courthousenews--2020-12-30--Senate Set to Override Trump Veto of Defense Bill

WASHINGTON ( CN ) — Republicans on Wednesday retained a vice grip over relief for millions of Americans still enduring the 11th month of a pandemic that has killed more than 330,000 .
The Senate is now poised to override President Donald Trump ’ s veto of the National Defense Authorization Act later this week .
It includes funding for everything from pay raises for the military to the provision of personal protective equipment , to extended leave benefits for working military families and massive investment in cybersecurity defense and intelligence missions .
Uncontroversial in its passage for six decades @ @ @ @ @ @ @ one Senate Majority Leader Mitch McConnell has vowed to see passed .
Democratic Senator Ed Markey of Massachusetts and Vermont independent Bernie Sanders however , swore on Wednesday they would stall the Senate ’ s vote to override Trump ’ s veto .
“ All we are asking is , allow members of the United States Senate to cast a vote .
If you want to vote against giving constituents $ 2,000 , vote against it… All we are asking for is a vote .
What ’ s the problem ?
” Sanders @ @ @ @ @ @ @ to secure delivery of $ 2,000 direct stimulus checks , already approved by the House via the CASH Act , short for Caring for Americans with Supplemental Help .
Those lawmakers — joined by the Senate ’ s Minority Leader Chuck Schumer and others — urged the Senate ’ s chief scheduler to bring the bill to the floor for a vote .
McConnell has tied those checks to separate legislation in a nod to Trump ’ s fervent demands when he first vetoed the NDAA .
McConnell stymied the $ 2,000 direct @ @ @ @ @ @ @ ’ s pet issue : The removal of liability protections for social media companies through the repeal of Section 230 of the Telecommunications Decency Act and the upstart of a committee to investigate election integrity in 2020 .
“ The Senate is not going to split apart the three issues that President Trump linked together just because Democrats are afraid to address two of them , ” McConnell said from the floor .
“ The Senate ’ s not going to be bullied into rushing out more borrowed money into the hands of @ @ @ @ @ @ @ t need the help .
We just approved almost a trillion dollars in aid three days ago.
” But unlike Republican claims from the Senate floor Wednesday , Senator Dick Durbin , a Democrat from Illinois , explained funds would not go to the wealthiest 1 % of families .
In Texas alone , people in cars lined up on interstates , queuing for food assistance only later to describe harrowing circumstances , like being volunteers at the same food bank at which they now begged for help .
“ These were people @ @ @ @ @ @ @ ” Durbin said .
“ Misfortune has come their way and the question is : Will we help ?
This is our opportunity today.
” While lawmakers have intermittently interjected their opinions throughout the week on sending a $ 2,000 stimulus to American families , Wednesday ’ s 80-12 vote lurched the Senate ’ s legislative process forward .
Tomorrow , senators will vote on whether to override the president ’ s rejection of the NDAA .

Republicans on Wednesday retained a vice grip over relief for millions of Americans still enduring the 11th month of a pandemic that has killed more than 330,000.
WASHINGTON (CN) — Republicans on Wednesday retained a vice grip over relief for millions of Americans still enduring the 11th month of a pandemic that has killed more than 330,000.
The Senate is now poised to override President Donald Trump’s veto of the National Defense Authorization Act later this week. It includes funding for everything from pay raises for the military to the provision of personal protective equipment, to extended leave benefits for working military families and massive investment in cybersecurity defense and intelligence missions.
Uncontroversial in its passage for six decades, the $740 billion fund is one Senate Majority Leader Mitch McConnell has vowed to see passed.
Democratic Senator Ed Markey of Massachusetts and Vermont independent Bernie Sanders however, swore on Wednesday they would stall the Senate’s vote to override Trump’s veto.
“All we are asking is, allow members of the United States Senate to cast a vote. If you want to vote against giving constituents $2,000, vote against it… All we are asking for is a vote. What’s the problem?” Sanders said.
Their maneuvering is an attempt to secure delivery of $2,000 direct stimulus checks, already approved by the House via the CASH Act, short for Caring for Americans with Supplemental Help. Those lawmakers — joined by the Senate’s Minority Leader Chuck Schumer and others — urged the Senate’s chief scheduler to bring the bill to the floor for a vote.
McConnell has tied those checks to separate legislation in a nod to Trump’s fervent demands when he first vetoed the NDAA.
McConnell stymied the $2,000 direct payments Wednesday night in favor of Trump’s pet issue: The removal of liability protections for social media companies through the repeal of Section 230 of the Telecommunications Decency Act and the upstart of a committee to investigate election integrity in 2020.
“The Senate is not going to split apart the three issues that President Trump linked together just because Democrats are afraid to address two of them,” McConnell said from the floor. “The Senate’s not going to be bullied into rushing out more borrowed money into the hands of Democrats’ rich friends who don’t need the help. We just approved almost a trillion dollars in aid three days ago.”
But unlike Republican claims from the Senate floor Wednesday, Senator Dick Durbin, a Democrat from Illinois, explained funds would not go to the wealthiest 1% of families.
In Texas alone, people in cars lined up on interstates, queuing for food assistance only later to describe harrowing circumstances, like being volunteers at the same food bank at which they now begged for help.
“These were people who were not lazy at all,” Durbin said. “Misfortune has come their way and the question is: Will we help? This is our opportunity today.”
While lawmakers have intermittently interjected their opinions throughout the week on sending a $2,000 stimulus to American families, Wednesday’s 80-12 vote lurched the Senate’s legislative process forward. Tomorrow, senators will vote on whether to override the president’s rejection of the NDAA.


Top Eight

Your Wednesday night briefing from the staff of Courthouse News Top eight stories for today including the House of Commons overwhelmingly backed a trade deal the British government reached with the European Union to keep goods flowing across the English Channel after Britain leaves the bloc ; Nashville police went on the defensive amid reports they were warned last year about the man who detonated a bomb on a downtown street Christmas morning ; The CDC urged Americans to step up social distancing and other measures to curb the spread of Covid-19 as a new strain circulates , and more @ @ @ @ @ @ @ Eight , a roundup of the day ’ s top stories delivered directly to your inbox Monday through Friday .
1 . )
Officials from the Centers for Disease Control and Prevention urged Americans on Wednesday to step up social distancing and other measures to curb the spread of Covid-19 , a day after confirming a more contagious strain of the virus had reached the United States .
2 . )
Against the warning from top Republicans that such a challenge would go down “ like a shot dog , ” Senator Josh @ @ @ @ @ @ @ s first effort to unwind the Electoral College certification of President-elect Joe Biden ’ s November win .
3 . )
Nashville police went on the defensive Wednesday amid reports the girlfriend of the man who detonated a bomb Christmas morning on a downtown street had warned them in August 2019 that he was building bombs in an RV at his home .
4 . )
Seeking to close a student learning gap exacerbated by the coronavirus pandemic , California Governor Gavin Newsom announced $ 2 billion in financial incentives Wednesday aimed at @ @ @ @ @ @ @ as early as February .
5 . )
Minnesota ’ s highest court unanimously upheld the state ’ s nonconsensual-porn statute Wednesday , bringing holiday cheer to privacy advocates and a year-end letdown to free-speech groups .
6 . )
After four and a half years of acrimonious debate over Brexit , the House of Commons on Wednesday overwhelmingly backed a trade deal the British government reached with the European Union to keep goods flowing across the English Channel after Britain leaves the bloc on New Year ’ s Day .
7 .
@ @ @ @ @ @ @ Wednesday reached a major business investment deal that lets European firms into lucrative Chinese markets and calls for China to ban forced labor and ramp up efforts to protect the environment .
8 . )
Authorizing its second Covid-19 vaccine , Britain became the first country to give the green light to an affordable , easy-to-store vaccine made by Oxford University and AstraZeneca Wednesday .

Top eight stories for today including the House of Commons overwhelmingly backed a trade deal the British government reached with the European Union to keep goods flowing across the English Channel after Britain leaves the bloc; Nashville police went on the defensive amid reports they were warned last year about the man who detonated a bomb on a downtown street Christmas morning; The CDC urged Americans to step up social distancing and other measures to curb the spread of Covid-19 as a new strain circulates, and more.
Your Wednesday night briefing from the staff of Courthouse News
Top eight stories for today including the House of Commons overwhelmingly backed a trade deal the British government reached with the European Union to keep goods flowing across the English Channel after Britain leaves the bloc; Nashville police went on the defensive amid reports they were warned last year about the man who detonated a bomb on a downtown street Christmas morning; The CDC urged Americans to step up social distancing and other measures to curb the spread of Covid-19 as a new strain circulates, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) Officials from the Centers for Disease Control and Prevention urged Americans on Wednesday to step up social distancing and other measures to curb the spread of Covid-19, a day after confirming a more contagious strain of the virus had reached the United States.
FILE - In this Nov. 24, 2020, file photo, registered nurse Chrissie Burkhiser works in the emergency room at Scotland County Hospital in Memphis, Mo. Scientists say there is reason for concern but not alarm about new strains of the coronavirus, especially the one currently spreading in England. (AP Photo/Jeff Roberson, File)
2.) Against the warning from top Republicans that such a challenge would go down “like a shot dog,” Senator Josh Hawley on Wednesday mounted the body’s first effort to unwind the Electoral College certification of President-elect Joe Biden’s November win.
Sen. Josh Hawley, R-Mo., speaks during a confirmation hearing for Supreme Court nominee Amy Coney Barrett on Oct. 12, 2020. (AP Photo/Susan Walsh, Pool, File)
Regional
3.) Nashville police went on the defensive Wednesday amid reports the girlfriend of the man who detonated a bomb Christmas morning on a downtown street had warned them in August 2019 that he was building bombs in an RV at his home.
A vehicle destroyed in a Christmas Day explosion remains on the street Tuesday, Dec. 29, 2020, in Nashville, Tenn. Officials have named 63-year-old Anthony Quinn Warner as the man behind the bombing in which he was killed, but the motive has remained elusive. (AP Photo/Mark Humphrey)
4.) Seeking to close a student learning gap exacerbated by the coronavirus pandemic, California Governor Gavin Newsom announced $2 billion in financial incentives Wednesday aimed at encouraging schools to safely relaunch in-person instruction as early as February.
FILE - In this photo, Gov. Gavin Newsom holds a face mask as he urges people to wear them to fight the spread of the coronavirus during a news conference in Rancho Cordova, Calif. (AP Photo/Rich Pedroncelli, Pool, File)
5.) Minnesota’s highest court unanimously upheld the state’s nonconsensual-porn statute Wednesday, bringing holiday cheer to privacy advocates and a year-end letdown to free-speech groups.
The Minnesota Supreme Court Chamber, located inside the Minnesota State Capitol in St. Paul. (Photo via Jonathunder/Wikipedia Commons)
International
6.) After four and a half years of acrimonious debate over Brexit, the House of Commons on Wednesday overwhelmingly backed a trade deal the British government reached with the European Union to keep goods flowing across the English Channel after Britain leaves the bloc on New Year’s Day.
A pro-EU protestor stands in Parliament Square as the House of Commons debated the EU (Future Relationship) Bill in London Dec. 30, 2020. (Frank Augstein/AP)
7.) The European Union and China on Wednesday reached a major business investment deal that lets European firms into lucrative Chinese markets and calls for China to ban forced labor and ramp up efforts to protect the environment.
A screen displays live Chinese President Xi Jinping, top left, European Council President Charles Michel, top right, European Commission President Ursula von der Leyen, bottom right, French President Emmanuel Macron, bottom center, and German Chancellor Angela Merkel during an EU-China Leaders' meeting video conference at the European Council headquarters in Brussels, Wednesday, Dec. 30, 2020. The European Union top officials and China president Xi Jinping will conclude Wednesday a business investment deal that will open big opportunities to European companies, with the potential to irk the new American administration. (Johanna Geron, Pool Photo via AP)
8.) Authorizing its second Covid-19 vaccine, Britain became the first country to give the green light to an affordable, easy-to-store vaccine made by Oxford University and AstraZeneca Wednesday.


courthousenews--2020-12-30--Americans Urged to Keep Guard Up as New Virus Strain Spreads

( CN ) — Officials from the Centers for Disease Control and Prevention urged Americans on Wednesday to step up social distancing and other measures to curb the spread of Covid-19 , a day after confirming a more contagious strain of the virus had reached the United States .
The CDC also confirmed another variant of the coronavirus originating from South Africa is turning up in other countries and may soon appear in the U.S. “ Both of these variants appear to infect people more easily , ” said Dr. Henry Walke , the CDC ’ s Covid-19 incident manager @ @ @ @ @ @ @ There is no evidence that either of these variants causes more severe disease or increases the risk of death.
” But an increased number of cases caused by these more contagious versions of the coronavirus could “ put even more strain on our heavily burdened health care systems , ” Walke warned .
On Tuesday , the Colorado State Laboratory announced a man tested positive for a new coronavirus strain emanating from the United Kingdom .
The man , a Colorado National Guardsman , has not traveled recently , indicating the strain is @ @ @ @ @ @ @ There is a lot we don ’ t know about this new Covid-19 variant , but scientists in the United Kingdom are warning the world that it is significantly more contagious , ” Colorado Governor Jared Polis said in a statement .
Since then , Colorado health officials say another guardsman may have contracted the coronavirus variant , known as B.1.1.7 .
Both men were working in a nursing home dealing with a Covid-19 outbreak .
Dr. Greg Armstrong , director of the CDC ’ s Office of Advanced Molecular Detection , told @ @ @ @ @ @ @ may match the mutation , including California and Massachusetts .
The CDC is working with a national laboratory to test samples from around the country to gauge how prevalent the strain is .
“ We anticipate getting some data back from that in the next couple of days , ” Armstrong said .
“ There are lots of laboratories that have this capacity around the U.S. and we ’ ve heard anecdotally and directly that a lot of them are looking for this variant right now , ” he added .
Walke said @ @ @ @ @ @ @ current vaccines will be effective on these coronavirus strains .
But he admitted health officials do not know how the variants will respond to drugs and other Covid-19 treatments of those infected .
CDC officials also responded to criticisms that the vaccines are not being dispensed as quickly as previously assured .
On Dec. 1 , a CDC panel estimated 20 million vaccines would be available by the end of the month .
Yet , as of Wednesday , only 12.4 million doses were distributed with just 2.5 million people receiving the first @ @ @ @ @ @ @ One of the most vocal critics of the vaccine rollout has been President-elect Joe Biden .
“ The Trump administration plan to distribute vaccines is falling behind — far behind , ” Biden said on Tuesday from his transition team headquarters in Delaware .
“ If vaccinations continue at this pace , it will take years , not months , to vaccinate the American people , ” Biden added .
Dr. Nancy Messonnier , director of the National Center for Immunization and Respiratory Diseases , which is part of the CDC , recognized @ @ @ @ @ @ @ of the vaccines .
When setting up a vaccination clinic or entering a long-term care facility , she said , health officials want to be sure there is enough doses for everyone .
“ So , the process does involve making sure that the vaccine is fully available before launching , ” she said .
Still , Messonnier defended the “ largest vaccine rollout in the country ’ s history.
” “ It ’ s important to remember it ’ s been less than a year since we found out about this virus @ @ @ @ @ @ @ that the first vaccine was authorized for use , ” she said .
“ I really expect those numbers are going to increase fast next week.
” More than 19.6 million Americans have contracted the coronavirus over the last eight months , according to Johns Hopkins University .
Nearly 341,000 have died from the respiratory disease .

Officials from the Centers for Disease Control and Prevention urged Americans on Wednesday to step up social distancing and other measures to curb the spread of Covid-19, a day after confirming a more contagious strain of the virus had reached the United States.
(CN) — Officials from the Centers for Disease Control and Prevention urged Americans on Wednesday to step up social distancing and other measures to curb the spread of Covid-19, a day after confirming a more contagious strain of the virus had reached the United States.
The CDC also confirmed another variant of the coronavirus originating from South Africa is turning up in other countries and may soon appear in the U.S.
“Both of these variants appear to infect people more easily,” said Dr. Henry Walke, the CDC’s Covid-19 incident manager, in a press call. “There is no evidence that either of these variants causes more severe disease or increases the risk of death.”
But an increased number of cases caused by these more contagious versions of the coronavirus could “put even more strain on our heavily burdened health care systems,” Walke warned.
On Tuesday, the Colorado State Laboratory announced a man tested positive for a new coronavirus strain emanating from the United Kingdom. The man, a Colorado National Guardsman, has not traveled recently, indicating the strain is circulating between people in the U.S.
“There is a lot we don’t know about this new Covid-19 variant, but scientists in the United Kingdom are warning the world that it is significantly more contagious,” Colorado Governor Jared Polis said in a statement.
Since then, Colorado health officials say another guardsman may have contracted the coronavirus variant, known as B.1.1.7. Both men were working in a nursing home dealing with a Covid-19 outbreak.
Dr. Greg Armstrong, director of the CDC’s Office of Advanced Molecular Detection, told reporters other states have coronavirus samples that may match the mutation, including California and Massachusetts. The CDC is working with a national laboratory to test samples from around the country to gauge how prevalent the strain is.
“We anticipate getting some data back from that in the next couple of days,” Armstrong said.
“There are lots of laboratories that have this capacity around the U.S. and we’ve heard anecdotally and directly that a lot of them are looking for this variant right now,” he added.
Walke said the CDC’s experts believe the current vaccines will be effective on these coronavirus strains. But he admitted health officials do not know how the variants will respond to drugs and other Covid-19 treatments of those infected.
CDC officials also responded to criticisms that the vaccines are not being dispensed as quickly as previously assured.
On Dec. 1, a CDC panel estimated 20 million vaccines would be available by the end of the month. Yet, as of Wednesday, only 12.4 million doses were distributed with just 2.5 million people receiving the first shot, according to the CDC.
One of the most vocal critics of the vaccine rollout has been President-elect Joe Biden.
“The Trump administration plan to distribute vaccines is falling behind — far behind,” Biden said on Tuesday from his transition team headquarters in Delaware.
“If vaccinations continue at this pace, it will take years, not months, to vaccinate the American people,” Biden added.
Dr. Nancy Messonnier, director of the National Center for Immunization and Respiratory Diseases, which is part of the CDC, recognized the gap in the distribution and administration of the vaccines.
When setting up a vaccination clinic or entering a long-term care facility, she said, health officials want to be sure there is enough doses for everyone.
“So, the process does involve making sure that the vaccine is fully available before launching,” she said.
Still, Messonnier defended the “largest vaccine rollout in the country’s history.”
“It’s important to remember it’s been less than a year since we found out about this virus, and just 20 days ago, that the first vaccine was authorized for use,” she said. “I really expect those numbers are going to increase fast next week.”
More than 19.6 million Americans have contracted the coronavirus over the last eight months, according to Johns Hopkins University. Nearly 341,000 have died from the respiratory disease.


courthousenews--2020-12-30--Into a Stone-Faced Senate, Hawley Howls GOP’s First Challenge to Biden Win

WASHINGTON ( CN ) — Against the warning from top Republicans that such a challenge would go down “ like a shot dog , ” Senator Josh Hawley on Wednesday mounted the body ’ s first effort to unwind the Electoral College certification of President-elect Joe Biden ’ s November win .
A Missouri Republican , Hawley said he could not certify the results while there are concerns that Facebook and Twitter interfered in the 2020 election to support Biden .
Hawley did not provide any evidence of such concerns , which he raised this morning along with questions about @ @ @ @ @ @ @ follow their own state election laws.
” “ At the very least , Congress should investigate allegations of voter fraud and adopt measures to secure the integrity of our elections .
But Congress has so far failed to act , ” Hawley said in a statement Wednesday .
As the first lawmaker in the Senate to announce his objection formally , Hawley has set off the parliamentary process for Congress to debate Biden ’ s certification during a long anticipated joint session between the House and Senate on January 6 .
Just last @ @ @ @ @ @ @ John Thune issued warning against any bid by his fellow Republicans in Congress who would entertain objections to results already determined by the American people and made official by the Electoral College .
“ I think the thing to remember is , it ’ s not going anywhere , ” said Thune , who ranks just one rung below the most powerful lawmaker in the Senate , Majority Leader Mitch McConnell .
“ I mean in the Senate , it would go down like a shot dog .
“ I just don ’ @ @ @ @ @ @ @ sense to put everybody through this when you know what the ultimate outcome is going to be , ” Thune told CNN on Dec. 21 .
Thune did not immediately return request for comment Wednesday .
McConnell meanwhile has reportedly urged members of his caucus to avoid a dust-up on Jan. 6 .
If Republicans force a challenge as Hawley has done today , it would force the Senate to vote against President Donald Trump — a prospect McConnell has proven loath to do .
Nonetheless , a small group of House Republicans @ @ @ @ @ @ @ a former district attorney first elected to the seat in 2011 , have for weeks heralded objections to Biden ’ s victory .
Brooks and a few others like Georgia Representative Jody Hice have parroted Trump ’ s theories that the election was “ stolen.
” The Justice Department — with its decision issued by Trump ’ s own appointees — found no fraud in the 2020 election .
The U.S. Election Assistance Commission , the Homeland Security Department ’ s Cybersecurity and Infrastructure Security Agency , and the Elections Infrastructure Government Coordination @ @ @ @ @ @ @ “ the most secure in American history , ” finding “ no evidence that any voting system deleted or lost votes , changed votes , or was in any way compromised.
” Trump fired the head of the Cybersecurity and Infrastructure Security Agency , Chris Krebs , five days after that announcement , going on to launch one failed legal pursuit after another in courts across a near dozen states .
Nearly 60 times and counting , claims of dead voters casting ballots and changing identities , or assertions of voter purges either @ @ @ @ @ @ @ most gossamer threads of legal theory , have failed in court .
Trump ’ s legal team pressed their luck most recently at the U.S. Supreme Court , this time asking for hundreds of thousands of ballots to be discounted on an allegation that voters in Wisconsin used the Covid-19 pandemic —which has now killed over 330,000 Americans — to forgo voter ID requirements and cast bogus ballots .
The high court swatted away similar challenges from the Trump campaign , most recently , one from Texas .
The nation now awaits a @ @ @ @ @ @ @ challenge to mail-in ballots cast in Pennsylvania .
Trump attorneys want new electors — Republican electors — to be appointed in Pennsylvania .
Biden defeated Trump there by more than 70,000 votes .
Hawley ’ s addition on Wednesday to the small chorus of GOP voices singing Trump ’ s election reveries does little good for their bid to overturn Biden ’ s victory .
At most , it is shaping up to distract from a forgone conclusion : Biden will be sworn in as the 46th president of the United States on @ @ @ @ @ @ @ he has about a dozen members in the House who would join him , but even with twice that number the prospect of overcoming the Democrat-controlled body is nil .
On Jan. 6 , the House and Senate will convene together to certify that Biden earned more Electoral College votes than Trump , at 306 to 232 .
During the count , objections must be submitted in writing for consideration .
Lawmakers then have two hours — and no more — to weigh the objections in private or with remarks on the floor @ @ @ @ @ @ @ vote on whether to uphold the objection or move on .
The only way an objection succeeds , however , is if both the House and Senate agree to it .
Representative Jamie Raskin , a Maryland Democrat , said in a phone interview that if Republican lawmakers opt to launch their delays , the length of it will depend on how many states are involved .
“ There ’ s no indication of how many there will actually be , ’ Raskin said .
“ I ’ m sure members seeking to @ @ @ @ @ @ @ their state be included in this marathon charade.
” Regarding Hawley , Raskin said the senator has “ no valid ground for objecting to any of the electors coming in or any of the electoral votes that came in.
” “ More than 80 judges have considered all of these complaints and rejected them in more than 50 cases , ” Raskin said .
“ This is the most litigated presidential election in American history , and that would include Bush v. Gore , and all of them except for one have ended @ @ @ @ @ @ @ ” Trump ’ s sole win so far involves the curing of uncounted mail-in ballots from voters who failed to follow up with proof of ID in Pennsylvania .
Raskin , a constitutional scholar for more than 20 years , said Hawley ’ s decision “ cuts against the basic principle of democracy , ” “ Here , the people rule , and the people have spoken .
Joe Biden got more than 7 million votes over President Trump and defeated him in the Electoral College — and with a margin there that @ @ @ @ @ @ @ , ’ ” the Maryland Democrat said .
Another blistering critique of election challenges came from Republican Representative Adam Kinzinger of Illinois .
“ Internal monologue , ” Kinzinger wrote of Hawley on Twitter Wednesday afternoon .
“ ‘ I want to be President so I decided to try to get POTUS to tweet saying I ’ m great even though I know this isn ’ t going anywhere but hey… I ’ ll blame someone else when it fails.
” Senator Hawley did not return a request for comment .

Against the warning from top Republicans that such a challenge would go down “like a shot dog,” Senator Josh Hawley on Wednesday mounted the body’s first effort to unwind the Electoral College certification of President-elect Joe Biden’s November win.
WASHINGTON (CN) — Against the warning from top Republicans that such a challenge would go down “like a shot dog,” Senator Josh Hawley on Wednesday mounted the body’s first effort to unwind the Electoral College certification of President-elect Joe Biden’s November win.
A Missouri Republican, Hawley said he could not certify the results while there are concerns that Facebook and Twitter interfered in the 2020 election to support Biden. Hawley did not provide any evidence of such concerns, which he raised this morning along with questions about how Pennsylvania and others “failed to follow their own state election laws.”
“At the very least, Congress should investigate allegations of voter fraud and adopt measures to secure the integrity of our elections. But Congress has so far failed to act,” Hawley said in a statement Wednesday.
As the first lawmaker in the Senate to announce his objection formally, Hawley has set off the parliamentary process for Congress to debate Biden’s certification during a long anticipated joint session between the House and Senate on January 6.
Just last week, however, Senate Majority Whip John Thune issued warning against any bid by his fellow Republicans in Congress who would entertain objections to results already determined by the American people and made official by the Electoral College.
“I think the thing to remember is, it’s not going anywhere,” said Thune, who ranks just one rung below the most powerful lawmaker in the Senate, Majority Leader Mitch McConnell. “I mean in the Senate, it would go down like a shot dog.
"I just don't think it makes a lot of sense to put everybody through this when you know what the ultimate outcome is going to be,” Thune told CNN on Dec. 21.
Thune did not immediately return request for comment Wednesday. McConnell meanwhile has reportedly urged members of his caucus to avoid a dust-up on Jan. 6.
If Republicans force a challenge as Hawley has done today, it would force the Senate to vote against President Donald Trump — a prospect McConnell has proven loath to do.
Nonetheless, a small group of House Republicans led by Alabama Representative Mo Brooks, a former district attorney first elected to the seat in 2011, have for weeks heralded objections to Biden’s victory.
Brooks and a few others like Georgia Representative Jody Hice have parroted Trump’s theories that the election was “stolen.”
The Justice Department — with its decision issued by Trump’s own appointees — found no fraud in the 2020 election. The U.S. Election Assistance Commission, the Homeland Security Department’s Cybersecurity and Infrastructure Security Agency, and the Elections Infrastructure Government Coordination Council also declared the Nov. 3 election “the most secure in American history,” finding “no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised.”
Trump fired the head of the Cybersecurity and Infrastructure Security Agency, Chris Krebs, five days after that announcement, going on to launch one failed legal pursuit after another in courts across a near dozen states.
Nearly 60 times and counting, claims of dead voters casting ballots and changing identities, or assertions of voter purges either never proven or held together with the most gossamer threads of legal theory, have failed in court.
Trump’s legal team pressed their luck most recently at the U.S. Supreme Court, this time asking for hundreds of thousands of ballots to be discounted on an allegation that voters in Wisconsin used the Covid-19 pandemic —which has now killed over 330,000 Americans — to forgo voter ID requirements and cast bogus ballots.
The high court swatted away similar challenges from the Trump campaign, most recently, one from Texas. The nation now awaits a potential ruling from the justices on a challenge to mail-in ballots cast in Pennsylvania. Trump attorneys want new electors — Republican electors — to be appointed in Pennsylvania. Biden defeated Trump there by more than 70,000 votes.
Hawley’s addition on Wednesday to the small chorus of GOP voices singing Trump’s election reveries does little good for their bid to overturn Biden’s victory. At most, it is shaping up to distract from a forgone conclusion: Biden will be sworn in as the 46th president of the United States on Jan. 20.
Brooks said this week he has about a dozen members in the House who would join him, but even with twice that number the prospect of overcoming the Democrat-controlled body is nil.
On Jan. 6, the House and Senate will convene together to certify that Biden earned more Electoral College votes than Trump, at 306 to 232. During the count, objections must be submitted in writing for consideration. Lawmakers then have two hours — and no more — to weigh the objections in private or with remarks on the floor. Then, each body casts its vote on whether to uphold the objection or move on. The only way an objection succeeds, however, is if both the House and Senate agree to it.
Representative Jamie Raskin, a Maryland Democrat, said in a phone interview that if Republican lawmakers opt to launch their delays, the length of it will depend on how many states are involved.
“There’s no indication of how many there will actually be,’ Raskin said. “I’m sure members seeking to ingratiate themselves to Donald Turmp will insist their state be included in this marathon charade.”
Regarding Hawley, Raskin said the senator has “no valid ground for objecting to any of the electors coming in or any of the electoral votes that came in.”
“More than 80 judges have considered all of these complaints and rejected them in more than 50 cases,” Raskin said. “This is the most litigated presidential election in American history, and that would include Bush v. Gore, and all of them except for one have ended with a complete repudiation of Republican claims.”
Trump’s sole win so far involves the curing of uncounted mail-in ballots from voters who failed to follow up with proof of ID in Pennsylvania.
Raskin, a constitutional scholar for more than 20 years, said Hawley’s decision “cuts against the basic principle of democracy,”
“Here, the people rule, and the people have spoken. Joe Biden got more than 7 million votes over President Trump and defeated him in the Electoral College — and with a margin there that Trump once described as a ‘landslide,’” the Maryland Democrat said.
Another blistering critique of election challenges came from Republican Representative Adam Kinzinger of Illinois.
“Internal monologue,” Kinzinger wrote of Hawley on Twitter Wednesday afternoon. “‘I want to be President so I decided to try to get POTUS to tweet saying I’m great even though I know this isn’t going anywhere but hey… I’ll blame someone else when it fails.”
Senator Hawley did not return a request for comment.


courthousenews--2020-12-30--Facebook to Close Irish Units at Center of Tax Dispute

WASHINGTON ( AFP ) — Facebook confirmed Wednesday it was closing its Irish subsidiaries at the center of a dispute on profit shifting to avoid taxes in the United States .
The California tech giant acknowledged the winding down of Facebook Ireland Holdings Unlimited Company amid a dispute with US tax authorities , which claimed the company owed billions in taxes by improperly shifting profits offshore .
A Facebook spokesperson said the move was “ part of a change that best aligns with our operating structure ” and that the holdings of the three subsidiaries were “ distributed to its @ @ @ @ @ @ @ previously reported by the Times of London and other media .
Facebook has disputed the claims from US tax authorities seeking some $ 9 billion for allegedly undervaluing intellectual property assets used by the social network .
But it noted that these assets were repatriated in July in a move which “ best aligns corporate structure with where we expect to have most of our activities and people.
” Facebook says it has paid more than $ 11 billion globally in income tax over the past three years and that its effective tax @ @ @ @ @ @ @ 20 percent .
The news comes amid stalled negotiations on a new global tax treaty which would allocate profits of multinational firms including tech giants and efforts by some countries to unilaterally impose digital taxes based on revenues .
In November , some 75 major tech players , including Google and Facebook , backed a French initiative committing them to making a “ fair tax contribution ” in countries where they operate .

Facebook confirmed Wednesday it was closing its Irish subsidiaries at the center of a dispute on profit shifting to avoid taxes in the United States.
WASHINGTON (AFP) — Facebook confirmed Wednesday it was closing its Irish subsidiaries at the center of a dispute on profit shifting to avoid taxes in the United States.
The California tech giant acknowledged the winding down of Facebook Ireland Holdings Unlimited Company amid a dispute with US tax authorities, which claimed the company owed billions in taxes by improperly shifting profits offshore.
A Facebook spokesperson said the move was "part of a change that best aligns with our operating structure" and that the holdings of the three subsidiaries were "distributed to its US parent company."
The closing was previously reported by the Times of London and other media.
Facebook has disputed the claims from US tax authorities seeking some $9 billion for allegedly undervaluing intellectual property assets used by the social network.
But it noted that these assets were repatriated in July in a move which "best aligns corporate structure with where we expect to have most of our activities and people."
Facebook says it has paid more than $11 billion globally in income tax over the past three years and that its effective tax rate over the last five years exceeds 20 percent.
The news comes amid stalled negotiations on a new global tax treaty which would allocate profits of multinational firms including tech giants and efforts by some countries to unilaterally impose digital taxes based on revenues.
In November, some 75 major tech players, including Google and Facebook, backed a French initiative committing them to making a "fair tax contribution" in countries where they operate.
© Agence France-Presse


Medical Expenses

WASHINGTON — A federal appeals court upheld a lower court ’ s ruling in favor of the Trump administration in @ @ @ @ @ to require hospitals to disclose the “ standard prices ” of common medical tests and @ @

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.


Death in Custody

AUSTIN , Texas — An appeals court in Texas dismissed claims against the city of Austin brought by the family @ @ @ @ @ himself in the head while handcuffed and seated in the backseat of a police patrol @ @ @ @ @ s claims that a police officer ’ s failure to fasten the man ’ s @ @ @ @ @ , because the death “ was not proximately caused by the unfastened seatbelt .
”


Mug Shots

AUSTIN , Texas — A person arrested on a misdemeanor DWI charge in Austin , Texas , has alleged a @ @ @ @ @ claim against the city ’ s police chief in her suit over the police department @ @ @ @ @ releasing mug shots and posting them online for 13 days , an appeals court in @ @ @ @


Cancer Drug

SAN FRANCISCO — A federal court in California dismissed a securities class action brought by firefighter and policemen ’ s @ @ @ @ @ over alleged false claims about the efficacy of a cancer treatment drug .


National Parks

DENVER — The 10th Circuit upheld the National Park Service ’ s determination that a regulation , which generally prohibits @ @ @ @ @ national parks , does not apply to park “ inholdings.
” The National Parks Conservation @ @ @ @ @ Coalition lack standing to challenge the Service ’ s approval of the 2015 Elk Reduction @ @ @ @ @ Park .


courthousenews--2020-12-31--Judge Denies Hollywood Talent Agency’s Bid to End Writers Guild Boycott

LOS ANGELES ( CN ) — A federal judge on Wednesday struck down a Hollywood entertainment firm ’ s effort to end a Writers Guild boycott over packaging fees , finding that the court lacks jurisdiction to enjoin the protest since it ’ s a protected labor action under federal law .
William Morris Endeavor and other top agencies sued the guild , claiming it stifled entertainment competition by directing thousands of its writers — including Tina Fey and Seth MacFarlane — to fire agents who didn ’ t sign a guild pact to invalidate the fees .
Most TV @ @ @ @ @ @ @ find them work and negotiate package deals — or contracts that bundle multiple talents for a project — with studios , who in return , pay agencies packaging fees .
The guild has said the practice heavily favors studios ’ contract terms while driving down writers ’ wages , decreasing job opportunities and cutting into union fees .
The parties ’ nearly two-year legal battle over the issue has pushed talent away from agencies , plaintiffs said in court papers , adding that the guild ’ s “ illegal ” boycott violates federal @ @ @ @ @ @ @ , progress has been made on settling the dispute .
The guild agreed on Dec. 17 to restore talent firm Creative Artists Agency ’ s ability to represent screenwriters after it signed a franchise agreement ending packaging fees and reducing CAA ’ s ownership stake in affiliated production companies to 20 % .
More than 100 other talent firms , including United Talent Agency , a plaintiff in the federal lawsuit , have also signed franchise agreements with the guild this year .
The day after CAA announced its agreement , attorneys for @ @ @ @ @ @ @ Los Angeles requesting that U.S. District Court Judge Andre Birotte Jr. enjoin the guild ’ s boycott and send the matter to trial in 2021 .
Jeffrey Kessler of the firm Winston & Strawn , an attorney for WME , told Birotte the agency has lost more than a 1,000 writers and 300 showrunners due to the dispute and that the guild simply wants WME out of the industry .
WGA attorney Stacey Leyton said she was heartened by the WME statement in the media about the CAA settlement being a hopeful sign @ @ @ @ @ @ @ the negotiating table and drop its claim that the boycott is unlawful .
Kessler told Birotte that if a settlement was still possible , the talent firm would simply request the same deal CAA received which would give WME time to divest from their massive production company .
Birotte appeared to be pushing the parties to settle their claims , saying in the virtual hearing that attorneys should consider the impact the protracted legal battle was having on their clients and their families , especially during the ongoing coronavirus pandemic .
“ Real @ @ @ @ @ @ @ dispute , ” Birotte said .
Birotte sided with the guild , writing in an 8-page ruling that injunctive relief is precluded because the matter involves a protected labor dispute as defined by the Norris-LaGuardia Act .
“ While this case may involve contract negotiations , the ultimate contract negotiated will directly relate to terms and conditions of work and representation for writers in the guilds , even based upon plaintiff ’ s characterization of who defendants are and what they do , ” Birotte wrote .
“ Disputes involving the contractual means @ @ @ @ @ @ @ ) of labor representation does not convert this matter into a non-labor issue.
” The guild ’ s boycott — even if it violates Sherman Act antitrust laws , which Birotte has not said this action does — is a protected activity since it relates to writers ’ employment conditions , the ruling said .
A WME spokesperson did not immediately respond to a request for comment .
Birotte also wrote that WME failed to show the guild ’ s action had destroyed its property or led to violence or criminal acts which @ @ @ @ @ @ @ potentially lead to injunctive relief .
This past April , Birotte tossed the bulk of the guild ’ s claims that agencies engaged in unlawful price-fixing with studios when securing package deals for writers they represented .
The guild had also accused CAA , WME and UTA of unlawfully blacklisting other agencies that agreed to the union ’ s labor rules , but Birotte dismissed those claims as well .
A guild spokesperson did not immediately respond to an emailed request for comment on the ruling .

A federal judge on Wednesday struck down a Hollywood entertainment firm’s effort to end a Writers Guild boycott over packaging fees, finding that the court lacks jurisdiction to enjoin the protest since it’s a protected labor action under federal law.
LOS ANGELES (CN) — A federal judge on Wednesday struck down a Hollywood entertainment firm’s effort to end a Writers Guild boycott over packaging fees, finding that the court lacks jurisdiction to enjoin the protest since it’s a protected labor action under federal law.
William Morris Endeavor and other top agencies sued the guild, claiming it stifled entertainment competition by directing thousands of its writers — including Tina Fey and Seth MacFarlane — to fire agents who didn’t sign a guild pact to invalidate the fees.
Most TV and film writers hire talent agencies to find them work and negotiate package deals — or contracts that bundle multiple talents for a project — with studios, who in return, pay agencies packaging fees.
The guild has said the practice heavily favors studios’ contract terms while driving down writers’ wages, decreasing job opportunities and cutting into union fees.
The parties’ nearly two-year legal battle over the issue has pushed talent away from agencies, plaintiffs said in court papers, adding that the guild’s “illegal” boycott violates federal antitrust laws.
In recent months though, progress has been made on settling the dispute.
The guild agreed on Dec. 17 to restore talent firm Creative Artists Agency’s ability to represent screenwriters after it signed a franchise agreement ending packaging fees and reducing CAA’s ownership stake in affiliated production companies to 20%.
More than 100 other talent firms, including United Talent Agency, a plaintiff in the federal lawsuit, have also signed franchise agreements with the guild this year.
The day after CAA announced its agreement, attorneys for WME appeared virtually in federal court in Los Angeles requesting that U.S. District Court Judge Andre Birotte Jr. enjoin the guild’s boycott and send the matter to trial in 2021.
Jeffrey Kessler of the firm Winston & Strawn, an attorney for WME, told Birotte the agency has lost more than a 1,000 writers and 300 showrunners due to the dispute and that the guild simply wants WME out of the industry.
WGA attorney Stacey Leyton said she was heartened by the WME statement in the media about the CAA settlement being a hopeful sign and that the agency should come to the negotiating table and drop its claim that the boycott is unlawful.
Kessler told Birotte that if a settlement was still possible, the talent firm would simply request the same deal CAA received which would give WME time to divest from their massive production company.
Birotte appeared to be pushing the parties to settle their claims, saying in the virtual hearing that attorneys should consider the impact the protracted legal battle was having on their clients and their families, especially during the ongoing coronavirus pandemic.
“Real people are paying the price for this dispute,” Birotte said.
Birotte sided with the guild, writing in an 8-page ruling that injunctive relief is precluded because the matter involves a protected labor dispute as defined by the Norris-LaGuardia Act.
“While this case may involve contract negotiations, the ultimate contract negotiated will directly relate to terms and conditions of work and representation for writers in the guilds, even based upon plaintiff’s characterization of who defendants are and what they do,” Birotte wrote. “Disputes involving the contractual means (i.e., the ‘how’) of labor representation does not convert this matter into a non-labor issue.”
The guild’s boycott — even if it violates Sherman Act antitrust laws, which Birotte has not said this action does — is a protected activity since it relates to writers’ employment conditions, the ruling said.
A WME spokesperson did not immediately respond to a request for comment.
Birotte also wrote that WME failed to show the guild’s action had destroyed its property or led to violence or criminal acts which, under the Sherman Act, could potentially lead to injunctive relief.
This past April, Birotte tossed the bulk of the guild’s claims that agencies engaged in unlawful price-fixing with studios when securing package deals for writers they represented.
The guild had also accused CAA, WME and UTA of unlawfully blacklisting other agencies that agreed to the union’s labor rules, but Birotte dismissed those claims as well.
A guild spokesperson did not immediately respond to an emailed request for comment on the ruling.


courthousenews--2020-12-31--Minneapolis Police Release Bodycam Footage of Fatal Shooting

MINNEAPOLIS ( CN ) — Minneapolis police released body camera footage Thursday of a fatal exchange of gunfire with a Black man that brought protests back to South Minneapolis Wednesday night .
The slain man , who police say opened fire on officers first , was identified by his father Thursday morning as 23-year-old Dolal Idd , a member of the Twin Cities metro ’ s large Somali community .
Police have yet to confirm that identification .
Police Chief Medaria Arradondo said that gunfire erupted during a traffic stop of a felony suspect Wednesday evening about a mile east @ @ @ @ @ @ @ George Floyd ’ s arrest and subsequent death sparked nationwide protests and riots this summer and spurred a fierce debate in Minneapolis as to whether the department can be effectively reformed .
Wednesday ’ s event was the first police shooting in Minneapolis since Floyd ’ s death in late May .
The released footage shows an officer approaching a small white sedan in the snowy parking lot of a gas station at the intersection of 36th Street and Cedar Avenue , a major thoroughfare through southeast Minneapolis .
The officer draws his @ @ @ @ @ @ @ his hands up .
The driver attempts to peel away but is met by three police vehicles , and for a split second can be seen holding up an object .
The sedan ’ s window shatters , apparently outward , and a nearby officer shouts “ Fuck ” before the camera user and others fire just over a dozen shots at the sedan .
The shooting took place around 6:15 p.m. on Wednesday , and was quickly followed by community and government response as news spread online .
Arradondo said at a @ @ @ @ @ @ @ the man opening fire at police officers before they returned it .
A woman in the car with the slain man was not hurt , nor were any of the officers involved .
While nowhere on the scale of summertime protests and riots , the shooting drew a crowd of protesters to the gas station , chanting and at times throwing snowballs at police .
Later in the evening , tensions cooled as protesters gathered at a bonfire built in the street .
As tensions ramped up on-scene through the night , Arradondo @ @ @ @ @ @ @ calm .
Arradondo said Wednesday that the Bureau of Criminal Apprehension was at the scene collecting evidence on the shooting and urged protesters to remain calm and avoid damaging the crime scene .
“ We can not allow for destructive criminal behavior .
The city has gone through too much .
And so if , in fact , those demonstrations or protests should evolve into civil unrest , I will make the decisions in terms of how we can try to peacefully resolve that , ” he said .
“ I want to @ @ @ @ @ @ @ are out there , that we respect you exercising your First Amendment rights , but we need to keep our officers safe , and we need to keep our community members safe.
” Arradondo promised to release the footage Thursday , and it was made available shortly after 4 p.m. Trust between the Minneapolis Police Department and the city ’ s residents has been thin in recent months , with many skeptical of police-released information after early press releases about Floyd ’ s death bore no mention of the officer who knelt on @ @ @ @ @ @ @ city erupted into a second round of riots in August after a Black homicide suspect committed suicide in the city ’ s downtown after rumors spread that police had killed him .
Civil unrest stopped only after the city released surveillance footage of the suicide .
Idd ’ s father , Bayle Gelle of the Minneapolis suburb of Eden Prairie , said Thursday morning that police had raided his home after the shooting and detained its residents .
“ The police , they are brutality , ” he told reporters .
“ I @ @ @ @ @ @ @ Star Tribune reported that Idd had been previously arrested on gun-related charges , including a 2018 incident in which he allegedly fired a gun in his parents ’ home and another in which he was arrested with a 9mm handgun which had been reported stolen in North Dakota .

MINNEAPOLIS (CN) — Minneapolis police released body camera footage Thursday of a fatal exchange of gunfire with a Black man that brought protests back to South Minneapolis Wednesday night.
The slain man, who police say opened fire on officers first, was identified by his father Thursday morning as 23-year-old Dolal Idd, a member of the Twin Cities metro’s large Somali community. Police have yet to confirm that identification.
Police Chief Medaria Arradondo said that gunfire erupted during a traffic stop of a felony suspect Wednesday evening about a mile east of Cup Foods.
That is where George Floyd’s arrest and subsequent death sparked nationwide protests and riots this summer and spurred a fierce debate in Minneapolis as to whether the department can be effectively reformed. Wednesday’s event was the first police shooting in Minneapolis since Floyd’s death in late May.
The released footage shows an officer approaching a small white sedan in the snowy parking lot of a gas station at the intersection of 36th Street and Cedar Avenue, a major thoroughfare through southeast Minneapolis.
The officer draws his gun and orders the driver to put his hands up. The driver attempts to peel away but is met by three police vehicles, and for a split second can be seen holding up an object. The sedan’s window shatters, apparently outward, and a nearby officer shouts “Fuck” before the camera user and others fire just over a dozen shots at the sedan.
The shooting took place around 6:15 p.m. on Wednesday, and was quickly followed by community and government response as news spread online. Arradondo said at a press conference Wednesday night that witnesses reported the man opening fire at police officers before they returned it. A woman in the car with the slain man was not hurt, nor were any of the officers involved.
While nowhere on the scale of summertime protests and riots, the shooting drew a crowd of protesters to the gas station, chanting and at times throwing snowballs at police. Later in the evening, tensions cooled as protesters gathered at a bonfire built in the street.
As tensions ramped up on-scene through the night, Arradondo and Minneapolis Mayor Jacob Frey called for calm. Arradondo said Wednesday that the Bureau of Criminal Apprehension was at the scene collecting evidence on the shooting and urged protesters to remain calm and avoid damaging the crime scene.
“We cannot allow for destructive criminal behavior. The city has gone through too much. And so if, in fact, those demonstrations or protests should evolve into civil unrest, I will make the decisions in terms of how we can try to peacefully resolve that,” he said. “I want to stress this again, for those who are out there, that we respect you exercising your First Amendment rights, but we need to keep our officers safe, and we need to keep our community members safe.”
Arradondo promised to release the footage Thursday, and it was made available shortly after 4 p.m.
Trust between the Minneapolis Police Department and the city’s residents has been thin in recent months, with many skeptical of police-released information after early press releases about Floyd’s death bore no mention of the officer who knelt on his neck for several minutes.
The city erupted into a second round of riots in August after a Black homicide suspect committed suicide in the city’s downtown after rumors spread that police had killed him. Civil unrest stopped only after the city released surveillance footage of the suicide.
Idd’s father, Bayle Gelle of the Minneapolis suburb of Eden Prairie, said Thursday morning that police had raided his home after the shooting and detained its residents.
“The police,they are brutality,” he told reporters. “I want to get justice.”
The Minneapolis Star Tribune reported that Idd had been previously arrested on gun-related charges, including a 2018 incident in which he allegedly fired a gun in his parents’ home and another in which he was arrested with a 9mm handgun which had been reported stolen in North Dakota.


courthousenews--2020-12-31--Ninth Circuit Rules Trump Can Ban Immigrants Without Health Insurance

( CN ) — The Ninth Circuit on Thursday lifted a ban on President Donald Trump ’ s proclamation that bars entry to immigrants without health insurance or the means to pay for hospital bills .
In a 2-1 decision penned by U.S .
Circuit Judge Daniel Collins , a Trump appointee , the appellate court ruled that the proclamation was within the president ’ s authority and reversed a federal court decision to block implementation of the order .
Seven U.S. citizens sued the government after Trump issued the proclamation in October 2019 , claiming that it unfairly prevented @ @ @ @ @ @ @ country .
In November 2019 , U.S. District Judge Michael Simon of the District of Oregon issued a nationwide preliminary injunction of Trump ’ s proclamation while the lawsuit continued , saying it was likely illegal since it would separate family members .
Collins made reference to Trump v. Hawaii , the Supreme Court case that found the president has the authority to add immigration restrictions so long as they do not contradict established law .
“ Nothing in Trump v. Hawaii requires a bright-line trigger for terminating additional restrictions that have been @ @ @ @ @ @ @ [ of the Immigration and Nationality Act ] , ” Collins wrote .
The panel found that the proclamation did not conflict with the statutes under the INA .
U.S .
Circuit Judge A. Wallace Tashima , a Bill Clinton appointee authored a 15-page dissent .
Tashima , who was imprisoned as a child in a WWII-era Japanese internment camp , said he agreed with the district court ruling .
“ The Proclamation overrides both the Affordable Care Act ( “ ACA ” ) , which makes recently arrived lawful immigrants eligible for @ @ @ @ @ @ @ charge rule of the Immigration and Nationality Act ( “ INA ” ) , which comprehensively addresses the circumstances under which individuals may be excluded from this country due to their limited financial means or the financial burdens they will place on others , ” he wrote .
Tashima wrote that the proclamation “ has no nexus to national security , addresses a purely domestic concern ( uncompensated health care costs ) , lacks any conceivable temporal limit , and works a major overhaul of this nation ’ s immigration laws without the @ @ @ @ @ @ @ unprecedented exercise of unilateral Executive power.
” “ It strains credulity to suggest that Congress intended to authorize the President to undermine its own policy judgments , ” he wrote .

The Ninth Circuit on Thursday lifted a ban on President Donald Trump’s proclamation that bars entry to immigrants without health care or the means to pay for hospital bills.
(CN) — The Ninth Circuit on Thursday lifted a ban on President Donald Trump’s proclamation that bars entry to immigrants without health insurance or the means to pay for hospital bills.
In a 2-1 decision penned by U.S. Circuit Judge Daniel Collins, a Trump appointee, the appellate court ruled that the proclamation was within the president’s authority and reversed a federal court decision to block implementation of the order.
Seven U.S. citizens sued the government after Trump issued the proclamation in October 2019, claiming that it unfairly prevented their family members from immigrating into the country.
In November 2019, U.S. District Judge Michael Simon of the District of Oregon issued a nationwide preliminary injunction of Trump’s proclamation while the lawsuit continued, saying it was likely illegal since it would separate family members.
Collins made reference to Trump v. Hawaii, the Supreme Court case that found the president has the authority to add immigration restrictions so long as they do not contradict established law.
“Nothing in Trump v. Hawaii requires a bright-line trigger for terminating additional restrictions that have been imposed under § 212(f) [of the Immigration and Nationality Act],” Collins wrote.
The panel found that the proclamation did not conflict with the statutes under the INA.
U.S. Circuit Judge A. Wallace Tashima, a Bill Clinton appointee authored a 15-page dissent. Tashima, who was imprisoned as a child in a WWII-era Japanese internment camp, said he agreed with the district court ruling.
“The Proclamation overrides both the Affordable Care Act (“ACA”), which makes recently arrived lawful immigrants eligible for subsidized health insurance plans… and the public charge rule of the Immigration and Nationality Act (“INA”), which comprehensively addresses the circumstances under which individuals may be excluded from this country due to their limited financial means or the financial burdens they will place on others,” he wrote.
Tashima wrote that the proclamation “has no nexus to national security, addresses a purely domestic concern (uncompensated health care costs), lacks any conceivable temporal limit, and works a major overhaul of this nation’s immigration laws without the input of Congress — a sweeping and unprecedented exercise of unilateral Executive power.”
“It strains credulity to suggest that Congress intended to authorize the President to undermine its own policy judgments,” he wrote.


courthousenews--2020-12-31--California Courts Covid Update

California Courts Covid Update

Dec. 31 , 2020 : All jurors for the week of Jan. 4 are excused Dec. 30 , 2020 : @ @ @ @ @ closed to public from Dec. 30 through Jan. 22


courthousenews--2020-12-31--Austin Court Clerk Sued Under First Amendment for Holding Up News Access

AUSTIN , Texas ( CN ) — Reacting to a history of bureaucratic delays in access to news-making complaints , Courthouse News filed a First Amendment action against Austin ’ s state court clerk as the year winked out .
The complaint filed in U.S. District Court was made public as soon as it was filed .
In sharp contrast — and the reason why the suit was filed — similar petitions brought in state court are held back for one to three days .
By then the news in the new filings , which often involve matters of great @ @ @ @ @ @ @ Where news is delayed until the next day or longer , it is devalued by the delay — just as day-old bread is less likely to be consumed , the news in day-old petitions is less likely to be reported and read , because it is ‘ old news , ’ ” said the complaint .
In federal courts and in many state courts , ranging from California to New York , Hawaii to Georgia and Utah to Connecticut , access to new records is given to the press and public right away @ @ @ @ @ @ @ we have seen it implemented in other jurisdictions where there is a will to do so , ” said John Edwards , the lawyer who filed the complaint .
That will is lacking in Austin state court and in many Texas courts , said Edwards .
“ The main reason is money and the claimed concern over privacy , which is a smokescreen.
” Access delays are endemic in Texas state courts where the clerks and their chosen software company extract big chunks of revenue from the public record .
A similar First @ @ @ @ @ @ @ ’ s state court clerk , Marilyn Burgess , that is also tied to her practice of holding up access to new filings until she can offer them for sale .
In that Houston matter , the clerk and the court bureaucracy — after “ consulting ” with their software company — came up with a demand of $ 200,000 per year , in order to provide access like the federal courts .
They claimed that otherwise , timely access could not be provided in Texas state courts , the same access that @ @ @ @ @ @ @ state and federal courts as a matter of course .
“ Contrary to recent claims by Texas court officials , none of those courts have been charged an additional fee by the vendor for putting a press review queue into effect .
And none of those court clerks have claimed a duty to read through new filings to check for privacy violations , contrary to court rules placing that duty on the filer , ” said the complaint .
“ Nor have the federal courts , in giving press and public access upon @ @ @ @ @ @ @ that does not exist , nor have they demanded large cash payments in order to provide constitutionally mandated access.
” Courthouse News is represented by Edwards and Chip Babcock both with the Texas firm of Jackson Walker .
The two lawyers gained national attention with their First Amendment defense of Oprah Winfrey after she was sued in the 1990s by Texas cattlemen over remarks on her show about mad cow disease .
Like that case at the time , new civil complaints filed in court often reveal major and newsworthy battles over water @ @ @ @ @ @ @ , elections , explosions and natural cataclysms .
In the old newsrooms in federal and state courts , reporters would troop , often together , over to the clerk ’ s office to check on the new civil actions filed that day .
It was like checking a fishing line .
Some days , there was nothing .
But other days , there was a hot complaint , and the reporters would take notes , go back to the newsroom and make calls for comment , and write a story on deadline , @ @ @ @ @ @ @ front porches in the wee hours of the morning .
The advent of the internet has emptied out most of the newsrooms , mainly because of a loss of advertising dollars to social media companies and search engine companies , but that same new technology brought with it the ability to file those complaints in electronic format , through the internet .
That electronic advance in the court world , which has spread intermittently over the last two decades , made it easier than ever to provide journalists with access to new public @ @ @ @ @ @ @ filed Thursday by Courthouse News was spotted by the news service ’ s reporter in Austin on the U.S. District Court ’ s public access site , within an hour after it was filed .
Yet in the same city , the state court clerk requires that the new cases first be docketed , which means a set of time-consuming clerical tasks , before those new petitions can be seen and reported by the press .
Clerks who are challenged about the hold-up commonly trot out the stalking horse of “ privacy.
” @ @ @ @ @ @ @ filings to see if they should be private .
But at the same time , they regularly disavow that duty which , by court rule , belongs to the lawyer filing the document .
In Houston for example , court clerk Burgess has currently posted on her site : “ THE RESPONSIBILITY FOR REDACTING OF PERSONAL IDENTIFIERS RESTS SOLELY WITH COUNSEL AND THE PARTIES.
” Likewise , the Austin clerk on her website rejects any claimed duty to review documents for privacy , failing to include privacy in the list of reasons for @ @ @ @ @ @ @ rules are explicit in saying that the contents are solely the responsibility of the filing lawyer .
That contradiction between the claimed duty to review for privacy and the simultaneous disavowal of that duty has left open the question : what true reason lurks behind the stalking horse .
“ While court clerks have offered up a number of reasons to delay access , perhaps the most important reason is a threat to their revenue for charging for access to the court record , ” said Edwards .
“ The revenue generated from @ @ @ @ @ @ @ item .
It serves as a powerful reason to preclude on-receipt access because the money is not earmarked for any specific purpose .
It ’ s for anything the clerk wants.
” The complaint notes that the Texas Office of Court Administration is now operating under an agreement with Tyler Technologies , a top-500 corporation in the U.S. , where the courts and the corporation split profits from online sales of the public record .
According to the deal signed in 2018 , the local court clerks take in the money for copies @ @ @ @ @ @ @ for record searches .
That search income for Tyler comes in addition to the $ 19 million per year that Texas taxpayers currently pay the corporation .
The company also charges lawyers every time they file a document , thus setting up a virtual toll booth that takes a fee for public filings going into and coming out of the courthouse .
Tyler earns almost all its income from governmental bureaucracies that rent its software .
The publicly traded company is valued at $ 13 billion .
“ Today ’ s action against @ @ @ @ @ @ @ to put a halt to the district court clerk ’ s policy of unnecessarily delaying access to newly filed civil petitions until after administrative processing , ” said Edwards representing Courthouse News .
“ The U.S. Supreme Court and lower federal courts have held that there is a First Amendment right of timely access to court records by the public and press.
” The complaint against the Austin clerk asks for an injunction against the clerk ’ s process-before-access policy under the First Amendment of the U.S. Constitution and under Article I of @ @ @ @ @ @ @ s actions under color of state law , including without limitation the denial of timely access to new civil court petitions and Defendant ’ s elevation of herself above the news media to a favored position with respect to the publication of public court records , ” the complaint concluded , “ in order to extract income from them , deprive members of the press , including Courthouse News and by extension its subscribers , of their right of access to public court records secured by the First Amendment to the U.S. Constitution @ @

A First Amendment complaint filed in Austin’s federal court on the last day of 2020 follows the money extracted from the public record by clerks holding up access until they can make a sale.
AUSTIN, Texas (CN) — Reacting to a history of bureaucratic delays in access to news-making complaints, Courthouse News filed a First Amendment action against Austin’s state court clerk as the year winked out.
The complaint filed in U.S. District Court was made public as soon as it was filed. In sharp contrast — and the reason why the suit was filed — similar petitions brought in state court are held back for one to three days.
By then the news in the new filings, which often involve matters of great public interest, is stale.
“Where news is delayed until the next day or longer, it is devalued by the delay — just as day-old bread is less likely to be consumed, the news in day-old petitions is less likely to be reported and read, because it is ‘old news,’” said the complaint.
In federal courts and in many state courts, ranging from California to New York, Hawaii to Georgia and Utah to Connecticut, access to new records is given to the press and public right away. “It is highly practicable because we have seen it implemented in other jurisdictions where there is a will to do so,” said John Edwards, the lawyer who filed the complaint.
That will is lacking in Austin state court and in many Texas courts, said Edwards. “The main reason is money and the claimed concern over privacy, which is a smokescreen.”
Access delays are endemic in Texas state courts where the clerks and their chosen software company extract big chunks of revenue from the public record. A similar First Amendment action is now proceeding against Houston’s state court clerk, Marilyn Burgess, that is also tied to her practice of holding up access to new filings until she can offer them for sale.
In that Houston matter, the clerk and the court bureaucracy — after “consulting” with their software company — came up with a demand of $200,000 per year, in order to provide access like the federal courts. They claimed that otherwise, timely access could not be provided in Texas state courts, the same access that is provided without charge in many other state and federal courts as a matter of course.
“Contrary to recent claims by Texas court officials, none of those courts have been charged an additional fee by the vendor for putting a press review queue into effect. And none of those court clerks have claimed a duty to read through new filings to check for privacy violations, contrary to court rules placing that duty on the filer,” said the complaint. “Nor have the federal courts, in giving press and public access upon receipt, claimed to have a duty that does not exist, nor have they demanded large cash payments in order to provide constitutionally mandated access.”
Courthouse News is represented by Edwards and Chip Babcock both with the Texas firm of Jackson Walker. The two lawyers gained national attention with their First Amendment defense of Oprah Winfrey after she was sued in the 1990s by Texas cattlemen over remarks on her show about mad cow disease.
Like that case at the time, new civil complaints filed in court often reveal major and newsworthy battles over water rights, free speech, horrendous accidents, elections, explosions and natural cataclysms.
In the old newsrooms in federal and state courts, reporters would troop, often together, over to the clerk’s office to check on the new civil actions filed that day. It was like checking a fishing line. Some days, there was nothing. But other days, there was a hot complaint, and the reporters would take notes, go back to the newsroom and make calls for comment, and write a story on deadline, to be published in newspapers delivered on front porches in the wee hours of the morning.
The advent of the internet has emptied out most of the newsrooms, mainly because of a loss of advertising dollars to social media sites and search engines, but that same new technology brought with it the ability to file those complaints in electronic format, through the internet.
That electronic advance in the court world, which has spread intermittently over the last two decades, made it easier than ever to provide journalists with access to new public filings that generate news. The case filed Thursday by Courthouse News was spotted by the news service’s reporter in Austin on the U.S. District Court’s public access site, within an hour after it was filed.
Yet in the same city, the state court clerk requires that the new cases first be docketed, which means a set of time-consuming clerical tasks, before those new petitions can be seen and reported by the press. Clerks who are challenged about the hold-up commonly trot out the stalking horse of “privacy.” They claim they must review the new filings to see if they should be private.
But at the same time, they regularly disavow that duty which, by court rule, belongs to the lawyer filing the document. In Houston for example, court clerk Burgess has currently posted on her site: “THE RESPONSIBILITY FOR REDACTING OF PERSONAL IDENTIFIERS RESTS SOLELY WITH COUNSEL AND THE PARTIES.”
Likewise, the Austin clerk on her website rejects any claimed duty to review documents for privacy, failing to include privacy in the list of reasons for turning one back. And Texas court rules are explicit in saying that the contents are solely the responsibility of the filing lawyer.
That contradiction between the claimed duty to review for privacy and the simultaneous disavowal of that duty has left open the question: what true reason lurks behind the stalking horse.
“While court clerks have offered up a number of reasons to delay access, perhaps the most important reason is a threat to their revenue for charging for access to the court record,” said Edwards. “The revenue generated from selling court records is an off-budget revenue item. It serves as a powerful reason to preclude on-receipt access because the money is not earmarked for any specific purpose. It’s for anything the clerk wants.”
The complaint notes that the Texas Office of Court Administration is now operating under an agreement with Tyler Technologies, a top-500 corporation in the U.S., where the courts and the corporation split profits from online sales of the public record.
According to the deal signed in 2018, the local court clerks take in the money for copies and the corporation takes in the money for record searches. That search income for Tyler comes in addition to the $19 million per year that Texas taxpayers currently pay the corporation.
The company also charges lawyers every time they file a document, thus setting up a virtual toll booth that takes a fee for public filings going into and coming out of the courthouse. Tyler earns almost all its income from governmental bureaucracies that rent its software. The publicly traded company is valued at $13 billion.
“Today’s action against the district court clerk is an effort to put a halt to the district court clerk’s policy of unnecessarily delaying access to newly filed civil petitions until after administrative processing,” said Edwards representing Courthouse News. “The U.S. Supreme Court and lower federal courts have held that there is a First Amendment right of timely access to court records by the public and press.”
The complaint against the Austin clerk asks for an injunction against the clerk’s process-before-access policy under the First Amendment of the U.S. Constitution and under Article I of the Texas Constitution.
“Defendant’s actions under color of state law, including without limitation the denial of timely access to new civil court petitions and Defendant’s elevation of herself above the news media to a favored position with respect to the publication of public court records, in order to extract income from them,” the complaint concluded, “deprive members of the press, including Courthouse News and by extension its subscribers, of their right of access to public court records secured by the First Amendment to the U.S. Constitution.”


courthousenews--2020-12-31--Lion of a Year on Wall Street Goes Out Like a Mouse

The year ’ s hum-drum ending on Wall Street was quite different from the demoralizing valleys and bullish rallies that marked the rest of 2020 .
MANHATTAN ( CN ) — For investors , 2020 ended not with a bang but with a whimper , as markets posted meager gains to close out the last few equity trades of the year .
Thursday ’ s minor gains only added to the year ’ s overall success , as all three indices are far higher than when they started the year despite the economic ravages of the Covid-19 pandemic .
By @ @ @ @ @ @ @ Industrial Average gained 183 points after flatlining most of the day .
Overall , the Dow — which shed about 5,000 points in March , when lockdowns were first announced — has gained more than 2,500 points since January .
The S & P 500 , which suffered its fastest sell-off in history back in March , inched forward to close out the year at 3,756 points .
All told , the index gained more than 500 points in 2020 and 370 points since its pre-pandemic high of 3,386 points .
Of all @ @ @ @ @ @ @ the easiest path during the pandemic , owed mostly to its tech-heavy load .
The exchange finished 2020 at 12,888 points , a roughly 31 % increase over its February high of 9,817 points .
One of the biggest story lines in 2020 was how the Federal Reserve reacted to the economic downturn .
Many have credited the central bank ’ s various lending facilities and low interest rates with keeping markets afloat and calming nervous investors .
For 2021 , the Federal Reserve could see its ability to react somewhat neutered .
@ @ @ @ @ @ @ , Republican Senator Pat Toomey of Pennsylvania had tried to cull the central bank ’ s powers , claiming that “ we are clearly not in a financial crisis at this point.
” However , experts believe the Fed will likely take measures similar to those from late 2008 through 2015 , when the federal funds rate was kept at zero to 0.25 % .
“ As of today , every contract with at least one trade on the books expects rates to stay at 0-25 basis points through September 2022 , ” @ @ @ @ @ @ @ noting that one possibility is that rates will remain at zero for the next several years , replicating the years after the Great Recession .
Earlier this week , President Donald Trump finally relented and signed a second stimulus package , though additional relief checks worth $ 2,000 are still held up by political infighting .
“ The relief package won ’ t help until later in January .
Thus , December should be OK , but not outstanding , ” wrote analyst James Meyer of Tower Bridge Advisors in an investor ’ @ @ @ @ @ @ @ ahead .
The vaccines are rolling out at about the rate most private forecasters predicted or about half the rate the federal government promised.
” The makeup of the U.S. Senate , which should be determined after the Jan. 5 run-off in Georgia , may also play a part in how the federal government approaches the economy next year .
“ We will look to 2021 with optimism , ” Meyer continued .
“ As the year progresses , markets will tell us whether that optimism is justified .
The first big moment @ @ @ @ @ @ @ learns who controls the Senate.
” Tom Essaye of the Sevens Report agrees , noting that if Democrats win both seats , and thus control of the Senate , that could lead to market expectations being upended .
“ Specifically , if Democrats win , then expectations will rise for more economic stimulus , ” Essaye wrote .
“ But with the $ 900 billion stimulus deal already passed , it ’ ll be very interesting to see how markets , specifically bond markets , react to the prospect for even more stimulus.
@ @ @ @ @ @ @ mixed bag for Corporate America , with incredibly high unemployment due to several ravaged industries .
“ As 2021 unfolds , it will become more obvious that corporate America has created meaningful inefficiencies during the pandemic , ” said Peter Ricchiuti , a finance professor at Tulane University .
“ For white-collar employees , these could include anything from remote working to the realization that jobs could be combined and there would be less need for so many workers.
” And many blue-collar jobs could be lost forever .
Unemployment claims remain high @ @ @ @ @ @ @ weeks .
During the week ending Dec. 26 , the Labor Department reported 787,000 new claims on a seasonally adjusted basis , a slight drop from the prior week .
Jobless claims spiked at the end of March , when a record 6.6 million Americans sought benefits , and continuing claims hit their highest point in May with nearly 25 million citizens receiving unemployment benefits of some sort .
While Main Street has suffered , many on Wall Street have booked record profits .
According to an analysis by John Butters , senior @ @ @ @ @ @ @ P 500 earnings are projected to fall 13.7 % this year — the biggest annual drop since 2008 .
The energy sector looks to be the biggest loser of 2020 , posting a 107 % drop in earnings compared with last year , he found , mostly due to plunging demand for oil .
Only four sectors are projected to report year-over-year growth in earnings , Butters found , with health care leading all other sectors with an expected gain of more than 10 % .
Despite the gains in the health care @ @ @ @ @ @ @ not seen their share price grow significantly , according to Michael Hewson , chief market analyst at CMC Markets .
While smaller companies like Moderna and BioNTech have seen their stock prices skyrocket , pharma giants have not .
“ This underperformance has largely been down to the fact that the companies have pledged not to profit from the vaccine , ” Hewson wrote .
“ It ’ s been the little guy that has delivered the goods , though the scale of the big pharma companies has helped in terms of the @ @ @ @ @ @ @ greatly helped by the pandemic , though .
Technology stocks have flourished during the lockdowns , with the tech-heavy Nasdaq leading the three major U.S. indices earlier this year .
Companies like Zoom have seen their share prices increase exponentially , but in some ways Apple has been the poster child for the sector ’ s success .
The company ’ s market cap has nearly doubled over the last year , from $ 1.29 trillion at the end of 2019 to $ 2.26 trillion to round out 2020 .
On Tuesday the @ @ @ @ @ @ @ record high $ 138.79 .
Retail and financial stocks have been among the hardest-hit during Covid-19 , particularly in the early days of the pandemic .
The financial services sector was initially slammed due to concerns about bank reserves not being adequate to handle the coming recession , while later in the year the Reza Zarrab money-laundering scandal cut further into stocks .
The retail industry , already reeling from relatively bad year in 2018 , also took its share of hits , with J .
Crew , J.C. Penney and Neiman Marcus @ @ @ @ @ @ @ however , the industry enjoyed a 6.6 % year-over-year increase in sales .
“ As the pandemic subsides in the U.S. and around the world , as we get a vaccine distributed , then I think consumers are poised for a rebound , and economies are poised for a rebound and growth , ” said Matthew Shay , CEO of the National Retail Federation .
“ It will take some time , but I think we should be optimistic.
” With lockdowns keeping many in their homes , the housing and construction sectors @ @ @ @ @ @ @ .
Home prices in October rose the most in more than six years — a whopping 7.9 % year-over-year increase , compared with a 6.6 % increase the prior month — driven by gains in 19 of 20 major metropolitan markets , according to the S & P CoreLogic Case-Shiller home price index .
The index hasn ’ t seen an overall gain that large since mid-2014 , with Phoenix , Seattle , and San Diego reporting the highest year-over-year gains .
Detroit remains a month behind in compiling data .
But existing @ @ @ @ @ @ @ to data from the National Association of Realtors .
Pending home sales fell 2.6 % in November , the third monthly decline , though overall sales are up nearly 6 % year-to-date .
“ The market is incredibly swift this winter , with the listing homes going under contract on average at less than a month due to a backlog of buyers wanting to take advantage of record-low mortgage rates , ” NAR Chief Economist Lawrence Yun said in a statement .
He predicts that existing-home sales will increase about 10 % , @ @ @ @ @ @ @ % , in 2021 .
“ Economic growth is guaranteed from the stimulus package and from vaccine distribution , but high government borrowing will put modest upward pressure on interest rates , ” he said .
Not all experts expect a quick turnaround , however .
“ While strong demand and record low mortgage rates will continue to support existing home sales , we expect depleted inventories and eroding affordability to present some headwinds , ” Nancy Vanden Houten , lead economist at Oxford Economics , wrote in a research note .
As @ @ @ @ @ @ @ 2021 depends largely on the path of the virus itself .
Spikes during the summer and again in the late fall have caused the economic rebound to stutter , and a new mutation of the virus from the United Kingdom has health officials nervous .
To date , nearly 83 million cases of Covid-19 have been reported worldwide with 1.8 million deaths , according to data compiled by Johns Hopkins University .
In the United States , 19.7 million Americans have contracted the disease and more than 342,000 have died .

The year’s hum-drum ending on Wall Street was quite different from the demoralizing valleys and bullish rallies that marked the rest of 2020.
MANHATTAN (CN) — For investors, 2020 ended not with a bang but with a whimper, as markets posted meager gains to close out the last few equity trades of the year.
Thursday’s minor gains only added to the year’s overall success, as all three indices are far higher than when they started the year despite the economic ravages of the Covid-19 pandemic.
By the closing bell, the Dow Jones Industrial Average gained 183 points after flatlining most of the day. Overall, the Dow — which shed about 5,000 points in March, when lockdowns were first announced — has gained more than 2,500 points since January.
The S&P 500, which suffered its fastest sell-off in history back in March, inched forward to close out the year at 3,756 points. All told, the index gained more than 500 points in 2020 and 370 points since its pre-pandemic high of 3,386 points.
Of all three indices, the Nasdaq has had the easiest path during the pandemic, owed mostly to its tech-heavy load. The exchange finished 2020 at 12,888 points, a roughly 31% increase over its February high of 9,817 points.
One of the biggest story lines in 2020 was how the Federal Reserve reacted to the economic downturn. Many have credited the central bank’s various lending facilities and low interest rates with keeping markets afloat and calming nervous investors.
For 2021, the Federal Reserve could see its ability to react somewhat neutered. During discussions over the next stimulus package, Republican Senator Pat Toomey of Pennsylvania had tried to cull the central bank’s powers, claiming that “we are clearly not in a financial crisis at this point.”
However, experts believe the Fed will likely take measures similar to those from late 2008 through 2015, when the federal funds rate was kept at zero to 0.25%. “As of today, every contract with at least one trade on the books expects rates to stay at 0-25 basis points through September 2022,” wrote Nicolas Colas of DataTrek Research, noting that one possibility is that rates will remain at zero for the next several years, replicating the years after the Great Recession.
Earlier this week, President Donald Trump finally relented and signed a second stimulus package, though additional relief checks worth $2,000 are still held up by political infighting.
“The relief package won’t help until later in January. Thus, December should be OK, but not outstanding,” wrote analyst James Meyer of Tower Bridge Advisors in an investor’s note. “But markets look ahead. The vaccines are rolling out at about the rate most private forecasters predicted or about half the rate the federal government promised.”
The makeup of the U.S. Senate, which should be determined after the Jan. 5 run-off in Georgia, may also play a part in how the federal government approaches the economy next year.
“We will look to 2021 with optimism,” Meyer continued. “As the year progresses, markets will tell us whether that optimism is justified. The first big moment will come Wednesday morning when the market learns who controls the Senate.”
Tom Essaye of the Sevens Report agrees, noting that if Democrats win both seats, and thus control of the Senate, that could lead to market expectations being upended. “Specifically, if Democrats win, then expectations will rise for more economic stimulus,” Essaye wrote. “But with the $900 billion stimulus deal already passed, it’ll be very interesting to see how markets, specifically bond markets, react to the prospect for even more stimulus.”
The last year has been a mixed bag for Corporate America, with incredibly high unemployment due to several ravaged industries.
“As 2021 unfolds, it will become more obvious that corporate America has created meaningful inefficiencies during the pandemic,” said Peter Ricchiuti, a finance professor at Tulane University. “For white-collar employees, these could include anything from remote working to the realization that jobs could be combined and there would be less need for so many workers.”


Sheen Sued

TUCSON , Ariz. — John Doe sued actor Charlie Sheen , his driver and many involved in the production of @ @ @ @ @ “ Terminal Velocity ” on Thursday , claiming the driver hired him as an assistant @ @ @ @ @ throughout the film shoot .