courthousenews--2020-10-13--Uber and Lyft Lobby California Appeals Court to Keep Drivers as Contractors

SAN FRANCISCO ( CN ) — Arguing before a state appeals court Tuesday , Uber and Lyft lawyers predicted fewer rides for consumers , lower earnings for drivers and a spike in drunk-driving accidents if they are forced to classify California drivers as employees instead of contractors .
“ I don ’ t want the court to think that if the injunction is affirmed , that these people will continue to have these earning opportunities because they won ’ t , ” Lyft attorney Rohit Singla said .
Uber and Lyft want California ’ s First Appellate District to overturn @ @ @ @ @ @ @ preliminary injunction requiring them to start classifying drivers as employees .
The injunction was stayed pending appeal on Aug. 20 .
Joined by the cities of Los Angeles , San Francisco and San Diego , California Attorney General Xavier Becerra sued Uber and Lyft in May , accusing them of violating Assembly Bill 5 by misclassifying drivers as independent contractors and denying them employment benefits , such as minimum wage , overtime and unemployment insurance .
AB 5 went into effect this past January .
If forced to comply with the law , @ @ @ @ @ @ @ longer let drivers choose their own working hours .
Government lawyers say nothing in AB 5 prevents the tech giants from offering flexible schedules .
During a two-hour telephonic hearing before a three-judge panel , Singla said classifying drivers as employees would drastically change his client ’ s business model and make scheduling flexibility impossible .
He compared Lyft drivers to the state of California 235,000-person workforce of government employees .
“ Do they have employees that can work whenever they want , stop working for a month or two , ” Singla @ @ @ @ @ @ @ that , have employees working as long as they want whenever they want.
” Both Uber and Lyft insist they are not “ hiring entities ” subject to the labor law but rather providers of technology platforms that connect drivers to riders .
Representing the government , San Francisco Deputy City Attorney Matthew Goldberg was asked how Uber and Lyft differ from other technology platforms such as eBay or Airbnb , which are not considered employers of users who sell products or home rentals on their platforms .
“ There ’ s not @ @ @ @ @ @ @ performing labor and that they should be subject to employment law , ” Goldberg said .
When pressed about the labor involved in cleaning rental properties before and after stays , Goldberg noted that Airbnb provides a list of options from which consumers can choose , functioning more like an online bulletin board than an employer that arranges rides for passengers .
Representing Uber , attorney Theodore Boutrous acknowledged the California Legislature intended to target companies like Uber and Lyft when it passed AB 5 last year .
But he said the Legislature @ @ @ @ @ @ @ changed its business model since the law was passed .
He noted Uber drivers can now set their own fares , based on a price range provided by Uber , and reject rides without facing consequences .
A monthly subscription-fee model also makes Uber less financially reliant on drivers giving individual rides , Boutrous argued .
First Appellate District Justice Tracie Brown noted that with a subscription-fee model , one driver not giving rides may not affect Uber ’ s finances , but if all drivers stopped giving rides , Uber would cease @ @ @ @ @ @ @ say that it ’ s not at all dependent on the drivers driving riders seems a bit of a stretch , ” Brown said .
Boutrous also argued that driver reclassification could reduce the availability of app-based rides , which he said helps reduce drunk-driving accidents in California .
Mothers Against Drunk Driving filed an amicus brief supporting Uber and Lyft ’ s position in the case .
Considering arguments that driver reclassification will cause major disruptions to Uber and Lyft ’ s business models and ride availability , Justice Jon Streeter suggested @ @ @ @ @ @ @ it only applies to full-time drivers .
“ There ’ s also an enormous population of these drivers who are casual drivers , ” Streeter said .
“ They don ’ t want to be employees.
” Goldberg replied that the injunction was already tailored to be as narrow as possible — merely requiring Uber and Lyft to comply with the law , not otherwise telling the companies how to run their businesses .
“ There ’ s no distinction in the law that part-time workers aren ’ t entitled to business expense @ @ @ @ @ @ @ Goldberg said .
Attorneys for Uber and Lyft insisted the government failed to show drivers would suffer irreparable harm without an injunction .
Goldberg responded by citing a 2014 labor law in which the California legislature declared the loss of wages a form of irreparable harm .
He cited sworn statements by multiple drivers saying they “ don ’ t have sufficient money for food and healthcare ” because Uber is denying them full wages and employment benefits .
“ The loss of wages is in fact irreparable , ” Goldberg said .
@ @ @ @ @ @ @ Streeter on the panel .
Uber , Lyft and other gig companies have poured $ 187 million into a November 2020 ballot measure , Proposition 22 , that would exempt them and other app-based services from complying with AB 5 .
The ballot measure proposes keeping drivers as independent contractors but also entitling them to certain benefits , including guaranteed earnings of 120 % of minimum wage , $ 0.30 reimbursement per mile for gas expenses , quarterly health care subsidies for drivers that work 15 hours per week or more , occupational @ @ @ @ @ @ @ anti-discrimination and sexual harassment prevention protections .
Critics say those benefits still fall short of what workers are entitled to under California law .
In August , the First Appellate District ordered the CEOs of Uber and Lyft to submit sworn statements confirming they have developed plans to comply with AB 5 within 30 days if the injunction is upheld and voters reject their proposed ballot measure .

Arguing before a state appeals court Tuesday, Uber and Lyft lawyers predicted fewer rides for consumers, lower earnings for drivers and a spike in drunk-driving accidents if they are forced to classify California drivers as employees instead of contractors.
SAN FRANCISCO (CN) — Arguing before a state appeals court Tuesday, Uber and Lyft lawyers predicted fewer rides for consumers, lower earnings for drivers and a spike in drunk-driving accidents if they are forced to classify California drivers as employees instead of contractors.
“I don’t want the court to think that if the injunction is affirmed, that these people will continue to have these earning opportunities because they won’t,” Lyft attorney Rohit Singla said.
Uber and Lyft want California’s First Appellate District to overturn a lower court’s Aug. 10 preliminary injunction requiring them to start classifying drivers as employees. The injunction was stayed pending appeal on Aug. 20.
Joined by the cities of Los Angeles, San Francisco and San Diego, California Attorney General Xavier Becerra sued Uber and Lyft in May, accusing them of violating Assembly Bill 5 by misclassifying drivers as independent contractors and denying them employment benefits, such as minimum wage, overtime and unemployment insurance. AB 5 went into effect this past January.
If forced to comply with the law, Uber and Lyft say they could no longer let drivers choose their own working hours. Government lawyers say nothing in AB 5 prevents the tech giants from offering flexible schedules.
During a two-hour telephonic hearing before a three-judge panel, Singla said classifying drivers as employees would drastically change his client’s business model and make scheduling flexibility impossible.
He compared Lyft drivers to the state of California 235,000-person workforce of government employees.
“Do they have employees that can work whenever they want, stop working for a month or two,” Singla asked. “No employer can do that, have employees working as long as they want whenever they want.”
Both Uber and Lyft insist they are not “hiring entities” subject to the labor law but rather providers of technology platforms that connect drivers to riders.
Representing the government, San Francisco Deputy City Attorney Matthew Goldberg was asked how Uber and Lyft differ from other technology platforms such as eBay or Airbnb, which are not considered employers of users who sell products or home rentals on their platforms.
“There’s not a suggestion that the Airbnb folks are performing labor and that they should be subject to employment law,” Goldberg said.
When pressed about the labor involved in cleaning rental properties before and after stays, Goldberg noted that Airbnb provides a list of options from which consumers can choose, functioning more like an online bulletin board than an employer that arranges rides for passengers.
Representing Uber, attorney Theodore Boutrous acknowledged the California Legislature intended to target companies like Uber and Lyft when it passed AB 5 last year. But he said the Legislature missed the mark and that Uber has changed its business model since the law was passed.
He noted Uber drivers can now set their own fares, based on a price range provided by Uber, and reject rides without facing consequences. A monthly subscription-fee model also makes Uber less financially reliant on drivers giving individual rides, Boutrous argued.
First Appellate District Justice Tracie Brown noted that with a subscription-fee model, one driver not giving rides may not affect Uber’s finances, but if all drivers stopped giving rides, Uber would cease being a valuable service.
“To say that it’s not at all dependent on the drivers driving riders seems a bit of a stretch,” Brown said.
Boutrous also argued that driver reclassification could reduce the availability of app-based rides, which he said helps reduce drunk-driving accidents in California. Mothers Against Drunk Driving filed an amicus brief supporting Uber and Lyft’s position in the case.
Considering arguments that driver reclassification will cause major disruptions to Uber and Lyft’s business models and ride availability, Justice Jon Streeter suggested the injunction could potentially be narrowed so it only applies to full-time drivers.
“There’s also an enormous population of these drivers who are casual drivers,” Streeter said. “They don’t want to be employees.”
Goldberg replied that the injunction was already tailored to be as narrow as possible — merely requiring Uber and Lyft to comply with the law, not otherwise telling the companies how to run their businesses.
“There’s no distinction in the law that part-time workers aren’t entitled to business expense reimbursement or paid sick leave,” Goldberg said.
Attorneys for Uber and Lyft insisted the government failed to show drivers would suffer irreparable harm without an injunction. Goldberg responded by citing a 2014 labor law in which the California legislature declared the loss of wages a form of irreparable harm.
He cited sworn statements by multiple drivers saying they “don’t have sufficient money for food and healthcare” because Uber is denying them full wages and employment benefits.
“The loss of wages is in fact irreparable,” Goldberg said.
Presiding Justice Stuart Pollak joined Brown and Streeter on the panel.
Uber, Lyft and other gig companies have poured $187 million into a November 2020 ballot measure, Proposition 22, that would exempt them and other app-based services from complying with AB 5.
The ballot measure proposes keeping drivers as independent contractors but also entitling them to certain benefits, including guaranteed earnings of 120% of minimum wage, $0.30 reimbursement per mile for gas expenses, quarterly health care subsidies for drivers that work 15 hours per week or more, occupational accident insurance for on-the-job injuries, and anti-discrimination and sexual harassment prevention protections.
Critics say those benefits still fall short of what workers are entitled to under California law.
In August, the First Appellate District ordered the CEOs of Uber and Lyft to submit sworn statements confirming they have developed plans to comply with AB 5 within 30 days if the injunction is upheld and voters reject their proposed ballot measure.


Voting in Alabama

ATLANTA — Staying part of a lower court ’ s order , the 11th Circuit reinstated Alabama ’ s witness @ @ @ @ @ absentee ballots but declined to reinstate a de facto ban on curbside voting in the @ @

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


courthousenews--2020-10-13--Ghislaine Maxwell Fights to Hide Possibly Incriminating Deposition

MANHATTAN ( CN ) — A Second Circuit panel appeared wary Tuesday of keeping Ghislaine Maxwell ’ s old civil deposition testimony under wraps as she goes to trial for her role in the Jeffrey Epstein sex-trafficking web .
Fighting to make the records public is the Miami Herald , which documented the dynamics of Epstein ’ s sexual “ Pyramid scheme ” of underaged girls in a 2018 investigative series .
“ It is not required that there be an absence of media publicity for a defendant to have a fair trial , ” Christine Walz , an attorney @ @ @ @ @ @ @ Brown , told the appeals court this afternoon .
Like most proceedings in the midst of the coronavirus pandemic , Tuesday ’ s hearing was held remotely .
The Herald has been the animating force behind a mostly successful and ongoing effort to unseal thousands of pages of files from a 2015 lawsuit in which Virginia Maxwell accused Epstein and Maxwell of trafficking her , but defense attorney Adam Mueller emphasized that the seal they seek would would cover only Maxwell ’ s testimony , a narrow subset of the case files .
@ @ @ @ @ @ @ of pages , not thousands of pages , ” Mueller said , putting the exact length of the deposition at 418 pages .
Prosecutors have noted that the deposition shows Maxwell perjuring herself in denying knowledge of Epstein ’ s sex-trafficking network , and U.S .
Circuit Judge José Cabranes pressed Maxwell ’ s legal team on these allegations Tuesday .
“ Is it fair to say your client did not deny knowledge of any activity involving underage minors , or did she ?
” Cabranes asked .
“ What ’ s your @ @ @ @ @ @ @ Maxwell ’ s deposition testimony excerpted in her indictment suggest that she did deny this , falsely , but Mueller said he could not answer those questions without commenting on a sealed document .
The lawyer focused instead on the confidentiality provisions that he said Maxwell had relied upon when she submitted to the 2016 deposition .
“ All the record evidence is that she reasonably relied upon the protective order , ” Mueller said .
Making disclosure especially troubling , the lawyer noted that the deposition included a number of questions in @ @ @ @ @ @ @ stop beating your wife ?
” “ The question itself implies an answer , as all leading questions do , ” Mueller said .
Giuffre ’ s attorney David Boies argued that Maxwell did not have a reasonable expectation of privacy over this deposition , as any confidentiality would have expired if the case went forward to trial .
U.S .
Circuit Judge Reena Raggi appeared skeptical about the argument .
“ What is the purpose of these parties entering into a protective order if there ’ s no protection ?
” Raggi @ @ @ @ @ @ @ order guarded against the immediate release of the deposition , not the ability to keep the document under wraps years after the case had closed .
Maxwell ’ s legal team notes that the deposition eventually will be aired at their client ’ s criminal trial , where the document forms the basis of one of her charges .
“ We don ’ t think it ’ s asking too much to simply preserve status quo , ” Mueller said .
“ Of course , there will be a public criminal trial.
” @ @ @ @ @ @ @ prompt witnesses to conform their testimony to publicly released information .
Raggi , a George W. Bush appointee , noted that would be no reason to stop pretrial press coverage in other instances .
“ We would never put a gag order on their ability to publish on those grounds , ” Raggi added , referring to the press .
The third member of the panel , U.S .
Circuit Judge Rosemary Pooler , praised how the Herald ’ s reporting had helped victims of sexual assault .
“ I am very impressed @ @ @ @ @ @ @ the Miami Herald have done in this case , ” the Clinton appointee said .
In an implicit nod to the presumption of innocence , Pooler asked whether Maxwell herself may be counted among the victims .
Walz rejected that proposition and called it irrelevant .
Published nearly two years ago , the Herald ’ s “ Perversion of Justice ” laid bare an effort by members of the political elite to bury allegations about Epstein ’ s sex ring going back decades .
The articles sent shockwaves through the political and legal @ @ @ @ @ @ @ Epstein and his subsequent death in jail prior to trial .
President Trump ’ s former secretary of labor Alexander Acosta , who helped craft a plea deal that purported to immunize Epstein ’ s alleged co-conspirators , resigned under a cloud shortly after publication .
The Herald also has been credited with spurring Epstein and Maxwell ’ s prosecutions .

A Second Circuit panel appeared wary Tuesday of keeping Ghislaine Maxwell’s old civil deposition testimony under wraps as she goes to trial for her role in the Jeffrey Epstein sex-trafficking web.
MANHATTAN (CN) — A Second Circuit panel appeared wary Tuesday of keeping Ghislaine Maxwell’s old civil deposition testimony under wraps as she goes to trial for her role in the Jeffrey Epstein sex-trafficking web.
Fighting to make the records public is the Miami Herald, which documented the dynamics of Epstein’s sexual “Pyramid scheme” of underaged girls in a 2018 investigative series.
"It is not required that there be an absence of media publicity for a defendant to have a fair trial," Christine Walz, an attorney for the Herald and reporter Julie K. Brown, told the appeals court this afternoon.
Like most proceedings in the midst of the coronavirus pandemic, Tuesday’s hearing was held remotely.
The Herald has been the animating force behind a mostly successful and ongoing effort to unseal thousands of pages of files from a 2015 lawsuit in which Virginia Giuffre accused Epstein and Maxwell of trafficking her, but defense attorney Adam Mueller emphasized that the seal they seek would would cover only Maxwell’s testimony, a narrow subset of the case files.
"We're talking about hundreds of pages, not thousands of pages," Mueller said, putting the exact length of the deposition at 418 pages.
Prosecutors have noted that the deposition shows Maxwell perjuring herself in denying knowledge of Epstein’s sex-trafficking network, and U.S. Circuit Judge José Cabranes pressed Maxwell’s legal team on these allegations Tuesday.
“Is it fair to say your client did not deny knowledge of any activity involving underage minors, or did she?” Cabranes asked. “What’s your view of this?”
Portions of Maxwell’s deposition testimony excerpted in her indictment suggest that she did deny this, falsely, but Mueller said he could not answer those questions without commenting on a sealed document.
The lawyer focused instead on the confidentiality provisions that he said Maxwell had relied upon when she submitted to the 2016 deposition.
“All the record evidence is that she reasonably relied upon the protective order,” Mueller said.
Making disclosure especially troubling, the lawyer noted that the deposition included a number of questions in the vein of "when did you stop beating your wife?”
“The question itself implies an answer, as all leading questions do,” Mueller said.
Giuffre’s attorney David Boies argued that Maxwell did not have a reasonable expectation of privacy over this deposition, as any confidentiality would have expired if the case went forward to trial.
U.S. Circuit Judge Reena Raggi appeared skeptical about the argument.
"What is the purpose of these parties entering into a protective order if there's no protection?" Raggi asked.
Boies replied that the protective order guarded against the immediate release of the deposition, not the ability to keep the document under wraps years after the case had closed.
Maxwell’s legal team notes that the deposition eventually will be aired at their client’s criminal trial, where the document forms the basis of one of her charges.
"We don't think it's asking too much to simply preserve status quo," Mueller said. "Of course, there will be a public criminal trial."
Mueller argued that releasing the document could prompt witnesses to conform their testimony to publicly released information.
Raggi, a George W. Bush appointee, noted that would be no reason to stop pretrial press coverage in other instances.
“We would never put a gag order on their ability to publish on those grounds,” Raggi added, referring to the press.
The third member of the panel, U.S. Circuit Judge Rosemary Pooler, praised how the Herald’s reporting had helped victims of sexual assault.
“I am very impressed with the work that Julie Brown and the Miami Herald have done in this case,” the Clinton appointee said.
In an implicit nod to the presumption of innocence, Pooler asked whether Maxwell herself may be counted among the victims.
Walz rejected that proposition and called it irrelevant.
Published nearly two years ago, the Herald’s “Perversion of Justice” laid bare an effort by members of the political elite to bury allegations about Epstein’s sex ring going back decades.
The articles sent shockwaves through the political and legal communities, culminating in the indictment of Epstein and his subsequent death in jail prior to trial.
President Trump’s former secretary of labor Alexander Acosta, who helped craft a plea deal that purported to immunize Epstein’s alleged co-conspirators, resigned under a cloud shortly after publication.
The Herald also has been credited with spurring Epstein and Maxwell’s prosecutions.


Alligator Parts

FRESNO , Calif. — A federal court in California temporarily blocked the state from enforcing its law that criminalizes the @ @ @ @ @ of alligator and crocodile parts , finding the statute is likely preempted by federal law @


Jumping Mouse

ALBUQUERQUE , N.M. — A federal court in New Mexico ruled against two cattlemen ’ s associations that wanted to @ @ @ @ @ critical habitat for the endangered New Mexico jumping meadow mouse .
The mouse is also @ @ @ @ @ mouse ” because of its looks and the fact that it can leap more than @ @ @ @ @ .


courthousenews--2020-10-14--Fifth Circuit Strikes Texas’ Ban on Common Abortion Procedure

( CN ) — A three-judge panel of the Fifth Circuit Tuesday struck down Texas ’ attempted ban on the most common abortion procedure performed during the second trimester of pregnancy .
In 2017 , Texas lawmakers passed Senate Bill 8 , which made it illegal for physicians to perform a dilation and evacuation abortion without first causing “ fetal demise ” in utero by injecting a chemical compound or performing an umbilical cord transection .
Several clinics and physicians challenged the law , arguing that it threatened the health of their patients and violated their constitutionally protected right to @ @ @ @ @ @ @ & E procedure , doctors dilate a woman ’ s cervix and use instruments such as forceps to grasp and evacuate the fetal tissue .
The procedure , which is used beginning at 15 weeks of pregnancy , is the safest and most common method of second-trimester abortions .
U.S. District Judge Lee Yeakel , a George W. Bush appointee , sided with the clinics after a five-day trial in November 2017 , finding that the state ’ s requirement that a woman undergo an “ unwanted , risky , invasive and experimental @ @ @ @ @ @ @ to choose an abortion ” was unconstitutional .
In a 2-1 decision Tuesday evening , the Fifth Circuit panel upheld Yeakel ’ s ruling .
U.S .
Circuit Judge James L. Dennis , a Bill Clinton appointee , wrote in the panel ’ s 22-page ruling that the unnecessary procedures required by SB 8 “ expose all women to heightened risks of adverse health consequences , while offering no corresponding health benefit.
” “ Taken together , these burdens are substantial , exceed any minimal benefits from the law , and thus are @ @ @ @ @ @ @ And because SB8 would subject all women seeking a D & E abortion after 15 weeks LMP [ last menstrual period ] to these undue burdens , SB8 operates as a substantial obstacle in a large fraction of cases in which it is relevant.
” “ Indeed , the law imposes an undue burden on every Texas woman for whom it is an actual , rather than irrelevant , restriction , ” Dennis added .
SB 8 did not use the term “ dilation and evacuation , ” but referred to the procedure @ @ @ @ @ @ @ and the state argued that the law advanced its interests in “ protecting unborn life ” and promoting medical ethics .
However , as Dennis noted in his opinion Tuesday , the Supreme Court has ruled that the courts must balance the benefits of a law with the burdens it imposes on abortion access .
The requirement that women seeking a D & E procedure undergo an additional , medically unnecessary procedure would have increased the duration of the procedure from one day to two , which would be “ particularly burdensome for @ @ @ @ @ @ @ wait until the second trimester to seek an abortion because of the time needed to obtain funds to pay for the procedure , ” the ruling states .
Additionally , the law would have forced abortion providers to act against their own medical judgment and the best interest of their patients .
The state argued the law promoted its interest in “ preventing fetal pain , ” but Dennis said : “ We find little merit in this argument.
” “ Major medical organizations , including the American Medical Association , the American @ @ @ @ @ @ @ the Royal College of Obstetricians and Gynecologists , have concluded that fetal pain is not even possible before at least 24 weeks LMP , ” Dennis wrote .
Embattled Texas Attorney General Ken Paxton , who was recently accused of abuses of office by several staffers , said in a statement Tuesday that his office was analyzing the Fifth Circuit ’ s decision and evaluating its options .
“ Live fetal dismemberment is an inhuman abortion procedure that literally tears apart a living , pain-capable child on the cusp of viability , ” @ @ @ @ @ @ @ The Texas Legislature acted well within constitutional limits when it banned this barbaric practice .
I will continue to defend the Legislature ’ s decision.
” Amy Hagstrom Miller , the president and CEO of one of the plaintiff clinics , Whole Woman ’ s Health , called the panel ’ s decision a win for people across the country .
“ Everyone deserves to benefit from advancements in medicine and from expert medical care , no matter where they live , ” Hagstrom Miller said in a statement .
“ We are @ @ @ @ @ @ @ the charge challenging bad laws and ensuring that all Texans get the healthcare they deserve.
” Abortion care provider Dr. Bhavik Kumar , one of the plaintiff physicians in the case , said that the ruling means he and his colleagues can continue to provide the “ highest quality medical care ” to their patients.
” “ The state ’ s attempt to interfere in private , deeply personal health care decisions by banning the most common method of abortion at this stage of pregnancy would have put patients in danger and punished @ @ @ @ @ @ @ , training , and expertise , ” Kumar said .
“ Unfortunately , extremist politicians ’ ongoing attempts to restrict access to abortion — method by method , state by state — until it is completely out of reach are all too familiar to physicians like myself .
Thankfully , the court today affirmed what we have always known : that private medical decisions should stay between patients and the doctors they trust with their health care.
” U.S .
Circuit Judge Carl E. Stewart , a Bill Clinton appointee , joined Dennis @ @ @ @ @ @ @ Judge Don Willett , a Donald Trump appointee , dissented .

A three-judge panel of the Fifth Circuit Tuesday struck down Texas’ attempted ban on the most common abortion procedure performed during the second trimester of pregnancy.
(CN) — A three-judge panel of the Fifth Circuit Tuesday struck down Texas’ attempted ban on the most common abortion procedure performed during the second trimester of pregnancy.
In 2017, Texas lawmakers passed Senate Bill 8, which made it illegal for physicians to perform a dilation and evacuation abortion without first causing “fetal demise” in utero by injecting a chemical compound or performing an umbilical cord transection. Several clinics and physicians challenged the law, arguing that it threatened the health of their patients and violated their constitutionally protected right to obtain an abortion.
During a D&E procedure, doctors dilate a woman’s cervix and use instruments such as forceps to grasp and evacuate the fetal tissue. The procedure, which is used beginning at 15 weeks of pregnancy, is the safest and most common method of second-trimester abortions.
U.S. District Judge Lee Yeakel, a George W. Bush appointee, sided with the clinics after a five-day trial in November 2017, finding that the state’s requirement that a woman undergo an “unwanted, risky, invasive and experimental procedure in exchange for exercising her right to choose an abortion” was unconstitutional.
In a 2-1 decision Tuesday evening, the Fifth Circuit panel upheld Yeakel’s ruling.
U.S. Circuit Judge James L. Dennis, a Bill Clinton appointee, wrote in the panel’s 22-page ruling that the unnecessary procedures required by SB 8 “expose all women to heightened risks of adverse health consequences, while offering no corresponding health benefit.”
“Taken together, these burdens are substantial, exceed any minimal benefits from the law, and thus are undue,” Dennis wrote. “And because SB8 would subject all women seeking a D&E abortion after 15 weeks LMP [last menstrual period] to these undue burdens, SB8 operates as a substantial obstacle in a large fraction of cases in which it is relevant.”
“Indeed, the law imposes an undue burden on every Texas woman for whom it is an actual, rather than irrelevant, restriction,” Dennis added.
SB 8 did not use the term “dilation and evacuation,” but referred to the procedure as a “dismemberment abortion,” and the state argued that the law advanced its interests in “protecting unborn life” and promoting medical ethics.
However, as Dennis noted in his opinion Tuesday, the Supreme Court has ruled that the courts must balance the benefits of a law with the burdens it imposes on abortion access.
The requirement that women seeking a D&E procedure undergo an additional, medically unnecessary procedure would have increased the duration of the procedure from one day to two, which would be “particularly burdensome for low-income women, many of whom must wait until the second trimester to seek an abortion because of the time needed to obtain funds to pay for the procedure,” the ruling states.
Additionally, the law would have forced abortion providers to act against their own medical judgment and the best interest of their patients.
The state argued the law promoted its interest in “preventing fetal pain,” but Dennis said: “We find little merit in this argument.”
“Major medical organizations, including the American Medical Association, the American College of Obstetricians and Gynecologists, and the Royal College of Obstetricians and Gynecologists, have concluded that fetal pain is not even possible before at least 24 weeks LMP,” Dennis wrote.
Embattled Texas Attorney General Ken Paxton, who was recently accused of abuses of office by several staffers, said in a statement Tuesday that his office was analyzing the Fifth Circuit’s decision and evaluating its options.
“Live fetal dismemberment is an inhuman abortion procedure that literally tears apart a living, pain-capable child on the cusp of viability,” Paxton added in the statement. “The Texas Legislature acted well within constitutional limits when it banned this barbaric practice. I will continue to defend the Legislature’s decision.”
Amy Hagstrom Miller, the president and CEO of one of the plaintiff clinics, Whole Woman’s Health, called the panel’s decision a win for people across the country.
“Everyone deserves to benefit from advancements in medicine and from expert medical care, no matter where they live,” Hagstrom Miller said in a statement. “We are proud, once again, to lead the charge challenging bad laws and ensuring that all Texans get the healthcare they deserve.”
Abortion care provider Dr. Bhavik Kumar, one of the plaintiff physicians in the case, said that the ruling means he and his colleagues can continue to provide the “highest quality medical care” to their patients.”
“The state’s attempt to interfere in private, deeply personal health care decisions by banning the most common method of abortion at this stage of pregnancy would have put patients in danger and punished doctors for using our best medical judgment, training, and expertise,” Kumar said. “Unfortunately, extremist politicians’ ongoing attempts to restrict access to abortion — method by method, state by state — until it is completely out of reach are all too familiar to physicians like myself. Thankfully, the court today affirmed what we have always known: that private medical decisions should stay between patients and the doctors they trust with their health care.”
U.S. Circuit Judge Carl E. Stewart, a Bill Clinton appointee, joined Dennis in the opinion. U.S. Circuit Judge Don Willett, a Donald Trump appointee, dissented.


courthousenews--2020-10-14--Facebook Bans Anti-Vaccination Ads But Not Antivax Posts

OAKLAND , Calif. ( AP ) — Facebook says it will ban ads on its platform that discourage vaccinations — with an exception carved out for advocacy ads about government vaccine policies .
The company already bans ads about vaccine “ hoaxes , ” such as the false idea that vaccinations cause autism .
The latest policy expands the ban to ads that discourage vaccines for any reason .
But Facebook also said Tuesday that ads that “ advocate for or against legislation or government policies around vaccines ” — including a COVID-19 vaccine — will still be allowed .
@ @ @ @ @ @ @ approved by the company as political advertisements and include a “ paid for by ” label on who is funding them .
And unpaid posts by people or groups that discourage vaccinations will also still be allowed — the new policy only includes paid advertisements .
The social network said it will also run an information campaign encouraging people to get their flu shots this year .
Facebook has taken other steps to try to stop the spread of vaccine and coronavirus-related misinformation on its platform .
Last year , it said it @ @ @ @ @ @ @ spread misinformation about vaccinations from the search function of its site .
Since the pandemic began , the company has tightened its rules around COVID-related misinformation .
For instance , it promotes articles that debunk COVID-19 misinformation , of which there are thousands , on a new information center called “ Get The Facts.
” It also bans what it deems “ dangerous ” misinformation about the virus and has removed posts by President Donald Trump under this policy .
Some experts were skeptical about the move .
Facebook is addressing the anti-vaxxers @ @ @ @ @ @ @ anti-vaxxers of 2020 , said David A. Broniatowski , an associate professor at George Washington University ’ s school of engineering and applied science who has published several studies on vaccine misinformation .
Broniatowski published a study in 2019 that found that the majority of anti-vaccine misinformation being pushed in advertisements on Facebook were coming from two groups , including one led by Robert F. Kennedy Jr. and a California-based organization called Stop Mandatory Vaccination .
“ Facebook by banning anti-vaccine ads is probably not banning more than half of the ads , @ @ @ @ @ @ @ where they are coming from that they want to promote civil engagement but at the same time , if their intention is to reduce the amount of anti-vaccine misinformation , they are not addressing the largest source of that misinformation.
” Associated Press Writer Beatrice Dupuy contributed to this story from New York .

Facebook says it will ban ads on its platform that discourage vaccinations — with an exception carved out for advocacy ads about government vaccine policies.
OAKLAND, Calif. (AP) — Facebook says it will ban ads on its platform that discourage vaccinations — with an exception carved out for advocacy ads about government vaccine policies.
The company already bans ads about vaccine “hoaxes," such as the false idea that vaccinations cause autism. The latest policy expands the ban to ads that discourage vaccines for any reason.
But Facebook also said Tuesday that ads that “advocate for or against legislation or government policies around vaccines” — including a COVID-19 vaccine — will still be allowed. These ads will still have to be approved by the company as political advertisements and include a “paid for by” label on who is funding them.
And unpaid posts by people or groups that discourage vaccinations will also still be allowed — the new policy only includes paid advertisements.
The social network said it will also run an information campaign encouraging people to get their flu shots this year.
Facebook has taken other steps to try to stop the spread of vaccine and coronavirus-related misinformation on its platform. Last year, it said it would begin hiding groups and pages that spread misinformation about vaccinations from the search function of its site.
Since the pandemic began, the company has tightened its rules around COVID-related misinformation. For instance, it promotes articles that debunk COVID-19 misinformation, of which there are thousands, on a new information center called “Get The Facts.” It also bans what it deems “dangerous" misinformation about the virus and has removed posts by President Donald Trump under this policy.
Some experts were skeptical about the move.
Facebook is addressing the anti-vaxxers of 2014 and 2015 and not the anti-vaxxers of 2020, said David A. Broniatowski, an associate professor at George Washington University’s school of engineering and applied science who has published several studies on vaccine misinformation.
Broniatowski published a study in 2019 that found that the majority of anti-vaccine misinformation being pushed in advertisements on Facebook were coming from two groups, including one led by Robert F. Kennedy Jr. and a California-based organization called Stop Mandatory Vaccination.
“Facebook by banning anti-vaccine ads is probably not banning more than half of the ads,” he said. “I understand where they are coming from that they want to promote civil engagement but at the same time, if their intention is to reduce the amount of anti-vaccine misinformation, they are not addressing the largest source of that misinformation.”
By BARBARA ORTUTAY AP Technology Writer
Associated Press Writer Beatrice Dupuy contributed to this story from New York.


Melania Trump

WASHINGTON — The Justice Department on Tuesday sued Stephanie Winston Wolkoff , a former advisor to Melania Trump , over @ @ @ @ @ time working for the first lady .
The suit , which seeks a constructive trust @ @ @ @ @ obtains from her book , claims Wolkoff breached her nondisclosure obligations .


courthousenews--2020-10-14--Robot Swarms Follow Instructions to Create Art

( CN ) — The term “ robot swarm ” conjures dystopian images of killer robot hordes rising up against their human masters .
But a new study aims to demonstrate that multi-robot systems can be used for a higher purpose : art .
Researchers led by Dr. María Santos of the Georgia Institute of Technology explored the possibility of tiny , coordinated robots covering a canvas with various colors .
“ The intersection between robotics and art has become an active area of study where artists and researchers combine creativity and systematic thinking to push the boundaries of different @ @ @ @ @ @ @ “ However , the artistic possibilities of multi-robot systems are yet to be explored in depth.
” “ Interactive Multi-Robot Painting Through Colored Motion Trails , ” published in the open-access journal Frontiers in Robotics and AI , details how researchers designed a system to designate which regions on a canvas should receive paint , as well as which colors should be applied to those regions .
Using a projector , Santos and her colleagues — Gennaro Notomista of the Georgia Institute of Technology and Siddharth Mayya and Magus Egerstedt , both at @ @ @ @ @ @ @ paint trail behind each robot .
“ In a team , the robots cover the domain according to the ( programmed ) densities , coordinating among themselves based on their painting equipment , ” the study authors wrote .
In a video of the simulation , the robots operating at slower speeds look like dark Matchbox cars with tower antennas creating crayon worm trails in their wake .
At faster speeds however , the 12-robot swarm appears more like bumblebees buzzing busily across the canvas , which is quickly covered in seemingly random @ @ @ @ @ @ @ “ The multi-robot team can be thought of as an ‘ active ’ brush for the human artist to paint with , where the individual robots ( the bristles ) move over the canvas according to the color specifications provided by the human , ” Santos said .
While the completed painting is too crude to be considered art because the technology needs refinement , the concept seems plausible .
And in “ a first for robot-created art , ” artists can select where the robots distribute the colors and which colors should @ @ @ @ @ @ @ time .
“ The images confirm that it is possible for an artist to successfully instruct a robot swarm to paint a picture , ” Santos said .
The next step for Santos and her colleagues is to develop a robot that can apply actual paint onto a real canvas to create a more refined image .
But the implications of her study are clear .
“ This system could allow artists to control the robot swarm as it creates the artwork in real time , ” Santos said .
“ The artist @ @ @ @ @ @ @ for each individual robot , or even worry whether they have access to all the colors needed , allowing them to focus on creating the painting.
” Santos ’ work has garnered attention in the past .
During her doctoral studies , she was awarded a La Caixa Fellowship for Graduate Studies in North America .
When she ’ s not researching robotics , the native of Spain plays violin , lending her insight into the artistic process .
But do modern artists want to harness technology to produce art ?
Santos thinks @ @ @ @ @ @ @ tactile and labor-intensive creating art continues to be in an increasingly digital world .
After all , robots already build cars and assist doctors in surgery .

The term “robot swarm” conjures dystopian images of killer robot hordes rising up against their human masters. But a new study aims to demonstrate that multi-robot systems can be used for a higher purpose: art.
(CN) — The term “robot swarm” conjures dystopian images of killer robot hordes rising up against their human masters. But a new study aims to demonstrate that multi-robot systems can be used for a higher purpose: art.
Researchers led by Dr. María Santos of the Georgia Institute of Technology explored the possibility of tiny, coordinated robots covering a canvas with various colors.
“The intersection between robotics and art has become an active area of study where artists and researchers combine creativity and systematic thinking to push the boundaries of different art forms,” Santos stated. “However, the artistic possibilities of multi-robot systems are yet to be explored in depth.”
“Interactive Multi-Robot Painting Through Colored Motion Trails,” published in the open-access journal Frontiers in Robotics and AI, details how researchers designed a system to designate which regions on a canvas should receive paint, as well as which colors should be applied to those regions.
Using a projector, Santos and her colleagues — Gennaro Notomista and Magus Egerstedt, both of the Georgia Institute of Technology and Siddharth Mayya from the University of Pennsylvania — simulated a paint trail behind each robot.
“In a team, the robots cover the domain according to the (programmed) densities, coordinating among themselves based on their painting equipment,” the study authors wrote.
In a video of the simulation, the robots operating at slower speeds look like dark Matchbox cars with tower antennas creating crayon worm trails in their wake. At faster speeds however, the 12-robot swarm appears more like bumblebees buzzing busily across the canvas, which is quickly covered in seemingly random patterns reminiscent of an abstract painting.
"The multi-robot team can be thought of as an ‘active’ brush for the human artist to paint with, where the individual robots (the bristles) move over the canvas according to the color specifications provided by the human," Santos said.
While the completed painting is too crude to be considered art because the technology needs refinement, the concept seems plausible. And in “a first for robot-created art,” artists can select where the robots distribute the colors and which colors should be placed in specific areas in real time.
“The images confirm that it is possible for an artist to successfully instruct a robot swarm to paint a picture,” Santos said.
The next step for Santos and her colleagues is to develop a robot that can apply actual paint onto a real canvas to create a more refined image. But the implications of her study are clear.
“This system could allow artists to control the robot swarm as it creates the artwork in real time,” Santos said. “The artist doesn't need to provide instructions for each individual robot, or even worry whether they have access to all the colors needed, allowing them to focus on creating the painting.”
Santos’ work has garnered attention in the past. During her doctoral studies, she was awarded a La Caixa Fellowship for Graduate Studies in North America.
When she’s not researching robotics, the native of Spain plays violin, lending her insight into the artistic process.
But do modern artists want to harness technology to produce art? Santos thinks the idea has potential, given how tactile and labor-intensive creating art continues to be in an increasingly digital world. After all, robots already build cars and assist doctors in surgery.
Why not art?


courthousenews--2020-10-14--LA County Residents Demand Feds Reject Exide Bankruptcy Plan

( CN ) — The operators of the now-shuttered Exide Technologies battery recycling plant in Los Angeles County have proposed a plan to abandon the site through bankruptcy and avoid cleaning it and the surrounding , predominantly Latino neighborhoods , where residents have reported lead poisoning and other health issues for decades .
Residents from the affected communities , environmental experts and elected officials asked the Department of Justice during a telephone hearing Tuesday to reject a bankruptcy proposal filed by Exide .
Some cried , others yelled and many asked the federal government to hold Exide liable for environmental @ @ @ @ @ @ @ .
Many Latino residents who spoke during the hearing accused Exide of environmental racism and considered federal regulators complicit because the Trump administration has not opposed the plan .
The company ’ s proposed settlement with the U.S. Environmental Protection Agency is making its way through a U.S. Bankruptcy Court in Denver .
A hearing on the proposed plan is scheduled for Thursday .
The smelting plant has been a fixture in the city of Vernon since 1922 and Exide took over in 2000 .
In 2014 , state regulators forced the battery @ @ @ @ @ @ @ the site spread lead dust over residential neighborhoods up to 1.7 miles away .
The next year , the operators avoided criminal prosecution when they agreed to a settlement with federal regulators and to perform a $ 50 million cleanup at the site and surrounding areas .
The operators also admitted they mishandled hazardous waste at the site for years .
In May , Exide Holdings filed for bankruptcy and moved ahead with a nonconsensual confirmation to skirt liability and abandon the site .
Callers during a nearly five-hour-long telephone hearing asked for @ @ @ @ @ @ @ company and for the Department of Justice to reject the plan .
Others shared their health problems .
Resident Elizabeth Alvarez said she lives about a mile from the now-shuttered site .
She said her son was born with a malformation of his stomach and her daughter has a rare disease likely caused by lead poisoning from Exide .
“ How dare they pollute our communities and try to walk away , ” Alvarez said .
Boyle Heights resident Rosalie Hernandez has lived in the area for 15 years .
“ It just @ @ @ @ @ @ @ to this environmental racism , ” Hernandez said .
Yvonne Martinez Watson , who lives in the nearby city of Montebello , said “ heads would roll ” if this type of environmental disaster happened in a more affluent community as opposed to a working class , predominantly Latino community .
Salvador Gutierrez , from the city of Commerce , made the same request that many others made during the hearing : He asked the Department of Justice to bring criminal charges against Exide executives .
California Assemblymember Cristina Garcia , who represents @ @ @ @ @ @ @ said it would not be fair for the operators to walk away from the site when residents who face environmental harms can not do the same .
“ It ’ s long overdue that we show this community we care about them and they ’ re not disposable , ” said Garcia .
Residents also asked for the public comment period to be extended beyond the eight days that was allotted when the proposal was made public in late September .
Roughly 4,700 properties have been tested in the area around the plant @ @ @ @ @ @ @ 200 million to do some cleanup .
If Exide is allowed to move ahead with its bankruptcy plan , California and taxpayers could be on the hook for roughly $ 270 million and the cleanup could be held up for years .

The operators of the now-shuttered Exide Technologies battery recycling plant in Los Angeles County have proposed a plan to abandon the site through bankruptcy and avoid cleaning it and the surrounding, predominantly Latino neighborhoods, where residents have reported lead poisoning and other health issues for decades.
(CN) — The operators of the now-shuttered Exide Technologies battery recycling plant in Los Angeles County have proposed a plan to abandon the site through bankruptcy and avoid cleaning it and the surrounding, predominantly Latino neighborhoods, where residents have reported lead poisoning and other health issues for decades.
Residents from the affected communities, environmental experts and elected officials asked the Department of Justice during a telephone hearing Tuesday to reject a bankruptcy proposal filed by Exide. Some cried, others yelled and many asked the federal government to hold Exide liable for environmental damage that impacted more than 100,000 residents.
Many Latino residents who spoke during the hearing accused Exide of environmental racism and considered federal regulators complicit because the Trump administration has not opposed the plan. The company’s proposed settlement with the U.S. Environmental Protection Agency is making its way through a U.S. Bankruptcy Court in Denver. A hearing on the proposed plan is scheduled for Thursday.
The smelting plant has been a fixture in the city of Vernon since 1922 and Exide took over in 2000.
In 2014, state regulators forced the battery recycling plant to shut down, finding the site spread lead dust over residential neighborhoods up to 1.7 miles away. The next year, the operators avoided criminal prosecution when they agreed to a settlement with federal regulators and to perform a $50 million cleanup at the site and surrounding areas. The operators also admitted they mishandled hazardous waste at the site for years.
In May, Exide Holdings filed for bankruptcy and moved ahead with a nonconsensual confirmation to skirt liability and abandon the site.
Callers during a nearly five-hour-long telephone hearing asked for criminal charges to be brought against the company and for the Department of Justice to reject the plan. Others shared their health problems.
Resident Elizabeth Alvarez said she lives about a mile from the now-shuttered site. She said her son was born with a malformation of his stomach and her daughter has a rare disease likely caused by lead poisoning from Exide.
“How dare they pollute our communities and try to walk away,” Alvarez said.
Boyle Heights resident Rosalie Hernandez has lived in the area for 15 years.
“It just seems unfair that our community is subjected to this environmental racism,” Hernandez said.
Yvonne Martinez Watson, who lives in the nearby city of Montebello, said “heads would roll” if this type of environmental disaster happened in a more affluent community as opposed to a working class, predominantly Latino community.
Salvador Gutierrez, from the city of Commerce, made the same request that many others made during the hearing: He asked the Department of Justice to bring criminal charges against Exide executives.
California Assemblymember Cristina Garcia, who represents several cities near the Exide plant, said it would not be fair for the operators to walk away from the site when residents who face environmental harms cannot do the same.
“It’s long overdue that we show this community we care about them and they’re not disposable,” said Garcia.
Residents also asked for the public comment period to be extended beyond the eight days that was allotted when the proposal was made public in late September.
Roughly 4,700 properties have been tested in the area around the plant and the state has spent approximately $200 million to do some cleanup.
If Exide is allowed to move ahead with its bankruptcy plan, California and taxpayers could be on the hook for roughly $270 million and the cleanup could be held up for years.


courthousenews--2020-10-14--Federal Judge Dismisses Georgia Voters’ Suit Over Long Poll Lines

ATLANTA ( CN ) — A federal judge in Georgia Tuesday dismissed a lawsuit brought by voters challenging long lines at the polls , finding that election officials have already made sufficient changes to shorten voting wait times in the state after a June 2020 primary in which some voters waited for hours to cast their ballots .
In a 78-page ruling , U.S. District Judge Michael Brown said the plaintiffs in the case can not show that long lines at the polls on Election Day are “ all but certain ” to occur in Georgia .
The judge cited @ @ @ @ @ @ @ June primary election that left some voters waiting outside precincts into the late evening .
“ The predictive value of Georgia ’ s past elections is simply too limited to tell us ( with the requisite certainty ) what will happen in November , ” Brown wrote .
“ Georgia revamped its voting equipment and voting process in 2020 , so elections before then reveal little about elections today.
” Brown ’ s decision comes one day after the Peach State experienced record-breaking voter turnout on the first day of early voting there @ @ @ @ @ @ @ and hours-long waits at polling places in the metro Atlanta area .
According to the Georgia Secretary of State ’ s office , turnout increased by 42 % compared to the previous record set on the first day of in-person voting ahead of the November 2016 election .
Nearly 130,000 voters cast in-person ballots Monday .
The lawsuit , filed by the Democratic Party of Georgia and three Atlanta voters , sought an injunction to force election officials to reallocate voting computers , increase poll worker training , require more rigorous equipment testing @ @ @ @ @ @ @ ballots when wait times exceed 30 minutes .
One of the plaintiffs in the suit claimed they waited in line at their polling place in the June primary election for more than 8 hours before finally voting at 1 a.m .
The judge ruled Tuesday that state election officials have taken sufficient steps to address the lack of sufficient poll workers , technicians , backup paper pollbooks , and emergency paper ballots at polling sites that plagued prior elections .
But Brown , a Donald Trump appointee , also noted that the June @ @ @ @ @ @ @ that make it an unreliable guide to future elections ” thanks to the introduction of a new $ 107 million voting system and complications arising from the Covid-19 pandemic .
“ This time Defendants have had months to prepare for it based on the experience and lessons of a prior ‘ pandemic election , ’ ” the judge wrote .
According to the ruling , some registered voters in Fulton County , for example , have been removed from high-traffic polling locations to reduce wait times at the polls and the county has @ @ @ @ @ @ @ June 2020 to 255 in November 2020 .
A September ruling in another Georgia voting rights case requires every polling location in the state to have at least one backup paper pollbook in case electronic pollbooks malfunction .
“ It is possible , of course , these measures will ultimately prove insufficient and long lines will still arise .
But that is not the point ; no one , including this Court , can guarantee short lines , ” Brown wrote .

A federal judge in Georgia Tuesday dismissed a lawsuit brought by voters challenging long lines at the polls, finding that election officials have already made sufficient changes to shorten voting wait times in the state after a June 2020 primary in which some voters waited for hours to cast their ballots.
ATLANTA (CN) — A federal judge in Georgia Tuesday dismissed a lawsuit brought by voters challenging long lines at the polls, finding that election officials have already made sufficient changes to shorten voting wait times in the state after a June 2020 primary in which some voters waited for hours to cast their ballots.
In a 78-page ruling, U.S. District Judge Michael Brown said the plaintiffs in the case cannot show that long lines at the polls on Election Day are “all but certain” to occur in Georgia. The judge cited voting system improvements made after a disastrous June primary election that left some voters waiting outside precincts into the late evening.
“The predictive value of Georgia’s past elections is simply too limited to tell us (with the requisite certainty) what will happen in November,” Brown wrote. “Georgia revamped its voting equipment and voting process in 2020, so elections before then reveal little about elections today.”
Brown’s decision comes one day after the Peach State experienced record-breaking voter turnout on the first day of early voting there, leading once again to long lines and hours-long waits at polling places in the metro Atlanta area.
According to the Georgia Secretary of State’s office, turnout increased by 42% compared to the previous record set on the first day of in-person voting ahead of the November 2016 election. Nearly 130,000 voters cast in-person ballots Monday.
The lawsuit, filed by the Democratic Party of Georgia and three Atlanta voters, sought an injunction to force election officials to reallocate voting computers, increase poll worker training, require more rigorous equipment testing, and order the use of paper ballots when wait times exceed 30 minutes.
One of the plaintiffs in the suit claimed they waited in line at their polling place in the June primary election for more than 8 hours before finally voting at 1 a.m.
The judge ruled Tuesday that state election officials have taken sufficient steps to address the lack of sufficient poll workers, technicians, backup paper pollbooks, and emergency paper ballots at polling sites that plagued prior elections.
But Brown, a Donald Trump appointee, also noted that the June 2020 primary was “unique in ways that make it an unreliable guide to future elections” thanks to the introduction of a new $107 million voting system and complications arising from the Covid-19 pandemic.
“This time Defendants have had months to prepare for it based on the experience and lessons of a prior ‘pandemic election,’” the judge wrote.
According to the ruling, some registered voters in Fulton County, for example, have been removed from high-traffic polling locations to reduce wait times at the polls and the county has increased its voting locations from 164 in June 2020 to 255 in November 2020.
A September ruling in another Georgia voting rights case requires every polling location in the state to have at least one backup paper pollbook in case electronic pollbooks malfunction.
“It is possible, of course, these measures will ultimately prove insufficient and long lines will still arise. But that is not the point; no one, including this Court, can guarantee short lines,” Brown wrote.


courthousenews--2020-10-14--Tour de Florida, Stage 2: Palm Beach to Orlando

Florida ’ s courts were once committed to First Amendment access .
With the advent of electronic filing , court clerks organized themselves and took control of e-filing and public access through a for-profit company .
Based on an ongoing lawsuit , the company generates millions of dollars in excess “ convenience fees , ” while locking up public documents .
Touring Florida ’ s courts , Courthouse News bureau chief Ryan Abbott found a smoking hulk of what used to be .
At the counter in the clerk ’ s office in Palm Beach County Circuit Court , Abbott @ @ @ @ @ @ @ on docket information from public terminals at the courthouse .
He was told by a counter clerk that images of new records were “ locked ” until they are reviewed by a court employee .
The counter clerk said the whole process takes “ up to three days , ” an estimate confirmed through observation .
The docket is generally posted one day after the filing and the clerk review of the filing takes one to two days more .
From Palm Beach , Abbott drove west toward the inland sea that is @ @ @ @ @ @ @ , he entered the clerk ’ s office on the first floor and asked to review recent civil complaints .
He was directed to a nearby room with public terminals and found that the most recent docketed complaint was three days old .
The bureau chief asked if there was any way to see more recent complaints , through an intake log , for example .
The counter clerk told him that a new court filing must first be “ reviewed ” and “ accepted , ” or docketed , before it can @ @ @ @ @ @ @ we do not know a file exists , ” said the clerk .
From the giant lake , Abbott drove north along two-lane highways and country roads through the heart of Florida ’ s agriculture heartland .
“ I went due north to Osceola , just agriculture , wide open , flat fields , little redneck towns and truck stops .
Really cool drive .
It was a hot , sunny afternoon , early October , radio cranking , fields and tractors and not a whole lot of anybody else .
“ I @ @ @ @ @ @ @ .
It ’ s the kind of road where every 10 miles , there ’ s a truck stop , a gas station and diner .
I had boiled peanuts for lunch at a truck stop , had a beer in a trailer park bar , you know one of those bars where you walk in , the record scratches , everybody looks around — ‘ Who ’ s this guy.
’ ” “ Until Osceola , which is getting close to Disney World .
It ’ s more commercial , a lot @ @ @ @ @ @ @ , sunny day , he entered Osceola Circuit Court and found a chillier environment .
On the third floor , he was met outside the elevator door by a desk clerk handing out number tickets .
The clerk sent him to a windowless room with a TV monitor displaying ticket numbers .
His number came up and he went to the designated window to meet a combative clerk .
When Abbott asked how he could inspect new complaints , she answered , “ You can ’ t do that.
” He said he @ @ @ @ @ @ @ he was asking for public records .
The clerk told him to go online where , she said , access was “ instantaneous.
” In fact , online access to the complaints themselves was running between three and four court days behind the day of filing .
Abbott asked if there were public terminals in the courthouse , and she sent him to the “ information room.
” He found docket information for a case filed that morning , without an image attached but locked .
He proceeded to the reception desk in @ @ @ @ @ @ @ could see the document .
The desk clerk said it would need to be “ unlocked.
” Because the end of the work day approached , he didn ’ t have the time .
The clerk suggested that Abbott register online for access , but then added that registrants needed to be attorneys .
Online , a would-be registrant must include a Florida bar number .
Abbott left Osceola without seeing any records .
In order to report on a court in the middle swath of Florida , Abbott asked reporter Marilyn Alvarez @ @ @ @ @ @ @ attempt to see any recent civil actions .
In the clerk ’ s office on the third floor , a counter clerk told the reporter that the court must “ accept and approve ” a new civil filing before the docket can be seen both at the courthouse and online .
The related documents must then go through a redaction program , the clerk explained .
The goal is to redact new filings within 24 to 48 hours , she said , conceding that the office has fallen behind .
On the public @ @ @ @ @ @ @ for the most recent civil case available for inspection showed that the office was in fact withholding cases for six court days after the day of filing .
Noted the counter clerk , “ Lots of documents , not enough hands.
” Behind it all was the money talking .
In many of the courts , the clerks would provide access right away if Abbott paid a dollar a page for a printout .
Through their association and the convenience fees charged by their for-profit company , the clerks had attached themselves to @ @ @ @ @ @ @ through the Florida courts .
First Amendment access was left as an empty hulk along the edge of that river .

On stage 2 of the tour, a bureau chief found the smoking hulk of what used to be one of the premier public access systems in the nation.
Palm Beach
At the counter in the clerk’s office in Palm Beach County Circuit Court, Courthouse News Bureau Chief Ryan Abbott asked to look at recent cases based on docket information from public terminals at the courthouse. He was told by a counter clerk that images of new records were “locked” until they are reviewed by a court employee.
The counter clerk said the whole process takes “up to three days,” an estimate confirmed through observation. The docket is generally posted one day after the filing and the clerk review of the filing takes one to two days more.
Okeechobee
From Palm Beach, Abbott drove west toward the inland sea that is Lake Okeechobee. At Okeechobee Circuit Court, he entered the clerk’s office on the first floor and asked to review recent civil complaints. He was directed to a nearby room with public terminals and found that the most recent docketed complaint was three days old.
The bureau chief asked if there was any way to see more recent complaints, through an intake log, for example. The counter clerk told him that a new court filing must first be “reviewed” and “accepted,” or docketed, before it can be seen, “Before acceptance, we do not know a file exists,” said the clerk.
From the giant lake, Abbott drove north along two-lane highways and country roads through Florida’s agricultural heartland. “I went due north to Osceola, just agriculture, wide open, flat fields, little redneck towns and truck stops. Really cool drive. It was a hot, sunny afternoon, early October, radio cranking, fields and tractors and not a whole lot of anybody else.
“I loved it. It was really peaceful. It’s the kind of road where every 10 miles, there’s a truck stop, a gas station and diner. I had boiled peanuts for lunch at a truck stop, had a beer in a trailer park bar, you know one of those bars where you walk in, the record scratches, everybody looks around — ‘Who’s this guy.’”
Osceola
“Until Osceola, which is getting close to Disney World. It’s more commercial, a lot of strip malls.”
On that warm, sunny day, he entered Osceola Circuit Court and found a chillier environment. On the third floor, he was met outside the elevator door by a desk clerk handing out number tickets. The clerk sent him to a windowless room with a TV monitor displaying ticket numbers.
His number came up and he went to the designated window to meet a combative clerk. When Abbott asked how he could inspect new complaints, she answered, “You can’t do that.”
He said he was a reporter and was confident that he was asking for public records. The clerk told him to go online where, she said, access was “instantaneous.” In fact, online access to the complaints themselves was running between three and four court days behind the day of filing. Abbott asked if there were public terminals in the courthouse, and she sent him to the “information room.”
He found docket information for a case filed that morning, without an image attached but locked. He proceeded to the reception desk in the information room and asked if he could see the document. The desk clerk said it would need to be “unlocked.” Because the end of the work day approached, he didn’t have the time.
The clerk suggested that Abbott register online for access, but then added that registrants needed to be attorneys. Online, a would-be registrant must include a Florida bar number. Abbott left Osceola without seeing any records.
Orlando
In order to report on a court in the middle swath of Florida, Abbott asked reporter Marilyn Aciego to visit Orange County Circuit Court and attempt to see any recent civil actions. In the clerk’s office on the third floor, a counter clerk told the reporter that the court must “accept and approve” a new civil filing before the docket can be seen both at the courthouse and online.
The related documents must then go through a redaction program, the clerk explained. The goal is to redact new filings within 24 to 48 hours, she said, conceding that the office has fallen behind. On the public terminal at the courthouse, a search for the most recent civil case available for inspection showed that the office was in fact withholding cases for six court days after the day of filing. Noted the counter clerk, “Lots of documents, not enough hands.”
Behind it all was the money talking. In many of the courts, the clerks would provide access right away if Abbott paid a dollar a page for a printout. Through their association and the convenience fees charged by their for-profit company, the clerks had attached themselves to the great river of money that flows through the Florida courts. First Amendment access was left as an empty hulk along the edge of that river.
________
Read Tour de Florida, Stage 1: Key West to Fort Lauderdale


courthousenews--2020-10-14--Second Jet Pack Sighted Buzzing Over LAX

LOS ANGELES ( CN ) — A month after a commercial airline pilot reported a person buzzing around in a jet pack , another pilot has their own incredible story to tell — a possible new jet pack sighting was reported Wednesday .
About seven miles northwest of Los Angeles International Airport , a China Airlines crew reported “ what appeared to be someone in a jet pack ” about 6,000 feet above the ground Wednesday , according to a Federal Aviation Administration spokesperson .
The crew reported the sighting at 1:45 p.m. No other information was made available .
@ @ @ @ @ @ @ ’ s LA office said the agency is aware of the report and working with the FAA .
The China Airlines crew will be able to swap their story with an American Airlines pilot who was landing at LAX last month and reported to air traffic control , “ We just passed a guy in a jet pack.
” That jet pack incident — during which the jet pack pilot buzzed right by the airliner — was reported at roughly 3,000 feet .
A Southwest Airlines pilot also reported passing the same jet @ @ @ @ @ @ @ the runway .

A month after a commercial airline pilot reported a person buzzing around in a jet pack, another pilot has their own incredible story to tell — a possible new jet pack sighting was reported Wednesday.
LOS ANGELES (CN) — A month after a commercial airline pilot reported a person buzzing around in a jet pack, another pilot has their own incredible story to tell — a possible new jet pack sighting was reported Wednesday.
About seven miles northwest of Los Angeles International Airport, a China Airlines crew reported "what appeared to be someone in a jet pack" about 6,000 feet above the ground Wednesday, according to a Federal Aviation Administration spokesperson.
The crew reported the sighting at 1:45 p.m. No other information was made available.
FBI spokesperson Laura Eimiller with the bureau's LA office said the agency is aware of the report and working with the FAA.
The China Airlines crew will be able to swap their story with an American Airlines pilot who was landing at LAX last month and reported to air traffic control, "We just passed a guy in a jet pack.”
That jet pack incident — during which the jet pack pilot buzzed right by the airliner — was reported at roughly 3,000 feet.
A Southwest Airlines pilot also reported passing the same jet pack rider around the same time near the runway.


courthousenews--2020-10-14--LA County May See More Infections as Businesses Reopen, Officials Say

LOS ANGELES ( CN ) — As cases of Covid-19 in Los Angeles County ticked up in the first weeks of October due to workplace outbreaks , public health officials said infections will continue to go up in the coming weeks as more businesses reopen .
With more people venturing back to work outside of their homes , there are now increased opportunities for outbreaks at warehouses , manufacturing factories , office and retail jobs , according to Los Angeles County Public Health Director Barbara Ferrer .
“ As more businesses are re-opening , we may see more outbreaks , @ @ @ @ @ @ @ .
“ This in part reflects the fact there ’ s more reporting done at the worksites , but it also reflects the fact that there may be more transmission as there ’ s more interaction among different people.
” Health officials investigated 23 workplace outbreaks in early to mid-September , but later that month and into October that figure jumped to 39 outbreaks , Ferrer said .
She added that most businesses visited by inspectors followed the infection control guidelines established by the county .
In the last few months , gyms @ @ @ @ @ @ @ biggest violators of the public health order and racked up the most citations from county health officials .
Health officials began fining businesses out of compliance with the health order in August .
In total , 131 businesses have been fined so far , including 51 gyms and fitness centers and 36 places of worship .
Last month , a local church was ordered by an LA Superior Court judge to stop holding indoor Sunday services .
There are more than 800 schools open for high-need students with limited class sizes , which @ @ @ @ @ @ @ staff .
There are no reported cases of Covid-19 among students and only a “ handful ” of cases among staff workers , Ferrer said .
Progress is being made compared to earlier this summer when back in July there were over 2,000 people admitted to the hospital for complications from Covid-19 , compared to 700 as of Wednesday .
Across California , the state is seeing hospitalizations at a 6-month low , but they ’ re rising again and are projected to continue ticking up .
The model for projected transmission in @ @ @ @ @ @ @ that the number of new cases will likely go up .
“ It is more likely that the number of cases will go up than they will go down , ” said LA County Department of Health Services Director Dr. Christina Ghaly .
“ Unfortunately , with this slight increase in transmission conveys what I know is a difficult but still very true message : the Covid-19 pandemic is certainly not over .
It is still alive ; the virus is still out there within our communities.
” County health officials will also @ @ @ @ @ @ @ , outdoor social gatherings with people from up to three households .
“ I think the issue for us is to try to do some activities that it ’ s very hard for everyone to not do for months and months , ” Ferrer said .
“ We are threading the needle here .
But I think it is appropriate to do some of the activities that people are so desperate to be able to do with absolute adherence to the guidance.
” On Wednesday , health officials reported 22 new deaths and @ @ @ @ @ @ @ 24 hours .

As cases of Covid-19 in Los Angeles County ticked up in the first weeks of October due to workplace outbreaks, public health officials said infections will continue to go up in the coming weeks as more businesses reopen.
LOS ANGELES (CN) — As cases of Covid-19 in Los Angeles County ticked up in the first weeks of October due to workplace outbreaks, public health officials said infections will continue to go up in the coming weeks as more businesses reopen.
With more people venturing back to work outside of their homes, there are now increased opportunities for outbreaks at warehouses, manufacturing factories, office and retail jobs, according to Los Angeles County Public Health Director Barbara Ferrer.
“As more businesses are re-opening, we may see more outbreaks,” Ferrer said during a Wednesday briefing. “This in part reflects the fact there’s more reporting done at the worksites, but it also reflects the fact that there may be more transmission as there’s more interaction among different people.”
Health officials investigated 23 workplace outbreaks in early to mid-September, but later that month and into October that figure jumped to 39 outbreaks, Ferrer said.
She added that most businesses visited by inspectors followed the infection control guidelines established by the county.
In the last few months, gyms and places of worship have been the biggest violators of the public health order and racked up the most citations from county health officials.
Health officials began fining businesses out of compliance with the health order in August. In total, 131 businesses have been fined so far, including 51 gyms and fitness centers and 36 places of worship.
Last month, a local church was ordered by an LA Superior Court judge to stop holding indoor Sunday services.
There are more than 800 schools open for high-need students with limited class sizes, which equals over 17,000 students and almost 11,000 staff. There are no reported cases of Covid-19 among students and only a “handful” of cases among staff workers, Ferrer said.
Progress is being made compared to earlier this summer when back in July there were over 2,000 people admitted to the hospital for complications from Covid-19, compared to 700 as of Wednesday. Across California, the state is seeing hospitalizations at a 6-month low, but they’re rising again and are projected to continue ticking up.
The model for projected transmission in LA County rose to 1.05, meaning that the number of new cases will likely go up.
“It is more likely that the number of cases will go up than they will go down,” said LA County Department of Health Services Director Dr. Christina Ghaly. “Unfortunately, with this slight increase in transmission conveys what I know is a difficult but still very true message: the Covid-19 pandemic is certainly not over. It is still alive; the virus is still out there within our communities.”
County health officials will also modify its health order to allow modest, outdoor social gatherings with people from up to three households.
“I think the issue for us is to try to do some activities that it’s very hard for everyone to not do for months and months,” Ferrer said. “We are threading the needle here. But I think it is appropriate to do some of the activities that people are so desperate to be able to do with absolute adherence to the guidance.”
Los Angeles Mayor Eric Garcetti echoed concerns from health officials, saying in a virtual press conference Wednesday the projected uptick in cases is a bad sign.
"It means in plain terms that we're headed in the wrong direction for the first time in over two weeks," Garcetti said of the county's transmission rate. "We're living in a reduced case environment but it's still a high risk environment."
The mayor urged residents to abide by public health guidelines in order to "press down" any bump in Covid-19 cases in the coming weeks.
Garcetti said of the county health order allowing for small gatherings that residents should be mindful that hotels, nursing homes and college dorms and sororities are not considered "households" under the order.
"Use your head. Make smart decisions," he said. "These new allowances should not result in new cases if we adhere to them correctly."
On Wednesday, health officials reported 22 new deaths and 1,349 new confirmed cases in the last 24 hours.


Diluting the Vote

SAN DIEGO — A voting rights group has sued a Southern California school district claiming its at-large school board elections @ @ @ @ @ — who make up over 20 % of the population — and violate the California @ @ @ @ @ .


courthousenews--2020-10-14--Trump Voters Less Confident Than Biden’s That Election Will Produce Clear Winner

Only 36 % of Trump supporters said they were confident absentee or mail-in ballots would be counted accurately .
( CN ) — President Donald Trump ’ s repeated attempts to sow doubt about the integrity of the November election and mail-in voting appear to be working among his supporters , a new survey from the Pew Research Center suggests , though a majority still say they trust the election will produce a clear winner .
In the survey released Wednesday , 55 % of Trump supporters said they were confident that the outcome of the election would be clear @ @ @ @ @ @ @ Still , a much larger portion of Democratic challenger Joe Biden ’ s supporters – 76 % – said they would be confident in the ultimate outcome .
“ We always see some divides like this in elections , but the process is so important this year because so much is up in the air with the pandemic and everything that it ’ s heightened , ” said Brad Jones , a Pew researcher who worked on the survey .
The party-line split over whether voters think a clear picture of the winner @ @ @ @ @ @ @ delays in vote counting is just one of many “ wide differences ” the Pew survey found among Trump and Biden supporters over multiple aspects of voting and the overall election process .
The confidence gap between the two camps on the likelihood of a clear outcome was echoed in voters ’ thoughts about mail-in voting , a process the president has repeatedly – and often falsely – slammed as susceptible to fraud .
Seventy-seven percent of Biden supporters told the Pew researchers they were “ very or somewhat confident ” that absentee @ @ @ @ @ @ @ .
Meanwhile , just 36 % of Trump supporters expressed the same confidence .
Still , Jones cautioned that while Trump supporters overall are indeed more skeptical of mail-in voting than Biden ’ s camp , the picture becomes more nuanced depending on where voters live .
“ Many of the states that are conducting their election primarily by mail are places where more Democrats tend to live , so it ’ s places like California , Oregon , Washington , ” he said .
“ Trump supporters who live in those places @ @ @ @ @ @ @ balloting , they ’ re more supportive of the idea of absentee balloting than other Trump supporters living in other places.
” Conversely , he said , voters who live in more Republican-dominated areas of the South where mail-in voting is not as widespread tend to have lower confidence in the method .
“ Some of that does seem to be just because people have less familiarity with it , ” Jones said .
They survey also found signs of Americans bracing for what elections experts have cautioned could become less of an @ @ @ @ @ @ @ week or even month .
While the vast majority of voters surveyed – 80 % – said they believe it ’ s important for Americans to know the outcome of the election “ within a day or two , ” only half said they were confident that would actually happen .
More broadly , the survey results suggested an overall weakening of Americans ’ faith in elections systems at the national level , though faith in local elections remains strong .
Ninety percent of those surveyed said they felt confident elections would run @ @ @ @ @ @ @ only 62 % said they had the same faith in elections nationwide .
“ The new survey finds that while large majorities of voters think that the elections in their community will be run and administered very or somewhat well , they are less confident in the administration of elections throughout the country , ” Pew Research Center said in its report on the survey results .
“ And voters ’ confidence in elections in the United States has declined since 2018 – with most of the change coming among voters who supported @ @ @ @ @ @ @ ”

President Donald Trump’s repeated attempts to sow doubt about the integrity of the November election and mail-in voting appear to be working among his supporters, a new survey from the Pew Research Center suggests, though amajority still say they trust the election will produce a clear winner.
(CN) — President Donald Trump’s repeated attempts to sow doubt about the integrity of the November election and mail-in voting appear to be working among his supporters, a new survey from the Pew Research Center suggests, though a majority still say they trust the election will produce a clear winner.
In the survey released Wednesday, 55% of Trump supporters said they were confident that the outcome of the election would be clear after all the votes are counted. Still, a much larger portion of Democratic challenger Joe Biden’s supporters – 76% – said they would be confident in the ultimate outcome.
“We always see some divides like this in elections, but the process is so important this year because so much is up in the air with the pandemic and everything that it’s heightened,” said Brad Jones, a Pew researcher who worked on the survey.
The party-line split over whether voters think a clear picture of the winner will emerge despite the prospect for lengthy delays in vote counting is just one of many “wide differences” the Pew survey found among Trump and Biden supporters over multiple aspects of voting and the overall election process.
The confidence gap between the two camps on the likelihood of a clear outcome was echoed in voters’ thoughts about mail-in voting, a process the president has repeatedly – and often falsely – slammed as susceptible to fraud.
Seventy-seven percent of Biden supporters told the Pew researchers they were “very or somewhat confident” that absentee or mail-in ballots would be counted accurately. Meanwhile, just 36% of Trump supporters expressed the same confidence.
Still, Jones cautioned that while Trump supporters overall are indeed more skeptical of mail-in voting than Biden’s camp, the picture becomes more nuanced depending on where voters live.
“Many of the states that are conducting their election primarily by mail are places where more Democrats tend to live, so it’s places like California, Oregon, Washington,” he said. “Trump supporters who live in those places that are doing a lot of absentee balloting, they’re more supportive of the idea of absentee balloting than other Trump supporters living in other places.”
Conversely, he said, voters who live in more Republican-dominated areas of the South where mail-in voting is not as widespread tend to have lower confidence in the method.
“Some of that does seem to be just because people have less familiarity with it,” Jones said.
They survey also found signs of Americans bracing for what elections experts have cautioned could become less of an Election Day and more of an election week or even month.
While the vast majority of voters surveyed – 80% – said they believe it’s important for Americans to know the outcome of the election “within a day or two,” only half said they were confident that would actually happen.
More broadly, the survey results suggested an overall weakening of Americans’ faith in elections systems at the national level, though faith in local elections remains strong.
Ninety percent of those surveyed said they felt confident elections would run smoothly in their local communities, but only 62% said they had the same faith in elections nationwide.
“The new survey finds that while large majorities of voters think that the elections in their community will be run and administered very or somewhat well, they are less confident in the administration of elections throughout the country,” Pew Research Center said in its report on the survey results. “And voters’ confidence in elections in the United States has declined since 2018 – with most of the change coming among voters who supported Republican candidates then and Trump today.”


courthousenews--2020-10-14--California Courts Covid Update

California Courts Covid Update

Oct. 14 , 2020 : Electronic filing not available Oct. 14 from 6:30 to 7:30 due to maintenance Oct. 13 @ @ @ @ @ relief for extension of time to conduct criminal trials Oct. 13 , 2020 : Revised @ @ @ @ @ valves are prohibited in all LA courthouses


courthousenews--2020-10-14--Two-Day Waiting Period for Abortion Struck Down in Tennessee

NASHVILLE , Tenn. ( CN ) — Calling it “ gratuitously demeaning , ” a federal judge ruled Wednesday a Tennessee law that required women to wait 48 hours before obtaining an abortion is unconstitutional and enjoined the state from enforcing it .
Senior U.S. District Judge Bernard Friedman – a Reagan appointee whose previous rulings include striking down the federal government ’ s ban on female genital mutilation and nixing a Michigan ban on same-sex marriage in 2014 – said in his 136-page ruling the state failed to prove that the law furthered its interests in protecting fetal life @ @ @ @ @ @ @ to go through with the procedure .
“ Defendants ’ suggestion that women are overly emotional and must be required to cool off or calm down before having a medical procedure they have decided they want to have , and that they are constitutionally entitled to have , is highly insulting and paternalistic – and all the more so given that no such waiting periods apply to men , ” wrote Friedman , a visiting judge from the Eastern District of Michigan sitting in the Middle District of Tennessee .
About half of @ @ @ @ @ @ @ undergo a wait time before the procedure , according to the Guttmacher Institute , a nonpartisan organization that researches reproductive health policy and was once affiliated with Planned Parenthood .
Tennessee argued that because the U.S. Supreme Court upheld Pennsylvania ’ s 24-hour waiting period in the 1992 case Planned Parenthood of Southeastern Pennsylvania v. Casey , the state law passed in 2015 should stand .
It is in the Casey decision where the high court said abortion restrictions should not place an undue burden on the procedure .
“ The present case @ @ @ @ @ @ @ a fully developed record that clearly shows the extent to which the mandatory waiting period places a substantial obstacle in the way of women who seek an abortion , ” Friedman wrote .
“ Plaintiffs in the present case have proven with overwhelming evidence that the 48-hour waiting period ( in addition to serving no legitimate purpose ) severely burdens the majority of women seeking an abortion.
” ( Parentheses in original . )
Abortion providers in Tennessee had challenged the law , and attorneys representing the group included those from the Center @ @ @ @ @ @ @ trial held September 2019 , the Tennessee abortion providers opened their records and shared data about abortions performed in the state .
For instance , Planned Parenthood Greater Memphis Region performed 729 abortion-related ultrasounds between July 1 , 2015 and Jan. 31 , 2018 , where the woman did not return to the clinic for an abortion .
Friedman said the reason for the missed second appointments were less likely that the women had changed their minds but rather low-income women were more likely to be unable to pay to travel twice to @ @ @ @ @ @ @ and manage other logistics to have the time-sensitive procedure done .
Rebecca Terrell , executive director for CHOICES Memphis Center for Reproductive Health , said in a statement , “ We are so glad that we can now schedule our patients for care in a manner that centers their needs , not the political vagaries of our state government.
” Tennessee Attorney General spokesperson Samantha Fisher said the office was disappointed in the decision and it is evaluating what it will do next , including an appeal .
Meanwhile , Will Brewer , @ @ @ @ @ @ @ said in a statement the Tennessee law was written to align with similar waiting-period laws in the nation .
“ We have no doubt that the Sixth Circuit will swiftly overturn Judge Friedman ’ s ruling , ” Brewer said .

Calling it “gratuitously demeaning,” a federal judge ruled Wednesday a Tennessee law that required women to wait 48 hours before obtaining an abortion is unconstitutional and enjoined the state from enforcing it.
NASHVILLE, Tenn. (CN) — Calling it “gratuitously demeaning,” a federal judge ruled Wednesday a Tennessee law that required women to wait 48 hours before obtaining an abortion is unconstitutional and enjoined the state from enforcing it.
Senior U.S. District Judge Bernard Friedman – a Reagan appointee whose previous rulings include striking down the federal government’s ban on female genital mutilation and nixing a Michigan ban on same-sex marriage in 2014 – said in his 136-page ruling the state failed to prove that the law furthered its interests in protecting fetal life and helping women be sure they wanted to go through with the procedure.
“Defendants’ suggestion that women are overly emotional and must be required to cool off or calm down before having a medical procedure they have decided they want to have, and that they are constitutionally entitled to have, is highly insulting and paternalistic – and all the more so given that no such waiting periods apply to men,” wrote Friedman, a visiting judge from the Eastern District of Michigan sitting in the Middle District of Tennessee.
About half of U.S. states require women seeking abortions to undergo a wait time before the procedure, according to the Guttmacher Institute, a nonpartisan organization that researches reproductive health policy and was once affiliated with Planned Parenthood.
Tennessee argued that because the U.S. Supreme Court upheld Pennsylvania’s 24-hour waiting period in the 1992 case Planned Parenthood of Southeastern Pennsylvania v. Casey, the state law passed in 2015 should stand. It is in the Casey decision where the high court said abortion restrictions should not place an undue burden on the procedure.
“The present case has what was lacking in Casey: a fully developed record that clearly shows the extent to which the mandatory waiting period places a substantial obstacle in the way of women who seek an abortion,” Friedman wrote. “Plaintiffs in the present case have proven with overwhelming evidence that the 48-hour waiting period (in addition to serving no legitimate purpose) severely burdens the majority of women seeking an abortion.” (Parentheses in original.)
Abortion providers in Tennessee had challenged the law, and attorneys representing the group included those from the Center for Reproductive Rights.
During the bench trial held September 2019, the Tennessee abortion providers opened their records and shared data about abortions performed in the state. For instance, Planned Parenthood Greater Memphis Region performed 729 abortion-related ultrasounds between July 1, 2015 and Jan. 31, 2018, where the woman did not return to the clinic for an abortion.
Friedman said the reason for the missed second appointments were less likely that the women had changed their minds but rather low-income women were more likely to be unable to pay to travel twice to an abortion provider, arrange child care and manage other logistics to have the time-sensitive procedure done.
Rebecca Terrell, executive director for CHOICES Memphis Center for Reproductive Health, said in a statement, “We are so glad that we can now schedule our patients for care in a manner that centers their needs, not the political vagaries of our state government.”
Tennessee Attorney General spokesperson Samantha Fisher said the office was disappointed in the decision and it is evaluating what it will do next, including an appeal.
Meanwhile, Will Brewer, Tennessee Right to Life legal counsel, said in a statement the Tennessee law was written to align with similar waiting-period laws in the nation.
“We have no doubt that the Sixth Circuit will swiftly overturn Judge Friedman’s ruling,” Brewer said.