courthousenews--2020-11-11--LA County Supervisors Will Explore Options For Removing Sheriff

LOS ANGELES ( CN ) — A divided Los Angeles County Board of Supervisors voted Tuesday to look into options for removing Sheriff Alex Villanueva , the law enforcement leader who had promised to reform a department fraught with misconduct and police gang scandals .
Since being elected in 2018 , Villanueva has sparked feuds with county leaders over budget issues , over his decision to rehire officers previously fired for misconduct and for impeding oversight of his department ’ s investigations of fatal shootings by its officers .
Villanueva implemented some significant reforms , including reducing the county ’ @ @ @ @ @ @ @ and installing body-worn cameras on some officers , but he also fired constitional policing advisors brought under the former sheriff to review police misconduct and use of force cases for potential disciplinary action .
Villanueva selected new investigators .
The sheriff has said the county ’ s inspector general and police oversight panel are politically motivated and that its members have conflicts of interest because they engage with police accountability groups .
Accountability over his department is the duty of county voters , Villanueva has said , adding that voters who disapprove of @ @ @ @ @ @ @ process or vote him out when he ’ s up for reelection in 2022 .
Addressing the board Tuesday before the vote , Villanueva said “ false information ” has obscured his record in office and said supervisors should heed this week ’ s advice from President-elect Joe Biden and “ work together ” with the sheriff , not demonize him .
“ We are following through on transparency , ” Villanueva told the board .
“ All we ask for is a fair and objective process.
” But the board voted 3–2 @ @ @ @ @ @ @ Kuehl ’ s motion directing officials to examine all necessary changes to county law to remove or impeach Villanueva .
“ The need for mechanisms to hold an elected sheriff accountable is painfully obvious today , at a time when communities across the county are reeling from violence — including much-too-frequent deputy involved shootings , ” the motion said .
Gone are the “ wild west ” days of the 19th century when sheriffs acted with impunity and rivaled bandits in their flouting of the law , Ridley-Thomas said during Tuesday ’ s @ @ @ @ @ @ @ model fit for the current era : one where Villanueva can ’ t evade accountability by proclaiming himself accountable only to voters every four years , Ridley-Thomas said .
“ We hold a popularity contest every four years for the most important law enforcement office in the county , ” Ridley-Thomas said .
“ We have the illusion of democracy.
” The motion calls for exploring whether supervisors can create their own “ municipal force ” and appoint a county sheriff , a model ostensibly designed to give the board direct oversight and @ @ @ @ @ @ @ Carrillo , executive director of the California Constitution Center , said in a statement the state constitution is clear on county officials ’ authority over the sheriff .
“ As a charter county , Los Angeles has express constitutional power to amend its charter to provide removal procedures for elected county officers like its sheriff , ” Carrillo said .
“ But the state constitution requires sheriffs to be elected — not appointed — and a board of supervisors can not interfere with a sheriff ’ s independent investigative function.
” Ridley-Thomas , @ @ @ @ @ @ @ the LA City Council , said the motion isn ’ t seeking to “ supplant ” residents ’ ability to elect or vote out officials .
Before voting against the measure Tuesday , Supervisors Janice Hahn , a Democrat , and Kathryn Barger , a Republican , expressed concern that the board ’ s action would do just that : “ undermine ” both democracy and the electorate ’ s long history of choosing its sheriff .
“ I don ’ t think it ’ s our job to remove an elected official @ @ @ @ @ @ @ adding that the county ’ s 10 million residents won ’ t like officials taking away their ability to vote out or reelect Villanueva .
Barger said that while she doesn ’ t agree with all of Villanueva ’ s decisions , she prefers to continue seeking compliance from the sheriff .
“ We can not make long term policy decisions based on short term personalities , ” Barger said .
An amendment by Supervisor Hilda Solis , who voted in favor of the motion , will push release of the report to @ @ @ @ @ @ @ current state senator Holly Mitchell can review it as a member of the county ’ s first all-female board .
Villanueva did not immediately respond to a request for comment after the vote .
Andres Kwon , an attorney with the American Civil Liberties Union of Southern California , said in a statement he supports the board ’ s action .
“ Sheriff Villanueva represents a clear and present danger to civil liberties , ” Kwon said .
“ Today ’ s motion by the board is a step forward in validating the @ @ @ @ @ @ @ s resignation and a charter amendment that would endow the board with the power to impeach and remove a sheriff for violating public trust.
” The board ’ s action Tuesday comes one month after the county ’ s Civilian Oversight Commission voted unanimously to demand Villanueva ’ s resignation .
Members of commission said last month the sheriff ’ s obstruction of accountability and reform efforts and his inability to rid the department of deputy gangs have impeded standard oversight .
Earlier this year , after Villanueva refused to personally update the @ @ @ @ @ @ @ the county jail population from Covid-19 , the sheriff then ignored a subpoena from the commission , which later sued to enforce it .

A divided Los Angeles County Board of Supervisors voted Tuesday to explore options for removing Sheriff Alex Villanueva, the law enforcement leader who had promised to reform a department fraught with misconduct and police gang scandals.
LOS ANGELES (CN) — A divided Los Angeles County Board of Supervisors voted Tuesday to look into options for removing Sheriff Alex Villanueva, the law enforcement leader who had promised to reform a department fraught with misconduct and police gang scandals.
Since being elected in 2018, Villanueva has sparked feuds with county leaders over budget issues, over his decision to rehire officers previously fired for misconduct and for impeding oversight of his department’s investigations of fatal shootings by its officers.
Villanueva implemented some significant reforms, including reducing the county’s ties to federal immigration enforcement policy and installing body-worn cameras on some officers, but he also fired constitional policing advisors brought under the former sheriff to review police misconduct and use of force cases for potential disciplinary action. Villanueva selected new investigators.
The sheriff has said the county’s inspector general and police oversight panel are politically motivated and that its members have conflicts of interest because they engage with police accountability groups.
Accountability over his department is the duty of county voters, Villanueva has said, adding that voters who disapprove of his actions can either initiate a recall process or vote him out when he’s up for reelection in 2022.
Addressing the board Tuesday before the vote, Villanueva said “false information” has obscured his record in office and said supervisors should heed this week’s advice from President-elect Joe Biden and “work together” with the sheriff, not demonize him.
“We are following through on transparency,” Villanueva told the board. “All we ask for is a fair and objective process.”
But the board voted 3–2 to approve Supervisors Mark Ridley-Thomas and Sheila Kuehl’s motion directing officials to examine all necessary changes to county law to remove or impeach Villanueva.
“The need for mechanisms to hold an elected sheriff accountable is painfully obvious today, at a time when communities across the county are reeling from violence — including much-too-frequent deputy involved shootings,” the motion said.
Gone are the “wild west” days of the 19th century when sheriffs acted with impunity and rivaled bandits in their flouting of the law, Ridley-Thomas said during Tuesday’s meeting.
LA County requires a governance model fit for the current era: one where Villanueva can’t evade accountability by proclaiming himself accountable only to voters every four years, Ridley-Thomas said.
“We hold a popularity contest every four years for the most important law enforcement office in the county,” Ridley-Thomas said. “We have the illusion of democracy.”
The motion calls for exploring whether supervisors can create their own “municipal force” and appoint a county sheriff, a model ostensibly designed to give the board direct oversight and authority over county police.
David A. Carrillo, executive director of the California Constitution Center, said in a statement the state constitution is clear on county officials’ authority over the sheriff.
“As a charter county, Los Angeles has express constitutional power to amend its charter to provide removal procedures for elected county officers like its sheriff,” Carrillo said. “But the state constitution requires sheriffs to be elected — not appointed — and a board of supervisors cannot interfere with a sheriff’s independent investigative function.”
Ridley-Thomas, who won his election this month to the LA City Council, said the motion isn’t seeking to “supplant” residents’ ability to elect or vote out officials.
Before voting against the measure Tuesday, Supervisors Janice Hahn, a Democrat, and Kathryn Barger, a Republican, expressed concern that the board’s action would do just that: “undermine” both democracy and the electorate’s long history of choosing its sheriff.
“I don't think it's our job to remove an elected official,” Hahn told her colleagues, adding that the county’s 10 million residents won’t like officials taking away their ability to vote out or reelect Villanueva.
Barger said that while she doesn’t agree with all of Villanueva’s decisions, she prefers to continue seeking compliance from the sheriff.
“We cannot make long term policy decisions based on short term personalities,” Barger said.
An amendment by Supervisor Hilda Solis, who voted in favor of the motion, will push release of the report to Jan. 5, 2021 when Supervisor-elect and current state senator Holly Mitchell can review it as a member of the county’s first all-female board.
Villanueva did not immediately respond to a request for comment after the vote.
Andres Kwon, an attorney with the American Civil Liberties Union of Southern California, said in a statement he supports the board’s action.
“Sheriff Villanueva represents a clear and present danger to civil liberties,” Kwon said. “Today’s motion by the board is a step forward in validating the community’s call for Villanueva’s resignation and a charter amendment that would endow the board with the power to impeach and remove a sheriff for violating public trust.”
The board’s action Tuesday comes one month after the county’s Civilian Oversight Commission voted unanimously to demand Villanueva’s resignation.
Members of commission said last month the sheriff’s obstruction of accountability and reform efforts and his inability to rid the department of deputy gangs have impeded standard oversight.
Earlier this year, after Villanueva refused to personally update the Civilian Oversight Commission on measures to protect the county jail population from Covid-19, the sheriff then ignored a subpoena from the commission, which later sued to enforce it.
The matter remains pending in LA County Superior Court.


courthousenews--2020-11-11--Martin Jenkins Confirmed to  California’s High Court

SAN FRANCISCO ( CN ) — A rare atmosphere of joy and celebration pervaded the courtroom in the Earl Warren Building on Tuesday , as Justice Martin Jenkins was unanimously confirmed to the California Supreme Court by the Commission on Judicial Appointments .
Jenkins will bring compassion , humility , and ethics to his new role , his supporters told the commission .
He also brings decades of judicial experience , and a reputation for unflagging diligence .
“ His colleagues fondly referred to him , as did I , as the James Brown of the judiciary , ” said @ @ @ @ @ @ @ Judge Thelton Henderson .
“ The singer James Brown was known as the hardest working man in showbiz .
And Marty , we felt , was certainly the hardest working man on our court.
” “ He surely must be the most judicially experienced nominee in all of state history , ” said longtime colleague retired Justice William McGuiness .
Jenkins , a San Francisco native , will be the third African American man , and the first openly gay man , to ever serve on the state ’ s highest court .
@ @ @ @ @ @ @ , state Attorney General Xavier Becerra and First Appellate District Presiding Justice J. Anthony Kline voted 3-0 to approve his nomination .
Jenkins fills the seat vacated by Justice Ming Chin , who retired in August after a tenure that lasted 24 years .
Like his predecessor , Jenkins received a Jesuit education .
He graduated from Santa Clara University in 1977 and University of San Francisco School of Law in 1980 .
In the years between college and law school , Jenkins had a short stint as a rookie cornerback with the @ @ @ @ @ @ @ he worked as a prosecutor with the Alameda County District Attorney ’ s office , where he met McGuiness .
He was hired after then-District Attorney D. Lowell Jensen launched a groundbreaking effort to diversify the office by actively recruiting at law schools .
“ The Alameda County District Attorney ’ s office was the first in the country to interview at law schools to diversity that office in the late 70s .
It was unheard of and without that program I wouldn ’ t be here today , ” Jenkins said .
@ @ @ @ @ @ @ lawyer for the U.S. Department of Justice , prosecuting police misconduct and hate crimes by white supremacist groups .
In 1989 , Governor George Deukmejian appointed him to the municipal bench in Oakland , then he came to the Alameda County Superior Court following an appointment by Governor Pete Wilson .
In 1992 President Bill Clinton made him a federal judge of the Northern District of California , a position he held until 2008 when he returned to the state court as a justice with the First District Court of Appeal .
He @ @ @ @ @ @ @ .
“ At the time such change in career direction from the federal court to the state court was considered by some federal judges of the northern district to be not only unconventional but controversial , ” McGuiness said .
“ Personally it was speculated that I may have played a role in conspiring to lure if not steal him from the federal bench .
I deny that allegation .
It was never proven , ” he joked .
“ And the fact that now Justice Jenkins was appointed to division three of @ @ @ @ @ @ @ as the presiding justice and was assigned to the chambers immediately next to mine are circumstantial at best.
” Commission member Kline , another of Jenkins ’ judicial colleagues , remarked that Jenkins ’ nomination comes at a volatile time for judicial independence .
“ There has never been a time like today in which the rule of law has been challenged at the highest levels of our government , ” he observed .
“ There has to be at the highest judicial level in this state a voice , an articulate voice @ @ @ @ @ @ @ going to see challenges to the independence of not just the trial courts in elections , but the politicization of the appellate courts.
” He told Jenkins , “ You ’ re extremely eloquent .
You have a voice and we ’ re approaching a time when that voice is going to be needed.
” Jenkins and his colleagues made it clear that he didn ’ t take the Supreme Court position for plaudits or prestige .
McGuiness said Jenkins ’ credibility and the respect he ’ s earned from his community comes @ @ @ @ @ @ @ , but his authenticity and “ living his truth about being African American and gay.
” “ Justice Martin Jenkins knows and will not forget what it means to struggle and be an outsider , ” McGuiness said .
Jenkins said it took him nearly four days to accept after Governor Newsom informed him that he intended to nominate him to the highest court in the state .
In keeping with the new standard for communication in the Covid-19 era , Jenkins took Newsom ’ s call over Zoom .
When it was @ @ @ @ @ @ @ , and could see from over the City Hall rotunda , the hospital where he was born .
“ I had a rare opportunity not many people get , to see just how far I had come in that very moment , from that hospital to the nomination that brings me before you today , ” Jenkins said Tuesday .
“ I took the time to ensure myself that this wasn ’ t about me .
It ’ s not about me elevating myself to some lofty perch .
I felt that I @ @ @ @ @ @ @ , that I had a voice to add to the discussion , that might be absent , not better , just different .
And ultimately , being a man of faith I felt this was a calling and I ’ ve never once refused the call of service.
” Indeed , Jenkins spent less time on his own achievements at Tuesday ’ s hearing than he did thanking his colleagues , mentors and family members .
“ The speakers were extraordinary and in some ways hard to listen to , because who can @ @ @ @ @ @ @ fact is , they are that good , ” Jenkins said .
He saved his partner Sydney Shand , for last .
“ I ’ ve gotten to do everything that I wanted to in my life , everything .
Not when I wanted to but in God ’ s time I ’ ve got to do it .
But the one thing that eluded me was a relationship , in part because of the struggle I had in accepting who I was , ” Jenkins said .
“ And I had so @ @ @ @ @ @ @ , caring supportive relationships .
There was a period in time when I said myself ‘ Well , I ’ ve been blessed abundantly .
That ’ s just not going to happen for me.
’ ” “ And then Sydney showed up , ” he added .
“ And he is kind , and he is loving and he is supportive .
He provides my life with a level of balance and comfort and now I understand what people who are in loving relationships have .
I ’ ve experienced it .
@ @ @ @ @

A rare atmosphere of joy and celebration pervaded the courtroom in the Earl Warren Building on Tuesday, as Justice Martin Jenkins was unanimously confirmed to the California Supreme Court by the Commission on Judicial Appointments.
SAN FRANCISCO (CN) — A rare atmosphere of joy and celebration pervaded the courtroom in the Earl Warren Building on Tuesday, as Justice Martin Jenkins was unanimously confirmed to the California Supreme Court by the Commission on Judicial Appointments.
Jenkins will bring compassion, humility, and ethics to his new role, his supporters told the commission. He also brings decades of judicial experience, and a reputation for unflagging diligence.
“His colleagues fondly referred to him, as did I, as the James Brown of the judiciary,” said former federal colleague, retired U.S. District Judge Thelton Henderson. “The singer James Brown was known as the hardest working man in showbiz. And Marty, we felt, was certainly the hardest working man on our court.”
"He surely must be the most judicially experienced nominee in all of state history,” said longtime colleague retired Justice William McGuiness.
Jenkins, a San Francisco native, will be the third African American man, and the first openly gay man, to ever serve on the state’s highest court.
The commission comprising Chief Justice Tani Cantil-Sakauye, state Attorney General Xavier Becerra and First Appellate District Presiding Justice J. Anthony Kline voted 3-0 to approve his nomination.
Jenkins fills the seat vacated by Justice Ming Chin, who retired in August after a tenure that lasted 24 years.
Like his predecessor, Jenkins received a Jesuit education. He graduated from Santa Clara University in 1977 and University of San Francisco School of Law in 1980. In the years between college and law school, Jenkins had a short stint as a rookie cornerback with the Seattle Seahawks.
After law school, he worked as a prosecutor with the Alameda County District Attorney’s office, where he met McGuiness.
He was hired after then-District Attorney D. Lowell Jensen launched a groundbreaking effort to diversify the office by actively recruiting at law schools.
“The Alameda County District Attorney’s office was the first in the country to interview at law schools to diversify that office in the late 70s. It was unheard of and without that program I wouldn't be here today,” Jenkins said.
He later worked as a civil rights lawyer for the U.S. Department of Justice, prosecuting police misconduct and hate crimes by white supremacist groups.
In 1989, Governor George Deukmejian appointed him to the municipal bench in Oakland, then he came to the Alameda County Superior Court following an appointment by Governor Pete Wilson. In 1992 President Bill Clinton made him a federal judge of the Northern District of California, a position he held until 2008 when he returned to the state court as a justice with the First District Court of Appeal. He was appointed by former Governor Arnold Schwarzenegger.
"At the time such change in career direction from the federal court to the state court was considered by some federal judges of the northern district to be not only unconventional but controversial,” McGuiness said.
“Personally it was speculated that I may have played a role in conspiring to lure if not steal him from the federal bench. I deny that allegation. It was never proven,” he joked. “And the fact that now Justice Jenkins was appointed to division three of the first district where I then served as the presiding justice and was assigned to the chambers immediately next to mine are circumstantial at best.”
Commission member Kline, another of Jenkins’ judicial colleagues, remarked that Jenkins’ nomination comes at a volatile time for judicial independence.
“There has never been a time like today in which the rule of law has been challenged at the highest levels of our government,” he observed. "There has to be at the highest judicial level in this state a voice, an articulate voice, because I think we're going to see challenges to the independence of not just the trial courts in elections, but the politicization of the appellate courts.”
He told Jenkins, “You’re extremely eloquent. You have a voice and we're approaching a time when that voice is going to be needed.”
Jenkins and his colleagues made it clear that he didn’t take the Supreme Court position for plaudits or prestige. McGuiness said Jenkins’ credibility and the respect he’s earned from his community comes not just from his intellect and accomplishments, but his authenticity and “living his truth about being African American and gay.”
“Justice Martin Jenkins knows and will not forget what it means to struggle and be an outsider,” McGuiness said.
Jenkins said it took him nearly four days to accept after Governor Newsom informed him that he intended to nominate him to the highest court in the state.
In keeping with the new standard for communication in the Covid-19 era, Jenkins took Newsom’s call over Zoom. When it was over, he looked out the window, and could see from over the City Hall rotunda, the hospital where he was born.
“I had a rare opportunity not many people get, to see just how far I had come in that very moment, from that hospital to the nomination that brings me before you today,” Jenkins said Tuesday.
“I took the time to ensure myself that this wasn't about me. It's not about me elevating myself to some lofty perch. I felt that I could do good work, quality work, that I had a voice to add to the discussion, that might be absent, not better, just different. And ultimately, being a man of faith I felt this was a calling and I've never once refused the call of service.”
Indeed, Jenkins spent less time on his own achievements at Tuesday’s hearing than he did thanking his colleagues, mentors and family members.
“The speakers were extraordinary and in some ways hard to listen to, because who can be that good, really? The fact is, they are that good,” Jenkins said.
He saved his partner Sydney Shand, for last.
“I've gotten to do everything that I wanted to in my life, everything. Not when I wanted to but in God's time I've got to do it. But the one thing that eluded me was a relationship, in part because of the struggle I had in accepting who I was,” Jenkins said. “And I had so many friends who have wonderful, loving, caring supportive relationships. There was a period in time when I said myself 'Well, I've been blessed abundantly. That's just not going to happen for me.’”
“And then Sydney showed up,” he added. “And he is kind, and he is loving and he is supportive. He provides my life with a level of balance and comfort and now I understand what people who are in loving relationships have. I've experienced it. Thank you Sydney.”


courthousenews--2020-11-11--Tight Presidential Race Prompts Georgia Recount

ATLANTA ( AP ) — Georgia ’ s secretary of state on Wednesday announced an audit of presidential election results that he said would be done with a full hand tally of ballots because the margin is so tight .
Secretary of State Brad Raffensperger said at a news conference that his office wants the process to begin by the end of the week and he expects it to take until Nov. 20 , which is the certification deadline .
“ It will be a heavy lift , but we will work with the counties to get this done in @ @ @ @ @ @ @ Raffensperger said , flanked by local election officials on the steps of the state Capitol .
“ We have all worked hard to bring fair and accurate counts to assure that the will of the voters is reflected in the final count and that every voter will have confidence in the outcome , whether their candidate won or lost.
” President-elect Joe Biden leads President Donald Trump by more than 14,000 votes out of nearly 5 million votes in the state .
Nearly all ballots have been counted , though counties have until @ @ @ @ @ @ @ ’ s two U.S. senators , Kelly Loeffler and David Perdue , earlier this week called on Raffensperger , a fellow Republican , to resign over unspecified claims of election mismanagement .
Both face close runoff elections in January that will determine which party controls the Senate .
Raffensperger said he wouldn ’ t step down and assured the public there had been no widespread problems .
The audit is a new requirement put in place by a law passed in 2019 that also provided for the new voting machines purchased last year @ @ @ @ @ @ @ a risk-limiting audit , in which a random sample of ballots or receipts generated by voting machines are checked against results produced by vote-tallying equipment for accuracy .
It was up to Raffensperger to choose which race to audit .
He chose the presidential race and said the tight margin means that the audit will effectively result in a full hand recount .
Asked if he chose the presidential race because of the Trump campaign ’ s call for a hand recount , Raffensperger said , “ No , we ’ re doing @ @ @ @ @ @ @ makes the most sense with the national significance of this race and the closeness of this race.
” For the audit , election officers will work with the paper ballots in batches , dividing them into piles for each candidate .
Then they will run the piles through machines to count the number of ballots for each candidate .
The scanners will not read the data on the ballots , but will simply count them .
Chris Harvey , the elections director in the secretary of state ’ s office , said the @ @ @ @ @ @ @ election officials Thursday to go over training requirements and expectations .
He said counties will likely begin the audit process that afternoon or first thing Friday morning .
Raffensperger said the process will have “ plenty of oversight , ” with both parties having the opportunity to observe .
There is no mandatory recount law in Georgia , but state law provides that option to a trailing candidate if the margin is less than 0.5 percentage points .
Biden ’ s lead stood at 0.28 percentage points as of Wednesday afternoon .
Once @ @ @ @ @ @ @ , the losing campaign can then request that recount , which will be performed by scanners that read and tally the votes , Raffensperger said .
U.S. Rep. Doug Collins , a Georgia Republican who ’ s leading Trump ’ s legal efforts in Georgia , called the upcoming audit a “ first step.
” He noted the Trump campaign had requested a hand recount .
“ This is a victory for integrity , ” Collins said .
“ This is a victory for transparency.
” Collins denied that Republican demands for greater @ @ @ @ @ @ @ politically motivated to fire up GOP voters ahead of the state ’ s two Senate runoffs Jan. 5 .
“ Look , I don ’ t think anybody in their right mind would think we don ’ t have enough attention paid on Georgia right now , ” Collins said .
“ I don ’ t think motivation or turnout is a problem in Georgia.
” The issues Trump ’ s campaign and its allies have pointed to are typical in every election : problems with signatures , as well as the potential @ @ @ @ @ @ @ or lost .
With Biden leading Trump by wide margins in key states , none of those issues would affect the election ’ s outcome .
In addition to the audit of the presidential race , Raffensperger announced that he ’ s consolidating runoff elections .
A runoff for any state races was set to be held Dec. 1 , while the runoffs for the two U.S. Senate races was set for Jan. 5 .
Raffensperger said he ’ s consolidating those runoffs on Jan. 5 .
The one exception is the runoff @ @ @ @ @ @ @ remainder of U.S. Rep. John Lewis ’ term .
That election will still be held Dec. 1 .
The person who wins that election will serve for about a month before Nikema Williams , who was just elected to succeed the late Lewis , takes office .

Tight Presidential Race Prompts Georgia Recount
ATLANTA (AP) — Georgia's secretary of state on Wednesday announced an audit of presidential election results that he said would be done with a full hand tally of ballots because the margin is so tight.
Secretary of State Brad Raffensperger said at a news conference that his office wants the process to begin by the end of the week and he expects it to take until Nov. 20, which is the certification deadline.
"It will be a heavy lift, but we will work with the counties to get this done in time for our state certification," Raffensperger said, flanked by local election officials on the steps of the state Capitol. "We have all worked hard to bring fair and accurate counts to assure that the will of the voters is reflected in the final count and that every voter will have confidence in the outcome, whether their candidate won or lost."
President-elect Joe Biden leads President Donald Trump by more than 14,000 votes out of nearly 5 million votes in the state. Nearly all ballots have been counted, though counties have until Friday to certify their results.
Georgia's two U.S. senators, Kelly Loeffler and David Perdue, earlier this week called on Raffensperger, a fellow Republican, to resign over unspecified claims of election mismanagement. Both face close runoff elections in January that will determine which party controls the Senate. Raffensperger said he wouldn't step down and assured the public there had been no widespread problems.
The audit is a new requirement put in place by a law passed in 2019 that also provided for the new voting machines purchased last year. The state has chosen to do a risk-limiting audit, in which a random sample of ballots or receipts generated by voting machines are checked against results produced by vote-tallying equipment for accuracy.
It was up to Raffensperger to choose which race to audit. He chose the presidential race and said the tight margin means that the audit will effectively result in a full hand recount.
Asked if he chose the presidential race because of the Trump campaign's call for a hand recount, Raffensperger said, "No, we're doing this because it's really what makes the most sense with the national significance of this race and the closeness of this race."
For the audit, election officers will work with the paper ballots in batches, dividing them into piles for each candidate. Then they will run the piles through machines to count the number of ballots for each candidate. The scanners will not read the data on the ballots, but will simply count them.
Chris Harvey, the elections director in the secretary of state's office, said the agency will have a call with county election officials Thursday to go over training requirements and expectations. He said counties will likely begin the audit process that afternoon or first thing Friday morning.
Raffensperger said the process will have "plenty of oversight," with both parties having the opportunity to observe.
There is no mandatory recount law in Georgia, but state law provides that option to a trailing candidate if the margin is less than 0.5 percentage points. Biden's lead stood at 0.28 percentage points as of Wednesday afternoon.
Once the results from the audit are certified, the losing campaign can then request that recount, which will be performed by scanners that read and tally the votes, Raffensperger said.
U.S. Rep. Doug Collins, a Georgia Republican who's leading Trump's legal efforts in Georgia, called the upcoming audit a "first step." He noted the Trump campaign had requested a hand recount.
"This is a victory for integrity," Collins said. "This is a victory for transparency."
Collins denied that Republican demands for greater scrutiny of Georgia's vote were politically motivated to fire up GOP voters ahead of the state's two Senate runoffs Jan. 5.
"Look, I don't think anybody in their right mind would think we don't have enough attention paid on Georgia right now," Collins said. "I don't think motivation or turnout is a problem in Georgia."
The issues Trump's campaign and its allies have pointed to are typical in every election: problems with signatures, as well as the potential for a small number of ballots miscast or lost. With Biden leading Trump by wide margins in key states, none of those issues would affect the election's outcome.
In addition to the audit of the presidential race, Raffensperger announced that he's consolidating runoff elections. A runoff for any state races was set to be held Dec. 1, while the runoffs for the two U.S. Senate races was set for Jan. 5. Raffensperger said he's consolidating those runoffs on Jan. 5.
The one exception is the runoff for the special election to fill the remainder of U.S. Rep. John Lewis' term. That election will still be held Dec. 1. The person who wins that election will serve for about a month before Nikema Williams, who was just elected to succeed the late Lewis, takes office.
By KATE BRUMBACK Associated Press
Associated Press writer Russ Bynum in Savannah, Ga., contributed reporting.


courthousenews--2020-11-13--California Hits 1 Million Coronavirus Cases

( CN ) — It took California less than a year to reach 1 million confirmed Covid-19 cases .
And as large swaths of the Golden State are steeped in widespread infection , experts say the worst is yet to come here and across the nation .
It took California about 240 days to confirm its one million cases according to various news outlets that called the tragic milestone on Thursday .
California health officials reported nearly 7,000 new cases , putting the state ’ s official tally at 991,609 confirmed cases to date .
The California Department of Public @ @ @ @ @ @ @ a true day-over-day representation of the data because results can be delayed .
It did not respond to a request for comment by press time .
Since the pandemic began in earnest in February , over 18,000 have died in California .
Nationally , the death toll stands at over 240,000 .
Like the rest of the nation , California has seen a surge in confirmed cases in recent weeks that will likely lead to more people admitted to hospitals , ICUs and could lead to more deaths .
In Los Angeles County @ @ @ @ @ @ @ every 580 residents is infectious with new daily cases topping 2,000 over the last several days .
On Thursday , officials reported 7 new deaths , 2,533 new infections and health officials hinted some type of drastic change could happen if the trend continues .
“ If collectively we fail to stop the acceleration of new cases , we will have no choice but to look at additional actions , ” said LA County Public Health Director Barbara Ferrer during a Thursday briefing .
“ It isn ’ t just that our recovery @ @ @ @ @ @ @ also that we now have tough choices in front of us as we head into Thanksgiving and the winter holidays.
” The outlook is not expected to improve as Covid-19 metrics come in waves : first the confirmed cases , which LA County is currently seeing , then hospitalizations and an increase in deaths .
Based on a surge this past summer , LA County and the whole state could be hit by the waves .
“ This information should help remind us that we most likely haven ’ t yet seen the @ @ @ @ @ @ @ we recently experienced , ” said Ferrer .
“ And while we ’ ve made impressive strides in caring for people who are ill with the virus , this much of an increase in cases may very well result in tremendous suffering and tragic deaths down the road.
” East of LA , San Bernardino and Riverside counties have seen over 70,000 confirmed cases and more than 1,000 deaths , respectively .
Under the state ’ s tier-ranking system , all three counties remain in the most restrictive level due to the widespread @ @ @ @ @ @ @ economy remain closed .
But LA County is by far the leader with cases spread across its population of 10 million — a state unto itself .
The last surge in LA County receded sometime in early September , weeks after public health officials closed offices , gyms , indoor malls , salons and other businesses .
The hope is that LA County—- and the rest of the state — can pull a repeat .
“ I think we ’ re all , for the whole state , every single county , every @ @ @ @ @ @ @ the same : we have to get this back under control , ” said Ferrer .
“ We know what we can do , we have the tools to do it and then we ’ re just going to go ahead and start working on that.
” Since mid-June , California has required anyone in public to wear a mask .
But with the recent surge , it ’ s unclear if state health officials will institute new guidelines or lockdowns for an already virus-weary populace .
California Governor Gavin Newsom ’ s @ @ @ @ @ @ @ for comment , but in a tweet Newsom said the daily case average is around 6,700 statewide and hospitalizations have seen a 36 % increase along with a 37 % increase of ICU admittance in recent weeks .
“ We absolutely must take these increases seriously .
Wear your mask .
Physically distance .
Do not let your guard down .
Your actions could literally save lives , ” wrote Newsom .
While 1 million coronavirus cases in California is an astounding figure , it ’ s important to put it in perspective @ @ @ @ @ @ @ 1 million Covid cases in just the first 10 days of November .

It took California less than a year to reach 1 million confirmed Covid-19 cases. And as large swaths of the Golden State are steeped in widespread infection, experts say the worst is yet to come here and across the nation.
(CN) — It took California less than a year to reach 1 million confirmed Covid-19 cases. And as large swaths of the Golden State are steeped in widespread infection, experts say the worst is yet to come here and across the nation.
It took California about 240 days to confirm its one million cases according to various news outlets that called the tragic milestone on Thursday. California health officials reported nearly 7,000 new cases, putting the state’s official tally at 991,609 confirmed cases to date.
The California Department of Public Health says its numbers may not be a true day-over-day representation of the data because results can be delayed. It did not respond to a request for comment by press time.
Since the pandemic began in earnest in February, over 18,000 have died in California. Nationally, the death toll stands at over 240,000.
Like the rest of the nation, California has seen a surge in confirmed cases in recent weeks that will likely lead to more people admitted to hospitals, ICUs and could lead to more deaths.
In Los Angeles County, health officials report 1 out of every 580 residents is infectious with new daily cases topping 2,000 over the last several days. On Thursday, officials reported 7 new deaths, 2,533 new infections and health officials hinted some type of drastic change could happen if the trend continues.
“If collectively we fail to stop the acceleration of new cases, we will have no choice but to look at additional actions,” said LA County Public Health Director Barbara Ferrer during a Thursday briefing. “It isn’t just that our recovery journey is stalled, it’s also that we now have tough choices in front of us as we head into Thanksgiving and the winter holidays.”
The outlook is not expected to improve as Covid-19 metrics come in waves: first the confirmed cases, which LA County is currently seeing, then hospitalizations and an increase in deaths.
Based on a surge this past summer, LA County and the whole state could be hit by the waves.
“This information should help remind us that we most likely haven’t yet seen the full consequence of the surge in cases we recently experienced,” said Ferrer. “And while we’ve made impressive strides in caring for people who are ill with the virus, this much of an increase in cases may very well result in tremendous suffering and tragic deaths down the road.”
East of LA, San Bernardino and Riverside counties have seen over 70,000 confirmed cases and more than 1,000 deaths, respectively. Under the state’s tier-ranking system, all three counties remain in the most restrictive level due to the widespread infection, meaning large swaths of the economy remain closed. But LA County is by far the leader with cases spread across its population of 10 million — a state unto itself.
The last surge in LA County receded sometime in early September, weeks after public health officials closed offices, gyms, indoor malls, salons and other businesses. The hope is that LA County—- and the rest of the state — can pull a repeat.
“I think we’re all, for the whole state, every single county, every single public health director is asking for the same: we have to get this back under control,” said Ferrer. “We know what we can do, we have the tools to do it and then we’re just going to go ahead and start working on that.”
Since mid-June, California has required anyone in public to wear a mask. But with the recent surge, it’s unclear if state health officials will institute new guidelines or lockdowns for an already virus-weary populace.
California Governor Gavin Newsom’s office did not immediately respond to request for comment, but in a tweet Newsom said the daily case average is around 6,700 statewide and hospitalizations have seen a 36% increase along with a 37% increase of ICU admittance in recent weeks.
“We absolutely must take these increases seriously. Wear your mask. Physically distance. Do not let your guard down. Your actions could literally save lives,” wrote Newsom.
While 1 million coronavirus cases in California is an astounding figure, it’s important to put it in perspective: the United States has seen over 1 million Covid cases in just the first 10 days of November.


courthousenews--2020-11-13--Oil Pipeline a Step Closer to Approval in Minnesota

ST. PAUL , Minn. ( CN ) — The controversial Enbridge Line 3 oil pipeline is nearly primed to advance in Minnesota after state regulators approved final permits Thursday .
The Minnesota Pollution Control Agency approved water-quality and wetland permits for the 340-mile , $ 2.6 billion pipeline project Thursday afternoon .
The state ’ s Department of Natural Resources followed suit , approving eight more permits for the proposed pipeline replacement , most of them also related to the project ’ s impacts on water and wetlands .
All 10 required DNR permits have now been granted ; two @ @ @ @ @ @ @ remains for the pipeline project , which would replace an existing tar sands oil pipeline built by Canada-based Enbridge Energy in 1968 .
The line runs from Hardisty , Alberta , to Superior , Wisconsin — a route which the new pipeline would roughly replicate — and at its height transported 760,000 barrels of Canadian crude oil per day .
That capacity has diminished dramatically to 390,000 barrels per day , according to the company , leading Enbridge to pursue the replacement project .
The pollution control agency emphasized what it called “ @ @ @ @ @ @ @ including prohibitions on construction in traditional wild rice waters , crucial to Ojibwe cultural practices and livelihoods , and “ extensive stream and wetland mitigation efforts.
” The pipeline has nevertheless faced substantial opposition from environmental groups and Minnesota ’ s Native American tribes .
Both fear pipeline leaks will contaminate drinking water and argued that creating more fossil-fuel infrastructure runs contrary to the goal of fighting climate change .
“ The science is clear that Line 3 would threaten Minnesota ’ s clean water and set back our state ’ s progress @ @ @ @ @ @ @ can least afford it .
Granting Enbridge the permits to build this tar sands pipeline through our state defies the science and defies the law , ” Sierra Club North Star Chapter director Margaret Levin said in a statement .
“ This fight isn ’ t over .
We will not allow this reckless decision to go unchallenged.
” Ojibwe activist Winona LaDuke of Honor the Earth concurred .
“ The MNPCA has clearly avoided a hard scientific look at the cumulative impacts from Line 3 on 212 stream crossings and thousands of @ @ @ @ @ @ @ quality , ” LaDuke said .
“ They have chosen to ignore the downstream effects of oil spills , and the implications of climate change .
And they have moved irresponsibly on approving these permits at a time when Covd-19 is spreading rapidly in northern communities like it is statewide .
“ This is a failure of prudent environmental governance and a lack of vision on a sound energy policy for the future.
” The pipeline ’ s supporters include a mixture of industry groups and labor interests .
The Laborer ’ s @ @ @ @ @ @ @ ) , the International Brotherhood of Teamsters , the International Union of Operating Engineers and the United Association of Plumbers and Pipefitters have all thrown their support behind the project , which promises to employ thousands of their members .
Minnesotans for Line 3 , a nonprofit established to advocate for the project , issued a brief statement regarding the approval “ People across Minnesota have supported Line 3 for years because they know how important this project is .
Having state agencies release these permits proves again that this project has been @ @ @ @ @ @ @ , ” the statement said .
“ We are now closer than ever for work to begin in Minnesota to protect the environment and put thousands of people back to work.
” Minnesota is the last regulatory holdout among the states Line 3 would pass through .
The sections of updated pipeline in Canada , North Dakota and Wisconsin are already operating .
Enbridge still needs a few final permits from the U.S. Army Corps of Engineers , which would clear the way for a final construction stormwater permit from Minnesota ’ s @ @ @ @ @ @ @ still faces legal challenges .
One by the Minnesota Department of Commerce was revived this past August and challenges the permitting process , claiming that the state ’ s Public Utilities Commission erroneously granted Enbridge a certificate of need because the company did not provide a long-term demand forecast .
The department accuses the commission of shifting the burden of proof of a projected decrease in demand from Enbridge to the Commerce department .
That case has yet to be heard by the Minnesota Court of Appeals .
Even after those are resolved @ @ @ @ @ @ @ in person and are likely to continue to do so .
That possibility led White Earth Band of Ojibwe Chairman Michael Fairbanks to request a suspension of the regulatory process earlier this week , afraid that protests and construction could create rolling “ super-spreader ” Covid-19 events , according to the Minneapolis Star Tribune .

ST. PAUL, Minn. (CN) — The controversial Enbridge Line 3 oil pipeline is nearly primed to advance in Minnesota after state regulators approved final permits Thursday.
The Minnesota Pollution Control Agency approved water-quality and wetland permits for the 340-mile, $2.6 billion pipeline project Thursday afternoon. The state’s Department of Natural Resources followed suit, approving eight more permits for the proposed pipeline replacement, most of them also related to the project’s impacts on water and wetlands. All 10 required DNR permits have now been granted; two were approved in October.
All that remains for the pipeline project, which would replace an existing tar sands oil pipeline built by Canada-based Enbridge Energy in 1968. The line runs from Hardisty, Alberta, to Superior, Wisconsin — a route which the new pipeline would roughly replicate — and at its height transported 760,000 barrels of Canadian crude oil per day. That capacity has diminished dramatically to 390,000 barrels per day, according to the company, leading Enbridge to pursue the replacement project.
The pollution control agency emphasized what it called “stringent” conditions on the permits, including prohibitions on construction in traditional wild rice waters, crucial to Ojibwe cultural practices and livelihoods, and “extensive stream and wetland mitigation efforts.”
The pipeline has nevertheless faced substantial opposition from environmental groups and Minnesota’s Native American tribes. Both fear pipeline leaks will contaminate drinking water and argued that creating more fossil-fuel infrastructure runs contrary to the goal of fighting climate change.
Andy Pearson, who leads climate-action group MN350’s response to the pipeline, said that the projected carbon emissions from oil transported through Line 3 would exceed Minnesota’s total emissions by about 35 million tons per year.
“That’s a whole lot. That’s enough so that if we were able to decarbonize our entire economy… and we also build Line 3, as a whole, we’ve been responsible for moving backward, rather than moving forward, on climate,” Pearson said. “For us as a group that cares about the climate, that’s really a non-starter.”
“The science is clear that Line 3 would threaten Minnesota’s clean water and set back our state’s progress on climate at a time when we can least afford it. Granting Enbridge the permits to build this tar sands pipeline through our state defies the science and defies the law,” Sierra Club North Star Chapter director Margaret Levin said in a statement. “This fight isn’t over. We will not allow this reckless decision to go unchallenged.”
Ojibwe activist Winona LaDuke of Honor the Earth concurred. “The MNPCA has clearly avoided a hard scientific look at the cumulative impacts from Line 3 on 212 stream crossings and thousands of acres of wetland crossings, and water quality,” LaDuke said. “They have chosen to ignore the downstream effects of oil spills, and the implications of climate change. And they have moved irresponsibly on approving these permits at a time when Covd-19 is spreading rapidly in northern communities like it is statewide.
“This is a failure of prudent environmental governance and a lack of vision on a sound energy policy for the future.”
The pipeline’s supporters include a mixture of industry groups and labor interests. The Laborer’s International Union of North America (LiUNA), the International Brotherhood of Teamsters, the International Union of Operating Engineers and the United Association of Plumbers and Pipefitters have all thrown their support behind the project, which promises to employ thousands of their members.
LiUNA spokesman Kevin Pranis said he was optimistic about the work the pipeline offered in light of ongoing dire straits in the construction business.
“The jobs couldn’t come at a more important time as we’re facing this pandemic and recession,” he said. “The project pipeline, the metaphorical pipeline, it does not look very good. So we’ve been fortunate that construction has been deemed to be essential work.”
Minnesotans for Line 3, a nonprofit established to advocate for the project, issued a brief statement regarding the approval
“People across Minnesota have supported Line 3 for years because they know how important this project is. Having state agencies release these permits proves again that this project has been thoroughly reviewed and has passed every test,” the statement said. “We are now closer than ever for work to begin in Minnesota to protect the environment and put thousands of people back to work.”
Minnesota is the last regulatory holdout among the states Line 3 would pass through. The sections of updated pipeline in Canada, North Dakota and Wisconsin are already operating. Enbridge still needs a few final permits from the U.S. Army Corps of Engineers, which would clear the way for a final construction stormwater permit from Minnesota’s pollution control agency.
Pranis said he was confident about those permits. “The Army Corps is just reviewing the PCA’s work, so we’re not concerned about that,” he said.
The pipeline still faces legal challenges. One by the Minnesota Department of Commerce was revived this past August and challenges the permitting process, claiming that the state’s Public Utilities Commission erroneously granted Enbridge a certificate of need because the company did not provide a long-term demand forecast. The department accuses the commission of shifting the burden of proof of a projected decrease in demand from Enbridge to the Commerce department. That case has yet to be heard by the Minnesota Court of Appeals.
The appeals court has two other cases on its plate with regard to the pipeline, one challenging the permits for Line 3’s planned route and another questioning the environmental impact statement approved by the Public Utilities Commission.
Pearson took Democratic Governor Tim Walz to task for failing to stop construction while those suits are still in court.
“It’s a bit of an inconsistent position for the governor to be in here. One would assume that if the Department of Commerce’s lawsuit was being respected by the administration, that they wouldn’t be issuing construction permits,” Pearson said. He noted that Walz, during his 2018 gubernatorial campaign, had promised not to allow any pipelines through treaty-ceded lands.
Even after those are resolved, many activists have already protested construction in person and are likely to continue to do so. That possibility led White Earth Band of Ojibwe Chairman Michael Fairbanks to request a suspension of the regulatory process earlier this week, afraid that protests and construction could create rolling “super-spreader” Covid-19 events, according to the Minneapolis Star Tribune.
Enbridge spokeswoman Juli Kellner rebutted that idea in a statement.
“At Enbridge safety is our top priority. Enbridge implemented an effective Covid-19 testing and screening program that has proven effective during our recent Line 3 construction in North Dakota,” she wrote. “We will continue to follow the latest guidance provided by local, federal and international public-health and government authorities to protect workers and communities.”


courthousenews--2020-11-13--Drought Plaguing Much of US

Drought Plaguing Much of US

( CN ) — A report by the U.S. Drought Monitor on Thursday revealed what anyone living in California or the Southwest already know : We need rain .
Badly .
“ Abnormal dryness and drought are currently affecting over 120 million people across the United States including Puerto Rico — about 38.9 % of the population , ” the National Centers for Environmental Information , of which the U.S. Drought Monitor is a part , said in its latest report .
The drought is particularly intense in the Four Corners region where Colorado , Arizona , New Mexico and @ @ @ @ @ @ @ worse in Nevada , where ranchers say the range is in poor condition .
“ It ’ s as bad as I ’ ve ever seen it , ” said JJ Goicoechea , a rancher who lives near Elko in eastern Nevada .
“ I ’ ve bought more hay this year than I have the previous two.
” The situation is also dire in Colorado , where 75 % of the state is experiencing severe drought and a quarter is firmly in the worst category — extreme drought .
Much of the @ @ @ @ @ @ @ on the Colorado River Basin of western Colorado , which bodes ill for the millions of homes and businesses downstream that rely on a robust flow of water from the river .
Reservoirs like Lake Powell and Lake Mead have dipped to below-average levels , with Lake Powell receiving just 43 % of its average inflow with only a month and a half to go in the year , according to the Lake Powell Water Database .
A storm in the Pacific Northwest brought relief to the northern areas of Oregon , much @ @ @ @ @ @ @ Montana , but failed to deliver water to much of Oregon and a slice of Northern California that remain parched .
“ Amounts were insufficient to bring improvement anywhere to south and east of northern Oregon , and conditions deteriorated in Northern California , and in much of a broad swath from southwestern California eastward across New Mexico , ” the agency wrote in the report .
Extreme drought is growing in Northern California , but only in the northern reaches of the state along the Sacramento River .
However , forecasts call @ @ @ @ @ @ @ may dip down into Northern California after dropping significant amounts of rain across much of the Pacific Northwest .
The Rockies is also on tap for some wet weather in the coming days , stoking optimism that the worst of their drought is in the rearview .
Colorado has experienced three of the largest wildfires in state history this year , with the latest burning more than 200,000 acres including parts of Rocky Mountain National Park .
Drought certainly played a role .
California too grappled with a historic wildfire season , with @ @ @ @ @ @ @ a series of fires across the length of the state — a record .
Oregon and Washington state saw numerous large blazes as well .
In Texas , drought is on the march in Texas where a fifth of the state is in extreme drought — nearly double from just last week .
The dry conditions are concentrated in the Llano Estacado or the Stalked Plains in the western part of the state .
Cities like Odessa and Lubbock are in the middle of the drought-plagued region .
“ Conditions are abnormally dry @ @ @ @ @ @ @ , ” the report states .
Even the Northeast is experiencing abnormally dry conditions as autumn progresses , with southern Maine and northern New Hampshire in extreme drought .
No new rain is expected to fall in the region , though a wet winter is predicted .
The outlook isn ’ t as rosy for California and the rest of the American West , which need several storms during their respective wet seasons to rescue the land from dry conditions .

A report by the U.S. Drought Monitor on Thursday revealed what anyone living in California or the Southwest already know: We need rain. Badly.
(CN) — A report by the U.S. Drought Monitor on Thursday revealed what anyone living in California or the Southwest already know: We need rain. Badly.
“Abnormal dryness and drought are currently affecting over 120 million people across the United States including Puerto Rico — about 38.9% of the population,” the National Centers for Environmental Information, of which the U.S. Drought Monitor is a part, said in its latest report.
The drought is particularly intense in the Four Corners region where Colorado, Arizona, New Mexico and Utah intersect. And things have gotten worse in Nevada, where ranchers say the range is in poor condition.
“It’s as bad as I’ve ever seen it,” said JJ Goicoechea, a rancher who lives near Elko in eastern Nevada. “I’ve bought more hay this year than I have the previous two.”
The situation is also dire in Colorado, where 75% of the state is experiencing severe drought and a quarter is firmly in the worst category — extreme drought. Much of the worst aspects of dry conditions are centered on the Colorado River Basin of western Colorado, which bodes ill for the millions of homes and businesses downstream that rely on a robust flow of water from the river.
Reservoirs like Lake Powell and Lake Mead have dipped to below-average levels, with Lake Powell receiving just 43% of its average inflow with only a month and a half to go in the year, according to the Lake Powell Water Database.
A storm in the Pacific Northwest brought relief to the northern areas of Oregon, much of Washinton and the northwest corner of Montana, but failed to deliver water to much of Oregon and a slice of Northern California that remain parched.
“Amounts were insufficient to bring improvement anywhere to south and east of northern Oregon, and conditions deteriorated in Northern California, and in much of a broad swath from southwestern California eastward across New Mexico,” the agency wrote in the report.
Extreme drought is growing in Northern California, but only in the northern reaches of the state along the Sacramento River.
However, forecasts call for relief as an unseasonal precipitation event may dip down into Northern California after dropping significant amounts of rain across much of the Pacific Northwest.
The Rockies is also on tap for some wet weather in the coming days, stoking optimism that the worst of their drought is in the rearview.
Colorado has experienced three of the largest wildfires in state history this year, with the latest burning more than 200,000 acres including parts of Rocky Mountain National Park. Drought certainly played a role.
California too grappled with a historic wildfire season, with more than 4 million acres torched by a series of fires across the length of the state — a record. Oregon and Washington state saw numerous large blazes as well.
In Texas, drought is on the march in Texas where a fifth of the state is in extreme drought — nearly double from just last week. The dry conditions are concentrated in the Llano Estacado or the Stalked Plains in the western part of the state. Cities like Odessa and Lubbock are in the middle of the drought-plagued region.
“Conditions are abnormally dry or worse across much of the state,” the report states.
Even the Northeast is experiencing abnormally dry conditions as autumn progresses, with southern Maine and northern New Hampshire in extreme drought.
No new rain is expected to fall in the region, though a wet winter is predicted.
The outlook isn’t as rosy for California and the rest of the American West, which need several storms during their respective wet seasons to rescue the land from dry conditions.


courthousenews--2020-11-13--Chicago Asks Residents to Stay Home 30 Days to Combat Virus

CHICAGO ( CN ) — Chicagoans were urged Thursday to self-quarantine for the next month to battle the recent spike in Covid-19 cases threatening to claim a thousand more lives in the city by the end of the year .
Although the stay-at-home advisory is not mandatory , the mayor pleaded with residents to keep home as much as possible during an afternoon press conference .
“ We ’ re here with some very sobering news , ” Mayor Lori Lightfoot said .
“ For weeks now we ’ ve been sounding the alarm on the record level of Covid @ @ @ @ @ @ @ the rolling daily average cases in Chicago jump to 1,920 with a 14.5 % positivity rate , up from 300-400 cases per day in October , when the positivity rate hovered just above 4 % .
Lightfoot said some areas of the city are now seeing positivity rates of 25 % .
“ If we do not step up and do the things we know actually work…by the end of this year we will lose at least 1,000 more lives , ” the mayor warned .
“ None of us can keep maintaining @ @ @ @ @ @ @ this stark reality.
” Dr. Allison Arwady , Chicago ’ s public health commissioner , said the city could see 4,000 infections daily by Thanksgiving .
“ I am more worried about Covid right now than I have been at any point since March , ” Arwady said Thursday .
She added , “ If you look at that curve , there ’ s been no sign that it ’ s slowing down.
” “ Our goal now is the same as it was during the early days of this pandemic and that @ @ @ @ @ @ @ Mayor Lightfoot said .
“ We are back there.
” Outlining the city ’ s new plan – which includes previous mask requirements , restrictions on the size of gatherings and an 11 p.m. to 6 a.m. curfew – the mayor said all Chicago residents should stay at home whenever possible , avoid all nonessential travel and have no guests , including family members that don ’ t live in the same house .
“ You must cancel your normal Thanksgiving plans , ” the mayor said , adding that the virus is @ @ @ @ @ @ @ In these spaces people feel safe and you let your guard down.
” Almost all 50 states are on Chicago ’ s travel advisory list , requiring a 14-day quarantine when returning to the city .
Now travelers from some states will require a negative Covid-19 test before coming home .
Lightfoot also asked businesses to allow employees to work from home whenever possible , especially when showing symptoms .
Capacity limits will tighten up on businesses , churches and special events as well in an effort to limit the amount of people @ @ @ @ @ @ @ s voluntary advisory begins at 6 a.m. on Monday and will be in place for 30 days .
The entire state of Illinois is seeing a massive surge in infections , setting a daily record the third day in a row Thursday with 12,702 new cases .
The state has recorded a total of 536,542 coronavirus cases – over 122,000 of those in Chicago alone – and 10,477 deaths .
The new guidelines in Chicago echo those announced by Illinois Governor J.B. Pritzker earlier in the week .
Indoor dining has also been @ @ @ @ @ @ @ the weather has taken a turn toward winter .
“ This whole year has been tough , ” Lightfoot said .
“ All of our lives have been upended by this terrible virus .
These next weeks will be crucial to how we spend our 2021 .
”

Chicagoans were urged Thursday to self-quarantine for the next month to battle the recent spike in Covid-19 cases threatening to claim a thousand more lives in the city by the end of the year.
CHICAGO (CN) — Chicagoans were urged Thursday to self-quarantine for the next month to battle the recent spike in Covid-19 cases threatening to claim a thousand more lives in the city by the end of the year.
Although the stay-at-home advisory is not mandatory, the mayor pleaded with residents to keep home as much as possible during an afternoon press conference.
“We’re here with some very sobering news,” Mayor Lori Lightfoot said. “For weeks now we’ve been sounding the alarm on the record level of Covid cases throughout our city.”
Thursday saw the rolling daily average cases in Chicago jump to 1,920 with a 14.5% positivity rate, up from 300-400 cases per day in October, when the positivity rate hovered just above 4%.
Lightfoot said some areas of the city are now seeing positivity rates of 25%.
“If we do not step up and do the things we know actually work…by the end of this year we will lose at least 1,000 more lives,” the mayor warned. “None of us can keep maintaining the status quo in the face of this stark reality.”
Dr. Allison Arwady, Chicago’s public health commissioner, said the city could see 4,000 infections daily by Thanksgiving.
“I am more worried about Covid right now than I have been at any point since March,” Arwady said Thursday.
She added, “If you look at that curve, there’s been no sign that it’s slowing down.”
“Our goal now is the same as it was during the early days of this pandemic and that is to bend the curve,” Mayor Lightfoot said. “We are back there.”
Outlining the city’s new plan – which includes previous mask requirements, restrictions on the size of gatherings and an 11 p.m. to 6 a.m. curfew – the mayor said all Chicago residents should stay at home whenever possible, avoid all nonessential travel and have no guests, including family members that don’t live in the same house.
“You must cancel your normal Thanksgiving plans,” the mayor said, adding that the virus is spreading among family and friends. “In these spaces people feel safe and you let your guard down.”
Almost all 50 states are on Chicago’s travel advisory list, requiring a 14-day quarantine when returning to the city. Now travelers from some states will require a negative Covid-19 test before coming home.
Lightfoot also asked businesses to allow employees to work from home whenever possible, especially when showing symptoms. Capacity limits will tighten up on businesses, churches and special events as well in an effort to limit the amount of people together in one space.
Chicago’s voluntary advisory begins at 6 a.m. on Monday and will be in place for 30 days.
The entire state of Illinois is seeing a massive surge in infections, setting a daily record the third day in a row Thursday with 12,702 new cases. The state has recorded a total of 536,542 coronavirus cases – over 122,000 of those in Chicago alone – and 10,477 deaths.
The new guidelines in Chicago echo those announced by Illinois Governor J.B. Pritzker earlier in the week. Indoor dining has also been shut down across the state just as the weather has taken a turn toward winter.
“This whole year has been tough,” Lightfoot said. “All of our lives have been upended by this terrible virus. These next weeks will be crucial to how we spend our 2021.”


Top Eight

Your Thursday night briefing from the staff of Courthouse News Top eight CNS stories for today including TikTok is banking on D.C .
Circuit intervention in its feud with the Trump administration ; The European Court of Justice ruled EU law protects consumers from having to opt out of data-sharing agreements in a contract ; The First Circuit found Harvard University ’ s use of race in admissions doesn ’ t illegally discriminate against Asian-Americans , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your @ @ @ @ @ @ @ ) Flouting the Trump administration ’ s Thursday deadline for it to see its U.S. operations sold off , TikTok is banking on D.C .
Circuit intervention in a feud made murky by the outcome of the 2020 election .
2 . )
Harvard University ’ s use of race in admissions doesn ’ t illegally discriminate against Asian-Americans , the First Circuit held Thursday .
3 . )
California Governor Gavin Newsom will appoint Vice President-elect Kamala Harris ’ successor to the U.S. Senate .
Who he will select among the very @ @ @ @ @ @ @ ’ s guess .
4 . )
The Seventh Circuit heard arguments Thursday over whether an Indiana county ’ s Christmas nativity scene on courthouse grounds violates the Constitution ’ s ban on state-sanctioned religion .
5 . )
A unanimous Kentucky Supreme Court ruled Thursday that the use of executive orders by Democratic Governor Andy Beshear to slow the spread of Covid-19 does not violate the state constitution .
6 . )
EU law protects consumers from having to opt out of data-sharing agreements in a contract , the European Court of @ @ @ @ @ @ @ if the nations of the world stopped all greenhouse gas emissions today , Earth will continue to warm , glaciers and ice caps will continue to melt and oceans will continue to rise for centuries , according to a dire study published Thursday .
8 . )
Countries can not automatically refuse extradition requests to Poland based on the worsening condition of the country ’ s judicial system , an adviser to the EU ’ s top court said Thursday .

Top eight CNS stories for today including TikTok is banking on D.C. Circuit intervention in its feud with the Trump administration; The European Court of Justice ruled EU law protects consumers from having to opt out of data-sharing agreements in a contract; The First Circuit found Harvard University’s use of race in admissions doesn’t illegally discriminate against Asian-Americans, and more.
Your Thursday night briefing from the staff of Courthouse News
Top eight CNS stories for today including TikTok is banking on D.C. Circuit intervention in its feud with the Trump administration; The European Court of Justice ruled EU law protects consumers from having to opt out of data-sharing agreements in a contract; The First Circuit found Harvard University’s use of race in admissions doesn’t illegally discriminate against Asian-Americans, and more.
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National
1.) Flouting the Trump administration’s Thursday deadline for it to see its U.S. operations sold off, TikTok is banking on D.C. Circuit intervention in a feud made murky by the outcome of the 2020 election.
Icons for the smartphone apps TikTok and WeChat are seen on a smartphone screen in Beijing, Friday, Aug. 7, 2020. President Donald Trump has ordered a sweeping but unspecified ban on dealings with the Chinese owners of the consumer apps TikTok and WeChat, although it remains unclear if he has the legal authority to actually ban the apps from the U.S. (AP Photo/Mark Schiefelbein)
2.) Harvard University’s use of race in admissions doesn’t illegally discriminate against Asian-Americans, the First Circuit held Thursday.
Students walk near the Widener Library in Harvard Yard at Harvard University in Cambridge, Mass., in 2019. (AP Photo/Charles Krupa, File)
3.) California Governor Gavin Newsom will appoint Vice President-elect Kamala Harris’ successor to the U.S. Senate. Who he will select among the very large tent of California Democrats is anyone’s guess.
Democratic presidential candidate Sen. Kamala Harris, D-Calif., listens during a gun safety forum Wednesday, Oct. 2, 2019, in Las Vegas. (AP Photo/John Locher)
Regional
4.) The Seventh Circuit heard arguments Thursday over whether an Indiana county’s Christmas nativity scene on courthouse grounds violates the Constitution’s ban on state-sanctioned religion.
A Christmas nativity scene. (Photo via Vincent Ciro/Pixabay)
5.) A unanimous Kentucky Supreme Court ruled Thursday that the use of executive orders by Democratic Governor Andy Beshear to slow the spread of Covid-19 does not violate the state constitution.
Kentucky Gov. Andy Beshear walks through the state's Emergency Operations Center at the Boone National Guard Center in Frankfort, Ky., on his way to a news conference on May 3, 2020. (Ryan C. Hermens/Lexington Herald-Leader via AP)
International
6.) EU law protects consumers from having to opt out of data-sharing agreements in a contract, the European Court of Justice ruled.
A map of where the telecom Orange is active in the globe. (Wikipedia image via Courthouse News)
7.) Even if the nations of the world stopped all greenhouse gas emissions today, Earth will continue to warm, glaciers and ice caps will continue to melt and oceans will continue to rise for centuries, according to a dire study published Thursday.
In this Aug. 15, 2019, photo, a large Iceberg floats away as the sun sets near Kulusuk, Greenland. Greenland is where Earth's refrigerator door is left open, where glaciers dwindle and seas begin to rise. Scientists are hard at work there, trying to understand the alarmingly rapid melting of the ice. For Greenland is where the planet's future is being written. (AP Photo/Felipe Dana)
8.) Countries cannot automatically refuse extradition requests to Poland based on the worsening condition of the country’s judicial system, an adviser to the EU’s top court said Thursday.


courthousenews--2020-11-12--Judge Advances Title IX Sex-Assault Claims Against University of California

( CN ) — The University of California must face claims it maintained a policy of “ deliberate indifference ” toward sexual assault which increased the risk of harassment on its campuses , a federal judge ruled Thursday .
Three women who were sexually assaulted while enrolled at the University of California , Berkeley , sued the statewide system in July 2015 claiming it failed to address their assaults as required under Title IX , a landmark federal law prohibiting sex discrimination in the education system .
Aryle Butler and co-plaintiffs Sofie Karasek and Nicoletta Commins accuse UC officials of @ @ @ @ @ @ @ assault , or delaying investigations and handing down inadequate disciplinary action — all violations of Title IX .
Butler claims a colleague at UC Berkeley – identified only as John Doe – repeatedly groped her on a 2012 school trip at the Wrangell Mountains Center in Alaska , including an incident where the man pushed her against a table , inserted his hands into her underwear and massaged her genitals .
Commins says she was sexually assaulted in 2012 by a male classmate who performed oral sex on her and digitally penetrated her @ @ @ @ @ @ @ .
And Karasek says she was groped by a male classmate while asleep during a weekend trip to San Diego with the Cal Berkeley Democrats Club , also in 2012 .
Three prior assaults took place during club activities within a four-year period and the university took no action despite being made aware of the attacks , Karasek says in the lawsuit .
A 2014 state audit of four California universities , including UC Berkeley , found officials had failed to adequately train faculty , staff and students on how to respond to @ @ @ @ @ @ @ IX , the women filed both post-assault claims , addressing the university ’ s response to their reports , and pre-assault claims over what they call a policy of “ deliberate indifference ” toward sexual assault .
In 2016 , U.S. District Judge William Orrick III dismissed with prejudice Commins and Karasek ’ s post-assault claims and granted the university summary judgment on Butler ’ s post-assault claim .
Orrick also dismissed the pre-assault claims , finding that although “ the university could have treated them much better ” the handling of the @ @ @ @ @ @ @ rise to the standard of deliberate indifference — one of five elements a plaintiff must satisfy under Title IX to prevail .
This year , the Ninth Circuit affirmed dismissal of the post-assault claims but vacated Orrick ’ s decision on pre-assault claims .
The appeals court remanded the case with instructions to determine whether the women had adequately alleged pre-assault claims under Title IX .
The university again moved to dismiss the women ’ s lawsuit , arguing their claims are time-barred and that plaintiffs should have concluded that policies governing sexual @ @ @ @ @ @ @ reports were mishandled .
“ My conclusion is reinforced by the university ’ s public statements about its process , which would lead many reasonable observers to believe its policies were adequate , ” Orrick wrote .
“ While I do not hold that the university fraudulently concealed its policy , the university ’ s own behavior contradicts its position today that its students were on adequate notice to inquire further about a policy of deliberate indifference.
” Orrick ruled that the university ’ s use of an “ informal process ” to @ @ @ @ @ @ @ adequately train the campus community on reporting assaults , as laid bare in the 2014 state audit , is enough to bolster plaintiffs ’ claims of deliberate indifference .
“ If , as the university ’ s own Title IX officer publicly claimed , the informal process is inappropriate to resolve sexual assault cases , the university ’ s use of that process can easily be described as indifferent to at least some reports of sexual assault , ” Orrick wrote .
“ This conclusion is bolstered by the university ’ s alleged @ @ @ @ @ @ @ about sexual misconduct and adequately educate staff who must handle the complaints.
” Attorneys for the university system argued that Karasek ’ s claim fails because her experience of sexual assault was not “ sufficiently similar ” to the three prior attacks at the club .
They also argued the university was initially unaware of the incident because she reported the attack only to campus police .
But Orrick also rejected those arguments .
“ As I have explained , the Ninth Circuit ’ s opinion requires that the harassment Karasek was subjected @ @ @ @ @ @ @ , and objectively offensive.
’ Here , she has adequately alleged that it was , ” he wrote .
Orrick noted Karasek ’ s claims that she awoke at 3 a.m. to find her male attacker massaging her legs , back and buttocks .
“ He continued to do so for approximately 30 minutes , ” Orrick wrote .
“ The university has pointed to no case in which such egregious behavior was found to not be severe sexual harassment.
” But Orrick found Butler can ’ t plausibly allege that the university @ @ @ @ @ @ @ in which she was exposed to a heightened risk of harassment , ” meaning her claims won ’ t advance .
Orrick dismissed Butler and Commins ’ claims but only gave Commins the chance to amend her complaint within 20 days in order to address causality .
In a statement , UC Berkeley said it is reviewing the judge ’ s decision closely and is considering next steps .
However , it noted the bulk of the claims have been dismissed and what ’ s left hasn ’ t been legally established .
@ @ @ @ @ @ @ an environment free of sexual violence or sexual harassment for students , faculty and staff , and to responding promptly and effectively to reports of such conduct .

The University of California must face claims it maintained a policy of “deliberate indifference” toward sexual assault which increased the risk of harassment on its campuses, a federal judge ruled Thursday.
(CN) — The University of California must face claims it maintained a policy of “deliberate indifference” toward sexual assault which increased the risk of harassment on its campuses, a federal judge ruled Thursday.
Three women who were sexually assaulted while enrolled at the University of California, Berkeley, sued the statewide system in July 2015 claiming it failed to address their assaults as required under Title IX, a landmark federal law prohibiting sex discrimination in the education system.
Aryle Butler and co-plaintiffs Sofie Karasek and Nicoletta Commins accuse UC officials of failing to investigate their reports of sexual assault, or delaying investigations and handing down inadequate disciplinary action — all violations of Title IX.
Butler claims a colleague at UC Berkeley – identified only as John Doe – repeatedly groped her on a 2012 school trip at the Wrangell Mountains Center in Alaska, including an incident where the man pushed her against a table, inserted his hands into her underwear and massaged her genitals.
Commins says she was sexually assaulted in 2012 by a male classmate who performed oral sex on her and digitally penetrated her without her consent at her off-campus apartment. And Karasek says she was groped by a male classmate while asleep during a weekend trip to San Diego with the Cal Berkeley Democrats Club, also in 2012.
Three prior assaults took place during club activities within a four-year period and the university took no action despite being made aware of the attacks, Karasek says in the lawsuit.
A 2014 state audit of four California universities, including UC Berkeley, found officials had failed to adequately train faculty, staff and students on how to respond to and report sexual assault.
Under Title IX, the women filed both post-assault claims, addressing the university’s response to their reports, and pre-assault claims over what they call a policy of “deliberate indifference” toward sexual assault.
In 2016, U.S. District Judge William Orrick III dismissed with prejudice Commins and Karasek’s post-assault claims and granted the university summary judgment on Butler’s post-assault claim.
Orrick also dismissed the pre-assault claims, finding that although “the university could have treated them much better” the handling of the women’s reports didn’t rise to the standard of deliberate indifference — one of five elements a plaintiff must satisfy under Title IX to prevail.
This year, the Ninth Circuit affirmed dismissal of the post-assault claims but vacated Orrick’s decision on pre-assault claims.
The appeals court remanded the case with instructions to determine whether the women had adequately alleged pre-assault claims under Title IX.
The university again moved to dismiss the women’s lawsuit, arguing their claims are time-barred and that plaintiffs should have concluded that policies governing sexual assault investigations were inadequate when their own reports were mishandled.
In a 34-page order issued Thursday, Orrick rejected the university’s argument.
“My conclusion is reinforced by the university’s public statements about its process, which would lead many reasonable observers to believe its policies were adequate,” Orrick wrote. “While I do not hold that the university fraudulently concealed its policy, the university’s own behavior contradicts its position today that its students were on adequate notice to inquire further about a policy of deliberate indifference.”
Orrick ruled that the university’s use of an “informal process” to handle sexual assault reports and failure to adequately train the campus community on reporting assaults, as laid bare in the 2014 state audit, is enough to bolster plaintiffs’ claims of deliberate indifference.
“If, as the university’s own Title IX officer publicly claimed, the informal process is inappropriate to resolve sexual assault cases, the university’s use of that process can easily be described as indifferent to at least some reports of sexual assault,” Orrick wrote. “This conclusion is bolstered by the university’s alleged systemic failures to adequately inform incoming students about sexual misconduct and adequately educate staff who must handle the complaints.”
Attorneys for the university system argued that Karasek’s claim fails because her experience of sexual assault was not “sufficiently similar” to the three prior attacks at the club. They also argued the university was initially unaware of the incident because she reported the attack only to campus police.
But Orrick also rejected those arguments.
“As I have explained, the Ninth Circuit’s opinion requires that the harassment Karasek was subjected to be sufficiently ‘severe, pervasive, and objectively offensive.’ Here, she has adequately alleged that it was,” he wrote.
Orrick noted Karasek’s claims that she awoke at 3 a.m. to find her male attacker massaging her legs, back and buttocks.
“He continued to do so for approximately 30 minutes,” Orrick wrote. “The university has pointed to no case in which such egregious behavior was found to not be severe sexual harassment.”
But Orrick found Butler can’t plausibly allege that the university had direct control over “the context in which she was exposed to a heightened risk of harassment,” meaning her claims won’t advance.
Orrick dismissed Butler and Commins' claims but only gave Commins the chance to amend her complaint within 20 days in order to address causality.
In a statement, UC Berkeley said it is reviewing the judge’s decision closely and is considering next steps. However, it noted the bulk of the claims have been dismissed and what’s left hasn’t been legally established.
The university said it remains committed to an environment free of sexual violence or sexual harassment for students, faculty and staff, and to responding promptly and effectively to reports of such conduct.
Irwin Zalkin of the Zalkin Law Firm, attorney for the plaintiffs, declined to comment at this time.
Orrick set a case management conference for Dec. 15.


courthousenews--2020-11-12--Feinstein Calls on GOP to Stop Seating Trump Judges in Lame Duck

WASHINGTON ( CN ) — Senator Dianne Feinstein , the top Democrat on the Senate Judiciary Committee , urged Republicans on Thursday to stop processing President Donald Trump ’ s nominees for the federal bench during the lame-duck period .
“ Going back to 1984 , the Committee has only twice held a nominations hearing in the lame duck period of a presidential election year — once in 2004 , following President George W. Bush ’ s reelection , and once in 2012 , following the reelection of President Obama , ” she wrote in a letter to Chairman Lindsey @ @ @ @ @ @ @ Obama , ” Feinstein added , “ President Trump has lost his reelection bid.
” Graham , who won reelection in South Carolina , has scheduled a hearing for Nov. 18 for the Senate Judiciary Committee to take up more judicial nominees sent over from the White House .
With Senate Majority Leader Mitch McConnell at the helm , Trump and the GOP-Senate have secured 222 federal judges , including three conservative and highly controversial Supreme Court justices .
But Feinstein said President-elect Joe Biden —- and her fellow California Democrat and soon-to-be @ @ @ @ @ @ @ be headed to a final victory of 306 electoral votes , with more than 77 million popular votes already locked in .
With Biden and Harris well underway with their transition to the West Wing , Graham should respect the “ long and established tradition ” of not processing judicial nominations after Election Day , she argued .
“ The Committee should accordingly cease to process judicial nominations and allow the Biden-Harris Administration the opportunity to appoint judges after Inauguration Day , ” Feinstein wrote .
Her letter is unlikely to change the @ @ @ @ @ @ @ and Jan. 20 .
The entreaty follows Graham breaking with committee precedent and setting a vote on then-Judge Amy Coney Barrett ’ s nomination to the Supreme Court before the conclusion of her confirmation hearing .
Feinstein ’ s call for Graham to show restraint also came the same day the Senate voted 56-21 to confirm Aileen Mercedes Cannon , Trump ’ s pick to serve as a district judge in the Southern District of Florida .
She currently works on criminal appeals for the U.S. Attorney ’ s Office in the same @ @ @ @ @ @ @ Knepp with a 64-24 on Tuesday to serve as a judge in the Northern District of Ohio .
McConnell on Thursday filed cloture motions — to limit debate on the Senate floor — ahead of final votes to confirm six more Trump judges in the coming days .
Among the nominees the Senate is expected to greenlight is Kathryn Kimball Mizelle , a Jones Day attorney rated “ not qualified ” by the American Bar Association to serve as a judge in the Middle District of Florida .

Senator Dianne Feinstein, the top Democrat on the Senate Judiciary Committee, urged Republicans on Thursday to stop processing President Donald Trump’s nominees for the federal bench during the lame-duck period.
WASHINGTON (CN) — Senator Dianne Feinstein, the top Democrat on the Senate Judiciary Committee, urged Republicans on Thursday to stop processing President Donald Trump’s nominees for the federal bench during the lame-duck period.
“Going back to 1984, the Committee has only twice held a nominations hearing in the lame duck period of a presidential election year — once in 2004, following President George W. Bush’s reelection, and once in 2012, following the reelection of President Obama,” she wrote in a letter to Chairman Lindsey Graham.
“Unlike Presidents Bush and Obama,” Feinstein added, “President Trump has lost his reelection bid.”
Graham, who won reelection in South Carolina, has scheduled a hearing for Nov. 18 for the Senate Judiciary Committee to take up more judicial nominees sent over from the White House.
With Senate Majority Leader Mitch McConnell at the helm, Trump and the GOP-Senate have secured 222 federal judges, including three conservative and highly controversial Supreme Court justices.
But Feinstein said President-elect Joe Biden —- and her fellow California Democrat and soon-to-be Vice President Kamala Harris — appear to be headed to a final victory of 306 electoral votes, with more than 77 million popular votes already locked in.
With Biden and Harris well underway with their transition to the West Wing, Graham should respect the “long and established tradition” of not processing judicial nominations after Election Day, she argued.
“The Committee should accordingly cease to process judicial nominations and allow the Biden-Harris Administration the opportunity to appoint judges after Inauguration Day,” Feinstein wrote.
Her letter is unlikely to change the course of the Republican-majority Senate between now and Jan. 20. The entreaty follows Graham breaking with committee precedent and setting a vote on then-Judge Amy Coney Barrett’s nomination to the Supreme Court before the conclusion of her confirmation hearing.
Feinstein’s call for Graham to show restraint also came the same day the Senate voted 56-21 to confirm Aileen Mercedes Cannon, Trump’s pick to serve as a district judge in the Southern District of Florida. She currently works on criminal appeals for the U.S. Attorney’s Office in the same district.
Senators likewise confirmed James Ray Knepp with a 64-24 on Tuesday to serve as a judge in the Northern District of Ohio.
McConnell on Thursday filed cloture motions — to limit debate on the Senate floor — ahead of final votes to confirm six more Trump judges in the coming days.
Among the nominees the Senate is expected to greenlight is Kathryn Kimball Mizelle, a Jones Day attorney rated “not qualified” by the American Bar Association to serve as a judge in the Middle District of Florida.


courthousenews--2020-11-12--California Courts Covid Update

California Courts Covid Update

Nov. 9 , 2020 : Due to Covid-19 exposures , temporary court closures for both Ukiah and Ft. Bragg courthouses @ @ @ @ @ 9-13 , 2020 , with courts reopening on Monday , Nov. 16 Nov. 5 , @ @ @ @ @ resumes Civil court trials , and parties will have option to agree to a smaller @ @ @ @ @ to limited pool of available jurors

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.