courthousenews--2020-06-18--Illinois Justices Rule Chicago Can’t Destroy Cop Misconduct Records

( CN ) — A Chicago police union ’ s collective-bargaining agreement requirement that the police department destroy all officer disciplinary records after five years is unenforceable because it conflicts with public policy and state records law , the Illinois Supreme Court ruled Thursday .
In a 6-1 decision written by Justice Lloyd Karmeier , the court held that requiring destruction of police disciplinary records conflicts with Illinois law and the state legislature ’ s “ well-defined and dominant ” public policy of proper records retention .
Based on Illinois ’ Local Records Act that establishes a records retention policy @ @ @ @ @ @ @ high court said it agrees with Chicago “ that the statutory framework the General Assembly constructed makes clear that Illinois recognizes a public policy favoring the proper retention of government records.
” The justices also found the destruction of public records may occur only with the approval of a local records commission .
Marie Dillon , policy director for the Better Government Association , a statewide watchdog organization , praised the court ’ s decision .
“ Transparency around police misconduct complaints isn ’ t just about identifying bad cops and holding them @ @ @ @ @ @ @ .
“ It also promotes confidence in the overwhelming majority of officers who do their jobs honorably and well.
” The timing of the decision is important , she said , amid nationwide protests against police violence .
“ It took several years for this case to be resolved , but the Illinois Supreme Court ’ s ruling comes at a particularly important moment .
Public faith in police is shaken , and it won ’ t be restored if disciplinary reports are kept secret , ” Dillon said .
The collective-bargaining agreement @ @ @ @ @ @ @ Fraternal Order of Police requires the destruction of all “ disciplinary investigation files , disciplinary history card entries , Independent Police Review Authority and Internal Affairs Division disciplinary records , and any other disciplinary record or summary of such record other than records related to Police Board cases , ” after five years from the date of the incident or the date upon which the violation is discovered , whichever is longer .
The union filed a grievance against the city , claiming it was violating the collective-bargaining agreement by failing to destroy @ @ @ @ @ @ @ in the union ’ s favor and ordered that the city and union work together on a plan for destroying the records .
Chicago sued in Cook County Circuit Court , which ruled in the city ’ s favor , along with the First District Appellate Court .
In affirming the trial and appellate court decisions , the Illinois Supreme Court said the arbitrator ’ s decision was in direct conflict with the General Assembly ’ s public policy and with state records law .
“ In light of the plain language of @ @ @ @ @ @ @ with the city that the statutory framework the General Assembly constructed makes clear that Illinois recognizes a public policy favoring the proper retention of government records and that the destruction of public records may occur only after consideration by and with the approval from the [ local records commission ] in a process established by the commission , ” Justice Karmeier wrote .
He added “ As such , the procedures laid out in the Local Records Act are an express , legislative restriction on a local government to act in any other @ @ @ @ @ @ @ Chief Justice Anne Burke and Justices Rita Garman , Mary Jane Thies , P. Scott Neville and Michael Burke joined Karmeier in the majority .
Writing in dissent , Justice Thomas Kilbride said he believes police disciplinary records should not be destroyed , but he said that is not what the arbitrator ’ s decision required .
“ My disagreement with the majority has nothing to do with the records that are the subject of this appeal .
I firmly believe that police misconduct must be rooted out , and I would vehemently @ @ @ @ @ @ @ records , ” Kilbride wrote .
He added , “ The arbitrator ’ s award simply directed the parties to negotiate the method and procedure for the possible future destruction of eligible records in compliance with section 8.4 of the collective bargaining agreement .
The arbitrator did not mandate destruction of all records .
Indeed , after negotiations , the parties may not reach any agreement on the destruction of any records.
” Kilbride wrote that the arbitrator ’ s decision “ did not violate any ‘ well-defined and dominant ’ public policy @ @ @ @ @ @ @ and destruction of government records .
”

A Chicago police union’s collective-bargaining agreement requirement that the police department destroy all officer disciplinary records after five years is unenforceable because it conflicts with public policy and state records law, the Illinois Supreme Court ruled Thursday.
(CN) — A Chicago police union’s collective-bargaining agreement requirement that the police department destroy all officer disciplinary records after five years is unenforceable because it conflicts with public policy and state records law, the Illinois Supreme Court ruled Thursday.
In a 6-1 decision written by Justice Lloyd Karmeier, the court held that requiring destruction of police disciplinary records conflicts with Illinois law and the state legislature’s “well-defined and dominant” public policy of proper records retention.
Based on Illinois’ Local Records Act that establishes a records retention policy for cities, the state’s high court said it agrees with Chicago “that the statutory framework the General Assembly constructed makes clear that Illinois recognizes a public policy favoring the proper retention of government records.”
The justices also found the destruction of public records may occur only with the approval of a local records commission.
Marie Dillon, policy director for the Better Government Association, a statewide watchdog organization, praised the court’s decision.
“Transparency around police misconduct complaints isn’t just about identifying bad cops and holding them accountable,” Dillon told Courthouse News. “It also promotes confidence in the overwhelming majority of officers who do their jobs honorably and well.”
The timing of the decision is important, she said, amid nationwide protests against police violence.
“It took several years for this case to be resolved, but the Illinois Supreme Court’s ruling comes at a particularly important moment. Public faith in police is shaken, and it won’t be restored if disciplinary reports are kept secret,” Dillon said.
The collective-bargaining agreement between the city and Chicago’s Fraternal Order of Police requires the destruction of all “disciplinary investigation files, disciplinary history card entries, Independent Police Review Authority and Internal Affairs Division disciplinary records, and any other disciplinary record or summary of such record other than records related to Police Board cases,” after five years from the date of the incident or the date upon which the violation is discovered, whichever is longer.
The union filed a grievance against the city, claiming it was violating the collective-bargaining agreement by failing to destroy the disciplinary records. An arbitrator ruled in the union’s favor and ordered that the city and union work together on a plan for destroying the records.
Chicago sued in Cook County Circuit Court, which ruled in the city’s favor, along with the First District Appellate Court.
In affirming the trial and appellate court decisions, the Illinois Supreme Court said the arbitrator’s decision was in direct conflict with the General Assembly’s public policy and with state records law.
“In light of the plain language of the Local Records Act, we agree with the city that the statutory framework the General Assembly constructed makes clear that Illinois recognizes a public policy favoring the proper retention of government records and that the destruction of public records may occur only after consideration by and with the approval from the [local records commission] in a process established by the commission,” Justice Karmeier wrote.
He added “As such, the procedures laid out in the Local Records Act are an express, legislative restriction on a local government to act in any other way than authorized by the statute.”
Chief Justice Anne Burke and Justices Rita Garman, Mary Jane Thies, P. Scott Neville and Michael Burke joined Karmeier in the majority.
Writing in dissent, Justice Thomas Kilbride said he believes police disciplinary records should not be destroyed, but he said that is not what the arbitrator’s decision required.
“My disagreement with the majority has nothing to do with the records that are the subject of this appeal. I firmly believe that police misconduct must be rooted out, and I would vehemently oppose the indiscriminate destruction of police misconduct records,” Kilbride wrote.
He added, “The arbitrator’s award simply directed the parties to negotiate the method and procedure for the possible future destruction of eligible records in compliance with section 8.4 of the collective bargaining agreement. The arbitrator did not mandate destruction of all records. Indeed, after negotiations, the parties may not reach any agreement on the destruction of any records.”
Kilbride wrote that the arbitrator’s decision “did not violate any ‘well-defined and dominant’ public policy concerning the procedures for the proper retention and destruction of government records.”


courthousenews--2020-06-18--California Courts Covid Update

California Courts Covid Update

June 16 , 2020 : Courthouse to open as of June 29 June 18 , 2020 : Emergency bail schedule @ @ @ @ @ as of June 20 June 16 , 2020 : Time periods for felony offenses to @ @ @ @ @ extended per Judicial Council order

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.


Facial Scrubs

SAN FRANCISCO — Class action plaintiffs have provided no evidence linking “ micro-tears ” caused by Unilever ’ s St. @ @ @ @ @ any “ concrete injuries , ” the Ninth Circuit ruled .


courthousenews--2020-06-18--DACA Ruling Safeguards Dreamers on the Front Lines of Covid-19

WASHINGTON ( CN ) — Joana Cabrera was in the lab programming robots to help increase California ’ s capacity to test for Covid-19 when she received a life-changing text from her attorney : her green card was approved .
Even with the change in her immigration status , however , the newly minted legal permanent resident was anxious about how the Supreme Court would resolve a long-running dispute over the program that had previously enshrined her as a Dreamer .
Thursday morning in a 5-4 split , the high court blocked what it called an arbitrary and capricious attempt @ @ @ @ @ @ @ , short for Deferred Action for Childhood Arrivals .
“ I cried and I was shaking , ” Cabrera said .
“ That was a part and is a part of my identity for so long , and growing up with that fear of impermanence , that doesn ’ t just leave the moment you get a green card.
” A graduate of the top public school in the country , the University of California , Berkeley , Cabrera is a bioengineer at the San Francisco-based medical research center Biohub , funded by @ @ @ @ @ @ @ Chan .
As Covid-19 cases surged in the early weeks of the pandemic , Cabrera was clocking 15-hour days , much of which occurred with a face mask that made the work hot .
According to the Center for American Progress , more than 200,000 Dreamers are front-line workers .
An estimated 27,000 of those DACA recipients are working in critical health care professions , the American Association of Medical Colleges informed the Supreme Court in an amicus brief .
Cabrera said Thursday ’ s ruling is critical to keep DACA recipients in @ @ @ @ @ @ @ battle the novel coronavirus .
ACLU deputy director of immigration policy Andrea Flores said the Supreme Court ruling decides the fate of some 650,000 immigrants permitted to attend university and receive work permits without fear of deportation under the Obama-era program .
“ Today DACA recipients have certainty that their lives will not be destroyed , ” she said .
Rescinding DACA status would have been devastating to the U.S. restaurant industry and social services , Flores added , to say nothing of the health care system , which has seen scores of @ @ @ @ @ @ @ the pandemic response .
“ DACA recipients have continued from the start of this pandemic to do what they have been doing for so long which is filling some of the most important jobs that our nation needs , and our country needs to do the right thing and give them that path to citizenship , ” Flores said .
President Donald Trump signaled Thursday that his administration would find another way to end DACA , which he says Obama created by abusing the authority of the presidency .
“ The fact remains @ @ @ @ @ @ @ of illegal aliens continue to remain in our country in violation of the laws passed by Congress and to take jobs Americans need now more than ever , ” the Department of Homeland Security said in a statement .
Thursday ’ s ruling by the Supreme Court outlines the administrative maze the Trump administration must navigate to end DACA lawfully , leaving Flores and others to call for Congress to pass the American Dream and Promise Act .
The legislation has already cleared the Democrat-led House and would allow DACA recipients to make @ @ @ @ @ @ @ is the only country they have ever known .
Cabrera agreed the justices ’ decision is not a final victory and that immigration policy reform is needed to keep workers critical to the Covid-19 response safe from deportation .
“ While this is great , this is incredible news — and it takes weights off of our shoulders — this is the same exact state that we were in before , ” she said .
“ So there is still a lot of work to do .
Law professor Michael Olivas said he @ @ @ @ @ @ @ manage to maneuver the federal requirements to rescind DACA one again before the November presidential election .
“ The Supreme Court now gives them the blueprint of what they have to do , ” said Olivas , who recently retired from the University of Houston where he served as the William B. Bates distinguished chair in law and director of the Institute for Higher Education Law .
“ My guess is the administration will run pretty quickly with this , ” he added , explaining that , at the end of the day @ @ @ @ @ @ @ buy time for Dreamers .
“ The sword of Damocles is still hanging over them , ” the professor said .
The future is even less certain for those in a Dreamer ’ s orbit .
“ They ’ re most concerned about the family members that they provided information about in order to apply , ” said Katherine Gin , executive director of Immigrants Rising , whom Courthouse News spoke to in May about the mental toll on Dreamers awaiting the ruling .
In pandemic times , though , stay-home orders and @ @ @ @ @ @ @ brought instability for many segments of the country .
“ We ’ re getting a bit of a glimpse into what it ’ s like to live in the situation that DACA recipients and other immigrants have been living — unable to plan , unable to think about whether they are going to be in this country or where else they ’ re going to be able to go , ” Leisy Abrego , a University of California , Los Angeles , professor of Chicana/o Studies , said in a May interview .
@ @ @ @ @ @ @ ground the immigration system to a halt .
The U.S .
Citizenship and Immigration Services recently looked to Congress for an emergency bailout of $ 1.2 billion claiming the agency saw a dramatic drop in fee-based revenue due to Covid-19 .
Strapped for funds , the immigration system would have been hard pressed to process the very change in status petitions that DACA recipients would have sought to file to avoid deportation if the Supreme Court had allowed the White House to roll back the program .
Flores , with the ACLU , @ @ @ @ @ @ @ Dreamers to immigration detention centers to await deportation would be high risk in the midst of a global pandemic .
“ If you arrest a number of DACA recipients , you ’ ll send them right into that system where there ’ s already such increased public health risk for people who are detained in civil detention , ” Flores said .
Abrego said there had been some DACA recipients who considered starting a new chapter in a country where the strictures of their U.S. immigration status would be less defining .
“ @ @ @ @ @ @ @ much of an option anymore , until things change , ” the UCLA professor said .
“ It ’ s one layer of uncertainty over another , over another .
”

Joana Cabrera was in the lab programming robots to help increase California’s capacity to test for Covid-19 when she received a life-changing text from her attorney: her green card was approved.
WASHINGTON (CN) — Joana Cabrera was in the lab programming robots to help increase California’s capacity to test for Covid-19 when she received a life-changing text from her attorney: her green card was approved.
Even with the change in her immigration status, however, the newly minted legal permanent resident was anxious about how the Supreme Court would resolve a long-running dispute over the program that had previously enshrined her as a Dreamer.
Thursday morning in a 5-4 split, the high court blocked what it called an arbitrary and capricious attempt by the Trump administration to terminate DACA, short for Deferred Action for Childhood Arrivals.
“I cried and I was shaking,” Cabrera said. “That was a part and is a part of my identity for so long, and growing up with that fear of impermanence, that doesn’t just leave the moment you get a green card.”
A graduate of the top public school in the country, the University of California, Berkeley, Cabrera is a bioengineer at the San Francisco-based medical research center Biohub, funded by Mark Zuckerberg and his wife, Priscilla Chan. As Covid-19 cases surged in the early weeks of the pandemic, Cabrera was clocking 15-hour days, much of which occurred with a face mask that made the work hot.
According to the Center for American Progress, more than 200,000 Dreamers are front-line workers. An estimated 27,000 of those DACA recipients are working in critical health care professions, the American Association of Medical Colleges informed the Supreme Court in an amicus brief.
Cabrera said Thursday’s ruling is critical to keep DACA recipients in the U.S. as the world continues to battle the novel coronavirus.
ACLU deputy director of immigration policy Andrea Flores said the Supreme Court ruling decides the fate of some 650,000 immigrants permitted to attend university and receive work permits without fear of deportation under the Obama-era program.
“Today DACA recipients have certainty that their lives will not be destroyed,” she said.
Rescinding DACA status would have been devastating to the U.S. restaurant industry and social services, Flores added, to say nothing of the health care system, which has seen scores of Dreamers serve as first responders critical to the pandemic response.
“DACA recipients have continued from the start of this pandemic to do what they have been doing for so long which is filling some of the most important jobs that our nation needs, and our country needs to do the right thing and give them that path to citizenship,” Flores said.
President Donald Trump signaled Thursday that his administration would find another way to end DACA, which he says Obama created by abusing the authority of the presidency.
“The fact remains that under DACA, hundreds of thousands of illegal aliens continue to remain in our country in violation of the laws passed by Congress and to take jobs Americans need now more than ever,” the Department of Homeland Security said in a statement.
Thursday’s ruling by the Supreme Court outlines the administrative maze the Trump administration must navigate to end DACA lawfully, leaving Flores and others to call for Congress to pass the American Dream and Promise Act.
The legislation has already cleared the Democrat-led House and would allow DACA recipients to make a forever home in what for many is the only country they have ever known.
Cabrera agreed the justices’ decision is not a final victory and that immigration policy reform is needed to keep workers critical to the Covid-19 response safe from deportation.
“While this is great, this is incredible news — and it takes weights off of our shoulders — this is the same exact state that we were in before,” she said. “So there is still a lot of work to do.
Law professor Michael Olivas said he does not anticipate the Trump administration will manage to maneuver the federal requirements to rescind DACA one again before the November presidential election.
“The Supreme Court now gives them the blueprint of what they have to do,” said Olivas, who recently retired from the University of Houston where he served as the William B. Bates distinguished chair in law and director of the Institute for Higher Education Law.
“My guess is the administration will run pretty quickly with this,” he added, explaining that, at the end of the day, the ruling does nothing more than buy time for Dreamers. “The sword of Damocles is still hanging over them,” the professor said.
The future is even less certain for those in a Dreamer’s orbit.
“They’re most concerned about the family members that they provided information about in order to apply,” said Katherine Gin, executive director of Immigrants Rising, whom Courthouse News spoke to in May about the mental toll on Dreamers awaiting the ruling.
In pandemic times, though, stay-home orders and mounting death tolls from the virus have brought instability for many segments of the country.
“We’re getting a bit of a glimpse into what it’s like to live in the situation that DACA recipients and other immigrants have been living — unable to plan, unable to think about whether they are going to be in this country or where else they’re going to be able to go,” Leisy Abrego, a University of California, Los Angeles, professor of Chicana/o Studies, said in a May interview.
During the coronavirus outbreak, Trump has ground the immigration system to a halt. The U.S. Citizenship and Immigration Services recently looked to Congress for an emergency bailout of $1.2 billion claiming the agency saw a dramatic drop in fee-based revenue due to Covid-19.
Strapped for funds, the immigration system would have been hard pressed to process the very change in status petitions that DACA recipients would have sought to file to avoid deportation if the Supreme Court had allowed the White House to roll back the program.
Flores, with the ACLU, said in a May interview that removing Dreamers to immigration detention centers to await deportation would be high risk in the midst of a global pandemic.
“If you arrest a number of DACA recipients, you’ll send them right into that system where there’s already such increased public health risk for people who are detained in civil detention,” Flores said.
Abrego said there had been some DACA recipients who considered starting a new chapter in a country where the strictures of their U.S. immigration status would be less defining.
“That’s not going to be much of an option anymore, until things change,” the UCLA professor said. “It’s one layer of uncertainty over another, over another.”


Diesel Emissions

SAN FRANCISCO — The Northern District of California dismissed a suit against Volkswagen brought by salespeople who claim they were @ @ @ @ @ and keeping their jobs by the company ’ s diesel emissions fraud and harmed by @ @ @ @ @ that fraud was revealed .


Excessive Force

CINCINNATI — Plainclothes police officers who approached a black man with their weapons drawn and tased , pepper sprayed and @ @ @ @ @ cause — are not entitled to qualified immunity on excessive force claims , the Sixth @ @ @ @ @ initially thought he was about to be robbed .
The man also has sufficient evidence @ @ @ @ @ claim against the city , because the use of a Chris Rock video titled “ @ @ @ @ @ ass kicked by the police !
” during police training , along with other images @ @ @ @ @ “ highly inappropriate for law-enforcement instruction .
”

Plainclothes police officers who approached a black man with their weapons drawn and tased, pepper sprayed and arrested him — without probable cause — are not entitled to qualified immunity on excessive force claims, the Sixth Circuit ruled. The man initially thought he was about to be robbed.
CINCINNATI — Plainclothes police officers who approached a black man with their weapons drawn — tased, pepper-sprayed and arrested him without probable cause — are not entitled to qualified immunity on excessive-force claims, the Sixth Circuit ruled. The man initially thought he was about to be robbed.
The man also has sufficient evidence to support his municipal liability claim against the city, because the use of a Chris Rock video titled “How not to get your ass kicked by the police!” during police training, along with other images used during training, were “highly inappropriate for law-enforcement instruction.”


courthousenews--2020-06-18--Sixth Circuit Hears Fight Over Obama-Era Clean Water Rule

CINCINNATI ( CN ) — A 2015 Environmental Protection Agency rule that expanded the definition of the waters of the United States was debated Thursday at the Sixth Circuit , as Ohio and Tennessee argued the since-repealed rule was unconstitutional and could still be put back into effect .
Eighteen states filed three separate suits in June 2015 after the Obama administration ’ s EPA expanded the definition of tributaries so that “ dry ponds , ephemeral streams , intermittent channels , and even ditches ” would be regulated by the federal government , according to the states .
The @ @ @ @ @ @ @ later the same year , although that stay was eventually lifted after the Trump administration worked toward its eventual repeal , which occurred in September 2019 .
The 2015 rule – referred to as the Waters of the United States rule – was ultimately replaced in April by the so-called Navigable Waters Protection Rule , which says smaller bodies of water are “ nonjurisdictional.
” U.S. District Judge Edmund Sargus Jr. , an appointee of Bill Clinton , denied Tennessee and Ohio ’ s renewed motion for a preliminary injunction in March 2019 @ @ @ @ @ @ @ draw the court ’ s attention to any particularized harm that they will suffer while this matter remains pending.
” “ While any violation of the Constitution is undoubtedly serious , the alleged offending action of the federal government has been rescinded or , at least , suspended by the same agency , ” Sargus wrote .
Thursday ’ s arguments before the Cincinnati-based appeals court were conducted via videoconference , and attorney Ben Flowers argued on behalf of Ohio and Tennessee .
Flowers began by addressing whether the case had been mooted @ @ @ @ @ @ @ , telling the panel he believes the EPA ’ s “ shift in position is reasonably likely to be enjoined , ” which would put the rule back into effect .
“ If the rule goes back into effect , ” the attorney said , “ we will once again be subject to the loss of sovereignty that comes with the rule ’ s broader definition of navigable waters , as well as the administrative costs that come with the more expansive definition.
” Senior U.S .
Circuit Judge David McKeague , an @ @ @ @ @ @ @ Flowers and asked about the type of relief his clients are seeking .
“ You want us to give you an injunction with respect to a rule that as of today is not in effect , ” McKeague said .
Flowers pointed out that 27 states have injunctions of the kind Ohio and Tennessee are requesting , and that the court ’ s refusal to grant one puts them at a “ competitive disadvantage ” when planning projects and developments .
He went on to say there are a large number of cases @ @ @ @ @ @ @ rule and the replacement rule , and that a “ universal injunction ” in just one of those cases would bring the Obama-era rule back into effect .
U.S .
Circuit Judge Raymond Kethledge , also a Bush appointee , asked the attorney what would happen if such an injunction was granted in one of the cases challenging the new rule .
Flowers said the Sixth Circuit could author its opinion in such a way that both the 2015 rule and the most recent rule would be invalid , and the definition of @ @ @ @ @ @ @ the “ pre-2015 world.
” Attorney Jolie McLaughlin argued on behalf of the National Wildlife Federation and the Natural Resources Defense Council Inc. , two intervening parties , and told the panel it can not offer the relief requested by the states .
“ This court has explained in Brandywine v. City of Richmond that it can not enjoin enforcement of a provision that is no longer in effect , ” the attorney said , referring to a 2004 decision .
McLaughlin said there is no indication the federal government intends to reenact @ @ @ @ @ @ @ policy shift to the new rule “ genuine.
” She cautioned the court against speculating on the outcomes of other cases , reiterating there is “ no immediate risk of the Clean Water rule coming back into effect … and no immediate risk of harm.
” Attorney Robert Lundman argued on behalf of the EPA and the Army Corps of Engineers and told the panel his clients believe the case is moot because no state or entity has sought an injunction against the repeal rule .
Lundman argued that even if an injunction @ @ @ @ @ @ @ there would still be no threat of imminent harm because the 2015 rule would not go back into effect .
Judge McKeague asked the government ’ s attorney if the panel could declare the appeal moot and send the case back to the district court to wait on the outcome of other cases across the country .
“ There have been a number of district courts who have challenges to the 2015 rule who have simply stayed proceedings to wait and see what happens because this is a complicated rule-making situation with multiple @ @ @ @ @ @ @ We the government have repealed the 2105 rule , ” he added .
“ We ’ re not looking to defend it anymore … [ and ] we think leaving the cases open because of the uncertain legal landscape is sensible.
” Chief U.S .
Circuit Judge R. Guy Cole Jr. , a Clinton appointee , also sat on the panel .
No timetable has been set for the Sixth Circuit ’ s decision .

A 2015 Environmental Protection Agency rule that expanded the definition of the waters of the United States was debated Thursday at the Sixth Circuit, as Ohio and Tennessee argued the since-repealed rule was unconstitutional and could still be put back into effect.
CINCINNATI (CN) — A 2015 Environmental Protection Agency rule that expanded the definition of the waters of the United States was debated Thursday at the Sixth Circuit, as Ohio and Tennessee argued the since-repealed rule was unconstitutional and could still be put back into effect.
Eighteen states filed three separate suits in June 2015 after the Obama administration’s EPA expanded the definition of tributaries so that “dry ponds, ephemeral streams, intermittent channels, and even ditches” would be regulated by the federal government, according to the states.
The rule was stayed by the Sixth Circuit later the same year, although that stay was eventually lifted after the Trump administration worked toward its eventual repeal, which occurred in September 2019.
The 2015 rule — referred to as the Waters of the United States rule — was ultimately replaced in April by the so-called Navigable Waters Protection Rule, which says smaller bodies of water are “nonjurisdictional.”
U.S. District Judge Edmund Sargus Jr., an appointee of Bill Clinton, denied Tennessee and Ohio’s renewed motion for a preliminary injunction in March 2019, finding the states “failed to draw the court’s attention to any particularized harm that they will suffer while this matter remains pending.”
“While any violation of the Constitution is undoubtedly serious, the alleged offending action of the federal government has been rescinded or, at least, suspended by the same agency,” Sargus wrote.
Thursday’s arguments before the Cincinnati-based appeals court were conducted via videoconference, and attorney Ben Flowers argued on behalf of Ohio and Tennessee.
Flowers began by addressing whether the case had been mooted by the repeal of the 2015 rule, telling the panel he believes the EPA’s “shift in position is reasonably likely to be enjoined,” which would put the rule back into effect.
“If the rule goes back into effect,” the attorney said, “we will once again be subject to the loss of sovereignty that comes with the rule’s broader definition of navigable waters, as well as the administrative costs that come with the more expansive definition.”
Senior U.S. Circuit Judge David McKeague, an appointee of George W. Bush, interrupted Flowers and asked about the type of relief his clients are seeking.
“You want us to give you an injunction with respect to a rule that as of today is not in effect,” McKeague said.
Flowers pointed out that 27 states have injunctions of the kind Ohio and Tennessee are requesting, and that the court’s refusal to grant one puts them at a “competitive disadvantage” when planning projects and developments.
He went on to say there are a large number of cases across the country challenging both the repeal rule and the replacement rule, and that a “universal injunction” in just one of those cases would bring the Obama-era rule back into effect.
U.S. Circuit Judge Raymond Kethledge, also a Bush appointee, asked the attorney what would happen if such an injunction was granted in one of the cases challenging the new rule.
Flowers said the Sixth Circuit could author its opinion in such a way that both the 2015 rule and the most recent rule would be invalid, and the definition of navigable waters would be sent back to the “pre-2015 world.”
Attorney Jolie McLaughlin argued on behalf of the National Wildlife Federation and the Natural Resources Defense Council Inc., two intervening parties, and told the panel it cannot offer the relief requested by the states.
“This court has explained in Brandywine v. City of Richmond that it cannot enjoin enforcement of a provision that is no longer in effect,” the attorney said, referring to a 2004 decision.
McLaughlin said there is no indication the federal government intends to reenact the 2015 rule, and called the policy shift to the new rule “genuine.”
She cautioned the court against speculating on the outcomes of other cases, reiterating there is “no immediate risk of the Clean Water rule coming back into effect … and no immediate risk of harm.”
Attorney Robert Lundman argued on behalf of the EPA and the Army Corps of Engineers and told the panel his clients believe the case is moot because no state or entity has sought an injunction against the repeal rule.
Lundman argued that even if an injunction is granted regarding the newest rule, there would still be no threat of imminent harm because the 2015 rule would not go back into effect.
Judge McKeague asked the government’s attorney if the panel could declare the appeal moot and send the case back to the district court to wait on the outcome of other cases across the country.
“There have been a number of district courts who have challenges to the 2015 rule who have simply stayed proceedings to wait and see what happens because this is a complicated rule-making situation with multiple rules,” Lundman said.
“We the government have repealed the 2105 rule,” he added. “We’re not looking to defend it anymore … [and] we think leaving the cases open because of the uncertain legal landscape is sensible.”
Chief U.S. Circuit Judge R. Guy Cole Jr., a Clinton appointee, also sat on the panel.
No timetable has been set for the Sixth Circuit’s decision.


courthousenews--2020-06-19--Dealing With Forced Closures Through Exercise

Forced closures of gyms led to a run on bicycles ; some bike shops are sold out .
HOUSTON ( CN ) — Cast adrift by state-ordered gym shutdowns , Houston personal trainer Joseph Supercinski started working with clients at parks and tennis courts .
Then he settled on a spot just steps from his front door , his carport , where he has set up a squat rack and bench press and added several neighbors to his clientele .
With gyms across the nation limiting their foot traffic and the size of their fitness classes in compliance with social-distancing @ @ @ @ @ @ @ , people sick with cabin fever , who have been laid off or are working from home , are exercising outdoors like never before .
They are buying bicycles instead of renewing their gym memberships and buying scooters for their children .
Sales of bicycles , stationary bikes , bike parts and gear reached $ 1 billion in April , nearly double the typical April sales of $ 575 million , according to NDP Group , a market research firm .
The boom is evident in the empty bike sales racks of Walmart @ @ @ @ @ @ @ it is not just a local fad .
“ There ’ s a shortage of bikes nationwide .
The Chinese shipment is kind of iffy and it essentially shut down for a while .
So we are getting some bikes built in South Carolina and Canada , not just from China right now , ” said Daniel Kan , a mechanic at I Cycle Bike Shop in Houston .
Kan said the shop ’ s bike sales have doubled since March and it has cut its hours Monday through Saturday , and now @ @ @ @ @ @ @ can rest .
Repeated inquiries over the past two months to see if the shop was accepting bikes for tune-ups were met with the same response : Not right now , check back in two weeks .
“ We accepted bikes for one week and we got 60 bike repairs .
So we are a little behind , ” Kan ’ s colleague said on the phone Thursday .
Supercinski , a 23-year-old exercise science graduate of the University of Texas-San Antonio , said the pandemic has opened more people ’ s eyes @ @ @ @ @ @ @ need a gym to work out , and you can get a workout with just the space you have .
“ I definitely noticed when I go to the park , ” he said .
“ You see families out there with their kids going bike riding more often .
You see the parents out there with their kids playing and they are exercising as well .
And I feel like a lot of people are going to lean more toward that because at the same time you are spending quality time with @ @ @ @ @ @ @ to notice the neighborhood hubbub , the din of the trash truck lifting and shaking out the Dumpster , the dogs running and back and forth fetching tennis balls thrown by their owners , and the screams of children playing tag .
Hip-hop music playing on his phone , he keeps his eyes focused on his clients , pushing them with a steady stream of encouragement , “ Come on .
Three more .
… Good .
Just like that.
” A neighbor complained about the DYI gym , but the homeowners ’ @ @ @ @ @ @ @ part of his townhome property , she could not stop Supercinski from running his gym there .
It started out small , with a few dumbbells and yoga mats .
In May , he said equipment was hard to find .
“ A lot of places are sold out , ” he said at the time .
Since then he has added a squat rack , a bench press and Olympic-style rings attached to straps that he ties onto the carport ’ s undergirding , which he and his clients use for dips @ @ @ @ @ @ @ see a bump in business as the chains Gold ’ s Gym and 24 Hour Fitness filed for bankruptcy in April and May , both citing loss of revenue due to forced closures .
Gold ’ s permanently shuttered 30 gyms ; 24 Hour turned out the lights for good on 100 , but its CEO vowed to open new ones when the 35-year-old company emerges from bankruptcy .
“ If it were not for Covid-19 and its devastating effects , we would not be filing for Chapter 11 , ” 24 Hour @ @ @ @ @ @ @ a statement .
Debbie Silva , 41 , said she decided to hire Supercinski , her neighbor , because the YMCA gym where she was a longtime member is temporarily closed .
At the gym , she said , she would use an app called Beachbody that provides users with exercise programs to follow .
But she appreciates Supercinski ’ s emphasis on form .
“ Before I was always thinking ‘ I don ’ t even know if I ’ m doing it right , but I ’ m getting a workout.
@ @ @ @ @ @ @ ‘ Today we are going to work on our backs and this and that , ’ ” she said .
The family atmosphere is reinforced by Supercinski ’ s mother and his cousin working out alongside his clients .
He guides them too , but his clients come first , Silva said .
“ When [ his family ] wants to talk to him and ask him something .
He ’ s like , ‘ Hold on.
’ He ’ s real serious , like , ‘ Hold on I ’ m with @ @ @ @ @ @ @ .
Supercinski said his high school basketball coach helped develop his passion for fitness , and he sees his clients as his canvases .
“ To me it seems more like a form of art because it ’ s more than , ‘ Here do this.
’ It ’ s about trying to target different parts of the body .
I find that fun and that ’ s what drives me to keep doing it , ” he said .
Supercinski said the week the Houston gym where he was working shut down @ @ @ @ @ @ @ just hired him , but many stayed with him , some receiving instructions online via Facetime ; he made house calls to others and others visited his carport gym .
Now with 14 clients , the pandemic has given him the confidence to work independently .
“ It definitely started off as a negative .
But just with the support , I was able to make it a positive .
And I feel like it ’ s best for the next step of my career , ” he said .

Cast adrift by state-ordered gym shutdowns, Houston personal trainer Joseph Supercinski started working with clients at parks and tennis courts. Then he settled on a spot just steps from his front door, his carport, where he has set up a squat rack and bench press and added several neighbors to his clientele.
HOUSTON (CN) — Cast adrift by state-ordered gym shutdowns, Houston personal trainer Joseph Supercinski started working with clients at parks and tennis courts. Then he settled on a spot just steps from his front door, his carport, where he has set up a squat rack and bench press and added several neighbors to his clientele.
With gyms across the nation limiting their foot traffic and the size of their fitness classes in compliance with social-distancing orders, and some yet to reopen, people sick with cabin fever, who have been laid off or are working from home, are exercising outdoors like never before.
They are buying bicycles instead of renewing their gym memberships and buying scooters for their children.
Sales of bicycles, stationary bikes, bike parts and gear reached $1 billion in April, nearly double the typical April sales of $575 million, according to NDP Group, a market research firm.
The last bike left in an Academy Sports store in Houston. (Courthouse News photo/Cameron Langford)
The boom is evident in the empty bike sales racks of Walmart and Target stores in Houston. And it is not just a local fad.
“There’s a shortage of bikes nationwide. The Chinese shipment is kind of iffy and it essentially shut down for a while. So we are getting some bikes built in South Carolina and Canada, not just from China right now,” said Daniel Kan, a mechanic at I Cycle Bike Shop in Houston.
Kan said the shop’s bike sales have doubled since March and it has cut its hours Monday through Saturday, and now closes on Sunday so its small staff can rest.
Repeated inquiries over the past two months to see if the shop was accepting bikes for tune-ups were met with the same response: Not right now, check back in two weeks.
“We accepted bikes for one week and we got 60 bike repairs. So we are a little behind,” Kan’s colleague said on the phone Thursday.
Supercinski, a 23-year-old exercise science graduate of the University of Texas-San Antonio, said the pandemic has opened more people’s eyes to the fact you don’t need a gym to work out, and you can get a workout with just the space you have.
“I definitely noticed when I go to the park,” he said. “You see families out there with their kids going bike riding more often. You see the parents out there with their kids playing and they are exercising as well. And I feel like a lot of people are going to lean more toward that because at the same time you are spending quality time with your family.”
Supercinski sees clients in his townhome’s 20-by-20-foot carport.
He does not seem to notice the neighborhood hubbub, the din of the trash truck lifting and shaking out the Dumpster, the dogs running and back and forth fetching tennis balls thrown by their owners, and the screams of children playing tag.
Hip-hop music playing on his phone, he keeps his eyes focused on his clients, pushing them with a steady stream of encouragement, “Come on. Three more. … Good. Just like that.”
A neighbor complained about the DYI gym, but the homeowners’ association president said because the carport is part of his townhome property, she could not stop Supercinski from running his gym there.
It started out small, with a few dumbbells and yoga mats.
In May, he said equipment was hard to find. “A lot of places are sold out,” he said at the time.
Since then he has added a squat rack, a bench press and Olympic-style rings attached to straps that he ties onto the carport’s undergirding, which he and his clients use for dips and rowing exercises.
Personal trainers could see a bump in business as the chains Gold’s Gym and 24 Hour Fitness filed for bankruptcy, on May 4 and June 15, both citing loss of revenue due to forced closures.
Gold’s permanently shuttered 30 gyms; 24 Hour turned out the lights for good on 100, but its CEO vowed to open new ones when the 35-year-old company emerges from bankruptcy.
"If it were not for Covid-19 and its devastating effects, we would not be filing for Chapter 11," 24 Hour’s CEO Tony Ueber said in a statement.
Debbie Silva, 41, said she decided to hire Supercinski, her neighbor, because the YMCA gym where she was a longtime member is temporarily closed.
At the gym, she said, she would use an app called Beachbody that provides users with exercise programs to follow. But she appreciates Supercinski’s emphasis on form.
“Before I was always thinking ‘I don’t even know if I’m doing it right, but I’m getting a workout.’ With him it’s like ‘Today we are going to work on our backs and this and that,’” she said.
The family atmosphere is reinforced by Supercinski’s mother and his cousin working out alongside his clients. He guides them too, but his clients come first, Silva said.
“When [his family] wants to talk to him and ask him something. He’s like, ‘Hold on.’ He’s real serious, like, ‘Hold on I’m with a client,’” Silva said.
Supercinski said his high school basketball coach helped develop his passion for fitness, and he sees his clients as his canvases.
“To me it seems more like a form of art because it’s more than, ‘Here do this.’ It’s about trying to target different parts of the body. I find that fun and that’s what drives me to keep doing it,” he said.
Supercinski said the week the Houston gym where he was working shut down, he lost two clients who had just hired him, but many stayed with him, some receiving instructions online via Facetime; he made house calls to others and others visited his carport gym.
Now with 14 clients, the pandemic has given him the confidence to work independently.
“It definitely started off as a negative. But just with the support, I was able to make it a positive. And I feel like it’s best for the next step of my career,” he said.


Dancing With Dogs

“ You guys have been pretty quiet today , ” I told Cleo and Titus as we drove to the park .
I knew at once — well , after four seconds or so — that that was a strange thing to say , because Cleo and Titus are dogs .
Yeah , I talk to my dogs .
I sing to them and dance with them , and for them , and hug and kiss them and sleep with them .
Is there anything wrong with that ?
Cleo and Titus are the only human beings — OK , @ @ @ @ @ @ @ who have kept me alive during this pandemic .
And I ain ’ t exaggerating .
Denver has a great off-leash dog park , which I have written about before .
Its south parking lot is 11¼ miles from my front door .
On the way there , we sing along with Bob Dylan , or sing old Beatles songs , unaccompanied .
You don ’ t need to sing along with Beatles songs .
They ’ re a link in DNA .
OK , all right .
Cleo and Titus don ’ @ @ @ @ @ @ @ youngsters .
Generation DogZ .
Whatever .
However — for the record — Cleo does speak up when it comes to big trucks .
Cleo hates big trucks .
I don ’ t know why , and when I ask her she does not respond , on advice of her attorney , I suppose .
But ever ’ time we pass a big truck , or a big truck passes us , Cleo leaps to the window and gives that truck a piece of her mind .
“ Woof !
” she says @ @ @ @ @ @ @ , big truck !
” Cleo says .
I support her on this .
When she ’ s not barking at trucks , Cleo might lean her big square heavy head on my left shoulder .
And that , my friends , is about all that ’ s kept me alive during this pandemic .
I know she ’ s a dumb beast .
Titus is way smarter than Cleo .
But something about Cleo ’ s big head on my shoulder keeps me alive .
Cleo and Titus are both “ rescues @ @ @ @ @ @ @ Castle Rock rescued them from kill shelters in Texas .
Cleo was a street dog .
She has scars around her eyes , and after I adopted her , she ’ d startle and wake up if I touched her as I passed .
Now she don ’ t mind if I touch her , even when she ’ s asleep .
I consider this a victory , and it makes my heart glad , most ever ’ day .
Cleo and Titus stage mock battles in the living room while I ’ @ @ @ @ @ @ @ .
It sounds horrible : snarls and thumps and ever thang .
Dogs are so much better than men .
I ain ’ t saying that dogs are better than women .
But dogs are better than men .
Cleo and Titus know that their pretend fights are just for fun .
They don ’ t care who wins or loses .
They ain ’ t no way to win nor lose .
It ’ s a game .
Dogs wan na play .
And they ain ’ t too many ways of @ @ @ @ @ @ @ , that don ’ t involve winning or losing .
Women have way more , and better , ways of playing than men do .
But that ’ s a subject for another column , and I ain ’ t qualified to do it .
But Cleo , bless her heart , plays by men ’ s rules .
Cause that ’ s the world she was born into .
And as I said , I will back her up all the way down the line .
Bark at those big trucks , @ @ @ @ @ @ @ ’ m on your side .
I ain ’ t quite sure why , though .
Maybe it ’ s because a big truck never nuzzled me in the night .
And I hope won ’ t never .
Not with Cleo by my side , anyway .
You can bet on that .

“You guys have been pretty quiet today,” I told Cleo and Titus as we drove to the park. I knew at once — well, after four seconds or so — that that was a strange thing to say, because Cleo and Titus are dogs.
“You guys have been pretty quiet today,” I told Cleo and Titus as we drove to the park. I knew at once — well, after four seconds or so — that that was a strange thing to say, because Cleo and Titus are dogs.
Yeah, I talk to my dogs. I sing to them and dance with them, and for them, and hug and kiss them and sleep with them.
Is there anything wrong with that?
Cleo and Titus are the only human beings — OK, I know they’re dogs — who have kept me alive during this pandemic. And I ain’t exaggerating.
Titus and Cleo. (Robert Kahn/Courthouse News Service)
Denver has a great off-leash dog park, which I have written about before. Its south parking lot is 11¼ miles from my front door.
On the way there, we sing along with Bob Dylan, or sing old Beatles songs, unaccompanied.
You don’t need to sing along with Beatles songs. They’re a link in DNA.
OK, all right. Cleo and Titus don’t sing along. They’re youngsters. Generation DogZ. Whatever.
However — for the record — Cleo does speak up when it comes to big trucks.
Cleo hates big trucks. I don’t know why, and when I ask her she does not respond, on advice of her attorney, I suppose. But ever’ time we pass a big truck, or a big truck passes us, Cleo leaps to the window and gives that truck a piece of her mind.
“Woof!” she says. “Woof woof! Take that, big truck!” Cleo says.
I support her on this.
“Good dog, Cleo,” I say. “You tell ‘em.”
When she’s not barking at trucks, Cleo might lean her big square heavy head on my left shoulder. And that, my friends, is about all that’s kept me alive during this pandemic.
I know she’s a dumb beast. Titus is way smarter than Cleo. But something about Cleo’s big head on my shoulder keeps me alive.
Cleo and Titus are both “rescues:” The Dumb Friends League in Castle Rock rescued them from kill shelters in Texas. Cleo was a street dog. She has scars around her eyes, and after I adopted her, she’d startle and wake up if I touched her as I passed.
Now she don’t mind if I touch her, even when she’s asleep. I consider this a victory, and it makes my heart glad, most ever’ day.
Cleo and Titus stage mock battles in the living room while I’m trying to put out this page. It sounds horrible: snarls and thumps and ever thang.
I love to hear it.
Dogs are so much better than men.
I ain’t saying that dogs are better than women.
But dogs are better than men.
Cleo and Titus know that their pretend fights are just for fun. They don’t care who wins or loses. They ain’t no way to win nor lose. It’s a game.
Dogs wanna play. And they ain’t too many ways of playing on Planet Earth, for men, that don’t involve winning or losing.
Women have way more, and better, ways of playing than men do. But that’s a subject for another column, and I ain’t qualified to do it.
But Cleo, bless her heart, plays by men’s rules. Cause that’s the world she was born into.
And as I said, I will back her up all the way down the line.
Bark at those big trucks, Cleo. They deserve it. I’m on your side.
I ain’t quite sure why, though. Maybe it’s because a big truck never nuzzled me in the night.
And I hope won’t never. Not with Cleo by my side, anyway. You can bet on that.
(Robert Kahn learned grammar from his Opa, who was born in Louisiana. “You see, Robert, Southerners speak two languages, English and obscene …)


BB Gun

HELENA , Mont .
— The Montana Supreme Court reversed a man ’ s conviction of assault on a peace @ @ @ @ @ he was pulling a prank on a friend when he aimed a broken BB gun @ @ @ @ @ , but he actually aimed the gun at a police sergeant , who was there @ @ @ @ @ been banned from a casino .
The man , who was sentenced to eight years @ @ @ @ @ use a “ weapon ” pursuant to state law .


Sexual Misconduct

OLYMPIA , Wash. — In answers to two certified questions from a federal court , the Washington Supreme Court held @ @ @ @ @ be subject to strict liability for discrimination in places of public accommodation by its employees @ @ @ @ @ of state law protecting people from certain discriminatory practices , intentional sexual misconduct can amount @ @ @ @ @ dispute involves a school bus driver who abused minor passengers on the school buses .

In answers to two certified questions from a federal court, the Washington Supreme Court held that a school district can be subject to strict liability for discrimination in places of public accommodation by its employees and, under the meaning of state law protecting people from certain discriminatory practices, intentional sexual misconduct can amount to discrimination.
OLYMPIA, Wash. — In answers to two certified questions from a federal court, the Washington Supreme Court held that a school district can be subject to strict liability for discrimination in places of public accommodation by its employees and, under the meaning of state law protecting people from certain discriminatory practices, intentional sexual misconduct can amount to discrimination.
The underlying dispute involves a school bus driver who abused minor passengers on the school buses.


courthousenews--2020-06-19--California Passes Bill to Mail Ballots to All Voters

SACRAMENTO , Calif. ( CN ) — Solidifying an order he made last month , California Governor Gavin Newsom signed legislation Thursday requiring counties to mail ballots to every registered voter for the November election due to the coronavirus pandemic .
The bill codifies Newsom ’ s May directive and is intended to prevent crowded polling stations and encourage Californians to vote early and by mail this fall .
It requires local elections officials to mail all active registered voters ballots ahead of the presidential election and allows them to begin processing returns four weeks before Election Day .
Due @ @ @ @ @ @ @ of State Alex Padilla says widespread mail balloting is “ simply common sense.
” “ Expanding vote-by-mail statewide is a necessity to protect our right to vote and our public health , ” Padilla said in a statement .
“ Voting by mail has worked safely and securely in California for decades.
” Newsom issued the order on May 8 , saying the provision was needed to quell voters and volunteers worried about contracting the coronavirus at polling sites .
He said California ’ s over 20 million registered voters shouldn ’ t @ @ @ @ @ @ @ dense environment to cast their vote.
” He followed the order up with another directive intended to allow counties to quickly make adjustments and prepare for the changes .
The moves were criticized by President Donald Trump on Twitter and later challenged in court by California Republicans .
Former Congressman Darrell Issa accused Newsom in federal court of “ blindly mailing out ballots ” and raising the possibility of chaos and voting fraud come Election Day .
Two Republican assemblymen have since filed a separate lawsuit , claiming Newsom lacked the authority to @ @ @ @ @ @ @ and should have pursued the changes through the Legislature .
Thursday ’ s passage of Assembly Bill 860 , however , does just that by effectively enshrining the bulk of Newsom ’ s election changes .
The bill was approved earlier Thursday by the Assembly in a bipartisan 63–3 vote , including a yes vote from one of the Republicans suing Newsom .
The bill ’ s author , Assemblyman Marc Berman , D-Menlo Park , thanked Newsom for signing the bill just hours after it reached his desk .
“ In the @ @ @ @ @ @ @ mailing a ballot to every California voter , and giving them the opportunity to vote from the safety of their own home , is the responsible thing to do .
No Californian should have to risk their health — and possibly their life — to exercise their constitutional right to vote , ” Berman said in a statement .
Lawmakers are expected in the coming weeks to pass a companion measure that outlines the minimum number of in-person voting options and ballot drop off locations counties need to provide on Election Day .
@ @ @ @ @ @ @ ballot but traditional in-person voting will still be available under the order .
Along with mail ballots for all voters , AB 860 requires county elections officials to implement and offer a tracking system to provide interested voters with updates about the status of their ballots via text message or email .
It also extends the length of time officials can count ballots postmarked on or before Election Day that arrive late from three days to 17 days .
The popularity of absentee voting continues to grow in the nation ’ s largest @ @ @ @ @ @ @ in the March primary signed up to receive mail-in-ballots .
According to Padilla ’ s primary voter statement , 13 of 15 counties that sent every registered voter a ballot in the mail and allowed them to vote at any polling center exceeded the statewide turnout .
Meanwhile 72 % of the record high 9.6 million votes cast in California on Super Tuesday were by mail .
“ California is moving in a swift , bipartisan manner to fortify our democracy in the face of the Covid-19 pandemic , ” Padilla said Thursday @ @ @ @ @

Solidifying an order he made last month, California Governor Gavin Newsom signed legislation Thursday requiring counties to mail ballots to every registered voter for the November election due to the coronavirus pandemic.
SACRAMENTO, Calif. (CN) — Solidifying an order he made last month, California Governor Gavin Newsom signed legislation Thursday requiring counties to mail ballots to every registered voter for the November election due to the coronavirus pandemic.
The bill codifies Newsom’s May directive and is intended to prevent crowded polling stations and encourage Californians to vote early and by mail this fall. It requires local elections officials to mail all active registered voters ballots ahead of the presidential election and allows them to begin processing returns four weeks before Election Day.
Due to the Covid-19 pandemic, California Secretary of State Alex Padilla says widespread mail balloting is “simply common sense.”
“Expanding vote-by-mail statewide is a necessity to protect our right to vote and our public health,” Padilla said in a statement. “Voting by mail has worked safely and securely in California for decades.”
Newsom issued the order on May 8, saying the provision was needed to quell voters and volunteers worried about contracting the coronavirus at polling sites. He said California’s over 20 million registered voters shouldn’t have to wade into a “concentrated dense environment to cast their vote.” He followed the order up with another directive intended to allow counties to quickly make adjustments and prepare for the changes.
The moves were criticized by President Donald Trump on Twitter and later challenged in court by California Republicans.
Former Congressman Darrell Issa accused Newsom in federal court of “blindly mailing out ballots” and raising the possibility of chaos and voting fraud come Election Day. Two Republican assemblymen have since filed a separate lawsuit, claiming Newsom lacked the authority to make wholesale changes to the statewide election and should have pursued the changes through the Legislature.
Thursday’s passage of Assembly Bill 860, however, does just that by effectively enshrining the bulk of Newsom’s election changes. The bill was approved earlier Thursday by the Assembly in a bipartisan 63–3 vote, including a yes vote from one of the Republicans suing Newsom.
The bill’s author, Assemblyman Marc Berman, D-Menlo Park, thanked Newsom for signing the bill just hours after it reached his desk.
“In the midst of a deadly health pandemic, mailing a ballot to every California voter, and giving them the opportunity to vote from the safety of their own home, is the responsible thing to do. No Californian should have to risk their health — and possibly their life — to exercise their constitutional right to vote," Berman said in a statement.
Lawmakers are expected in the coming weeks to pass a companion measure that outlines the minimum number of in-person voting options and ballot drop off locations counties need to provide on Election Day. All voters are slated to receive a ballot but traditional in-person voting will still be available under the order.
Along with mail ballots for all voters, AB 860 requires county elections officials to implement and offer a tracking system to provide interested voters with updates about the status of their ballots via text message or email. It also extends the length of time officials can count ballots postmarked on or before Election Day that arrive late from three days to 17 days.
The popularity of absentee voting continues to grow in the nation’s largest state, as 78% of voters in the March primary signed up to receive mail-in-ballots.
According to Padilla’s primary voter statement, 13 of 15 counties that sent every registered voter a ballot in the mail and allowed them to vote at any polling center exceeded the statewide turnout. Meanwhile 72% of the record high 9.6 million votes cast in California on Super Tuesday were by mail.
“California is moving in a swift, bipartisan manner to fortify our democracy in the face of the Covid-19 pandemic,” Padilla said Thursday of the election changes.


courthousenews--2020-06-19--Eighth Circuit Sides With Arkansas Libertarians in Ballot Access Suit

ST. LOUIS — Arkansas ’ stringent election requirements to get on the ballot as a third party are likely unconstitutional , the Eighth Circuit ruled Thursday .
Recent amendments to the law at issue nearly tripled the number of signatures needed for a new political party to appear on a ballot .
State law previously dictated that a new party needed 10,000 voter signatures to get on the ballot .
Now , parties seeking whole-ballot access need an amount that equals or is greater than 3 % of the total votes cast in the state ’ s last gubernatorial election @ @ @ @ @ @ @ The Libertarian Party of Arkansas filed the lawsuit challenging the requirements in the Eastern District of Arkansas in March 2019 .
Arkansas appealed to the Eighth Circuit after U.S. District Judge Kristine G. Baker , a President Barack Obama appointee , granted preliminary injunctive relief , finding that the law was likely unconstitutional .
Attorney James C. Linger , who represented the Libertarian Party , lauded the unanimous decision by the three-judge panel .
“ It ends the thing for this election , ” Linger said in an interview .
“ The Libertarian @ @ @ @ @ @ @ all their candidates will be on the ballot .
If it would have been reversed , they would have lost their candidates and everything for this election.
” The law , amended by the state ’ s Republican-dominated legislature in January 2019 , also imposes a 90-day window to collect the larger number of signatures , which have to be gathered 14 months before the election date .
“ The Attorney General is disappointed in the Eighth Circuit ’ s ruling and is reviewing the decision to determine the next step , ” @ @ @ @ @ @ @ .
The state argued during a hearing before the Eighth Circuit in December that signature gathering has been made easier with the emergence of social media and that the cost estimate of $ 55,000 did not make for an undue burden .
The three-judge panel was not swayed .
“ We harbor serious doubt that the generalized desire to maintain the integrity of elections and prevent ballot overcrowding can be viewed as a compelling state interest when the prior version of the statute undisputedly succeeded at preventing ballot overcrowding , ” Senior U.S @ @ @ @ @ @ @ a George W. Bush appointee , wrote in the 21-page opinion .
“ The evidence at the hearing showed that no party previously achieved access during the years in which Arkansas had a 3 % requirement , and even during the many years in which Arkansas had a 10,000 signature requirement coupled with a more forgiving deadline , there was no crowding of the ballot.
” Melloy continued , “ The state ’ s own expert witness acknowledged that only one or two new parties had ever qualified by petition under the 10,000 @ @ @ @ @ @ @ opined that a ballot with two major parties and two additional parties appearing on a whole-ballot basis would not be crowded.
” U.S .
Circuit Judges Ralph R. Erickson and Jonathan A. Kobes , both Trump appointees , joined Melloy in the opinion .
Arkansas passed similar laws in 1996 and 2006 , only to have them both found to be unconstitutional .
Linger said the state has been attempting to impose similar restrictions on third parties off and on for decades .
“ I think the court did a good job at @ @ @ @ @ @ @ law , ” Linger said .
“ What they said is what she ( Baker ) decided to do was the most conservative course to take on it.
” Linger plans on following up with motions for summary judgment to officially end the matter .
Paul Gronke , a Political Science Professor at Reed College in Portland , Oregon , said the appeal court ’ s decision is convincing .
“ The idea that you can be obligated to collect signatures 400 days before an election , I was sort of stunned that @ @ @ @ @ @ @ Gronke said in an interview .
“ I am regularly surprised at how creative the existing two parties can be in trying to restrict ballot access.
” Gronke said ballot requirements have been an issue for 120 years .
They came from early 20th Century Progressive Era reforms aimed at breaking the monopoly that the major parties and political machines had .
As part of the reforms , primary elections were moved to a state supported process .
“ But over time what has happened is that the states , through their regulatory @ @ @ @ @ @ @ maintaining the two-party system and laws have been put in place that restrict the ability of additional parties to enter into the political system , ” Gronke said .
“ I don ’ t think that was the intention of the Progressive Era reforms , but that ’ s where we ’ re at.
” Gronke said the signature requirements added with the short window make it ripe for professional signature gatherers to falsify names .
He also noted that the process is expensive , which creates an unlevel playing field between the @ @ @ @ @ @ @ third parties .
Gronke said Arkansas ’ 3 % requirement is one of the higher standards in the country .
“ Thresholds are that high for referendum initiatives , but that ’ s because those are changing the constitution or changing state statutes , ” Gronke said .
“ Here it is simply getting somebody on the ballot and there is nothing wrong with getting additional names on the ballot .
”

Arkansas’ stringent election requirements to get on the ballot as a third party are likely unconstitutional, the Eighth Circuit ruled Thursday.
ST. LOUIS — Arkansas’ stringent election requirements to get on the ballot as a third party are likely unconstitutional, the Eighth Circuit ruled Thursday.
Recent amendments to the law at issue nearly tripled the number of signatures needed for a new political party to appear on a ballot.
(Courthouse News photo/Kelsey Jukam)
State law previously dictated that a new party needed 10,000 voter signatures to get on the ballot. Now, parties seeking whole-ballot access need an amount that equals or is greater than 3% of the total votes cast in the state’s last gubernatorial election — which amounts to nearly 27,000.
The Libertarian Party of Arkansas filed the lawsuit challenging the requirements in the Eastern District of Arkansas in March 2019. Arkansas appealed to the Eighth Circuit after U.S. District Judge Kristine G. Baker, a President Barack Obama appointee, granted preliminary injunctive relief, finding that the law was likely unconstitutional.
Attorney James C. Linger, who represented the Libertarian Party, lauded the unanimous decision by the three-judge panel.
“It ends the thing for this election,” Linger said in an interview. “The Libertarian Party will be on the ballot; all their candidates will be on the ballot. If it would have been reversed, they would have lost their candidates and everything for this election.”
The law, amended by the state’s Republican-dominated legislature in January 2019, also imposes a 90-day window to collect the larger number of signatures, which have to be gathered 14 months before the election date.
“The Attorney General is disappointed in the Eighth Circuit’s ruling and is reviewing the decision to determine the next step,” an Arkansas spokeswoman said in an email.
The state argued during a hearing before the Eighth Circuit in December that signature gathering has been made easier with the emergence of social media and that the cost estimate of $55,000 did not make for an undue burden.
The three-judge panel was not swayed.
“We harbor serious doubt that the generalized desire to maintain the integrity of elections and prevent ballot overcrowding can be viewed as a compelling state interest when the prior version of the statute undisputedly succeeded at preventing ballot overcrowding,” Senior U.S. Circuit Judge Michael J. Melloy, a George W. Bush appointee, wrote in the 21-page opinion. “The evidence at the hearing showed that no party previously achieved access during the years in which Arkansas had a 3% requirement, and even during the many years in which Arkansas had a 10,000 signature requirement coupled with a more forgiving deadline, there was no crowding of the ballot.”
Melloy continued, “The state’s own expert witness acknowledged that only one or two new parties had ever qualified by petition under the 10,000 signature requirement. In fact, he opined that a ballot with two major parties and two additional parties appearing on a whole-ballot basis would not be crowded.”
U.S. Circuit Judges Ralph R. Erickson and Jonathan A. Kobes, both Trump appointees, joined Melloy in the opinion.
Arkansas passed similar laws in 1996 and 2006, only to have them both found to be unconstitutional. Linger said the state has been attempting to impose similar restrictions on third parties off and on for decades.
“I think the court did a good job at looking at the combined effect of the law,” Linger said. “What they said is what she (Baker) decided to do was the most conservative course to take on it.”
Linger plans on following up with motions for summary judgment to officially end the matter.
Paul Gronke, a Political Science Professor at Reed College in Portland, Oregon, said the appeal court’s decision is convincing.
“The idea that you can be obligated to collect signatures 400 days before an election, I was sort of stunned that somebody thought that was OK,” Gronke said in an interview. “I am regularly surprised at how creative the existing two parties can be in trying to restrict ballot access.”
Gronke said ballot requirements have been an issue for 120 years. They came from early 20th Century Progressive Era reforms aimed at breaking the monopoly that the major parties and political machines had.
As part of the reforms, primary elections were moved to a state supported process.
“But over time what has happened is that the states, through their regulatory and their legal apparatus, have been maintaining the two-party system and laws have been put in place that restrict the ability of additional parties to enter into the political system,” Gronke said. “I don't think that was the intention of the Progressive Era reforms, but that's where we're at.”
Gronke said the signature requirements added with the short window make it ripe for professional signature gatherers to falsify names. He also noted that the process is expensive, which creates an unlevel playing field between the two major political parties and the smaller third parties.
Gronke said Arkansas’ 3% requirement is one of the higher standards in the country.
“Thresholds are that high for referendum initiatives, but that’s because those are changing the constitution or changing state statutes,” Gronke said. “Here it is simply getting somebody on the ballot and there is nothing wrong with getting additional names on the ballot.”


courthousenews--2020-06-20--Justice Department Releases Less-Redacted Mueller Report

WASHINGTON ( CN ) — The Justice Department on Friday released a less-redacted version of former special counsel Robert Mueller ’ s report , showing Mueller considered whether President Donald Trump lied about conversations he had with Roger Stone regarding WikiLeaks .
Many of the details contained in the newly unredacted portions of the blockbuster report were first revealed during Stone ’ s criminal trial last year but offer a more complete picture of Mueller ’ s report .
The new portions of text show Stone telling Trump campaign officials he was in contact with someone with ties to WikiLeaks @ @ @ @ @ @ @ expected the site would be releasing emails that were damaging to the Clinton campaign .
After WikiLeaks dropped a tranche of hacked emails from the Democratic National Committee in July 2016 , as Stone had predicted in a phone call with then-candidate Donald Trump , the president remarked to Michael Cohen , “ I guess Roger was right.
” But in written answers to Mueller ’ s team , Trump said he did “ not recall discussing WikiLeaks with [ Stone ] , nor do I recall being aware of Mr. Stone having @ @ @ @ @ @ @ campaign.
” In a previously blacked-out section in volume two of the report , Mueller notes witnesses told his team that Stone and Trump had talked about WikiLeaks .
Citing Trump ’ s public praise of Stone ’ s refusal to testify against him , the report states Trump could have been trying to persuade witnesses not to release information “ that would be adverse to the president.
” “ It is possible that , by the time the president submitted his written answers two years after the relevant events had occurred , @ @ @ @ @ @ @ his discussion with Stone or his knowledge of Stone ’ s asserted communications with WikiLeaks , ” the unredacted version of the paragraph states .
“ But the president ’ s conduct could also be viewed as reflecting his awareness that Stone could provide evidence that would run counter to the president ’ s denials and would link the president to Stone ’ s efforts to reach out to WikiLeaks.
” Mueller ultimately did not reach a traditional prosecutorial decision about whether Trump obstructed justice .
After consuming Washington for the better part @ @ @ @ @ @ @ report was released to great anticipation in April 2019 .
The report did not find evidence of a conspiracy between the Trump campaign of the Russian government , though it did find the campaign saw information coming from the Kremlin as helpful to its chances in the November election .
But even before the Mueller report ’ s formal release , a collection of watchdog groups and media organizations , led by the Electronic Privacy Information Center and Buzzfeed journalist Jason Leopold , filed suit seeking an unredacted version of the explosive document @ @ @ @ @ @ @ were related to Stone , a former Trump campaign adviser , who at the time of the report ’ s release was facing prosecution for lying to Congress and witness tampering related to the Mueller investigation .
Marked as potentially harmful to an ongoing matter , the Justice Department withheld the sections of the report related to Stone while his trial went on .
With his trial now done and Stone facing 40 months behind bars if he is not pardoned , the Justice Department last week said it could re-release the report @ @ @ @ @ @ @ In a scathing opinion in March , U.S. District Judge Reggie Walton , a George W. Bush appointee , also ordered the Justice Department to turn over an unredacted version of the document for his review in private .

The Justice Department on Friday released a less-redacted version of former special counsel Robert Mueller’s report, showing Mueller considered whether President Donald Trump lied about conversations he had with Roger Stone regarding WikiLeaks.
WASHINGTON (CN) — The Justice Department on Friday released a less-redacted version of former special counsel Robert Mueller’s report, showing Mueller considered whether President Donald Trump lied about conversations he had with Roger Stone regarding WikiLeaks.
Many of the details contained in the newly unredacted portions of the blockbuster report were first revealed during Stone’s criminal trial last year but offer a more complete picture of Mueller’s report.
The new portions of text show Stone telling Trump campaign officials he was in contact with someone with ties to WikiLeaks and letting the campaign know when he expected the site would be releasing emails that were damaging to the Clinton campaign.
After WikiLeaks dropped a tranche of hacked emails from the Democratic National Committee in July 2016, as Stone had predicted in a phone call with then-candidate Donald Trump, the president remarked to Michael Cohen, “I guess Roger was right.”
But in written answers to Mueller’s team, Trump said he did “not recall discussing WikiLeaks with [Stone], nor do I recall being aware of Mr. Stone having discussed WikiLeaks with individuals associated with my campaign.”
In a previously blacked-out section in volume two of the report, Mueller notes witnesses told his team that Stone and Trump had talked about WikiLeaks. Citing Trump’s public praise of Stone’s refusal to testify against him, the report states Trump could have been trying to persuade witnesses not to release information “that would be adverse to the president.”
“It is possible that, by the time the president submitted his written answers two years after the relevant events had occurred, he no longer had clear recollections of his discussion with Stone or his knowledge of Stone’s asserted communications with WikiLeaks,” the unredacted version of the paragraph states. “But the president’s conduct could also be viewed as reflecting his awareness that Stone could provide evidence that would run counter to the president’s denials and would link the president to Stone’s efforts to reach out to WikiLeaks.”
Mueller ultimately did not reach a traditional prosecutorial decision about whether Trump obstructed justice.
After consuming Washington for the better part of two years, Mueller’s report was released to great anticipation in April 2019. The report did not find evidence of a conspiracy between the Trump campaign of the Russian government, though it did find the campaign saw information coming from the Kremlin as helpful to its chances in the November election.
But even before the Mueller report’s formal release, a collection of watchdog groups and media organizations, led by the Electronic Privacy Information Center and Buzzfeed journalist Jason Leopold, filed suit seeking an unredacted version of the explosive document.
A substantial portion of the redactions were related to Stone, a former Trump campaign adviser, who at the time of the report’s release was facing prosecution for lying to Congress and witness tampering related to the Mueller investigation.
Marked as potentially harmful to an ongoing matter, the Justice Department withheld the sections of the report related to Stone while his trial went on.
With his trial now done and Stone facing 40 months behind bars if he is not pardoned, the Justice Department last week said it could re-release the report with fewer redactions related to Stone. In a scathing opinion in March, U.S. District Judge Reggie Walton, a George W. Bush appointee, also ordered the Justice Department to turn over an unredacted version of the document for his review in private.


courthousenews--2020-06-20--Federal Judge Orders DC to Do More to Protect Inmates From Virus

WASHINGTON ( CN ) — A federal judge ruled Thursday that the D.C. Department of Corrections needs to implement various protocols to better handle the spread of Covid-19 in its jail , adding that they have shown a “ deliberate indifference ” to the health of the inmates .
“ Plaintiffs have provided evidence that Defendants are aware of the risks that COVID-19 poses to Plaintiffs ’ health and have disregarded those risks by failing to take comprehensive , timely , and proper steps to stem the spread of the virus , ” the U.S. District Judge Colleen Kollar-Kotelly wrote @ @ @ @ @ @ @ Civil Liberties Union of D.C. and the Public Defender Service brought the class action against the DOC on behalf of 70 inmates in March , alleging that they were not receiving proper care .
The Thursday opinion determined the DOC facilities ’ infection rate is about 14 times higher than the rate of other D.C. residents , as of mid-May .
Issues that the court found the facilities were neglecting included medical care , social distancing , sanitation and confinement conditions .
“ The Court notes that Defendants ’ policies , and the @ @ @ @ @ @ @ those policies , has prevented Plaintiffs from being able to take the preventative and precautionary steps that the larger , non-detained population has been able to take to slow the spread of COVID-19 , ” the opinion said .
In an order alongside the opinion , Kollar-Kotelly lays out several new protocols for the facilities to take in order to insure the inmates can remain healthy .
While the judge did not order the release of any inmates , she did call for a detailed plan for a possible reduction of inmates in @ @ @ @ @ @ @ the facilities provide proper sanitation , including cleaning cells , providing clean sheets , clothes and daily showers for inmates .
The D.C. jail system is also required to provide inmates with medical attention within 24 hours of them reporting health issues , provide more testing , enforce social distancing guidelines and ensure that inmates still have access to make legal calls .
Steven Marcus , attorney with the Public Defender Service , said in a statement he was thrilled with the decision .
“ This is a huge victory for all of @ @ @ @ @ @ @ D.C. jail , ” Marcus said .
“ These long-awaited reforms will vastly improve the conditions inside the jail , and give everyone inside , prisoners and staff alike , a greater chance at surviving this pandemic.
” Scott Michelman , legal director for the ACLU of D.C. said in a statement that the DOC did not act fast enough .
“ In today ’ s ruling , the Court rightly focused on actual conditions inside the facility , prioritizing the concrete findings of the court ’ s experts and the sworn evidence @ @ @ @ @ @ @ s vague generalizations , ” he said .
“ The court correctly found that the District ’ s efforts have been too little , too late , and that judicial intervention is necessary to avert grave risks of serious illness and death.
” While many states are taking steps to reduce the spread of Covid-19 in their jail facilities , more than 46,000 inmates nationwide have tested positive for it , a 5 % increase from last week , according to The Marshall Project .
A representative for the DOC did not immediately @ @ @ @ @ @ @

A federal judge ruled Thursday that the D.C. Department of Corrections needs to implement various protocols to better handle the spread of Covid-19 in its jail, adding that they have shown a “deliberate indifference” to the health of the inmates.
WASHINGTON (CN) — A federal judge ruled Thursday that the D.C. Department of Corrections needs to implement various protocols to better handle the spread of Covid-19 in its jail, adding that they have shown a “deliberate indifference” to the health of the inmates.
“Plaintiffs have provided evidence that Defendants are aware of the risks that Covid-19 poses to Plaintiffs’ health and have disregarded those risks by failing to take comprehensive, timely, and proper steps to stem the spread of the virus,” U.S. District Judge Colleen Kollar-Kotelly wrote in the 40-page opinion.
The American Civil Liberties Union of D.C. and the Public Defender Service brought the class action against the DOC on behalf of 70 inmates in March, alleging that they were not receiving proper care.
The Thursday opinion determined the DOC facilities' infection rate is about 14 times higher than the rate of other D.C. residents, as of mid-May.
Issues that the court found the facilities were neglecting included medical care, social distancing, sanitation and confinement conditions.
“The court notes that defendants’ policies, and the delayed and insufficient implementation of many of those policies, has prevented plaintiffs from being able to take the preventative and precautionary steps that the larger, non-detained population has been able to take to slow the spread of Covid-19,” the opinion states.
In an order alongside the opinion, Kollar-Kotelly lays out several new protocols for the facilities to take in order to insure the inmates can remain healthy.
While the judge did not order the release of any inmates, she did call for a detailed plan for a possible reduction of inmates in the future.
Kollar-Kotelly further ordered that the facilities provide proper sanitation, including cleaning cells, providing clean sheets, clothes and daily showers for inmates.
The D.C. jail system is also required to provide inmates with medical attention within 24 hours of them reporting health issues, provide more testing, enforce social distancing guidelines and ensure that inmates still have access to make legal calls.
Steven Marcus, attorney with the Public Defender Service, said in a statement he was thrilled with the decision.
“This is a huge victory for all of the human beings still incarcerated inside the D.C. jail,” Marcus said. “These long-awaited reforms will vastly improve the conditions inside the jail, and give everyone inside, prisoners and staff alike, a greater chance at surviving this pandemic.”
Scott Michelman, legal director for the ACLU of D.C. said in a statement that the DOC did not act fast enough.
“In today’s ruling, the Court rightly focused on actual conditions inside the facility, prioritizing the concrete findings of the court’s experts and the sworn evidence from affected prisoners over the government’s vague generalizations,” he said. “The court correctly found that the District’s efforts have been too little, too late, and that judicial intervention is necessary to avert grave risks of serious illness and death.”
While many states are taking steps to reduce the spread of Covid-19 in their jail facilities, more than 46,000 inmates nationwide have tested positive for it, a 5% increase from last week, according to The Marshall Project.
A representative for the DOC did not immediately respond to an email seeking comment.


Publishing Ages

SAN FRANCISCO — The Ninth Circuit upheld a ruling in favor of movie industry website IMDb.com in a suit challenging @ @ @ @ @ the site and others from publishing actors ’ ages and dates of birth .
The @ @ @ @ @ First Amendment scrutiny .
”


Arrested While Filming

SAN ANTONIO — A federal court in Texas ruled in favor of a police officer sued for First Amendment retaliation @ @ @ @ @ Second Amendment activist who was arrested while filming another officer ’ s encounter with a @ @ @ @ @ failed to follow the arresting officer ’ s commands .


Citizenship

GREENBELT , Md .
— A federal court in Maryland ruled that the State Department must recognize a same-sex couple @ @ @ @ @ U.S. citizen .
The department incorrectly applied immigration law , because the child , though @ @ @ @ @ Canada , was born of married parents who were both U.S. citizens that had lived @ @ @ @ @ birth .


Flow Requirements

SACRAMENTO , Calif. — The State Water Resources Control Board ’ s emergency orders during a drought , which set @ @ @ @ @ three tributaries of the Sacramento River , were not unreasonable or arbitrary , an appeals @ @ @ @ @ .
The orders were necessary to protect Chinook salmon and steelhead trout — two threatened @ @ @


courthousenews--2020-06-20--Colorado Blocks Qualified Immunity for Police

DENVER ( CN ) — Colorado commemorated Juneteenth on Friday by passing an enormous police reform bill , which includes blocking qualified immunity as a defense for police officers in state court .
Colorado Governor Jared Polis described the new law as an important step in fighting institutionalized racism and restoring trust in law enforcement .
“ As we know , Juneteenth did not mark the end of racism in our country nor did it even begin to end the racial inequities that really plague so many aspects of our society , ” Polis said in a press conference before @ @ @ @ @ @ @ into law .
The law makes body-cameras mandatory for all state law enforcement agencies interacting with the public and responding to calls for service .
The law also makes “ unlawful use or threatened use of physical force ” grounds for revoking certification and states , “ qualified immunity is not a defense to the civil action.
” Created by the Supreme Court in 1967 , qualified immunity is a commonly used affirmative defense shielding government officials from civil suits for actions taken in the course of their job .
Because it is @ @ @ @ @ @ @ move only impacts police officers accused of violating state law .
“ Colorado didn ’ t necessarily revoke qualified immunity because the state can ’ t , ” explained Ben Levin , associate professor at Colorado Law .
“ What Colorado did in this in this bill , which I think is really creative , it creates a state cause of action in Colorado State courts , for people whose rights have been violated under the Colorado State Constitution.
” Citizens nationwide have demonstrated in support of police reform since the gruesome death @ @ @ @ @ @ @ Minneapolis , Minnesota by police officers .
The Supreme Court declined on Monday to hear another case of police officers shielded by qualified immunity after siccing a police dog on a suspect .
Without intervention from the high court , removal of qualified immunity from federal law therefore will take an act from Congress .
House Speaker Nancy Pelosi introduced a bill on June 4 that would do just that .
Critics of Colorado ’ s change say police need qualified immunity in order to protect the difficult split-second decisions required by the @ @ @ @ @ @ @ the law only creates an avenue for citizens to bring their grievances and does not guarantee the outcome .
“ The importance of this is that it gives Colorado citizens a credible vehicle for enforcing their state constitutional rights against law enforcement officers , ” said Alan Chen , law professor at the University of Denver .
He testified in favor of a similar bill introduced earlier in the session .
Even if the law leads to an increase in lawsuits , Chen said , “ that doesn ’ t mean that the @ @ @ @ @ @ @ of them just because they don ’ t have qualified immunity .
There are other reasons why the plaintiffs might not necessarily prevail .
I think that each case will have to be adjudicated on its merits.
” The Democrat-sponsored bill introduced in Colorado on June 3 will take effect on July 1 , 2023 .

Colorado commemorated Juneteenth on Friday by passing an enormous police reform bill, which includes blocking qualified immunity as a defense for police officers in state court.
DENVER (CN) — Colorado commemorated Juneteenth on Friday by passing an enormous police-reform bill, which includes blocking qualified immunity as a defense for police officers in state court.
Colorado Governor Jared Polis described the new law as an important step in fighting institutionalized racism and restoring trust in law enforcement.
"As we know, Juneteenth did not mark the end of racism in our country nor did it even begin to end the racial inequities that really plague so many aspects of our society,” Polis said in a press conference before signing the Enhance Law Enforcement Integrity Act into law.
The law makes body-cameras mandatory for all state law enforcement agencies interacting with the public and responding to calls for service. The law also makes "unlawful use or threatened use of physical force" grounds for revoking certification and states, "qualified immunity is not a defense to the civil action.”
Created by the Supreme Court in 1967, qualified immunity is a commonly used affirmative defense shielding government officials from civil suits for actions taken in the course of their job. Because it is a federal policy, Colorado’s move only impacts police officers accused of violating state law.
“Colorado didn't necessarily revoke qualified immunity because the state can't,” explained Ben Levin, associate professor at Colorado Law. “What Colorado did in this in this bill, which I think is really creative, it creates a state cause of action in Colorado State courts, for people whose rights have been violated under the Colorado State Constitution.”
Citizens nationwide have demonstrated in support of police reform since the gruesome death of George Floyd on May 31 in Minneapolis, Minnesota by police officers.
The Supreme Court declined on Monday to hear another case of police officers shielded by qualified immunity after siccing a police dog on a suspect. Without intervention from the high court, removal of qualified immunity from federal law therefore will take an act from Congress. House Speaker Nancy Pelosi introduced a bill on June 4 that would do just that.
Critics of Colorado’s change say police need qualified immunity in order to protect the difficult split-second decisions required by the job. Supporters, however, say the law only creates an avenue for citizens to bring their grievances and does not guarantee the outcome.
“The importance of this is that it gives Colorado citizens a credible vehicle for enforcing their state constitutional rights against law enforcement officers,” said Alan Chen, law professor at the University of Denver. He testified in favor of a similar bill introduced earlier in the session.
Even if the law leads to an increase in lawsuits, Chen said, “that doesn't mean that the police are going to lose every one of them just because they don't have qualified immunity. There are other reasons why the plaintiffs might not necessarily prevail. I think that each case will have to be adjudicated on its merits.”
The Democrat-sponsored bill introduced in Colorado on June 3 will take effect on July 1, 2023.