courthousenews--2020-10-27--Virginia Judge Paves Way for Removal of Confederate Statue

RICHMOND , Va. ( CN ) — A state judge sided with Virginia ’ s governor Tuesday in a case challenging his authority to remove a 120-year-old monument of Confederate General Robert E. Lee from the capital city , but the statue will stay in place while the appeals process plays out .
Virginia Governor Ralph Northam has tried to remove the massive bronze figure since mid-June after Black Lives Matter protests took over Richmond streets , including the area around the state-owned monument .
Northam , a Democrat , argued removal was needed to protect the citizenry and the @ @ @ @ @ @ @ a descendant of deed signatories who gifted the monument to the state over 130 years ago — won an injunction blocking the effort .
While Gregory was eventually dismissed from the suit , other local landowners , including Helen Marie Taylor , signed on as plaintiffs , keeping the case alive .
But in an opinion issued Tuesday afternoon , Richmond City Circuit Court Judge W. Reilly Marchant found the 130-year-old restrictive covenant which deeded the statue and the land underneath it to Virginia is no longer valid due to changes in public @ @ @ @ @ @ @ precedent which found that racially motivated restrictive covenants , similar to contracts , are not valid under the 14th Amendment .
He pointed to evidence presented by the state , including testimony from history experts who spoke of the legacy of monuments like Lee ’ s and efforts by white southern leadership to elevate the Confederacy in the wake of its defeat .
“ Their testimony described a post-war South where the white citizenry wanted to impose and state unapologetically their continued belief in the validity and honor of their ‘ Lost Cause @ @ @ @ @ @ @ of life and their former Confederacy , ” Marchant wrote .
“ It was out of this backdrop that the erection of the Lee monument took place.
” But Marchant also gave deference to the legislature which , during a recent coronavirus special session , used budgetary amendments to change an 1889 law that further burdened the state with Lee ’ s statue .
The new language removed a section granting the monument as a gift and replaced it with a grant of authority to the state ’ s Department of General Services @ @ @ @ @ @ @ As the sole author of public policy… these acts of the General Assembly clearly indicate the current public policy of the General Assembly and therefore the commonwealth , ” Marchant wrote .
While the order is a win for Northam , Marchant suspended any further action by the governor – including removing the statue – until the expected appeal is resolved .
Rich Schragger , the Perre Bowen Professor at the University of Virginia School of Law , said the inclusion of both arguments for public policy reasons is important , but the @ @ @ @ @ @ @ will help the state if and when the decision is appealed to the Supreme Court of Virginia .
“ There ’ s certainly a clearer statement of the legislature ’ s view on what is and is not consistent with public policy , ” Schragger said in a phone interview .
“ [ The Supreme Court of Virginia ] doesn ’ t have to make a grand statement about Lee ’ s status or the racial implication of these statues.
” “ All [ the higher court has ] to say is the @ @ @ @ @ @ @ public policy and that ’ s all we need , ’ ” he added .
The likely appeal will be the second time Virginia ’ s top court has weighed in on the removal of Confederate statues since Richmond began tearing them down this summer .
Richmond Mayor Levar Stoney took down statues to Jebb Stewart , Stonewall Jackson and other Confederate figures shortly after a law banning removal of war monuments was rolled back by the state ’ s recently elected Democratic majority .
Governor Northam had signaled his support for removal @ @ @ @ @ @ @ GOP-controlled Virginia House of Delegates refused to advance any of those efforts .
After citizens tried to block Stoney ’ s removal efforts , the Virginia Supreme Court found they lacked standing to sue , a technical but resounding win on an issue that could also weigh in Northam ’ s favor .
“ It would suggest the court doesn ’ t want to get involved in the removals , ” Schreggar said .
“ If the court wanted to be resistant to these removals they have some tools to do it , @ @ @ @ @ @ @ ” “ The state has explicitly passed a law to take it down , ” he added .
Patrick Sweeny , the lawyer who represented Taylor and other landowners in the dispute , declined to comment on the ruling in a brief phone call but promised on behalf of his clients that an appeal would be coming .
Virginia Attorney General Mark Herring , meanwhile , praised Marchant ’ s decision as a win against the state ’ s racist past .
“ The Lee statue does not represent who we have become @ @ @ @ @ @ @ message to the rest of the world , ” the Democrat said in a statement Tuesday afternoon .
“ This decision puts Virginia one step closer on the path to finally bringing this divisive symbol down and I remain as dedicated as ever to ensuring that it is removed once and for all .
”

A state judge sided with Virginia’s governor Tuesday in a case challenging his authority to remove a 120-year-old monument of Confederate General Robert E. Lee from the capital city, but the statue will stay in place while the appeals process plays out.
RICHMOND, Va. (CN) — A state judge sided with Virginia’s governor Tuesday in a case challenging his authority to remove a 120-year-old monument of Confederate General Robert E. Lee from the capital city, but the statue will stay in place while the appeals process plays out.
Virginia Governor Ralph Northam has tried to remove the massive bronze figure since mid-June after Black Lives Matter protests took over Richmond streets, including the area around the state-owned monument.
Northam, a Democrat, argued removal was needed to protect the citizenry and the statue itself, but William Gregory — a descendant of deed signatories who gifted the monument to the state over 130 years ago — won an injunction blocking the effort.
While Gregory was eventually dismissed from the suit, other local landowners, including Helen Marie Taylor, signed on as plaintiffs, keeping the case alive.
But in an opinion issued Tuesday afternoon, Richmond City Circuit Court Judge W. Reilly Marchant found the 130-year-old restrictive covenant which deeded the statue and the land underneath it to Virginia is no longer valid due to changes in public policy.
Marchant cited U.S. Supreme Court precedent which found that racially motivated restrictive covenants, similar to contracts, are not valid under the 14th Amendment. He pointed to evidence presented by the state, including testimony from history experts who spoke of the legacy of monuments like Lee’s and efforts by white southern leadership to elevate the Confederacy in the wake of its defeat.
"Their testimony described a post-war South where the white citizenry wanted to impose and state unapologetically their continued belief in the validity and honor of their ‘Lost Cause,’ and thereby vindicate their way of life and their former Confederacy,” Marchant wrote. “It was out of this backdrop that the erection of the Lee monument took place.”
But Marchant also gave deference to the legislature which, during a recent coronavirus special session, used budgetary amendments to change an 1889 law that further burdened the state with Lee’s statue. The new language removed a section granting the monument as a gift and replaced it with a grant of authority to the state’s Department of General Services to specifically remove the statue.
“As the sole author of public policy... these acts of the General Assembly clearly indicate the current public policy of the General Assembly and therefore the commonwealth," Marchant wrote.
While the order is a win for Northam, Marchant suspended any further action by the governor – including removing the statue - until the expected appeal is resolved.
Rich Schragger, the Perre Bowen Professor at the University of Virginia School of Law, said the inclusion of both arguments for public policy reasons is important, but the deference given to the legislature is what will help the state if and when the decision is appealed to the Supreme Court of Virginia.
“There’s certainly a clearer statement of the legislature’s view on what is and is not consistent with public policy,” Schragger said in a phone interview. “[The Supreme Court of Virginia] doesn’t have to make a grand statement about Lee’s status or the racial implication of these statues.”
“All [the higher court has] to say is the ‘legislature stated this was contrary to public policy and that’s all we need,’” he added.
The likely appeal will be the second time Virginia’s top court has weighed in on the removal of Confederate statues since Richmond began tearing them down this summer.
Richmond Mayor Levar Stoney took down statues to Jebb Stewart, Stonewall Jackson and other Confederate figures shortly after a law banning removal of war monuments was rolled back by the state’s recently elected Democratic majority. Governor Northam had signaled his support for removal efforts for years, but the formerly GOP-controlled Virginia House of Delegates refused to advance any of those efforts.
After citizens tried to block Stoney’s removal efforts, the Virginia Supreme Court found they lacked standing to sue, a technical but resounding win on an issue that could also weigh in Northam’s favor.
“It would suggest the court doesn’t want to get involved in the removals,” Schreggar said. “If the court wanted to be resistant to these removals they have some tools to do it, but this would be the hardest case.”
“The state has explicitly passed a law to take it down,” he added.
Patrick Sweeny, the lawyer who represented Taylor and other landowners in the dispute, declined to comment on the ruling in a brief phone call but promised on behalf of his clients that an appeal would be coming.
Virginia Attorney General Mark Herring, meanwhile, praised Marchant’s decision as a win against the state’s racist past.
“The Lee statue does not represent who we have become as Virginians and it sends the wrong message to the rest of the world,” the Democrat said in a statement Tuesday afternoon. “This decision puts Virginia one step closer on the path to finally bringing this divisive symbol down and I remain as dedicated as ever to ensuring that it is removed once and for all.”


courthousenews--2020-10-27--California Counties Get OK to Reopen Further Despite Covid Uptick

SACRAMENTO , Calif. ( CN ) — Despite a statewide uptick in new coronavirus cases and hospitalizations , California officials on Tuesday gave seven counties the green light to further their reopening efforts .
In a weekly update of the state ’ s four-tiered reopening system , the state ’ s top doctor and Governor Gavin Newsom announced that while several San Francisco Bay Area counties continued to make progress , Los Angeles has yet to see sufficient improvement in its battle with the novel coronavirus .
While 29 counties have been able to advance out of the purple — @ @ @ @ @ @ @ system debuted eight weeks ago , the state ’ s most populous will remain mired in the most restrictive zone until at least mid-November .
California Health and Human Services chief Mark Ghaly noted the latest update leaves just 15 % of the state ’ s 58 counties in the bottom tier and claimed the reopening scheme is undoubtedly working .
“ Counties are moving through , are beginning to see some increased openings of various sectors and increasing the occupancy of those sectors , ” Ghaly told reporters .
Though counties like @ @ @ @ @ @ @ and Mendocino improved their standing and overall no counties were downgraded , there are growing signs the coronavirus could be making another surge in the state of 40 million .
Statewide hospitalizations have increased nearly 5 % over the last two weeks and the state ’ s seven-day positivity rate — the number of positive cases among residents receiving Covid-19 tests , a key indicator of community spread of the virus — crept above 3 % over the weekend for the first time in nearly a month .
On Tuesday , counties reported @ @ @ @ @ @ @ .
Newsom called the increases “ modest ” and reiterated the state continues to have enough hospital beds and other resources to stay ahead of another potential outbreak .
He added officials are keeping a close eye on the totals in anticipation of infections increasing during the holiday season .
“ You ’ re seeing modest increases , ” Newsom acknowledged .
“ We ’ re monitoring this , we ’ re watching this closely.
” California — the nation ’ s most populous state — has held the title of most confirmed @ @ @ @ @ @ @ .
But the Golden State could soon shed the unpleasant claim : according to Johns Hopkins University , California still leads with 911,000 cases but is being trailed closely by Texas with 898,000 cases .
A surge in cases and hospitalizations tied to “ pandemic fatigue ” has forced Texas officials to seek federal relief , while the city of El Paso has implemented a nightly curfew and a temporary hospital .
Florida is third nationwide with 786,000 cases while New York ( 496,000 ) and Illinois ( 387,000 ) round out the @ @ @ @ @ @ @ that Washington state , Oregon and Nevada are joining California ’ s coronavirus vaccine workgroup .
Wary of the possibility the Trump administration may rush approval for a vaccine , the states claim they will have a panel of public health experts independently review any product approved by the FDA before making it available to the public .
“ We believe in science , public health and safety , ” said Washington Governor Jay Inslee .
“ That is why I am pleased that Washington is joining California and other western states in @ @ @ @ @ @ @ be guided by the expertise of scientists and medical professionals and that ’ s just what this workgroup will do.
” Last week Newsom hinted a potential vaccine wouldn ’ t be available by the end of the year and that the first batch would be reserved for first responders and at-risk residents .
California has submitted its own distribution plan to the U.S. Centers for Disease Control and Prevention and Newsom said the state is reviewing vaccines being developed by Pfizer and Moderna .
Newsom said the goal isn ’ t to @ @ @ @ @ @ @ world ’ s brightest doctors and scientists before handing out a new vaccine to millions of people .
He said the state is continuing to collaborate with the CDC in the meantime .
“ We would be I think foolhardy not to take advantage of some of the world ’ s — not just the country ’ s — leading experts in all of these areas and not bring them to the fore , ” said the Democratic governor .
Meanwhile in Los Angeles where over 7,000 have been killed by the virus @ @ @ @ @ @ @ testing more readily available to first responders and schoolchildren .
The city , county and the University of Southern California launched a pilot study Tuesday regarding the use of so-called rapid antigen tests , which can be conducted via paper strips and produce results within minutes .
Researchers hope the tests can help districts quickly identify infected students or teachers and prevent schoolwide outbreaks .
Los Angeles Mayor Eric Garcetti said the tests are a potential “ gamechanger ” in the county ’ s ongoing quest to reopen schools .
“ Los Angeles @ @ @ @ @ @ @ and we are tapping into our trademark creativity , our innovative spirit , and our strong partners with USC and the county to advance groundbreaking research , prevent the spread of this virus , and save lives , ” the mayor said in a statement .

Despite a statewide uptick in new coronavirus cases and hospitalizations, California officials on Tuesday gave seven counties the green light to further their reopening efforts.
SACRAMENTO, Calif. (CN) — Despite a statewide uptick in new coronavirus cases and hospitalizations, California officials on Tuesday gave seven counties the green light to further their reopening efforts.
In a weekly update of the state’s four-tiered reopening system, the state’s top doctor and Governor Gavin Newsom announced that while several San Francisco Bay Area counties continued to make progress, Los Angeles has yet to see sufficient improvement in its battle with the novel coronavirus. While 29 counties have been able to advance out of the purple — “widespread” — tier since the system debuted eight weeks ago, the state’s most populous will remain mired in the most restrictive zone until at least mid-November.
California Health and Human Services chief Mark Ghaly noted the latest update leaves just 15% of the state’s 58 counties in the bottom tier and claimed the reopening scheme is undoubtedly working.
“Counties are moving through, are beginning to see some increased openings of various sectors and increasing the occupancy of those sectors,” Ghaly told reporters.
Though counties like Marin, Contra Costa, San Mateo and Mendocino improved their standing and overall no counties were downgraded, there are growing signs the coronavirus could be making another surge in the state of 40 million.
Statewide hospitalizations have increased nearly 5% over the last two weeks and the state’s seven-day positivity rate — the number of positive cases among residents receiving Covid-19 tests, a key indicator of community spread of the virus — crept above 3% over the weekend for the first time in nearly a month. On Tuesday, counties reported 3,188 new cases and 2,334 total hospitalizations.
Newsom called the increases “modest” and reiterated the state continues to have enough hospital beds and other resources to stay ahead of another potential outbreak. He added officials are keeping a close eye on the totals in anticipation of infections increasing during the holiday season.
“You’re seeing modest increases,” Newsom acknowledged. “We’re monitoring this, we’re watching this closely.”
California — the nation’s most populous state — has held the title of most confirmed cases since overtaking New York in July. But the Golden State could soon shed the unpleasant claim: according to Johns Hopkins University, California still leads with 911,000 cases but is being trailed closely by Texas with 898,000 cases.
A surge in cases and hospitalizations tied to “pandemic fatigue” has forced Texas officials to seek federal relief, while the city of El Paso has implemented a nightly curfew and a temporary hospital.
Florida is third nationwide with 786,000 cases while New York (496,000) and Illinois (387,000) round out the top five.
Newsom also announced Tuesday that Washington state, Oregon and Nevada are joining California’s coronavirus vaccine workgroup. Wary of the possibility the Trump administration may rush approval for a vaccine, the states claim they will have a panel of public health experts independently review any product approved by the FDA before making it available to the public.
“We believe in science, public health and safety,” said Washington Governor Jay Inslee. “That is why I am pleased that Washington is joining California and other western states in this effort. Any Covid vaccine must be guided by the expertise of scientists and medical professionals and that’s just what this workgroup will do.”
Last week Newsom hinted a potential vaccine wouldn’t be available by the end of the year and that the first batch would be reserved for first responders and at-risk residents. California has submitted its own distribution plan to the U.S. Centers for Disease Control and Prevention and Newsom said the state is reviewing vaccines being developed by Pfizer and Moderna.
Newsom said the goal isn’t to delay distribution but rather to engage the world’s brightest doctors and scientists before handing out a new vaccine to millions of people. He said the state is continuing to collaborate with the CDC in the meantime.
“We would be I think foolhardy not to take advantage of some of the world’s — not just the country’s — leading experts in all of these areas and not bring them to the fore,” said the Democratic governor.
Meanwhile in Los Angeles where over 7,000 have been killed by the virus, officials are striving to make rapid testing more readily available to first responders and schoolchildren.
The city, county and the University of Southern California launched a pilot study Tuesday regarding the use of so-called rapid antigen tests, which can be conducted via paper strips and produce results within minutes. Researchers hope the tests can help districts quickly identify infected students or teachers and prevent schoolwide outbreaks.
Los Angeles Mayor Eric Garcetti said the tests are a potential “gamechanger” in the county’s ongoing quest to reopen schools.
“Los Angeles never shies away from a challenge, and we are tapping into our trademark creativity, our innovative spirit, and our strong partners with USC and the county to advance groundbreaking research, prevent the spread of this virus, and save lives,” the mayor said in a statement.


Top Eight

Your Tuesday night briefing from the staff of Courthouse News Top eight CNS stories for today including the Gulf Coast is keeping a close eye on Tropical Storm Zeta ; Two intense wind-driven wildfires continued to burn out of control near Los Angeles ; NXIVM cult leader Keith Raniere was sentenced to 120 years in federal prison , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your inbox Monday through Friday .
1 . )
Convicted of keeping women as sex “ slaves , ” @ @ @ @ @ @ @ , NXIVM cult leader Keith Raniere was sentenced Tuesday to 120 years in federal prison .
2 . )
With polls showing Georgia has a shot of voting for a Democratic presidential candidate for the first time since 1992 , Joe Biden visited the Peach State on Tuesday for a pair of rallies to fire up voters a week before Election Day .
3 . )
Employees who use medical marijuana to cope with a work-related injury can ’ t get reimbursed for it through workers ’ compensation , Massachusetts ’ highest court @ @ @ @ @ @ @ Gulf Coast is keeping a close eye on Tropical Storm Zeta , which is expected to make landfall Wednesday night as a Category 1 hurricane in what has been an unprecedented hurricane season .
5 . )
Two intense wind-driven wildfires continued to burn out of control near Los Angeles on Tuesday morning , prompting 90,000 to flee their homes and severely injuring a pair of firefighters attempting to quell one of the blazes .
6 . )
Virginia Democrats have filed suit against an elections official in Richmond for not handing over @ @ @ @ @ @ @ which the party hopes to use to notify voters so they can file a corrected ballot by next week ’ s deadline .
7 . )
Europe ’ s top human rights courts held Tuesday that Turkey was wrong to fine a leading opposition politician for criticizing the country ’ s strongman ruler .
8 . )
An adviser to the EU ’ s top court rejected claims from the Lufthansa airline that Germany granted improper state aid by financing an airport to the tune of $ 59 million .

Top eight CNS stories for today including the Gulf Coast is keeping a close eye on Tropical Storm Zeta; Two intense wind-driven wildfires continued to burn out of control near Los Angeles; NXIVM cult leader Keith Raniere was sentenced to 120 years in federal prison, and more.
Your Tuesday night briefing from the staff of Courthouse News
Top eight CNS stories for today including the Gulf Coast is keeping a close eye on Tropical Storm Zeta; Two intense wind-driven wildfires continued to burn out of control near Los Angeles; NXIVM cult leader Keith Raniere was sentenced to 120 years in federal prison, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) Convicted of keeping women as sex “slaves,” branding his initials above their public lines, NXIVM cult leader Keith Raniere was sentenced Tuesday to 120 years in federal prison.
This still from a video in the YouTube series "Keith Raniere Conversations" shows the NXIVM leader who will begin trial May 7 on sex-trafficking and other charges.
2.) With polls showing Georgia has a shot of voting for a Democratic presidential candidate for the first time since 1992, Joe Biden visited the Peach State on Tuesday for a pair of rallies to fire up voters a week before Election Day.
Democratic presidential candidate former Vice President Joe Biden leaves after speaking at Mountain Top Inn & Resort, Tuesday, Oct. 27, 2020, in Warm Springs, Ga. (AP Photo/Andrew Harnik)
3.) Employees who use medical marijuana to cope with a work-related injury can’t get reimbursed for it through workers’ compensation, Massachusetts’ highest court held Tuesday.
A bud tender shows a top cannabis strain at Serra, a dispensary in Portland, Ore., on Feb. 7, 2019. In an attempt to reduce the marijuana inventory in Oregon, the state is moving toward allowing the Oregon Liquor Control Commission to refuse to issue initial marijuana production licenses, based on supply and demand. (AP Photo/Richard Vogel)
Regional
4.) The Gulf Coast is keeping a close eye on Tropical Storm Zeta, which is expected to make landfall Wednesday night as a Category 1 hurricane in what has been an unprecedented hurricane season.
Tourists walk past debris littering the street after Hurricane Zeta's landfall in Playa del Carmen, Mexico, early Tuesday, Oct. 27, 2020. Zeta is leaving Mexico’s Yucatan Peninsula on a path that could hit New Orleans Wednesday night. (AP Photo/Tomas Stargardter)
5.) Two intense wind-driven wildfires continued to burn out of control near Los Angeles on Tuesday morning, prompting 90,000 to flee their homes and severely injuring a pair of firefighters attempting to quell one of the blazes.
The Silverado Fire burns along the 241 State Highway Monday, Oct. 26, 2020, in Irvine, Calif. A fast-moving wildfire forced evacuation orders for 60,000 people in Southern California on Monday as powerful winds across the state prompted power to be cut to hundreds of thousands to prevent utility equipment from sparking new blazes. (AP Photo/Jae C. Hong)
6.) Virginia Democrats have filed suit against an elections official in Richmond for not handing over a list of rejected absentee ballots, which the party hopes to use to notify voters so they can file a corrected ballot by next week’s deadline.
Voters line up outside to cast ballots in the general election at the Henrico County general registrar's office in Henrico County, Va., Friday, Sept. 18, 2020, on the first day of the state's 45-day early voting period. (Bob Brown/Richmond Times-Dispatch via AP)
International
7.) Europe’s top human rights courts held Tuesday that Turkey was wrong to fine a leading opposition politician for criticizing the country’s strongman ruler.
Supporters of the Republican People's Party, CHP, wave Turkish flags, and one with a portrait of Kemal Ataturk, right, as they celebrate after preliminary results of the local elections were announced in Ankara, Turkey, on April 1, 2019. Erdogan's ruling party has declared victory in the race for mayor of Istanbul, even though the result in Turkey's most populous city and commercial hub is too close to call. State broadcaster TRT says former Prime Minister Binali Yildirim received 48.71 percent of the votes in Sunday's municipal elections while the opposition's candidate, Ekrem Imamoglu, got 48.65 percent. (AP Photo/Burhan Ozbilici)
8.) An adviser to the EU’s top court rejected claims from the Lufthansa airline that Germany granted improper state aid by financing an airport to the tune of $59 million.


Classroom Controversy

MANHATTAN — A schoolteacher who was charged with hitting one of the 9-year-olds in her science class with a book @ @ @ @ @ on Tuesday , saying her reputation remains in tatters despite having been exonerated of any @ @

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


courthousenews--2020-10-27--California Auditor Slams Expensive and Slow Cleanup of Battery Recycling Plant

( CN ) — Cleaning up the abandoned Exide battery recycling plant in Los Angeles County will cost California taxpayers nearly $ 400 million dollars in addition to other costs the state has already paid and the regulatory agency in charge is woefully behind schedule , the state auditor found .
The battery recycling plant in the city of Vernon released toxic chemicals into the surrounding residential neighborhood for decades .
This month , a federal judge approved a bankruptcy plan that would allow Exide Technologies to abandon the site with minimal costs incurred .
That plan leaves California taxpayers @ @ @ @ @ @ @ predominantly Latino communities will continue to be exposed to dangerous levels of lead .
Cleanup timelines will be missed , and costs continue to balloon according to the audit released Tuesday .
State auditor Elaine Howle found the Exide bankruptcy plan did not leave enough money to maintain the superfund site to prevent further lead exposure .
California will need to invest $ 390 million to clean the site in addition to the $ 260 million the state has already spent to clean the areas around the plant .
The Department of Toxic @ @ @ @ @ @ @ department responsible for toxic cleanup , has not cleaned 31 out of 50 lead-contaminated properties near the site , including schools , parks and childcare centers according to Howle ’ s audit .
In a letter to Governor Gavin Newsom , Howle said the agency is behind schedule and is hemorrhaging money .
“ The department ’ s poor cost estimation and cost overruns by one of its contractors have contributed to DTSC spending more than expected to clean the contamination , ” Howle wrote .
The agency will likely miss its June @ @ @ @ @ @ @ contaminated out of 7,800 properties in the area near the Vernon plant despite identifying the sites as contaminated in 2014 , according to the auditor ’ s report .
Howle slammed the department ’ s track record on holding Exide accountable and recommended strict deadlines and cost estimates to determine how much will be needed to complete the cleanup .
In a response to Howle ’ s audit , the department said it has cleaned properties at a relatively fast pace in comparison to other cleanup projects .
Other factors slowed the cleanup @ @ @ @ @ @ @ of funding , but agreed to follow the auditor ’ s recommendations .
In a statement , the department said it will continue to update the affected neighborhoods through public forums and is “ committed to ensuring the safety of our kids and our communities from toxic pollution including holding polluters accountable.
” Howle said the evidence of the slow response is damning : Apart from one child care center that was cleaned in May 2020 , there has been no other progress to clean up any other child care center , parks @ @ @ @ @ @ @ As a result , it has continued to put the children and other at-risk individuals who spend time at these properties at unnecessary risk of the serious consequences of lead poisoning , ” according to the report .
The agency ’ s cleanup plan was based on previous projects and consultation with the U.S. Environmental Protection Agency .
But when Howle ’ s office asked for evidence of correspondence between the agency and the EPA , it was “ limited to a handbook on lead contamination at residential sites that contained only a @ @ @ @ @ @ @ a cleanup effort could potentially progress.
” With such a slow pace now set , the agency will miss its projected deadline by six months and leave the neighborhoods near the abandoned site in limbo .
The smelting plant has been a fixture in the city of Vernon since 1922 .
Exide took over the site in 2000 .
In 2014 , state regulators forced the plant to shut down , finding the site spread lead dust over residential neighborhoods up to 1.7 miles away .
Exide avoided criminal prosecution for mishandling toxic @ @ @ @ @ @ @ to a $ 50 million cleanup .
Exide also apologized , but in May the parent company filed for bankruptcy and moved ahead with a nonconsensual confirmation to skirt liability and abandon the site .
Criticism has been lobbed at both Exide and the state agency meant to regulate the plant operators .
On Tuesday , Assembly member Miguel Santiago , D-Los Angeles , demanded the agency “ fix their mistakes and create a realistic plan to clean up every single contaminated property.
” “ DTSC failed us again .
It is unacceptable @ @ @ @ @ @ @ money that the state gave them to clean up contaminated properties , ” said Santiago in a statement .
For years , residents complained of health problems that seemed to go unnoticed by regulators or anyone outside the LA County communities .
Gloria Carrillo , a resident of Estrada Courts , lives about a 10-minute drive from the Vernon site .
All four of her children have asthma , along with other children who live in the housing projects .
“ Older people die here from cancer and everyone has headaches all the @ @ @ @ @ @ @ in a phone interview this month .
According to DTSC ’ s permit history records , the Exide plant received about 11 million used lead-acid batteries each year — amounting to 100,000 to 120,000 tons of lead .
That lead dust then rained down on homes , parks and schoolyards .

Cleaning up the abandoned Exide battery recycling plant in Los Angeles County will cost California taxpayers nearly $400 million dollars in addition to other costs the state has already paid and the regulatory agency in charge is woefully behind schedule, the state auditor found.
(CN) — Cleaning up the abandoned Exide battery recycling plant in Los Angeles County will cost California taxpayers nearly $400 million dollars in addition to other costs the state has already paid and the regulatory agency in charge is woefully behind schedule, the state auditor found.
The battery recycling plant in the city of Vernon released toxic chemicals into the surrounding residential neighborhood for decades. This month, a federal judge approved a bankruptcy plan that would allow Exide Technologies to abandon the site with minimal costs incurred.
That plan leaves California taxpayers on the hook and residents in the predominantly Latino communities will continue to be exposed to dangerous levels of lead. Cleanup timelines will be missed, and costs continue to balloon according to the audit released Tuesday.
State auditor Elaine Howle found the Exide bankruptcy plan did not leave enough money to maintain the superfund-like site to prevent further lead exposure. California will need to invest $390 million to clean the site in addition to the $260 million the state has already spent to clean the areas around the plant.
The Department of Toxic Substances Control (DTSC), the department responsible for toxic cleanup, has not cleaned 31 out of 50 lead-contaminated properties near the site, including schools, parks and childcare centers according to Howle’s audit.
In a letter to Governor Gavin Newsom, Howle said the agency is behind schedule and is hemorrhaging money.
“The department’s poor cost estimation and cost overruns by one of its contractors have contributed to DTSC spending more than expected to clean the contamination,” Howle wrote.
The agency will likely miss its June 2021 target to clean the 3,200 most contaminated out of 7,800 properties in the area near the Vernon plant despite identifying the sites as contaminated in 2014, according to the auditor’s report.
Howle slammed the department’s track record on holding Exide accountable and recommended strict deadlines and cost estimates to determine how much will be needed to complete the cleanup.
In a response to Howle’s audit, the department said it has cleaned properties at a relatively fast pace in comparison to other cleanup projects. Other factors slowed the cleanup work and the agency acknowledged the lack of funding, but agreed to follow the auditor’s recommendations.
In a statement, the department said it will continue to update the affected neighborhoods through public forums and is “committed to ensuring the safety of our kids and our communities from toxic pollution including holding polluters accountable.”
Howle said the evidence of the slow response is damning: Apart from one child care center that was cleaned in May 2020, there has been no other progress to clean up any other child care center, parks or schools since May 2018.
“As a result, it has continued to put the children and other at-risk individuals who spend time at these properties at unnecessary risk of the serious consequences of lead poisoning,” according to the report.
The agency’s cleanup plan was based on previous projects and consultation with the U.S. Environmental Protection Agency. But when Howle’s office asked for evidence of correspondence between the agency and the EPA, it was “limited to a handbook on lead contamination at residential sites that contained only a single reference to the pace at which a cleanup effort could potentially progress.”
With such a slow pace now set, the agency will miss its projected deadline by six months and leave the neighborhoods near the abandoned site in limbo.
The smelting plant has been a fixture in the city of Vernon since 1922. Exide took over the site in 2000.
In 2014, state regulators forced the plant to shut down, finding the site spread lead dust over residential neighborhoods up to 1.7 miles away. Exide avoided criminal prosecution for mishandling toxic chemicals at the 15-acre facility and agreed to a $50 million cleanup. Exide also apologized, but in May the parent company filed for bankruptcy and moved ahead with a nonconsensual confirmation to skirt liability and abandon the site.
Criticism has been lobbed at both Exide and the state agency meant to regulate the plant operators.
On Tuesday, Assembly member Miguel Santiago, D-Los Angeles, demanded the agency “fix their mistakes and create a realistic plan to clean up every single contaminated property.”
“DTSC failed us again. It is unacceptable that the department will run out of money that the state gave them to clean up contaminated properties,” said Santiago in a statement.
For years, residents complained of health problems that seemed to go unnoticed by regulators or anyone outside the LA County communities.
Gloria Carrillo, a resident of Estrada Courts, lives about a 10-minute drive from the Vernon site. All four of her children have asthma, along with other children who live in the housing projects.
“Older people die here from cancer and everyone has headaches all the time. Everyone,” Carillo said in a phone interview this month.
According to DTSC’s permit history records, the Exide plant received about 11 million used lead-acid batteries each year — amounting to 100,000 to 120,000 tons of lead. That lead dust then rained down on homes, parks and schoolyards.


courthousenews--2020-10-27--Workers’ Comp Off Limits for Medical Marijuana, Court Rules

BOSTON ( CN ) — Employees who use medical marijuana to cope with a work-related injury can ’ t get reimbursed for it through workers ’ compensation , Massachusetts ’ highest court held Tuesday .
If workers ’ comp insurers had to pay for marijuana , they could in theory be charged with a federal crime since it ’ s still illegal under federal law to aid or abet someone in using pot , the court said .
“ It is one thing to voluntarily assume a risk of federal prosecution ” by using pot , Justice Scott Kafker wrote @ @ @ @ @ @ @ is another to involuntarily have such a risk imposed upon you.
” The availability of workers ’ comp payments has become a hot issue as medical marijuana continues to be legalized across the country — 33 states and counting .
Fueling the trend , injured workers are increasingly turning to marijuana as workers ’ comp insurers and boards limit their access to opioids for chronic pain , responding to an addiction crisis that has been ravaged much of the country for years .
“ We have an anti-opioid movement , but the court @ @ @ @ @ @ @ ” complained the worker ’ s lawyer in this case , Katherine Lamondia-Wrinkle of the Law Office of Thomas Libbos in Springfield , Massachusetts .
Lamondia-Wrinkle represents Daniel Wright , a cable installer who injured his knee stepping off a ladder .
Thanks to marijuana , Wright was able to wean himself off opioids and other medications with negative side effects .
But for a lot of people in his situation , without workers ’ comp reimbursement , “ they won ’ t be able to afford the benefit , ” Lamondia-Wrinkle said @ @ @ @ @ @ @ 24,267.86 on marijuana from February 2016 to August 2017 .
But the insurer ’ s lawyer , Leonard Nason of Bedford , Massachusetts , said the fact that pot is still federally illegal simply isn ’ t the insurance industry ’ s fault .
“ Congress could fix that in a second , ” Nason told Courthouse News .
When Massachusetts legalized medical pot in 2012 , state law said that it didn ’ t require “ any health insurance provider , or any government agency or authority , to reimburse any person @ @ @ @ @ @ @ of marijuana.
” The court said that a workers ’ comp insurer was essentially a health insurer .
Some 22 states that have legalized medical marijuana have similar rules , the court said .
Indeed , Maine ’ s highest court issued a decision like the one in Massachusetts two years ago .
Still , not everyone agrees .
Six states have allowed workers ’ comp reimbursement at least to some extent , according to a monograph by the Insurance Information Institute .
Those states are Connecticut , Minnesota , New Hampshire , @ @ @ @ @ @ @ York .
“ The current legal landscape of medical marijuana law may , at best , be described as a hazy thicket , ” the monograph states .
Justice Kafker distinguished Tueesday ’ s differs from one the court issued three years ago in which it said a company couldn ’ t fire an employee for using medical marijuana in her free time .
In that case the company wasn ’ t aiding or abetting the employee and thus didn ’ t face federal prosecution , Kafker wrote .
As of last year @ @ @ @ @ @ @ marijuana patients in Massachusetts who consumed nearly 1.3 million ounces of pot , according to the state ’ s Cannabis Control Commission .
One issue that has come up in other states is the fact that there are few guidelines for marijuana dosage , making it harder for workers ’ comp insurers to monitor use and make sure it ’ s appropriate .
“ There ’ s no scientific evidence and no one knows how much is too much or too little , ” said Nason .
Only one state , New Mexico @ @ @ @ @ @ @ There , one “ unit ” of pot is considered to be one gram of dry weight equivalent .
The maximum reimbursement is $ 12.02 per unit and workers are limited to 230 units every three months .

Employees who use medical marijuana to cope with a work-related injury can’t get reimbursed for it through workers’ compensation, Massachusetts’ highest court held Tuesday.
BOSTON (CN) — Employees who use medical marijuana to cope with a work-related injury can’t get reimbursed for it through workers’ compensation, Massachusetts’ highest court held Tuesday.
If workers’ comp insurers had to pay for marijuana, they could in theory be charged with a federal crime since it’s still illegal under federal law to aid or abet someone in using pot, the court said.
“It is one thing to voluntarily assume a risk of federal prosecution” by using pot, Justice Scott Kafker wrote in a unanimous decision, “it is another to involuntarily have such a risk imposed upon you.”
The availability of workers’ comp payments has become a hot issue as medical marijuana continues to be legalized across the country — 33 states and counting. Fueling the trend, injured workers are increasingly turning to marijuana as workers’ comp insurers and boards limit their access to opioids for chronic pain, responding to an addiction crisis that has been ravaged much of the country for years.
“We have an anti-opioid movement, but the court is now taking away the alternative,” complained the worker’s lawyer in this case, Katherine Lamondia-Wrinkle of the Law Office of Thomas Libbos in Springfield, Massachusetts.
Lamondia-Wrinkle represents Daniel Wright, a cable installer who injured his knee stepping off a ladder. Thanks to marijuana, Wright was able to wean himself off opioids and other medications with negative side effects.
But for a lot of people in his situation, without workers’ comp reimbursement, “they won’t be able to afford the benefit,” Lamondia-Wrinkle said in an interview.
Wright claimed that he spent $24,267.86 on marijuana from February 2016 to August 2017.
But the insurer’s lawyer, Leonard Nason of Bedford, Massachusetts, said the fact that pot is still federally illegal simply isn’t the insurance industry’s fault. “Congress could fix that in a second,” Nason told Courthouse News.
When Massachusetts legalized medical pot in 2012, state law said that it didn’t require “any health insurance provider, or any government agency or authority, to reimburse any person for the expenses of the medical use of marijuana." The court said that a workers’ comp insurer was essentially a health insurer.
Some 22 states that have legalized medical marijuana have similar rules, the court said.
Indeed, Maine’s highest court issued a decision like the one in Massachusetts two years ago. Still, not everyone agrees. Six states have allowed workers’ comp reimbursement at least to some extent, according to a monograph by the Insurance Information Institute.
Those states are Connecticut, Minnesota, New Hampshire, New Jersey, New Mexico and New York.
“The current legal landscape of medical marijuana law may, at best, be described as a hazy thicket,” the monograph states.
Justice Kafker distinguished Tuesday’s ruling from one the court issued three years ago in which it said a company couldn’t fire an employee for using medical marijuana in her free time. In that case the company wasn’t aiding or abetting the employee and thus didn’t face federal prosecution, Kafker wrote.
As of last year, there were more than 60,000 medical marijuana patients in Massachusetts who consumed nearly 1.3 million ounces of pot, according to the state’s Cannabis Control Commission.
One issue that has come up in other states is the fact that there are few guidelines for marijuana dosage, making it harder for workers’ comp insurers to monitor use and make sure it’s appropriate.
“There’s no scientific evidence and no one knows how much is too much or too little,” said Nason.
Only one state, New Mexico, has established a fee schedule. There, one “unit” of pot is considered to be one gram of dry weight equivalent. The maximum reimbursement is $12.02 per unit and workers are limited to 230 units every three months.


‘Muppet Babies’

LOS ANGELES — Veteran screenwriter Jeffrey Scott claims in a federal complaint that the Walt Disney Company misappropriated his “ @ @ @ @ @ “ Muppet Babies ” television show .


Instagram

VANCOUVER , British Columbia — A Canadian Instagram user brought a class action privacy suit against Facebook claiming the Instagram @ @ @ @ @ and monitors users ’ cameras on Apple devices even when the user is not taking @ @ @ @ @ app .


Major League Baseball

SAN FRANCISCO — A federal court in California granted Major League Baseball and its players ’ union sanctions and attorney @ @ @ @ @ ’ s voluntary dismissal of his false-advertising and unfair-competition action .
The player sued after @ @ @ @ @ of his company ’ s supplements .


Excessive Force

SAN FRANCISCO — In a dispute arising from the arrest of a man who had threatened his girlfriend and her @ @ @ @ @ the Ninth Circuit reversed a ruling in favor of one of the arresting officers , @ @ @ @ @ the time “ put officers on notice ” that kneeling on a prone and nonresisting @ @ @ @ @ hard as to cause injury was excessive .


Congressional Race

WASHINGTON — U.S. Supreme Court Justice Neil Gorsuch rejected a Minnesota Republican congressional candidate ’ s attempt to delay voting @ @ @ @ @ September death of Legal Marijuana Now Party candidate Adam Weeks .


Jail Beating

SAN FRANCISCO — A Los Angeles sheriff ’ s deputy was properly convicted of making false statements to the FBI @ @ @ @ @ several other deputies assaulted a jail visitor and brought false charges against him , the @ @ @ @


Black Bears

TACOMA , Wash. — The Washington Department of Fish and Wildlife ’ s timber hunt rule — which permits hunters @ @ @ @ @ to kill black bears on timberlands — is invalid , an appeals court in the @ @ @ @ @ reconsideration the Center for Biological Diversity ’ s claim the department arbitrarily and capriciously adopted @ @ @


courthousenews--2020-10-28--Texas High Court Upholds Order Limiting Early Ballot Drop-Off Sites

AUSTIN , Texas ( CN ) — Texas Governor Greg Abbott ’ s order restricting counties to just one early drop-off site for absentee ballots was upheld Tuesday by the Texas Supreme Court , which found that , overall , Abbott has greatly expanded voting access in response to the pandemic .
Abbott ’ s Oct. 1 proclamation incensed Democrats in their strongholds of El Paso , Austin , Dallas and Houston .
They complained the Republican governor ’ s claims he limited drop-off sites to protect the integrity of election results made no sense given that voters have to @ @ @ @ @ @ @ sign a roster before dropping off their ballots .
Judge Lina Hidalgo , the head of the governing body of Harris County — which includes the city of Houston — said some voters would have to drive 60 miles round trip to deliver their ballots when prior to Abbott ’ s order the county had 12 drop-off sites .
“ Harris County is bigger than the state of Rhode Island , and we ’ re supposed to have one site ?
This isn ’ t security , it ’ s suppression , ” @ @ @ @ @ @ @ League of United Latin American Citizens and League of Women Voters of Texas quickly challenged the order in federal court and won an injunction , only to have the injunction stayed and Abbott ’ s order upheld by a three-judge panel of the Fifth Circuit .
In a unanimous opinion by three appointees of President Donald Trump , the panel pointed out Abbott had issued another proclamation on July 27 in which he suspended rules in the Texas Election Code to expand voting access due to the pandemic .
Abbott ’ s July @ @ @ @ @ @ @ six days and allowed counties to accept absentee ballot drop-offs for 40 days starting Sept. 19 , instead of just on Election Day .
“ How this expansion of voting opportunities burdens anyone ’ s right to vote is a mystery , ” U.S .
Circuit Judge Kyle Duncan wrote for the New Orleans-based appellate court .
The matter appeared to be settled until two more left-leaning groups , Common Cause Texas and the Anti-Defamation League , filed suit in state court and obtained an injunction from Travis County District Tim Sulak .
@ @ @ @ @ @ @ site would needlessly increase voters ’ risk of contracting Covid-19 and burden their right to vote by forcing them to travel long distances and wait in long lines to cast their ballots .
Abbott turned to the Texas Supreme Court on Oct. 23 after an appellate court affirmed Sulak ’ s injunction Despite the twists and turns , Abbott ’ s order has remained in effect since he issued it Oct. 1 .
And the Texas Supreme Court on Tuesday laid to rest any Democratic hopes more drop-off sites could be opened in @ @ @ @ @ @ @ which ends Oct. 30 .
The all-Republican high court found lower courts had improperly treated Abbott ’ s latest proclamation as a severe restriction on voting and subjected it to strict scrutiny , faulting the state for not rebutting plaintiffs ’ experts claims ballot integrity concerns were unfounded , and it made sense to have multiple drop-off sites in the pandemic .
“ This was error .
Any burden on voting rights arising from the October Proclamation was not a severe burden , and the proclamation is clearly constitutional when subjected to the @ @ @ @ @ @ @ court wrote in an unsigned unanimous 17-page opinion .
The challengers argued more drop-off sites are needed because the Postal Service may not deliver their voters absentee ballots in time to be counted , and the Postal Service itself is running ads in magazines telling people , to “ check your state ’ s rules and deadlines , and ensure you have ample time to complete the process.
” But the eight Texas Supreme Court justices who heard the case called that mere speculation and agreed with the Fifth Circuit that overall Abbott @ @ @ @ @ @ @ Abbott ’ s order would only burden a small group of voters who are eligible for mail-in ballots and “ credibly fear ” their ballot would not arrive in time , could not drop-off their ballot on Election Day , face “ substantially greater health risks ” by voting in person and couldn ’ t “ feasibly travel ” to the single ballot drop-off site in their county before Election Day .
In Texas , the only people eligible to vote absentee are those age 65 or older , those with a qualifying @ @ @ @ @ @ @ but otherwise eligible , or those out of their home counties on Election Day or during the early voting period .
“ Concern about this small class of voters does not render the October Proclamation unconstitutional , ” the order states .
Besides , the high court found , per the Texas Election Code , counties can , and will , have multiple drop-off sites on Election Day .
“ The Governor ’ s October Proclamation provides Texas voters more ways to vote in the November 3 election than does the Election Code @ @ @ @ @ @ @ ” the order states .

Texas Governor Greg Abbott’s order restricting counties to just one early drop-off site for absentee ballots was upheld Tuesday by the Texas Supreme Court, which found that, overall, Abbott has greatly expanded voting access in response to the pandemic.
AUSTIN, Texas (CN) — Texas Governor Greg Abbott’s order restricting counties to just one early drop-off site for absentee ballots was upheld Tuesday by the Texas Supreme Court, which found that, overall, Abbott has greatly expanded voting access in response to the pandemic.
Abbott’s Oct. 1 proclamation incensed Democrats in their strongholds of El Paso, Austin, Dallas and Houston. They complained the Republican governor’s claims he limited drop-off sites to protect the integrity of election results made no sense given that voters have to show their IDs to election officials and sign a roster before dropping off their ballots.
Judge Lina Hidalgo, the head of the governing body of Harris County — which includes the city of Houston — said some voters would have to drive 60 miles round trip to deliver their ballots when prior to Abbott’s order the county had 12 drop-off sites.
“Harris County is bigger than the state of Rhode Island, and we're supposed to have one site? This isn't security, it's suppression,” said Hidalgo, a Democrat.
The League of United Latin American Citizens and League of Women Voters of Texas quickly challenged the order in federal court and won an injunction, only to have the injunction stayed and Abbott’s order upheld by a three-judge panel of the Fifth Circuit.
In a unanimous opinion by three appointees of President Donald Trump, the panel pointed out Abbott had issued another proclamation on July 27 in which he suspended rules in the Texas Election Code to expand voting access due to the pandemic.
Abbott’s July order extended the early voting period by six days and allowed counties to accept absentee ballot drop-offs for 40 days starting Sept. 19, instead of just on Election Day.
“How this expansion of voting opportunities burdens anyone’s right to vote is a mystery,” U.S. Circuit Judge Kyle Duncan wrote for the New Orleans-based appellate court.
The matter appeared to be settled until two more left-leaning groups, Common Cause Texas and the Anti-Defamation League, filed suit in state court and obtained an injunction from Travis County District Tim Sulak.
Sulak found limiting counties to one drop-off site would needlessly increase voters’ risk of contracting Covid-19 and burden their right to vote by forcing them to travel long distances and wait in long lines to cast their ballots.
Abbott turned to the Texas Supreme Court on Oct. 23 after an appellate court affirmed Sulak’s injunction
Despite the twists and turns, Abbott’s order has remained in effect since he issued it Oct. 1.
And the Texas Supreme Court on Tuesday laid to rest any Democratic hopes more drop-off sites could be opened in the last week of early voting, which ends Oct. 30.
The all-Republican high court found lower courts had improperly treated Abbott’s latest proclamation as a severe restriction on voting and subjected it to strict scrutiny, faulting the state for not rebutting plaintiffs’ experts claims ballot integrity concerns were unfounded, and it made sense to have multiple drop-off sites in the pandemic.
“This was error. Any burden on voting rights arising from the October Proclamation was not a severe burden, and the proclamation is clearly constitutional when subjected to the appropriate degree of scrutiny,” the court wrote in an unsigned unanimous 17-page opinion.
The challengers argued more drop-off sites are needed because the Postal Service may not deliver their voters absentee ballots in time to be counted, and the Postal Service itself is running ads in magazines telling people, to “check your state’s rules and deadlines, and ensure you have ample time to complete the process.”
But the eight Texas Supreme Court justices who heard the case called that mere speculation and agreed with the Fifth Circuit that overall Abbott had expanded voting options.
They said Abbott’s order would only burden a small group of voters who are eligible for mail-in ballots and “credibly fear” their ballot would not arrive in time, could not drop-off their ballot on Election Day, face “substantially greater health risks” by voting in person and couldn’t “feasibly travel” to the single ballot drop-off site in their county before Election Day. In Texas, the only people eligible to vote absentee are those age 65 or older, those with a qualifying sickness or disability, those in jail but otherwise eligible, or those out of their home counties on Election Day or during the early voting period.
“Concern about this small class of voters does not render the October Proclamation unconstitutional,” the order states.
Besides, the high court found, per the Texas Election Code, counties can, and will, have multiple drop-off sites on Election Day.
“The Governor’s October Proclamation provides Texas voters more ways to vote in the November 3 election than does the Election Code. It does not disenfranchise anyone,” the order states.


courthousenews--2020-10-28--Ninth Circuit Considers Tribe’s Plea to Pause Border Wall Construction

SAN DIEGO ( CN ) — Considering a tribe ’ s claims that a border wall construction site in San Diego contains cultural resources and possibly ancestral burial sites , a Ninth Circuit panel Tuesday appeared unlikely to stop the project .
The La Posta Band of Digueno Mission Indians asked the appellate court to reverse U.S. District Judge Anthony Battaglia ’ s refusal to issue a preliminary injunction pausing border wall construction where the tribe says archaeologists and tribal members believe human remains are likely buried .
By failing to meet Department of Homeland Security tribal consultation requirements , @ @ @ @ @ @ @ construction , which cuts through Kumeyaay land in San Diego , violates the Administrative Procedures Act .
But Senior U.S .
Circuit Judge Richard Tallman , a Bill Clinton appointee , questioned how to “ prove the negative , ” noting that , so far , there have been no documented finds of human remains in the construction zone .
“ The question is : Did they discover any ?
Otherwise we are hypothesizing here , ” Tallman told La Posta ’ s attorney Simon Gertler of Rosette LLP .
“ How do @ @ @ @ @ @ @ haven ’ t found anything to date , why should we assume we will find something ?
You really are asking the government to prove the negative when you can ’ t prove the positive , ” Tallman added .
Gertler retorted that it is what the government does not say in its declarations and court responses that is significant to the case — the government never rebutted the tribe ’ s evidence of the likelihood of burial sites in the area , he said .
The duo argued semantics over the government @ @ @ @ @ @ @ there is not a presence of “ known ” burial sites .
Gertler said the presence of cultural resources in the area , as well as bones found on the Mexico side of the border 50 feet away from the wall was enough to allege the La Posta tribe would suffer irreparable harm from continued border wall construction absent a court injunction .
“ There are still burials in other areas and the project is excavating a very large trench which is a disturbance this area hasn ’ t seen before , which @ @ @ @ @ @ @ about , ” Gertler said .
But Justice Department attorney Anne Murphy said La Posta had failed to prove it would likely suffer irreparable harm .
“ There ’ s nothing in the record of the government doing anything that is insensitive to cultural resources , ” Murphy said .
When questioned by U.S .
Circuit Judge Mary Murguia , a Barack Obama appointee , about the “ thoroughness ” of the government ’ s cultural resources land survey , Murphy pointed out “ the government has had a presence in the area @ @ @ @ @ @ @ numerous surveys in addition to having an archaeological contractor and tribal cultural monitors on-site during the current border wall project .
“ This is true — there are no known burials .
I ’ m not sure how are we to identify unknown burials , the government has looked for them , and none have been found , ” Murphy said .
“ The government is taking extraordinary efforts to ensure none of the harms La Posta is concerned about would happen , ” she added .
On rebuttal , when asked by @ @ @ @ @ @ @ consideration to “ unknown ” burials , Gertler denied the tribe was merely speculating , pointing out five tribal members and archaeologists testified there were likely human remains where the border wall is being expanded .
Senior U.S .
Circuit Judge A. Wallace Tashima , a Bill Clinton appointee , rounded out the panel .
The matter was taken under submission .

Considering a tribe’s claims that a border wall construction site in San Diego contains cultural resources and possibly ancestral burial sites, a Ninth Circuit panel Tuesday appeared unlikely to stop the project.
SAN DIEGO (CN) — Considering a tribe’s claims that a border wall construction site in San Diego contains cultural resources and possibly ancestral burial sites, a Ninth Circuit panel Tuesday appeared unlikely to stop the project.
The La Posta Band of Digueno Mission Indians asked the appellate court to reverse U.S. District Judge Anthony Battaglia’s refusal to issue a preliminary injunction pausing border wall construction where the tribe says archaeologists and tribal members believe human remains are likely buried.
By failing to meet Department of Homeland Security tribal consultation requirements, La Posta claims the ongoing border wall construction, which cuts through Kumeyaay land in San Diego, violates the Administrative Procedures Act.
But Senior U.S. Circuit Judge Richard Tallman, a Bill Clinton appointee, questioned how to “prove the negative,” noting that, so far, there have been no documented finds of human remains in the construction zone.
“The question is: Did they discover any? Otherwise we are hypothesizing here,” Tallman told La Posta’s attorney Simon Gertler of Rosette LLP.
“How do you prove the negative? If they haven’t found anything to date, why should we assume we will find something? You really are asking the government to prove the negative when you can’t prove the positive,” Tallman added.
Gertler retorted that it is what the government does not say in its declarations and court responses that is significant to the case — the government never rebutted the tribe’s evidence of the likelihood of burial sites in the area, he said.
The duo argued semantics over the government’s land survey results which indicated there is not a presence of “known” burial sites.
Gertler said the presence of cultural resources in the area, as well as bones found on the Mexico side of the border 50 feet away from the wall was enough to allege the La Posta tribe would suffer irreparable harm from continued border wall construction absent a court injunction.
“There are still burials in other areas and the project is excavating a very large trench which is a disturbance this area hasn’t seen before, which is a disturbance the tribe is concerned about,” Gertler said.
But Justice Department attorney Anne Murphy said La Posta had failed to prove it would likely suffer irreparable harm.
“There’s nothing in the record of the government doing anything that is insensitive to cultural resources,” Murphy said.
When questioned by U.S. Circuit Judge Mary Murguia, a Barack Obama appointee, about the “thoroughness” of the government’s cultural resources land survey, Murphy pointed out “the government has had a presence in the area since 1907,” and has done numerous surveys in addition to having an archaeological contractor and tribal cultural monitors on-site during the current border wall project.
“This is true — there are no known burials. I’m not sure how are we to identify unknown burials, the government has looked for them, and none have been found,” Murphy said.
“The government is taking extraordinary efforts to ensure none of the harms La Posta is concerned about would happen,” she added.
On rebuttal, when asked by Tallman if Battaglia should have given more consideration to “unknown” burials, Gertler denied the tribe was merely speculating, pointing out five tribal members and archaeologists testified there were likely human remains where the border wall is being expanded.
Senior U.S. Circuit Judge A. Wallace Tashima, a Bill Clinton appointee, rounded out the panel. The matter was taken under submission.


courthousenews--2020-10-28--Judge Proposes Deal to Get More Help for Oakland During Protests

SAN FRANCISCO ( CN ) — A federal judge offered to tweak an injunction against the Oakland Police Department Tuesday after the city ’ s policing partners refused to provide aid during protests unless restrictions on tear gas and rubber bullets were lifted .
“ On one hand I insist when you do policing , you do it with certain constitutional norms , ” U.S. Magistrate Judge Joseph Spero said during a virtual court hearing Tuesday .
“ On the other hand , I can ’ t be blind to the fact that mutual aid partners are saying no.
” @ @ @ @ @ @ @ preliminary injunction barring Oakland police from using rubber bullets and limiting the use of tear gas and flash-bang grenades to only when necessary to protect people or property after verbal warnings are given and when other techniques have failed to eliminate the threat .
The injunction also requires Oakland to abide by its 2013 crowd control policy , which requires it to brief mutual aid partners on what weapons are banned by city policy , such as rubber bullets , and to ensure law enforcement partners agree not to use less-lethal weapons unless @ @ @ @ @ @ @ charge .
After the injunction was issued , Alameda County Sheriff Gregory Ahern and other local police agencies said they would no longer send officers to help Oakland during protests because the injunction limited their ability to protect officers and do their job .
Earlier this month , Oakland asked Spero to alter the injunction , arguing the city could not ensure public safety during large-scale protests without assistance from the sheriff ’ s office and neighboring police departments .
On Tuesday , Spero said the mutual aid partners ’ refusal to provide @ @ @ @ @ @ @ applies to the city of Oakland .
Outside law enforcement agencies would face no consequences for using weapons or tactics banned by the court , but Spero could penalize Oakland for not informing those partners of the need to abide by Oakland ’ s policies and command structure during protests .
The stance taken by mutual aid partners “ smacks of politics , ” Spero said , but it also puts him “ in a pickle ” as he tries to find a way to ensure Oakland can get essential aid during protests @ @ @ @ @ @ @ .
Attorneys for the Anti-Police Terror Project and protesters who sued the city in June say Oakland has a duty to ensure its partners provide support , even if that means suing the Alameda County Sheriff ’ s Office and neighboring police departments for failing to provide mutual aid as required by state law .
Spero bristled at that suggestion , saying he can not order Oakland to litigate its rights against parties not before him .
“ Can you envision the order , ” Spero asked .
“ Go sue the governor @ @ @ @ @ @ @ haven ’ t provided assistance.
” Civil rights lawyer Dan Siegel urged the judge not to bow to pressure by the sheriff ’ s office to weaken an injunction aimed at preventing the kind of excessive force his clients say they were subjected to during protests in May and June .
“ The sheriff , by attempting to put pressure on the city of Oakland , is essentially putting pressure on you to alter your views on what must be done to protect the public and require policing in a constitutional manner , @ @ @ @ @ @ @ the Oakland City Attorney ’ s Office argued that although Oakland has chosen to ban certain tactics and weapons like rubber bullets , that doesn ’ t mean other police departments are violating the law by using them .
“ We can ’ t assume these other agencies ’ policies or tools are unconstitutional , ” Pereda said .
Spero considered letting mutual aid partners bring banned weapons , such as rubber bullets , to Oakland protests with the understanding that they could only use them for self-defense .
“ I ’ m @ @ @ @ @ @ @ into the field as I am about them using them , ” Spero said .
The judge proposed letting Oakland replace part of his injunction that bans the use of rubber bullets and other tactics “ except in exigent circumstances ” with merely abiding by Oakland ’ s existing policy , which bans the use of certain weapons and tactics “ if possible.
” Spero said Oakland would need to document its efforts to obtain mutual aid partners under the stricter language of the injunction and demonstrate why it needs to switch to @ @ @ @ @ @ @ to protect public safety .
The judge gave the city and plaintiffs until 5 p.m. Wednesday to reach an agreement on language for a modified injunction , saying he will issue his own order on Thursday if no agreement is reached .
Both parties asked the judge to resolve the dispute in time for Oakland to prepare for potential demonstrations on election night , Nov. 3 .
Civil rights lawyers also asked Spero to fine the city $ 100,000 for violating the injunction during protests in August and September , and to ban @ @ @ @ @ @ @ Earlier this month , protesters claimed police fired smoke grenades directly into crowds without warning , hitting at least one protester in the head , and crowded demonstrators into tight spaces without routes of escape in violation of the court order .
They also claim officers were not wearing face masks as required by the injunction .
Spero took the arguments under submission .

A federal judge offered to tweak an injunction against the Oakland Police Department Tuesday after the city’s policing partners refused to provide aid during protests unless restrictions on tear gas and rubber bullets were lifted.
SAN FRANCISCO (CN) — A federal judge offered to tweak an injunction against the Oakland Police Department Tuesday after the city’s policing partners refused to provide aid during protests unless restrictions on tear gas and rubber bullets were lifted.
“On one hand I insist when you do policing, you do it with certain constitutional norms,” U.S. Magistrate Judge Joseph Spero said during a virtual court hearing Tuesday. “On the other hand, I can’t be blind to the fact that mutual aid partners are saying no.”
Three months ago, Spero issued a preliminary injunction barring Oakland police from using rubber bullets and limiting the use of tear gas and flash-bang grenades to only when necessary to protect people or property after verbal warnings are given and when other techniques have failed to eliminate the threat.
The injunction also requires Oakland to abide by its 2013 crowd control policy, which requires it to brief mutual aid partners on what weapons are banned by city policy, such as rubber bullets, and to ensure law enforcement partners agree not to use less-lethal weapons unless authorized by the Oakland police commander in charge.
After the injunction was issued, Alameda County Sheriff Gregory Ahern and other local police agencies said they would no longer send officers to help Oakland during protests because the injunction limited their ability to protect officers and do their job.
Earlier this month, Oakland asked Spero to alter the injunction, arguing the city could not ensure public safety during large-scale protests without assistance from the sheriff’s office and neighboring police departments.
On Tuesday, Spero said the mutual aid partners’ refusal to provide aid confused him because his injunction only applies to the city of Oakland. Outside law enforcement agencies would face no consequences for using weapons or tactics banned by the court, but Spero could penalize Oakland for not informing those partners of the need to abide by Oakland’s policies and command structure during protests.
The stance taken by mutual aid partners “smacks of politics,” Spero said, but it also puts him “in a pickle” as he tries to find a way to ensure Oakland can get essential aid during protests while protecting demonstrators’ First Amendment rights.
Attorneys for the Anti-Police Terror Project and protesters who sued the city in June say Oakland has a duty to ensure its partners provide support, even if that means suing the Alameda County Sheriff’s Office and neighboring police departments for failing to provide mutual aid as required by state law.
Spero bristled at that suggestion, saying he cannot order Oakland to litigate its rights against parties not before him.
“Can you envision the order,” Spero asked. “Go sue the governor or go sue the sheriff because they haven’t provided assistance.”
Civil rights lawyer Dan Siegel urged the judge not to bow to pressure by the sheriff’s office to weaken an injunction aimed at preventing the kind of excessive force his clients say they were subjected to during protests in May and June.
“The sheriff, by attempting to put pressure on the city of Oakland, is essentially putting pressure on you to alter your views on what must be done to protect the public and require policing in a constitutional manner,” Siegel said.
David Pereda of the Oakland City Attorney’s Office argued that although Oakland has chosen to ban certain tactics and weapons like rubber bullets, that doesn’t mean other police departments are violating the law by using them.
“We can’t assume these other agencies’ policies or tools are unconstitutional,” Pereda said.
Spero considered letting mutual aid partners bring banned weapons, such as rubber bullets, to Oakland protests with the understanding that they could only use them for self-defense.
“I’m not so worried about them bringing them into the field as I am about them using them,” Spero said.
The judge proposed letting Oakland replace part of his injunction that requires it to ensure mutual aid partners do not use rubber bullets and other banned tactics “except in exigent circumstances” with merely abiding by Oakland’s existing policy, which bans the use of certain weapons and tactics “if possible.”
Spero said Oakland would need to document its efforts to obtain mutual aid partners under the stricter language of the injunction and demonstrate why it needs to switch to a looser standard to obtain adequate personnel to protect public safety.
The judge gave the city and plaintiffs until 5 p.m. Wednesday to reach an agreement on language for a modified injunction, saying he will issue his own order on Thursday if no agreement is reached. Both parties asked the judge to resolve the dispute in time for Oakland to prepare for potential demonstrations on election night, Nov. 3.
Judge Spero issued an amended injunction Wednesday after both sides told him they could not agree on language for a modification. The amended injunction makes clear that officers can still use “reasonable or necessary force as allowed by law” in self defense or defense of another person.
It also allows OPD to obtain mutual aid partners pursuant to the terms of its 2013 crowd control policy if it cannot get enough mutual aid officers under the stricter terms of the court's injunction. The chief must file a report within two days after a protest to justify the need for obtaining mutual aid under the looser standard.
Civil rights lawyers also asked Spero to fine the city $100,000 for violating the injunction during protests in August and September, and to ban the city from using smoke grenades.
Earlier this month, protesters claimed police fired smoke grenades directly into crowds without warning, hitting at least one protester in the head, and crowded demonstrators into tight spaces without routes of escape in violation of the court order. They also claim officers were not wearing face masks as required by the injunction.
Spero took the arguments under submission.


Holey Ground

STURGIS , S.D .
— South Dakota homeowners accuse the state of failing to tell them their properties had been @ @ @ @ @ for years , an activity that turned the land into unstable Swiss cheese and has @ @ @ @ @


Bunny Business

LOS ANGELES — Playboy complains “ fast-fashion ” clothier Fashion Nova is selling knockoffs of Playboy ’ s trademarked “ @ @ @ @ @ website , just in time for the Halloween parties no one really should be having @ @ @ @


courthousenews--2020-10-28--Supreme Court Keeps North Carolina Extended Ballot Deadline in Place

WASHINGTON ( CN ) — The Supreme Court ruled Wednesday to keep in place an extended deadline for tallying absentee ballots in North Carolina .
The Fourth Circuit also denied a challenge from the Trump campaign last week to whittle the deadline extension from nine days after the election to three .
Without explanation , Chief Justice John Roberts denied cutting the deadline down , with Justice Clarence Thomas noting he would grant the application .
Justice Amy Coney Barrett also is noted as taking no part in the consideration of the application .
Justice Neil Gorsuch , joined by @ @ @ @ @ @ @ denial , noting just two days ago the court struck down a similar dispute involving the Wisconsin Legislature ’ s extension of mail-in ballot deadlines .
“ The Seventh Circuit stayed that ruling , and we agreed with its disposition , ” Gorsuch wrote .
“ For many of the same reasons I believe that decision was correct , I believe we should stay the Board ’ s action here.
” Gorsuch writes , in his view , state law only gives the election board power for interim rules but that delegation of @ @ @ @ @ @ @ , or when invalidated by state court .
It was not “ a blank check ” for the state ’ s board to rewrite election code , he wrote .
“ Such last-minute changes by largely unaccountable bodies , too , invite confusion , risk altering election outcomes , and in the process threaten voter confidence in the results , ” Gorsuch wrote .
The issue first arose this August , with North Carolina Alliance for Retired Americans filing a lawsuit against the elections board over the three-day requirement .
The board voted @ @ @ @ @ @ @ days and settled the dispute .
When the state court approved the settlement , North Carolina Speaker of the House Tim Moore , a Republican , sued , arguing the Constitution entrusted the state Legislature alone with regulating the elections , not the state ’ s board of elections .
The board had circumvented the state General Assembly ’ s authority through the board ’ s extension , he argued .
North Carolina Republicans took their case to the state ’ s appellate court while awaiting a decision on Moore ’ s challenge @ @ @ @ @ @ @ reversed , following an order from the federal court denying it .
They appealed to the Fourth Circuit .
In a reply brief to the high court , Bobby Burchfield , a King & Spalding attorney representing challengers to the extension , argues similarly to Moore .
“ This case is part of a calculated strategy to enlist the courts in a scheme to usurp the constitutional authority of the people ’ s elected representatives and impose partisan election rules , ” the brief states .
Ryan Park , an attorney representing North @ @ @ @ @ @ @ notes in his brief to the court , the state has extended the deadline for tallying absentee ballots twice in the past three years after hurricanes hit the state ’ s coast .
Mail-in ballots additionally need more time to arrive and be counted in an exasperated postal system due to the Covid-19 pandemic , they argue .
“ As of October 22 , more than 1,420,665 North Carolina voters had requested absentee ballots for the 2020 General Elections ( compared to 220,058 requests at this time in 2016 ) , ” the @ @ @

The Supreme Court ruled Wednesday to keep in place an extended deadline for tallying absentee ballots in North Carolina.
WASHINGTON (CN) — The Supreme Court ruled Wednesday to keep in place an extended deadline for tallying absentee ballots in North Carolina.
The Fourth Circuit also denied a challenge from the Trump campaign last week to whittle the deadline extension from nine days after the election to three. Without explanation, Chief Justice John Roberts denied cutting the deadline down, with Justice Clarence Thomas noting he would grant the application.
Justice Amy Coney Barrett also is noted as taking no part in the consideration of the application.
Justice Neil Gorsuch, joined by Justice Samuel Alito, dissented from the denial, noting just two days ago the court struck down a similar dispute involving the Wisconsin Legislature’s extension of mail-in ballot deadlines.
“The Seventh Circuit stayed that ruling, and we agreed with its disposition,” Gorsuch wrote. “For many of the same reasons I believe that decision was correct, I believe we should stay the Board’s action here.”
Gorsuch writes, in his view, state law only gives the election board power for interim rules but that delegation of rules is only triggered under specific circumstances, or when invalidated by state court. It was not “a blank check” for the state’s board to rewrite election code, he wrote.
“Such last-minute changes by largely unaccountable bodies, too, invite confusion, risk altering election outcomes, and in the process threaten voter confidence in the results,” Gorsuch wrote.
The issue first arose this August, with North Carolina Alliance for Retired Americans filing a lawsuit against the elections board over the three-day requirement. The board voted in September to extend the deadline six days and settled the dispute.
When the state court approved the settlement, North Carolina Speaker of the House Tim Moore, a Republican, sued, arguing the Constitution entrusted the state Legislature alone with regulating the elections, not the state’s board of elections. The board had circumvented the state General Assembly’s authority through the board’s extension, he argued.
North Carolina Republicans took their case to the state’s appellate court while awaiting a decision on Moore’s challenge. That appeal was granted but later reversed, following an order from the federal court denying it. They appealed to the Fourth Circuit.
In a reply brief to the high court, Bobby Burchfield, a King & Spalding attorney representing challengers to the extension, argues similarly to Moore.
“This case is part of a calculated strategy to enlist the courts in a scheme to usurp the constitutional authority of the people’s elected representatives and impose partisan election rules,” the brief states.
Ryan Park, an attorney representing North Carolina’s Board of Elections, notes in his brief to the court, the state has extended the deadline for tallying absentee ballots twice in the past three years after hurricanes hit the state’s coast. Mail-in ballots additionally need more time to arrive and be counted in an exasperated postal system due to the Covid-19 pandemic, they argue.
“As of October 22, more than 1,420,665 North Carolina voters had requested absentee ballots for the 2020 General Elections (compared to 220,058 requests at this time in 2016),” the brief states.


courthousenews--2020-10-28--California Courts Covid Update

California Courts Covid Update

Click to share on Twitter ( Opens in new window )


Top Eight

Your Wednesday night briefing from the staff of Courthouse News Top eight CNS stories for today including Hurricane Zeta made landfall on the southern tip of Louisiana as a Category 2 storm ; Some 16 million acres representing one of the world ’ s largest preserved temperate rainforests will soon be open to logging ; Markets tanked again as coronavirus cases skyrocket , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your inbox Monday through Friday .
1 . )
Some 16 million acres representing @ @ @ @ @ @ @ preserved temperate rainforests will soon be open to logging following a Wednesday announcement from the Trump administration .
2 . )
Two American citizens are among the five people arrested Wednesday morning , on the east and west coasts , charged with conspiring to help the Chinese government stalk , threaten and extradite a New Jersey resident .
3 . )
Two days after one of the worst routs in months , markets again tanked as coronavirus cases skyrocket and several states report hospitals nearing or over capacity .
4 . )
A @ @ @ @ @ @ @ Biden with a huge 17-point lead over President Donald Trump in Wisconsin and a smaller 7-point advantage in Michigan .
5 . )
Hurricane Zeta made landfall Wednesday afternoon on the southern tip of Louisiana , with top winds falling just below the threshold for a Category 3 storm .
6 . )
Using an old playbook of last-minute political chicanery updated with a modern faux-news segment , the right wing of American politics has launched a smear attack on former space shuttle commander Mark Kelly — who is returning fire .
7 @ @ @ @ @ @ @ rejected a second attempt by Pennsylvania Republicans to block an extended deadline for the state to tally absentee ballots .
8 . )
German highway tolls are too high , the EU ’ s high court ruled Wednesday , calling out the country ’ s inclusion of policing costs in autobahn fees .

Top eight CNS stories for today including Hurricane Zeta made landfall on the southern tip of Louisiana as a Category 2 storm; Some 16 million acres representing one of the world’s largest preserved temperate rainforests will soon be open to logging; Markets tanked again as coronavirus cases skyrocket, and more.
Your Wednesday night briefing from the staff of Courthouse News
Top eight CNS stories for today including Hurricane Zeta made landfall on the southern tip of Louisiana as a Category 2 storm; Some 16 million acres representing one of the world’s largest preserved temperate rainforests will soon be open to logging; Markets tanked again as coronavirus cases skyrocket, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) Some 16 million acres representing one of the world’s largest preserved temperate rainforests will soon be open to logging following a Wednesday announcement from the Trump administration.
CC BY-SA 2.0 via Courthouse News
2.) Two American citizens are among the five people arrested Wednesday morning, on the east and west coasts, charged with conspiring to help the Chinese government stalk, threaten and extradite a New Jersey resident.
A federal complaint against against members of a secret Chinese task force called Operation Fox Hunt includes these photo 24-year-old Zheng Congying and other evidence. (USAO via Courthouse News)
3.) Two days after one of the worst routs in months, markets again tanked as coronavirus cases skyrocket and several states report hospitals nearing or over capacity.
FILE - In this Oct. 18, 2020, file photo, people walk by outdoor plastic dining bubbles on Fulton Market in Chicago. The United States is approaching a record for the number of new daily coronavirus cases in the latest ominous sign about the disease's grip on the nation. (AP Photo/Nam Y. Huh, File)
4.) A poll released Wednesday shows Democratic candidate Joe Biden with a huge 17-point lead over President Donald Trump in Wisconsin and a smaller 7-point advantage in Michigan.
Democratic presidential candidate former Vice President Joe Biden speaks at Wisconsin Aluminum Foundry in Manitowoc, Wis., Monday, Sept. 21, 2020. (AP Photo/Carolyn Kaster)
Regional
5.) Hurricane Zeta made landfall Wednesday afternoon on the southern tip of Louisiana, with top winds falling just below the threshold for a Category 3 storm.
Palm trees are buffeted by the winds of Hurricane Zeta in Playa del Carmen, Mexico, on Oct. 27, 2020. (AP Photo/Tomas Stargardter)
6.) Using an old playbook of last-minute political chicanery updated with a modern faux-news segment, the right wing of American politics has launched a smear attack on former space shuttle commander Mark Kelly — who is returning fire.
NASA astronaut Mark Kelly and wife and former congresswoman Gabby Giffords at an event in Tucson, Arizona, in 2016. (Gage Skidmore via Wikipedia)
7.) The Supreme Court on Wednesday rejected a second attempt by Pennsylvania Republicans to block an extended deadline for the state to tally absentee ballots.
A worker processes mail-in ballots at the Bucks County Board of Elections office in Doylestown, Pa., on May 27, 2020, prior to the primary election. (AP Photo/Matt Slocum, File)
International
8.) German highway tolls are too high, the EU’s high court ruled Wednesday, calling out the country’s inclusion of policing costs in autobahn fees.


courthousenews--2020-10-28--US More Divided Over Covid-19 Than Other Major Countries

( CN ) — Regardless of political affiliation , most Americans believe the country is more divided now than before the coronavirus outbreak .
But citizens of 12 other advanced nations are more inclined to see the virus as a unifying force , according to a new Pew Research Center survey .
From early June into August , Pew researchers did phone interviews with thousands of adults from the U.S. , Canada , Belgium , Denmark , France , Germany , Italy , the Netherlands , Spain , Sweden , the United Kingdom , Australia and Japan .
Though the @ @ @ @ @ @ @ from widespread testing , contact tracing and lockdowns in many European countries to Sweden ’ s hands-off approach in which it kept schools open and let businesses carry on as usual , none have been spared by Covid-19 , the disease caused by the novel coronavirus , which has killed more than 1 million people worldwide .
In the U.S. , many Republicans believe the threat of Covid-19 is not as bad as it is portrayed by the media and masks do nothing to prevent its spread .
President Donald Trump did not @ @ @ @ @ @ @ until July 12 after the disease already killed 135,000 Americans .
Now with the number of Americans victims above 227,000 , Trump is flying all over the country holding campaign rallies where many attendees are not wearing masks .
Despite the U.S. death toll , the Pew researchers found about three-quarters of Republicans and Republican-leaning independents said the U.S. had done a good job handling the crisis , compared with 29 % of those who do not support the Trump administration .
That tracks with results from the other 12 countries surveyed , @ @ @ @ @ @ @ countries were more likely to say their country had done a good job handling the virus than people who do not support the governing coalition .
But the 47 % gap in the U.S. was the highest of all the countries .
In Australia and Denmark , by contrast , over 90 % of respondents said their country had done well dealing with the pandemic and there was only a 5 % gap in opinion between supporters and opponents of the governing party .
Throughout 2020 , numerous Pew studies have found deep @ @ @ @ @ @ @ study was no different , but it did find some common ground among Americans : No matter the political affiliation , most Americans believe the pandemic worsened divisions .
“ Large majorities of both groups say the U.S. is now more divided than before the coronavirus outbreak , ” the Pew report states .
“ This is in stark contrast to most of the other countries surveyed , though consistent with past findings in the U.S. showing broad pessimism about the country ’ s divisions.
” Just 18 % of Americans from each @ @ @ @ @ @ @ than before the pandemic .
By comparison , more than half of all citizens in Sweden , Canada and Denmark said they are more united .
Trump ’ s Democratic presidential opponent Joe Biden is trying to win over voters by focusing on what he calls Trump ’ s disastrous handling of the pandemic .
Biden says if elected president , he will ask every governor to make mask wearing mandatory , citing experts who say if 95 % of Americans wear masks between now and December it will save 70,000 lives .
@ @ @ @ @ @ @ farmer who lives in West Bend , near Milwaukee , recently told National Public Radio he believes Trump has handled the pandemic the best he could and he respects the president for giving states leeway to tailor their own response .
“ Because it shouldn ’ t be a one-size-fits-all approach , ” he said .
Autumn has brought a spike of cases to Europe , where many countries have put restrictions on large gatherings and are mulling another round of lockdowns after such measures stretching from spring into summer helped them get @ @ @ @ @ @ @ manage .
The U.S. too is also moving in the wrong direction with outbreaks popping up across the Midwest and in Texas , where officials in El Paso recently set up a field hospital for Covid-19 patients .
As of Monday , 41 % of the region ’ s hospital beds were occupied by people stricken with the disease .

Regardless of political affiliation, most Americans believe the country is more divided now than before the coronavirus outbreak. But citizens of 12 other advanced nations are more inclined to see the virus as a unifying force, according to a new Pew Research Center survey.
(CN) — Regardless of political affiliation, most Americans believe the country is more divided now than before the coronavirus outbreak. But citizens of 12 other advanced nations are more inclined to see the virus as a unifying force, according to a new Pew Research Center survey.
From early June into August, Pew researchers did phone interviews with thousands of adults from the U.S., Canada, Belgium, Denmark, France, Germany, Italy, the Netherlands, Spain, Sweden, the United Kingdom, Australia and Japan.
Though the countries’ responses have run the gamut from widespread testing, contact tracing and lockdowns in many European countries to Sweden’s hands-off approach in which it kept schools open and let businesses carry on as usual, none have been spared by Covid-19, the disease caused by the novel coronavirus, which has killed more than 1 million people worldwide.
In the U.S., many Republicans believe the threat of Covid-19 is not as bad as it is portrayed by the media and masks do nothing to prevent its spread.
President Donald Trump did not don a mask for a public appearance until July 12 after the disease already killed 135,000 Americans. Now with the number of Americans victims above 227,000, Trump is flying all over the country holding campaign rallies where many attendees are not wearing masks.
Despite the U.S. death toll, the Pew researchers found about three-quarters of Republicans and Republican-leaning independents said the U.S. had done a good job handling the crisis, compared with 29% of those who do not support the Trump administration.
That tracks with results from the other 12 countries surveyed, as governing party supporters in all 13 countries were more likely to say their country had done a good job handling the virus than people who do not support the governing coalition.
But the 47% gap in the U.S. was the highest of all the countries. In Australia and Denmark, by contrast, over 90% of respondents said their country had done well dealing with the pandemic and there was only a 5% gap in opinion between supporters and opponents of the governing party.
Throughout 2020, numerous Pew studies have found deep partisan divides in the U.S.
This chart shows how residents of 13 countries feel about the Covid-19 pandemic’s impact on national unity. (Pew Research Center)
This study was no different, but it did find some common ground among Americans: No matter the political affiliation, most Americans believe the pandemic worsened divisions.
“Large majorities of both groups say the U.S. is now more divided than before the coronavirus outbreak,” the Pew report states. “This is in stark contrast to most of the other countries surveyed, though consistent with past findings in the U.S. showing broad pessimism about the country’s divisions.”
Just 18% of Americans from each party said the country is more united than before the pandemic. By comparison, more than half of all citizens in Sweden, Canada and Denmark said they are more united.
Trump’s Democratic presidential opponent Joe Biden is trying to win over voters by focusing on what he calls Trump’s disastrous handling of the pandemic.
Biden says if elected president, he will ask every governor to make mask wearing mandatory, citing experts who say if 95% of Americans wear masks between now and December it will save 70,000 lives.
Rick Roden, a 34-year-old Republican dairy farmer who lives in West Bend, near Milwaukee, recently told National Public Radio he believes Trump has handled the pandemic the best he could and he respects the president for giving states leeway to tailor their own response.
“Because it shouldn’t be a one-size-fits-all approach,” he said.
Autumn has brought a spike of cases to Europe, where many countries have put restrictions on large gatherings and are mulling another round of lockdowns after such measures stretching from spring into summer helped them get cases to a level their hospitals could manage.
The U.S. too is also moving in the wrong direction with outbreaks popping up across the Midwest and in Texas, where officials in El Paso recently set up a field hospital for Covid-19 patients. As of Monday, 41% of the region’s hospital beds were occupied by people stricken with the disease.