courthousenews--2020-09-03--Portland Protest Medics Lose Bid to Stay When Police Disperse Crowds

PORTLAND , Ore. ( CN ) — Allowing protest medics to keep treating injured protesters as police clear away crowds using tear gas and rubber bullets would be “ unworkable ” due to the chaos of protests , a federal judge ruled Wednesday .
Protest medic Chris Wise says he was crouched over an injured protester , providing aid , when police shot him with rubber bullets .
Another medic , Jessica Schifflett , says she was trying to carry an injured elderly protester to safety while police beat her with batons .
Medics like Wise and Schifflett are volunteers @ @ @ @ @ @ @ technician .
Schifflett is a volunteer EMT and a certified medical assistant .
Other plaintiffs in the case are medical students .
Wise , Schifflett and others , wearing red tape in crosses on their backs and helmets , are a common sight at Portland ’ s protests .
Every night for nearly 100 consecutive days , volunteer medics have flushed the eyes of protesters temporarily blinded and in pain from tear gas , pressed gauze to bleeding cuts and carried wounded demonstrators away from the front lines of protests .
Four of @ @ @ @ @ @ @ the Department of Homeland Security in July , claiming police and federal agents target them with assault and arrest as a way to weaken and intimidate protesters .
The medics say providing mutual aid is a specific form of protest , and when police forcibly clear streets , shoving protesters out of their way , often beating or pepper-spraying those who don ’ t comply , the medics come to the aid of those demonstrators .
Police then violently remove the medics as they are assisting protesters — and the medics say that @ @ @ @ @ @ @ Amendment rights .
U.S. District Judge Karin Immergut rejected the medics ’ request for a temporary restraining order that would have allowed them to remain when police disperse crowds of demonstrators — only in the limited instances when a medic is actively assisting a wounded protester .
“ Although plaintiffs ’ goal of providing aid to protesters is undoubtedly admirable , this court has found no legal authority for affording protest medics , as defined by plaintiffs , unique recognition under the First Amendment beyond that afforded any individual who attends a protest @ @ @ @ @ @ @ medics may continue to protest and provide medical aid during the protests .
They simply have no unique status under the First Amendment that allows them to disregard lawful orders.
” The medics claim police used crowd-control munitions like tear gas and pepper bullets indiscriminately and also targeted such weapons at them , despite the red crosses taped or painted onto their clothing , often accompanied by the word “ medic ” in red .
But Immergut found those markings don ’ t provide adequate visibility .
“ This lack of uniformity cuts @ @ @ @ @ @ @ readily identifiable , especially when considering the chaotic situations where officers must distinguish between protest medics and other protesters through split-second judgments , ” Immergut wrote .
And the judge questioned the idea that police are specifically targeting medics , noting that in several instances where medics say police assaulted them , they weren ’ t actively providing medical care .
Instead , she found the medics were often assaulted while remaining in an area police were trying to clear .
“ It is well established that protected speech can be regulated , @ @ @ @ @ @ @ “ Regulation of speech is justified ‘ if it furthers an important or substantial governmental interest ; if the governmental interest is unrelated to the suppression of free expression ; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest.
’ “ As previously noted , under Oregon law , Portland police have authority to disperse unlawful or riotous assemblies and arrest those who do not immediately comply .
Portland police are entitled to use some level of reasonable force under @ @ @ @ @ @ @ She added : “ This court acknowledges the significance of this moment in our nation ’ s history , and the crucial role of peaceful assembly in preserving American democracy .
However , there is also a strong public interest in maintaining order and public safety.
” Attorney Rian Peck of Perkins Coie LLP , counsel for the ACLU of Oregon , had a different take : “ Deliberately attacking a medic is usually considered a war crime , ” Peck said in a statement .
“ Our clients have been shot , @ @ @ @ @ @ @ , and beaten while they were clearly marked as volunteer medics .
Just like our clients continue to fight in support of Black lives , this is just the beginning of our fight for protest medics in Portland .
”

Allowing protest medics to keep treating injured protesters as police clear away crowds using tear gas and rubber bullets would be “unworkable” due to the chaos of protests, a federal judge ruled Wednesday.
PORTLAND, Ore. (CN) — Allowing protest medics to keep treating injured protesters as police clear away crowds using tear gas and rubber bullets would be “unworkable” due to the chaos of protests, a federal judge ruled Wednesday.
Protest medic Chris Wise says he was crouched over an injured protester, providing aid, when police shot him with rubber bullets. Another medic, Jessica Schifflett, says she was trying to carry an injured elderly protester to safety while police beat her with batons.
Medics like Wise and Schifflett are volunteers. Wise is a trained emergency medical technician. Schifflett is a volunteer EMT and a certified medical assistant. Other plaintiffs in the case are medical students.
Wise, Schifflett and others, wearing red tape in crosses on their backs and helmets, are a common sight at Portland’s protests. Every night for nearly 100 consecutive days, volunteer medics have flushed the eyes of protesters temporarily blinded and in pain from tear gas, pressed gauze to bleeding cuts and carried wounded demonstrators away from the front lines of protests.
Four of them sued the city of Portland and the Department of Homeland Security in July, claiming police and federal agents target them with assault and arrest as a way to weaken and intimidate protesters.
The medics say providing mutual aid is a specific form of protest, and when police forcibly clear streets, shoving protesters out of their way, often beating or pepper-spraying those who don’t comply, the medics come to the aid of those demonstrators. Police then violently remove the medics as they are assisting protesters — and the medics say that’s a violation of their First Amendment rights.
U.S. District Judge Karin Immergut rejected the medics’ request for a temporary restraining order that would have allowed them to remain when police disperse crowds of demonstrators — only in the limited instances when a medic is actively assisting a wounded protester.
“Although plaintiffs’ goal of providing aid to protesters is undoubtedly admirable, this court has found no legal authority for affording protest medics, as defined by plaintiffs, unique recognition under the First Amendment beyond that afforded any individual who attends a protest,” Immergut wrote. “Protest medics may continue to protest and provide medical aid during the protests. They simply have no unique status under the First Amendment that allows them to disregard lawful orders.”
The medics claim police used crowd-control munitions like tear gas and pepper bullets indiscriminately and also targeted such weapons at them, despite the red crosses taped or painted onto their clothing, often accompanied by the word “medic” in red. But Immergut found those markings don’t provide adequate visibility.
“This lack of uniformity cuts against the proposition that protest medics are readily identifiable, especially when considering the chaotic situations where officers must distinguish between protest medics and other protesters through split-second judgments,” Immergut wrote.
And the judge questioned the idea that police are specifically targeting medics, noting that in several instances where medics say police assaulted them, they weren’t actively providing medical care. Instead, she found the medics were often assaulted while remaining in an area police were trying to clear.
“It is well established that protected speech can be regulated,” Immergut wrote, citing precedent. “Regulation of speech is justified ‘if it furthers an important or substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest.’
“As previously noted, under Oregon law, Portland police have authority to disperse unlawful or riotous assemblies and arrest those who do not immediately comply. Portland police are entitled to use some level of reasonable force under the circumstances to effectuate the dispersal.”
She added: “This court acknowledges the significance of this moment in our nation’s history, and the crucial role of peaceful assembly in preserving American democracy. However, there is also a strong public interest in maintaining order and public safety.”
Attorney Rian Peck of Perkins Coie LLP, counsel for the ACLU of Oregon, had a different take:
“Deliberately attacking a medic is usually considered a war crime,” Peck said in a statement. “Our clients have been shot, arrested, pepper-sprayed, Maced, tackled, and beaten while they were clearly marked as volunteer medics. Just like our clients continue to fight in support of Black lives, this is just the beginning of our fight for protest medics in Portland.”


President Kanye?

PHOENIX — An Arizona judge ruled Thursday that rapper and presidential hopeful Kanye West has not done all the things @ @ @ @ @ general election ballot and — as a member of “ the Birthday Party ” — @ @ @ @ @ law to be on the ballot even if he had .

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


courthousenews--2020-09-04--Random Act of Violence

Random Act of Violence

SAN DIEGO — A San Diego public works employee sued the man who shot him as he worked in front @ @ @ @ @ property , as well as the trust that owned the property and sold it ostensibly @ @ @ @ @ shooting .


courthousenews--2020-09-04--Foster Farms Accused of Wasting Water to Kill Chickens in Drought-Prone California

( CN ) — Accusing California ’ s largest poultry plant of draining and spoiling an already drought-riddled aquifer , a Central Valley animal rights group is suing Foster Farms for wasting water during its chicken slaughtering process .
With California once again careening toward drought , the Animal Legal Defense Fund wants a state judge to order Foster Farms to cut back on the amount of groundwater it uses at its Merced County chicken processing plant .
In an environmental lawsuit filed Wednesday , the defense fund says Foster Farms could slash its exorbitant water usage by adopting more @ @ @ @ @ @ @ The profligate water use at this Foster Farms facility adds insult to injury , and the excessive water use in slaughtering chickens violates California law , ” said Stephen Wells in a statement , defense fund executive director .
“ The fact that the slaughterhouse is operating in a water-scarce area — during a megadrought — makes its water use even more egregious.
” According to the 21-page complaint , Foster Farms ’ Livingston , California , plant uses 3-4 million gallons of drinkable water daily , more than all the other water @ @ @ @ @ @ @ combined .
The main reason , the defense fund argues , is Foster Farms ’ water-intensive slaughter system .
The defense fund says Foster Farms uses a so-called “ live-hang ” system that entails shackled chickens on conveyor belts being shocked in pools of water before eventually being slaughtered by an automated razor .
Aside from the large pools , the lawsuit states the technique requires additional water usage to clean up the chickens ’ feces and vomit .
Citing the overdrafted Merced Subbasin , where the city sources its water supplies , @ @ @ @ @ @ @ water consumption violates a clause in the California Constitution stating “ water use must be reasonable and for a beneficial purpose.
” “ Foster Farms uses a more water-intensive method of slaughtering chickens when an alternative method that is less water-intensive , and more humane , is feasible and readily available , ” the complaint states .
“ In context , Foster Farms ’ use of water for an unnecessarily cruel and costly method of slaughter is per se unreasonable.
” The lawsuit comes as water suppliers across the state are attempting to @ @ @ @ @ @ @ groundwater management law passed during California ’ s recent historic drought .
Under a 2014 law coined the Sustainable Groundwater Management Act or SGMA , the state placed 515 water basins into categories and required local users of the high and medium placements to form districts .
The districts are in the process of coming up with “ water budgets ” and sustainability goals , and the new districts will have 20 years to comply with their goals once the plans are approved by the state .
Livingston taps into the Merced Subbasin @ @ @ @ @ @ @ Farms , other agricultural operations and residents .
State regulators currently classify the basin as critically overdrafted , meaning the average amount of groundwater being pulled from the basin exceeds the amount of rainfall and other sources of water being returned .
Overdrafting can lead to negative effects like sinking farmland or subsidence or seawater intrusion .
The defense fund claims Foster Farms has continued its excess water usage while private wells have gone dry and surrounding cities were forced to reduce usage during the last drought .
The plaintiff wants the court @ @ @ @ @ @ @ “ unreasonable ” and bar it from using groundwater supplies for live-hanging .
Prior to Wednesday ’ s lawsuit , the fund attempted to contact Foster Farms for a reasonable solution .
However , it claims Foster Farms responded it couldn ’ t attempt any changes as the Covid-19 pandemic was forcing it to focus on “ assuring a continuous food supply to our nation.
” Foster Farms did not immediately respond to a media request regarding the lawsuit .
The Foster Farms poultry facility at issue was shut down earlier this week @ @ @ @ @ @ @ plant is the site of Merced County ’ s most severe outbreak , with 392 employees testing positive and eight deaths , resulting in a six-day closure for cleaning and employee testing .
The remainder of the Livingston complex will remain open but with added prevention protocols .
“ This health order is a significant step toward our ultimate goal of stemming the spread of Covid-19 in our community and saving lives , ” said Dr. Salvador Sandoval , Merced County ’ s public health officer .
“ We take these types of @ @ @ @ @ @ @ grateful that Foster Farms was willing to come to the table and reach an agreement that will protect its employees while providing a blueprint for the company to continue its critical food production operations.
” In addition to the live-hanging technique , the defense fund argues Foster Farms ’ is returning tainted water back into the aquifer .
The lawsuit states Foster Farms “ regularly ” exceeds the pollutant limits mandated by its wastewater permit .
“ Thus , Foster Farms takes drinkable water from the subbasin and discharges it back to the @ @ @ @ @ @ @ as undrinkable wastewater that consistently fails to conform to Foster Farms ’ Permit and degrades the water quality of the Merced Subbasin , ” the complaint states .

Accusing California’s largest poultry plant of draining and spoiling an already drought-riddled aquifer, a Central Valley animal rights group is suing Foster Farms for wasting water during its chicken slaughtering process.
(CN) — Accusing California’s largest poultry plant of draining and spoiling an already drought-riddled aquifer, a Central Valley animal rights group is suing Foster Farms for wasting water during its chicken slaughtering process.
With California once again careening toward drought, the Animal Legal Defense Fund wants a state judge to order Foster Farms to cut back on the amount of groundwater it uses at its Merced County chicken processing plant. In an environmental lawsuit filed Wednesday, the defense fund says Foster Farms could slash its exorbitant water usage by adopting more “humane” slaughtering techniques.
“The profligate water use at this Foster Farms facility adds insult to injury, and the excessive water use in slaughtering chickens violates California law,” said Stephen Wells in a statement, defense fund executive director. “The fact that the slaughterhouse is operating in a water-scarce area — during a megadrought — makes its water use even more egregious.”
According to the 21-page complaint, Foster Farms’ Livingston, California, plant uses 3-4 million gallons of drinkable water daily, more than all the other water users in the rural city of 14,000 combined. The main reason, the defense fund argues, is Foster Farms’ water-intensive slaughter system.
The defense fund says Foster Farms uses a so-called “live-hang” system that entails chickens being shocked in pools of water before being shackled to a conveyor belt and eventually slaughtered by an automated razor. Aside from the large pools, the lawsuit states the technique requires additional water to clean up the chickens’ feces and vomit.
Citing the overdrafted Merced Subbasin, where the city sources its water supplies, the defense fund claims Foster Farms’ water consumption violates a clause in the California Constitution stating “water use must be reasonable and for a beneficial purpose.”
“Foster Farms uses a more water-intensive method of slaughtering chickens when an alternative method that is less water-intensive, and more humane, is feasible and readily available,” the complaint states. “In context, Foster Farms’ use of water for an unnecessarily cruel and costly method of slaughter is per se unreasonable.”
The lawsuit comes as water suppliers across the state are attempting to comply with the state’s first-ever groundwater management law passed during California’s recent historic drought.
Under a 2014 law coined the Sustainable Groundwater Management Act or SGMA, the state placed 515 water basins into categories and required local users of the high and medium placements to form districts. The districts are in the process of coming up with “water budgets” and sustainability goals, and the new districts will have 20 years to comply with their goals once the plans are approved by the state.
Livingston taps into the Merced Subbasin in order to sell water to Foster Farms, other agricultural operations and residents. State regulators currently classify the basin as critically overdrafted, meaning the average amount of groundwater being pulled from the basin exceeds the amount of rainfall and other sources of water being returned. Overdrafting can lead to negative effects like sinking farmland or subsidence or seawater intrusion.
The defense fund claims Foster Farms has continued its excess water usage while private wells have gone dry and surrounding cities were forced to reduce usage during the last drought. The plaintiff wants the court to declare Foster Farms’ water consumption “unreasonable” and bar it from using groundwater supplies for live-hanging.
Prior to Wednesday’s lawsuit, the fund attempted to contact Foster Farms for a reasonable solution. However, it claims Foster Farms responded it couldn’t attempt any changes as the Covid-19 pandemic was forcing it to focus on “assuring a continuous food supply to our nation.”
Foster Farms did not immediately respond to a media request regarding the lawsuit.
The Foster Farms poultry facility at issue was shut down earlier this week due to a Covid-19 outbreak. The plant is the site of Merced County’s most severe outbreak, with 392 employees testing positive and eight deaths, resulting in a six-day closure for cleaning and employee testing. The remainder of the Livingston complex will remain open but with added prevention protocols.
“This health order is a significant step toward our ultimate goal of stemming the spread of Covid-19 in our community and saving lives,” said Dr. Salvador Sandoval, Merced County’s public health officer. “We take these types of situations very seriously. We’re grateful that Foster Farms was willing to come to the table and reach an agreement that will protect its employees while providing a blueprint for the company to continue its critical food production operations.”
In addition to the live-hanging technique, the defense fund argues Foster Farms’ is returning tainted water back into the aquifer. The lawsuit states Foster Farms “regularly” exceeds the pollutant limits mandated by its wastewater permit.
“Thus, Foster Farms takes drinkable water from the subbasin and discharges it back to the ground, in a lower quantity, as undrinkable wastewater that consistently fails to conform to Foster Farms’ Permit and degrades the water quality of the Merced Subbasin,” the complaint states.


Top Eight

Your Thursday night briefing from the staff of Courthouse News Top eight CNS stories for today including Democratic presidential candidate Joe Biden made a trip to Kenosha and met with the family of Jacob Blake ; California Supreme Court Chief Justice Tani Cantil-Sakauye shifted the make-up of the state ’ s rule-making body for the courts ; Facebook announced it will ban political ads for the week leading up to the election , and more .
Sign up for CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your email Monday through Friday @ @ @ @ @ @ @ jobless benefits continued their fall , but a total of 29.2 million Americans collected unemployment insurance as of Aug. 15 , up 2 million from the previous week , the Labor Department reported Thursday .
2 . )
America ’ s trade gap with all countries surged 18.9 % in July to the highest level since summer 2008 , driven by a sharp increase in imports .
3 . )
Democratic presidential candidate Joe Biden made a trip to Kenosha , Wisconsin , on Thursday , participating in a town hall-style community meeting @ @ @ @ @ @ @ local church shortly after meeting with the family of Jacob Blake , a Black man shot in the back by Kenosha police 11 days ago .
4 . )
With Election Day just two months away , Facebook announced Thursday it would be taking new steps to combat misinformation and attempts to interfere in the election on its platform , including banning political ads for the week leading up to Nov. 3 .
5 . )
California Supreme Court Chief Justice Tani Cantil-Sakauye shifted the make-up of the state ’ s rule-making body @ @ @ @ @ @ @ Judicial Council appointments Thursday .
6 . )
Attorneys representing the two major political parties faced off in the Minnesota Supreme Court on Thursday in a dispute over two state laws limiting Minnesotans ’ ability to help others vote .
7 . )
North Carolina is a key swing state in the November election , and Democratic presidential candidate Joe Biden has just a 2-point lead there on President Donald Trump , a Thursday poll shows .
8 . )
The harsh view that the European Union is a weakling when it comes @ @ @ @ @ @ @ the military powers of the world is being seriously tested as Russia exerts control over Belarus and dismisses claims that a prominent Russian opposition leader was poisoned with a military-grade nerve agent .

Top eight CNS stories for today including Democratic presidential candidate Joe Biden made a trip to Kenosha and met with the family of Jacob Blake; California Supreme Court Chief Justice Tani Cantil-Sakauye shifted the make-up of the state’s rule-making body for the courts; Facebook announced it will ban political ads for the week leading up to the election, and more.
Your Thursday night briefing from the staff of Courthouse News
Top eight CNS stories for today including Democratic presidential candidate Joe Biden made a trip to Kenosha and met with the family of Jacob Blake; California Supreme Court Chief Justice Tani Cantil-Sakauye shifted the make-up of the state’s rule-making body for the courts; Facebook announced it will ban political ads for the week leading up to the election, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) New claims for jobless benefits continued their fall, but a total of 29.2 million Americans collected unemployment insurance as of Aug. 15, up 2 million from the previous week, the Labor Department reported Thursday.
A sign on a store in Manitou Springs, Colorado, gives a cheeky explanation for not being open, as of Aug. 30. (Courthouse News photo/Amanda Pampuro)
2.) America’s trade gap with all countries surged 18.9% in July to the highest level since summer 2008, driven by a sharp increase in imports.
FILE - In this Nov. 4, 2019 file photo cargo cranes are used to take containers off of a Yang Ming Marine Transport Corporation boat at the Port of Tacoma in Tacoma, Wash. The U.S. trade deficit tumbled in February 2020 to the lowest level since 2016 as exports fell and imports fell more. The politically sensitive gap in the trade of goods with China narrowed in February when the world's No. 2 economy was locked down to combat the coronavirus outbreak. (AP Photo/Ted S. Warren, File)
3.) Democratic presidential candidate Joe Biden made a trip to Kenosha, Wisconsin, on Thursday, participating in a town hall-style community meeting focused on hope and optimism at a local church shortly after meeting with the family of Jacob Blake, a Black man shot in the back by Kenosha police 11 days ago.
Democratic presidential candidate former Vice President Joe Biden arrives at the Allegheny County Airport in West Mifflin, Pa., en route to speak at a campaign event in Pittsburgh, Pa., Monday, Aug. 31, 2020. (AP Photo/Carolyn Kaster)
4.) With Election Day just two months away, Facebook announced Thursday it would be taking new steps to combat misinformation and attempts to interfere in the election on its platform, including banning political ads for the week leading up to Nov. 3.
FILE - In this March 25, 2015 file photo CEO Mark Zuckerberg gives the keynote address during the Facebook F8 Developer Conference in San Francisco. Germany’s competition authority said Wednesday March 2, 2016 it is investigating whether Facebook abused its market position by breaching data protection laws. (AP Photo/Eric Risberg, file)
Regional
5.) California Supreme Court Chief Justice Tani Cantil-Sakauye shifted the make-up of the state’s rule-making body for the courts with a wave of Judicial Council appointments Thursday.
California Chief Justice Tani Cantil-Sakauye addresses lawmakers at her annual State of the Judiciary on March 10, 2020. (Penne Soltysik, Judicial Council of California)
6.) Attorneys representing the two major political parties faced off in the Minnesota Supreme Court on Thursday in a dispute over two state laws limiting Minnesotans’ ability to help others vote.
FILE - In this May 27, 2020, file photo, a voter drops off their mail-in ballot prior to the primary election, in Willow Grove, Pa. The civic ritual of casting a ballot has been disrupted by a global pandemic and dramatically animated by social unrest. And If the results of a frustrating, chaotic primary in Georgia are a measure, the notion of democracy itself will also be on the ballot in the November election. Congress is now considering sending $3.6 billion to states to help facilitate safe and fair elections as part of another round of relief funds to recover from the coronavirus pandemic. (AP Photo/Matt Rourke, File)
7.) North Carolina is a key swing state in the November election, and Democratic presidential candidate Joe Biden has just a 2-point lead there on President Donald Trump, a Thursday poll shows.
Democratic presidential candidate former Vice President Joe Biden smiles while speaking during a roundtable on economic reopening with community members, Thursday, June 11, 2020, in Philadelphia. (AP Photo/Matt Slocum)
International
8.) The harsh view that the European Union is a weakling when it comes to foreign affairs and standing up against the military powers of the world is being seriously tested as Russia exerts control over Belarus and dismisses claims that a prominent Russian opposition leader was poisoned with a military-grade nerve agent.


courthousenews--2020-09-03--Biden Contrasts With Trump, Meets Blake Family During Kenosha Trip

KENOSHA , Wis. ( CN ) — Democratic presidential candidate Joe Biden made a trip to Kenosha , Wisconsin , on Thursday , participating in a town hall-style community meeting focused on hope and optimism at a local church shortly after meeting with the family of Jacob Blake , a Black man shot in the back by Kenosha police 11 days ago .
Biden , who was joined by his wife Jill , arrived for his first campaign trip to Wisconsin two days after President Donald Trump made his own high-profile visit to the area , during which the president @ @ @ @ @ @ @ a law and order message that praised law enforcement , Wisconsin Republicans and his own administration for a swift response to quell violent unrest that erupted after Blake was shot seven times by officer Rusten Sheskey on Aug. 23 .
Immediately after arriving at Milwaukee ’ s General Mitchell International Airport , Biden met privately with members of Blake ’ s family at the airport , some of whom participated in the meeting virtually .
Biden mentioned during Thursday ’ s church gathering that he spoke to Blake on the phone during that @ @ @ @ @ @ @ the intensive care unit at a Milwaukee hospital , where he has been since Flight for Life transported him there after the shooting .
By contrast , Trump did not meet with Blake ’ s family during his visit on Tuesday and said then that he ended a call with them after becoming displeased with how many lawyers were involved .
According to a Biden press pool , several dozen people awaited the former vice president ’ s arrival at Grace Lutheran Church in Kenosha on Thursday .
The crowd was reportedly Biden-friendly @ @ @ @ @ @ @ smaller group of Trump supporters were gathered up the street from the church waving flags and signs .
The church event was a relatively low-key gathering of about two dozen people , all wearing masks and carefully adhering to social distancing guidelines against a backdrop of stained glass and Christian iconography .
When moderator Tim Mahone , a board member of a Kenosha-based scholarship fund , went to shake Biden ’ s hand early in the meeting , Biden chuckled and said “ we can ’ t do that , ” instead offering @ @ @ @ @ @ @ candidate presented a stark , hopeful alternative to the tone of Trump ’ s visit two days earlier , which focused almost exclusively on the damages the community incurred during the protests over Blake ’ s shooting and painted the law enforcement response to the unrest as a roaring success , thanks in no small part to his administration ’ s actions .
Biden spent much of the roughly 90-minute town hall meeting seated in front the church ’ s pews taking notes and listening to testimony from locals , which included the @ @ @ @ @ @ @ s union , the owner of a business looted during the unrest , an area criminal defense attorney and the president of the Kenosha Common Council .
Systemic racism and institutional barriers facing Black Americans came up early and often , which Biden readily acknowledged is a legitimate structural inequity that exists in the nation .
Tim Thompkins , a Kenosha resident and former Marine , pointed to disparities in employment , education , criminal justice and housing that disproportionately stack the deck against the Black community .
Angela Cunningham , a defense @ @ @ @ @ @ @ a former Milwaukee prosecutor , said she hoped a Biden presidency would address laws that protect police who kill people and over-policing in Black and brown communities that serves as a gateway to members of those communities getting trapped in the criminal justice machinery .
Cunningham asked specifically for a system compiling transparent data on charges against minority defendants , as “ anybody who ’ s not in court every day won ’ t see that , and that data is not readily available.
” In the first of his two turns with @ @ @ @ @ @ @ at Trump without naming him , saying “ the words of a president matter , no matter whether they ’ re good , bad or indifferent , they matter , ” as presidential remarks can affect global markets and start wars .
Biden indirectly blamed the president for giving hate oxygen and recounted the now familiar anecdote of his deciding to run for president after being horrified by the events in Charlottesville , Virginia , three years ago and Trump ’ s equivocating response that there were good people on both sides , @ @ @ @ @ @ @ side of human nature.
” But Biden nevertheless stressed optimism : “ I honest to God believe we have an enormous opportunity now that the curtain has been pulled back…to do a lot of really positive things.
” “ People are beginning to figure out who we are as a country , ” he added .
The longtime Delaware senator went on to shout out Black Lives Matter by name and call for nationalizing a $ 15 per hour minimum wage , shifting from a culture of prison punishment to prison reform and @ @ @ @ @ @ @ .
The former vice president also said he wants to pay federal public defenders more so they can fairly compete with prosecutors and spend billions on universal pre-K education , complete with robust investment in school psychologists to address heightened anxiety and mental health issues younger generations face .
And while Biden expressed understanding of the anger that led to protests , he repeated his assertion that those who loot and burn down buildings should be charged and that such actions are not the same as legitimate , peaceful protesting .
Kenosha Common @ @ @ @ @ @ @ “ there ’ s a hurt in my section of town ” over Blake ’ s shooting and the resulting unrest , but he sees hope in a Biden presidency to end prevailing cynicism and restore faith in the system .
“ When we know the man at the top is speaking the honest truth , ” that goes a long way toward those goals , Kennedy said .
“ Fear doesn ’ t solve problems , only hope does , ” Biden said .
“ If you give up hope , you @ @ @ @ @ @ @ s no real option.
” The candidate blasted the Trump administration for refusing to address the pain facing the country from the combination of the ongoing Covid-19 pandemic , the economic turmoil the pandemic has caused and a generational reckoning over racial injustice .
“ There ’ s a reason this administration only wants to talk about division and law and order , ” Biden said , explaining that Trump does not want to face up to the more than 186,000 Americans dead from the coronavirus , the tens of millions of people @ @ @ @ @ @ @ that have shuddered because of the economic downturn , some permanently .
Win or lose , Biden portrayed himself as a fighter in the name of optimistic change .
“ This is something worth losing over…but we ’ re not going to lose , ” he said .
Republican Party of Wisconsin Chairman Andrew Hitt put out a statement Thursday calling Biden ’ s visit a “ desperation trip ” and pointing out that just two weeks ago , Biden declined to visit Milwaukee during the downsized virtual Democratic National Convention .
Biden @ @ @ @ @ @ @ gave remarks from his campaign headquarters in Delaware .
“ It shouldn ’ t take rioters burning down the city of Kenosha to get Joe Biden to visit our state , ” Hitt said , noting that it has been nearly two years since he has been in Wisconsin .
Conversely , Wisconsin Democratic Party Chairman Ben Wikler tweeted on Thursday that whereas “ Trump was in Wisconsin on Tuesday fanning the flames of division & violence , ” Biden came “ to meet the Kenosha community , listen & offer words of @ @ @ @ @ @ @ couldn ’ t be clearer , ” Wikler said .

Democratic presidential candidate Joe Biden made a trip to Kenosha, Wisconsin, on Thursday, participating in a town hall-style community meeting focused on hope and optimism at a local church shortly after meeting with the family of Jacob Blake, a Black man shot in the back by Kenosha police 11 days ago.
KENOSHA, Wis. (CN) — Democratic presidential candidate Joe Biden made a trip to Kenosha, Wisconsin, on Thursday, participating in a town hall-style community meeting focused on hope and optimism at a local church shortly after meeting with the family of Jacob Blake, a Black man shot in the back by Kenosha police 11 days ago.
Biden, who was joined by his wife Jill, arrived for his first campaign trip to Wisconsin two days after President Donald Trump made his own high-profile visit to the area, during which the president surveyed destroyed businesses and hammered hard on a law and order message that praised law enforcement, Wisconsin Republicans and his own administration for a swift response to quell violent unrest that erupted after Blake was shot seven times by officer Rusten Sheskey on Aug. 23.
Immediately after arriving at Milwaukee’s General Mitchell International Airport, Biden met privately with members of Blake’s family at the airport, some of whom participated in the meeting virtually.
Biden mentioned during Thursday’s church gathering that he spoke to Blake on the phone during that meeting and that he is out of the intensive care unit at a Milwaukee hospital, where he has been since Flight for Life transported him there after the shooting.
By contrast, Trump did not meet with Blake’s family during his visit on Tuesday and said then that he ended a call with them after becoming displeased with how many lawyers were involved.
According to a Biden press pool, several dozen people awaited the former vice president’s arrival at Grace Lutheran Church in Kenosha on Thursday. The crowd was reportedly Biden-friendly for the most part, but a smaller group of Trump supporters were gathered up the street from the church waving flags and signs.
In this image taken from a motorcade, Democratic presidential candidate former Vice President Joe Biden exits a building after meeting with relatives of Jacob Blake at General Mitchell International Airport on Thursday, Sept. 3, 2020, in Milwaukee. (AP Photo/Carolyn Kaster)
The church event was a relatively low-key gathering of about two dozen people, all wearing masks and carefully adhering to social distancing guidelines against a backdrop of stained glass and Christian iconography.
When moderator Tim Mahone, a board member of a Kenosha-based scholarship fund, went to shake Biden’s hand early in the meeting, Biden chuckled and said “we can’t do that,” instead offering Mahone an elbow bump.
The Democratic candidate presented a stark, hopeful alternative to the tone of Trump’s visit two days earlier, which focused almost exclusively on the damages the community incurred during the protests over Blake’s shooting and painted the law enforcement response to the unrest as a roaring success, thanks in no small part to his administration’s actions.
Biden spent much of the roughly 90-minute town hall meeting seated in front the church’s pews taking notes and listening to testimony from locals, which included the former president of a Kenosha firefighter’s union, the owner of a business looted during the unrest, an area criminal defense attorney and the president of the Kenosha Common Council.
Systemic racism and institutional barriers facing Black Americans came up early and often, which Biden readily acknowledged is a legitimate structural inequity that exists in the nation.
Tim Thompkins, a Kenosha resident and former Marine, pointed to disparities in employment, education, criminal justice and housing that disproportionately stack the deck against the Black community.
Angela Cunningham, a defense attorney at ADC Law in Kenosha and a former Milwaukee prosecutor, said she hoped a Biden presidency would address laws that protect police who kill people and over-policing in Black and brown communities that serves as a gateway to members of those communities getting trapped in the criminal justice machinery.
Cunningham asked specifically for a system compiling transparent data on charges against minority defendants, as “anybody who’s not in court every day won’t see that, and that data is not readily available.”


courthousenews--2020-09-03--University of Arizona Using Sewage Tests to Detect Covid

TUCSON , Ariz. ( CN ) — Although Arizona ’ s major universities are all taking measures to curb the spread of Covid-19 , it ’ s an uphill battle to contain tens of thousands of young adults who have been cooped up for the past six months .
“ You ’ re taking a bunch of socially-starved 18-year-olds , and you ’ re putting them in a place where they have freedom for the first time in their lives , ” said Arizona State University freshman Luke Hinderaker .
“ Of course they ’ re going to go out @ @ @ @ @ @ @ of Arizona and Northern Arizona University have taken slightly different approaches to the return to campus , although all require masks and social distancing and are offering a mix of live and online classes .
University of Arizona in Tucson hired unarmed security workers to patrol the campus reminding and reporting — but not punishing or citing — students who violate social distance and mask rules .
The university separated classes into two categories , one that includes labs , performing arts and other classes that won ’ t work online , and @ @ @ @ @ @ @ the school ’ s 44,000 students are enrolled in live classes , UA President Robert C. Robbins said in a Zoom briefing Thursday .
ASU started the semester offering a choice to students to attend live or online .
Dorms there started out allowing visitors from other campus dorms , but on Thursday restricted visitors to only people who live in the same building .
“ We ’ re basically stuck in our rooms , ” Hinderaker said .
At NAU , where the Coconino County reports just 31 positive Covid-19 tests , @ @ @ @ @ @ @ students will be tested weekly on a random basis .
The testing is required for students when their names are drawn .
As a potential pledge , Hinderaker has seen some gatherings of 50-75 people at ASU fraternities .
He considers the gatherings a necessary evil , because getting a bid from a fraternity without attending is almost impossible .
“ I kind of took the mindset that if I get it , I get it , I guess , ” he said .
By the start of this week , 775 of @ @ @ @ @ @ @ faculty and staff had tested positive , the university said in an online update .
Among 12,131 students who live on ASU ’ s three campuses scattered around metropolitan Phoenix , 670 are in isolation after testing positive .
The remainder live off campus and have been asked to isolate .
ASU started the semester offering classes in person or online , whichever students preferred , a stance that will continue until further notice at the state ’ s largest university .
If the situation worsens , most classes would be online with @ @ @ @ @ @ @ it , such as performance arts or science labs .
The school moved on Thursday to stepped-up monitoring and stiffer compliance measures .
Repeat violators of campus health rules will be removed .
Guests will be limited to one per room and must live in the same building .
Hinderaker has been tested three times — all negative — since he got there .
The Tucson native sees a lot of students ignoring social distancing and mask rules .
He wonders if the school made a mistake allowing visitors to intermingle among dorms @ @ @ @ @ @ @ have been better to start with the restrictions imposed this week , then loosen them as needed , he said .
“ Pretty much all of my friends have gotten it , my close friends from Tucson , ” he said .
“ I ’ ve been bringing them food.
” ASU students now face a Sept. 30 deadline after which they can no longer get a refund on room and board fees , should the campus be closed .
All University of Arizona students are tested when they arrive on campus , @ @ @ @ @ @ @ the university to head off an outbreak , Robbins said .
After sewage from one dorm showed antibodies , the university tested more than 300 students in nine hours .
Three students with Covid-19 were identified and isolated , preventing further spread .
The UA president acknowledged that an uptick in cases was expected when students returned .
“ But what we don ’ t want is to have a huge outbreak on campus , ” Robbins said .
As of Wednesday , the campus had seen 397 positive Covid-19 tests and 54 @ @ @ @ @ @ @ after testing positive .
Richard Carmona , a former U.S. surgeon general who is leading a UA re-entry task force , said numbers at UA are trending downward , including an Rt of 0.85 , meaning the disease is contracting , not spreading .
Health ambassadors from the UA public health college are talking to campus groups as influencers , and university officials are meeting with business managers near campus — bars , restaurants , apartments , etc .
— to coordinate efforts where possible .
“ Every touch point we have available @ @ @ @ @ @ @ said .
Robbins said the college is aware of some planned parties for Labor Day weekend .
The school knows where they are planned and will head them off .
Ultimately , it ’ s up to individuals to follow the rules .
“ This really isn ’ t all that difficult , ” he said .
“ Wash your hands , wear a mask , and keep your distance from other people .
”

Although Arizona’s major universities are all taking measures to curb the spread of Covid-19, it’s an uphill battle to contain tens of thousands of young adults who have been cooped up for the past six months.
TUCSON, Ariz. (CN) — Although Arizona’s major universities are all taking measures to curb the spread of Covid-19, it’s an uphill battle to contain tens of thousands of young adults who have been cooped up for the past six months.
“You’re taking a bunch of socially-starved 18-year-olds, and you’re putting them in a place where they have freedom for the first time in their lives,” said Arizona State University freshman Luke Hinderaker. “Of course they’re going to go out and have parties.”
ASU, University of Arizona and Northern Arizona University have taken slightly different approaches to the return to campus, although all require masks and social distancing and are offering a mix of live and online classes.
University of Arizona in Tucson hired unarmed security workers to patrol the campus reminding and reporting — but not punishing or citing — students who violate social distance and mask rules. The university separated classes into two categories, one that includes labs, performing arts and other classes that won’t work online, and others that do.
About 5,000 of the school’s 44,000 students are enrolled in live classes, UA President Robert C. Robbins said in a Zoom briefing Thursday.
University of Arizona President Robert C. Robbins (Photo courtesy of the University of Arizona)
ASU started the semester offering a choice to students to attend live or online. Dorms there started out allowing visitors from other campus dorms, but on Thursday restricted visitors to only people who live in the same building.
“We’re basically stuck in our rooms,” Hinderaker said.
At NAU, where the Coconino County reports just 31 positive Covid-19 tests, 2,500 of the university’s 29,000 students will be tested weekly on a random basis. The testing is required for students when their names are drawn.
As a potential pledge, Hinderaker has seen some gatherings of 50-75 people at ASU fraternities. He considers the gatherings a necessary evil, because getting a bid from a fraternity without attending is almost impossible.
“I kind of took the mindset that if I get it, I get it, I guess,” he said.
By the start of this week, 775 of ASU's 74,500 students and 28 faculty and staff had tested positive, the university said in an online update. Among 12,131 students who live on ASU’s three campuses scattered around metropolitan Phoenix, 670 are in isolation after testing positive. The remainder live off campus and have been asked to isolate.
ASU started the semester offering classes in person or online, whichever students preferred, a stance that will continue until further notice at the state’s largest university. If the situation worsens, most classes would be online with live attendance only for classes that require it, such as performance arts or science labs.
The school moved on Thursday to stepped-up monitoring and stiffer compliance measures. Repeat violators of campus health rules will be removed. Guests will be limited to one per room and must live in the same building.
Hinderaker has been tested three times — all negative — since he got there. The Tucson native sees a lot of students ignoring social distancing and mask rules. He wonders if the school made a mistake allowing visitors to intermingle among dorms when the campus opened.
It might have been better to start with the restrictions imposed this week, then loosen them as needed, he said.
“Pretty much all of my friends have gotten it, my close friends from Tucson,” he said. “I’ve been bringing them food.”
ASU students now face a Sept. 30 deadline after which they can no longer get a refund on room and board fees, should the campus be closed.
All University of Arizona students are tested when they arrive on campus, and antibody testing of sewage recently allowed the university to head off an outbreak, Robbins said.
After sewage from one dorm showed antibodies, the university tested more than 300 students in nine hours. Three students with Covid-19 were identified and isolated, preventing further spread.
The UA president acknowledged that an uptick in cases was expected when students returned.
“But what we don’t want is to have a huge outbreak on campus,” Robbins said.
As of Wednesday, the campus had seen 397 positive Covid-19 tests and 54 students were living in an isolation dorm after testing positive.
Richard Carmona, a former U.S. surgeon general who is leading a UA re-entry task force, said numbers at UA are trending downward, including an Rt of 0.85, meaning the disease is contracting, not spreading.
Health ambassadors from the UA public health college are talking to campus groups as influencers, and university officials are meeting with business managers near campus — bars, restaurants, apartments, etc. — to coordinate efforts where possible.
“Every touch point we have available, we have touched,” he said.
Robbins said the college is aware of some planned parties for Labor Day weekend. The school knows where they are planned and will head them off. Ultimately, it’s up to individuals to follow the rules.
“This really isn’t all that difficult,” he said. “Wash your hands, wear a mask, and keep your distance from other people.”


courthousenews--2020-09-03--Blue States Seek Injunction Against Postal Service Shakeups

( CN ) — A coalition of Democratic attorneys general have requested a preliminary injunction to reverse operational changes in the U.S .
Postal Service that slowed down mail delivery ahead of the November presidential election .
The seven attorneys general , which had sued over the changes last month , filed their motion for an injunction Wednesday in the Eastern District of Pennsylvania .
“ The U.S .
Postal Service is an American institution .
For many , it ’ s a lifeline — their Social Security or paychecks , their medicine , their connection to loved ones .
@ @ @ @ @ @ @ , it ’ s their franchise to democracy , ” California Attorney General Xavier Becerra said in a statement Thursday .
“ President Trump ’ s sabotage of the USPS is un-American .
It ’ s an attack on free and fair elections and our right to vote.
” The changes ordered by Postmaster General Louis DeJoy , a staunch Trump supporter and North Carolina businessman , have led to a widespread slowdown in mail delivery across the country , according to the motion .
The changes include eliminating overtime for mail carriers @ @ @ @ @ @ @ postal boxes .
The resulting delay , alongside Trump ’ s expressed effort to decrease post office funding , sparked concern that the changes will hinder mail-in voting for the presidential election and disenfranchise voters amid a pandemic .
“ The effects of these changes have been widespread and well-documented .
The delivery of mail has been delayed across the country .
Prescription medicines have taken weeks to be delivered ; hearing notices have failed to arrive on time ; essential benefits have been delayed ; and countless other mailpieces—from birthday cards to @ @ @ @ @ @ @ been held up , ” the motion states .
“ Yet despite these delays , and the resulting public outcry , defendants have refused to undo the changes.
” DeJoy said in a statement last month that work on service changes , which he said were meant to address the Postal Service ’ s critical financial situation , will take place after the election .
“ To avoid even the appearance of any impact on election mail , I am suspending these initiatives until after the election is concluded , ” he said @ @ @ @ @ @ @ of the damage has already been done and the Postal Service has not kept its promises .
“ By implementing changes threatening such widespread harm so close to an election in which more Americans will vote by mail than ever before , defendants have unlawfully interfered with the constitutional authority of the states , ” the motion states .
“ Defendants ’ changes are unlawful and , if left in place , will continue to cause irreparable harm to the states and their residents—including irreparable harm to the fair administration of the November @ @ @ @ @ @ @ being brought by Pennsylvania , California , Delaware , the District of Columbia , Maine , Massachusetts , and North Carolina .
Attorney General Josh Shapiro said in a statement Thursday that DeJoy ’ s promises to delay the controversial changes “ have been proven false.
” “ We need the court to step in and stop changes that have prevented postal workers from doing their jobs , ” Shapiro said .
“ Veterans , seniors , business owners , and everyday Pennsylvanians rely on the Postal Service during this ongoing health pandemic @ @ @ @ @ @ @ we need court oversight to ensure everyone has full faith in the Postal Service at this critical time .
”

A coalition of Democratic attorneys general have requested a preliminary injunction to reverse operational changes in the U.S. Postal Service that slowed down mail delivery ahead of the November presidential election.
(CN) — A coalition of Democratic attorneys general have requested a preliminary injunction to reverse operational changes in the U.S. Postal Service that slowed down mail delivery ahead of the November presidential election.
The seven attorneys general, which had sued over the changes last month, filed their motion for an injunction Wednesday in the Eastern District of Pennsylvania.
“The U.S. Postal Service is an American institution. For many, it’s a lifeline — their Social Security or paychecks, their medicine, their connection to loved ones. And for a vast, growing number, it’s their franchise to democracy,” California Attorney General Xavier Becerra said in a statement Thursday. “President Trump’s sabotage of the USPS is un-American. It’s an attack on free and fair elections and our right to vote.”
The changes ordered by Postmaster General Louis DeJoy, a staunch Trump supporter and North Carolina businessman, have led to a widespread slowdown in mail delivery across the country, according to the motion.
The changes include eliminating overtime for mail carriers, reducing post office hours and removing postal boxes. The resulting delay, alongside Trump’s expressed effort to decrease post office funding, sparked concern that the changes will hinder mail-in voting for the presidential election and disenfranchise voters amid a pandemic.
“The effects of these changes have been widespread and well-documented. The delivery of mail has been delayed across the country. Prescription medicines have taken weeks to be delivered; hearing notices have failed to arrive on time; essential benefits have been delayed; and countless other mailpieces—from birthday cards to e-commerce purchases to payments for small businesses—have been held up,” the motion states. “Yet despite these delays, and the resulting public outcry, defendants have refused to undo the changes.”
DeJoy said in a statement last month that work on service changes, which he said were meant to address the Postal Service’s critical financial situation, will take place after the election.
“To avoid even the appearance of any impact on election mail, I am suspending these initiatives until after the election is concluded,” he said.
But the attorneys general argue much of the damage has already been done and the Postal Service has not kept its promises.
“By implementing changes threatening such widespread harm so close to an election in which more Americans will vote by mail than ever before, defendants have unlawfully interfered with the constitutional authority of the states,” the motion states. “Defendants’ changes are unlawful and, if left in place, will continue to cause irreparable harm to the states and their residents—including irreparable harm to the fair administration of the November 2020 general election.”
The case is being brought by Pennsylvania, California, Delaware, the District of Columbia, Maine, Massachusetts, and North Carolina.
Attorney General Josh Shapiro said in a statement Thursday that DeJoy’s promises to delay the controversial changes “have been proven false.”
“We need the court to step in and stop changes that have prevented postal workers from doing their jobs,” Shapiro said. “Veterans, seniors, business owners, and everyday Pennsylvanians rely on the Postal Service during this ongoing health pandemic, and with an election looming, we need court oversight to ensure everyone has full faith in the Postal Service at this critical time.”


courthousenews--2020-09-03--California Chief Justice Appoints New Judicial Council Members

SAN FRANCISCO ( CN ) — California Supreme Court Chief Justice Tani Cantil-Sakauye shifted the make-up of the state ’ s rule-making body for the courts with a wave of Judicial Council appointments Thursday .
Cantil-Sakauye appointed Supreme Court Justice Carol Corrigan to fill the vacancy left by Supreme Court Justice Ming Chen , who retired on Aug. 31 .
She co-chaired the Commission on the Future of California ’ s Court System , a group Cantil-Sakauye tasked in 2015 with plotting the course of California ’ s trial courts for the next 10 years .
Corrigan also chairs the @ @ @ @ @ @ @ .
Presiding Judge Kevin Brazile of Los Angeles Superior Court will succeed Judge Eric Taylor , also of Los Angeles , as a voting member of the council .
Brazile previously served a one-year term on the council in 2017-18 .
He co-chairs the Advisory Committee for Providing Access and Fairness and has been on the council ’ s Civil and Small Claims Advisory Committee .
Orange County Superior Court Commissioner Glenn Mondo , Court Executive Officer Rebecca Fleming of Santa Clara County Superior Court , and Court Executive Officer Shawn Landry of @ @ @ @ @ @ @ council as non-voting members .
Cantil-Sakauye also named Orange County Superior Court Judge Thomas Delaney to a non-voting spot on the council as president of the California Judges Association .
Justice Harry Hull of the Third District Court of Appeal was reappointed to another three-year term .
He heads the council ’ s Rules & Projects Committee , a position he ’ s held since 2011 .
Judge Marla Anderson of Monterey County Superior Court was also reappointed to a three-year term as a voting member .
Anderson has been on the council @ @ @ @ @ @ @ Legislation Committee .
She was also a member of the Futures Commission .
Judge Stacey Boulware Eurie of Sacramento County Superior Court will also serve another three-year term on the council .
She chairs a workgroup formed in 2018 to recommend changes to how the judicial branch addresses workplace harassment in the courts .
She was also a member of the Futures Commission .
Judge Harold Hopp of Riverside County Superior Court , a member of the Legislation Committee and Budget Committee , also received a three-year reappointment .
Presiding Judge Joyce Hinrichs @ @ @ @ @ @ @ Carin Fujisaki of the First District Court of Appeal will serve as advisory members on the council for one year ; Hinrichs in her role as chair of the Trial Court Presiding Judges Advisory Committee .

California Supreme Court Chief Justice Tani Cantil-Sakauye shifted the make-up of the state’s rule-making body for the courts with a wave of Judicial Council appointments Thursday.
SAN FRANCISCO (CN) — California Supreme Court Chief Justice Tani Cantil-Sakauye shifted the make-up of the state’s rule-making body for the courts with a wave of Judicial Council appointments Thursday.
Cantil-Sakauye appointed Supreme Court Justice Carol Corrigan to fill the vacancy left by Supreme Court Justice Ming Chen, who retired on Aug. 31. She co-chaired the Commission on the Future of California’s Court System, a group Cantil-Sakauye tasked in 2015 with plotting the course of California’s trial courts for the next 10 years. Corrigan also chairs the council's jury instruction task force.
Presiding Judge Kevin Brazile of Los Angeles Superior Court will succeed Judge Eric Taylor, also of Los Angeles, as a voting member of the council.
Brazile previously served a one-year term on the council in 2017-18. He co-chairs the Advisory Committee for Providing Access and Fairness and has been on the council’s Civil and Small Claims Advisory Committee.
Orange County Superior Court Commissioner Glenn Mondo, Court Executive Officer Rebecca Fleming of Santa Clara County Superior Court, and Court Executive Officer Shawn Landry of Yolo County Superior Court will join the council as non-voting members.
Cantil-Sakauye also named Orange County Superior Court Judge Thomas Delaney to a non-voting spot on the council as president of the California Judges Association.
Justice Harry Hull of the Third District Court of Appeal was reappointed to another three-year term. He heads the council’s Rules & Projects Committee, a position he’s held since 2011.
Judge Marla Anderson of Monterey County Superior Court was also reappointed to a three-year term as a voting member. Anderson has been on the council since 2014 and she currently chairs the Legislation Committee. She was also a member of the Futures Commission.
Judge Stacey Boulware Eurie of Sacramento County Superior Court will also serve another three-year term on the council. She chairs a workgroup formed in 2018 to recommend changes to how the judicial branch addresses workplace harassment in the courts. She was also a member of the Futures Commission.
Judge Harold Hopp of Riverside County Superior Court, a member of the Legislation Committee and Budget Committee, also received a three-year reappointment.
Presiding Judge Joyce Hinrichs of Humboldt County Superior Court and Justice Carin Fujisaki of the First District Court of Appeal will serve as advisory members on the council for one year; Hinrichs in her role as chair of the Trial Court Presiding Judges Advisory Committee.


courthousenews--2020-09-03--Ninth Circuit Tosses Claims of Anti-Hindu Bias in California Schools

SAN FRANCISCO ( CN ) — The Ninth Circuit on Thursday nixed a constitutional challenge over how Hinduism is portrayed in California public schools .
The three-judge panel found no basis to conclude that the California Board of Education discriminated against Hinduism when it drafted new education guidelines in July 2016 that adopted allegedly anti-Hindu recommendations from a group of history professors called the South Asia Faculty Group .
Outraged by a curriculum it views as disparaging Hinduism while favoring Western religions , the nonprofit California Parents for the Equalization of Educational Materials ( CAPEEM ) , a group promoting @ @ @ @ @ @ @ schools , joined with three Hindu parents in suing the California Board of Education and litany of school district boards in 2017 .
Their lawsuit claimed the framework pushes an outdated theory that Hinduism was founded by Aryan invaders and describes the caste system as a Hindu religious belief , while teaching biblical figures and events as historical fact .
U.S. District Judge Charles Breyer dismissed the action in 2017 , finding the framework and the process leading up to the curriculum ’ s adoption not discriminatory or hostile to Hinduism .
While @ @ @ @ @ @ @ claim to advance , he scuttled it in a second order in 2019 .
“ We agree with the state board that appellants may not like the edits made to the framework , but that a dislike of challenged content does not constitute a constitutional violation of equal protection , absent a plausible allegation of discriminatory policy or intent , ” U.S .
Circuit Judge Mary Schroeder , a Jimmy Carter appointee , wrote for the unanimous panel .
Of the materials themselves , Schroeder added an “ objective reading ” did not @ @ @ @ @ @ @ were discriminatory or that they promoted a particular religion .
“ The materials do not take a position on the historical accuracy of the stories or figures , and the Supreme Court has told us that mere inclusion of passages from the Bible in course materials does not violate the Constitution , ” she wrote .
“ We also conclude , as did the district court , that none of appellants ’ characterizations of the Hinduism materials as disparaging is supported by an objective reading of those materials.
” Schroeder was joined on @ @ @ @ @ @ @ Judge Sidney Thomas , a Bill Clinton appointee , and Donald Trump appointee U.S .
Circuit Judge Daniel Bress .
The judges also held that Breyer did not err in excluding an expert report to support the claim that the framework has the primary effect of denigrating Hinduism .
“ An expert ’ s understanding of the terms is irrelevant .
We must evaluate the standards and framework from the perspective of an objective , reasonable observer , and not that of an academic who is an expert in the field , ” @ @ @ @ @ @ @ Arvind Kumar decried the appellate court ’ s ruling in an emailed statement .
“ This shameful judgment by three white judges is not only an endorsement of the white supremacist notions of a light-skinned Aryan race civilizing every other race on Earth , but is also an endorsement by the court of the biblical indoctrination of school children through the use of history textbooks that describe mythological claims and supernatural phenomena in the Bible as though they were historical facts with even dates assigned to them , ” he said .
In @ @ @ @ @ @ @ the Ninth Circuit ’ s reasoning in Monteiro v. The Tempe Union School District , a 1998 case that held a school district could not be sued for making students read Mark Twain ’ s classic “ The Adventures of Huckleberry Finn , ” despite the book ’ s repeated use of racial slurs , because an equal protection challenge would infringe on other students ’ First Amendment interests in reading the challenged work and “ significantly interfere with the [ school district ] ’ s discretion to determine the composition of its @ @ @ @ @ @ @ that Monteiro forecloses equal protection claims based on objections to course content , rejecting the group ’ s argument that a discriminatory policy like the one described in their case , is exempted from a Monteiro holding .
“ The application of Monteiro v. Tempe Union in this case is an approval by the judges to permit the use of the racial epithet “ n**** ” in government-created documents to describe Black people , ” Kumar said of their finding .
“ Little wonder that Malcolm X said that we can not win @ @ @ @ @ @ @ but only win on the streets and the sidewalks.
” “ The California Department of Education and State Board of Education has been , and will continue to be , committed to making high-quality , rigorous and balanced curriculum frameworks available to the state ’ s local educational agencies , ” the spokesperson said in an email .
The 2017 lawsuit was not the first time CAPEEM challenged aspects of California ’ s curriculum in court .
It brought a complaint in 2006 claiming first through sixth graders were getting derogatory view of @ @ @ @ @ @ @ the Aryan Invasion Theory crediting light-skinned invaders with bringing Hinduism to India .
Discovery in that lawsuit yielded evidence of at least one academic who influenced the State Board of Education ’ s approval of edits and changes recommended by Western religious groups communicating with the Dalit Freedom Network — an organization actually run by a Colorado-based evangelical church .
The organization has since been renamed .
“ The judges have completely ignored the evidence proving that the Department of Education secretly orchestrated a group of professors who lacked qualifications in ancient Indian @ @ @ @ @ @ @ coordinated their activities with a church in Colorado known for its anti-Hindu activities to provide inputs into the adoption process and illegitimately declared them to be official experts at the last moment , completely in violation of the rules that exist for contracting experts , ” Kumar said .
Attorney Glenn Katon with Katon Law , who represented CAPEEM and the parents , said in an email , “ The parents who brought this case are disappointed that the court did not allow us to go forward with our claims that show clear @ @ @ @ @ @ @ Board of Education in the standards and framework , ” he said .
“ We are considering our options for further appeal .
”

SAN FRANCISCO (CN) — The Ninth Circuit on Thursday nixed a constitutional challenge over how Hinduism is portrayed in California public schools.
The three-judge panel found no basis to conclude that the California Board of Education discriminated against Hinduism when it drafted new education guidelines in July 2016 that adopted allegedly anti-Hindu recommendations from a group of history professors called the South Asia Faculty Group.
Outraged by a curriculum it views as disparaging Hinduism while favoring Western religions, the nonprofit California Parents for the Equalization of Educational Materials (CAPEEM), a group promoting the fair accurate portrayal of Hinduism in schools, joined with three Hindu parents in suing the California Board of Education and litany of school district boards in 2017.
Their lawsuit claimed the framework pushes an outdated theory that Hinduism was founded by Aryan invaders and describes the caste system as a Hindu religious belief, while teaching biblical figures and events as historical fact.
U.S. District Judge Charles Breyer dismissed the action in 2017, finding the framework and the process leading up to the curriculum’s adoption not discriminatory or hostile to Hinduism. While he allowed a First Amendment Establishment Cause claim to advance, he scuttled it in a second order in 2019.
The panel affirmed Breyer’s ruling Thursday.
“We agree with the state board that appellants may not like the edits made to the framework, but that a dislike of challenged content does not constitute a constitutional violation of equal protection, absent a plausible allegation of discriminatory policy or intent,” U.S. Circuit Judge Mary Schroeder, a Jimmy Carter appointee, wrote for the unanimous panel.
Of the materials themselves, Schroeder added an “objective reading” did not lead the court to conclude that they were discriminatory or that they promoted a particular religion.
“The materials do not take a position on the historical accuracy of the stories or figures, and the Supreme Court has told us that mere inclusion of passages from the Bible in course materials does not violate the Constitution,” she wrote. “We also conclude, as did the district court, that none of appellants’ characterizations of the Hinduism materials as disparaging is supported by an objective reading of those materials.”
Schroeder was joined on the panel by Chief U.S. Circuit Judge Sidney Thomas, a Bill Clinton appointee, and Donald Trump appointee U.S. Circuit Judge Daniel Bress.
The judges also held that Breyer did not err in excluding an expert report to support the claim that the framework has the primary effect of denigrating Hinduism.
“An expert’s understanding of the terms is irrelevant. We must evaluate the standards and framework from the perspective of an objective, reasonable observer, and not that of an academic who is an expert in the field,” Schroeder wrote.
CAPEEM co-founder and president Arvind Kumar decried the appellate court’s ruling in an emailed statement.
“This shameful judgment by three white judges is not only an endorsement of the white supremacist notions of a light-skinned Aryan race civilizing every other race on Earth, but is also an endorsement by the court of the biblical indoctrination of school children through the use of history textbooks that describe mythological claims and supernatural phenomena in the Bible as though they were historical facts with even dates assigned to them,” he said.
In his first dismissal, Breyer relied on the Ninth Circuit’s reasoning in Monteiro v. The Tempe Union School District, a 1998 case that held a school district could not be sued for making students read Mark Twain’s classic “The Adventures of Huckleberry Finn,” despite the book’s repeated use of racial slurs, because an equal protection challenge would infringe on other students’ First Amendment interests in reading the challenged work and “significantly interfere with the [school district]’s discretion to determine the composition of its curriculum.”
The appellate judges said Thursday that Monteiro forecloses equal protection claims based on objections to course content, rejecting the group’s argument that a discriminatory policy like the one described in their case, is exempted from a Monteiro holding.
“The application of Monteiro v. Tempe Union in this case is an approval by the judges to permit the use of the racial epithet “n****” in government-created documents to describe Black people,” Kumar said of their finding. “Little wonder that Malcolm X said that we cannot win in the white man's court but only win on the streets and the sidewalks.”
A California Department of Education spokesperson applauded the ruling.
“The California Department of Education and State Board of Education has been, and will continue to be, committed to making high-quality, rigorous and balanced curriculum frameworks available to the state's local educational agencies,” the spokesperson said in an email.
The 2017 lawsuit was not the first time CAPEEM challenged aspects of California’s curriculum in court. It brought a complaint in 2006 claiming first through sixth graders were getting derogatory view of Hinduism in social science textbooks that promoted the Aryan Invasion Theory crediting light-skinned invaders with bringing Hinduism to India.
Discovery in that lawsuit yielded evidence of at least one academic who influenced the State Board of Education’s approval of edits and changes recommended by Western religious groups communicating with the Dalit Freedom Network — an organization actually run by a Colorado-based evangelical church. The organization has since been renamed.
"The judges have completely ignored the evidence proving that the Department of Education secretly orchestrated a group of professors who lacked qualifications in ancient Indian history and who have in the past coordinated their activities with a church in Colorado known for its anti-Hindu activities to provide inputs into the adoption process and illegitimately declared them to be official experts at the last moment, completely in violation of the rules that exist for contracting experts,” Kumar said.
Attorney Glenn Katon with Katon Law, who represented CAPEEM and the parents, said in an email, "The parents who brought this case are disappointed that the court did not allow us to go forward with our claims that show clear inferior treatment of Hinduism by the State Board of Education in the standards and framework,” he said. "We are considering our options for further appeal."


courthousenews--2020-09-03--En Banc Fourth Circuits Blocks Abortion Gag Rule in Maryland

RICHMOND , Va. ( CN ) — The Trump administration ’ s rule barring clinics that receive federal funding from referring women for abortions can not be enforced in the state of Maryland , the full Fourth Circuit ruled Thursday .
In a 9-6 decision , the en banc court found that the Trump administration ’ s implementation of its rule undermining the long-standing program known as Title X is both arbitrary and punitive .
Health and Human Services Secretary Alex Azar finalized the rule at issue last year , prohibiting health care providers like Planned Parenthood and others from @ @ @ @ @ @ @ referred their patients to abortion services .
The Title X program pours hundreds of millions of federal dollars into family planning centers and health care facilities throughout the U.S. , which overwhelmingly benefit low-income families and women .
Baltimore ’ s city council and mayor sued Secretary Azar in April 2019 , seeking an injunction blocking the rule on basis that it violated the First Amendment and the Fifth Amendment ’ s equal protection clause , and is “ objectively unreasonable.
” A federal judge in Maryland issued an injunction against the rule @ @ @ @ @ @ @ stayed last year .
The full Richmond , Virginia-based appeals court then agreed to rehear the case .
U.S .
Circuit Judge Stephanie Thacker , a Barack Obama appointee , succinctly explained the Fourth Circuit ’ s decision to side with the city officials in Thursday ’ s ruling , writing that the very act of prohibiting a Title X health care provider from referring a woman for an abortion when she requests it “ quite clearly ‘ interferes with communications ’ about medical options between a patient and her provider.
” Under @ @ @ @ @ @ @ asked to “ hide the ball ” when providing a list of specialists or physicians to a patient for referral , the majority ruling states .
“ This is not ‘ full disclosure of all relevant information , ’ ” Thacker wrote , citing federal health care law .
“ Moreover , considering the time-sensitive nature of pregnancy and access to legal abortion , this attempt to hoodwink patients creates ‘ unreasonable barriers ’ to ‘ appropriate medical care , ’ and ‘ impedes timely access ’ to health care services.
” Thacker @ @ @ @ @ @ @ noted that the so-called abortion gag rule is strongly opposed by the American Medical Association as a violation of ethical standards , along with 20 other entities that filed amici briefs .
U.S .
Circuit Judge Julius Richardson , appointed by President Donald Trump , was one of six Fourth Circuit judges to dissent .
He argued that the administration ’ s rule was established within the bounds of good reasoning .
“ We do not say that an expert swimmer who sees but walks past a drowning person has in any sense @ @ @ @ @ @ @ to that person ’ s rescue , ” Richardson wrote .
He added that the Health and Human Services Department can choose to fund any project it sees fit and service providers have no “ preexisting right ” to dispute or select how public funding is distributed .
But Thacker called this hypothetical from Richardson “ distressingly poignant.
” “ This case is not about a failure to act .
Rather , this case is about placing limits on the ability to act , that is providing funds on which Title X providers @ @ @ @ @ @ @ , but with ethically questionable strings attached , ” she said .
The judge added , “ Therefore , rather than the expert swimmer merely failing to act by walking past the drowning person , this case is more akin to the swimmer jumping in to offer aid to the person , but instead , only assisting the person halfway to shore , or , worse yet , blocking the person from being rescued by someone else.
” A representative from the Health and Human Services Department did not immediately return a request @ @ @ @ @ @ @ ’ s ruling splits with a recent decision from the Ninth Circuit .
In February , the en banc San Francisco-based appeals court ruled 7-4 to uphold the abortion gag rule .
Given the circuit split , it is fairly likely that the issue will eventually be heard by the U.S. Supreme Court .

The Trump administration’s rule barring clinics that receive federal funding from referring women for abortions cannot be enforced in the state of Maryland, the full Fourth Circuit ruled Thursday.
RICHMOND, Va. (CN) — The Trump administration’s rule barring clinics that receive federal funding from referring women for abortions cannot be enforced in the state of Maryland, the full Fourth Circuit ruled Thursday.
In a 9-6 decision, the en banc court found that the Trump administration’s implementation of its rule undermining the long-standing program known as Title X is both arbitrary and punitive.
Health and Human Services Secretary Alex Azar finalized the rule at issue last year, prohibiting health care providers like Planned Parenthood and others from taking federal funding so long as they referred their patients to abortion services.
The Title X program pours hundreds of millions of federal dollars into family planning centers and health care facilities throughout the U.S., which overwhelmingly benefit low-income families and women.
Baltimore’s city council and mayor sued Secretary Azar in April 2019, seeking an injunction blocking the rule on basis that it violated the First Amendment and the Fifth Amendment’s equal protection clause, and is “objectively unreasonable.”
A federal judge in Maryland issued an injunction against the rule, which a divided Fourth Circuit panel stayed last year. The full Richmond, Virginia-based appeals court then agreed to rehear the case.
U.S. Circuit Judge Stephanie Thacker, a Barack Obama appointee, succinctly explained the Fourth Circuit’s decision to side with the city officials in Thursday’s ruling, writing that the very act of prohibiting a Title X health care provider from referring a woman for an abortion when she requests it “quite clearly ‘interferes with communications’ about medical options between a patient and her provider.”
Under the Trump administration rule, doctors were asked to “hide the ball” when providing a list of specialists or physicians to a patient for referral, the majority ruling states.
“This is not ‘full disclosure of all relevant information,’” Thacker wrote, citing federal health care law. “Moreover, considering the time-sensitive nature of pregnancy and access to legal abortion, this attempt to hoodwink patients creates ‘unreasonable barriers’ to ‘appropriate medical care,’ and ‘impedes timely access’ to health care services.”
Thacker, writing for the nine-judge majority, noted that the so-called abortion gag rule is strongly opposed by the American Medical Association as a violation of ethical standards, along with 20 other entities that filed amici briefs.
U.S. Circuit Judge Julius Richardson, appointed by President Donald Trump, was one of six Fourth Circuit judges to dissent. He argued that the administration’s rule was established within the bounds of good reasoning.
“We do not say that an expert swimmer who sees but walks past a drowning person has in any sense impeded or interfered or created unreasonable barriers to that person’s rescue,” Richardson wrote.
He added that the Health and Human Services Department can choose to fund any project it sees fit and service providers have no “preexisting right” to dispute or select how public funding is distributed.
But Thacker called this hypothetical from Richardson “distressingly poignant.”
“This case is not about a failure to act. Rather, this case is about placing limits on the ability to act, that is providing funds on which Title X providers rely to continue serving their low-income patients, but with ethically questionable strings attached,” she said.
The judge added, “Therefore, rather than the expert swimmer merely failing to act by walking past the drowning person, this case is more akin to the swimmer jumping in to offer aid to the person, but instead, only assisting the person halfway to shore, or, worse yet, blocking the person from being rescued by someone else.”
A representative from the Health and Human Services Department did not immediately return a request for comment Thursday.
The Fourth Circuit’s ruling splits with a recent decision from the Ninth Circuit. In February, the en banc San Francisco-based appeals court ruled 7-4 to uphold the abortion gag rule. Given the circuit split, it is fairly likely that the issue will eventually be heard by the U.S. Supreme Court.


courthousenews--2020-09-04--Judge Advances Pared-Down Lawsuits Over DeVos’ Repeal of Obama-Era Rule

SAN JOSE , Calif. ( CN ) — Education Secretary Betsy DeVos can not dodge two lawsuits challenging the repeal of an Obama-era rule designed to protect students from taking on debt for worthless education programs , but the secretary defeated most claims asserted in them .
In July 2019 , DeVos repealed the “ Gainful Employment Rule , ” which required schools to certify their programs adequately prepared students for decent-paying jobs after graduation .
Proposed in 2014 and enacted one year later , the rule was intended to safeguard students from deceptive marketing by predatory , for-profit schools @ @ @ @ @ @ @ offered a reasonable return on investment .
The rule also limited which schools can accept federal student loans by requiring the Education Department to determine eligibility based on the average debt-to-earnings ratio for graduates of each program .
DeVos nixed the rule , arguing the repeal would eliminate onerous reporting requirements for colleges and allow students to retain “ the right to enroll in the program of their choice , rather than allowing government to decide which programs are worth a student ’ s time and financial investment.
” The American Federation of @ @ @ @ @ @ @ two individual teachers pursuing higher education sued DeVos in January .
They claimed DeVos ignored important evidence , including estimates that the repeal will result in more students having difficulty repaying loans , leading to defaults and costing taxpayers $ 5.3 billion over 10 years .
California followed with its own federal lawsuit against the repeal rule in March .
In a 24-page ruling Thursday , U.S. District Judge Edward Davila , a Barack Obama appointee , tossed nearly all claims asserted in both lawsuits , finding the court could not address the @ @ @ @ @ @ @ rule .
However , Davila advanced one claim over alleged defects in the process used to repeal the rule .
The plaintiffs claimed the Education Department failed to specify the research and an analysis it relied upon to make its decision .
Failure to provide that information robbed the plaintiffs of a meaningful chance to comment on the proposed rule before it was finalized , Davila concluded .
The judge dismissed all other claims asserted in the lawsuits , including complaints that students would be “ deprived of information ” on the value @ @ @ @ @ @ @ gave the Education Secretary the power to make schools disclose what types of jobs each program would prepare students for , graduation rates and other information .
Davila found the Obama-era rule gave the Education Secretary the unfettered authority to decide what data should be collected from and disclosed by schools .
“ Thus , the type of information collected is within the Secretary ’ s discretion , ” Davila wrote .
Davila said he can not direct the Education Secretary to exercise her discretion in a particular way because that would violate @ @ @ @ @ @ @ Constitution .
“ Because the Court can not order the Secretary to provide specific information , the Court can not remedy the harm caused by the deprivation of information , ” Davila concluded .
The judge also dismissed claims related to the prior rule ’ s requirement that the Education Department determine if schools are eligible to accept federal student loans based on whether they are preparing students for gainful employment after graduation .
To make those determinations , the Education Department was relying on income data from the Social Security Administration to @ @ @ @ @ @ @ each program .
The Social Security Administration stopped sharing that data with the Education Department in 2018 after another federal judge ruled in a separate lawsuit that the sharing of earnings data violated the Privacy Act .
Davila found that even if he revived the Obama-era rule , the department could not make eligibility determinations based on the prior system because the Social Security Administration no longer shares that information .
“ Reinstatement of the 2014 [ Gainful Employment ] Rule would not result in new debt-to-earnings rate calculations , ” Davila wrote @ @ @ @ @ @ @ would not gain any new information about GE Program ’ s eligibility.
” Davila dismissed all claims , other than the procedural claim asserted in each lawsuit , without leave to amend .
Despite getting most claims dismissed , an attorney with the National Student Legal Defense Network , which represents the teachers ’ unions , hailed the decision as a giant step forward in the legal fight against Devos ’ repeal rule .
“ The Court ’ s decision allows us to move forward and prove that Secretary DeVos repealed the Gainful @ @ @ @ @ @ @ ” said Student Defense Vice President and Chief Counsel Dan Zibel .
“ We are going to restore these protections for our clients and for the millions of students who enroll in for-profit and career college programs every year .
The Education Department and California Attorney General ’ s Office did not immediately return emails seeking comment Thursday evening .

Education Secretary Betsy DeVos cannot dodge two lawsuits challenging the repeal of an Obama-era rule designed to protect students from taking on debt for worthless education programs, but the secretary defeated most claims asserted in them.
SAN JOSE, Calif. (CN) — Education Secretary Betsy DeVos cannot dodge two lawsuits challenging the repeal of an Obama-era rule designed to protect students from taking on debt for worthless education programs, but the secretary defeated most claims asserted in them.
In July 2019, DeVos repealed the “Gainful Employment Rule,” which required schools to certify their programs adequately prepared students for decent-paying jobs after graduation. Proposed in 2014 and enacted one year later, the rule was intended to safeguard students from deceptive marketing by predatory, for-profit schools and inform them if a particular program offered a reasonable return on investment.
The rule also limited which schools can accept federal student loans by requiring the Education Department to determine eligibility based on the average debt-to-earnings ratio for graduates of each program.
DeVos nixed the rule, arguing the repeal would eliminate onerous reporting requirements for colleges and allow students to retain “the right to enroll in the program of their choice, rather than allowing government to decide which programs are worth a student’s time and financial investment.”
The American Federation of Teachers, California Federation of Teachers and two individual teachers pursuing higher education sued DeVos in January. They claimed DeVos ignored important evidence, including estimates that the repeal will result in more students having difficulty repaying loans, leading to defaults and costing taxpayers $5.3 billion over 10 years.
California followed with its own federal lawsuit against the repeal rule in March.
In a 24-page ruling Thursday, U.S. District Judge Edward Davila, a Barack Obama appointee, tossed nearly all claims asserted in both lawsuits, finding the court could not address the plaintiffs’ grievances by reinstating the Obama-era rule.
However, Davila advanced one claim over alleged defects in the process used to repeal the rule. The plaintiffs claimed the Education Department failed to specify the research and an analysis it relied upon to make its decision. Failure to provide that information robbed the plaintiffs of a meaningful chance to comment on the proposed rule before it was finalized, Davila concluded.
The judge dismissed all other claims asserted in the lawsuits, including complaints that students would be “deprived of information” on the value of educational programs. The 2014 rule gave the Education Secretary the power to make schools disclose what types of jobs each program would prepare students for, graduation rates and other information.
Davila found the Obama-era rule gave the Education Secretary the unfettered authority to decide what data should be collected from and disclosed by schools.
“Thus, the type of information collected is within the Secretary’s discretion,” Davila wrote.
Davila said he cannot direct the Education Secretary to exercise her discretion in a particular way because that would violate the separation-of-powers principle enshrined in the U.S. Constitution.
“Because the Court cannot order the Secretary to provide specific information, the Court cannot remedy the harm caused by the deprivation of information,” Davila concluded.
The judge also dismissed claims related to the prior rule’s requirement that the Education Department determine if schools are eligible to accept federal student loans based on whether they are preparing students for gainful employment after graduation.
To make those determinations, the Education Department was relying on income data from the Social Security Administration to calculate a debt-to-earnings ratio for graduates from each program.
The Social Security Administration stopped sharing that data with the Education Department in 2018 after another federal judge ruled in a separate lawsuit that the sharing of earnings data violated the Privacy Act.
Davila found that even if he revived the Obama-era rule, the department could not make eligibility determinations based on the prior system because the Social Security Administration no longer shares that information.
“Reinstatement of the 2014 [Gainful Employment] Rule would not result in new debt-to-earnings rate calculations,” Davila wrote. “Without these calculations, plaintiffs would not gain any new information about GE Program’s eligibility.”
Davila dismissed all claims, other than the procedural claim asserted in each lawsuit, without leave to amend.
Despite getting most claims dismissed, an attorney with the National Student Legal Defense Network, which represents the teachers’ unions, hailed the decision as a giant step forward in the legal fight against Devos’ repeal rule.
“The Court’s decision allows us to move forward and prove that Secretary DeVos repealed the Gainful Employment rule illegally and without justification,” said Student Defense Vice President and Chief Counsel Dan Zibel. “We are going to restore these protections for our clients and for the millions of students who enroll in for-profit and career college programs every year.
The Education Department and California Attorney General’s Office did not immediately return emails seeking comment Thursday evening.