge Beverly Martin, a Barack Obama appointee, wrote on behalf of the majority Friday.
In a 28-page dissent in which he refers to Adams as “a female who identifies as a male,” U.S. Circuit Judge William Pryor, a George W. Bush appointee, said the majority opinion “distorts the [school board’s] policy, misunderstands the legal claims asserted, and rewrites well-established precedent.”
Pryor warned that the opinion will have “radical consequences for sex-separated bathrooms.”
The 11th Circuit’s ruling will affect schools in Florida, Georgia and Alabama and could lead to a Supreme Court battle over school bathroom policies.
Martin was joined in the majority by U.S. Circuit Judge Jill Pryor, another Obama appointee.
According to the ruling, Adams, who began medically transitioning from female to male before starting high school, used the boys’ restroom for six weeks during the ninth grade. After two anonymous female students who saw Adams entering the restroom complained, school officials ordered him to stop.
No complaints were made by male students who shared bathroom facilities with Adams.
According to court documents, both Adams’ Florida birth certificate and Florida driver’s license identify him as male.
Adams, the ruling states, felt “alienated and humiliated” by the school’s refusal to allow him to use the boys restroom.
Adams and his mother sued the school board in June 2017. After a three-day bench trial, U.S. District Judge Timothy Corrigan issued an injunction preventing the school board from enforcing its bathroom policy against him.
The school board appealed the ruling and the 11th Circuit heard oral arguments in December.
According to Friday’s ruling, school administrators barred Adams from the boys’ bathroom to enforce the school district’s “unwritten bathroom policy” requiring that students use the restroom that coincides with the sex on their enrollment documents.
But the majority ruled that the school district failed to show a “genuine, non-hypothetical privacy justification for excluding Mr. Adams from the boys’ bathroom” and found that the policy violated Title IX of the Education Amendments Act of 1972 and the Fourteenth Amendment’s equal protection guarantee.
The court ruled that the school’s “policy of exclusion” constitutes discrimination under Title IX, concluding that Title IX “prohibits discrimination against a person because he is transgender, because this constitutes discrimination based on sex.”
The policy “places a special burden on transgender students because their gender identity does not match their sex assigned at birth,” Martin wrote.
In his dissenting opinion, Pryor objected to the majority’s interpretation of Title IX, writing that sex “unambiguously is a classification on the basis of reproductive function” and claiming that sex “has never meant gender identity.”
Pryor went on to argue that Congress could not have intended the term “sex” to include gender identity when the law was enacted in 1972 because the medical community at that time “was firmly opposed to sex reassignment surgery.”
“It is untenable to construe transgender status, which even the medical community saw as a departure from the norm, as altering the norm itself among the general public,” Pryor wrote.
The majority also found that the school board failed to demonstrate any relationship between excluding Adams from the boys’ restrooms and protecting the privacy of other students.
“Simply put, the School Board singled out Mr. Adams’s use of the restroom as problematic, without showing that Adams did, in fact, flout or compromise the privacy of other boys when he was in the boys’ restroom,” Martin wrote.
The majority opinion states that the policy “advances gender stereotypes by deeming Mr. Adams ‘truly’ female, even though he produced legal and medical documentation showing he was male” and “treats transgender students like Mr. Adams differently because they fail to conform to gender stereotypes.”
Pryor warned that the majority opinion could have dire legal consequences, saying, “Anyone can take advantage of the majority’s demolition of sex-specific bathroom privacy.”
“The majority does not offer a meaningful way to distinguish this appeal from one that challenges sex-separated bathrooms and locker rooms. It only insists that the issue is not before it. But do not be fooled: future plaintiffs can still leverage the majority’s narrow view of privacy,” Pryor wrote.
“Ultimately, if the privacy interest at stake is untethered from using the bathroom away from the opposite sex or from biological differences between the sexes, then no justification exists for separating bathrooms — or any related facility — by sex.”