courthousenews--2020-10-03--Tightening Race in Montana Could Flip Control of the Senate

( CN ) — The days when incumbent U.S. senators enjoy easy reelection may have ended in Montana , where a high-stakes battle is being waged between Senator Steve Daines and his challenger , current Governor Steve Bullock .
Incumbent senators in Montana have enjoyed high reelection rates in the last 50 years , but Daines , a Republican , is throwing everything he has at his race against Bullock , a popular two-term governor — and a Democrat .
As the only election in America with a sitting governor seeking national office , the Montana Senate race could affect @ @ @ @ @ @ @ , where Republicans hold a slim four-vote majority .
The coronavirus pandemic has likely affected Daines ’ campaign , as he ’ s a freshman senator with few major accomplishments , while Bullock is a sitting governor filling out his second term .
And Bullock has high approval ratings for his handling of the pandemic .
“ This is certainly the toughest electoral fight Daines has faced , ” David Parker , chair of the political science department at Montana State University , said in an interview .
“ I ’ d say @ @ @ @ @ @ @ a clear idea about Daines before he started advertising in March .
In part because until this year , his legislative accomplishments have been thin , and he really hasn ’ t gone about the state doing town hall meetings.
” Parker said Daines ’ “ biggest challenge is the current political environment with an economic downturn , a pandemic and a president who is broadly unpopular .
In that situation , voters tend to take out their frustrations on the incumbent.
” One frustrated Montanan is former Governor Marc Racicot , a @ @ @ @ @ @ @ s not supporting President Donald Trump .
Racicot , a former chair of the Republican National Committee and George W. Bush ’ s campaign chief , said in an interview that he would vote for Joe Biden , the Democratic presidential nominee .
Polls in the Montana Senate race initially leaned toward Daines , but recent polls have consistently shown the race being a toss up or putting Daines at a slight advantage .
According to polls from fivethirtyeight , Daines has a one-point advantage , while Real Clear Politics has the race @ @ @ @ @ @ @ II , Montana ’ s incumbent senators have averaged about an 85 % reelection rate , but incumbents are most at risk with their first reelection , Parker said .
Daines faced little opposition in his election in 2014 when Senator John Walsh , who had been appointed to the Senate to replace retiring Senator Max Baucus resigned and did not seek reelection .
“ Daines has never really faced a tough election before , ” Parker said .
A win for Bullock would put Democrats one seat closer to control of the @ @ @ @ @ @ @ .
Montana has long been a pivotal player in the U.S. Senate .
Senator Mike Mansfield served as Senate majority leader from 1961 to 1977 , longer than any other majority leader to date .
Bullock ’ s strengths are his name recognition , broad popularity and ability to lead Montana even when he faced Republican majorities in the Legislature .
As governor , Bullock advocated for expansion of Medicaid in Montana , which has given health care coverage to some 80,000 Montanans .
A former state attorney general , Bullock also championed @ @ @ @ @ @ @ which requires groups to make public how they spend money to influence Montana ’ s elections .
Bullock also demonstrated his ability to win back the governor ’ s seat in 2016 , despite the state carrying Trump by 20 points over Hillary Clinton .
“ I ’ d say absent Bullock on the ballot , Daines would have won fairly easily , ” Parker said .
Bullock has also attracted a significant war chest in his campaign , which has made the race even more competitive .
Daines has amassed just over @ @ @ @ @ @ @ according to the Federal Elections Commission , while Bullock has brought in $ 11.1 million with just a month before the Nov. 3 election .
Bullock has been seen as a moderate governor although Republicans are painting him as left-wing liberal .
Daines , meanwhile , is riding the Trump train hard and fast , leaning ever more to the right .
Daines and Bullock have one debate remaining of their three televised debates , on Oct. 10 and hosted by the Montana Television Network .
In the last debate on Sept. 28 @ @ @ @ @ @ @ pandemic and focused on health care for Montanans .
While Montana had one of the lowest Covid-19 infection rates early in the pandemic , the state has seen rising rates of infection in the last six weeks .
Bullock said Republicans like Daines will try to end health care for Montanans by rolling back provisions of the Affordable Care Act , the landmark legislation commonly known as Obamacare .
“ I ’ ll protect your access to health care , even in the middle of the pandemic , ” Bullock said in the @ @ @ @ @ @ @ Judge Amy Coney Barrett ’ s nomination to the U.S. Supreme Court last week , Democrats are concerned the high court could tilt against Obamacare — although Daines said it was unlikely the court would overturn the law .
However , Daines said he wants to see the Supreme Court “ protect our way of life .
I ’ ll be standing behind the amazing nominee.
” Montana has two Senate seats and one at-large House seat .
The House seat is also up for grabs : Republican Representative Greg Gianforte is resigning @ @ @ @ @ @ @ governor .
As a freshman senator , Daines sits on four committees : finance , appropriations , energy and natural resources , and Indian affairs .
Daines , the third senator from Montana to serve on the Senate Finance Committee , is pushing a co-sponsored bill through Congress that could have a large impact on Montana — the Montana Water Rights Protection Act , which would clarify ownership of Montana water rights throughout about two-thirds of the state and resolve water rights claims by the Confederated Salish and Kootenai Tribes .
Under their @ @ @ @ @ @ @ ’ reservation in northwest Montana , the Confederated Salish and Kootenai tribes assert rights to most of Montana ’ s water dating back to “ time immemorial.
” The 2015 Montana Legislature passed the Montana water compact , which then headed to Congress , where Daines and Senator Jon Tester , D-Montana , have co-sponsored the legislation in its current form .
Introduced in the Senate in December 2019 , Daines and Tester ’ s bill has had only one hearing since .
And a loss by Daines could spell doom for the @ @ @ @ @ @ @ Grizzly Bear State Management Act , which would remove the grizzly bear from Endangered Species Act protection in the greater Yellowstone ecosystem , return management to the State of Montana and “ prevent further obstruction in the courts.
” “ Wildlife management should be determined by science , not a court order , ” Daines said .
“ The science has long proven that the grizzly bear population in the greater Yellowstone ecosystem has fully recovered.
” Of Montana ’ s 56 counties , 46 will do mail balloting due to the coronavirus @ @ @ @ @ @ @ the virus spiked nationwide , Bullock encouraged Montana counties to have in-person voting , but most local polling places went the way of the post office — a choice supported by a majority of Montanans , according to a Big Sky poll .
The poll found 57 % of respondents said they believe voting at a polling place was safe , however , 66 % said they preferred to cast their ballots by mail .
Montana voters will be mailed ballots on Oct. 9 , and results will begin being hand-tabulated the next @ @ @ @ @ @ @ the Montana Secretary of State ’ s office .
Montana will begin machine counting of absentee ballots on Nov. 2 .
Counties will count and post the election results to the Secretary of State ’ s Election Night Reporting System .
Results will start to display after 8 p.m. on Election Day , Ames said .
Montana election results are finalized once the post-election audit , county canvass , and the state canvass are complete , pending any potential recount activities within five days of the official canvass , Ames said .
The @ @ @ @ @ @ @ been a tumultuous ride .
The Montana Supreme Court recently affirmed a lower court ’ s block of Montana ’ s “ Ballot Interference Protection Act , ” a 2019 legislative attempt to restrict certain forms of mail voting .
Meanwhile , a federal judge also rejected an effort by the Trump campaign and state and national GOP to block Montana counties from holding a mostly mail election .
U.S. District Judge Dana Christensen issued an order Sept. 30 finding no evidence in Montana that the mail balloting would create widespread fraud , @ @ @ @ @ @ @ fiction.
” “ When pressed during the hearing in this matter , the plaintiffs were compelled to concede that they can not point to a single instance of voter fraud in Montana in any election during the last 20 years , ” Christensen wrote .
“ Montana ’ s use of mail ballots during the recent primary election did not give rise to a single report of voter fraud.
” Bullock had used his authority under an emergency declaration to suspend the state law that prevents general elections with all-mail balloting .
Montana @ @ @ @ @ @ @ June primary election .
Bullock said in a statement that “ there is nothing more sacred in our democracy than the right to vote , and no duty of government more important than to keep its citizens safe.
” Bullock said Judge Christensen ’ s order “ will enable thousands of Montanans to vote safely.
” However , the executive director of the Montana Republican Party said Christensen ’ s ruling was “ disappointing .
“ The U.S. and Montana constitutions are very clear : the Legislature has the sole authority to determine @ @ @ @ @ @ @ of elections .
Yet Governor Steve Bullock — the very person with the most to gain as a candidate on the ballot this November — unilaterally rewrote election laws in a broader effort to benefit his U.S. Senate campaign.
” Jessica Taylor , Senate and governors editor at the Cook Political Report , said , “ This is a race we see as very competitive , and the way it became competitive was not even on the map for Democrats until they convinced Governor Bullock to join at the last minute.
” Bullock @ @ @ @ @ @ @ nomination but dropped out in December .
While Montana has leaned Republican in presidential races , Democrats have had the governor ’ s seat for 16 years and Tester , a farmer — and Democrat — from small town Big Sandy , Montana , has been elected twice .
Taylor said Daines “ hasn ’ t really done anything in particular ” to make him especially vulnerable to Bullock .
But Bullock may have gotten himself into trouble by mounting a “ perhaps ill-advised ” presidential campaign during which he may have sounded @ @ @ @ @ @ @ His take on guns could hurt him there , ” Taylor said .
“ Daines is trying to tie Bullock to the national Democratic Party.
” So far about $ 124.4 million has been spent in television advertising on the U.S. Senate race in Montana , with that amount being fairly evenly split between Bullock and Daines .
Taylor said data from Advertising Analytics show Democrats have spent $ 71.4 million on ads , while Republicans have spent roughly $ 53 million through Election Day .
“ We ’ re clearly seeing a @ @ @ @ @ @ @ , ” Taylor said , “ and there could be more money coming in in the final weeks .
Polls remain incredibly close in the state.
” This race is still too close to call , according to Taylor .
“ These are two very strong politicians in the state that voters like , ” she said .

The days when incumbent U.S. senators enjoy easy reelection may have ended in Montana, where a high-stakes battle is being waged between Senator Steve Daines and his challenger, current Governor Steve Bullock.
(CN) — The days when incumbent U.S. senators enjoy easy reelection may have ended in Montana, where a high-stakes battle is being waged between Senator Steve Daines and his challenger, current Governor Steve Bullock.
Incumbent senators in Montana have enjoyed high reelection rates in the last 50 years, but Daines, a Republican, is throwing everything he has at his race against Bullock, a popular two-term governor — and a Democrat.
As the only election in America with a sitting governor seeking national office, the Montana Senate race could affect the tilt of power in the Senate, where Republicans hold a slim four-vote majority.
The coronavirus pandemic has likely affected Daines’ campaign, as he’s a freshman senator with few major accomplishments, while Bullock is a sitting governor filling out his second term. And Bullock has high approval ratings for his handling of the pandemic.
“This is certainly the toughest electoral fight Daines has faced,” David Parker, chair of the political science department at Montana State University, said in an interview. “I’d say that voters likely didn’t have a clear idea about Daines before he started advertising in March. In part because until this year, his legislative accomplishments have been thin, and he really hasn’t gone about the state doing town hall meetings.”
Parker said Daines’ “biggest challenge is the current political environment with an economic downturn, a pandemic and a president who is broadly unpopular. In that situation, voters tend to take out their frustrations on the incumbent.”
One frustrated Montanan is former Governor Marc Racicot, a Republican who said this week he’s not supporting President Donald Trump. Racicot, a former chair of the Republican National Committee and George W. Bush’s campaign chief, said in an interview that he would vote for Joe Biden, the Democratic presidential nominee.
Polls in the Montana Senate race initially leaned toward Daines, but recent polls have consistently shown the race being a toss up or putting Daines at a slight advantage. According to polls from fivethirtyeight, Daines has a one-point advantage, while Real Clear Politics has the race as a tossup.
Since World War II, Montana’s incumbent senators have averaged about an 85% reelection rate, but incumbents are most at risk with their first reelection, Parker said. Daines faced little opposition in his election in 2014 when Senator John Walsh, who had been appointed to the Senate to replace retiring Senator Max Baucus resigned and did not seek reelection. “Daines has never really faced a tough election before,” Parker said.
A win for Bullock would put Democrats one seat closer to control of the Senate, which they lost in 2014. Montana has long been a pivotal player in the U.S. Senate. Senator Mike Mansfield served as Senate majority leader from 1961 to 1977, longer than any other majority leader to date.
Bullock’s strengths are his name recognition, broad popularity and ability to lead Montana even when he faced Republican majorities in the Legislature. As governor, Bullock advocated for expansion of Medicaid in Montana, which has given health care coverage to some 80,000 Montanans. A former state attorney general, Bullock also championed the state’s Disclose Act, which requires groups to make public how they spend money to influence Montana's elections.
Bullock also demonstrated his ability to win back the governor’s seat in 2016, despite the state carrying Trump by 20 points over Hillary Clinton. “I’d say absent Bullock on the ballot, Daines would have won fairly easily,” Parker said.
Bullock has also attracted a significant war chest in his campaign, which has made the race even more competitive. Daines has amassed just over $13 million in the race, according to the Federal Elections Commission, while Bullock has brought in $11.1 million with just a month before the Nov. 3 election.


courthousenews--2020-10-03--Trump ‘Still Not on a Clear Path to a Full Recovery’

( CN ) — Contradicting a rosy report from President Donald Trump ’ s doctor on Saturday , White House Chief of Staff Mark Meadows said the president ’ s health the past 24 hours was “ concerning ” and the next 48 hours “ will be critical in terms of his care.
” “ We ’ re still not on a clear path to a full recovery , ” Meadows told reporters on Saturday .
Earlier in the day , Trump ’ s doctors held a press conference at Walter Reed National Military Medical Center .
Trump had reportedly @ @ @ @ @ @ @ before he was transported to the hospital Friday , according to media reports .
Dr. Sean Conley said the president had been without a fever for 24 hours , but refused to answer whether Trump had been placed on oxygen Friday .
Trump , 74 and clinically obese , is at a higher risk based on guidance from the Centers for Disease Control and Prevention .
“ Thursday no oxygen .
None at this moment .
And yesterday with the team , while we were all here , he was not on oxygen @ @ @ @ @ @ @ other doctors failed to go into greater detail other than to say the president ’ s coughing and nasal congestion had improved .
The press conference also raised questions as to when Trump was first diagnosed and treated .
Conley initially said the president was 72 hours into diagnosis , meaning he would have been confirmed to have Covid-19 on Wednesday .
Conley later released a statement saying he had misspoke .
On Saturday afternoon , Trump took to Twitter to praise the hospital staff and said he was feeling well .
“ @ @ @ @ @ @ @ GREAT Walter Reed Medical Center , and others from likewise incredible institutions who have joined them , are AMAZING !
!
!
Tremendous progress has been made over the last 6 months in fighting this PLAGUE .
With their help , I am feeling well !
” he wrote .
Later in the evening , Trump posted a video on his Twitter account saying that he was “ starting to feel good.
” “ You don ’ t know , over the next period of a few days , I guess that ’ @ @ @ @ @ @ @ ’ ll be seeing what happens over those next couple of days , ” the president said .
The news comes as more people close to the president confirmed over the weekend that they tested positive for Covid-19 .
Former New Jersey Governor Chris Christie announced Saturday that he tested positive for the coronavirus .
Christie helped Trump prepare for last Tuesday ’ s debate .
“ I want to thank all of my friends and colleagues who have reached out to ask how I was feeling in the last day or two @ @ @ @ @ @ @ one of several attendees at a White House event last week announcing Trump ’ s nomination of Judge Amy Coney Barrett to the Supreme Court .
Christie joins the ever growing list of infected from the president ’ s inner circle , including aide Hope Hicks , former aide Kellyanne Conway and Trump campaign manager Bill Stepien .

Contradicting a rosy report from President Donald Trump's doctor on Saturday, White House Chief of Staff Mark Meadows said the president's health the past 24 hours was "concerning" and the next 48 hours "will be critical in terms of his care."
(CN) — Contradicting a rosy report from President Donald Trump's doctor on Saturday, White House Chief of Staff Mark Meadows said the president's health the past 24 hours was "concerning" and the next 48 hours "will be critical in terms of his care."
"We're still not on a clear path to a full recovery," Meadows told reporters on Saturday.
Earlier in the day, Trump's doctors held a press conference at Walter Reed National Military Medical Center. Trump had reportedly been given oxygen at the White House before he was transported to the hospital Friday, according to media reports.
Dr. Sean Conley said the president had been without a fever for 24 hours, but refused to answer whether Trump had been placed on oxygen Friday. Trump, 74 and clinically obese, is at a higher risk based on guidance from the Centers for Disease Control and Prevention.
“Thursday no oxygen. None at this moment. And yesterday with the team, while we were all here, he was not on oxygen,” Conley said.
Conley and other doctors failed to go into greater detail other than to say the president's coughing and nasal congestion had improved. The press conference also raised questions as to when Trump was first diagnosed and treated.
Conley initially said the president was 72 hours into diagnosis, meaning he would have been confirmed to have Covid-19 on Wednesday. Conley later released a statement saying he had misspoke.
On Saturday afternoon, Trump took to Twitter to praise the hospital staff and said he was feeling well.
"Doctors, Nurses and ALL at the GREAT Walter Reed Medical Center, and others from likewise incredible institutions who have joined them, are AMAZING!!!Tremendous progress has been made over the last 6 months in fighting this PLAGUE. With their help, I am feeling well!" he wrote.
Later in the evening, Trump posted a video on his Twitter account saying that he was "starting to feel good."
“You don’t know, over the next period of a few days, I guess that’s the real test. So we’ll be seeing what happens over those next couple of days,” the president said.
The news comes as more people close to the president confirmed over the weekend that they tested positive for Covid-19.
Former New Jersey Governor Chris Christie announced Saturday that he tested positive for the coronavirus. Christie helped Trump prepare for last Tuesday's debate.
“I want to thank all of my friends and colleagues who have reached out to ask how I was feeling in the last day or two,” Christie tweeted.
Christie was one of several attendees at a White House event last week announcing Trump's nomination of Judge Amy Coney Barrett to the Supreme Court.
Christie joins the ever growing list of infected from the president's inner circle, including aide Hope Hicks, former aide Kellyanne Conway and Trump campaign manager Bill Stepien.


courthousenews--2020-10-03--Election Disputes: Testing the Guardrails of the Constitution

WASHINGTON ( CN ) — A test of a democracy is its ability to transition power peacefully and in one month , the United States will , as it has done for more than two centuries , test the mettle of its Constitutional traditions .
But where distrust is regularly broadcast by the president over that very process , a key question emerges : what happens when the rules are flouted ?
President Donald Trump has made flouting norms a cornerstone of his tenure and it has been a factor that has both drawn voters in and pushed them away @ @ @ @ @ @ @ are those he has made on the prospect of refusing election results this November if they aren ’ t in his favor .
Since 2016 during his final debate with opponent Hillary Clinton , he quipped if he were to lose that year , it was merely proof the election was “ rigged.
” He has since doubled , tripled and quadrupled down over the years with a seemingly endless stream of comments or tweets entertaining the idea of extending his constitutional stay .
Although Trump has dismissed his commentary as jocular , @ @ @ @ @ @ @ memory .
But laws and conventional social mores are not the same .
No matter how inflammatory or unsettling to some Trump ’ s remarks might be , election and constitutional law experts rely on the devil in the details .
While the Constitution leaves some matters murky and to be sure , there are legal conundrums America has yet to unravel that may very well come up in the months ahead , in terms of what the Constitution purports to preserve of democracy , lawmakers and election experts alike agree : The @ @ @ @ @ @ @ withstand a challenge from any comer with autocratic aspirations .
“ It ’ s important to take stock of the moment we find ourselves in .
There ’ s been a necessity to dig into these questions and understand how things could work after Nov. 3 and in a moment that feels like it is fairly unprecedented in this country , ” Vanita Gupta , president of the Leadership Conference on Civil and Human Rights said during a teleconference hosted by the National Task Force on Election Crises this week .
The task @ @ @ @ @ @ @ law and civil rights experts whose sole mission is to help elucidate understanding of what the Constitution deigns for a peaceful transition of power and how disputes this year can be handled in a way that is legal and solidifies , not undermines , public confidence .
Since Covid-19 gripped the U.S. and catapulted mail-in ballots as the preferred and recommended way to vote amid the pandemic , Trump portends daily a looming and inevitable fraud , but without evidence for his claims .
Mail-in voting is a cornerstone of America ’ s @ @ @ @ @ @ @ as well as the U.S. intelligence community have confirmed claims of widespread fraud are unfounded .
During a September congressional hearing , FBI director Christopher Wray was unequivocal that the mail-in method was secure .
What is dangerous , he said , is the “ steady drumbeat of misinformation ” that creates widespread cynicism .
It is those reverberations and yet foretold critiques from the White House to the legitimacy of this year ’ s election that are expected to grow louder during a crucial window ahead .
That time period is the @ @ @ @ @ @ @ president ’ s inauguration , whomever that may be .
Litigation has been mounted to curb or restrict altogether mail-in-voting access by Republican state legislatures in dozens of states including battlegrounds like Wisconsin and Pennsylvania .
“ Here ’ s what we know will happen : Trump will say a lot of nonsense , ” Joshua Geltzer , executive director and visiting professor at Georgetown Law ’ s Institute for Constitutional Advocacy and Protection said recently of potential delays ahead .
“ The urgency of now is helping Americans to understand there is @ @ @ @ @ @ @ .
There is nothing , no reason to doubt election results if we don ’ t find out on election night itself .
And if not , the courts can handle it.
” The Trump administration has been on a litigation losing streak when it comes to restricting ballots even when arguing before Trump-appointed judges , Geltzer noted .
“ It ’ s important to remember Trump doesn ’ t get unilateral delay powers here .
Courts will sometimes move slower than we would like and we know campaign related litigation needs to @ @ @ @ @ @ @ t get to unilaterally slow things down , ” he said .
“ He doesn ’ t get to slow down a calendar set by federal law under the shadow of the Constitution.
” Even with delays in play , asking whether Trump will accept the results in November is a question arising from faulty framework to start , Gupta added .
“ What is important about the way federal law is in place and the way it is shored up to prevent interference is really important .
What is important to say @ @ @ @ @ @ @ candidates themselves have almost no role in this part of the process , ” Gupta said .
“ While people may make claims to powers or threats for what they may or may not do , the reality is , the candidates don ’ t have power to determine the outcome of this election .
Neither the president nor Biden can decide this.
” This part will be left instead to voters , the local boards of election that count the ballots and state authorities who verify and certify the final tallies .
@ @ @ @ @ @ @ rabbit hole of possibilities and even worst-case scenarios that can really cause great alarm , but there are rules and procedures that govern what happens .
While a lot about our system is complicated , this isn ’ t a free-for-all and the rules don ’ t change cycle to cycle .
They ’ re not idiosyncratic from candidate to candidate , ” he said .
But what happens if Trump declares victory while mail-in ballots are still being counted and or if the president refuses to accept the results of the popular @ @ @ @ @ @ @ a constitutional crisis inescapable this November ?
“ In a sense , the Constitution is not in crisis .
The country is in crisis , ” Representative Jamie Raskin , a Maryland Democrat said in a phone interview this week .
“ The Constitution is just there for us to get through it.
” Raskin is a constitutional scholar who has taught for over two decades at American University ’ s Washington College of Law .
He chairs the House Subcommittee on Expedited Procedures , a body created in 2019 to evaluate legislation @ @ @ @ @ @ @ .
He also serves as chairman to the House Subcommittee on Civil Rights and Civil Liberties .
“ Essentially , the president ’ s determination is to relocate the election from the field of popular votes to electoral college votes to friendly institutions .
In this context specifically , Republican state legislatures and then the Supreme Court and then the House of Representatives meeting in the context of a 12th Amendment contingent election , ” he said .
The Electoral Count Act of 1887 sets a 35-day deadline to tally votes before a @ @ @ @ @ @ @ and the process of appointing presidential electors must begin .
This year that date is Dec. 8 .
Then six days later on Dec. 14 , once electors are verified by state officials , it goes to Congress to approve .
If there is controversy surrounding an appointed elector ’ s credibility then its Congress that decides , who , if anyone , will be permitted to enter their state ’ s choice .
If Trump is “ hellbent ” on refusing a Biden victory in the popular vote and the electoral college @ @ @ @ @ @ @ the administration will likely “ forget about blue states or red states.
” “ They will just go to the swing states where Biden wins the popular majority but Republicans control the legislature , ” Raskin said .
“ The real electoral college prank here would be to get a state legislature to nullify a popular vote by repealing the existing state law and punitively replacing that law with a new one simply appointing elector for Trump or , alternatively , just withholding any electors at all.
” Whether they can do that @ @ @ @ @ @ @ said .
“ We don ’ t have any kind of decisive legal authority .
The Supreme Court has never upheld a state legislature nullifying a popular result under existing law and simply replacing it with the appointment of particular electors , ” Raskin said .
“ There was some intimation in Bush v. Gore .
The state legislature had plenary power , meaning absolute , but this maneuver raises profound legal questions that were never debated in Bush v. Gore.
” Those questions may involve equal protection rights under the 14TH Amendment @ @ @ @ @ @ @ legislatures like in Pennsylvania , Raskin said , are presently operating on the assumption they can do “ whatever they want ” with the presidential election and electoral college without regard for their own state ’ s constitutional framework .
“ There are a number of possible legal problems but if they were somehow able to get away with that , you would undoubtedly have rival electoral college slates being sent in to Congress , ” he said .
From there , the Constitution dictates the vice president reads the names of the @ @ @ @ @ @ @ as the example here , it would be votes from the Republican Legislature and the Democratic governor .
The vice president , in this case , Pence , would have to choose who to side with .
“ True to form , he would probably choose the GOP slate and at that point , Democrats could challenge and the House and Senate would have to resolve to both chambers to consider the challenge , ” Raskin said .
Even if there is a conflict or objection over the reading or counting of votes @ @ @ @ @ @ @ to negotiate , he added : If no electoral college votes are cast by Jan. 20 , 2021 and the presidency is vacant , then under Constitutional succession , Speaker of the House Nancy Pelosi would become president .
“ There would obviously be a lot of pressure to come to terms with an honest reading of the electoral college votes , ” Raskin said .
Yet another possibility is if Republican state legislatures withhold votes altogether , invoking claims of chaos or fraud surrounding the count .
That strategy could deny Biden @ @ @ @ @ @ @ refusal to turn over a pro-Biden slate .
It might be contested or even resolved beforehand but if not , then the House of Representatives enters into a contingent election as dictated by the 12th Amendment .
In that instance , one vote per state is cast .
“ Republicans have 26 state legislatures and Democrats have 22 and two are tied but you need 26 to win , ” Raskin reflected Friday .
If only one party manages to control both the Senate and House , then the outcome is clear : @ @ @ @ @ @ @ ’ s nominee .
But if the House is still majority-Democrat and the Senate is majority-Republican and no candidate has a clear majority of electoral votes , the 12th Amendment says Congress decides .
According to the National Taskforce on Election Crises : The House of Representatives chooses the president from among those who received the most electoral votes .
The Senate then chooses the vice president from among the two candidates who received the most electoral votes for that position .
“ Importantly , although each Senator has one vote in the @ @ @ @ @ @ @ votes shall be taken by states , the representation from each state having one vote .
An absolute majority of House congressional delegations from each state — 26 — is needed to elect a president .
Likewise , an absolute majority of Senators — 51 — is needed to elect a vice president , ” guidance from the taskforce states .
To avoid a convoluted scenario like this , it would help if more Americans cast their ballots in person though it is a challenge and for some , an impossibility , during @ @ @ @ @ @ @ ways you can disrupt , sabotage or thwart an election .
I ’ m worried about all of them , ” Raskin said .
“ To me , democracy is the most precious thing that we have as a society .
It ’ s extremely rare in the history of the world to have democracy .
“ It ’ s much more common to have authoritarians , dictatorships and royalty .
We ’ ve got a precious thing that is being endangered by progressive efforts to discredit the election and denigrate democracy itself @ @ @ @ @ @ @ it against everything — whether it is violent attacks at the polls or efforts to close down ballot drop off boxes like the order handed by [ Republican Governor ] Greg Abbot in Texas or if it is sabotage by Donald Trump ’ s autocratic admirers around the world .
”

A test of a democracy is its ability to transition power peacefully and in one month, the United States will, as it has done for more than two centuries, test the mettle of its Constitutional traditions. But where distrust is regularly broadcast by the president over that very process, a key question emerges: what happens when the rules are flouted?
WASHINGTON (CN) — A test of a democracy is its ability to transition power peacefully and in one month, the United States will, as it has done for more than two centuries, test the mettle of its Constitutional traditions. But where distrust is regularly broadcast by the president over that very process, a key question emerges: what happens when the rules are flouted?
President Donald Trump has made flouting norms a cornerstone of his tenure and it has been a factor that has both drawn voters in and pushed them away. And among his most divisive statements are those he has made on the prospect of refusing election results this November if they aren’t in his favor.
Since 2016 during his final debate with opponent Hillary Clinton, he quipped if he were to lose that year, it was merely proof the election was “rigged.”
He has since doubled, tripled and quadrupled down over the years with a seemingly endless stream of comments or tweets entertaining the idea of extending his constitutional stay. Although Trump has dismissed his commentary as jocular, this particular norm-busting is unprecedented in modern memory.
But laws and conventional social mores are not the same.
No matter how inflammatory or unsettling to some Trump’s remarks might be, election and constitutional law experts rely on the devil in the details.
While the Constitution leaves some matters murky and to be sure, there are legal conundrums America has yet to unravel that may very well come up in the months ahead, in terms of what the Constitution purports to preserve of democracy, lawmakers and election experts alike agree: The guardrails created centuries ago remain ready to withstand a challenge from any comer with autocratic aspirations.
“It’s important to take stock of the moment we find ourselves in. There’s been a necessity to dig into these questions and understand how things could work after Nov. 3 and in a moment that feels like it is fairly unprecedented in this country,” Vanita Gupta, president of the Leadership Conference on Civil and Human Rights said during a teleconference hosted by the National Task Force on Election Crises this week.
The task force is comprised of over 50 election law and civil rights experts whose sole mission is to help elucidate understanding of what the Constitution deigns for a peaceful transition of power and how disputes this year can be handled in a way that is legal and solidifies, not undermines, public confidence.
Since Covid-19 gripped the U.S. and catapulted mail-in ballots as the preferred and recommended way to vote amid the pandemic, Trump portends daily a looming and inevitable fraud, but without evidence for his claims.
Mail-in voting is a cornerstone of America’s democracy and assessments conducted by election commissions as well as the U.S. intelligence community have confirmed claims of widespread fraud are unfounded.
During a September congressional hearing, FBI director Christopher Wray was unequivocal that the mail-in method was secure. What is dangerous, he said, is the “steady drumbeat of misinformation” that creates widespread cynicism.
It is those reverberations and yet foretold critiques from the White House to the legitimacy of this year’s election that are expected to grow louder during a crucial window ahead. That time period is the space between Election Day and the next president’s inauguration, whomever that may be.
Litigation has been mounted to curb or restrict altogether mail-in-voting access by Republican state legislatures in dozens of states including battlegrounds like Wisconsin and Pennsylvania.
“Here’s what we know will happen: Trump will say a lot of nonsense,” Joshua Geltzer, executive director and visiting professor at Georgetown Law’s Institute for Constitutional Advocacy and Protection said recently of potential delays ahead. “The urgency of now is helping Americans to understand there is nothing to worry about with mail-in ballots. There is nothing, no reason to doubt election results if we don’t find out on election night itself. And if not, the courts can handle it.”


courthousenews--2020-10-04--Anglo-Saxon Warlord Burial Site Uncovered by Amateur Metal Detector Club

( CN ) — Amateur metal detectorists in Great Britain have uncovered the burial site of an Anglo-Saxon warlord which may alter the map of post-Roman Britain as we know it .
The discovery took place in southern Britain , in the mid-Thames region of Berkshire .
Perched on a hilltop overlooking the gorgeous Thames valley , archeologists believe the remains must belong to someone important — because apparently hilltop property was reserved for the rich and powerful even 1,400 years ago .
A team of Archaeologists from the University of Reading along with local volunteers spent two weeks excavating @ @ @ @ @ @ @ a geophysical survey , test excavations and a full gravesite excavation in the hopes of turning up other valuable artifacts which may remain buried .
Dubbed the “ Marlow Warlord ” and standing six feet tall , quite large for his day , this individual was given the royal burial treatment .
His entourage ensured that he was laid to rest with an assortment of fineries such as decorated swords , spears and scabbards , glass containers and other luxuries of the time .
His sword ranks among the best-preserved sheathed swords from @ @ @ @ @ @ @ made of fine wood and leather , complete with intricately detailed bronze fittings .
“ This guy would have been tall and robust compared to other men at the time , and would have been an imposing figure even today , ” said Gabor Thomas , a specialist in early medieval archaeology at the University of Reading .
“ The nature of his burial and the site with views overlooking the Thames suggest he was a respected leader of a local tribe and had probably been a formidable warrior in his own right.
@ @ @ @ @ @ @ of Reading plans to conduct a complete analysis on the Marlow Warlord ’ s remains to determine his age , health , diet and geographical origins .
The other objects are at the moment being conserved by Pieta Greaves of Drakon Heritage and Conservation .
“ This is a great example of archaeologists and metal-detectorists working together , ” said Michael Lewis , Head of the British Museum ’ s Portable Antiquities Scheme .
“ Especially important is the fact that the finders stopped when they realised they had discovered something significant and @ @ @ @ @ @ @ so they ensure much more could be learnt about this interesting burial.
” Originally found by Sue and Mick Washington , a pair of British metal detector enthusiasts with the Maidenhead Search Society , the pagan burial site lay undisturbed for nearly a millennium and a half .
Sue and Mick previously located the site on two separate occasions , finding a pair of bronze bowls which they donated to the Buckinghamshire Museum in Aylesbury .
“ On two earlier visits I had received a large signal from this area which appeared to @ @ @ @ @ @ @ to be of interest , ” Sue Washington said .
“ However , the uncertainty preyed on my mind and on my next trip I just had to investigate , and this proved to be third time lucky !
” The pair alerted the Portable Antiquities Scheme , a British group dedicated to recording the increasing number of small finds by amateur archeologists , to the burial site ’ s presence on the hunch that more artifacts may yet remain hidden .
The PAS excavated the site and unearthed the bronze bowls , @ @ @ @ @ @ @ of iron spearheads which led them to conclude that more treasures awaited them just under the surface .
“ This the first burial of its kind found in the mid-Thames basin , which is often overlooked in favour of the Upper Thames and London , ” said Thomas .
“ It suggests that the people living in this region may have been more important than historians previously suspected .
The early Anglo-Saxon period was a transformative time in Britain following the collapse of Roman administration around 400 AD , leaving a power vacuum @ @ @ @ @ @ @ period saw extensive immigration from continental Europe which dramatically changed and shaped the island ’ s makeup going forward .
A century later , in the time of the Marlow Warlord , tribal groups occupying England began vying for control in the Anglo-Saxon kingdoms of Wessex , Mercia and Kent .
The University of Reading is currently crowdfunding efforts for further conservation work and hopes to put some of the finds on display at the Buckinghamshire Museum in 2021 .

Amateur metal detectorists in Great Britain have uncovered the burial site of an Anglo-Saxon warlord which may alter the map of post-Roman Britain as we know it.
(CN) — Amateur metal detectorists in Great Britain have uncovered the burial site of an Anglo-Saxon warlord which may alter the map of post-Roman Britain as we know it.
The discovery took place in southern Britain, in the mid-Thames region of Berkshire. Perched on a hilltop overlooking the gorgeous Thames valley, archeologists believe the remains must belong to someone important — because apparently hilltop property was reserved for the rich and powerful even 1,400 years ago.
A team of Archaeologists from the University of Reading along with local volunteers spent two weeks excavating the site in August. They completed a geophysical survey, test excavations and a full gravesite excavation in the hopes of turning up other valuable artifacts which may remain buried.
Dubbed the “Marlow Warlord” and standing six feet tall, quite large for his day, this individual was given the royal burial treatment. His entourage ensured that he was laid to rest with an assortment of fineries such as decorated swords, spears and scabbards, glass containers and other luxuries of the time.
His sword ranks among the best-preserved sheathed swords from the time period found thus far — made of fine wood and leather, complete with intricately detailed bronze fittings.
"This guy would have been tall and robust compared to other men at the time, and would have been an imposing figure even today,” said Gabor Thomas, a specialist in early medieval archaeology at the University of Reading. “The nature of his burial and the site with views overlooking the Thames suggest he was a respected leader of a local tribe and had probably been a formidable warrior in his own right."
The archaeology department at the University of Reading plans to conduct a complete analysis on the Marlow Warlord’s remains to determine his age, health, diet and geographical origins. The other objects are at the moment being conserved by Pieta Greaves of Drakon Heritage and Conservation.
"This is a great example of archaeologists and metal-detectorists working together,” said Michael Lewis, Head of the British Museum's Portable Antiquities Scheme. “Especially important is the fact that the finders stopped when they realised they had discovered something significant and called in archaeological assistance. By doing so they ensure much more could be learnt about this interesting burial."
Originally found by Sue and Mick Washington, a pair of British metal detector enthusiasts with the Maidenhead Search Society, the pagan burial site lay undisturbed for nearly a millennium and a half. Sue and Mick previously located the site on two separate occasions, finding a pair of bronze bowls which they donated to the Buckinghamshire Museum in Aylesbury.
"On two earlier visits I had received a large signal from this area which appeared to be deep iron and most likely not to be of interest,” Sue Washington said. “However, the uncertainty preyed on my mind and on my next trip I just had to investigate, and this proved to be third time lucky!"
The pair alerted the Portable Antiquities Scheme, a British group dedicated to recording the increasing number of small finds by amateur archeologists, to the burial site’s presence on the hunch that more artifacts may yet remain hidden. The PAS excavated the site and unearthed the bronze bowls, and in the process discovered a pair of iron spearheads which led them to conclude that more treasures awaited them just under the surface.
"This the first burial of its kind found in the mid-Thames basin, which is often overlooked in favour of the Upper Thames and London, '' said Thomas. “It suggests that the people living in this region may have been more important than historians previously suspected.
The early Anglo-Saxon period was a transformative time in Britain following the collapse of Roman administration around 400 AD, leaving a power vacuum just waiting to be filled.
The period saw extensive immigration from continental Europe which dramatically changed and shaped the island’s makeup going forward. A century later, in the time of the Marlow Warlord, tribal groups occupying England began vying for control in the Anglo-Saxon kingdoms of Wessex, Mercia and Kent.
The University of Reading is currently crowdfunding efforts for further conservation work and hopes to put some of the finds on display at the Buckinghamshire Museum in 2021.


courthousenews--2020-10-04--Medieval Latrines Hold Clues About Intestinal Health in Europe and Middle East

( CN ) — Researchers digging through the contents of two medieval latrines have turned up new information about the intestinal health of ancient communities in what is now Europe and the Middle East , according to a new study released Sunday .
The findings provide rare insight into the microbiomes of pre-industrial , agriculture-based communities and could help contemporary scientists better interpret the microbial diversity in nations around the world , researcher Piers Mitchell of Cambridge University said in a statement attached to the study .
“ These latrines gave us much more representative information about the wider pre-industrial @ @ @ @ @ @ @ faecal sample would have , ” Mitchell said .
“ Combining evidence from light microscopy and ancient DNA analysis allows us to identify the amazing variety of organisms present in the intestines of our ancestors who lived centuries ago.
” Prior research has established that microbiomes — the communities of bacteria , fungi and parasites in our bodies — of industrial societies differ greatly from those of hunter-gatherer communities .
Scientists have linked these differences to the rise of modern diseases such as obesity , various allergies and inflammatory bowel syndrome .
Ancient @ @ @ @ @ @ @ become bio-molecular goldmines for scientists seeking to learn about the intestinal parasites carried by our ancestors .
“ Microscopic analysis can show the eggs of parasitic worms that lived in the intestines , but many microbes in the gut are simply too small to see , ” Mitchell said .
“ If we are to determine what constitutes a healthy microbiome for modern people , we should start looking at the microbiomes of our ancestors who lived before antibiotic use , fast food , and the other trappings of industrialisation.
” Researchers combed @ @ @ @ @ @ @ Jerusalem and Latvia , according to the study published Sunday in the journal Philosophical Transactions of the Royal Society B .
The latrine in Jerusalem examined by researchers is located in the Christian Quarter of the Old City and dates back to the 15th century , according to the study .
“ The city had been continuously inhabited for several thousand years , ” the study said .
“ The cesspit was fed by two separate chutes from separate latrines , suggesting multiple different users from more than one household.
” A challenge @ @ @ @ @ @ @ the gut contents normally found in soil .
Study co-author Kirsten Bos of the Max Planck Institute for the Science of Human History said in the statement she was initially concerned the desiccated contents of ancient latrines would reveal too little information .
“ At the outset we weren ’ t sure if molecular signatures of gut contents would survive in the latrines over hundreds of years , ” she said .
“ Many of our successes in ancient bacterial retrieval thus far have come from calcified tissues like bones and dental calculus @ @ @ @ @ @ @ .
Nevertheless , I was really hoping the data here would change my perspective.
” An analysis of the gut content of a medieval latrine in Riga , Latvia revealed a host of bacteria including a microscopic fish tapeworm egg , according to the study .
Researchers also identified a range of fungi , parasitic worms , bacteria , archaea , protozoa and other organisms from the latrines , including some that are found in the intestines of contemporary humans .
“ It seems latrines are indeed valuable sources for both microscopic and @ @ @ @ @ @ @ Susanna Sabin of the Max Planck Institute , co-leader of the study , said in the statement researchers compared the DNA retrieved from latrines with microbiomes of industrial and hunter-gatherer communities .
“ We found that the microbiome at Jerusalem and Riga had some common characteristics — they did show similarity to modern hunter gatherer microbiomes and modern industrial microbiomes , but were different enough that they formed their own unique group , ” Sabin said .
“ We don ’ t know of a modern source that harbours the microbial content we @ @ @ @ @ @ @ statement researchers have remaining questions about the diverse spectrum of microbiomes .
“ We ’ ll need many more studies at other archaeological sites and time periods to fully understand how the microbiome changed in human groups over time , ” Bos said .
“ However , we have taken a key step in showing that DNA recovery of ancient intestinal contents from past latrines can work.
” Researchers did not immediately respond to a request for further comment on the study .

Researchers digging through the contents of two medieval latrines have turned up new information about the intestinal health of ancient communities in what is now Europe and the Middle East, according to a new study released Sunday.
(CN) — Researchers digging through the contents of two medieval latrines have turned up new information about the intestinal health of ancient communities in what is now Europe and the Middle East, according to a new study released Sunday.
The findings provide rare insight into the microbiomes of pre-industrial, agriculture-based communities and could help contemporary scientists better interpret the microbial diversity in nations around the world, researcher Piers Mitchell of Cambridge University said in a statement attached to the study.
"These latrines gave us much more representative information about the wider pre-industrial population of these regions than an individual faecal sample would have," Mitchell said. "Combining evidence from light microscopy and ancient DNA analysis allows us to identify the amazing variety of organisms present in the intestines of our ancestors who lived centuries ago."
Prior research has established that microbiomes — the communities of bacteria, fungi and parasites in our bodies — of industrial societies differ greatly from those of hunter-gatherer communities.
Scientists have linked these differences to the rise of modern diseases such as obesity, various allergies and inflammatory bowel syndrome.
Ancient latrines and their desiccated excrement contents have become bio-molecular goldmines for scientists seeking to learn about the intestinal parasites carried by our ancestors.
"Microscopic analysis can show the eggs of parasitic worms that lived in the intestines, but many microbes in the gut are simply too small to see," Mitchell said. "If we are to determine what constitutes a healthy microbiome for modern people, we should start looking at the microbiomes of our ancestors who lived before antibiotic use, fast food, and the other trappings of industrialisation."
Researchers combed through the contents of latrines in both Jerusalem and Latvia, according to the study published Sunday in the journal Philosophical Transactions of the Royal Society B.
The latrine in Jerusalem examined by researchers is located in the Christian Quarter of the Old City and dates back to the 15th century, according to the study.
“The city had been continuously inhabited for several thousand years,” the study said. “The cesspit was fed by two separate chutes from separate latrines, suggesting multiple different users from more than one household.”
A challenge for scientists was separating ancient feces from the gut contents normally found in soil.
Study co-author Kirsten Bos of the Max Planck Institute for the Science of Human History said in the statement she was initially concerned the desiccated contents of ancient latrines would reveal too little information.
"At the outset we weren't sure if molecular signatures of gut contents would survive in the latrines over hundreds of years,” she said. “Many of our successes in ancient bacterial retrieval thus far have come from calcified tissues like bones and dental calculus, which offer very different preservation conditions. Nevertheless, I was really hoping the data here would change my perspective."
An analysis of the gut content of a medieval latrine in Riga, Latvia revealed a host of bacteria including a microscopic fish tapeworm egg, according to the study.
Researchers also identified a range of fungi, parasitic worms, bacteria, archaea, protozoa and other organisms from the latrines, including some that are found in the intestines of contemporary humans.
"It seems latrines are indeed valuable sources for both microscopic and molecular information," Bos said.
Susanna Sabin of the Max Planck Institute, co-leader of the study, said in the statement researchers compared the DNA retrieved from latrines with microbiomes of industrial and hunter-gatherer communities.
"We found that the microbiome at Jerusalem and Riga had some common characteristics — they did show similarity to modern hunter gatherer microbiomes and modern industrial microbiomes, but were different enough that they formed their own unique group,” Sabin said. “We don't know of a modern source that harbours the microbial content we see here."
Bos said in the statement researchers have remaining questions about the diverse spectrum of microbiomes.
"We'll need many more studies at other archaeological sites and time periods to fully understand how the microbiome changed in human groups over time," Bos said. "However, we have taken a key step in showing that DNA recovery of ancient intestinal contents from past latrines can work."
Researchers did not immediately respond to a request for further comment on the study.


courthousenews--2020-10-04--Bellwether Ohio Could Flip to Biden in 2020

( CN ) — The state of Ohio has been carried by every winning presidential candidate since 1960 , including Donald Trump in 2016 , but it ’ s possible — and perhaps fitting — that the trend could be disrupted in 2020 .
It has been a tumultuous and historic year , and so perhaps it should come as no surprise that the presidential election might deviate from the expected course .
A poll of 907 registered Ohio voters conducted Sept. 20-23 by Fox News gives Joe Biden a five-point advantage over President Trump , and Larry Sabato ’ @ @ @ @ @ @ @ a toss-up .
Trump won Ohio by nearly eight points in 2016 , however , and a single round of polling does not signal a death knell to the incumbent ’ s chances in the Buckeye State .
Courthouse News spoke with Ryan Salzman , associate professor of political science at Northern Kentucky University , about the polling numbers and Ohio ’ s significance in the upcoming election .
“ I think that these numbers for Biden are surprisingly good , ” Salzman said , “ and I ’ ll be curious to @ @ @ @ @ @ @ was consistently polling up in 2016 and he ended up winning by a pretty significant margin.
” Salzman considers Ohio essential if Trump wants to win reelection , based on polling numbers and trends in other surrounding states .
“ If Biden wins Ohio , I don ’ t see a scenario where he doesn ’ t win the other ‘ blue wall ’ states , ” Salzman said .
The “ blue wall ” refers to 18 states across the northern portion of the U.S. viewed as critical to any Democratic presidential @ @ @ @ @ @ @ Wisconsin .
“ These states somewhat move in concert with another , ” Salzman said , adding that 2016 pro-Trump polling in Pennsylvania should have given analysts a clue regarding Ohio ’ s eventual victor .
Salzman was quick to point out , however , that even if Trump wins Ohio , it will not guarantee him a victory in 2020 .
“ I can definitely see a scenario in this election , ” he said , “ where we finally defy that run that Ohio has had in terms of being the @ @ @ @ @ @ @ of the Political Science Department at Miami University in Ohio , had similar thoughts about Biden ’ s routes to victory in 2020 during an interview with Courthouse News .
“ I think there are a lot more paths open to Biden to win , ” Marshall said .
“ If Trump wins Ohio , I don ’ t think that necessarily means it ’ s going to follow that sixty-year barometer.
” “ There are so many other states that are on the board that could change the path for Biden , @ @ @ @ @ @ @ , Wisconsin and Michigan , as well as Arizona .
Ohio ’ s no excuse absentee voting meant no legislative changes were necessary to allow citizens to vote by mail during the Covid-19 pandemic , but Secretary of State Frank LaRose has nevertheless been diligent in encouraging those voting absentee to do so early .
According to LaRose ’ s office , as of Sept. 22 , over 1.7 million absentee ballot applications have been received statewide , which is more than double the amount requested at the same time during the 2016 @ @ @ @ @ @ @ send in their absentee ballots early because of structural changes to the U.S. Post Office and the large numbers of ballots submitted across the state , but remains confident Ohio can process the votes without a hitch .
“ One of the big reasons why Ohio is considered the national leader in absentee voting , ” LaRose said in a statement , “ is because we ’ ve been doing it this way for nearly two decades .
You get good at something when you practice , and Ohio has proven to be @ @ @ @ @ @ @ requests has not come without difficulty , however , as the availability of ballot drop boxes and signature requirements have engendered partisan squabbling and spawned both federal and state litigation .
LaRose , a Republican , ordered each county to make a single drop box available for the 2020 election at its respective board of elections .
The Ohio Democratic Party sued LaRose in Franklin County Common Pleas Court and argued Ohio law does not limit the number or location of drop boxes .
Judge Richard Frye agreed with the Democrats and called @ @ @ @ @ @ @ “ arbitrary and unreasonable , ” especially considering the circumstances created by the pandemic .
Frye did not issue an injunction , and LaRose ’ s appeal to the state ’ s Tenth District Court of Appeals is currently pending .
LaRose was also sued in federal court by several voters ’ rights groups who claim the state ’ s signature verification requirements for absentee ballots are unconstitutional .
U.S. District Court Judge Michael Watson , a George W. Bush appointee , issued an opinion on Sept. 27 , and while he agreed @ @ @ @ @ @ @ uniform signature matching processes across the state created a burden on individuals who vote via absentee ballot , he declined to issue an injunction so close to the election .
Watson said any change at this stage of the election process — when ballots have already been mailed and “ pre-election activities are ramping up ” — could be “ particularly damaging , ” and also alluded to President Donald Trump ’ s repeated attacks on the credibility of mail-in voting .
“ Some public officials , ” Watson said , “ have @ @ @ @ @ @ @ and legitimacy of voting by mail .
A federal court enjoining part of the State ’ s procedure for maintaining the security of mail-in voting in the weeks leading up to the election could further undermine public confidence in elections.
” Marshall , however , believes an increase in voter turnout in 2020 will calm any fears about voting irregularities .
“ In 2018 , ” Marshall told Courthouse News , “ turnout during that midterm election was almost as high as it was in the 2016 election .
So if we ’ @ @ @ @ @ @ @ in 2020 , I think that … might take some of the fuel away from people that want to challenge the outcome one way or the other.
” Concerns over mail-in ballots were put on the backburner earlier this week , however , when the New York Times released the results of its investigation into President Trump ’ s tax returns .
The story is sure to grab voters ’ attention as Election Day nears , according to Salzman .
“ We like to talk about ‘ October surprises , ’ ” he @ @ @ @ @ @ @ dominate the news cycle … because one of Biden ’ s major issues is increasing taxes on high earners.
” “ [ Americans ] tend to be averse politically to tax increases , ” Salzman continued , “ however , President Trump paying so little in taxes is like jet fuel for this policy position that Vice President Biden is advancing right now of paying your fair share.
” The first of several presidential debates took place on Tuesday , and while it garnered its fair share of attention on social media and @ @ @ @ @ @ @ to give the event too much weight .
“ I think you have fewer undecideds in 2020 than you did in 2016 , ” Marshall told Courthouse News .
“ I think you have a stable race .
It ’ s been close , it ’ s been tightening a little bit .
“ I don ’ t see this last debate as having a really big impact on undecideds… and I don ’ t think it ’ s something that ’ s necessarily going to change people ’ s minds .
Historically @ @ @ @ @ @ @ , I think you have to go back a long , long time to see a debate that really changed the potential outcome of a race , even going back to Kennedy.
” Ohio ’ s status as a bellwether state in presidential elections is unparalleled since 1960 — when the state chose Richard Nixon over John F. Kennedy — and looking even further back , Thomas Dewey in 1944 is the only other losing candidate selected by Ohio voters since 1896 .
Demographic changes in the past decade , however , may @ @ @ @ @ @ @ reliability as a presidential predictor , according to Marshall .
“ Ohio always has been that bellwether state , ” he told Courthouse News , “ but I think for a number of reasons , especially over the last ten or fifteen years , I don ’ t think that Ohio is the same as it used to be .
“ I think it ’ s become more reliably Republican , especially in the last couple of election cycles , so we ’ ll just have to see if these more recent polls @ @ @ @ @ @ @ really has been enough of a shift to turn Ohio for Biden .
”

The state of Ohio has been carried by every winning presidential candidate since 1960, including Donald Trump in 2016, but it’s possible — and perhaps fitting — that the trend could be disrupted in 2020.
(CN) — The state of Ohio has been carried by every winning presidential candidate since 1960, including Donald Trump in 2016, but it’s possible — and perhaps fitting — that the trend could be disrupted in 2020.
It has been a tumultuous and historic year, and so perhaps it should come as no surprise that the presidential election might deviate from the expected course.
A poll of 907 registered Ohio voters conducted Sept. 20-23 by Fox News gives Joe Biden a five-point advantage over President Trump, and Larry Sabato’s Crystal Ball currently has Ohio as a toss-up.
Trump won Ohio by nearly eight points in 2016, however, and a single round of polling does not signal a death knell to the incumbent’s chances in the Buckeye State.
Courthouse News spoke with Ryan Salzman, associate professor of political science at Northern Kentucky University, about the polling numbers and Ohio’s significance in the upcoming election.
“I think that these numbers for Biden are surprisingly good,” Salzman said, “and I’ll be curious to see if they hold. Donald Trump was consistently polling up in 2016 and he ended up winning by a pretty significant margin.”
Salzman considers Ohio essential if Trump wants to win reelection, based on polling numbers and trends in other surrounding states.
“If Biden wins Ohio, I don’t see a scenario where he doesn’t win the other ‘blue wall’ states,” Salzman said.
The “blue wall” refers to 18 states across the northern portion of the U.S. viewed as critical to any Democratic presidential candidate, including Pennsylvania, Michigan and Wisconsin.
“These states somewhat move in concert with another,” Salzman said, adding that 2016 pro-Trump polling in Pennsylvania should have given analysts a clue regarding Ohio’s eventual victor.
Salzman was quick to point out, however, that even if Trump wins Ohio, it will not guarantee him a victory in 2020.
“I can definitely see a scenario in this election,” he said, “where we finally defy that run that Ohio has had in terms of being the great indicator.”
Bryan Marshall, chair of the Political Science Department at Miami University in Ohio, had similar thoughts about Biden’s routes to victory in 2020 during an interview with Courthouse News.
“I think there are a lot more paths open to Biden to win,” Marshall said. “If Trump wins Ohio, I don’t think that necessarily means it’s going to follow that sixty-year barometer.”
“There are so many other states that are on the board that could change the path for Biden,” he added, while mentioning Pennsylvania, Wisconsin and Michigan, as well as Arizona.
Ohio’s no excuse absentee voting meant no legislative changes were necessary to allow citizens to vote by mail during the Covid-19 pandemic, but Secretary of State Frank LaRose has nevertheless been diligent in encouraging those voting absentee to do so early.
According to LaRose’s office, as of Sept. 22, over 1.7 million absentee ballot applications have been received statewide, which is more than double the amount requested at the same time during the 2016 presidential election.
LaRose urged voters to send in their absentee ballots early because of structural changes to the U.S. Post Office and the large numbers of ballots submitted across the state, but remains confident Ohio can process the votes without a hitch.
“One of the big reasons why Ohio is considered the national leader in absentee voting,” LaRose said in a statement, “is because we’ve been doing it this way for nearly two decades. You get good at something when you practice, and Ohio has proven to be game-ready.”
The surge in absentee ballot requests has not come without difficulty, however, as the availability of ballot drop boxes and signature requirements have engendered partisan squabbling and spawned both federal and state litigation.


courthousenews--2020-10-04--Texas Attorney General Accused of Bribery by Staff

AUSTIN , Texas ( CN ) — Seven of Republican Texas Attorney General Ken Paxton ’ s senior staff have asked federal officials to investigate possible bribery and abuse of office charges against him , dropping a bombshell on the vocal supporter of President Donald Trump who is already facing felony securities fraud charges from his time in the Texas Legislature .
First reported Saturday , the staffers wrote a letter to Paxton ’ s office disclosing they reported him to federal law enforcement on Sept. 30 regarding crimes he allegedly committed “ in his official capacity ” as attorney @ @ @ @ @ @ @ faith belief that the Attorney General is violating federal and/or state law , including prohibitions relating to improper influences , abuse of office , bribery , and other potential criminal offenses , ” the one-page letter dated Oct. 1 states .
“ Each signatory below has knowledge of facts relevant to these potential offenses and has provided statements concerning those facts to the appropriate law enforcement authority.
” The staffers informed Paxton , 57 , of McKinney , via text message on Oct. 1 of their reports to law enforcement , the letter @ @ @ @ @ @ @ Assistant Attorney General Jeff Mateer — who resigned several days ago — Deputy First Assistant Attorney General Ryan Bangert , Deputy Attorney General for Civil Litigation Darren McCarty , Deputy Attorney General for Legal Counsel Ryan Vassar and Deputy Attorney General for Administration Lacey Mase .
Paxton ’ s office quickly denied the allegations late Saturday evening , stating the staffers acted to “ impede an ongoing investigation into criminal wrongdoing by public officials , including employees of this office.
” “ Making false claims is a very serious matter and we plan @ @ @ @ @ @ @ of the law , ” Paxton ’ s office said in a statement .
Republican Governor Greg Abbott declined to comment on the allegations Sunday morning , stating the “ allegations raise serious concerns.
” “ I will withhold further comment until the results of any investigation are complete , ” Abbott said in a statement .
Lieutenant Governor Dan Patrick said Sunday he learned about the accusations from the media .
“ These issues are obviously concerning , ” he said .
“ I will wait until the investigation is complete before @ @ @ @ @ @ @ Bureau of Investigation did not immediately respond to a request for comment Sunday morning .
Doubts over Paxton ’ s ethics have followed him for over five years .
A Collin County grand jury charged Paxton in August 2015 with two first-degree felony counts of securities fraud and a third-degree felony count of failing to register with the Texas State Securities Board from his time in the Texas House .
Prosecutors claim Paxton urged investors to invest $ 600,000 in technology firm Servergy without disclosing he would earn a commission and misrepresented he @ @ @ @ @ @ @ Paxton faces up to 99 years in state prison if convicted .
The criminal case has been mired in pre-trial for over five years as the case has been moved to Harris County and back while Paxton has launched several attempts at having the judge removed .
In the meantime , the case did not prevent Paxton from serving his entire first term as attorney general .
He narrowly won reelection in 2018 with 50.6 % of the vote over Democrat Justin Nelson .
Paxton has repeatedly denied the criminal charges against him @ @ @ @ @ @ @ against him for opposing policies by then-President Barack Obama .
“ I ’ m here to tell you that I am not going anywhere , ” Paxton said in May 2016 .
“ And I want you to know that I will continue to do the job that I was elected to do .
I want to assure you and all Texans that I am standing up for liberty , defending the Constitution and fighting against the illegal actions of the Obama administration.
” The U.S. Securities and Exchange Commission filed a similar @ @ @ @ @ @ @ in federal court in Dallas over the Servergy matter .
U.S. District Judge Amos Mazzant dismissed that lawsuit six months later , finding Paxton “ did not have a legal obligation to disclose his financial arrangements ” to the firm ’ s investors .
One year later , a Dallas-area district attorney launched an ethics probe into Paxton accepting a $ 100,000 gift for his legal defense fund from James Webb , leader of a company that was being investigated for Medicaid fraud .
Webb ’ s company , Preferred Imaging LLC , @ @ @ @ @ @ @ 3.5 million to resolve a whistleblower ’ s False Claims Act and Texas Medicaid Fraud Prevention Act claims that it engaged in improper billing .
Webb ’ s company admitted no wrongdoing in the settlement .
The Texas Penal Code forbids public officials from accepting “ any benefit from a person the public servant knows to be subject to regulation , inspection or investigation by the public servant or his agency.
” Kaufman County District Attorney Erleigh Wiley — a fellow Republican — announced in October 2017 she would not charge Paxton in @ @ @ @ @ @ @ personal relationship with the donor , in addition to a prior attorney/client relationship ” which qualifies as an exception under the law .
Paxton denied any wrongdoing regarding Wiley ’ s investigation , stating his office did not investigate Webb ’ s firm because his office “ never received a referral ” and that federal prosecutors “ took the lead ” in the investigation and settlement .
Rep. Sarah Davis , R-Houston , was the first Republican member of the Texas House to comment on the latest accusations against Paxton , stating he @ @ @ @ @ @ @ but that he has been under indictment for five years .
“ With these new allegations of bribery and abuse of office , Paxton needs to quickly address these allegations or resign so he can devote his time to his own personal legal matters , ” Davis tweeted Sunday .

Seven of Republican Texas Attorney General Ken Paxton’s senior staff have asked federal officials to investigate possible bribery and abuse of office charges against him, dropping a bombshell on the vocal supporter of President Donald Trump who is already facing felony securities fraud charges from his time in the Texas Legislature.
AUSTIN, Texas (CN) — Seven of Republican Texas Attorney General Ken Paxton’s senior staff have asked federal officials to investigate possible bribery and abuse of office charges against him, dropping a bombshell on the vocal supporter of President Donald Trump who is already facing felony securities fraud charges from his time in the Texas Legislature.
First reported Saturday, the staffers wrote a letter to Paxton’s office disclosing they reported him to federal law enforcement on Sept. 30 regarding crimes he allegedly committed “in his official capacity” as attorney general.
“We have a good faith belief that the Attorney General is violating federal and/or state law, including prohibitions relating to improper influences, abuse of office, bribery, and other potential criminal offenses,” the one-page letter dated Oct. 1 states. “Each signatory below has knowledge of facts relevant to these potential offenses and has provided statements concerning those facts to the appropriate law enforcement authority.”
The staffers informed Paxton, 57, of McKinney, via text message on Oct. 1 of their reports to law enforcement, the letter states. The seven include former First Assistant Attorney General Jeff Mateer — who resigned several days ago — Deputy First Assistant Attorney General Ryan Bangert, Deputy Attorney General for Civil Litigation Darren McCarty, Deputy Attorney General for Legal Counsel Ryan Vassar and Deputy Attorney General for Administration Lacey Mase.
Paxton’s office quickly denied the allegations late Saturday evening, stating the staffers acted to “impede an ongoing investigation into criminal wrongdoing by public officials, including employees of this office.”
“Making false claims is a very serious matter and we plan to investigate this to the fullest extent of the law,” Paxton’s office said in a statement.
Republican Governor Greg Abbott declined to comment on the allegations Sunday morning, stating the “allegations raise serious concerns.”
“I will withhold further comment until the results of any investigation are complete,” Abbott said in a statement.
Lieutenant Governor Dan Patrick said Sunday he learned about the accusations from the media.
“These issues are obviously concerning,” he said. “I will wait until the investigation is complete before making any additional comments.”
The Federal Bureau of Investigation did not immediately respond to a request for comment Sunday morning.
Doubts over Paxton’s ethics have followed him for over five years. A Collin County grand jury charged Paxton in August 2015 with two first-degree felony counts of securities fraud and a third-degree felony count of failing to register with the Texas State Securities Board from his time in the Texas House.
Prosecutors claim Paxton urged investors to invest $600,000 in technology firm Servergy without disclosing he would earn a commission and misrepresented he was investing in the McKinney-based company.
Paxton faces up to 99 years in state prison if convicted. The criminal case has been mired in pre-trial for over five years as the case has been moved to Harris County and back while Paxton has launched several attempts at having the judge removed.
In the meantime, the case did not prevent Paxton from serving his entire first term as attorney general. He narrowly won reelection in 2018 with 50.6% of the vote over Democrat Justin Nelson.
Paxton has repeatedly denied the criminal charges against him, blaming his political opponents for retaliating against him for opposing policies by then-President Barack Obama.
“I’m here to tell you that I am not going anywhere,” Paxton said in May 2016. “And I want you to know that I will continue to do the job that I was elected to do. I want to assure you and all Texans that I am standing up for liberty, defending the Constitution and fighting against the illegal actions of the Obama administration.”
The U.S. Securities and Exchange Commission filed a similar civil lawsuit against Paxton in April 2016 in federal court in Dallas over the Servergy matter. U.S. District Judge Amos Mazzant dismissed that lawsuit six months later, finding Paxton “did not have a legal obligation to disclose his financial arrangements” to the firm’s investors.
One year later, a Dallas-area district attorney launched an ethics probe into Paxton accepting a $100,000 gift for his legal defense fund from James Webb, leader of a company that was being investigated for Medicaid fraud.
Webb’s company, Preferred Imaging LLC, agreed in July 2016 to pay $3.5 million to resolve a whistleblower’s False Claims Act and Texas Medicaid Fraud Prevention Act claims that it engaged in improper billing. Webb’s company admitted no wrongdoing in the settlement. The Texas Penal Code forbids public officials from accepting “any benefit from a person the public servant knows to be subject to regulation, inspection or investigation by the public servant or his agency.”
Kaufman County District Attorney Erleigh Wiley — a fellow Republican — announced in October 2017 she would not charge Paxton in the matter because “Paxton had a personal relationship with the donor, in addition to a prior attorney/client relationship” which qualifies as an exception under the law.
Paxton denied any wrongdoing regarding Wiley’s investigation, stating his office did not investigate Webb’s firm because his office “never received a referral” and that federal prosecutors “took the lead” in the investigation and settlement.
Rep. Sarah Davis, R-Houston, was the first Republican member of the Texas House to comment on the latest accusations against Paxton, stating he is “innocent until proven guilty” but that he has been under indictment for five years.
“With these new allegations of bribery and abuse of office, Paxton needs to quickly address these allegations or resign so he can devote his time to his own personal legal matters,” Davis tweeted Sunday.


courthousenews--2020-10-04--Police Reform Takes Center Stage at Los Angeles DA Debate

( CN ) — Candidates in the race for Los Angeles County District Attorney offered two different visions of the nation ’ s largest prosecutor ’ s office in a virtual debate on Saturday .
Focus on the race has increased in recent months amidst national calls for police reform during the recent Black Lives Matter protests .
Former San Francisco District Attorney George Gascón has offered his run for the office as an indictment of DA Jackie Lacey ’ s policies .
During Saturday ’ s virtual debate , Lacey called Gascón a “ political animal ” and not @ @ @ @ @ @ @ .
Gascon has never been to court .
He ’ s never been a prosecutor .
Never tried a case .
Never ever , ” said Lacey during the forum moderated by ABC 7 Eyewitness News anchor Marc Brown .
Lacey said during her time in office she helped create a mental health diversion division .
Gascón called the program ineffective , citing a RAND Corporation report published earlier this year that said out of the roughly 5,500 people in LA County Jail mental health population , 61 % overall were suitable for @ @ @ @ @ @ @ the jails .
Lacey asked , “ The issue is to divert to what ?
You can ’ t just release them back out onto the street like they do in San Francisco.
” Throughout the hour-long debate Lacey pointed to Gascón ’ s record as San Francisco ’ s top prosecutor .
She noted that her campaign has been endorsed by San Francisco Mayor London Breed and City Attorney Dennis Herrera .
Gascón has been endorsed by California Governor Gavin Newsom and U.S .
Senator Kamala Harris along with former LA Police @ @ @ @ @ @ @ Black Lives Matter protests in LA , the candidates were asked about restoring trust with police .
Video footage of police striking peaceful protesters earlier this year in Los Angeles County have yet to yield any charges filed by the DA ’ s office against any officers .
“ Yes , there were some laws broken , ” Lacey said .
“ If the laws were broken , we ’ re definitely going to file those cases .
I ’ m not going to shoot my mouth off , like my opponent.
” @ @ @ @ @ @ @ the peaceful activism to create a “ chaotic ” situation .
Gascón said any type of reform in the DA ’ s office will need to include input from law enforcement but also the communities police serve .
“ My god , I was a police officer for 30 years , ” said Gascon , who was an LAPD officer before he was San Francisco DA .
He called the violence against Black and Latino people a “ cancer ” in law enforcement .
“ That cure has to include active participation from @ @ @ @ @ @ @ .
On immigration , Lacey said her office does not cooperate with federal agents to arrest and deport people held in custody or when they appear at court .
Gascón said under Lacey ’ s leadership the DA ’ s office “ over and over again refuses to provide the avenue to give people the resolution to prevent them from being deported ” when they are held in custody .
Lacey has received overwhelming support from police unions who call Gascón a reformer only in name .
She said she grew up in @ @ @ @ @ @ @ bars on their windows ” so she understands what it means to be a victim of crime .
She said that Gascón wants to “ experiment ” with residents ’ safety .
“ Most of the victims of real crime look like me , ” she said .
“ Ms .
Lacey says she ’ s a reformer , look at the facts .
Don ’ t look at what the police unions are saying , or what my supporters are saying , look at our actions , ” Gascón said .
The @ @ @ @ @ @ @ News , California State University , LA ’ s Pat Brown Institute for Public Affairs and the LA County and City League of Women Voters .

Candidates in the race for Los Angeles County District Attorney offered two different visions of the nation’s largest prosecutor’s office in a virtual debate on Saturday.
(CN) — Candidates in the race for Los Angeles County District Attorney offered two different visions of the nation’s largest prosecutor’s office in a virtual debate on Saturday.
Focus on the race has increased in recent months amidst national calls for police reform during the recent Black Lives Matter protests.
Former San Francisco District Attorney George Gascón has offered his run for the office as an indictment of DA Jackie Lacey’s policies.
During Saturday’s virtual debate, Lacey called Gascón a “political animal” and not a “true prosecutor.”
“Mr. Gascon has never been to court. He’s never been a prosecutor. Never tried a case. Never ever,” said Lacey during the forum moderated by ABC 7 Eyewitness News anchor Marc Brown.
Lacey said during her time in office she helped create a mental health diversion division.
Gascón called the program ineffective, citing a RAND Corporation report published earlier this year that said out of the roughly 5,500 people in LA County Jail mental health population, 61% overall were suitable for diversion or to be transferred out of the jails.
Lacey asked, “The issue is to divert to what? You can’t just release them back out onto the street like they do in San Francisco.”
Throughout the hour-long debate Lacey pointed to Gascón’s record as San Francisco’s top prosecutor. She noted that her campaign has been endorsed by San Francisco Mayor London Breed and City Attorney Dennis Herrera.
The day after the debate, LA Mayor Eric Garcetti endorsed Gascón — a surprise move since he had endorsed Lacey before Gascón announced his run and before the recent Black Lives Matter protests that have heightened the calls for police reform.
Garcetti called Gascón a “leader who I have known and trusted for nearly 20 years who can meet this moment.”
Gascón has been endorsed by California Governor Gavin Newsom and U.S. Senator Kamala Harris along with former LA Police Chief Charlie Beck.
On the recent Black Lives Matter protests in LA, the candidates were asked about restoring trust with police.
Video footage of police striking peaceful protesters earlier this year in Los Angeles County have yet to yield any charges filed by the DA’s office against any officers.
“Yes, there were some laws broken,” Lacey said. “If the laws were broken, we’re definitely going to file those cases. I’m not going to shoot my mouth off, like my opponent.”
She said some protesters took advantage of the peaceful activism to create a “chaotic” situation.
Gascón said any type of reform in the DA’s office will need to include input from law enforcement but also the communities police serve.
“My god, I was a police officer for 30 years,” said Gascon, who was an LAPD officer before he was San Francisco DA. He called the violence against Black and Latino people a “cancer” in law enforcement.
“That cure has to include active participation from within the community,” he said.
On immigration, Lacey said her office does not cooperate with federal agents to arrest and deport people held in custody or when they appear at court.
Gascón said under Lacey’s leadership the DA’s office “over and over again refuses to provide the avenue to give people the resolution to prevent them from being deported” when they are held in custody.
Lacey has received overwhelming support from police unions who call Gascón a reformer only in name. She said she grew up in LA County and thought “everyone had bars on their windows” so she understands what it means to be a victim of crime.
She said that Gascón wants to “experiment” with residents’ safety.
“Most of the victims of real crime look like me,” she said.
“Ms. Lacey says she’s a reformer, look at the facts. Don’t look at what the police unions are saying, or what my supporters are saying, look at our actions,” Gascón said.
The debate was hosted by ABC 7 Eyewitness News, California State University, LA’s Pat Brown Institute for Public Affairs and the LA County and City League of Women Voters.


courthousenews--2020-10-05--Size of Extinct Megalodon Is Off the Charts

( CN ) — Some creatures are so big they capture the public imagination .
T-Rex .
Triceratops .
Titanosaur .
And the megalodon , an iconic megatooth shark that dominated the oceans for millions of years .
Megalodon was the subject of the 2018 sci-fi thriller “ The Meg , ” though filmmakers took the liberty of exaggerating the size and capability of the prehistoric creature that died out 3.6 million years ago .
A new study published in the journal Historical Biology concludes that the scientifically justifiable maximum body size of megalodon was about 50 feet .
While @ @ @ @ @ @ @ , megalodon were significantly larger than whale sharks , the largest fish in the oceans today at 40 feet .
The study “ illuminates exactly how uniquely gigantic ( Otodus megalodon ) was , ” said lead author Kenshu Shimada , a professor of paleobiology at DePaul University in Chicago and research associate at the Sternberg Museum of Natural History in Kansas .
Shimada , who has been studying prehistoric sharks for nearly 40 years after finding a megalodon tooth in his native Japan when he was 13 , also studies present-day sharks @ @ @ @ @ @ @ data he accumulated over the last two decades , Shimada and his colleagues — Martin Becker and Michael L. Griffiths , both environmental science professors at William Paterson University in New Jersey — examined specimens of all 13 living species of a shark group called lamniforms .
Common lamniforms include great white sharks and sand sharks .
The trio generated a conservative mathematical model to capture the relationship between tooth size and body length , then applied the equation to all known lineages of extinct non-planktivorous lamniforms based on their front , or @ @ @ @ @ @ @ comprised primarily of cartilage instead of bone , little of their forms survive in fossils except for their teeth .
The study results were surprising because practically all other non-planktivorous sharks have a general size limit of 23 feet .
Only a few plankton-eating sharks , such as the whale shark , came close to the size of megalodon .
“ The significance of this new study is that it is the first collective analysis surveying the body sizes of all major lamniform shark lineages including both extinct and living forms , ” @ @ @ @ @ @ @ to be uniquely gigantic relative to other non-planktivorous sharks.
” In the animal kingdom , size matters for a variety of reasons .
“ For animals and especially sharks , body size affects the range of travelling distances , predation risks , energy storage capacity , and the extent of heat retention that may in turn influence their life history and behavioral strategies , ” the study authors wrote .
Megalodon ’ s gigantism likely allowed it to thrive in oceans across the planet .
But what helped them grow so much larger @ @ @ @ @ @ @ study concluded that warm-bloodedness , coupled with the likely occurrence of shark embryos cannibalizing their littermates in the womb , enabled megalodon offspring to gain more weight before they were born .
If accurate , the extra size increased their chances for survival .
“ Lamniform sharks have represented major carnivores in oceans since the age of dinosaurs , so it is reasonable to assert that they must have played an important role in shaping the marine ecosystems we know today , ” said Shimada .
So why study the fossil record ?
@ @ @ @ @ @ @ ancient creatures , the better prepared we are to help current species thrive .
“ The fossil record provides a window into the evolution of ecosystem dynamics , and understanding why species become extinct and how their rise and demise affect the rest of the ecosystem is critical to today ’ s oceans for issues like conservation of organisms , habitat preservation , and sustainable marine natural resources , ” Shimada said .
“ Deciphering ecological variables as simple as the body size of organisms , especially carnivores like sharks in our new @ @ @ @ @ @ @ ”

Some creatures are so big they capture the public imagination. T-Rex. Triceratops. Titanosaur. And the megalodon, an iconic megatooth shark that dominated the oceans for millions of years.
(CN) — Some creatures are so big they capture the public imagination. T-Rex. Triceratops. Titanosaur. And the megalodon, an iconic megatooth shark that dominated the oceans for millions of years.
Megalodon was the subject of the 2018 sci-fi thriller “The Meg,” though filmmakers took the liberty of exaggerating the size and capability of the prehistoric creature that died out 3.6 million years ago.
A new study published in the journal Historical Biology concludes that the scientifically justifiable maximum body size of megalodon was about 50 feet. While smaller than earlier estimates of the species, megalodon were significantly larger than whale sharks, the largest fish in the oceans today at 40 feet.
The study “illuminates exactly how uniquely gigantic (Otodus megalodon) was,” said lead author Kenshu Shimada, a professor of paleobiology at DePaul University in Chicago and research associate at the Sternberg Museum of Natural History in Kansas.
Shimada, who has been studying prehistoric sharks for nearly 40 years after finding a megalodon tooth in his native Japan when he was 13, also studies present-day sharks to understand the species biology.
Utilizing data he accumulated over the last two decades, Shimada and his colleagues — Martin Becker and Michael L. Griffiths, both environmental science professors at William Paterson University in New Jersey — examined specimens of all 13 living species of a shark group called lamniforms. Common lamniforms include great white sharks and sand sharks.
The trio generated a conservative mathematical model to capture the relationship between tooth size and body length, then applied the equation to all known lineages of extinct non-planktivorous lamniforms based on their front, or anterior, teeth. Because sharks are comprised primarily of cartilage instead of bone, little of their forms survive in fossils except for their teeth.
The study results were surprising because practically all other non-planktivorous sharks have a general size limit of 23 feet. Only a few plankton-eating sharks, such as the whale shark, came close to the size of megalodon.
“The significance of this new study is that it is the first collective analysis surveying the body sizes of all major lamniform shark lineages including both extinct and living forms,” Shimada said. “It demonstrates Megalodon to be uniquely gigantic relative to other non-planktivorous sharks.”
In the animal kingdom, size matters for a variety of reasons.
“For animals and especially sharks, body size affects the range of travelling distances, predation risks, energy storage capacity, and the extent of heat retention that may in turn influence their life history and behavioral strategies,” the study authors wrote.
Megalodon’s gigantism likely allowed it to thrive in oceans across the planet. But what helped them grow so much larger than other sharks?
Shimada’s study concluded that warm-bloodedness, coupled with the likely occurrence of shark embryos cannibalizing their littermates in the womb, enabled megalodon offspring to gain more weight before they were born. If accurate, the extra size increased their chances for survival.
“Lamniform sharks have represented major carnivores in oceans since the age of dinosaurs, so it is reasonable to assert that they must have played an important role in shaping the marine ecosystems we know today,” said Shimada.
So why study the fossil record? Shimada believes the more we know about ancient creatures, the better prepared we are to help current species thrive.
“The fossil record provides a window into the evolution of ecosystem dynamics, and understanding why species become extinct and how their rise and demise affect the rest of the ecosystem is critical to today's oceans for issues like conservation of organisms, habitat preservation, and sustainable marine natural resources,” Shimada said. “Deciphering ecological variables as simple as the body size of organisms, especially carnivores like sharks in our new study, is the first step.”


FKGAS

PROVIDENCE , R.I. — A federal judge enjoined the state of Rhode Island from recalling a Tesla driver ’ s @ @ @ @ @ “ FKGAS.
” Vanity plates are the “ very essence ” of personal expression , @ @ @ @ @ not be harmed by allowing the driver to keep his plate until the court can @ @ @ @ @ his case .

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.


Realty Antitrust

CHICAGO — A federal judge denied the National Association of Realtors ’ motion to dismiss an antitrust suit challenging the @ @ @ @ @ pay the buyer ’ s realtor ’ s commission in order for their property to @ @ @ @ @ Listing Service used by realtors nationwide .
The homeowners adequately claim that major corporate realtors @ @ @ @ @ of independent centers of decision-making by effectively concentrating power in the association to set the @ @ @ @ @


Ranked Choice

PORTLAND , Maine — The Maine Supreme Court denied a motion to stay the court ’ s decision to keep @ @ @ @ @ voting law in effect for the November 2020 election .
The proponents of the people @ @ @ @ @ obtain enough signatures to displace the ranked-choice voting law .


Iran Punitives

WASHINGTON — A federal judge awarded the family of retired FBI and DEA agent Robert Levinson , the longest-held civilian @ @ @ @ @ punitive damages in the amount of $ 1.35 billion against his captor , the Islamic @ @ @ @


Rolling Stone Libel

LEXINGTON , Ky. — Rolling Stone magazine must face libel claims for an article stating that a Catholic high school @ @ @ @ @ of other young white boys ” mocked and taunted a Native-American activist at the Lincoln @ @ @ @ @ ruled .