courthousenews--2020-09-22--Nicotine Giants Fight RICO Claims in Sprawling E-Cigarette Class Action

SAN FRANCISCO ( CN ) — Lawyers for nicotine giants Juul and Altria pulled out all the stops Monday to defeat a multidistrict class action claiming they conspired to get young people hooked on addictive e-cigarettes with deceptive ads and marketing campaigns .
Arguing in a virtual courtroom Monday , Juul attorney Gregory Stone of Munger Tolles & Olson said his client can ’ t be held liable for violating state consumer protection laws because that would interfere with the U.S. Food and Drug Administration ’ s exclusive power to regulate nicotine products .
“ The claim that you should @ @ @ @ @ @ @ with the FDA ’ s unitary and uniform review , ” Stone told U.S. District Judge William Orrick III during a five-hour hearing .
In 2016 , the FDA classified e-cigarettes as tobacco products subject to its jurisdiction .
After initially giving companies until 2018 to apply for review of e-cigarette products , the FDA in 2017 extended that deadline to Aug. 8 , 2022 .
A federal judge in Maryland moved that deadline up to May 2020 after finding the FDA was violating the law by letting e-cigarettes enter the market without @ @ @ @ @ @ @ one-year deadline for the FDA to review the applications .
Plaintiffs say Juul failed to warn consumers that its e-cigarette products were highly addictive and that the company falsely claimed in ads and labels that its prefilled pods contained 5 % nicotine , the same amount in a pack of cigarettes , when the pods actually contained much higher levels .
Stone argued that Juul and its executives can ’ t be sued for those alleged violations because the FDA decided not to impose more stringent requirements on Juul ’ s advertising and @ @ @ @ @ @ @ health warnings , ” Stone said .
“ If FDA determines the 5 % nicotine is an accurate statement , then the claims that it should say 6.2 % instead of 5 % are preempted.
” Plaintiffs also claim Juul gave consumers a false impression that vape pens could help them break their nicotine addictions and quit smoking , even though Juul pods are “ at least as , if not more , addictive than combustible cigarettes.
” Stone said the FDA recognized vape pens could help cigarette smokers switch to a “ @ @ @ @ @ @ @ contain toxic byproducts such as tar and carbon monoxide .
“ That ’ s exactly what the FDA was trying to do in making this an alternative , ” Stone said .
Juul ’ s vaping pods don ’ t contain tar , but e-cigarettes do contain substances that have been linked to a higher risk of cancer , and experts say more study is needed to determine their true impact on human health .
Arguing for the plaintiffs , attorney Andrew Kaufman of Lief Cabraser Heimann & Bernstein insisted state law claims @ @ @ @ @ @ @ preempted because the Tobacco Control Act contains a specific carveout for product liability claims .
He urged Judge Orrick to reject Juul ’ s argument that Congress never intended to make a carveout for state law claims because that would contradict the purpose of the statute — to federally regulate tobacco products .
“ It was perfectly reasonable for Congress to create a backstop for compensation for people injured by tobacco products , ” Kaufman said .
The plaintiffs also claim that Juul , its executives and board members conspired with Juul ’ @ @ @ @ @ @ @ Philip Morris USA , to deceptively target young people and create a new generation of nicotine addicts .
They say those defendants worked together to commit mail and wire fraud in violation of the Racketeer Influenced and Corrupt Organizations ( RICO ) Act .
Defense lawyers say statements Juul and Altria made to the FDA or Congress can ’ t be used against them as evidence of fraud because lobbying speech is protected by the First Amendment under the Noerr-Pennington Doctrine established by two Supreme Court decisions .
Plaintiffs say a “ sham @ @ @ @ @ @ @ They cite Altria ’ s October 2018 letter to the FDA saying it had “ serious concerns ” about youth access to vaping products .
In that letter , Altria vowed to take its pod-based e-cigarette products off the market .
But Altria failed to mention at the time that it was finalizing a deal to invest $ 12 billion in Juul , making it the company ’ s largest investor .
“ To say we ’ re going to take our pod-based products off the market without disclosing the investment was misleading @ @ @ @ @ @ @ of Tycko & Zavareei said .
Before the five-hour virtual hearing Monday , Judge Orrick issued a tentative ruling stating he was inclined to mostly deny the nicotine giants ’ motions to dismiss consumer class action claims and dozens of other lawsuits brought by government entities , including the city of Denver and multiple school districts .
Orrick said he was likely to reject arguments that state laws in Arizona , California , Florida , Pennsylvania and New York bar local governments from suing to recover the cost of public services provided to @ @ @ @ @ @ @ public nuisance exception applies to those claims .
“ It is foreseeable that school districts would bear the costs of combating a youth e-cigarette crisis allegedly created by [ Juul ] ’ s conduct in designing a product that appealed to young users and marketing it directly to youth , ” Orrick wrote in his tentative ruling .

Lawyers for nicotine giants Juul and Altria pulled out all the stops Monday to defeat a multidistrict class action claiming they conspired to get young people hooked on addictive e-cigarettes with deceptive ads and marketing campaigns.
SAN FRANCISCO (CN) — Lawyers for nicotine giants Juul and Altria pulled out all the stops Monday to defeat a multidistrict class action claiming they conspired to get young people hooked on addictive e-cigarettes with deceptive ads and marketing campaigns.
Arguing in a virtual courtroom Monday, Juul attorney Gregory Stone of Munger Tolles & Olson said his client can’t be held liable for violating state consumer protection laws because that would interfere with the U.S. Food and Drug Administration’s exclusive power to regulate nicotine products.
“The claim that you should apply state laws will be totally inconsistent with the FDA’s unitary and uniform review,” Stone told U.S. District Judge William Orrick III during a five-hour hearing.
In 2016, the FDA classified e-cigarettes as tobacco products subject to its jurisdiction. After initially giving companies until 2018 to apply for review of e-cigarette products, the FDA in 2017 extended that deadline to Aug. 8, 2022. A federal judge in Maryland moved that deadline up to May 2020 after finding the FDA was violating the law by letting e-cigarettes enter the market without prior review. The judge set a one-year deadline for the FDA to review the applications.
Plaintiffs say Juul failed to warn consumers that its e-cigarette products were highly addictive and that the company falsely claimed in ads and labels that its prefilled pods contained 5% nicotine, the same amount in a pack of cigarettes, when the pods actually contained much higher levels.
Stone argued that Juul and its executives can’t be sued for those alleged violations because the FDA decided not to impose more stringent requirements on Juul’s advertising and labeling.
“The FDA considered broader health warnings,” Stone said. “If FDA determines the 5% nicotine is an accurate statement, then the claims that it should say 6.2% instead of 5% are preempted.”
Plaintiffs also claim Juul gave consumers a false impression that vape pens could help them break their nicotine addictions and quit smoking, even though Juul pods are “at least as, if not more, addictive than combustible cigarettes.”
Stone said the FDA recognized vape pens could help cigarette smokers switch to a “less harmful” product that does not contain toxic byproducts such as tar and carbon monoxide.
“That’s exactly what the FDA was trying to do in making this an alternative,” Stone said.
Juul’s vaping pods don’t contain tar, but e-cigarettes do contain substances that have been linked to a higher risk of cancer, and experts say more study is needed to determine their true impact on human health.
Arguing for the plaintiffs, attorney Andrew Kaufman of Lief Cabraser Heimann & Bernstein insisted state law claims against Juul and its co-defendants are not preempted because the Tobacco Control Act contains a specific carveout for product liability claims. He urged Judge Orrick to reject Juul’s argument that Congress never intended to make a carveout for state law claims because that would contradict the purpose of the statute — to federally regulate tobacco products.
“It was perfectly reasonable for Congress to create a backstop for compensation for people injured by tobacco products,” Kaufman said.
The plaintiffs also claim that Juul, its executives and board members conspired with Juul’s largest investor Altria, owner of Philip Morris USA, to deceptively target young people and create a new generation of nicotine addicts. They say those defendants worked together to commit mail and wire fraud in violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act.
Defense lawyers say statements Juul and Altria made to the FDA or Congress can’t be used against them as evidence of fraud because lobbying speech is protected by the First Amendment under the Noerr-Pennington Doctrine established by two Supreme Court decisions.
Plaintiffs say a “sham exception” applies to that rule. They cite Altria’s October 2018 letter to the FDA saying it had “serious concerns” about youth access to vaping products. In that letter, Altria vowed to take its pod-based e-cigarette products off the market.
But Altria failed to mention at the time that it was finalizing a deal to invest $12 billion in Juul, making it the company’s largest investor.
“To say we’re going to take our pod-based products off the market without disclosing the investment was misleading,” plaintiffs’ attorney Sabita Soneji of Tycko & Zavareei said.
Before the five-hour virtual hearing Monday, Judge Orrick issued a tentative ruling stating he was inclined to mostly deny the nicotine giants’ motions to dismiss consumer class action claims and dozens of other lawsuits brought by government entities, including the city of Denver and multiple school districts.
Orrick said he was likely to reject arguments that state laws in Arizona, California, Florida, Pennsylvania and New York bar local governments from suing to recover the cost of public services provided to residents. The judge wrote that a public nuisance exception applies to those claims.
“It is foreseeable that school districts would bear the costs of combating a youth e-cigarette crisis allegedly created by [Juul]’s conduct in designing a product that appealed to young users and marketing it directly to youth,” Orrick wrote in his tentative ruling.


courthousenews--2020-09-21--California Courts Covid Update

California Courts Covid Update

Sept. 17 , 2020 : Services that are available during pandemic Sept. 18 , 2020 : Order # 41 regarding @ @ @ @ @ 15 , 2020 : Protocols for Criminal operations during the pandemic Sept. 14 , 2020 @ @ @ @ @ with some restrictions , effective Sept. 14 Sept. 14 , 2020 : Reopening of Southern @ @ @ @ @ effective Sept. 14 Sept. 21 , 2020 : Council considers funding technology initiatives to expand @ @ @ @ @ its Sept. 25 meeting

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


courthousenews--2020-09-21--Outdated Tech Blamed for California’s Bungling of Jobless Claims

SACRAMENTO , Calif. ( CN ) — Blaming outdated technology for California ’ s letdown of jobless residents in the midst of a pandemic , California Governor Gavin Newsom on Monday said changes underway at the state Employment Development Department should clear an alarming 600,000-case backlog by January .
Newsom said the seeds for the current failures were planted under former governors and that California — along with the nation as a whole — must “ reimagine ” its information technology systems .
“ We inherited an old , dilapidated system not dissimilar to many other states in this country @ @ @ @ @ @ @ conference .
“ It ’ s a wake-up call for this nation , not just the state of California , to substantially make progress in terms of large-scale IT procurement.
” Swamped by millions of legitimate and fraudulent unemployment claims , the department has buckled , leaving scores of Californians without an income over the last six months .
Unable to keep pace with widespread layoffs and double-digit jobless rates , the department ’ s inability to provide unemployment benefits has tarnished the Newsom administration ’ s pandemic response .
State lawmakers have @ @ @ @ @ @ @ blast it for creating a backlog that is growing by at least 10,000 claims per day .
“ Many of the people in my district have had no income , no income since March , ” said Assemblyman Tom Lackey during an emergency oversight hearing in July .
“ I don ’ t think government has ever looked more broken than it has right now.
” The Legislature has since approved a state audit of the department , expected to begin this month .
The bipartisan pressure from the Legislature spurred Newsom to @ @ @ @ @ @ @ to identify and propose fixes for the department ’ s embarrassing shortcomings .
The strike team ’ s much anticipated findings were released shrewdly over the weekend in a late-evening news dump .
In a 109-page report , the strike team urges the department to immediately stop processing new claims until Oct. 5 and implement a new system that will more quickly and accurately authenticate claimants ’ IDs .
The report also recommends the department shift its most experienced employees to complicated cases and make it easier for people to access and submit @ @ @ @ @ @ @ may take several more months , the report says the department should be able to get back on track by the end of January .
“ When the strike team started , the backlog was growing unbounded .
Soon the growth will stop , and while there is much work left to do , this year and for many years in the future , the department now has new tools to help them understand and manage down the backlog , ” the report states .
The announcement of the two-week pause and the @ @ @ @ @ @ @ t sit well with either Democrats or Republicans .
“ The report revealed that at least 1.6 million Californians and counting have unfulfilled benefits claims , ” said Assemblyman David Chiu , D-San Francisco .
“ I am concerned this is too little , too late.
” Republican state Senator Melissa Melendez , who along with others pushed for an investigation into the department , was also unhappy with the new timeline touted by Newsom and the strike team .
“ Californians deserve better than the crumbs this governor is throwing them , @ @ @ @ @ @ @ Since the pandemic began , the state has processed a staggering 13 million claims totaling over $ 86 billion .
The number of processed claims in 2020 more than triple the yearly high-water mark of the Great Recession .
Aside from inferior technology slowing cases , the report contends workers have been forced to dedicate an inordinate amount of time fighting fraud and identity theft .
Opportunistic organized crime rings have targeted California in recent months and the department says its investigations have led to dozens of arrests since August , most notably @ @ @ @ @ @ @ allegedly took the state for over $ 2.5 million .
The department says the suspects were mostly from out-of-state and used the debit cards to eat at fancy restaurants and rent luxury cars .
By updating its identity authentication process , the task force says legitimate claims won ’ t get pushed aside by distracted employees as often as they currently are .
Newsom hopes the report will lead to the department gaining back the trust of Californians in the near future .
“ We ’ ll be transparent with you and others @ @ @ @ @ @ @ weeks , not waiting months for the results of these efforts , ” Newsom said .

Blaming outdated technology for California’s letdown of jobless residents in the midst of a pandemic, California Governor Gavin Newsom on Monday said changes underway at the state Employment Development Department should clear an alarming 600,000-case backlog by January.
SACRAMENTO, Calif. (CN) — Blaming outdated technology for California’s letdown of jobless residents in the midst of a pandemic, California Governor Gavin Newsom on Monday said changes underway at the state Employment Development Department should clear an alarming 600,000-case backlog by January.
Newsom said the seeds for the current failures were planted under former governors and that California — along with the nation as a whole — must “reimagine” its information technology systems.
“We inherited an old, dilapidated system not dissimilar to many other states in this country,” Newsom said during a press conference. “It’s a wake-up call for this nation, not just the state of California, to substantially make progress in terms of large-scale IT procurement.”
Swamped by millions of legitimate and fraudulent unemployment claims, the department has buckled, leaving scores of Californians without an income over the last six months. Unable to keep pace with widespread layoffs and double-digit jobless rates, the department’s inability to provide unemployment benefits has tarnished the Newsom administration’s pandemic response.
State lawmakers have lost patience with the department and routinely blast it for creating a backlog that is growing by at least 10,000 claims per day.
“Many of the people in my district have had no income, no income since March,” said Assemblyman Tom Lackey during an emergency oversight hearing in July. “I don’t think government has ever looked more broken than it has right now.”
The Legislature has since approved a state audit of the department, expected to begin this month.
The bipartisan pressure from the Legislature spurred Newsom to hire an independent “strike team” to identify and propose fixes for the department’s embarrassing shortcomings. The strike team’s much anticipated findings were released shrewdly over the weekend in a late-evening news dump.
In a 109-page report, the strike team urges the department to immediately stop processing new claims until Oct. 5 and implement a new system that will more quickly and accurately authenticate claimants’ IDs. The report also recommends the department shift its most experienced employees to complicated cases and make it easier for people to access and submit forms from their cellphones.
Though it may take several more months, the report says the department should be able to get back on track by the end of January.
“When the strike team started, the backlog was growing unbounded. Soon the growth will stop, and while there is much work left to do, this year and for many years in the future, the department now has new tools to help them understand and manage down the backlog,” the report states.
The announcement of the two-week pause and the unveiling of the massive backlog didn’t sit well with either Democrats or Republicans.
“The report revealed that at least 1.6 million Californians and counting have unfulfilled benefits claims,” said Assemblyman David Chiu, D-San Francisco. “I am concerned this is too little, too late.”
Republican state Senator Melissa Melendez, who along with others pushed for an investigation into the department, was also unhappy with the new timeline touted by Newsom and the strike team.
“Californians deserve better than the crumbs this governor is throwing them,” Melendez said in a tweet.
Since the pandemic began, the state has processed a staggering 13 million claims totaling over $86 billion. The number of processed claims in 2020 more than triple the yearly high-water mark of the Great Recession.
Aside from inferior technology slowing cases, the report contends workers have been forced to dedicate an inordinate amount of time fighting fraud and identity theft.
Opportunistic organized crime rings have targeted California in recent months and the department says its investigations have led to dozens of arrests since August, most notably an incident in Beverly Hills where fraudsters allegedly took the state for over $2.5 million. The department says the suspects were mostly from out-of-state and used the debit cards to eat at fancy restaurants and rent luxury cars.
By updating its identity authentication process, the task force says legitimate claims won’t get pushed aside by distracted employees as often as they currently are.
Newsom hopes the report will lead to the department gaining back the trust of Californians in the near future.
“We’ll be transparent with you and others in real time over the course of weeks, not waiting months for the results of these efforts,” Newsom said.


Not So Peachy

MANHATTAN — Claiming her endorsement made Just Peachy wine a success , former “ Real Housewives of Atlanta ” star @ @ @ @ @ federal complaint that Wine Biagio Cru and Estate Wines hasn ’ t paid her since @ @ @ @ @ support of Black Lives Matter “ too slanted .
”


courthousenews--2020-09-21--Voting-Rights Lawsuits Explode as 2020 Election Kicks Into High Gear

( CN ) — A record-breaking number of voting rights lawsuits have been filed in the lead-up to the November election , with 82 % more cases filed this year compared to the same time during the last presidential election , according to a new report Monday .
The Transactional Records Access Clearinghouse at Syracuse University found voting rights filings for the last six months have far surpassed the number of similar lawsuits filed during the same time leading up to the 2016 presidential election .
During the last six months , 155 voting rights lawsuits have been filed in @ @ @ @ @ @ @ such cases during the same time in 2016 .
Compared to 47 voting rights suits filed during the lead-up to the 2018 election , this year ’ s pace of filings is more than three times greater , according to TRAC .
The last six months have seen the highest amount of voting rights lawsuits since TRAC began tracking federal civil litigation in October 2007 .
The Northern District of Georgia ( Atlanta ) has seen the greatest number of voting rights lawsuits , with 15 filed in the past year .
Last @ @ @ @ @ @ @ of the cases denied a voting rights group ’ s request for an order barring Georgia election officials from requiring voters to pay for their own postage on absentee ballots .
The decision followed a record-breaking June primary where more than 1.1 million Georgians voted by mail .
In an interview , TRAC co-director and Syracuse University statistician Susan Long said the “ Northern District of Georgia from 2008 to 2016 was by no means a leader in the amount of litigation going on then compared to now.
” Right behind the Northern @ @ @ @ @ @ @ of Michigan ( Detroit ) with 13 voting rights lawsuits filed this fiscal year .
The Western District of Texas ( San Antonio ) has had 10 voting rights lawsuits this year , while Arizona has had eight and the Southern District of New York ( Manhattan ) has seen seven .
The District of Columbia had the largest volume of lawsuits relative to its population size at six .
Eliza Sweren-Becker , counsel of NYU Law ’ s Brennan Center for Justice Democracy Program , said in an interview voting rights lawsuits @ @ @ @ @ @ @ the Covid-19 pandemic .
“ Conducting an election in a pandemic was not factored during the creation of election rules and budgets , ” Sweren-Becker said .
Many of the lawsuits have challenged state election rules which prove burdensome to comply with during social distancing measures necessary to prevent the spread of coronavirus , Sweren-Becker said .
She noted notary or third-party witness signature requirements to validate absentee ballots before they can be submitted are one such burden being challenged in the courts .
Sweren-Becker also pointed out legal challenges brought over ballot @ @ @ @ @ @ @ of ballots were rejected during primaries this year due to late arrivals — through no fault of the voters and despite the U.S .
Postal Service ’ s warnings of mail lag times .
“ The experience of the pandemic has shown some of these rules are truly unnecessary .
Many states do not implement them and they run elections successfully with no real claims to the integrity of their elections , ” Sweren-Becker said .
Another trend this year has been the litigation by the Trump administration challenging states ’ efforts to @ @ @ @ @ @ @ a remarkable effort at trying to suppress the vote by challenging the integrity of mail voting without any real evidence to establish these false claims of voter fraud the president makes both on Twitter and in legal briefs , ” Sweren-Becker said , pointing out Justice Department legal challenges have been tossed for failing to cite evidence of any actual fraud .
“ The lawsuits are intended to create the impression there is something wrong with mail voting and that ’ s flatly not the case , ” Sweren-Becker said .

A record-breaking number of voting rights lawsuits have been filed in the lead-up to the November election, with 82% more cases filed this year compared to the same time during the last presidential election, according to a new report Monday.
(CN) — A record-breaking number of voting rights lawsuits have been filed in the lead-up to the November election, with 82% more cases filed this year compared to the same time during the last presidential election, according to a new report Monday.
The Transactional Records Access Clearinghouse at Syracuse University found voting rights filings for the last six months have far surpassed the number of similar lawsuits filed during the same time leading up to the 2016 presidential election.
During the last six months, 155 voting rights lawsuits have been filed in courts across the country compared with 85 such cases during the same time in 2016.
Compared to 47 voting rights suits filed during the lead-up to the 2018 election, this year’s pace of filings is more than three times greater, according to TRAC.
The last six months have seen the highest amount of voting rights lawsuits since TRAC began tracking federal civil litigation in October 2007.
The Northern District of Georgia (Atlanta) has seen the greatest number of voting rights lawsuits, with 15 filed in the past year.
Last month, a federal judge in one of the cases denied a voting rights group’s request for an order barring Georgia election officials from requiring voters to pay for their own postage on absentee ballots.
The decision followed a record-breaking June primary where more than 1.1 million Georgians voted by mail.
In an interview, TRAC co-director and Syracuse University statistician Susan Long said the “Northern District of Georgia from 2008 to 2016 was by no means a leader in the amount of litigation going on then compared to now.”
Right behind the Northern District of Georgia is the Eastern District of Michigan (Detroit) with 13 voting rights lawsuits filed this fiscal year.
The Western District of Texas (San Antonio) has had 10 voting rights lawsuits this year, while Arizona has had eight and the Southern District of New York (Manhattan) has seen seven.
The District of Columbia had the largest volume of lawsuits relative to its population size at six.
Eliza Sweren-Becker, counsel of NYU Law’s Brennan Center for Justice Democracy Program, said in an interview voting rights lawsuits this year have largely been spurred by the Covid-19 pandemic.
“Conducting an election in a pandemic was not factored during the creation of election rules and budgets,” Sweren-Becker said.
Many of the lawsuits have challenged state election rules which prove burdensome to comply with during social distancing measures necessary to prevent the spread of coronavirus, Sweren-Becker said.
She noted notary or third-party witness signature requirements to validate absentee ballots before they can be submitted are one such burden being challenged in the courts.
Sweren-Becker also pointed out legal challenges brought over ballot receipt deadlines, where hundreds of thousands of ballots were rejected during primaries this year due to late arrivals — through no fault of the voters and despite the U.S. Postal Service’s warnings of mail lag times.
“The experience of the pandemic has shown some of these rules are truly unnecessary. Many states do not implement them and they run elections successfully with no real claims to the integrity of their elections,” Sweren-Becker said.
Another trend this year has been the litigation by the Trump administration challenging states’ efforts to expand mail voting.
“This is a remarkable effort at trying to suppress the vote by challenging the integrity of mail voting without any real evidence to establish these false claims of voter fraud the president makes both on Twitter and in legal briefs,” Sweren-Becker said, pointing out Justice Department legal challenges have been tossed for failing to cite evidence of any actual fraud.
“The lawsuits are intended to create the impression there is something wrong with mail voting and that’s flatly not the case,” Sweren-Becker said.


courthousenews--2020-09-21--Biden Traces Trump Blunders as Nation Eclipses 200,000 Virus Deaths

MANITOWOC , Wis. ( CN ) — Returning to Wisconsin Monday afternoon , Joe Biden castigated presidential opponent Donald Trump for his response to the Covid-19 pandemic and pitched a vision of what economic recovery might look like .
After an introduction from the mayor of Manitowoc , Wisconsin , at the Green Bay exurb ’ s Wisconsin Aluminum Foundry , Biden led off a speech with no audience , mourning what he called “ a tragic milestone ” in the pandemic : 200,000 nationwide coronavirus deaths .
“ What worries me now is that we ’ ve been living @ @ @ @ @ @ @ I worry we ’ re risking becoming numb to the toll it has taken , ” he said .
“ We can ’ t let that happen .
We can ’ t lose the ability to feel the sorrow , and loss.
” The Democratic contender placed blame for the deaths squarely on Trump , and warned of more to come .
“ We could be looking at between 178– and 200,000 lives lost , and all the president does is deliberately change the subject , ” Biden continued , referencing news reports @ @ @ @ @ @ @ watched him hold an indoor rally with thousands of people , many of them not wearing masks despite the clear evidence that we ’ re putting every one of those lives at risk.
” Trump held that rally last week in Nevada , openly defying the measures local authorities had put in place to curb coronavirus transmission .
While Biden ’ s half-hour speech was made to a camera rather than host a crowd of supporters , Trump has made a point of holding hundreds-strong rallies with few measures in place to protect @ @ @ @ @ @ @ president pivoted in his speech from the coronavirus to a criticism of Trump ’ s economic policies , which he derided as serving the extremely wealthy at the expense of workers .
Lambasting Trump ’ s “ tough ” stance on trade , Biden said only a few wealthy companies had reaped the benefits amid his opponent ’ s failure to plug the flow of manufacturing jobs to China .
Biden additionally underscored New York Times reporting that Trump apparently torpedoed a drug-price deal with pharmaceutical companies by demanding that drugmakers send seniors @ @ @ @ @ @ @ his name on them in an apparent bid to buy votes .
And the former vice president found more ammunition in Trump ’ s plan to lower the capital gains tax at a cost of $ 30 million .
“ The tax rate all of you pay in here is going to be higher than billionaires who make all of their money on investments , ” Biden said .
“ Trump ’ s tax cut for the wealthy is going to cost billions of dollars a year , and whose hide does it @ @ @ @ @ @ @ of your hide .
“ The simple truth is that Donald Trump ran for office saying that he would represent the forgotten man and woman of this country .
And once he got into office , he forgot us.
” Biden played up his working-class background throughout the speech , frequently referencing his upbringing in Scranton , Pennsylvania , and at one point quoting media reports about his standing as the first Democratic candidate since 1984 without an Ivy League degree .
“ You close the door on me , because you think @ @ @ @ @ @ @ guess what— I ’ m going to bust down that door , ” he said .
“ It ’ s about time that a state school president sat in the Oval Office .
Because you know what , if I ’ m sitting there , you ’ re going to be sitting there too.
” Wisconsin is a major battleground in the presidential campaign after its 2016 endorsement of Trump ended a blue streak that lasted 32 years .
Biden has visited the Badger State twice this campaign ; an early September trip @ @ @ @ @ @ @ , where he visited with the family of Jacob Blake .
Blake ’ s shooting by Kenosha police less than two weeks prior sparked widespread social unrest .
Biden has consistently led Trump in Wisconsin polls this year , though his margins have fluctuated .
Recent polling showed that 52 % of voters supported Biden , a 6-point lead over Trump that improves on their 4-point separation from a week prior .
Ahead of the speech , a Biden aide said the candidate was specifically targeting Obama voters who supported Trump in 2016 @ @ @ @ @ @ @ cited the fact that Manitowoc County favored Obama by over 7 % in 2008 , but Trump by 21 % in 2016 .
The county has leaned Republican in the last two decades , and Trump ’ s 2016 winning margin there — 8,700 votes —was almost a third of his statewide winning margin .

Returning to Wisconsin Monday afternoon, Joe Biden castigated presidential opponent Donald Trump for his response to the Covid-19 pandemic and pitched a vision of what economic recovery might look like.
MANITOWOC, Wis. (CN) — Returning to Wisconsin Monday afternoon, Joe Biden castigated presidential opponent Donald Trump for his response to the Covid-19 pandemic and pitched a vision of what economic recovery might look like.
After an introduction from the mayor of Manitowoc, Wisconsin, at the Green Bay exurb’s Wisconsin Aluminum Foundry, Biden led off a speech with no audience, mourning what he called “a tragic milestone” in the pandemic: 200,000 nationwide coronavirus deaths.
“What worries me now is that we’ve been living in this pandemic for so long, I worry we’re risking becoming numb to the toll it has taken,” he said. “We can’t let that happen. We can’t lose the ability to feel the sorrow, and loss.”
The Democratic contender placed blame for the deaths squarely on Trump, and warned of more to come. “We could be looking at between 178– and 200,000 lives lost, and all the president does is deliberately change the subject,” Biden continued, referencing news reports to that effect. “We just watched him hold an indoor rally with thousands of people, many of them not wearing masks despite the clear evidence that we’re putting every one of those lives at risk.”
Trump held that rally last week in Nevada, openly defying the measures local authorities had put in place to curb coronavirus transmission. While Biden’s half-hour speech was made to a camera rather than host a crowd of supporters, Trump has made a point of holding hundreds-strong rallies with few measures in place to protect against the virus.
The former vice president pivoted in his speech from the coronavirus to a criticism of Trump’s economic policies, which he derided as serving the extremely wealthy at the expense of workers. Lambasting Trump’s “tough” stance on trade, Biden said only a few wealthy companies had reaped the benefits amid his opponent’s failure to plug the flow of manufacturing jobs to China.
Biden additionally underscored New York Times reporting that Trump apparently torpedoed a drug-price deal with pharmaceutical companies by demanding that drugmakers send seniors millions of $100 cash cards with his name on them in an apparent bid to buy votes. And the former vice president found more ammunition in Trump’s plan to lower the capital gains tax at a cost of $30 million.
“The tax rate all of you pay in here is going to be higher than billionaires who make all of their money on investments,” Biden said. “Trump’s tax cut for the wealthy is going to cost billions of dollars a year, and whose hide does it come out of? It comes out of your hide.
“The simple truth is that Donald Trump ran for office saying that he would represent the forgotten man and woman of this country. And once he got into office, he forgot us.”
Biden played up his working-class background throughout the speech, frequently referencing his upbringing in Scranton, Pennsylvania, and at one point quoting media reports about his standing as the first Democratic candidate since 1984 without an Ivy League degree.
“You close the door on me, because you think I’m not good enough, guess what— I’m going to bust down that door,” he said. “It’s about time that a state school president sat in the Oval Office. Because you know what, if I’m sitting there, you’re going to be sitting there too.”
Wisconsin is a major battleground in the presidential campaign after its 2016 endorsement of Trump ended a blue streak that lasted 32 years. Biden has visited the Badger State twice this campaign; an early September trip took him to the city of Kenosha, where he visited with the family of Jacob Blake. Blake’s shooting by Kenosha police less than two weeks prior sparked widespread social unrest.
Biden has consistently led Trump in Wisconsin polls this year, though his margins have fluctuated. Recent polling showed that 52% of voters supported Biden, a 6-point lead over Trump that improves on their 4-point separation from a week prior.
Ahead of the speech, a Biden aide said the candidate was specifically targeting Obama voters who supported Trump in 2016. In a statement, the aide cited the fact that Manitowoc County favored Obama by over 7% in 2008, but Trump by 21% in 2016. The county has leaned Republican in the last two decades, and Trump’s 2016 winning margin there — 8,700 votes —was almost a third of his statewide winning margin.


courthousenews--2020-09-21--Trump Campaign Bid to Stop Nevada Mail-In Voting Expansion Rejected by Judge

( CN ) — In a blow to the Trump campaign in a key battleground state , a federal judge rejected a bid to shoot down Nevada ’ s plan to expand mail-in voting during the state of emergency caused by the novel coronavirus pandemic .
Under a bill approved by the Nevada Legislature in August , all active voters will receive a mail-in ballot for the November general election .
The measure establishes a minimum number of in-person voting locations and also provides additional time after Election Day for counties to receive mail ballots .
A day after the @ @ @ @ @ @ @ the Trump campaign , the Republican National Committee and the Nevada Republican Party filed a federal lawsuit challenging provisions of the bill they argued would lead to widespread voter fraud .
The campaign said in court papers Nevada ’ s mail-in voting plan would strip the election process of safeguards against voter fraud and unnecessarily complicate the timeline for counting votes .
Nevada Secretary of State Barbara Cegavske moved to dismiss the lawsuit for lack of standing , arguing the campaign had no direct organizational or associational standing to represent voters ’ interests @ @ @ @ @ @ @ agreed , writing in a Sep. 18 ruling that the Trump campaign represents only the president and his political goals .
“ The Trump campaign does not represent Nevada voters , ” Mahan wrote in his 12-page order , which was made available to the public Monday .
“ Although the Trump campaign may achieve its ‘ organization ’ s purpose ’ through Nevada voters , the individual constitutional interests of those voters are wholly distinct.
” Mahan also rejected the Trump campaign ’ s argument that its supporters would be harmed by @ @ @ @ @ @ @ in other states .
“ Even if accepted as true , plaintiffs ’ pleadings allude to vote dilution that is impermissibly generalized , ” Mahan wrote .
A Trump campaign spokesperson did not immediately respond to a request for comment on the ruling .
An injunction against enforcement of Nevada ’ s Assembly Bill 4 would in fact worsen plaintiffs ’ alleged injuries by removing a key safeguard of elections : eliminating the minimum number of physical polling sites , Mahan found .
The judge was also unpersuaded by the Trump campaign ’ @ @ @ @ @ @ @ because it ’ s using resources to educate voters about AB 4 and voter fraud .
“ If plaintiffs did not expend any resources on educating their voters on AB 4 , their voters would proceed to vote in-person as they overwhelmingly have in prior elections , ” Mahan wrote .
“ Not only have plaintiffs failed to allege a substantial risk of voter fraud , the state of Nevada has its own mechanisms for deterring and prosecuting voter fraud.
” In a response to Cegavske ’ s motion to dismiss the complaint @ @ @ @ @ @ @ would hamper GOP candidates ’ elections by fomenting voter confusion and creating “ incentives ” for voters to stay away from polls , but Mahan also rejected that argument .
“ Enjoining Nevada election officials from enforcing AB 4 would not apparently improve the odds for plaintiffs ’ candidates , ” Mahan wrote .
“ Plaintiffs ask for a remedy to cure the “ confusion ” caused by AB 4 , yet they have positioned this case for last minute adjudication before the general election.
” Attorneys for the campaign have 30 days @ @ @ @ @ @ @ for Cegavske did not respond to a request for comment by press time .
But in a tweet , Governor Steve Sisolak said he was pleased with the ruling .
“ I ’ m pleased to see a federal court judge has dismissed a lawsuit seeking to block AB4 , a measure passed to expand options for Nevadans and provide for safe , fair & accessible elections during the pandemic , ” the Democrat said .

In a blow to the Trump campaign in a key battleground state, a federal judge rejected a bid to shoot down Nevada’s plan to expand mail-in voting during the state of emergency caused by the novel coronavirus pandemic.
(CN) — In a blow to the Trump campaign in a key battleground state, a federal judge rejected a bid to shoot down Nevada’s plan to expand mail-in voting during the state of emergency caused by the novel coronavirus pandemic.
Under a bill approved by the Nevada Legislature in August, all active voters will receive a mail-in ballot for the November general election. The measure establishes a minimum number of in-person voting locations and also provides additional time after Election Day for counties to receive mail ballots.
A day after the bill passed in a special session, the Trump campaign, the Republican National Committee and the Nevada Republican Party filed a federal lawsuit challenging provisions of the bill they argued would lead to widespread voter fraud.
The campaign said in court papers Nevada’s mail-in voting plan would strip the election process of safeguards against voter fraud and unnecessarily complicate the timeline for counting votes.
Nevada Secretary of State Barbara Cegavske moved to dismiss the lawsuit for lack of standing, arguing the campaign had no direct organizational or associational standing to represent voters’ interests.
U.S. District Judge James C. Mahan agreed, writing in a Sep. 18 ruling that the Trump campaign represents only the president and his political goals.
“The Trump campaign does not represent Nevada voters,” Mahan wrote in his 12-page order, which was made available to the public Monday. “Although the Trump campaign may achieve its ‘organization’s purpose’ through Nevada voters, the individual constitutional interests of those voters are wholly distinct.”
Mahan also rejected the Trump campaign’s argument that its supporters would be harmed by voter fraud that it claims has occurred in other states.
“Even if accepted as true, plaintiffs’ pleadings allude to vote dilution that is impermissibly generalized,” Mahan wrote.
A Trump campaign spokesperson did not immediately respond to a request for comment on the ruling.
An injunction against enforcement of Nevada’s Assembly Bill 4 would in fact worsen plaintiffs’ alleged injuries by removing a key safeguard of elections: eliminating the minimum number of physical polling sites, Mahan found.
The judge was also unpersuaded by the Trump campaign’s claim that it has organizational standing because it’s using resources to educate voters about AB 4 and voter fraud.
“If plaintiffs did not expend any resources on educating their voters on AB 4, their voters would proceed to vote in-person as they overwhelmingly have in prior elections,” Mahan wrote. “Not only have plaintiffs failed to allege a substantial risk of voter fraud, the state of Nevada has its own mechanisms for deterring and prosecuting voter fraud.”
In a response to Cegavske’s motion to dismiss the complaint, the Trump campaign argued AB 4 would hamper GOP candidates’ elections by fomenting voter confusion and creating “incentives” for voters to stay away from polls, but Mahan also rejected that argument.
“Enjoining Nevada election officials from enforcing AB 4 would not apparently improve the odds for plaintiffs’ candidates,” Mahan wrote. “Plaintiffs ask for a remedy to cure the “confusion” caused by AB 4, yet they have positioned this case for last minute adjudication before the general election.”
Attorneys for the campaign have 30 days to appeal the decision.
A spokesperson for Cegavske did not respond to a request for comment by press time. But in a tweet, Governor Steve Sisolak said he was pleased with the ruling.
“I’m pleased to see a federal court judge has dismissed a lawsuit seeking to block AB4, a measure passed to expand options for Nevadans and provide for safe, fair & accessible elections during the pandemic,” the Democrat said.


courthousenews--2020-09-21--Biden Campaign Expands Advertising in Georgia and Iowa

ATLANTA ( CN ) — The campaign of Democratic presidential nominee Joe Biden announced plans Monday to expand advertising in Georgia and Iowa as part of a push to widen his media footprint into critical states that could provide paths to victory on Election Day .
In Georgia , the campaign will launch new ads targeting Black male voters this week , focusing on Biden ’ s criminal justice reform policies .
“ Shop Talk : Criminal Justice Reform , ” a 60-second digital and broadcast ad , features a group of Black men in a barber shop discussing Biden @ @ @ @ @ @ @ , eliminate cash bail and remove the check box on job applications asking if applicants have a criminal record .
Another ad , titled “ Shop Talk : Yes She Can , ” a play on the Obama-era rallying cry “ Yes we can , ” is a 30-second spot featuring the group ’ s conversation about U.S .
Senator Kamala Harris ’ s historic nomination as the first Black woman on a major party ticket .
Both ads are inspired by the campaign ’ s weekly “ Shop Talk ” series , @ @ @ @ @ @ @ across the country talk about the challenges and issues currently facing them .
The ads are set to debut Tuesday as part of an expansion into what the campaign has identified as 12 “ critical states ” to offer Biden multiple paths to win the presidency if he fails to secure victory in battleground states like Arizona and Florida .
The campaign will also air two previously released ads in Georgia , including an ad called “ He Knew ” which focuses on President Donald Trump ’ s admission to journalist Bob Woodward @ @ @ @ @ @ @ of the coronavirus .
The ad points out that 21 % of people who have died from the virus were Black .
Another ad , titled “ We ’ re Listening , ” in which Biden and Harris discuss police reform , will also air in the state .
In Iowa , the campaign will push previously released ads that highlight Biden ’ s leadership experience and plans to combat the coronavirus pandemic .
The ads in both states will run on both television and digital platforms .
According to Pew Research , @ @ @ @ @ @ @ voted in the 2016 general election compared to 64 % of eligible white men .
Exit polls in 2016 show Trump won only 8 % of Black votes .
Although the race between the two candidates is tight in Georgia , an increase in enthusiasm from the Black electorate could help push Biden to victory in the Peach State .
According to the FiveThirtyEight polling average , Trump is leading Biden by one percentage point in Georgia .
Trump is ahead in Iowa by 1.8 percentage points .
If Biden wins Georgia , @ @ @ @ @ @ @ candidate to achieve victory in the Peach State since former President Bill Clinton in 1992 .

The campaign of Democratic presidential nominee Joe Biden announced plans Monday to expand advertising in Georgia and Iowa as part of a push to widen his media footprint into critical states that could provide paths to victory on Election Day.
ATLANTA (CN) — The campaign of Democratic presidential nominee Joe Biden announced plans Monday to expand advertising in Georgia and Iowa as part of a push to widen his media footprint into critical states that could provide paths to victory on Election Day.
In Georgia, the campaign will launch new ads targeting Black male voters this week, focusing on Biden’s criminal justice reform policies.
“Shop Talk: Criminal Justice Reform,” a 60-second digital and broadcast ad, features a group of Black men in a barber shop discussing Biden’s plans to abolish private prisons, eliminate cash bail and remove the check box on job applications asking if applicants have a criminal record.
Another ad, titled “Shop Talk: Yes She Can,” a play on the Obama-era rallying cry “Yes we can,” is a 30-second spot featuring the group’s conversation about U.S. Senator Kamala Harris’s historic nomination as the first Black woman on a major party ticket.
Both ads are inspired by the campaign’s weekly “Shop Talk” series, a roundtable discussion in which Black men across the country talk about the challenges and issues currently facing them.
The ads are set to debut Tuesday as part of an expansion into what the campaign has identified as 12 “critical states” to offer Biden multiple paths to win the presidency if he fails to secure victory in battleground states like Arizona and Florida.
The campaign will also air two previously released ads in Georgia, including an ad called “He Knew” which focuses on President Donald Trump’s admission to journalist Bob Woodward that he wanted to downplay the threat of the coronavirus. The ad points out that 21% of people who have died from the virus were Black.
Another ad, titled “We’re Listening,” in which Biden and Harris discuss police reform, will also air in the state.
In Iowa, the campaign will push previously released ads that highlight Biden’s leadership experience and plans to combat the coronavirus pandemic.
The ads in both states will run on both television and digital platforms.
According to Pew Research, only 54% of eligible Black men voted in the 2016 general election compared to 64% of eligible white men.
Exit polls in 2016 show Trump won only 8% of Black votes.
Although the race between the two candidates is tight in Georgia, an increase in enthusiasm from the Black electorate could help push Biden to victory in the Peach State. According to the FiveThirtyEight polling average, Trump is leading Biden by one percentage point in Georgia.
Trump is ahead in Iowa by 1.8 percentage points.
If Biden wins Georgia, he will become the first Democratic presidential candidate to achieve victory in the Peach State since former President Bill Clinton in 1992.


courthousenews--2020-09-21--With Worsening Pandemic, Banking Blowout Sends Markets Into Spiral

Wall Street suffered another rout , caused this time not by fluctuations in Big Tech stocks but by plummeting bank shares .
MANHATTAN ( CN ) — Investors hoping for a fresh start this week were rattled over the weekend by allegations that several large banks had laundered about $ 2 trillion in illicit funds , sending markets into a free fall .
The Dow Jones Industrial Average lost more than 450 points at the opening bell , and descended further from there , at one point nearing a 1,000 loss but closed out down 510 points , or 1.8 @ @ @ @ @ @ @ dramatic for the S & P 500 or Nasdaq , which settled at a 1.6 % and 0.13 % loss , respectively .
Even before U.S. markets opened , investors abroad had already portended a bad Monday .
In Asia , the Hang Seng index in Hong Kong dropped 2 % , while South Korea ’ s Kospi lost nearly 1 % .
Only the Nikkei in Japan saw any positive gains , and barely that , at 0.18 % gained by the close of trading Monday .
Things were far worse in @ @ @ @ @ @ @ more than 4 % when all was said and done , followed closely by a 3.4 % loss in France and a 3.3 % drop in England ’ s Financial Times Stock Exchange .
The pan-European Stoxx 600 fell 3 % .
Many attributed the steep losses to recent media reports that large banks had laundered trillions of dollars in dirty money from fraudsters , offshore companies , Russian oligarchs and international criminals .
The reports , led by BuzzFeed , came after Financial Crimes Enforcement Network documents were leaked by an investigator @ @ @ @ @ @ @ major banks — including JPMorgan , Standard Chartered , Barclays , HSBC and Bank of New York Mellon — had moved about $ 2 trillion using suspicious transactions over the years .
The documents also indicated that Turkish-Iranian money-launderer Reza Zarrab moved tens of billions of dollars , avoiding U.S. sanctions aimed at curbing Iranian nuclear arms development .
The FinCEN reports have been devastating to banks worldwide .
Deutsche Bank , which allegedly shifted $ 1.2 trillion of the $ 2 trillion in suspicious transfers , took an 8.25 % hit for @ @ @ @ @ @ @ Chase fell by 3 % .
Shares of HSBC , which allegedly moved funds used in an $ 80 million Ponzi scheme , plummeted 5.5 % by the time markets closed in New York .
Bank of New York Mellon decreased by 4 % Hong Kong-based bank Standard Chartered , also alleged to have allowed money laundering , fell 6.18 % by the time markets closed abroad .
French bank Societe Generale lost 7.6 % in share value by the end of trading on Monday .
Others say the rise in Covid-19 infections @ @ @ @ @ @ @ with cases in some countries now hitting levels not seen even when the virus first struck last spring .
“ Stocks were essentially a one-way trade to the downside today as a fresh wave of Covid infection in Western Europe sparked fears of a second round of lockdowns that could derail the nascent recovery in the region wrote Boris Schlossberg of BK Asset Management wrote in an investor ’ s note .
“ The Covid rise is particularly troubling in [ the United Kingdom ] where a second lockdown could stifle what looked @ @ @ @ @ @ @ To date , more than 31 million have contracted Covid-19 worldwide , according to data compiled by Johns Hopkins University , while roughly 961,000 have died .
In the United States alone , almost 6.8 million have been confirmed infected while almost 200,000 have died .
Last week , the World Health Organization ’ s regional director for the region said the spike in Covid cases should be a “ wake up call ” for authorities .
“ We have a very serious situation unfolding before us , ” Hans Kluge said during @ @ @ @ @ @ @ Weekly cases have now exceeded those reported when the pandemic first peaked in Europe in March.
” A potential resurgence of the virus has clobbered certain industries fearing another wave of shutdowns .
“ The prospect of economic activity being curtailed across the board because of a potential reintroduction of tougher restrictions has hurt all sector , but the hospitality industry has suffered the most today , ” wrote David Madden , a market analyst at CMC Markets .
“ The travel sector has also been rocked by the health emergency.
” Despite @ @ @ @ @ @ @ wave of coronavirus , a sliver of good news gleamed dully : Household wealth has returned to the pre-Covid levels .
According to the Federal Reserve , household wealth reached nearly $ 119 trillion at the end of the second quarter , slightly above the $ 118.5 trillion mark set at the end of 2019 .

Investors hoping for a fresh start this week were rattled over the weekend by allegations that several large banks had laundered about $2 trillion in illicit funds, sending markets into a free fall.
MANHATTAN (CN) — Investors hoping for a fresh start this week were rattled over the weekend by allegations that several large banks had laundered about $2 trillion in illicit funds, sending markets into a free fall.
The Dow Jones Industrial Average lost more than 450 points at the opening bell, and descended further from there, at one point nearing a 1,000 loss but closed out down 510 points, or 1.8%.
Losses weren’t as dramatic for the S&P 500 or Nasdaq, which settled at a 1.6% and 0.13% loss, respectively.
Even before U.S. markets opened, investors abroad had already portended a bad Monday. In Asia, the Hang Seng index in Hong Kong dropped 2%, while South Korea’s Kospi lost nearly 1%. Only the Nikkei in Japan saw any positive gains, and barely that, at 0.18% gained by the close of trading Monday.
Things were far worse in Europe. Germany’s exchange lost more than 4% when all was said and done, followed closely by a 3.4% loss in France and a 3.3% drop in England’s Financial Times Stock Exchange. The pan-European Stoxx 600 fell 3%.
Many attributed the steep losses to recent media reports that large banks had laundered trillions of dollars in dirty money from fraudsters, offshore companies, Russian oligarchs and international criminals. The reports, led by BuzzFeed, came after Financial Crimes Enforcement Network documents were leaked by an investigator.
The 2,500 FinCEN documents indicate that major banks — including JPMorgan, Standard Chartered, Barclays, HSBC and Bank of New York Mellon — had moved about $2 trillion using suspicious transactions over the years.
The documents also indicated that Turkish-Iranian money-launderer Reza Zarrab moved tens of billions of dollars, avoiding U.S. sanctions aimed at curbing Iranian nuclear arms development.
The FinCEN reports have been devastating to banks worldwide. Deutsche Bank, which allegedly shifted $1.2 trillion of the $2 trillion in suspicious transfers, took an 8.25% hit for the day, while shares of JPMorgan Chase fell by 3%.
Shares of HSBC, which allegedly moved funds used in an $80 million Ponzi scheme, plummeted 5.5% by the time markets closed in New York. Bank of New York Mellon decreased by 4%
Hong Kong-based bank Standard Chartered, also alleged to have allowed money laundering, fell 6.18% by the time markets closed abroad. French bank Societe Generale lost 7.6% in share value by the end of trading on Monday.
Others say the rise in Covid-19 infections in Europe has renewed investor worries, with cases in some countries now hitting levels not seen even when the virus first struck last spring.
“Stocks were essentially a one-way trade to the downside today as a fresh wave of Covid infection in Western Europe sparked fears of a second round of lockdowns that could derail the nascent recovery in the region wrote Boris Schlossberg of BK Asset Management wrote in an investor’s note. “The Covid rise is particularly troubling in [the United Kingdom] where a second lockdown could stifle what looked to be a strong consumer-led rebound.”
To date, more than 31 million have contracted Covid-19 worldwide, according to data compiled by Johns Hopkins University, while roughly 961,000 have died. In the United States alone, almost 6.8 million have been confirmed infected while almost 200,000 have died.
Last week, the World Health Organization’s regional director for the region said the spike in Covid cases should be a “wake up call” for authorities. “We have a very serious situation unfolding before us,” Hans Kluge said during a press briefing last week. “Weekly cases have now exceeded those reported when the pandemic first peaked in Europe in March.”
A potential resurgence of the virus has clobbered certain industries fearing another wave of shutdowns.
“The prospect of economic activity being curtailed across the board because of a potential reintroduction of tougher restrictions has hurt all sector, but the hospitality industry has suffered the most today,” wrote David Madden, a market analyst at CMC Markets. “The travel sector has also been rocked by the health emergency.”
Despite the horrible economic news and potential second wave of coronavirus, a sliver of good news gleamed dully: Household wealth has returned to the pre-Covid levels. According to the Federal Reserve, household wealth reached nearly $119 trillion at the end of the second quarter, slightly above the $118.5 trillion mark set at the end of 2019.


courthousenews--2020-09-22--Home Depot & Roundup

Home Depot & Roundup

LOS ANGELES — A federal judge partially granted Home Depot ’ s request to dismiss a lawsuit claiming the home @ @ @ @ @ its customers about the cancer risks of the herbicide Roundup , giving the plaintiff until @ @ @ @ @ final effort to make their case .


Recyclable K-Cups?

SAN FRANCISCO — A federal judge has certified the class in a lawsuit over Keurig ’ s single-serve coffee pods @ @ @ @ @ marketed as “ recyclable ” though the plaintiffs claim it ’ s nearly impossible to @ @ @


courthousenews--2020-09-23--Judge Set to Block Trump Plan to Shut Census Down Early

( CN ) — A contentious court hearing ended Tuesday with a federal judge loudly urging a Department of Justice lawyer to “ just appeal me ” when she rules to bar the U.S. Census Bureau from ending its decennial count early .
U.S. District Judge Lucy Koh of the Northern District of California hectored Justice Department attorney Alexander Sverdlov frequently throughout the 2-hour hearing as Sverdlov seemed more interested in ending the hearing swiftly so the Trump administration can get on with appealing what is all but a foregone conclusion .
“ It seems like the court is inclined @ @ @ @ @ @ @ Sverdlov said toward the end of the hearing .
“ We merely ask that you issue a preliminary injunction so we can ask for appellate relief on a timely basis and as expeditiously as possible.
” It is highly unusual for a party to ask a judge to rule against them quickly so they can move onto the appellate process , but Tuesday ’ s hearing was a sign of the apparent contempt Trump administration lawyers have for federal judges in California who are often accused of being liberal .
Sverdlov several times @ @ @ @ @ @ @ saying certain documents and parts of the administrative record “ speak for themselves.
” It is highly irregular for any lawyer to allow written materials to speak for them in court .
But Sverdlov made an undeniable show of being bored by the hearing in general and the judge ’ s questions in particular , incurring Koh ’ s wrath as the hearing progressed .
She chastised the government ’ s lawyers for possibly withholding documents , for producing few documents at the last possible second and then filing new declarations mere hours @ @ @ @ @ @ @ the plaintiffs , I received many of these documents only yesterday , ” Koh said .
The case hinges on whether the U.S. Census Bureau is fulfilling its duty to conduct a once-every-decade head count of every U.S. resident .
The outcome of the census count determines how $ 1.5 trillion in federal spending is allocated along with how many congressional seats are allocated to each state in a process known as apportionment .
Plaintiffs in the case , which include a coalition of civil rights organizations as well as cities and counties @ @ @ @ @ @ @ s plan to wind down operations by the end of September instead of the end of October was a willful move by the Trump administration to undercount minority communities and thereby skew the allocation of federal funds and congressional seats away from Trump ’ s political enemies and toward his allies .
“ They say they are committed to an accurate census , but an accurate census is impossible under this timeline , ” said attorney Melissa Arbus Sherry , arguing on behalf of the plaintiffs .
Koh issued a temporary restraining order @ @ @ @ @ @ @ back into the field to follow up on nonresponses .
The legal question at the heart of the case is whether U.S. Secretary of Commerce Wilbur Ross , who oversees the administration of the census , violated the Administrative Procedure Act when he ordered the count to end a month early .
Sverdlov said the entire case is moot because the agency has discretion over how it runs its operations , and a decision to truncate the timeline is not a final agency action and therefore not subject to judicial review under the @ @ @ @ @ @ @ are not a final agency action , ” Sverdlov said .
The government lawyer put forth a few arguments about how the timeline decision falls short of a reviewable action , but behaved like a lawyer who knew the outcome before the hearing began and was biding his time before having his day in a different court with different judges .
Sherry said that while Sverdlov dismissed the timeline shortening as mere operational decisions , the decision to truncate the timeline was a final agency action that harmed the bureau ’ s ability @ @ @ @ @ @ @ .
“ This is not just a minor change , but a major change to their schedule , ” Sherry said .
Koh said she would attempt to rule on the preliminary injunction request within the next 48 hours .
It appears a virtual certainty Koh will grant a preliminary injunction , meaning the bureau will have to continue its count well into October unless she is overruled by the Ninth Circuit .
“ There are four out of 50 states that have reached their thresholds , ” Koh said at one point @ @ @ @ @ @ @ 50 !
” However , it ’ s all but certain the government will appeal the preliminary injunction and try to get a favorable ruling from the Ninth Circuit .
Barring that , the Trump administration could appeal to the Supreme Court where a conservative majority may lend a more sympathetic ear .

A contentious court hearing ended Tuesday with a federal judge loudly urging a Department of Justice lawyer to “just appeal me” when she rules to bar the U.S. Census Bureau from ending its decennial count early.
(CN) — A contentious court hearing ended Tuesday with a federal judge loudly urging a Department of Justice lawyer to “just appeal me” when she rules to bar the U.S. Census Bureau from ending its decennial count early.
U.S. District Judge Lucy Koh of the Northern District of California hectored Justice Department attorney Alexander Sverdlov frequently throughout the 2-hour hearing as Sverdlov seemed more interested in ending the hearing swiftly so the Trump administration can get on with appealing what is all but a foregone conclusion.
“It seems like the court is inclined to agree with the plaintiffs,” Sverdlov said toward the end of the hearing. “We merely ask that you issue a preliminary injunction so we can ask for appellate relief on a timely basis and as expeditiously as possible.”
It is highly unusual for a party to ask a judge to rule against them quickly so they can move onto the appellate process, but Tuesday’s hearing was a sign of the apparent contempt Trump administration lawyers have for federal judges in California who are often accused of being liberal.
Sverdlov several times declined to answer questions from Koh, saying certain documents and parts of the administrative record “speak for themselves.”
It is highly irregular for any lawyer to allow written materials to speak for them in court. But Sverdlov made an undeniable show of being bored by the hearing in general and the judge’s questions in particular, incurring Koh’s wrath as the hearing progressed.
She chastised the government’s lawyers for possibly withholding documents, for producing few documents at the last possible second and then filing new declarations mere hours before the hearing.
“Much like the plaintiffs, I received many of these documents only yesterday,” Koh said.
The case hinges on whether the U.S. Census Bureau is fulfilling its duty to conduct a once-every-decade head count of every U.S. resident. The outcome of the census count determines how $1.5 trillion in federal spending is allocated along with how many congressional seats are allocated to each state in a process known as apportionment.
Plaintiffs in the case, which include a coalition of civil rights organizations as well as cities and counties, said the U.S. Census Bureau’s plan to wind down operations by the end of September instead of the end of October was a willful move by the Trump administration to undercount minority communities and thereby skew the allocation of federal funds and congressional seats away from Trump’s political enemies and toward his allies.
“They say they are committed to an accurate census, but an accurate census is impossible under this timeline,” said attorney Melissa Arbus Sherry, arguing on behalf of the plaintiffs.
Koh issued a temporary restraining order two weeks ago, sending census takers back into the field to follow up on nonresponses.
The legal question at the heart of the case is whether U.S. Secretary of Commerce Wilbur Ross, who oversees the administration of the census, violated the Administrative Procedure Act when he ordered the count to end a month early.
Sverdlov said the entire case is moot because the agency has discretion over how it runs its operations, and a decision to truncate the timeline is not a final agency action and therefore not subject to judicial review under the Administrative Procedure Act.
“Operational plans are not a final agency action,” Sverdlov said.
The government lawyer put forth a few arguments about how the timeline decision falls short of a reviewable action, but behaved like a lawyer who knew the outcome before the hearing began and was biding his time before having his day in a different court with different judges.
Sherry said that while Sverdlov dismissed the timeline shortening as mere operational decisions, the decision to truncate the timeline was a final agency action that harmed the bureau’s ability to carry out its constitutionally mandated obligations.
“This is not just a minor change, but a major change to their schedule,” Sherry said.
Koh said she would attempt to rule on the preliminary injunction request within the next 48 hours.
It appears a virtual certainty Koh will grant a preliminary injunction, meaning the bureau will have to continue its count well into October unless she is overruled by the Ninth Circuit.
“There are four out of 50 states that have reached their thresholds,” Koh said at one point in exasperation. “Four out of 50!”
However, it’s all but certain the government will appeal the preliminary injunction and try to get a favorable ruling from the Ninth Circuit. Barring that, the Trump administration could appeal to the Supreme Court where a conservative majority may lend a more sympathetic ear.


courthousenews--2020-09-22--California Courts Covid Update

California Courts Covid Update

Sept. 18 , 2020 : Order regarding moratorium on evictions and AB3088 Sept. 21 , 2020 : Local rule 4-7 @ @ @ @ @ applications to be heard between 10:00 and 11:00 a.m. each day in the Probate Department @ @ @ @ @ Order from Judicial Council authorizing continuing emergency relief in response to pandemic


4G Patents

MARSHALL , Texas — Tesla ’ s offering of 4G/LTE cellular connectivity in its vehicles violates multiple patents held by @ @ @ @ @ , the companies claim in federal court .


Just Joking!

ALEXANDRIA , La .
— A Louisiana man says he was joking when he posted to Facebook that the Rapides @ @ @ @ @ shoot people infected with the novel coronavirus , and shouldn ’ t have been arrested @ @ @


Twitter Privacy

SAN FRANCISCO — A Twitter user claims the social media giant shares user phone numbers with advertisers despite promises to @ @ @ @ @ that ’ s what the user desires .


Counting Votes

MINNEAPOLIS — Two Minnesota Republicans filed a legal challenge Tuesday to block the state ’ s elections chief from implementing @ @ @ @ @ general election ballots to be counted if they ’ re postmarked by Election Day but @ @ @ @ @ after .


courthousenews--2020-09-22--LA Superior Getting New Presiding Judge in January

( CN ) — Nearly 600 courtrooms in the Los Angeles County Superior Court system closed their doors this spring amid the coronavirus pandemic , stalling nearly all court cases in the civil , criminal , probate and family law divisions .
Court staff and Presiding Judge Kevin Brazile pivoted one of the nation ’ s largest court systems to a remote model with the launch of the LA CourtConnect ( LACC ) portal for attorneys and participants in the court system .
Court filings and access to court filings online remained active even as courts were closed to the @ @ @ @ @ @ @ the LACC program in courtrooms across multiple divisions in about 90 days instead of the originally planned 18-month rollout .
The top priority for the court has been to keep the public , attorneys , staff and judicial officers safe and healthy during this pandemic , he said .
“ Due to Covid-19 it has been challenging , unpredictable , a learning experience and rewarding , ” Brazile told Courthouse News via email .
“ Responding to Covid-19 has demonstrated the importance of teamwork , transparency and trust , and why LASC court @ @ @ @ @ @ @ ‘ Best of the Best.
’ ” Brazile was first elected as presiding judge of LASC just two years ago along with Assistant Presiding Judge Eric Taylor .
Brazile is the first Black judge named to the position and starting in 2021 , Taylor will be the second to hold the title .
When asked what the experience meant to him Brazile said , “ Opportunity , appreciation , gratitude and a way to give back to the community and to the people who have helped me and supported me throughout my life.
@ @ @ @ @ @ @ position allowed him to be a role model and to let people know what is possible if “ you believe in yourself and allow others to help and support you.
” “ Lastly , it demonstrated to me that in order to achieve your goals in life and in your career , you have to rely on hard work , humility , integrity , courage and prayer , ” said Brazile , who was first appointed to LA County Superior Court by then-Governor Gray Davis in 2003 .
But before that , Taylor @ @ @ @ @ @ @ counsel ’ s office and became fast friends .
Taylor was deputy counsel and just 36 when then-Governor Pete Wilson appointed him to the Inglewood Municipal Court in 1998 .
This month , Brazile announced Taylor would succeed him to lead the courts .
In a statement , Taylor said he was focused on the “ safe expansion of access to justice after a 6-month hiatus ” in criminal and civil trials , which will all be complicated by the virus and a state budget that reflects a $ 168 million cut to @ @ @ @ @ @ @ the economic fallout from the pandemic .
Taylor , the incoming presiding judge , refused a request for an interview .
In 2015 , Taylor was elected to a second term as president of the California Judges Association ( CJA ) and he told Courthouse News Service about the opportunity to advocate for the state ’ s justice system outside of the courtroom .
“ I enjoy it because it ’ s what we ’ ve dedicated our lives to do as judges .
We ’ ve dedicated our lives to serving people @ @ @ @ @ @ @ , at the time the executive director of the CJA , recently described Taylor as “ quietly effective as a leader.
” “ He wasn ’ t one to raise his voice or to anger easily .
Eric always let everybody have their say in the room and was last to speak .
That was his testament to his ability as a leader , ” said Bissey , who is now executive director of the LA County Bar Association .
In 2003 , Bissey was new to the job at CJA when Taylor @ @ @ @ @ @ @ organization that represents the state ’ s active and retired state judges and commissioners .
Amid budget cuts at the time , the Judicial Council of California announced the state would no longer pay member dues to CJA .
“ In a joking tone Eric said to me , ‘ Well , I hope you enjoyed the shortest job you ’ ve ever had , ’ ” Bissey said in a recent interview .
“ But we rolled up our sleeves and that year we went out and visited members in darn near @ @ @ @ @ @ @ to judges , the challenges they were facing and reminded them why and how CJA could be relevant to them , ” said Bissey .
Shortly before the pandemic shutdown , Bissey and Taylor were working on a mentor program to match volunteers with students to introduce them to the court system and show them a possible career opportunity .
“ Involving the community as partners in our legal system , especially young people , is a wonderful way to build trust and to positively influence future social justice , ” said Taylor @ @ @ @ @ @ @ in the Crenshaw District in LA County , graduated from the University of Virginia ’ s law school and was an extern for California Supreme Court Justice Allen Broussard .
Broussard , who died in 1996 , was the first Black judge to be elected president of CJA in 1972 .
Taylor ’ s father , John Taylor Jr. , was a Freedom Fighter who participated in civil rights demonstrations in Jackson , Mississippi , and was jailed for two weeks in 1961 after entering a “ white only ” train station waiting @ @ @ @ @ @ @ Ella Mae Ferneil , was California ’ s first Black registered nurse .
“ I ’ m proud that my father put his life on the line to ride on buses and sit at counters and fight for the rights of everyone to be treated equally in this country .
And I ’ m really proud of my grandmother , who was a trailblazer too .
She had to endure many obstacles and setbacks to reach the point that she did , ” Taylor said .
In a statement , California State Assembly @ @ @ @ @ @ @ s soon-to-be new position , “ As the second African American to be elected presiding judge following the Honorable Kevin Brazile , the Los Angeles County Superior Court has again marked a historic achievement.
” As presiding judge , Taylor will assign cases and judges to departments and oversee the policies of the county ’ s 47 courthouses and its nearly 5,400 court staff .
His term as presiding judge begins Jan. 1 , 2021 .

After months of keeping the largest court system in the nation running during a pandemic by launching an online portal for attorneys and participants, Los Angeles County Superior Court Presiding Judge Kevin Brazile will turn those duties over to Assistant Presiding Judge Eric Taylor in January.
(CN) — Nearly 600 courtrooms in the Los Angeles County Superior Court system closed their doors this spring amid the coronavirus pandemic, stalling nearly all court cases in the civil, criminal, probate and family law divisions.
Court staff and Presiding Judge Kevin Brazile pivoted one of the nation’s largest court systems to a remote model with the launch of the LA CourtConnect (LACC) portal for attorneys and participants in the court system. Court filings and access to court filings online remained active even as courts were closed to the public.
Brazile said the court installed the LACC program in courtrooms across multiple divisions in about 90 days instead of the originally planned 18-month rollout. The top priority for the court has been to keep the public, attorneys, staff and judicial officers safe and healthy during this pandemic, he said.
“Due to Covid-19 it has been challenging, unpredictable, a learning experience and rewarding,” Brazile told Courthouse News via email. “Responding to Covid-19 has demonstrated the importance of teamwork, transparency and trust, and why LASC court staff and bench officers are truly the ‘Best of the Best.’”
Brazile was first elected as presiding judge of LASC just two years ago along with Assistant Presiding Judge Eric Taylor. Brazile is the first Black judge named to the position and starting in 2021, Taylor will be the second to hold the title.
When asked what the experience meant to him Brazile said, “Opportunity, appreciation, gratitude and a way to give back to the community and to the people who have helped me and supported me throughout my life.”
He said that being in his position allowed him to be a role model and to let people know what is possible if “you believe in yourself and allow others to help and support you.”
“Lastly, it demonstrated to me that in order to achieve your goals in life and in your career, you have to rely on hard work, humility, integrity, courage and prayer,” said Brazile, who was first appointed to LA County Superior Court by then-Governor Gray Davis in 2003.
But before that, Taylor and Brazile worked in the LA county counsel’s office and became fast friends.
Taylor was deputy counsel and just 36 when then-Governor Pete Wilson appointed him to the Inglewood Municipal Court in 1998.
This month, Brazile announced Taylor would succeed him to lead the courts. In a statement, Taylor said he was focused on the “safe expansion of access to justice after a 6-month hiatus” in criminal and civil trials, which will all be complicated by the virus and a state budget that reflects a $168 million cut to the state trial court system due to the economic fallout from the pandemic.
Los Angeles County Superior Court Judge Eric Taylor. (Photo courtesy Judicial Council of California)
Taylor, the incoming presiding judge, refused a request for an interview.
In 2015, Taylor was elected to a second term as president of the California Judges Association (CJA) and he told Courthouse News Service about the opportunity to advocate for the state’s justice system outside of the courtroom.
“I enjoy it because it’s what we’ve dedicated our lives to do as judges. We’ve dedicated our lives to serving people,” said Taylor.
Stanley Bissey, at the time the executive director of the CJA , recently described Taylor as “quietly effective as a leader.”
“He wasn’t one to raise his voice or to anger easily. Eric always let everybody have their say in the room and was last to speak. That was his testament to his ability as a leader,” said Bissey, who is now executive director of the LA County Bar Association.
In 2003, Bissey was new to the job at CJA when Taylor was first elected as president of the organization that represents the state’s active and retired state judges and commissioners.
Amid budget cuts at the time, the Judicial Council of California announced the state would no longer pay member dues to CJA.
“In a joking tone Eric said to me, ‘Well, I hope you enjoyed the shortest job you’ve ever had,’” Bissey said in a recent interview.
“But we rolled up our sleeves and that year we went out and visited members in darn near every county across the state and listened to judges, the challenges they were facing and reminded them why and how CJA could be relevant to them,” said Bissey.
Shortly before the pandemic shutdown, Bissey and Taylor were working on a mentor program to match volunteers with students to introduce them to the court system and show them a possible career opportunity.
“Involving the community as partners in our legal system, especially young people, is a wonderful way to build trust and to positively influence future social justice,” said Taylor in a statement.
Taylor grew up in the Crenshaw District in LA County, graduated from the University of Virginia’s law school and was an extern for California Supreme Court Justice Allen Broussard. Broussard, who died in 1996, was the first Black judge to be elected president of CJA in 1972.
Taylor’s father, John Taylor Jr., was a Freedom Fighter who participated in civil rights demonstrations in Jackson, Mississippi, and was jailed for two weeks in 1961 after entering a “white only” train station waiting room. Taylor’s grandmother, Ella Mae Ferneil, was California’s first Black registered nurse.
“I’m proud that my father put his life on the line to ride on buses and sit at counters and fight for the rights of everyone to be treated equally in this country. And I’m really proud of my grandmother, who was a trailblazer too. She had to endure many obstacles and setbacks to reach the point that she did,” Taylor said.
In a statement, California State Assembly member Chris Holden said on Taylor’s soon-to-be new position, “As the second African American to be elected presiding judge following the Honorable Kevin Brazile, the Los Angeles County Superior Court has again marked a historic achievement.”
As presiding judge, Taylor will assign cases and judges to departments and oversee the policies of the county’s 47 courthouses and its nearly 5,400 court staff. His term as presiding judge begins Jan. 1, 2021.


courthousenews--2020-09-22--Democrats Condemn Big-Money Campaigns Backing Judicial Nominations

WASHINGTON ( CN ) — As Senate Majority Leader Mitch McConnell buttons up plans to fill Justice Ruth Bader Ginsburg ’ s seat on the Supreme Court , Democrats on Tuesday condemned the influence of dark money over the judiciary .
Senator Sheldon Whitehouse crossed Capitol Hill to testify to the House Judiciary Committee that corporate interests are strategically investing in securing nominees to the federal bench who will pass down rulings that eliminate campaign finance regulations , stifle voting rights for minorities and roll back pollution controls .
He warned that conservative groups like the Federalist Society and the @ @ @ @ @ @ @ the process of nominating lifetime appointees to the federal bench .
“ A well-stocked bench can deliver things elected members of Congress would never vote for , ” Whitehouse said , citing the 2013 decision in Shelby County v. Holder that rolled back a key provision of the Voting Rights Act .
Federalist Society members have accounted for 86 % of Trump ’ s nominees to circuit judgeships as of May 2020 , the Senate Democratic Policy and Communications Committee said in a recent report .
“ The facts show that it is @ @ @ @ @ @ @ massively funded GOP apparatus designed to rewrite the law to suit the narrow-minded political orthodoxy of the Federalist Society ’ s backers , ” the report states .
Warning of big-money influence over the integrity of the courts , Whitehouse , a co-author of the Senate report , said that a single anonymous source donated $ 17.9 million to the Judicial Crisis Network during the confirmation fight involving President Barack Obama ’ s blocked nominee to the Supreme Court , U.S .
Circuit Judge Merrick Garland , and President Donald Trump ’ s @ @ @ @ @ @ @ .
The following year , a single anonymous source once again dropped over $ 17 million in the Judicial Crisis Network ’ s coffers before Justice Brett Kavanaugh was nominated .
“ What do they expect in return ?
” Whitehouse asked the committee .
Amanda Hollis-Brusky , a politics professor at Pomona College , said whether judges are actually influenced by membership in conservative groups like the Federalist Society is not relevant .
“ What matters is how all of this looks to ‘ We the People , ” Hollis-Brusky said .
@ @ @ @ @ @ @ questions , House Judiciary Ranking Member Jim Jordan asked Hollis-Brusky whether she agreed with the Rhode Island senator ’ s accusation that conservatives under Trump had “ captured the courts.
” The professor declined to take a position on whether the courts had been “ captured ” but said : “ The appearance of capture is certainly reasonable given the optics of the Trump administration and how big of a role the federalist society has played in judicial nominations.
” Jordan then took aim at Democrats pushing to increase the number of justices @ @ @ @ @ @ @ 15 if Trump fills Ginsburg ’ s seat before the election .
“ I don ’ t think you can come up with a better way of describing capturing the court than what the Democrats are proposing , ” the Ohio congressman said .
Ilya Shapiro , director of the Robert A .
Levy Center for Constitutional Studies at the Cato Institute , a conservative think tank based in Washington , reinforced Jordan , denying the influence wielded by the Federalist Society over judicial nominations .
“ There is no monolith , ” @ @ @ @ @ @ @ been a Federalist Society member for 20 years .
He added : “ What it is is a signaling mechanism to show that you ’ re unafraid to declare … that you are committed to certain principles : originalism , textualism , certain modes of interpretation.
” Representative Martha Roby , an Alabama Republican , also asked the GOP witness whether an increase in donor disclosure would chill free speech .
“ The freedom of association and private association are important conditional protections , ” Shapiro replied .
But retired U.S. District Judge @ @ @ @ @ @ @ warned that , no matter your political affiliation , the hundreds of Federalist Society members sitting on the federal bench should raise concern .
The conservative group is closely linked to the five Republican-appointed justices on the bench today and provides shortlists for judicial nominees to Trump ’ s White House .
“ One has to be troubled with a single-lane pipeline to the United States Supreme Court and the lower federal courts which is a pipeline that is monitored and controlled by one organization , ” Gertner said .
On Saturday , @ @ @ @ @ @ @ to fill a third seat on the high court , with Seventh Circuit Judge Amy Coney Barrett and 11th Circuit Judge Barbara Lagoa emerging as top candidates .
McConnell said Tuesday that the Senate Judiciary Committee will proceed with the nomination per historic precedent .
His announcement comes as Democrats argue the GOP leader has brazenly reversed his firm stance during Obama ’ s final year in office that Justice Antonin Scalia ’ s seat could not be filled in the months leading up the election .
Less than six weeks before voters @ @ @ @ @ @ @ now a Harvard Law School professor , said Trump ’ s conduct in the heated process will be just as important as the person selected for the lifetime appointment .
“ How you select plays a role in determining the respect with which the public holds the bench , ” the retired judge said .

As Senate Majority Leader Mitch McConnell buttons up plans to fill Justice Ruth Bader Ginsburg’s seat on the Supreme Court, Democrats on Tuesday condemned the influence of dark money over the judiciary.
WASHINGTON (CN) — As Senate Majority Leader Mitch McConnell buttons up plans to fill Justice Ruth Bader Ginsburg’s seat on the Supreme Court, Democrats on Tuesday condemned the influence of dark money over the judiciary.
Senator Sheldon Whitehouse crossed Capitol Hill to testify to the House Judiciary Committee that corporate interests are strategically investing in securing nominees to the federal bench who will pass down rulings that eliminate campaign finance regulations, stifle voting rights for minorities and roll back pollution controls.
He warned that conservative groups like the Federalist Society and the Judicial Crisis Network are pumping money into the process of nominating lifetime appointees to the federal bench.
“A well-stocked bench can deliver things elected members of Congress would never vote for,” Whitehouse said, citing the 2013 decision in Shelby County v. Holder that rolled back a key provision of the Voting Rights Act.
Federalist Society members have accounted for 86% of Trump’s nominees to circuit judgeships as of May 2020, the Senate Democratic Policy and Communications Committee said in a recent report.
“The facts show that it is the nerve center for a complex and massively funded GOP apparatus designed to rewrite the law to suit the narrow-minded political orthodoxy of the Federalist Society’s backers,” the report states.
Warning of big-money influence over the integrity of the courts, Whitehouse, a co-author of the Senate report, said that a single anonymous source donated $17.9 million to the Judicial Crisis Network during the confirmation fight involving President Barack Obama’s blocked nominee to the Supreme Court, U.S. Circuit Judge Merrick Garland, and President Donald Trump’s nomination of Neil Gorsuch to the bench.
A police officer guards the front steps of the Supreme Court in Washington as activists protest on Oct. 9, 2018. A Supreme Court with a new conservative majority took the bench this morning after a bitter Senate confirmation battle for newly elevated Justice Brett Kavanaugh. (AP Photo/Pablo Martinez Monsivais)
The following year, a single anonymous source once again dropped over $17 million in the Judicial Crisis Network’s coffers before Justice Brett Kavanaugh was nominated.
“What do they expect in return?" Whitehouse asked the committee.
Amanda Hollis-Brusky, a politics professor at Pomona College, said whether judges are actually influenced by membership in conservative groups like the Federalist Society is not relevant.
“What matters is how all of this looks to ‘We the People,'” Hollis-Brusky said.
After Whitehouse left the hearing without taking questions, House Judiciary Ranking Member Jim Jordan asked Hollis-Brusky whether she agreed with the Rhode Island senator’s accusation that conservatives under Trump had “captured the courts.”
The professor declined to take a position on whether the courts had been “captured” but said: “The appearance of capture is certainly reasonable given the optics of the Trump administration and how big of a role the federalist society has played in judicial nominations.”
Jordan then took aim at Democrats pushing to increase the number of justices on the Supreme Court from nine to 15 if Trump fills Ginsburg’s seat before the election.
“I don’t think you can come up with a better way of describing capturing the court than what the Democrats are proposing,” the Ohio congressman said.
Ilya Shapiro, director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute, a conservative think tank based in Washington, reinforced Jordan, denying the influence wielded by the Federalist Society over judicial nominations.
“There is no monolith,” Shapiro said, conceding that he has been a Federalist Society member for 20 years.
He added: “What it is is a signaling mechanism to show that you’re unafraid to declare ... that you are committed to certain principles: originalism, textualism, certain modes of interpretation.”
Representative Martha Roby, an Alabama Republican, also asked the GOP witness whether an increase in donor disclosure would chill free speech.
“The freedom of association and private association are important conditional protections,” Shapiro replied.
But retired U.S. District Judge for the District of Massachusetts Nancy Gertner warned that, no matter your political affiliation, the hundreds of Federalist Society members sitting on the federal bench should raise concern.
People hold signs of tribute during a public remembrance to honor the life and legacy of U.S. Supreme Court Justice and former Brooklynite Ruth Bader Ginsburg, outside Brooklyn’s, Municipal Building, Sunday Sept. 20, 2020, in New York. Brooklyn Borough President Eric Adams is calling on Mayor Bill de Blasio to rename the Municipal Building in honor of Justice Ginsburg, a Brooklynite who passed away Friday at the age of 87. (AP Photo/Bebeto Matthews)
The conservative group is closely linked to the five Republican-appointed justices on the bench today and provides shortlists for judicial nominees to Trump’s White House.
“One has to be troubled with a single-lane pipeline to the United States Supreme Court and the lower federal courts which is a pipeline that is monitored and controlled by one organization,” Gertner said.
On Saturday, the president plans to announce his pick to fill a third seat on the high court, with Seventh Circuit Judge Amy Coney Barrett and 11th Circuit Judge Barbara Lagoa emerging as top candidates.
McConnell said Tuesday that the Senate Judiciary Committee will proceed with the nomination per historic precedent. His announcement comes as Democrats argue the GOP leader has brazenly reversed his firm stance during Obama’s final year in office that Justice Antonin Scalia’s seat could not be filled in the months leading up the election.
Less than six weeks before voters head to the polls, Gertner, now a Harvard Law School professor, said Trump’s conduct in the heated process will be just as important as the person selected for the lifetime appointment.
“How you select plays a role in determining the respect with which the public holds the bench,” the retired judge said.