courthousenews--2020-10-29--California Slammed Over ‘Blank Check’ for Delta Tunnel Project

SACRAMENTO , Calif. ( CN ) — Lobbing another hurdle at California ’ s $ 16 billion plan to tunnel underneath the West Coast ’ s largest estuary , environmentalists on Thursday sued to freeze public funding for the megaproject championed by Governor Gavin Newsom .
Led by Sierra Club and the Center for Biological Diversity , a familiar coalition of critics of the so-called delta tunnel claim the cash-strapped state is pursuing a “ blank check ” for a project that isn ’ t fully cooked .
“ It ’ s outrageous that California officials would commit funds for @ @ @ @ @ @ @ engagement or environmental review , ” said John Buse , the center ’ s senior counsel in a statement .
“ This boondoggle will destroy the delta ecosystem in a desperate attempt to continue unsustainable water use in Central and Southern California.
” The lawsuit is the latest chapter in the fight over the state ’ s decades-long attempt to funnel water around the Sacramento-San Joaquin River Delta directly to megagrowers and cities like Los Angeles in the south .
While Newsom drew applause from environmentalists just months after taking office when he @ @ @ @ @ @ @ , a new version quickly emerged .
With conservationists clamoring for the governor to take a more holistic approach to the delta and the state ’ s antiquated water problems , Newsom instead linked himself to what is undoubtedly one of the most controversial water projects in state history .
This past January , the state revived the idea and filed paperwork to officially begin the environmental review process .
Newsom and the Department of Water Resources contend the plan is a long overdue infrastructure update and will help ward off damage to @ @ @ @ @ @ @ sea levels .
Stretching across 1,100 square miles and five counties , the Sacramento-San Joaquin River Delta and its dozens of manmade islands support a $ 5 billion agricultural industry and supply water to over 25 million Californians through the federally operated Central Valley Project and the State Water Project .
But continual overpumping , agricultural runoff and tepid water temperatures have nearly extinguished a once-booming salmon population and polluted water quality , causing environmentalists to warn that the billion-dollar plumbing job — if ever completed — could ignite an ecological disaster .
@ @ @ @ @ @ @ failed attempts to get the ambitious project out of the planning phase , the Newsom administration is moving forward with the plan and has made it a focal point of the state ’ s so-called “ water portfolio.
” With planning and environmental review still underway , the Department of Water Resources asked a state judge this past August for clearance to use bonds to fund the contentious project .
The move stirred a new wave of fear for the tunnel opponents who say the state was pursuing a “ blank check ” @ @ @ @ @ @ @ to the fact the department states in its validation petition the total amount of bonds is unclear but that the principal shouldn ’ t be “ limited.
” Along with Thursday ’ s lawsuit , the environmentalists are separately fighting the August validation attempt .
The coalition is looking to throw a wrench in the plan by forcing the state back to the drawing board when it comes to the lofty price tag .
“ This premature move to secure unlimited funding during the Covid-19 pandemic is just more of the same old @ @ @ @ @ @ @ from the Department of Water Resources in regard to the tunnel , ” said Tim Stroshane of co-plaintiff Restore the Delta .
“ DWR put the cart before the horse .
There is no final delta tunnel plan , no environmental impact report , no permit from the State Water Resources Control Board and no federal permits.
” Filed in Sacramento County Superior Court , the lawsuit also asks for an order prohibiting the state from performing physical planning work until all environmental review is complete .
For over a year the department @ @ @ @ @ @ @ delta counties .
As the state works out the final details , the environmentalists say they are happy to double as financial watchdogs for the estimated $ 16 billion tunnel .
“ The single tunnel project would have devastating consequences for the delta , ” said plaintiffs ’ attorney Bob Wright in a statement .
“ The state can ’ t afford to continue throwing money away on this unsustainable pipe dream.
” In a statement , the Department of Water Resources said its validation effort is meant to confirm its authority to @ @ @ @ @ @ @ of that authority “ does not commit the department to any particular course of action .
“ The department retains its full discretion to approve or reject a project following CEQA review .
”

Lobbing another hurdle at California’s $16 billion plan to tunnel underneath the West Coast’s largest estuary, environmentalists on Thursday sued to freeze public funding for the megaproject championed by Governor Gavin Newsom.
SACRAMENTO, Calif. (CN) — Lobbing another hurdle at California’s $16 billion plan to tunnel underneath the West Coast’s largest estuary, environmentalists on Thursday sued to freeze public funding for the megaproject championed by Governor Gavin Newsom.
Led by Sierra Club and the Center for Biological Diversity, a familiar coalition of critics of the so-called delta tunnel claim the cash-strapped state is pursuing a “blank check” for a project that isn’t fully cooked.
“It’s outrageous that California officials would commit funds for this massively harmful water tunnel without public engagement or environmental review,” said John Buse, the center’s senior counsel in a statement. “This boondoggle will destroy the delta ecosystem in a desperate attempt to continue unsustainable water use in Central and Southern California.”
The lawsuit is the latest chapter in the fight over the state’s decades-long attempt to funnel water around the Sacramento-San Joaquin River Delta directly to megagrowers and cities like Los Angeles in the south.
While Newsom drew applause from environmentalists just months after taking office when he scrapped his predecessor’s litigation-prone plan, a new version quickly emerged.
With conservationists clamoring for the governor to take a more holistic approach to the delta and the state’s antiquated water problems, Newsom instead linked himself to what is undoubtedly one of the most controversial water projects in state history.
This past January, the state revived the idea and filed paperwork to officially begin the environmental review process. Newsom and the Department of Water Resources contend the plan is a long overdue infrastructure update and will help ward off damage to crucial aqueducts caused by earthquakes and rising sea levels.
Stretching across 1,100 square miles and five counties, the Sacramento-San Joaquin River Delta and its dozens of manmade islands support a $5 billion agricultural industry and supply water to over 25 million Californians through the federally operated Central Valley Project and the State Water Project.
But continual overpumping, agricultural runoff and tepid water temperatures have nearly extinguished a once-booming salmon population and polluted water quality, causing environmentalists to warn that the billion-dollar plumbing job — if ever completed — could ignite an ecological disaster.
Despite the environmental concerns and the previous failed attempts to get the ambitious project out of the planning phase, the Newsom administration is moving forward with the plan and has made it a focal point of the state’s so-called “water portfolio.” With planning and environmental review still underway, the Department of Water Resources asked a state judge this past August for clearance to use bonds to fund the contentious project.
The move stirred a new wave of fear for the tunnel opponents who say the state was pursuing a “blank check” during the pandemic-induced recession. They point to the fact the department states in its validation petition the total amount of bonds is unclear but that the principal shouldn’t be “limited.”
Along with Thursday’s lawsuit, the environmentalists are separately fighting the August validation attempt. The coalition is looking to throw a wrench in the plan by forcing the state back to the drawing board when it comes to the lofty price tag.
“This premature move to secure unlimited funding during the Covid-19 pandemic is just more of the same old shenanigans we have seen over the years from the Department of Water Resources in regard to the tunnel,” said Tim Stroshane of co-plaintiff Restore the Delta. “DWR put the cart before the horse. There is no final delta tunnel plan, no environmental impact report, no permit from the State Water Resources Control Board and no federal permits.”
Filed in Sacramento County Superior Court, the lawsuit also asks for an order prohibiting the state from performing physical planning work until all environmental review is complete. For over a year the department has been conducting geotechnical drilling in three delta counties.
As the state works out the final details, the environmentalists say they are happy to double as financial watchdogs for the estimated $16 billion tunnel.
“The single tunnel project would have devastating consequences for the delta,” said plaintiffs’ attorney Bob Wright in a statement. “The state can’t afford to continue throwing money away on this unsustainable pipe dream.”
In a statement, the Department of Water Resources said its validation effort is meant to confirm its authority to authorize and issue bonds, and confirmation of that authority "does not commit the department to any particular course of action.
"The department retains its full discretion to approve or reject a project following CEQA review."


courthousenews--2020-10-29--Biden Hangs On to Narrow Lead Over Trump in North Carolina

( CN ) — Democratic presidential candidate Joe Biden ’ s lead over President Donald Trump in the crucial battleground state of North Carolina has slipped slightly to a 3-point advantage , according to a poll released Thursday .
The New York Times/Siena College survey , which was conducted from Oct. 23 to 27 following the final presidential debate , shows the former vice president leading the Republican incumbent 48 % to 45 % in the state Trump won by 4 percentage points in 2016 .
Just over 1,000 North Carolinians participated in the poll that has a 3.7-point margin @ @ @ @ @ @ @ the same pollsters found Biden held a 4 % lead in the Tar Heel State ( 46 % to 42 % ) , which was up slightly from the 45 % to 44 % lead in a poll taken in September .
Biden polled well with women and African Americans in North Carolina , with 88 % of Black voters siding with the Democrat compared to just 5 % for Trump .
Fifty-one percent of women surveyed said they supported Biden while 44 % back the president .
The incumbent has a 47 @ @ @ @ @ @ @ .
Nearly equal shares of respondents said each candidate won the final debate—36 % for Trump and 35 % for Biden , with 29 % saying they did not have an opinion .
Trump ’ s is scheduled to hold a rally in North Carolina rally on Thursday evening , which will mark his ninth campaign event in the state since September .
He last visited on Saturday .
Don Levy , director of the Siena College Research Institute , noted that Biden leads 54 % to 40 % among the two-thirds of @ @ @ @ @ @ @ Trump leads 55 % to 37 % among those who have not yet voted .
“ As the campaign enters the closing days – with fewer and fewer voters who have yet to cast their ballot – the race for North Carolina ’ s 15 Electoral College votes continues to be nip and tuck .
Biden has maintained a narrow advantage throughout the fall and has the early lead among those who have already voted , ” Levy said .
North Carolina voters are also choosing a U.S. Senate candidate in a highly @ @ @ @ @ @ @ narrowly leads incumbent Republican Senator Thom Tillis 46 % to 43 % in the Times/Siena College poll .
Cunningham is up 5 % from the previous survey despite the emergence of a scandal revealing the candidate , who is married , exchanged romantic texts with a political consultant from California .
A drastic change following the poll in mid-October has undecided voters in the Senate race down from 15 % to 6 % in the latest survey .
The North Carolina Senate race is considered crucial for Democrats ’ hopes of taking control @ @ @ @ @ @ @ to maintain a small lead over Tillis , even as the number of undecided voters drops , as both candidates solidify support with voters from their party , ” Levy said .
“ Independent voters – like at the top of the ticket – have shifted a little to the Democratic side , and Cunningham now leads with them 48-34 percent.
” In North Carolina ’ s gubernatorial race , Democratic incumbent Roy Cooper holds a 9-point lead over Republican challenger , current Lieutenant Governor Dan Forest .
In North Carolina , the @ @ @ @ @ @ @ instead of being paired on the same ticket .
Cooper ’ s lead is down 5 percentage points from his 14-point lead in the previous poll .
Sixty-four of respondents said they have already voted , with 48 % voting in person and 15 % by mail .
Half of North Carolina Independents said they voted in person compared to 11 % by mail , while 39 % of Independents have yet to vote .
North Carolina has recorded more than 250,000 Covid-19 cases with more than 4,000 deaths from the virus .
@ @ @ @ @ @ @ the state .
“ Covid , Covid , Covid , ” Trump told supporters at Saturday ’ s rally in Lumberton .
“ By the way , on Nov. 4 , you won ’ t hear about it anymore .
”

Democratic presidential candidate Joe Biden’s lead over President Donald Trump in the crucial battleground state of North Carolina has slipped slightly to a 3-point advantage, according to a poll released Thursday.
(CN) — Democratic presidential candidate Joe Biden’s lead over President Donald Trump in the crucial battleground state of North Carolina has slipped slightly to a 3-point advantage, according to a poll released Thursday.
The New York Times/Siena College survey, which was conducted from Oct. 23 to 27 following the final presidential debate, shows the former vice president leading the Republican incumbent 48% to 45% in the state Trump won by 4 percentage points in 2016. Just over 1,000 North Carolinians participated in the poll that has a 3.7-point margin of error.
Two weeks earlier, the same pollsters found Biden held a 4% lead in the Tar Heel State (46% to 42%), which was up slightly from the 45% to 44% lead in a poll taken in September.
Biden polled well with women and African Americans in North Carolina, with 88% of Black voters siding with the Democrat compared to just 5% for Trump. Fifty-one percent of women surveyed said they supported Biden while 44% back the president. The incumbent has a 47% to 45% edge among men.
Nearly equal shares of respondents said each candidate won the final debate—36% for Trump and 35% for Biden, with 29% saying they did not have an opinion.
Trump’s is scheduled to hold a rally in North Carolina rally on Thursday evening, which will mark his ninth campaign event in the state since September. He last visited on Saturday.
Don Levy, director of the Siena College Research Institute, noted that Biden leads 54% to 40% among the two-thirds of North Carolinians who have already voted while Trump leads 55% to 37% among those who have not yet voted.
“As the campaign enters the closing days – with fewer and fewer voters who have yet to cast their ballot – the race for North Carolina’s 15 Electoral College votes continues to be nip and tuck. Biden has maintained a narrow advantage throughout the fall and has the early lead among those who have already voted,” Levy said.
North Carolina voters are also choosing a U.S. Senate candidate in a highly consequential race. Democratic candidate Cal Cunningham narrowly leads incumbent Republican Senator Thom Tillis 46% to 43% in the Times/Siena College poll. Cunningham is up 5% from the previous survey despite the emergence of a scandal revealing the candidate, who is married, exchanged romantic texts with a political consultant from California.
A drastic change following the poll in mid-October has undecided voters in the Senate race down from 15% to 6% in the latest survey. The North Carolina Senate race is considered crucial for Democrats’ hopes of taking control of the Senate.
“Cunningham continues to maintain a small lead over Tillis, even as the number of undecided voters drops, as both candidates solidify support with voters from their party,” Levy said. “Independent voters – like at the top of the ticket – have shifted a little to the Democratic side, and Cunningham now leads with them 48-34 percent.”
In North Carolina’s gubernatorial race, Democratic incumbent Roy Cooper holds a 9-point lead over Republican challenger, current Lieutenant Governor Dan Forest. In North Carolina, the governor and lieutenant governor are elected separately instead of being paired on the same ticket.
Cooper’s lead is down 5 percentage points from his 14-point lead in the previous poll.
Sixty-four of respondents said they have already voted, with 48% voting in person and 15% by mail. Half of North Carolina Independents said they voted in person compared to 11% by mail, while 39% of Independents have yet to vote.
North Carolina has recorded more than 250,000 Covid-19 cases with more than 4,000 deaths from the virus. This week saw 1,214 new cases in the state.
“Covid, Covid, Covid,” Trump told supporters at Saturday’s rally in Lumberton. “By the way, on Nov. 4, you won’t hear about it anymore.”


courthousenews--2020-10-29--Maine’s Ban on Tuition Reimbursement to Religious Schools Upheld

BOSTON ( CN ) — Maine can provide tuition reimbursement to parents who send their children to private schools but not to parents who send their children to religious schools , the First Circuit held Thursday .
The 63-page ruling could have national implications inasmuch as roughly half the states have tuition voucher programs of some sort , said Leslie Davis Hiner , vice president of the advocacy group EdChoice , in an interview .
And the issue isn ’ t going away quickly .
“ We will immediately appeal to the U.S. Supreme Court , ” said the plaintiffs @ @ @ @ @ @ @ Institute for Justice , a libertarian public-interest law firm in Virginia .
“ Today ’ s decision is disappointing for families across Maine , but we are confident the Supreme Court will ultimately put a stop to it , ” Keller said in a statement .
Maine is a rural state and the majority of its school districts don ’ t have their own high school .
As a result , the state allows parents to apply for tuition reimbursement after enrolling their children in the nearby public or private school of their @ @ @ @ @ @ @ isn ’ t religious .
Three families who wanted to send their children to Christian schools filed a lawsuit claiming that Maine was infringing on their free exercise of religion .
The First Circuit upheld Maine ’ s program in 2004 , but the current lawsuit was prompted by two recent U.S. Supreme Court decisions .
In 2017 , the Supreme Court ruled that a Missouri subsidy for resurfacing playgrounds at preschool and daycare facilities couldn ’ t be denied to a church-run preschool .
And in June of this year , the @ @ @ @ @ @ @ tax credits for people who donate to private-school scholarships couldn ’ t exclude religious schools .
These new rulings meant that Maine ’ s program is now illegal , the families argued .
But U.S .
Circuit Judge David Barron , an Obama appointee , said that there was a big difference between religious status and religious activities .
The Missouri and Montana programs denied subsidies to schools simply because of their status as being owned by a church — regardless of whether the education was religious in nature , Barron said .
@ @ @ @ @ @ @ subsidies only if the school ’ s educational program is explicitly religious .
The state ’ s “ focus is on what the school teaches through its curriculum and related activities , and how the material is presented , ” Barron explained .
“ Sectarian schools are denied funds not because of who they are but because of what they would do with the money — use it to further the religious purposes of inculcation and proselytization.
” Of the two schools in this case , one “ has a mission of ‘ @ @ @ @ @ @ @ students , with religious instruction ‘ completely intertwined ’ in its curriculum and the Bible as its ‘ final authority in all matters , ’ ” Barron noted .
The other “ provides a ‘ biblically-integrated education ’ and has an educational philosophy ‘ based on a thoroughly Christian and biblical worldview , ’ ” Barron said .
And both schools refuse to hire teachers who are homosexual .
Barron noted that the purpose of the Maine program is to ensure that students in districts without a public high school get an education @ @ @ @ @ @ @ education they would receive in public schools , ” which would be secular in character .
Although the families claim they ’ re being penalized for being religious , “ nothing … suggests that the government penalizes a fundamental right simply because it declines to subsidize it , ” Barron observed .
The ruling was joined by U.S .
Circuit Judge Bruce Selya , a Reagan appointee , and former Supreme Court Justice David Souter .

Maine can provide tuition reimbursement to parents who send their children to private schools but not to parents who send their children to religious schools, the First Circuit held Thursday.
BOSTON (CN) — Maine can provide tuition reimbursement to parents who send their children to private schools but not to parents who send their children to religious schools, the First Circuit held Thursday.
The 63-page ruling could have national implications inasmuch as roughly half the states have tuition voucher programs of some sort, said Leslie Davis Hiner, vice president of the advocacy group EdChoice, in an interview.
And the issue isn’t going away quickly. “We will immediately appeal to the U.S. Supreme Court,” said the plaintiffs’ attorney, Tim Keller of the Institute for Justice, a libertarian public-interest law firm in Virginia.
“Today’s decision is disappointing for families across Maine, but we are confident the Supreme Court will ultimately put a stop to it,” Keller said in a statement.
Maine is a rural state and the majority of its school districts don’t have their own high school. As a result, the state allows parents to apply for tuition reimbursement after enrolling their children in the nearby public or private school of their choice — so long as the school isn’t religious.
Three families who wanted to send their children to Christian schools filed a lawsuit claiming that Maine was infringing on their free exercise of religion.
The First Circuit upheld Maine’s program in 2004, but the current lawsuit was prompted by two recent U.S. Supreme Court decisions. In 2017, the Supreme Court ruled that a Missouri subsidy for resurfacing playgrounds at preschool and daycare facilities couldn’t be denied to a church-run preschool.
And in June of this year, the Supreme Court said a Montana program of tax credits for people who donate to private-school scholarships couldn’t exclude religious schools.
These new rulings meant that Maine’s program is now illegal, the families argued.
But U.S. Circuit Judge David Barron, an Obama appointee, said that there was a big difference between religious status and religious activities. The Missouri and Montana programs denied subsidies to schools simply because of their status as being owned by a church — regardless of whether the education was religious in nature, Barron said.
By contrast, the Maine program denies subsidies only if the school’s educational program is explicitly religious.
The state’s “focus is on what the school teaches through its curriculum and related activities, and how the material is presented,” Barron explained.
“Sectarian schools are denied funds not because of who they are but because of what they would do with the money — use it to further the religious purposes of inculcation and proselytization."
Of the two schools in this case, one “has a mission of ‘instilling a biblical worldview’ in its students, with religious instruction ‘completely intertwined’ in its curriculum and the Bible as its ‘final authority in all matters,’” Barron noted.
The other “provides a ‘biblically-integrated education’ and has an educational philosophy ‘based on a thoroughly Christian and biblical worldview,’” Barron said. And both schools refuse to hire teachers who are homosexual.
Barron noted that the purpose of the Maine program is to ensure that students in districts without a public high school get an education that is “roughly equivalent to the education they would receive in public schools,” which would be secular in character.
Although the families claim they’re being penalized for being religious, “nothing … suggests that the government penalizes a fundamental right simply because it declines to subsidize it,” Barron observed.
The ruling was joined by U.S. Circuit Judge Bruce Selya, a Reagan appointee, and former Supreme Court Justice David Souter.


courthousenews--2020-10-29--Fourth Circuit Hears Debate Over Prison Video Calls for Deaf

( CN ) — A Fourth Circuit panel heard arguments Thursday over whether a North Carolina prison violated a deaf civil detainee ’ s First Amendment rights by not allowing him to use a videophone to contact people on the outside .
Thomas Heyer , who has been deaf since birth , first sued the Bureau of Prisons in 2011 over its failure to provide American Sign Language interpreters for medical and mental health treatment and religious services , access to a videophone and warning lights in his cell .
He was initially convicted of possessing child pornography and was @ @ @ @ @ @ @ violating the terms of his supervised release .
Prosecutors then labeled Heyer a sexually dangerous person under the Adam Walsh Child Protection and Safety Act in 2008 and have since held him in civil custody in a federal correctional institution in Butner , North Carolina .
Andrew T. Tutt from the law firm Arnold & Porter represented Heyer in Thursday ’ s hearing before the Richmond-based appeals court .
The arguments focused on the detainee ’ s First Amendment claims based on the prison ’ s refusal to provide access to a videophone @ @ @ @ @ @ @ better communicate with the outside world .
“ Mr .
Heyer has a First Amendment right to communicate with others beyond the prison walls , ” Tutt told the court , adding that the Bureau of Prisons , or BOP , could “ accommodate this right at little cost.
” After asking Tutt how he has been communicating with his client , U.S .
Circuit Judge Diana Motz said Heyer now has the ability to communicate with others through different technology that was provided to him – including email and TTY , a @ @ @ @ @ @ @ speech-impaired .
But the attorney responded that Heyer is still unable to connect with those who matter most to him , including other people in the deaf community and his brother , who he wants to teach sign language to .
“ What looks like an attractive accommodation is like telling an English speaker that they can only make telephone calls to non-English speakers , ” he said .
When Motz , a Bill Clinton appointee , asked whether the scope of Heyer ’ s rights under the First Amendment requires that he @ @ @ @ @ @ @ Tutt conceded that wasn ’ t the case .
But the attorney argued prisoners should be able to connect with family members and those “ with whom conversations would be the most meaningful.
” “ Individuals who are non-hearing form a community of shared experiences , ” Tutt said , pointing out that Heyer has close relationships with other deaf individuals , including an ex-boyfriend he can not reach using email and TTY .
Adding to communication difficulties , the attorney said Heyer can only read and write at a third-grade level .
@ @ @ @ @ @ @ medical appointments between 2008 and 2013 without a translator present , leading to difficulty obtaining diagnoses and understanding directions for taking his medications .
His attorney said the communication barrier resulted in seizures after Heyer misunderstood the instructions on refilling his blood pressure medication .
Heyer also argued that the BOP ’ s failure to provide a qualified interpreter left him unable to receive the treatment required by the Walsh Act to establish that he was no longer sexually dangerous and was fit to be released .
“ Heyer is not a typical @ @ @ @ @ @ @ attorney Mallory Brooks Storus , arguing on behalf of the BOP on Thursday .
“ His current status and background are vital to the issue at hand , ” she said , adding that Heyer “ has an extensive history of sexually deviant behavior against children.
” Storus said the BOP made an individualized determination , due to his “ disturbing background of sexual deviance , ” to not provide the specific videophone technology to Heyer .
Tutt later responded that he disagrees with Storus ’ claim that the policy was individualized based @ @ @ @ @ @ @ that other Walsh Act detainees are allowed to use videophones .
Speaking to the First Amendment claims , Storus said none of the Heyer ’ s immediate family members are deaf .
She also told the panel that monitoring his videophone calls would drain prison resources .
Storus asked the judges to affirm a federal judge ’ s decision in the BOP ’ s favor that dismissed Heyer ’ s complaint .
After the judge originally granted summary judgement to the government in 2015 , the Fourth Circuit vacated that decision in 2017 @ @ @ @ @ @ @ lower court for trial .
The parties reached a settlement agreement on the eve of trial that resolved all claims except the First Amendment claim over videophone access .
After a two-day bench trial , the judge found Heyer did not establish a First Amendment violation .
After his motion for reconsideration was denied , Heyer again appealed to the Fourth Circuit .
Joining Motz on the Fourth Circuit panel Thursday were U.S .
Circuit Judges Barbara Keenan and Henry Floyd , both appointed by Barack Obama .
Motz and Floyd were on @ @ @ @ @ @ @ and are now tasked with deciding the case again .

A Fourth Circuit panel heard arguments Thursday over whether a North Carolina prison violated a deaf civil detainee’s First Amendment rights by not allowing him to use a videophone to contact people on the outside.
(CN) — A Fourth Circuit panel heard arguments Thursday over whether a North Carolina prison violated a deaf civil detainee’s First Amendment rights by not allowing him to use a videophone to contact people on the outside.
Thomas Heyer, who has been deaf since birth, first sued the Bureau of Prisons in 2011 over its failure to provide American Sign Language interpreters for medical and mental health treatment and religious services, access to a videophone and warning lights in his cell.
He was initially convicted of possessing child pornography and was imprisoned for 18 months in 2007 for violating the terms of his supervised release. Prosecutors then labeled Heyer a sexually dangerous person under the Adam Walsh Child Protection and Safety Act in 2008 and have since held him in civil custody in a federal correctional institution in Butner, North Carolina.
Andrew T. Tutt from the law firm Arnold & Porter represented Heyer in Thursday’s hearing before the Richmond-based appeals court. The arguments focused on the detainee’s First Amendment claims based on the prison’s refusal to provide access to a videophone, which Heyer says would help him better communicate with the outside world.
“Mr. Heyer has a First Amendment right to communicate with others beyond the prison walls,” Tutt told the court, adding that the Bureau of Prisons, or BOP, could “accommodate this right at little cost.”
After asking Tutt how he has been communicating with his client, U.S. Circuit Judge Diana Motz said Heyer now has the ability to communicate with others through different technology that was provided to him – including email and TTY, a text messaging system for the deaf and speech-impaired.
But the attorney responded that Heyer is still unable to connect with those who matter most to him, including other people in the deaf community and his brother, who he wants to teach sign language to.
“What looks like an attractive accommodation is like telling an English speaker that they can only make telephone calls to non-English speakers,” he said.
When Motz, a Bill Clinton appointee, asked whether the scope of Heyer’s rights under the First Amendment requires that he is able to communicate with everyone, Tutt conceded that wasn’t the case. But the attorney argued prisoners should be able to connect with family members and those “with whom conversations would be the most meaningful.”
“Individuals who are non-hearing form a community of shared experiences,” Tutt said, pointing out that Heyer has close relationships with other deaf individuals, including an ex-boyfriend he cannot reach using email and TTY. Adding to communication difficulties, the attorney said Heyer can only read and write at a third-grade level.
Heyer also claimed he had attended nine medical appointments between 2008 and 2013 without a translator present, leading to difficulty obtaining diagnoses and understanding directions for taking his medications. His attorney said the communication barrier resulted in seizures after Heyer misunderstood the instructions on refilling his blood pressure medication.
Heyer also argued that the BOP’s failure to provide a qualified interpreter left him unable to receive the treatment required by the Walsh Act to establish that he was no longer sexually dangerous and was fit to be released.
“Heyer is not a typical federal inmate,” said Justice Department attorney Mallory Brooks Storus, arguing on behalf of the BOP on Thursday.
“His current status and background are vital to the issue at hand,” she said, adding that Heyer “has an extensive history of sexually deviant behavior against children.”
Storus said the BOP made an individualized determination, due to his “disturbing background of sexual deviance,” to not provide the specific videophone technology to Heyer. Tutt later responded that he disagrees with Storus’ claim that the policy was individualized based on Heyer’s background, noting that other Walsh Act detainees are allowed to use videophones.
Speaking to the First Amendment claims, Storus said none of the Heyer’s immediate family members are deaf. She also told the panel that monitoring his videophone calls would drain prison resources.
Storus asked the judges to affirm a federal judge’s decision in the BOP’s favor that dismissed Heyer’s complaint.
After the judge originally granted summary judgement to the government in 2015, the Fourth Circuit vacated that decision in 2017 and remanded the case back to the lower court for trial.
The parties reached a settlement agreement on the eve of trial that resolved all claims except the First Amendment claim over videophone access. After a two-day bench trial, the judge found Heyer did not establish a First Amendment violation. After his motion for reconsideration was denied, Heyer again appealed to the Fourth Circuit.
Joining Motz on the Fourth Circuit panel Thursday were U.S. Circuit Judges Barbara Keenan and Henry Floyd, both appointed by Barack Obama. Motz and Floyd were on the panel that issued the 2017 decision and are now tasked with deciding the case again.


courthousenews--2020-10-29--Audit of Covid PSA Says Feds Sought Pro-Trump Message, Came Up Empty

WASHINGTON ( CN ) — Getting around White House roadblocks , House Democrats say their investigation of a nearly $ 300 million effort to tout America ’ s handling of the coronavirus pandemic found improper politicking , including a blacklist of celebrities considered opponents of President Trump .
The Department of Health and Human Services considered 274 marquee names for the still-unfinished public service announcement , according to documents released Thursday by the House Select Subcommittee on the Coronavirus Crisis as well as the committees on Oversight and Reform and Economic and Consumer Policy .
But after excluding people like @ @ @ @ @ @ @ put it , she “ is an Obama-supporting Democrat and a gay-rights supporting liberal , ” the administration felt it had only 10 options for the PSA .
The actor Dennis Quaid was one of three people who ultimately sat for an interview , only to refuse to participate .
Apparently , the singer Marc Anthony was dropped out of the running when he “ sought an amendment to his contract to ensure that his content would not be used for advertisements to re-elect President Trump.
” House leaders say the documents suggest @ @ @ @ @ @ @ to mount a political propaganda campaign , all on the taxpayers ’ dime .
“ Of course , it is completely inappropriate to frame a taxpayer-funded ad campaign around ‘ helping ’ President Trump in the weeks and days before the election , ” the committees said in a 17-page letter to HHS Secretary Alex Azar .
“ This theme also ignores the reality that more than 220,000 Americans have died from coronavirus — a fact that should not be whitewashed in a legitimate public health message.
” Azar put the campaign on @ @ @ @ @ @ @ committees ’ request for any documents about the boondoggle , the secretary told the Oversight subcommittee that the matter was being investigated internally .
Finding that stance inadequate , Thursday ’ s letter gives Azar a deadline of Nov. 10 to produce everything it asked for back in September , as well as more materials related to what has been uncovered so far .
HHS did not immediately respond to a request for comment Thursday .
The committees first wrote to Azar when HHS awarded the Fors Marsh Group a contract for the @ @ @ @ @ @ @ million .
Another marketing firm , Atlas Research , was later given a $ 15 million contract .
Apart from star tracking , Thursday ’ s report slams Michael Caputo , the HHS assistant secretary of public affairs , for working partisan political interests into the campaign .
In a meeting just last month with Atlas executives , “ Caputo proposed … that one of the themes of the ad campaign should be : ‘ Helping the President will Help the Country.
’ ” Politico quoted Caputo as saying the campaign was “ @ @ @ @ @ @ @ the United States .
Personally.
” Thursday ’ s report calls it concerning that he steered subcontracts toward DD & T Group , Grapeseed Media and Co/efficient , before taking a medical leave of absence this month for a cancer diagnosis .
The president of Atlas listed apparent conflicts of interest in a report on his due diligence , noting that DD & T is owned by a Russian-born business associate of Caputo ’ s , while Co/efficient is “ run by a state-level Republican pollster.
” Atlas ’ notes quote Caputo as @ @ @ @ @ @ @ Riveter propaganda , referring to the campaign aimed at recruiting women to work in defense industries during World War II .
The marketing firm also shared the “ PSA Celebrity Tracker ” it compiled at the government ’ s request .
This 34-page document shows that celebrities like George Lopez and Margaret Cho were secretly scrutinized for anti-Trump sentiments .
Zach Galifianakis “ refused to host President Trump on talk show , ” investigators found , and Billie Eilish has criticized the president for “ destroying our country and everything we care about.
@ @ @ @ @ @ @ now the law of the land , Thursday ’ s letter questions why celebrities like Justin Timberlake were classified as “ liberal left ” for supporting gay rights .
“ Spokespeople for public service campaigns should be chosen on their ability to reach the target audience , not their political affiliation , ” the letter barks .
Back in September , Quaid posted a video on Instagram where he slammed the media for accusing him of taking CDC money to make a pro-Trump spot .
“ Nothing could be further from the truth @ @ @ @ @ @ @ his interview involved the nation ’ s top infectious-disease expert , Dr. Anthony Fauci , talking “ about the importance of wearing a mask , about social distancing , and it was in no way political.
” The actor titled his post “ No good deed goes unpoliticized ” and encouraged fans to hear his full interview with Dr. Fauci on his podcast , “ The Dennisance .
”

"Liberal left," "fights for gay rights." A marketing company hired for a $300 million government campaign supposedly about the coronavirus made sure that none of the spots would go to anti-Trump A-listers.
WASHINGTON (CN) — Getting around White House roadblocks, House Democrats say their investigation of a nearly $300 million effort to tout America’s handling of the coronavirus pandemic found improper politicking, including a blacklist of celebrities considered opponents of President Trump.
The Department of Health and Human Services considered 274 marquee names for the still-unfinished public service announcement, according to documents released Thursday by the House Select Subcommittee on the Coronavirus Crisis as well as the committees on Oversight and Reform and Economic and Consumer Policy.
But after excluding people like Christina Aguilera because, as one contractor put it, she “is an Obama-supporting Democrat and a gay-rights supporting liberal,” the administration felt it had only 10 options for the PSA.
The actor Dennis Quaid was one of three people who ultimately sat for an interview, only to refuse to participate. Apparently, the singer Marc Anthony was dropped out of the running when he “sought an amendment to his contract to ensure that his content would not be used for advertisements to re-elect President Trump.”
House leaders say the documents suggest that HHS exploited a public health effort to mount a political propaganda campaign, all on the taxpayers’ dime.
“Of course, it is completely inappropriate to frame a taxpayer-funded ad campaign around ‘helping’ President Trump in the weeks and days before the election,” the committees said in a 17-page letter to HHS Secretary Alex Azar. “This theme also ignores the reality that more than 220,000 Americans have died from coronavirus — a fact that should not be whitewashed in a legitimate public health message."
Azar put the campaign on hold earlier this month. Ignoring the committees’ request for any documents about the boondoggle, the secretary told the Oversight subcommittee that the matter was being investigated internally.
Finding that stance inadequate, Thursday’s letter gives Azar a deadline of Nov. 10 to produce everything the committees asked for back in September, as well as more materials related to what has been uncovered so far.
In a statement responding to the letter, a representative for HHS characterized the agency’s line of communication with Congress as an “open” one.
“The plan has always been to only use materials reviewed by a department-wide team of experts including scientists from CDC who will ensure the latest scientific information is used to provide important public health, therapeutic and vaccine information,” the statement asserts.
The committees first wrote to Azar when HHS awarded the Fors Marsh Group a contract for the campaign valued at more than $250 million. Another marketing firm, Atlas Research, was later given a $15 million contract.
Apart from star tracking, Thursday’s report slams Michael Caputo, the HHS assistant secretary of public affairs, for working partisan political interests into the campaign.
In a meeting just last month with Atlas executives, “Caputo proposed ... that one of the themes of the ad campaign should be: ‘Helping the President will Help the Country.’”
Politico quoted Caputo as saying the campaign was “demanded of me by the president of the United States. Personally.”
Thursday’s report calls it concerning that he steered subcontracts toward DD&T Group, Grapeseed Media and Co/efficient, before taking a medical leave of absence this month for a cancer diagnosis.
The president of Atlas listed apparent conflicts of interest in a report on his due diligence, noting that DD&T is owned by a Russian-born business associate of Caputo’s, while Co/efficient is “run by a state-level Republican pollster.”
Atlas’ notes quote Caputo as saying the ads should rival Rosie the Riveter propaganda, referring to the campaign aimed at recruiting women to work in defense industries during World War II.
The marketing firm also shared the "PSA Celebrity Tracker" it compiled at the government’s request. This 34-page document shows that celebrities like George Lopez and Margaret Cho were secretly scrutinized for anti-Trump sentiments.
Zach Galifianakis “refused to host President Trump on talk show,” investigators found, and Billie Eilish has criticized the president for “destroying our country and everything we care about.”
Reminding Azar that same-sex marriage is now the law of the land, Thursday’s letter questions why celebrities like Justin Timberlake were classified as “liberal left” for supporting gay rights.
“Spokespeople for public service campaigns should be chosen on their ability to reach the target audience, not their political affiliation,” the letter barks.
Back in September, Quaid posted a video on Instagram where he slammed the media for accusing him of taking CDC money to make a pro-Trump spot.
"Nothing could be further from the truth," Quaid said, emphasizing that his interview involved the nation's top infectious-disease expert, Dr. Anthony Fauci, talking "about the importance of wearing a mask, about social distancing, and it was in no way political."
The actor titled his post "No good deed goes unpoliticized" and encouraged fans to hear his full interview with Dr. Fauci on his podcast, "The Dennisance."


courthousenews--2020-10-29--California Sued for Failing to Protect Shorebird From Off-Roaders

Conservationists blasted California over its continued refusal to protect the endangered snowy plover from being crushed by dune buggies and ATVs at Oceano Dunes State Park .
( CN ) — A day before Oceano Dunes State Park is set to reopen following a monthslong closure during the Covid-19 pandemic , conservationists sued California on Thursday on claims of violating the Endangered Species Act by failing to prevent an endangered shorebird from being crushed to death by off-road vehicles on the beach .
Oceano Dunes , which includes 1,500 acres of sand dunes and six miles of beachfront in San @ @ @ @ @ @ @ California beach which allows off-road vehicle recreation .
Like most public parks , it has been mostly closed during 2020 due to the Covid-19 pandemic .
It is set to reopen Friday , with phase one allowing up to 1,000 “ street legal ” vehicles including jeeps and trucks on the dunes from 7 a.m. to 8 p.m .
In a complaint filed in the Central District of California on Thursday , the Center for Biological Diversity said allowing vehicles onto the sand after dusk is particularly dangerous for endangered western snowy plovers @ @ @ @ @ @ @ season ends in September .
The Pacific Coast population of snowy plover has been listed as a threatened species under the Endangered Species Act since 1993 .
“ Nesting generally occurs in Central and Southern California between March and September , ” the Center for Biological Diversity claims in the 12-page complaint .
“ During fall and winter , outside of the nesting season , many snowy plovers continue to inhabit these beaches and remain at risk from off-road vehicle use on beaches where they are foraging , ” the group claims .
@ @ @ @ @ @ @ winter — after the State Parks Department has removed temporary fencing installed to protect birds during nesting season — that the most snowy plovers are killed by motorized vehicle activities on the beach , in violation of the Endangered Species Act , according to the Center for Biological Diversity .
In 2016 , four western snowy plovers were found dead in tire tracks between October and November , according to an annual report on Oceano Dunes prepared by State Parks cited in the complaint .
The Endangered Species Act requires an “ incidental @ @ @ @ @ @ @ cause harm , injury or death to listed animals or destroys their habitats .
But the California Department of Parks and Recreation does not have the federal permit to allow continued off-road vehicle recreation at Oceano Dunes .
The Center for Biological Diversity filed a notice of intent to sue for violations of the Endangered Species Act in 2017 but held off a few years while waiting for a habitat conservation plan by State Parks to get approved .
So far , the plan is still in the works despite direction from the @ @ @ @ @ @ @ and Wildlife Service ordering State Parks to mitigate western snowy plover deaths at Oceano Dunes .
“ We don ’ t think they are operating in good faith at this point , ” Center for Biological Diversity senior conservation advocate Jeff Miller said in an interview .
“ I don ’ t understand why State Parks continues to go in the opposite direction they ’ ve been told to go in by Fish and Wildlife and the Coastal Commission , which have recommended that seasonal fencing be permanent , ” Miller added .
@ @ @ @ @ @ @ months-long pandemic closure is particularly troubling to the Center for Biological Diversity and other conservationists as the snowy plovers took advantage of the beach closures and have expanded their nesting and foraging area in the vehicles ’ absence .
“ The current status quo on the ground at Oceano Dunes is that snowy plovers are nesting and foraging more widely along the beach and foredunes at Oceano Dunes than they have in years where off-road motorized vehicles were riding on the beach and the dunes and those and other motorized vehicles were parking @ @ @ @ @ @ @ the center claims .
In an email , State Parks declined to comment on pending litigation but said it will continue its plan to reopen Oceano Dunes and adjacent Pismo Beach starting Friday .
The Center for Biological Diversity wants a federal judge to declare the state is violating the Endangered Species Act and to bar continued off-road vehicle use at Oceano Dunes without an “ incidental take permit ” issued by U.S .
Fish and Wildlife Service .
The California Natural Resources Agency , also a named defendant in the complaint , @ @ @ @ @ @ @ comment by press time .
An email seeking comment from off-road advocacy group Friends of Oceano Dunes was also not returned by press time .

Conservationists blasted California over its continued refusal to protect the endangered snowy plover from being crushed by dune buggies and ATVs at Oceano Dunes State Park.
(CN) — A day before Oceano Dunes State Park is set to reopen following a monthslong closure during the Covid-19 pandemic, conservationists sued California on Thursday on claims of violating the Endangered Species Act by failing to prevent an endangered shorebird from being crushed to death by off-road vehicles on the beach.
Oceano Dunes, which includes 1,500 acres of sand dunes and six miles of beachfront in San Luis Obispo County, is the only California beach which allows off-road vehicle recreation. Like most public parks, it has been mostly closed during 2020 due to the Covid-19 pandemic.
It is set to reopen Friday, with phase one allowing up to 1,000 “street legal” vehicles including jeeps and trucks on the dunes from 7 a.m. to 8 p.m.
In a complaint filed in the Central District of California on Thursday, the Center for Biological Diversity said allowing vehicles onto the sand after dusk is particularly dangerous for endangered western snowy plovers who remain on the beach after breeding season ends in September.
The Pacific Coast population of snowy plover has been listed as a threatened species under the Endangered Species Act since 1993.
“Nesting generally occurs in Central and Southern California between March and September,” the Center for Biological Diversity claims in the 12-page complaint.
“During fall and winter, outside of the nesting season, many snowy plovers continue to inhabit these beaches and remain at risk from off-road vehicle use on beaches where they are foraging,” the group claims.
It’s during the fall and winter — after the State Parks Department has removed temporary fencing installed to protect birds during nesting season — that the most snowy plovers are killed by motorized vehicle activities on the beach, in violation of the Endangered Species Act, according to the Center for Biological Diversity.
ATVs ride the beach in Oceano, California. (Photo courtesy California State Parks)
In 2016, four western snowy plovers were found dead in tire tracks between October and November, according to an annual report on Oceano Dunes prepared by State Parks cited in the complaint.
The Endangered Species Act requires an “incidental take permit” for activities that can cause harm, injury or death to listed animals or destroys their habitats. But the California Department of Parks and Recreation does not have the federal permit to allow continued off-road vehicle recreation at Oceano Dunes.
The Center for Biological Diversity filed a notice of intent to sue for violations of the Endangered Species Act in 2017 but held off a few years while waiting for a habitat conservation plan by State Parks to get approved.
So far, the plan is still in the works despite direction from the California Coastal Commission and U.S. Fish and Wildlife Service ordering State Parks to mitigate western snowy plover deaths at Oceano Dunes.
“We don’t think they are operating in good faith at this point,” Center for Biological Diversity senior conservation advocate Jeff Miller said in an interview.
“I don’t understand why State Parks continues to go in the opposite direction they’ve been told to go in by Fish and Wildlife and the Coastal Commission, which have recommended that seasonal fencing be permanent,” Miller added.
Reopening the beach to vehicles following the months-long pandemic closure is particularly troubling to the Center for Biological Diversity and other conservationists as the snowy plovers took advantage of the beach closures and have expanded their nesting and foraging area in the vehicles’ absence.
A snowy plover chick. (Photo courtesy California State Parks)
“The current status quo on the ground at Oceano Dunes is that snowy plovers are nesting and foraging more widely along the beach and foredunes at Oceano Dunes than they have in years where off-road motorized vehicles were riding on the beach and the dunes and those and other motorized vehicles were parking on the beach and foredunes,” the center claims.
In an email, State Parks declined to comment on pending litigation but said it will continue its plan to reopen Oceano Dunes and adjacent Pismo Beach starting Friday.
The Center for Biological Diversity wants a federal judge to declare the state is violating the Endangered Species Act and to bar continued off-road vehicle use at Oceano Dunes without an “incidental take permit” issued by U.S. Fish and Wildlife Service.
The California Natural Resources Agency, also a named defendant in the complaint, did not respond to a request for comment by press time.
An email seeking comment from off-road advocacy group Friends of Oceano Dunes was also not returned by press time.


courthousenews--2020-10-30--Decaying Jellyfish Responsible for Changes to Coastal Ecosystems, Study Finds

( CN ) — Scientists have found that a handful of marine bacteria strains are being fueled largely by decaying jellyfish blooms .
These bacteria function like an oceanic clean-up crew , keeping the dissolved organic matter released by these jellyfish inside the water column food web , but they can also wreak havoc on coastal ecosystems .
Jellyfish play an important role in many marine ecosystems .
Researchers studied their dependent microbial populations in a new study released Thursday in the journal Frontiers in Microbiology .
They ’ re seeking to better understand the bacterial response to these jellyfish @ @ @ @ @ @ @ other nearby marine life .
“ When jellyfish blooms decay , the sinking detritus is likely to be a temporary but significant source of food for marine microorganisms , ” said Tinkara Tinta , researcher at the Marine Biology Station Piran in Slovenia , and lead author of the study , in a statement .
“ We show that organic matter leaching from decaying jellyfish is rapidly consumed by a few opportunistic fast-growing bacteria that in turn will provide food for other marine animals in the water column.
” Jellyfish , which themselves @ @ @ @ @ @ @ larvae , can bloom and decay over a relatively short time frame .
By consuming what these jellyfish blooms leave behind , the bacteria are actively recycling leftover organic matter and making it available to the next generation .
Without their services , that organic matter could slowly leech out of the local ecosystem , potentially resulting in local population decline further up the food chain .
Researchers collected 27 dying jellyfish specimens in the Gulf of Trieste , in the northern Adriatic Sea , during a bloom in the spring of 2008 @ @ @ @ @ @ @ overall condition , state of decay and activity levels before transporting them to the laboratory via first-class accommodations in a Ziplock bag .
Not long after their arrival , the jellyfish were freeze dried for a week , weighed , then pooled and pulverized with a mortar and pestle , at which point the homogenized mass becomes known as “ dry jellyfish material.
” The reason for freeze drying them is to avoid biases stemming from variations in size among individuals .
The researchers dissolved this jellyfish material in vials of artificial sea @ @ @ @ @ @ @ to kickstart growth , while comparing with vials of plain sea water as a control .
“ We identified a small number of key microbes that consumed the jellyfish detritus very quickly , rapidly multiplying in the process .
Temporarily , these bacteria will form an important component of the water column food web , feeding plankton that are then consumed by larger marine animals .
These findings also imply the amount of food reaching the seafloor , the organic material from jellyfish detritus , is effectively reduced by just a few strains @ @ @ @ @ @ @ ” Tinta said .
As it turns out , increasing numbers of jellyfish blooms across the globe have also proven problematic .
Likely fueled in part by warmer waters brought on by climate change , these blooms can take a toll on critical infrastructure nearby and cause headaches back on land .
They can also raise concentrations of inorganic nutrients which may lead to undesirable phytoplankton blooms in coastal waters , especially throughout temperate waters during late spring and summer .
“ Large jellyfish blooms block cooling intakes of coastal power and desalinization @ @ @ @ @ @ @ and cause damage to the tourism , fishing and aquaculture industries , ” said Gerhard Herndl , co-author of the study , and a professor at the University of Vienna in Austria .
“ It is therefore important to fully understand the role and impact of these blooms on the marine ecosystem .
To date , very few studies have examined the link between jellyfish detritus and its most probable consumers and degraders , marine microorganisms .
”

Scientists have found that a handful of marine bacteria strains are being fueled largely by decaying jellyfish blooms. These bacteria function like an oceanic clean-up crew, keeping the dissolved organic matter released by these jellyfish inside the water column food web, but they can also wreak havoc on coastal ecosystems.
(CN) — Scientists have found that a handful of marine bacteria strains are being fueled largely by decaying jellyfish blooms. These bacteria function like an oceanic clean-up crew, keeping the dissolved organic matter released by these jellyfish inside the water column food web, but they can also wreak havoc on coastal ecosystems.
Jellyfish play an important role in many marine ecosystems. Researchers studied their dependent microbial populations in a new study released Thursday in the journal Frontiers in Microbiology. They’re seeking to better understand the bacterial response to these jellyfish blooms, and the resulting effects on other nearby marine life.
"When jellyfish blooms decay, the sinking detritus is likely to be a temporary but significant source of food for marine microorganisms," said Tinkara Tinta, researcher at the Marine Biology Station Piran in Slovenia, and lead author of the study, in a statement. "We show that organic matter leaching from decaying jellyfish is rapidly consumed by a few opportunistic fast-growing bacteria that in turn will provide food for other marine animals in the water column."
Jellyfish, which themselves feed on phytoplankton, zooplankton and fish larvae, can bloom and decay over a relatively short time frame. By consuming what these jellyfish blooms leave behind, the bacteria are actively recycling leftover organic matter and making it available to the next generation.
Without their services, that organic matter could slowly leech out of the local ecosystem, potentially resulting in local population decline further up the food chain.
Researchers collected 27 dying jellyfish specimens in the Gulf of Trieste, in the northern Adriatic Sea, during a bloom in the spring of 2018. They evaluated each specimen’s overall condition, state of decay and activity levels before transporting them to the laboratory via first-class accommodations in a Ziplock bag.
Not long after their arrival, the jellyfish were freeze-dried for a week, weighed, then pooled and pulverized with a mortar and pestle to preserve their biochemical properties and to obtain homogenous “dry jellyfish material," avoiding biases stemming from variations in size among individuals.
The researchers dissolved this jellyfish material in vials of artificial sea water containing ambient bacterial community, and mixed in bacterial inoculum to kickstart growth, while comparing with bottles of plain sea water as a control.
"We identified a small number of key microbes that consumed the jellyfish detritus very quickly, rapidly multiplying in the process. Temporarily, these bacteria will form an important component of the water column food web, feeding plankton that are then consumed by larger marine animals. These findings also imply the amount of food reaching the seafloor, the organic material from jellyfish detritus, is effectively reduced by just a few strains of bacteria in the water column," Tinta said.
As it turns out, increasing numbers of jellyfish blooms across the globe have also proven problematic. Likely fueled in part by warmer waters brought on by climate change, these blooms can take a toll on critical infrastructure nearby and cause headaches back on land.
They can also raise concentrations of inorganic nutrients which may lead to undesirable phytoplankton blooms in coastal waters, especially throughout temperate waters during late spring and summer.
"Large jellyfish blooms block cooling intakes of coastal power and desalinization plants, interfere with ship operations, and cause damage to the tourism, fishing and aquaculture industries," said Gerhard Herndl, co-author of the study, and a professor at the University of Vienna in Austria. "It is therefore important to fully understand the role and impact of these blooms on the marine ecosystem. To date, very few studies have examined the link between jellyfish detritus and its most probable consumers and degraders, marine microorganisms."


Fair Report

CARSON CITY , Nev. — The Nevada Supreme Court ruled that a lower court improperly applied a “ fair report @ @ @ @ @ case brought by casino tycoon Steve Wynn against the Associated Press over its reporting on @ @ @ @ @ .

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.


Nightclubs

INDIANAPOLIS — A group of nightclubs failed to convince an appeals court in Indiana that a Covid-19-related ordinance in Fort @ @ @ @ @ semi-nude ” employees at sexually-oriented businesses to stay six feet away from all patrons , @ @ @ @ @ free speech .


courthousenews--2020-10-30--Apple Dodges iPhone Radiation Class Action Suit

( CN ) — A federal judge Thursday nixed a class action claiming Apple failed to warn consumers about dangerous radiation from iPhones , finding it has twice demonstrated that its smartphones comply with the Federal Communications Commission ’ s radiation exposure limits .
Impelled by a Chicago Tribune article indicting iPhone and Galaxy smartphones for surpassing federal safety limits , lead plaintiff Andrew Cohen sued cellphone makers Apple and Samsung in August 2019 .
Samsung was voluntarily dismissed as a defendant in the case in January .
The plaintiffs commissioned their own independent tests in 2019 and cited tests @ @ @ @ @ @ @ 2017 and French National Frequencies Agency in 2018 , all of which found radiofrequency radiation exposure from iPhones exceeded federal safety limits .
In response to the Tribune ’ s investigation , the FCC ’ s lab tested commercially-available iPhones as well as a model iPhone at separation distances of five millimeters , pursuant to federal guidelines , finding they fell well within the safety limits .
It published the results of those tests in December 2019 .
U.S. District Judge William Alsup sided with Apple in a ruling issued late Thursday , @ @ @ @ @ @ @ the Federal Communications Act of 1934 to enact uniform regulations for wireless radio communications devices and any related emissions .
“ If successful , plaintiffs ’ claims could set the stage for a patchwork of state-required testing procedures , increasing the burden on manufacturers and thereby upsetting the efficiency that the uniform standards and testing procedures provide , ” Alsup wrote .
Alsup also found a jury trial unnecessary , as the FCC ’ s lab tests indicated that Apple ’ s smartphones meet its RF exposure standards .
“ The Lab found @ @ @ @ @ @ @ standards .
Apple ’ s iPhones have thus demonstrated compliance with its exposure limits not once but twice , ” Alsup wrote .
“ Allowing a federal jury to now second-guess the agency determinations would interfere with the balance struck in the equipment-authorization program .
The federal regulations must displace plaintiffs ’ claims.
” Attorneys for Apple and the class did not immediately respond to emails seeking comment Thursday evening .
The ruling follows a judgment in favor of a wireless industry trade group rendered by U.S. District Judge Edward Chen earlier this @ @ @ @ @ @ @ Telephone Industries Association had challenged the city of Berkeley ’ s ordinance requiring cellphone retailers to provide guidance on avoiding radio-frequency exposure .
Chen agreed that the FCC ’ s regulatory actions on radio frequency emissions preempt the local law .

A federal judge Thursday nixed a class action claiming Apple failed to warn consumers about dangerous radiation from iPhones, finding it has twice demonstrated that its smartphones comply with the Federal Communications Commission’s radiation exposure limits.
(CN) — A federal judge Thursday nixed a class action claiming Apple failed to warn consumers about dangerous radiation from iPhones, finding it has twice demonstrated that its smartphones comply with the Federal Communications Commission’s radiation exposure limits.
Impelled by a Chicago Tribune article indicting iPhone and Galaxy smartphones for surpassing federal safety limits, lead plaintiff Andrew Cohen sued cellphone makers Apple and Samsung in August 2019. Samsung was voluntarily dismissed as a defendant in the case in January.
The plaintiffs commissioned their own independent tests in 2019 and cited tests conducted by the Canadian Broadcasting Company in 2017 and French National Frequencies Agency in 2018, all of which found radiofrequency radiation exposure from iPhones exceeded federal safety limits.
In response to the Tribune’s investigation, the FCC’s lab tested commercially-available iPhones as well as a model iPhone at separation distances of five millimeters, pursuant to federal guidelines, finding they fell well within the safety limits. It published the results of those tests in December 2019.
U.S. District Judge William Alsup sided with Apple in a ruling issued late Thursday, since the FCC has broad authority under the Federal Communications Act of 1934 to enact uniform regulations for wireless radio communications devices and any related emissions.
"If successful, plaintiffs’ claims could set the stage for a patchwork of state-required testing procedures, increasing the burden on manufacturers and thereby upsetting the efficiency that the uniform standards and testing procedures provide,” Alsup wrote.
Alsup also found a jury trial unnecessary, as the FCC’s lab tests indicated that Apple’s smartphones meet its RF exposure standards.
“The Lab found no evidence of violations of the technical standards. Apple’s iPhones have thus demonstrated compliance with its exposure limits not once but twice,” Alsup wrote. “Allowing a federal jury to now second-guess the agency determinations would interfere with the balance struck in the equipment-authorization program. The federal regulations must displace plaintiffs’ claims.”
Attorneys for Apple and the class did not immediately respond to emails seeking comment Thursday evening.
The ruling follows a judgment in favor of a wireless industry trade group rendered by U.S. District Judge Edward Chen earlier this year on similar grounds.
The Cellular Telephone Industries Association had challenged the city of Berkeley’s ordinance requiring cellphone retailers to provide guidance on avoiding radio-frequency exposure. Chen agreed that the FCC’s regulatory actions on radio frequency emissions preempt the local law.


Absentee Ballots

MADISON , Wis. — The Wisconsin Supreme Court declined to offer guidance to two counties concerned about counting and reporting @ @ @ @ @ because of an absentee ballot printing error , which affected 13,500 ballots .


Social Media

SAN FRANCISCO — A federal court in California denied voter education and registration groups ’ request to block President Donald @ @ @ @ @ directing federal agencies to combat “ allegedly biased content management ” by social media platforms @ @ @ @ @


Scammed

SANTA ANA , Calif. — In a case described as a “ jungle novelist Tom Clancy would have been proud @ @ @ @ @ appeals court set aside a default judgment against a small TV network whose assets were @ @ @ @ @ loan taken out by a large shareholder and his friend — a former congressman — @ @ @ @ @ an overseas business opportunity in Ghana , which turned out to be a scam .


courthousenews--2020-10-30--Eighth Circuit Rules Mail-In Ballots in Minnesota Must Be Received by Election Day

( CN ) — In a late Thursday decision , the Eighth Circuit ruled that mailed-in ballots in Minnesota have to be in by Election Day or will go uncounted , striking down state election officials ’ plan to accept ballots up to a week after .
The ruling is the result of one of several Republican lawsuits across the country seeking to limit expanded voting rights amid the coronavirus pandemic .
The 3-judge panel ruled 2-1 to grant an injunction to the Republican Party ’ s Electoral College nominees in their challenge to the state ’ s rule change @ @ @ @ @ @ @ , a George W. Bush appointee , and L. Steven Grasz , a Donald Trump appointee , wrote that Minnesota Secretary of State Steve Simon overstepped his bounds with the rule change .
“ The Secretary ’ s instructions to count mail-in ballots received up to seven days after Election Day stand in direct contradiction to Minnesota election law governing presidential elections , ” the ruling said .
“ However well-intentioned and appropriate from a policy perspective in the context of a pandemic during a presidential election , it is not the province @ @ @ @ @ @ @ the state ’ s election code , at least as it pertains to selection of presidential electors , ” the judges added .
The panel asks a federal court to order state officials to set aside late ballots and be “ removed from vote totals in the event a final order is entered.
” The decision comes one day after the U.S. Supreme Court declined to address similar cases stemming from North Carolina and Pennsylvania .
Simon said the appellate court ’ s decision “ is a tremendous and unnecessary disruption to Minnesota @ @ @ @ @ @ @ Election Day.
” “ This last-minute change could disenfranchise Minnesotans who were relying on settled rules for the 2020 election — rules that were in place before the August 11 primary and were accepted by all political parties , ” he said in a statement .
“ I won ’ t let any Minnesota voter be silenced .
My mission is now to make sure all voters know that a federal court has suddenly changed the rules , and that their ballot needs to be received by Election Day.
” In a scorching @ @ @ @ @ @ @ Kelly , a Barack Obama appointee , said the order harms Minnesotans .
“ Any absentee voter who has not yet returned their ballot , and who is anxious about doing so in person because of COVID-19 , especially given Minnesota ’ s rising case numbers , runs the substantial risk of being disenfranchised , ” she wrote .
“ The court ’ s injunctive relief will cause voter confusion and undermine Minnesotans ’ confidence in the election process… as well as causing potential harm for voters , ” she added .
In @ @ @ @ @ @ @ the challenges the state faced in light of the ruling .
“ The consequences of this order are not lost on us , ” the opinion stated .
“ With that said , we conclude the challenges that will stem from this ruling are preferable to a postelection scenario where mail-in votes , received after the statutory deadline , are either intermingled with ballots received on time or invalidated without prior warning.
” Jennifer Carnahan , chair of the Minnesota Republican Party , praised the court ’ s decision .
“ We applaud @ @ @ @ @ @ @ upholding the integrity of the election and affirming Election Day as November 3rd .
The pandemic has caused upheaval in many areas of life but hiding behind the pandemic to manipulate the election process is not democratic , and we appreciate that our laws and interpretation of those laws matter , ” she said in a statement .
The chair of Minnesota ’ s Democratic Party , Ken Martin , called the ruling “ an attack on democracy brought about by a Republican Party desperate to stifle the voices of Minnesotans across our @ @ @ @ @ @ @ opinion will toss out the rules that have been in place since before voting began in September , ” he said in a statement .
“ Now , with just five days before election day , and Republicans surely heading for defeat at the polls , the Republican Party is responsible for potentially disenfranchising thousands of Minnesotans who were prepared to vote by mail in the coming days.
” Recent polling has Joe Biden leading President Donald Trump in the state .
As of last week , 578,805 absentee ballots had not been @ @

In a late Thursday decision, the Eighth Circuit ruled that mailed-in ballots in Minnesota have to be in by Election Day or will go uncounted, striking down state election officials’ plan to accept ballots up to a week after.
(CN) — In a late Thursday decision, the Eighth Circuit ruled that mailed-in ballots in Minnesota have to be in by Election Day or will go uncounted, striking down state election officials’ plan to accept ballots up to a week after.
The ruling is the result of one of several Republican lawsuits across the country seeking to limit expanded voting rights amid the coronavirus pandemic.
The 3-judge panel ruled 2-1 to grant an injunction to the Republican Party’s Electoral College nominees in their challenge to the state’s rule change.
U.S. Circuit Judges Bobby Shepherd, a George W. Bush appointee, and L. Steven Grasz, a Donald Trump appointee, wrote that Minnesota Secretary of State Steve Simon overstepped his bounds with the rule change.
“The Secretary’s instructions to count mail-in ballots received up to seven days after Election Day stand in direct contradiction to Minnesota election law governing presidential elections,” the ruling said.
“However well-intentioned and appropriate from a policy perspective in the context of a pandemic during a presidential election, it is not the province of a state executive official to re-write the state’s election code, at least as it pertains to selection of presidential electors,” the judges added.
The panel asks a federal court to order state officials to set aside late ballots and be “removed from vote totals in the event a final order is entered.”
The decision comes one day after the U.S. Supreme Court declined to address similar cases stemming from North Carolina and Pennsylvania.
Simon said the appellate court’s decision “is a tremendous and unnecessary disruption to Minnesota’s election, just days before Election Day.”
“This last-minute change could disenfranchise Minnesotans who were relying on settled rules for the 2020 election — rules that were in place before the August 11 primary and were accepted by all political parties,” he said in a statement. “I won’t let any Minnesota voter be silenced. My mission is now to make sure all voters know that a federal court has suddenly changed the rules, and that their ballot needs to be received by Election Day.”
In a scorching dissent, U.S. Circuit Judge Jane Kelly, a Barack Obama appointee, said the order harms Minnesotans.
“Any absentee voter who has not yet returned their ballot, and who is anxious about doing so in person because of COVID-19, especially given Minnesota’s rising case numbers, runs the substantial risk of being disenfranchised,” she wrote.
“The court’s injunctive relief will cause voter confusion and undermine Minnesotans’ confidence in the election process... as well as causing potential harm for voters,” she added.
In the majority opinion, the judges noted the challenges the state faced in light of the ruling.
"The consequences of this order are not lost on us," the opinion stated. "With that said, we conclude the challenges that will stem from this ruling are preferable to a postelection scenario where mail-in votes, received after the statutory deadline, are either intermingled with ballots received on time or invalidated without prior warning."
Jennifer Carnahan, chair of the Minnesota Republican Party, praised the court’s decision.
"We applaud the Eighth Circuit Court of Appeals for upholding the integrity of the election and affirming Election Day as November 3rd. The pandemic has caused upheaval in many areas of life but hiding behind the pandemic to manipulate the election process is not democratic, and we appreciate that our laws and interpretation of those laws matter,” she said in a statement.
The chair of Minnesota’s Democratic Party, Ken Martin, called the ruling “an attack on democracy brought about by a Republican Party desperate to stifle the voices of Minnesotans across our state.”
“This absurd and misguided opinion will toss out the rules that have been in place since before voting began in September,” he said in a statement. “Now, with just five days before election day, and Republicans surely heading for defeat at the polls, the Republican Party is responsible for potentially disenfranchising thousands of Minnesotans who were prepared to vote by mail in the coming days.”
Recent polling has Joe Biden leading President Donald Trump in the state. As of last week, 578,805 absentee ballots had not been returned.


Arrestee Voting

VENTURA , Calif. — An arrestee detained at the Ventura County Jail claims jailers are denying him and other inmates @ @ @ @ @ refusing their requests for ballots , even though they either have not yet been convicted @ @ @ @ @ only been convicted of misdemeanors and are still permitted to vote .


Student Speech

NEW YORK — The Second Circuit upheld the dismissal of a college student ’ s First Amendment suit against his @ @ @ @ @ removal of his blog post from a class message board .
The post , which @ @ @ @ @ removed for “ legitimate pedagogical concerns .
”


Online Banking

SAN FRANCISCO — A federal court in California preliminarily approved a class action settlement with online-only bank Chime for freezing @ @ @ @ @ bank accounts during a system-wide service outage for three days .


Business Losses

SAN FRANCISCO — A federal court in California dismissed a class action brought by small businesses who claim California Capital @ @ @ @ @ claims for Covid-19-related losses .
The insurance policy has a pathogenic organisms exclusion that bars @ @ @


courthousenews--2020-10-30--California Courts Covid Update

California Courts Covid Update

Oct. 29 , 2020 : Court is closed due to Covid cases , and reopening date is unknown , according @ @ @ @ @ Plumas Oct. 30 , 2020 : Uniform filing deadline for Family Law ex parte applications @ @


courthousenews--2020-10-30--Judge Orders Rittenhouse Extradited to Wisconsin

WAUKEGAN , Ill. ( CN ) — An Illinois judge on Friday ordered a 17-year-old accused of killing two and wounding a third during August protests in Kenosha , Wisconsin , to be extradited back to the Badger State where he faces multiple homicide charges .
Kyle Rittenhouse is accused of carrying an AR-15 across state lines from his home in Antioch , Illinois , and shooting three people in Kenosha just before midnight on Aug. 25 during protests that had been raging for two days after bystander-recorded footage showed white Kenosha police officers shooting Jacob Blake , a Black @ @ @ @ @ @ @ to a reported domestic incident .
No charges have yet been brought against the officers involved in Blake ’ s shooting by Kenosha County District Attorney Michael Graveley .
The Wisconsin Department of Justice ’ s Division of Criminal Investigation has been heading an investigation into the shooting .
As of the latest Wisconsin DOJ update on the investigation from late September , the investigation was in its final stages and the investigative file was soon to be turned over to retired Madison Police Chief Noble Wray , who will provide analysis of @ @ @ @ @ @ @ of whether to charge the officers involved is Graveley ’ s .
After multiple cars and businesses were set ablaze during the violent unrest in late August , Rittenhouse reportedly joined the fray as a self-style vigilante to protect life and liberty .
Joseph Rosenbaum , 36 , and Anthony Huber , 26 , were killed in the protests while 26-year-old Gaige Grosskreutz was shot in the arm .
All three had been demonstrating against Blake ’ s shooting .
Rittenhouse is charged in Kenosha County Circuit Court with five felonies in connection @ @ @ @ @ @ @ intentional homicide and first-degree reckless homicide , as well as a misdemeanor charge for possession of a dangerous weapon by a minor under Wisconsin statutes .
Friday afternoon ’ s ruling from Judge Paul Novak of Illinois ’ 19th Judicial Circuit Court came on the heels of a hearing at the Lake County Courthouse in Waukegan Friday morning , where Rittenhouse ’ s lawyers sought to block his extradition due to “ fatal defects ” in his extradition papers and the parties needled over the technicalities of extradition law .
The 17-year-old ’ @ @ @ @ @ @ @ Friday morning , including Rittenhouse ’ s mother , but ultimately decided against it .
Lake County Assistant State ’ s Attorney Stephen Scheller put forth during Friday morning ’ s arguments that the law unambiguously requires Rittenhouse ’ s extradition , arguing that blocking his extradition would amount to saying that criminals can simply step over state lines to claim sanctuary .
Both Wisconsin Governor Tony Evers and Illinois Governor J.B. Pritzker have issued warrants for the teenager ’ s extradition .
Rittenhouse ’ s team of prominent lawyers have dubbed the @ @ @ @ @ @ @ ” and his case has become a cause célèbre for some in the nation ’ s conservative set , including touch-and-go defenses from President Donald Trump .
One of Rittenhouse ’ s attorneys is L. Lin Wood , an Atlanta-based lawyer specializing in libel and defamation who first entered the national spotlight representing Richard Jewell , a security guard falsely suspected of carrying out a pipe bombing at Centennial Olympic Park in Atlanta in 1996 .
Wood also recently helped represent Nick Sandmann , one of several Kentucky high school students and Trump @ @ @ @ @ @ @ over media portrayal of a viral standoff between them and Native American leaders at the March for Life rally in Washington , D.C. last year .
John Pierce , a partner with the Los Angeles-based firm Pierce Bainbridge , is also on Rittenhouse ’ s team and appeared at Friday morning ’ s hearing .
His firm has represented the likes of former Trump adviser Carter Page and Trump ’ s personal attorney Rudy Giuliani .
Wood is the CEO of the # FightBack Foundation , a right-leaning legal defense outfit whose website @ @ @ @ @ @ @ forgotten America ” against intimidation and smears from radical left mobs which has raised more than $ 2 million for Rittenhouse ’ s defense fund .
Pierce also formerly served on the organization ’ s board but has since stepped down .
Wood tweeted early Friday afternoon that any adverse ruling in Rittenhouse ’ s extradition case will be immediately appealed .
It was not readily clear based on Friday ’ s ruling what the timeline will be for Rittenhouse to be brought back to Kenosha to face his charges .

An Illinois judge on Friday ordered a 17-year-old accused of killing two and wounding a third during August protests in Kenosha, Wisconsin, to be extradited back to the Badger State where he faces multiple homicide charges.
WAUKEGAN, Ill. (CN) — An Illinois judge on Friday ordered a 17-year-old accused of killing two and wounding a third during August protests in Kenosha, Wisconsin, to be extradited back to the Badger State where he faces multiple homicide charges.
Kyle Rittenhouse is accused of carrying an AR-15 across state lines from his home in Antioch, Illinois, and shooting three people in Kenosha just before midnight on Aug. 25 during protests that had been raging for two days after bystander-recorded footage showed white Kenosha police officers shooting Jacob Blake, a Black man, in the back while responding to a reported domestic incident.
No charges have yet been brought against the officers involved in Blake’s shooting by Kenosha County District Attorney Michael Graveley. The Wisconsin Department of Justice’s Division of Criminal Investigation has been heading an investigation into the shooting.
As of the latest Wisconsin DOJ update on the investigation from late September, the investigation was in its final stages and the investigative file was soon to be turned over to retired Madison Police Chief Noble Wray, who will provide analysis of the incident to Graveley. The decision of whether to charge the officers involved is Graveley’s.
After multiple cars and businesses were set ablaze during the violent unrest in late August, Rittenhouse reportedly joined the fray as a self-style vigilante to protect life and liberty.
Joseph Rosenbaum, 36, and Anthony Huber, 26, were killed in the protests while 26-year-old Gaige Grosskreutz was shot in the arm. All three had been demonstrating against Blake’s shooting.
Rittenhouse is charged in Kenosha County Circuit Court with five felonies in connection to the protest shooting, including first-degree intentional homicide and first-degree reckless homicide, as well as a misdemeanor charge for possession of a dangerous weapon by a minor under Wisconsin statutes.
Friday afternoon’s ruling from Judge Paul Novak of Illinois’ 19th Judicial Circuit Court came on the heels of a hearing at the Lake County Courthouse in Waukegan Friday morning, where Rittenhouse’s lawyers sought to block his extradition due to “fatal defects” in his extradition papers and the parties needled over the technicalities of extradition law.
The 17-year-old’s lawyers originally planned to call witnesses Friday morning, including Rittenhouse’s mother, but ultimately decided against it.
Lake County Assistant State’s Attorney Stephen Scheller put forth during Friday morning’s arguments that the law unambiguously requires Rittenhouse’s extradition, arguing that blocking his extradition would amount to saying that criminals can simply step over state lines to claim sanctuary.
Both Wisconsin Governor Tony Evers and Illinois Governor J.B. Pritzker have issued warrants for the teenager’s extradition.
Rittenhouse’s team of prominent lawyers have dubbed the charges against him a “political prosecution” and his case has become a cause célèbre for some in the nation’s conservative set, including touch-and-go defenses from President Donald Trump.
One of Rittenhouse’s attorneys is L. Lin Wood, an Atlanta-based lawyer specializing in libel and defamation who first entered the national spotlight representing Richard Jewell, a security guard falsely suspected of carrying out a pipe bombing at Centennial Olympic Park in Atlanta in 1996.
Wood also recently helped represent Nick Sandmann, one of several Kentucky high school students and Trump supporters who brought a number of lawsuits over media portrayal of a viral standoff between them and Native American leaders at the March for Life rally in Washington, D.C. last year.
John Pierce, a partner with the Los Angeles-based firm Pierce Bainbridge, is also on Rittenhouse’s team and appeared at Friday morning’s hearing. His firm has represented the likes of former Trump adviser Carter Page and Trump’s personal attorney Rudy Giuliani.
Wood is the CEO of the #FightBack Foundation, a right-leaning legal defense outfit whose website states they “fight back for the forgotten America” against intimidation and smears from radical left mobs which has raised more than $2 million for Rittenhouse’s defense fund. Pierce also formerly served on the organization’s board but has since stepped down.
Wood tweeted early Friday afternoon that any adverse ruling in Rittenhouse’s extradition case will be immediately appealed.
It was not readily clear based on Friday’s ruling what the timeline will be for Rittenhouse to be brought back to Kenosha to face his charges.


Top Eight

Your Friday night briefing from the staff of Courthouse News Top eight CNS stories for today including Wall Street slid further on persisting fears of a rocky presidential election and a worsening pandemic ; The judge tasked with deciding the extradition of Huawei ’ s CFO to the United States handed the telecom executive a partial victory ; A record 22 million Californians have signed up to vote in the general election , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your inbox Monday through @ @ @ @ @ @ @ worst week in more than six months , Wall Street slid further Friday on persisting fears of a rocky presidential election and a worsening pandemic .
2 . )
President Donald Trump visited Michigan on Friday for a campaign rally just four days before the election and as the state sees Covid-19 cases spiral upwards to the highest numbers since the pandemic began .
3 . )
Days out from a presidential election turned on its head by the coronavirus pandemic , a federal judge in Washington is closely tracking to make sure @ @ @ @ @ @ @ order to deliver mail-in ballots without delay .
4 . )
Judging America ’ s response to the coronavirus pandemic in economic , moral and humanitarian standards , a congressional subcommittee released a six-month assessment Friday of waste , fraud and abuse , calling the Trump administration ’ s response to date “ among the worst failures of leadership in American history.
” 5 . )
Buoyed by a 2.6 million-person increase in registered voters compared to a similar point in the 2016 election , California officials announced Friday a record 22 million @ @ @ @ @ @ @ the general election .
6 . )
Finding nothing ambiguous about New York ’ s postmark deadline for registering to vote , a federal judge snuffed out a lawsuit Friday from a dozen people living in Israel who thought emailing their applications allowed more time .
7 . )
The judge tasked with deciding the extradition of Huawei CFO Meng Wanzhou to the United States handed the telecom executive a partial victory , finding an “ air of reality ” to her allegations of abuse of process by the U.S. in certifying the @ @ @ @ @ @ @ The World Health Organization on Friday urged pandemic-fatigued nations to not give up trying to contain the novel coronavirus and warned about the long-term health effects of infection , a condition known as “ long Covid .
”

Top eight CNS stories for today including Wall Street slid further on persisting fears of a rocky presidential election and a worsening pandemic; The judge tasked with deciding the extradition of Huawei’s CFO to the United States handed the telecom executive a partial victory; A record 22 million Californians have signed up to vote in the general election, and more.
Your Friday night briefing from the staff of Courthouse News
Top eight CNS stories for today including Wall Street slid further on persisting fears of a rocky presidential election and a worsening pandemic; The judge tasked with deciding the extradition of Huawei’s CFO to the United States handed the telecom executive a partial victory; A record 22 million Californians have signed up to vote in the general election, and more.
Sign up for the CNS Top Eight, a roundup of the day’s top stories delivered directly to your inbox Monday through Friday.
National
1.) Posting its worst week in more than six months, Wall Street slid further Friday on persisting fears of a rocky presidential election and a worsening pandemic.
Pedestrians pass the New York Stock Exchange, Friday, Oct. 2, 2020, in New York. Stocks are pulling lower Friday, as Wall Street's first reaction to President Donald Trump's testing positive for the coronavirus was to retrench. (AP Photo/John Minchillo)
2.) President Donald Trump visited Michigan on Friday for a campaign rally just four days before the election and as the state sees Covid-19 cases spiral upwards to the highest numbers since the pandemic began.
President Donald Trump speaks at a campaign rally at Oakland County International Airport, Friday, Oct. 30, 2020, at Waterford Township, Mich. (AP Photo/Alex Brandon)
3.) Days out from a presidential election turned on its head by the coronavirus pandemic, a federal judge in Washington is closely tracking to make sure the United States Postal Service follows his order to deliver mail-in ballots without delay.
Box of absentee ballots waiting to be counted at the Albany County Board of Elections, Tuesday, June 30, 2020, in Albany, N.Y. (AP Photo/Hans Pennink)
4.) Judging America’s response to the coronavirus pandemic in economic, moral and humanitarian standards, a congressional subcommittee released a six-month assessment Friday of waste, fraud and abuse, calling the Trump administration’s response to date “among the worst failures of leadership in American history.”
President Donald Trump reacts after hanging up a phone call with the leaders of Sudan and Israel, as Treasury Secretary Steven Mnuchin, second from left, Secretary of State Mike Pompeo, White House senior adviser Jared Kushner, National Security Adviser Robert O'Brien, and others applaud in the Oval Office of the White House, Friday, Oct. 23, 2020, in Washington. (AP Photo/Alex Brandon)
Regional
5.) Buoyed by a 2.6 million-person increase in registered voters compared to a similar point in the 2016 election, California officials announced Friday a record 22 million people have signed up to vote in the general election.
California Secretary of State Alex Padilla said in a press conference on Oct. 5, 2020, that early voting for the upcoming general election is underway and voters can safely vote by mail or in person. (Courthouse News photo / Martin Macias Jr.)
6.) Finding nothing ambiguous about New York’s postmark deadline for registering to vote, a federal judge snuffed out a lawsuit Friday from a dozen people living in Israel who thought emailing their applications allowed more time.
Voters line up in front of the Yonkers Public Library in Yonkers, N.Y., on Oct. 24, 2020 as the first day of early voting in the presidential election begins across New York state. (Mark Vergari/The Journal News via AP)
International
7.) The judge tasked with deciding the extradition of Huawei CFO Meng Wanzhou to the United States handed the telecom executive a partial victory, finding an “air of reality” to her allegations of abuse of process by the U.S. in certifying the case against her.
Huawei CFO Meng Wanzhou leaves the British Columbia Supreme Court following a Sept. 30, 2020, hearing on motions in the U.S. extradition case against her. (Courthouse News photo / Darryl Greer)
8.) The World Health Organization on Friday urged pandemic-fatigued nations to not give up trying to contain the novel coronavirus and warned about the long-term health effects of infection, a condition known as “long Covid.”


Excessive Force

DALLAS — A federal court in Texas ruled that excessive force and fabrication of evidence claims may continue against two @ @ @ @ @ without warning , an armed juvenile who had a gun to his own head .
@ @ @ @ @ multiple times and , as an “ involuntary reflex to being shot , ” the @ @ @ @ @ his own gun , shooting himself in the temple .


Receipts

ATLANTA — A customer who used his credit card at a Godiva store lacked standing to bring a class action @ @ @ @ @ he failed to allege that the store ’ s statutory violation of printing too many @ @ @ @ @ caused him direct harm , the Eleventh Circuit ruled .