Railroad Crossing

OKLAHOMA CITY — Oklahoma ’ s “ Blocked Crossing Statute , ” which limits the amount of time that a @ @ @ @ @ a railroad intersection with a highway or street , is “ facially unconstitutional , ” @ @ @ @ @ state ruled , finding that it is preempted by the Interstate Commerce Commission Termination Act @


courthousenews--2020-12-02--LA County Set a New Daily Covid Record: 7,600 Cases

LOS ANGELES ( CN ) — Los Angeles County saw nearly 7,600 Covid-19 infections Tuesday — the highest number of new cases reported in a single day — and a record number of people hospitalized with the virus .
The news comes as state leaders mull over new lockdown measures aimed at stemming viral transmission .
The LA County Department of Public Health reported 7,593 people tested positive for SARS-CoV-2 , the novel coronavirus that causes Covid-19 .
The figure eclipses the previous high of 6,124 cases reported Nov. 23 .
LA County Director of Public Health Barbara Ferrer said @ @ @ @ @ @ @ total shows the virus is spreading more rapidly than ever before but that the situation will likely worsen in days to come without immediate action .
“ Today , Tuesday , Dec. 1 , 2020 , is the worst day thus far of the Covid-19 pandemic in Los Angeles County .
However , it will likely not remain the worst day of the pandemic in Los Angeles County , ” Ferrer said .
“ That will be tomorrow , and the next day and the next as cases , hospitalizations and deaths increase.
@ @ @ @ @ @ @ rate of viral spread has surpassed what was seen in July , when a huge wave of infections triggered a tightening of lockdown measures .
California Governor Gavin Newsom said in a virtual briefing Monday both the wave of new infections and a record number of patients hospitalized with Covid-19 signal the state ’ s health care system could be overwhelmed by Christmas .
The state ’ s rolling daily average of new cases has spiked to a record 14,600 , shattering the previous high of 9,800 set during the summer surge .
@ @ @ @ @ @ @ % over the last two weeks .
California Health and Human Services chief Mark Ghaly said in the briefing the figures don ’ t yet reflect cases originating from Thanksgiving gatherings and that a percentage of those eventual infections will impact hospitals in the coming weeks .
State health officials forecast hospitalizations will double or triple in the wake of Thanksgiving celebrations .
Newsom acknowledged Monday his administration is considering stay-at-home orders for the over 50 counties currently in the most restrictive tier of the state ’ s reopening framework .
The counties @ @ @ @ @ @ @ ’ s population .
California became the first state to implement a statewide lockdown at the beginning of the pandemic , requiring residents to stay indoors except for exercise and essential employment .
LA County leaders implemented a stay-at-home order Monday that bans most outdoor gatherings and limits how many customers businesses can serve in person .
The orders come after the county recorded over 100,000 new coronavirus cases in a single month .
On Tuesday , Ferrer offered condolences to the families and loved ones of the 46 LA County residents who @ @ @ @ @ @ @ hours .
The county has lost 7,700 people to the virus so far .
“ To the families that are mourning their loved one who has passed away from Covid-19 , we wish you healing and peace , ” Ferrer said .
Ferrer urged residents to recognize the “ huge magnitude ” of both the pandemic and the current surge in infections and to abide by public health orders to wear masks and physically distance from others .
“ This is not the time to skirt or debate the safety measures that protect @ @ @ @ @ @ @ to use every tool available to stop the surge and save lives , ” Ferrer said .

Los Angeles County saw nearly 7,600 Covid-19 infections Tuesday — the highest number of new cases reported in a single day — and a record number of people hospitalized with the virus.
LOS ANGELES (CN) — Los Angeles County saw nearly 7,600 Covid-19 infections Tuesday — the highest number of new cases reported in a single day — and a record number of people hospitalized with the virus.
The news comes as state leaders mull over new lockdown measures aimed at stemming viral transmission.
The LA County Department of Public Health reported 7,593 people tested positive for SARS-CoV-2, the novel coronavirus that causes Covid-19. The figure eclipses the previous high of 6,124 cases reported Nov. 23.
LA County Director of Public Health Barbara Ferrer said in a statement Tuesday the new infection total shows the virus is spreading more rapidly than ever before but that the situation will likely worsen in days to come without immediate action.
“Today, Tuesday, Dec. 1, 2020, is the worst day thus far of the Covid-19 pandemic in Los Angeles County. However, it will likely not remain the worst day of the pandemic in Los Angeles County,” Ferrer said. “That will be tomorrow, and the next day and the next as cases, hospitalizations and deaths increase.”
Across the Golden State, the rate of viral spread has surpassed what was seen in July, when a huge wave of infections triggered a tightening of lockdown measures.
California Governor Gavin Newsom said in a virtual briefing Monday both the wave of new infections and a record number of patients hospitalized with Covid-19 signal the state’s health care system could be overwhelmed by Christmas.
The state’s rolling daily average of new cases has spiked to a record 14,600, shattering the previous high of 9,800 set during the summer surge. Hospitalizations have also spiked statewide by 89% over the last two weeks.
California Health and Human Services chief Mark Ghaly said in the briefing the figures don’t yet reflect cases originating from Thanksgiving gatherings and that a percentage of those eventual infections will impact hospitals in the coming weeks.
State health officials forecast hospitalizations will double or triple in the wake of Thanksgiving celebrations.
Newsom acknowledged Monday his administration is considering stay-at-home orders for the over 50 counties currently in the most restrictive tier of the state’s reopening framework. The counties represent over 99% of the state’s population.
California became the first state to implement a statewide lockdown at the beginning of the pandemic, requiring residents to stay indoors except for exercise and essential employment.
LA County leaders implemented a stay-at-home order Monday that bans most outdoor gatherings and limits how many customers businesses can serve in person. The orders come after the county recorded over 100,000 new coronavirus cases in a single month.
On Tuesday, Ferrer offered condolences to the families and loved ones of the 46 LA County residents who died from Covid-19 in the last 24 hours. The county has lost 7,700 people to the virus so far.
“To the families that are mourning their loved one who has passed away from Covid-19, we wish you healing and peace," Ferrer said.
Ferrer urged residents to recognize the “huge magnitude” of both the pandemic and the current surge in infections and to abide by public health orders to wear masks and physically distance from others.
“This is not the time to skirt or debate the safety measures that protect us because we need every single person to use every tool available to stop the surge and save lives,” Ferrer said.


courthousenews--2020-12-02--Feds List Key Subalpine Pine Species as Threatened

They can survive winds of 100 miles an hour and hundreds of inches of snow , but the whitebark pine is struggling against the onslaught of a European fungal disease and climate change .
( CN ) — Hike the less trodden paths in Desolation Wilderness , a patch of federally protected forest in the southwest corner of the Lake Tahoe Basin , and the only time you ’ ll see a whitebark pine is after you have achieved some serious elevation .
For instance , camping overnight at Fontanillis Lake , elevation 6,600 feet , with the intent of @ @ @ @ @ @ @ feet , and you will only get your first glimpse of the rare tree when you get to the saddle that leads to the top , about 600 feet beneath the summit .
The stunted and gnarled pine thrives in these harsh subalpine environments , where wind gusts can reach 100 miles per hour during storms and the snow accumulation is copious .
When attempting to summit the grandiose mountains of the Sierra Nevada in California , the Cascades of the Pacific Northwest or the Rocky Mountains from Wyoming north through the Canadian @ @ @ @ @ @ @ the last tree you see before emerging from the treeline .
In fact , it is the species of tree that often establishes the treeline .
And it is in trouble .
White pine blister rust , a fungal disease introduced to the forests of British Columbia from Europe , has been infecting whitebark pine trees in the American West for decades , slowly moving down through the Cascades and the Northern Sierra .
On Tuesday , the U.S .
Fish and Wildlife Service took steps to list the whitebark pine under the @ @ @ @ @ @ @ one of the most widely distributed tree species to gain endangered species protections .
The documents , slated to be published in the Federal Register on Wednesday , will designate the species as threatened but will stop short of designating certain areas of the forest as critical to the species ’ survival .
Such designations are controversial because they often limit or entirely prevent development from occurring in identified areas .
The whitebark pine is not threatened only by the rust fungus , but is thought to be susceptible to the depredations of @ @ @ @ @ @ @ and pests like the mountain pine beetle can move higher in elevation and prey upon the trees .
“ The listing means that whitebark pine is the first widely distributed tree that the federal government has clearly pegged as a climate casualty — sadly , as climate change worsens , it will not be the last , ” said Natural Resources Defense Council ’ s wildlife director Sylvia Fallon , who helped write the petition to list the tree .
The petition was first filed in 2008 .
The whitebark pine , precious @ @ @ @ @ @ @ foundation species for the subalpine ecology , providing food for grizzly bears and other wildlife species .
“ The loss of whitebark pine and its impact on grizzlies and high-elevation forests shows how tightly knit the world is , ” said Noah Greenwald of the Center for Biological Diversity .
“ If we don ’ t address the extinction crisis by protecting more places , reducing our greenhouse gas emissions and better regulating trade in plants and animals , the natural world and our way of life will unravel before our eyes.
” @ @ @ @ @ @ @ snowpack at upper elevations , a critical role in California where the snowpack contributes nearly two-thirds of the water used by homes , businesses and farms throughout the Golden State .
The tree is also crucial in precipitating recovery after fires , with many experts worried the reduction in the tree ’ s population numbers could pose an even greater threat to a landscape already chronically ravaged by wildfire .
In 2008 , the year the petition was filed , the greater Yellowstone area lost 80 % of its whitebark pine population , @ @ @ @ @ @ @ been busy trying to help the trees resist the rust fungus in particular .
During a recent hiking trip to the Eastern Sierra outside of Bishop , California , your correspondent ran into Arnaldo Ferreira , a geneticist with the U.S. Forest Service who was searching for whitebark pine outside of Mack Lake in a picturesque nook of the range .
His goal was to collect seeds from the trees that have shown resistance to the rust and then plant those seeds in areas where the whitebark pine have been beaten back .
@ @ @ @ @ @ @ combating the increase in global surface temperatures created by a changing climate will hold the key to the species ’ long-term survival .

They can survive winds of 100 miles an hour and hundreds of inches of snow, but the whitebark pine is struggling against the onslaught of a European fungal disease and climate change.
(CN) — Hike the less trodden paths in Desolation Wilderness, a patch of federally protected forest in the southwest corner of the Lake Tahoe Basin, and the only time you’ll see a whitebark pine is after you have achieved some serious elevation.
For instance, camping overnight at Fontanillis Lake, elevation 6,600 feet, with the intent of bagging Dicks Peak, towering at 9,974 feet, and you will only get your first glimpse of the rare tree when you get to the saddle that leads to the top, about 600 feet beneath the summit.
The stunted and gnarled pine thrives in these harsh subalpine environments, where wind gusts can reach 100 miles per hour during storms and the snow accumulation is copious. When attempting to summit the grandiose mountains of the Sierra Nevada in California, the Cascades of the Pacific Northwest or the Rocky Mountains from Wyoming north through the Canadian Rockies, the whitebark pine will be the last tree you see before emerging from the treeline.
In fact, it is the species of tree that often establishes the treeline. And it is in trouble.
White pine blister rust, a fungal disease introduced to the forests of British Columbia from Europe, has been infecting whitebark pine trees in the American West for decades, slowly moving down through the Cascades and the Northern Sierra.
On Tuesday, the U.S. Fish and Wildlife Service took steps to list the whitebark pine under the Endangered Species Act, making the tree one of the most widely distributed tree species to gain endangered species protections.
The documents, slated to be published in the Federal Register on Wednesday, will designate the species as threatened but will stop short of designating certain areas of the forest as critical to the species’ survival. Such designations are controversial because they often limit or entirely prevent development from occurring in identified areas.
The whitebark pine is not threatened only by the rust fungus, but is thought to be susceptible to the depredations of climate change, as average temperatures increase and pests like the mountain pine beetle can move higher in elevation and prey upon the trees.
“The listing means that whitebark pine is the first widely distributed tree that the federal government has clearly pegged as a climate casualty — sadly, as climate change worsens, it will not be the last,” said Natural Resources Defense Council’s wildlife director Sylvia Fallon, who helped write the petition to list the tree.
The petition was first filed in 2008.
The whitebark pine, precious for mountain climbers, is also a foundation species for the subalpine ecology, providing food for grizzly bears and other wildlife species.
“The loss of whitebark pine and its impact on grizzlies and high-elevation forests shows how tightly knit the world is,” said Noah Greenwald of the Center for Biological Diversity. “If we don’t address the extinction crisis by protecting more places, reducing our greenhouse gas emissions and better regulating trade in plants and animals, the natural world and our way of life will unravel before our eyes.”
The whitebark pine also helps in maintaining snowpack at upper elevations, a critical role in California where the snowpack contributes nearly two-thirds of the water used by homes, businesses and farms throughout the Golden State.
The tree is also crucial in precipitating recovery after fires, with many experts worried the reduction in the tree’s population numbers could pose an even greater threat to a landscape already chronically ravaged by wildfire.
In 2008, the year the petition was filed, the greater Yellowstone area lost 80% of its whitebark pine population, according to the NRDC.
Scientists have been busy trying to help the trees resist the rust fungus in particular.
During a recent hiking trip to the Eastern Sierra outside of Bishop, California, your correspondent ran into Arnaldo Ferreira, a geneticist with the U.S. Forest Service who was searching for whitebark pine outside of Mack Lake in a picturesque nook of the range.
His goal was to collect seeds from the trees that have shown resistance to the rust and then plant those seeds in areas where the whitebark pine have been beaten back.
Nevertheless, the reduction of pollution and combating the increase in global surface temperatures created by a changing climate will hold the key to the species’ long-term survival.


courthousenews--2020-12-02--Panel Reinstates Conviction of Ex-Penn State President in Sandusky Case

PHILADELPHIA ( CN ) — The Third Circuit on Tuesday reinstated the child endangerment conviction of Penn State ’ s former president for his failure to report suspected sexual abuse by former football coach Jerry Sandusky .
U.S. Magistrate Judge Karoline Mehalchick threw out Graham Spanier ’ s conviction last year , just one day before he was supposed to serve his two-month sentence followed by two months of house arrest .
She found his due process rights were violated by how the jury in his case was instructed .
State prosecutors appealed her decision to the Third Circuit .
@ @ @ @ @ @ @ to the Philadelphia-based appeals court in June that his client should not have been convicted on the amended 2007 version of the law , but rather the 1995 version because the alleged crimes happened in 2001 .
The amended version of the child endangerment law extends to anyone who supervises or employs people responsible for the welfare of children .
Because of this , Merenstein argued that Spanier was being charged under a version of the statute that imposed criminal liability “ against people who were not covered before 2007.
” The state @ @ @ @ @ @ @ simply clarified the law and that Spanier was prosecuted under the 1995 version .
U.S .
Circuit Judge Michael Fisher , a George W. Bush appointee writing for a unanimous three-judge panel , ruled against the ousted university president on Tuesday .
“ It is not reasonably likely that the jury convicted Spanier because he employed someone who supervised the welfare of a child—rather than because he himself supervised the welfare of a child , ” the 34-page ruling states .
Fisher also looked to the Pennsylvania Superior Court ’ s ruling that @ @ @ @ @ @ @ , saying his rights would only have been violated if there was an “ ‘ unexpected and indefensible ’ interpretation of the child endangerment statute in light of prior law ” , which Fisher says was not the case .
The panel did , however , affirm the magistrate ’ s decision that shot down Spanier ’ s arguments that his rights were violated because he was not informed about a possible exception to the statute of limitations prior to the verdict .
Fisher was joined on the panel by a fellow Bush @ @ @ @ @ @ @ Chagares , and U.S Circuit Judge David Porter , a Trump appointee .
Merenstein , with the Schnader Harrison Segal & Lewis law firm , did not respond to an email seeking comment .
Ronald Eisenberg , who represented the state at arguments , also did not respond to a request for comment .
Spanier ’ s conviction comes from his failure to report to authorities that former assistant football coach Mike McQueary said he saw Sandusky in the shower with a young boy .
In 2001 , Spanier wrote an email to @ @ @ @ @ @ @ said “ the only downside for us is if the message isn ’ t ‘ heard ’ and acted upon , and we then become vulnerable for not having reported it.
” Spanier , now 72 , was convicted in 2017 after being pushed out of his position at Penn State in 2011 following Sandusky ’ s arrest , though he remains a tenured employee .
“ No one is above the law , especially when it comes to the welfare of children .
Today ’ s ruling to reinstate the conviction of @ @ @ @ @ @ @ Shapiro said in a statement .
“ Spanier turned a blind eye to child abuse by not reporting his knowledge of Jerry Sandusky ’ s assaults to law enforcement .
Let it be known – if you hurt kids or cover up child abuse – my office will act and you will be held accountable .
”

The Third Circuit on Tuesday reinstated the child endangerment conviction of Penn State’s former president for his failure to report suspected sexual abuse by former football coach Jerry Sandusky.
PHILADELPHIA (CN) — The Third Circuit on Tuesday reinstated the child endangerment conviction of Penn State’s former president for his failure to report suspected sexual abuse by former football coach Jerry Sandusky.
U.S. Magistrate Judge Karoline Mehalchick threw out Graham Spanier’s conviction last year, just one day before he was supposed to serve his two-month sentence followed by two months of house arrest. She found his due process rights were violated by how the jury in his case was instructed. State prosecutors appealed her decision to the Third Circuit.
Spanier’s attorney Bruce Merenstein argued to the Philadelphia-based appeals court in June that his client should not have been convicted on the amended 2007 version of the law, but rather the 1995 version because the alleged crimes happened in 2001. The amended version of the child endangerment law extends to anyone who supervises or employs people responsible for the welfare of children.
Because of this, Merenstein argued that Spanier was being charged under a version of the statute that imposed criminal liability “against people who were not covered before 2007.” The state, meanwhile, argued that the amendment simply clarified the law and that Spanier was prosecuted under the 1995 version.
U.S. Circuit Judge Michael Fisher, a George W. Bush appointee writing for a unanimous three-judge panel, ruled against the ousted university president on Tuesday.
“It is not reasonably likely that the jury convicted Spanier because he employed someone who supervised the welfare of a child—rather than because he himself supervised the welfare of a child,” the 34-page ruling states.
Fisher also looked to the Pennsylvania Superior Court’s ruling that upheld Spanier’s conviction in 2018, saying his rights would only have been violated if there was an “‘unexpected and indefensible' interpretation of the child endangerment statute in light of prior law”, which Fisher says was not the case.
The panel did, however, affirm the magistrate’s decision that shot down Spanier’s arguments that his rights were violated because he was not informed about a possible exception to the statute of limitations prior to the verdict.
Fisher was joined on the panel by a fellow Bush appointee, U.S. Circuit Judge Michael Chagares, and U.S Circuit Judge David Porter, a Trump appointee.
Merenstein, with the Schnader Harrison Segal & Lewis law firm, did not respond to an email seeking comment. Ronald Eisenberg, who represented the state at arguments, also did not respond to a request for comment.
Spanier’s conviction comes from his failure to report to authorities that former assistant football coach Mike McQueary said he saw Sandusky in the shower with a young boy.
In 2001, Spanier wrote an email to his vice president and athletic director that said “the only downside for us is if the message isn’t ‘heard’ and acted upon, and we then become vulnerable for not having reported it.”
Spanier, now 72, was convicted in 2017 after being pushed out of his position at Penn State in 2011 following Sandusky’s arrest, though he remains a tenured employee.
Pennsylvania Attorney General Josh Shapiro praised the Third Circuit’s decision Tuesday.
“No one is above the law, especially when it comes to the welfare of children. Today’s ruling to reinstate the conviction of Graham Spanier proves just that,” Shapiro said in a statement. “Spanier turned a blind eye to child abuse by not reporting his knowledge of Jerry Sandusky’s assaults to law enforcement. Let it be known – if you hurt kids or cover up child abuse – my office will act and you will be held accountable.”


courthousenews--2020-12-01--CDC Panel: Health Workers, Nursing Home Residents Should Get Covid Vaccine First

( CN ) — Health care workers and residents of long-term care facilities should receive the first vaccinations for Covid-19 when they are available , a U.S. Centers for Disease Control panel voted on Tuesday .
The Advisory Committee on Immunization Practices held the vote after three hours of debate on who should receive the first round of vaccinations , some of which could be available by mid-December .
Health care personnel on the frontlines of the coronavirus pandemic are obvious contenders for the first vaccines , but some panelists were divided over including residents of long-term care facilities in @ @ @ @ @ @ @ problems with reporting how patients reacted to the shots .
Although long-term care facility patients only make up 6 % of those infected with the coronavirus , according to the committee , they have suffered 40 % of the fatalities .
Two companies , Pfizer and Moderna , could have vaccines available this month .
Pfizer already asked the U.S. Food and Drug Administration for emergency approval of its vaccine in November , while Moderna submitted its request on Monday .
Roughly 20 million vaccines will be available by the end of December @ @ @ @ @ @ @ officials , with 5-10 million available each subsequent week .
“ We expect a constrained environment for phase one , ” said Dr. Sara Oliver , a CDC officer .
“ [ The vaccines ] won ’ t all be available right away , ” Quickly and efficiently vaccinating the nation ’ s 21 million health care workers could prove challenging .
While hospitals are a likely place for mass vaccinations , some of the panelists warned that outpatient doctor ’ s offices sometimes encounter Covid-19 patients long before the hospitals .
“ @ @ @ @ @ @ @ of the health care system , ” said Dr. Jason Goldman of the American College of Physicians .
“ We need to really look at the outpatient offices at risk .
The office staff is critical to running these outpatient offices.
” In addition , panelists worried about how to prioritize the different types of health care workers .
How will institutions weigh an individual worker ’ s risk versus the overall operation of hospitals , some panelists asked .
Doctors and nurses working directly with patients should receive the first doses , @ @ @ @ @ @ @ services like cleaning personnel ?
“ How do you balance those risks ?
” asked Dr. Yvonne Maldonado of the American Academy of Pediatrics .
“ These are really entangled concepts.
” There are also challenges surrounding long-term care facilities .
The turnover in these institutions could make it difficult to fully vaccinate patients , since both the leading vaccines require a follow-up shot a month after the first dose .
Some panelists also worried about properly monitoring those who receive the vaccine to respond and report adverse reactions to the shots .
@ @ @ @ @ @ @ good safety surveillance network in place , ” said Dr. Helen Talbot .
The committee also held a brief public comment period .
Aly Hargrave , a nurse from Minnesota , criticized the panel for not studying potential health effects from the proposed vaccines before approving the recommendations .
“ It ’ s questionable how you can label it safe , ” said Hargrave .
“ Is it possible we would be risking widespread injury in our essential health care workers ?
” Sia Anagnostou , a board member for the group Why @ @ @ @ @ @ @ remarks .
“ There ’ s an influx of people and groups that continue to spread misinformation , ” said Anagnostou .
“ We haven ’ t usually taken it seriously , but we ’ re starting to see it ’ s deleterious effects.
” In the end , the panel voted to approve the recommended phase one rollout with only one dissenter .
The Advisory Committee on Immunization Practices is a 15-member panel , but there is a vacant seat right now so only 14 members voted .
Their recommendations are not @ @ @ @ @ @ @ give the final approval .
Then , states will be tasked with distributing the first round of vaccines .
State health officials are not required to follow the recommendations .
The committee will hold another vote to decide the next groups who should receive vaccines , such as police officers and those working in the transportation sector , like bus drivers .
More than 13.6 million Americans have contracted the coronavirus over the last eight months , according to Johns Hopkins University .
Close to 270,000 have died from the respiratory disease .
@ @ @ @ @ @ @ over the next couple months as cold weather forces more people inside and people hold holiday gatherings .
“ We ’ re averaging one Covid death a minute , ” said Beth Bell , director of the CDC ’ s National Center for Emerging and Zoonotic Infectious Diseases .
“ In the time it takes us to have this meeting , 180 people will have died of Covid-19 .
We are acting none too soon .
”

Health care workers and residents of long-term care facilities should receive the first vaccinations for Covid-19 when they are available, a U.S. Centers for Disease Control panel voted on Tuesday.
(CN) — Health care workers and residents of long-term care facilities should receive the first vaccinations for Covid-19 when they are available, a U.S. Centers for Disease Control panel voted on Tuesday.
The Advisory Committee on Immunization Practices held the vote after three hours of debate on who should receive the first round of vaccinations, some of which could be available by mid-December.
Health care personnel on the frontlines of the coronavirus pandemic are obvious contenders for the first vaccines, but some panelists were divided over including residents of long-term care facilities in the first phase. They noted possible problems with reporting how patients reacted to the shots.
Although long-term care facility patients only make up 6% of those infected with the coronavirus, according to the committee, they have suffered 40% of the fatalities.
Two companies, Pfizer and Moderna, could have vaccines available this month. Pfizer already asked the U.S. Food and Drug Administration for emergency approval of its vaccine in November, while Moderna submitted its request on Monday.
Roughly 20 million vaccines will be available by the end of December with FDA approval, according to CDC officials, with 5-10 million available each subsequent week.
“We expect a constrained environment for phase one,” said Dr. Sara Oliver, a CDC officer. “[The vaccines] won’t all be available right away,”
Quickly and efficiently vaccinating the nation’s 21 million health care workers could prove challenging. While hospitals are a likely place for mass vaccinations, some of the panelists warned that outpatient doctor’s offices sometimes encounter Covid-19 patients long before the hospitals.
“The outpatient community is truly the backbone of the health care system,” said Dr. Jason Goldman of the American College of Physicians. “We need to really look at the outpatient offices at risk. The office staff is critical to running these outpatient offices.”
In addition, panelists worried about how to prioritize the different types of health care workers. How will institutions weigh an individual worker’s risk versus the overall operation of hospitals, some panelists asked. Doctors and nurses working directly with patients should receive the first doses, most agree, but what about support services like cleaning personnel?
“How do you balance those risks?” asked Dr. Yvonne Maldonado of the American Academy of Pediatrics. “These are really entangled concepts.”
There are also challenges surrounding long-term care facilities. The turnover in these institutions could make it difficult to fully vaccinate patients, since both the leading vaccines require a follow-up shot a month after the first dose. Some panelists also worried about properly monitoring those who receive the vaccine to respond and report adverse reactions to the shots.
“We don’t have a good safety surveillance network in place,” said Dr. Helen Talbot.
The committee also held a brief public comment period.
Aly Hargrave, a nurse from Minnesota, criticized the panel for not studying potential health effects from the proposed vaccines before approving the recommendations.
“It’s questionable how you can label it safe,” said Hargrave. “Is it possible we would be risking widespread injury in our essential health care workers?”
Sia Anagnostou, a board member for the group Why We Vax, pushed back against those remarks.
“There’s an influx of people and groups that continue to spread misinformation,” said Anagnostou. “We haven’t usually taken it seriously, but we’re starting to see it’s deleterious effects.”
In the end, the panel voted to approve the recommended phase one rollout with only one dissenter.
The Advisory Committee on Immunization Practices is a 15-member panel, but there is a vacant seat right now so only 14 members voted. Their recommendations are not binding; CDC director Robert Redfield will give the final approval. Then, states will be tasked with distributing the first round of vaccines. State health officials are not required to follow the recommendations.
The committee will hold another vote to decide the next groups who should receive vaccines, such as police officers and those working in the transportation sector, like bus drivers.
More than 13.6 million Americans have contracted the coronavirus over the last eight months, according to Johns Hopkins University. Close to 270,000 have died from the respiratory disease.
Health experts worry those numbers could surge over the next couple months as cold weather forces more people inside and people hold holiday gatherings.
“We’re averaging one Covid death a minute,” said Beth Bell, director of the CDC’s National Center for Emerging and Zoonotic Infectious Diseases. “In the time it takes us to have this meeting, 180 people will have died of Covid-19. We are acting none too soon.”


courthousenews--2020-12-01--Refund Fight Over Union Dues Bites the Dust as Appeals to High Court Mount

BOSTON ( CN ) — Although the First Circuit is the latest to join the chorus of courts that have barred public employees from clawing back old union dues , it appears that cases raising the issue are unlikely to go away soon .
The Supreme Court opened the floodgates to such litigation with its 2018 ruling that found compulsory dues-paying rules for public sector unions violated employees ’ First Amendment rights .
The holding reversed a contrary decision from 1977 , but the court didn ’ t say whether employees could get a retroactive refund for dues paid prior @ @ @ @ @ @ @ so , “ a lot of unions could owe millions of dollars and be bankrupted and put out of business , ” said Ann Hodges , a professor emerita at the University of Richmond School of Law who has written about the issue .
To date only two federal judges have approved retroactivity , but at least 20 U.S. District Courts have thrown out such claims , leading to unsuccessful appeals at the Second , Third , Sixth , Seventh and Ninth Circuits .
The First Circuit joined this legion on Monday , @ @ @ @ @ @ @ continue to be filed because conservative foundations such as the National Right to Work Legal Defense Foundation are well-funded and see a collateral benefit to bringing the cases .
“ As long as unions have to spend their resources to fight these cases , that ’ s money that they can ’ t use to represent workers or for political activity , ” the law professor noted in an interview Tuesday .
“ So the First Circuit ruling is one more nail in the coffin , but it ’ s unlikely to be @ @ @ @ @ @ @ to Work Legal Defense Foundation will appeal the First Circuit decision to the Supreme Court , said its vice president , Patrick Semmens .
Four other petitions before the high court are already pending , he added .
In the First Circuit case , lead plaintiffs Patrick Doughty and Randy Severance filed suit just a few months after the Supreme Court ’ s decision in Janus v. AFSCME .
The two New Hampshire workers sued under an 1871 civil rights law that allows private organizations to be held liable for violating someone ’ @ @ @ @ @ @ @ whether the union could defend itself by arguing that it relied in good faith on existing law at the time .
There ’ s no good-faith exception written into the 1871 law , argued attorney Frank Garrison of the National Right to Work Legal Defense Foundation .
“ If Congress wants it , it should create it , ” he told the court at oral argument .
But U.S .
Circuit Judge David Barron , an Obama appointee , wrote for a unanimous panel that the 1871 law created a cause of action @ @ @ @ @ @ @ most analogous tort claims would have provided a good-faith defense .
Beyond the legal principles , however , Barron seemed to think the idea of retroactivity was simply unfair .
He quoted at length the lower-court judge in this case , Paul Barbadoro , who had a strong opinion on the matter .
“ How in any version of the world , ” Barbadoro asked , would it be right to require unions to pay damages for “ behavior was entirely constitutional at the time they engaged in it ” ?
“ One @ @ @ @ @ @ @ views in written opinions is so that people can rely on ” them , Barbadoro continued , and it would be “ arrogant in the extreme ” and “ incomprehensible ” to allow organizations to be sued in cases where all of a sudden “ judges flip 180 degrees on the law.
” Even Charles Baird , a California State University economist who has written a number of articles in support of the Janus decision , said he agrees that applying it retroactively “ seems unreasonable.
” Although Hodges expects more suits on @ @ @ @ @ @ @ the First Circuit ruling the foundations are running out of circuits .
The Fifth and 11th Circuits won ’ t rule on the issue because all the states in those circuits are right-to-work states , she noted .
Typically , the Supreme Court wouldn ’ t address the question without a circuit split , she said , although she added that that wouldn ’ t stop the justices if they felt strongly enough about it .
“ There obviously wasn ’ t a circuit split before Janus , ” she observed .
The @ @ @ @ @ @ @ , since employees of private companies are not covered in the same way by the First Amendment .
The First Circuit decision was joined by U.S .
Circuit Chief Judge Jeffrey Howard , a George W. Bush appointee , and U.S .
Circuit Judge O. Rogeriee Thompson , who was appointed by President Obama .

Although the First Circuit is the latest to join the chorus of courts that have barred public employees from clawing back old union dues, it appears that cases raising the issue are unlikely to go away soon.
BOSTON (CN) — Although the First Circuit is the latest to join the chorus of courts that have barred public employees from clawing back old union dues, it appears that cases raising the issue are unlikely to go away soon.
The Supreme Court opened the floodgates to such litigation with its 2018 ruling that found compulsory dues-paying rules for public sector unions violated employees’ First Amendment rights. The holding reversed a contrary decision from 1977, but the court didn’t say whether employees could get a retroactive refund for dues paid prior to 2018.
If they could do so, “a lot of unions could owe millions of dollars and be bankrupted and put out of business,” said Ann Hodges, a professor emerita at the University of Richmond School of Law who has written about the issue.
To date only two federal judges have approved retroactivity, but at least 20 U.S. District Courts have thrown out such claims, leading to unsuccessful appeals at the Second, Third, Sixth, Seventh and Ninth Circuits.
The First Circuit joined this legion on Monday, but Hodges said the cases will likely continue to be filed because conservative foundations such as the National Right to Work Legal Defense Foundation are well-funded and see a collateral benefit to bringing the cases.
“As long as unions have to spend their resources to fight these cases, that’s money that they can’t use to represent workers or for political activity,” the law professor noted in an interview Tuesday.
“So the First Circuit ruling is one more nail in the coffin, but it’s unlikely to be the last nail.”
The National Right to Work Legal Defense Foundation will appeal the First Circuit decision to the Supreme Court, said its vice president, Patrick Semmens. Four other petitions before the high court are already pending, he added.
In the First Circuit case, lead plaintiffs Patrick Doughty and Randy Severance filed suit just a few months after the Supreme Court’s decision in Janus v. AFSCME. The two New Hampshire workers sued under an 1871 civil rights law that allows private organizations to be held liable for violating someone’s constitutional rights.
The question was whether the union could defend itself by arguing that it relied in good faith on existing law at the time.
There’s no good-faith exception written into the 1871 law, argued attorney Frank Garrison of the National Right to Work Legal Defense Foundation. “If Congress wants it, it should create it,” he told the court at oral argument.
But U.S. Circuit Judge David Barron, an Obama appointee, wrote for a unanimous panel that the 1871 law created a cause of action that was similar to common-law torts and most analogous tort claims would have provided a good-faith defense.
Beyond the legal principles, however, Barron seemed to think the idea of retroactivity was simply unfair. He quoted at length the lower-court judge in this case, Paul Barbadoro, who had a strong opinion on the matter.
"How in any version of the world,” Barbadoro asked, would it be right to require unions to pay damages for "behavior was entirely constitutional at the time they engaged in it"?
"One of the reasons that judges express their views in written opinions is so that people can rely on" them, Barbadoro continued, and it would be "arrogant in the extreme" and “incomprehensible” to allow organizations to be sued in cases where all of a sudden "judges flip 180 degrees on the law."
Even Charles Baird, a California State University economist who has written a number of articles in support of the Janus decision, said he agrees that applying it retroactively “seems unreasonable.”
Although Hodges expects more suits on the issue, she said that after the First Circuit ruling the foundations are running out of circuits. The Fifth and 11th Circuits won’t rule on the issue because all the states in those circuits are right-to-work states, she noted.
Typically, the Supreme Court wouldn’t address the question without a circuit split, she said, although she added that that wouldn’t stop the justices if they felt strongly enough about it. “There obviously wasn’t a circuit split before Janus,” she observed.
The legal issue applies only to public-sector workers, since employees of private companies are not covered in the same way by the First Amendment.
The First Circuit decision was joined by U.S. Circuit Chief Judge Jeffrey Howard, a George W. Bush appointee, and U.S. Circuit Judge O. Rogeriee Thompson, who was appointed by President Obama.


courthousenews--2020-12-01--Geoffrey Berman Joins Fried Frank After Ouster From NY’s Southern District

MANHATTAN ( CN ) — In a fitting development for the final weeks of the Trump administration , a white-shoe New York law firm announced Tuesday that it has hired the former federal prosecutor whose high-profile investigations made him an enemy of the White House .
Geoffrey Berman will provide criminal defense in white-collar cases and work on complex commercial litigation at Fried , Frank , Harris , Shriver & Jacobson .
“ I am thrilled to join Fried Frank ’ s litigation and white-collar team , ” Berman said in a statement .
“ The firm is well known @ @ @ @ @ @ @ companies and high-profile individuals and I am looking forward to working with the team to advance the practice ’ s key client initiatives and priorities.
” Appointed as interim U.S. attorney in January 2018 by then-Attorney General Jeff Sessions , Berman was messily ousted from his post two years later .
Openly defying an invitation to step down quietly and take a Justice Department promotion , Berman triggered a standoff that ended with him effectively calling Attorney General William Barr a liar for publicly claiming he had resigned .
Berman would later testify @ @ @ @ @ @ @ Judiciary Committee that Barr had threatened him with career consequences .
“ I asked the attorney general if he was in any way dissatisfied with my performance as U.S. Attorney , ” Berman told the committee .
“ He said that he three yearswas not at all dissatisfied.
” Berman ’ s crusading predecessor Preet Bharara had lived through a similar shakeup and public firing by the Trump administration three years earlier , shortly after Trump ’ s inauguration .
A Republican and onetime Trump donor , Berman proved his independence from the @ @ @ @ @ @ @ brief tenure .
He recused himself from the prosecution of Trump ’ s ex-fixer Michael Cohen and would not interfere with his team implicating the president in the hush-money scandal .
While the president ’ s impeachment inquiry unfolded , Berman indicted Rudy Giuliani ’ s business associates Lev Parnas and Igor Fruman , two men implicated in Trump ’ s Ukraine scandal .
House Democrats used discovery in Berman ’ s prosecution to build their case to impeach the president , and a related investigation against Giuliani has been reported to be @ @ @ @ @ @ @ any of these cases — a charge that the attorney general denies — he ultimately retreated from his initial position by allowing Berman ’ s deputy Audrey Strauss to take over leadership of New York ’ s Southern District .
Berman ’ s track record includes stints as assistant U.S. attorney for SDNY from 1990 to 1994 ; as associate counsel in the Office of Independent Counsel for the Iran/Contra matter where he successfully prosecuted a former CIA employee for tax fraud ; and a partnership at an international Am Law 100 law @ @ @ @ @ @ @ ouster saw Berman take on a visiting professorship at his alma mater , Stanford Law School .
He taught an elective course titled “ Prosecutorial Discretion and Ethical Duties in the Enforcement of Federal Criminal Law.
” In addition to the Parnas-Fruman prosecution , Berman is credited with opening probes into former Congressman Chris Collins for insider trading , Michael Avenatti for extortion , Jeffrey Epstein for sex trafficking and Halakbank for sanctions violations .

In a fitting development for the final weeks of the Trump administration, a white-shoe New York law firm announced Tuesday that it has hired the former federal prosecutor whose high-profile investigations made him an enemy of the White House.
MANHATTAN (CN) — In a fitting development for the final weeks of the Trump administration, a white-shoe New York law firm announced Tuesday that it has hired the former federal prosecutor whose high-profile investigations made him an enemy of the White House.
Geoffrey Berman will provide criminal defense in white-collar cases and work on complex commercial litigation at Fried, Frank, Harris, Shriver & Jacobson.
“I am thrilled to join Fried Frank's litigation and white-collar team,” Berman said in a statement. “The firm is well known for its cutting-edge counsel to top tier companies and high-profile individuals and I am looking forward to working with the team to advance the practice's key client initiatives and priorities.”
Appointed as interim U.S. attorney in January 2018 by then-Attorney General Jeff Sessions, Berman was messily ousted from his post two years later.
Openly defying an invitation to step down quietly and take a Justice Department promotion, Berman triggered a standoff that ended with him effectively calling Attorney General William Barr a liar for publicly claiming he had resigned.
Berman would later testify behind the closed doors of the House Judiciary Committee that Barr had threatened him with career consequences.
“I asked the attorney general if he was in any way dissatisfied with my performance as U.S. Attorney,” Berman told the committee. “He said that he three yearswas not at all dissatisfied.”
Berman’s crusading predecessor Preet Bharara had lived through a similar shakeup and public firing by the Trump administration three years earlier, shortly after Trump’s inauguration.
A Republican and onetime Trump donor, Berman proved his independence from the White House on multiple occasions during his brief tenure. He recused himself from the prosecution of Trump’s ex-fixer Michael Cohen and would not interfere with his team implicating the president in the hush-money scandal.
While the president’s impeachment inquiry unfolded, Berman indicted Rudy Giuliani’s business associates Lev Parnas and Igor Fruman, two men implicated in Trump’s Ukraine scandal. House Democrats used discovery in Berman’s prosecution to build their case to impeach the president, and a related investigation against Giuliani has been reported to be ongoing.
If Barr intended to muzzle any of these cases — a charge that the attorney general denies — he ultimately retreated from his initial position by allowing Berman’s deputy Audrey Strauss to take over leadership of New York’s Southern District.
Berman’s track record includes stints as assistant U.S. attorney for SDNY from 1990 to 1994; as associate counsel in the Office of Independent Counsel for the Iran/Contra matter where he successfully prosecuted a former CIA employee for tax fraud; and a partnership at an international Am Law 100 law firm.
The early weeks following his ouster saw Berman take on a visiting professorship at his alma mater, Stanford Law School. He taught an elective course titled “Prosecutorial Discretion and Ethical Duties in the Enforcement of Federal Criminal Law.” In addition to the Parnas-Fruman prosecution, Berman is credited with opening probes into former Congressman Chris Collins for insider trading, Michael Avenatti for extortion, Jeffrey Epstein for sex trafficking and Halakbank for sanctions violations.


Top Eight

Your Tuesday night briefing from the staff of Courthouse News Top eight stories for today including President Donald Trump sued in Wisconsin ’ s highest court in a go-for-broke attempt to overturn the state ’ s general election results ; A bipartisan coalition unveiled a $ 908 billion coronavirus relief package ; Environmentalists told a Dutch court that oil giant Shell must drastically reduce its emissions for the world to avoid catastrophic warming , and more .
Sign up for the CNS Top Eight , a roundup of the day ’ s top stories delivered directly to your inbox Monday @ @ @ @ @ @ @ lawmakers depart Capitol Hill for a holiday season where huge swaths of the country are seeing outbreaks of the novel coronavirus , a bipartisan coalition on Tuesday unveiled a $ 908 billion relief package .
2 . )
Six Africans who say they were kidnapped as children , then beaten and starved as they toiled on cocoa plantations fought against the limits of corporate liability Tuesday at the Supreme Court .
3 . )
President Donald Trump sued in Wisconsin ’ s highest court Tuesday in a go-for-broke attempt to overturn general election @ @ @ @ @ @ @ President-elect Joe Biden by more than 20,000 votes .
4 . )
Texas photojournalists have cleared a major hurdle in their lawsuit seeking to overturn the state ’ s restrictions on drone photography at prisons , sports arenas and other newsworthy locations and events .
5 . )
Police in Portland , Oregon , shot peaceful protesters with rubber bullets and paintballs during demonstrations against police violence in violation of a court order barring that very thing , a federal judge ruled 6 . )
More than 17,000 Dutch citizens backed by environmental @ @ @ @ @ @ @ that oil giant Shell must drastically reduce its emissions for the world to avoid catastrophic warming .
7 . )
The Icelandic Court of Appeal was not properly established under European law because of irregularities in judicial appointments , the European Court of Human Rights ruled Tuesday .
8 . )
Long-distance truck drivers who cross borders for work are covered by European Union rules that ensure employees are treated fairly when they work outside their home country , Europe ’ s highest court held on Tuesday .

Top eight stories for today including President Donald Trump sued in Wisconsin’s highest court in a go-for-broke attempt to overturn the state’s general election results; A bipartisan coalition unveiled a $908 billion coronavirus relief package; Environmentalists told a Dutch court that oil giant Shell must drastically reduce its emissions for the world to avoid catastrophic warming, and more.
Your Tuesday night briefing from the staff of Courthouse News
Top eight stories for today including President Donald Trump sued in Wisconsin’s highest court in a go-for-broke attempt to overturn the state’s general election results; A bipartisan coalition unveiled a $908 billion coronavirus relief package; Environmentalists told a Dutch court that oil giant Shell must drastically reduce its emissions for the world to avoid catastrophic warming, 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.) Before lawmakers depart Capitol Hill for a holiday season where huge swaths of the country are seeing outbreaks of the novel coronavirus, a bipartisan coalition on Tuesday unveiled a $908 billion relief package.
The U.S. Capitol in Washington. (Courthouse News photo/Jack Rodgers)
2.) Six Africans who say they were kidnapped as children, then beaten and starved as they toiled on cocoa plantations fought against the limits of corporate liability Tuesday at the Supreme Court.
Children play soccer in Mali's Dogon region on December 29, 2007,. (Credit: Jelle Jansen/Flickr via Courthouse News)
Regional
3.) President Donald Trump sued in Wisconsin’s highest court Tuesday in a go-for-broke attempt to overturn general election results in a state he lost to President-elect Joe Biden by more than 20,000 votes.
FILE - In this Tuesday, Nov. 3, 2020, file photo, voters wait in line outside a polling center on Election Day, in Kenosha, Wis. Posts shared thousands of times on Facebook, Twitter and Instagram are falsely claiming that an impossible number of people cast ballots in Wisconsin. Meagan Wolfe, the state’s top elections official, addressed the social media rumors Thursday, Nov. 5, saying: “Wisconsin does not have more votes than registered voters.” (AP Photo/Wong Maye-E, File)
4.) Texas photojournalists have cleared a major hurdle in their lawsuit seeking to overturn the state’s restrictions on drone photography at prisons, sports arenas and other newsworthy locations and events.
Image by Free-Photos from Pixabay via Courthouse News
5.) Police in Portland, Oregon, shot peaceful protesters with rubber bullets and paintballs during demonstrations against police violence in violation of a court order barring that very thing, a federal judge ruled
Protesters mass in front of the Mark O. Hatfield federal courthouse Friday, in the 58th consecutive night of civil unrest over systemic racism and police brutality. (Courthouse News photo/Karina Brown)
International
6.) More than 17,000 Dutch citizens backed by environmental action groups told a Netherlands court Tuesday that oil giant Shell must drastically reduce its emissions for the world to avoid catastrophic warming.
Demonstrators hold a banner reading "standing by and watching is no longer an option" outside the court building prior to the start of the court case of Milieudefensie, the Dutch arm of the Friends of the Earth environmental organization, against Shell in The Hague, Netherlands, Tuesday, Dec. 1, 2020. A landmark legal battle opened as climate change activists in the Netherlands go to court seeking an order for energy giant Shell to rein in its carbon emissions. (AP Photo/Peter Dejong)
7.) The Icelandic Court of Appeal was not properly established under European law because of irregularities in judicial appointments, the European Court of Human Rights ruled Tuesday.
The Icelandic capital city of Reykjavík. (Image by David Mark from /Pixabay via Courthouse News)
8.) Long-distance truck drivers who cross borders for work are covered by European Union rules that ensure employees are treated fairly when they work outside their home country, Europe’s highest court held on Tuesday.


courthousenews--2020-12-01--Barr Calls Claims of 2020 Voter Fraud Unsubstantiated

WASHINGTON ( CN ) — Attorney General William Barr delivered the latest blow to the president ’ s cries of voter fraud , saying Tuesday that such assertions are unsubstantiated .
“ To date , we have not seen fraud on a scale that could have effected a different outcome in the election , ” Barr said in an interview this afternoon with the Associated Press .
Early last month the Trump appointee had told federal prosecutors to investigate “ substantial allegations ” of voting irregularities throughout the nation , if they existed .
Barr told the Associated Press that @ @ @ @ @ @ @ the results of the election were not backed by evidence .
The Department of Homeland Security alongside Justice Department investigators found no evidence of machines being programed to fudge results , he said .
“ Most claims of fraud are very particularized to a particular set of circumstances or actors or conduct , ” Barr said .
“ They are not systematic allegations .
And those have been run down ; they are being run down .
Some have been broad and potentially cover a few thousand votes .
They have been followed @ @ @ @ @ @ @ the Justice Department can accomplish with an investigation from what should otherwise be litigated through civil suits .
He told the Associated Press that the first step at determining fraud would be through audits of state and local election systems , not through a federal investigation .
“ There ’ s a growing tendency to use the criminal justice system as sort of a default fix-all , and people don ’ t like something they want the Department of Justice to come in and investigate , ” Barr said .
Meanwhile on Twitter @ @ @ @ @ @ @ daily without evidence that he should be crowned the victor of last month ’ s election , despite results showing that he lost both the popular vote and the Electoral College to his Democratic challenger Joe Biden .
Trump sought legal intervention almost immediately after November 4 and has most recently filed a challenge to overturn Wisconsin ’ s certified election results .
Most judges to come across such cases have rejected them as baseless , with zero evidence of fraud .
Trump ’ s personal attorneys Rudy Giuliani and Jenna Ellis said @ @ @ @ @ @ @ “ any semblance of a Department of Justice investigation.
” The pair also pushed back on Barr ’ s comments of voter machine examination , saying the department had not audited any voter machines , or “ used their subpoena powers to determine the truth.
” “ Again , with the greatest respect to the attorney general , his opinion appears to be without any knowledge or investigation of the substantial irregularities and evidence of systemic fraud , ” they said in a statement .
Barr also made news Tuesday in confirming that @ @ @ @ @ @ @ for Connecticut ’ s U.S. Attorney John Durham to serve as special counsel to probe the investigations into the 2016 election .
In a letter addressed to Republican and Democrat leadership on both the House and Senate Judiciary Committees , Barr said he initially expected Durham to complete his work by the end of this summer .
This timeline was frustrated , however , by the pandemic as well as “ additional information ” Durham uncovered , Barr wrote .
Barr likened Durham ’ s appointment to the process in which Robert Mueller @ @ @ @ @ @ @ the 2016 election .
“ I decided the best thing to do would be to appoint them under the same regulation that covered Bob Muller , to provide Durham and his team some assurance that they ’ d be able to complete their work regardless of the outcome of the election , ” Barr told the AP .
Mueller ’ s had specifically said that the report did not exonerate Trump of obstructing his investigation , but the president has long dismissed the probe as a witch hunt .
But that appointment may @ @ @ @ @ @ @ Jerry Nadler , a New York Democrat , said late Tuesday .
At first blush , Durham ’ s appointment appears to violate Department of Justice rules requiring that a special counsel be selected from outside of the U.S. government .
Durham is presently the U.S. Attorney for the District of Connecticut .
But a closer review of the order issued by Barr appears to indicate that the attorney general used a bit of clever maneuvering to make the appointment valid .
Barr ’ s order invokes his own discharge authority to appoint @ @ @ @ @ @ @ as attorney general .
In public analysis Tuesday evening , Brookings Institute senior fellow Benjamin Wittes noted on Twitter that Barr simultaneously applies special counsel regulations to the appointment except he failed to apply a provision that requires a special counsel to come from outside of the department .
“ In other words , Barr used general statutory authority to appoint someone and then by order applied the regulations , including the regulations that limit the special counsel ’ s removal to that appointment , ” Wittes wrote .
“ Very clever.
” @ @ @ @ @ @ @ to call me and provide an explanation for this order without delay , ” the Democrat said in his statement Tuesday .
Durham ’ s appointment could still create a slight hurdle for President-elect Joe Biden .
With Durham locked in to complete his investigation , it will be Biden that is left to contend with the Trump administration remnant , and it will be Biden who is left to remove Durham as necessary .
Federal code guiding special counsel regulations stipulates that an attorney general can only remove a special counsel for @ @ @ @ @ @ @ , conflict of interest or for other good cause .

Attorney General William Barr delivered the latest blow to the president’s cries of voter fraud, saying Tuesday that such assertions are unsubstantiated.
WASHINGTON (CN) — Attorney General William Barr delivered the latest blow to the president’s cries of voter fraud, saying Tuesday that such assertions are unsubstantiated.
“To date, we have not seen fraud on a scale that could have effected a different outcome in the election,” Barr said in an interview this afternoon with the Associated Press.
Early last month the Trump appointee had told federal prosecutors to investigate “substantial allegations” of voting irregularities throughout the nation, if they existed.
Barr told the Associated Press that claims of machines switching votes to alter the results of the election were not backed by evidence. The Department of Homeland Security alongside Justice Department investigators found no evidence of machines being programed to fudge results, he said.
“Most claims of fraud are very particularized to a particular set of circumstances or actors or conduct,” Barr said. “They are not systematic allegations. And those have been run down; they are being run down. Some have been broad and potentially cover a few thousand votes. They have been followed up on.”
Barr also distinguished what the Justice Department can accomplish with an investigation from what should otherwise be litigated through civil suits. He told the Associated Press that the first step at determining fraud would be through audits of state and local election systems, not through a federal investigation.
“There’s a growing tendency to use the criminal justice system as sort of a default fix-all, and people don’t like something they want the Department of Justice to come in and investigate,” Barr said.
Meanwhile on Twitter, President Donald Trump continues to assert daily without evidence that he should be crowned the victor of last month’s election, despite results showing that he lost both the popular vote and the Electoral College to his Democratic challenger Joe Biden.
Trump sought legal intervention almost immediately after November 4 and has most recently filed a challenge to overturn Wisconsin’s certified election results.
Most judges to come across such cases have rejected them as baseless, with zero evidence of fraud.
Trump’s personal attorneys Rudy Giuliani and Jenna Ellis said Barr’s comments had come without “any semblance of a Department of Justice investigation.”
The pair also pushed back on Barr’s comments of voter machine examination, saying the department had not audited any voter machines, or “used their subpoena powers to determine the truth.”
“Again, with the greatest respect to the attorney general, his opinion appears to be without any knowledge or investigation of the substantial irregularities and evidence of systemic fraud,” they said in a statement.
Barr also made news Tuesday in confirming that he made the appointment several weeks ago for Connecticut’s U.S. Attorney John Durham to serve as special counsel to probe the investigations into the 2016 election.
In a letter addressed to Republican and Democrat leadership on both the House and Senate Judiciary Committees, Barr said he initially expected Durham to complete his work by the end of this summer. This timeline was frustrated, however, by the pandemic as well as “additional information” Durham uncovered, Barr wrote.
Barr likened Durham’s appointment to the process in which Robert Mueller was tasked to investigate Russian meddling in the 2016 election.
“I decided the best thing to do would be to appoint them under the same regulation that covered Bob Muller, to provide Durham and his team some assurance that they’d be able to complete their work regardless of the outcome of the election,” Barr told the AP.
Mueller’s had specifically said that the report did not exonerate Trump of obstructing his investigation, but the president has long dismissed the probe as a witch hunt.
But that appointment may be illegal, House Judiciary Committee chairman Jerry Nadler, a New York Democrat, said late Tuesday.
At first blush, Durham’s appointment appears to violate Department of Justice rules requiring that a special counsel be selected from outside of the U.S. government. Durham is presently the U.S. Attorney for the District of Connecticut.
But a closer review of the order issued by Barr appears to indicate that the attorney general used a bit of clever maneuvering to make the appointment valid. Barr’s order invokes his own discharge authority to appoint a special counsel pursuant to his powers as attorney general.
In public analysis Tuesday evening, Brookings Institute senior fellow Benjamin Wittes noted on Twitter that Barr simultaneously applies special counsel regulations to the appointment except he failed to apply a provision that requires a special counsel to come from outside of the department.
“In other words, Barr used general statutory authority to appoint someone and then by order applied the regulations, including the regulations that limit the special counsel’s removal to that appointment,” Wittes wrote. “Very clever.”
Chairman Nadler’s interest appeared piqued.
“I have asked the attorney general to call me and provide an explanation for this order without delay,” the Democrat said in his statement Tuesday.
Durham’s appointment could still create a slight hurdle for President-elect Joe Biden. With Durham locked in to complete his investigation, it will be Biden that is left to contend with the Trump administration remnant, and it will be Biden who is left to remove Durham as necessary.
Federal code guiding special counsel regulations stipulates that an attorney general can only remove a special counsel for misconduct, dereliction of duty, incapacity, conflict of interest or for other good cause.


NFL Game

CLEVELAND — A federal court in Ohio certified a class of ticket holders suing the NFL for its cancellation of @ @ @ @ @ Exhibition Game due to field conditions .
The ground crew did not have enough time @ @ @ @ @ heated it to speed the drying of the painted midfield logo , melting the turf @ @ @ @ @ slick , stick , congealed mess.
” A substance applied to the field to remedy @ @ @ @ @ label that it could burn skin .
The fans were not notified of the game @ @ @ @ @ were inside the stadium .

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.


Student Athletes

LEXINGTON , Ky. — A University of Kentucky student may pursue some of her Title IX and equal protection claims @ @ @ @ @ its alleged failure to provide female athletes with an equal allocation of federal financial assistance @ @ @ @ @ the state ruled .


Baking Soda

INDIANAPOLIS — A man was properly convicted of dealing a fake drug substance — a felony — for attempting to @ @ @ @ @ he referred to as “ white girl , ” to a casino patron , the @ @ @ @ @ finding that the seized evidence was properly admitted under the Fourth Amendment .


Religious Speech

GREENVILLE , Tenn. — In a First Amendment dispute , a federal court in Tennessee ruled against three “ preachers @ @ @ @ @ the entrance of a park during an LGBTQ festival .
The three , who confronted @ @ @ @ @ system to spout slurs , were moved from the park to a sidewalk because of @ @ @ @ @ content of their message , the court ruled .


courthousenews--2020-12-02--76 Franciscan Nuns Test Positive at Monastery in Germany

BERLIN ( AP ) — Seventy-six Catholic nuns have tested positive for COVID-19 after an outbreak at a Franciscan convent in northwestern Germany , church authorities said Tuesday .
Another 85 nuns received negative test results at the monastery in Thuine , not far from the Dutch border , the convent ’ s Mother Superior told The Associated Press .
“ We are grateful that so far nobody is in the hospital , ” Sister Maria Cordis Reiker said .
Local health authorities put the the entire monastery under quarantine late last week after the first cases of coronavirus were @ @ @ @ @ @ @ Germany are elderly women because convents have had difficulties for decades recruiting young women for their cause .
Reiker said they were still waiting for the test results of the 160 non-clerical employees of the monastery , including nurses working at the monastery ’ s old people ’ s home , and others working at the monastery ’ s kitchen and wash house .
The nuns also run a boys ’ boarding school and several other schools including a vocational school .
“ We don ’ t know how things will continue regarding @ @ @ @ @ @ @ still in flux , ” she said .
She said local health and school officials were in touch with the schools .
Overall in Germany , 13,604 more people tested positive over the last 24 hours and 388 others died of COVID-19 , the country ’ s national disease control center , the Robert Koch Institute , reported .
While the number of new virus cases among younger people is decreasing in Germany , it ’ s going up among older people , the institute said .

Seventy-six Catholic nuns have tested positive for COVID-19 after an outbreak at a Franciscan convent in northwestern Germany, church authorities said Tuesday.
BERLIN (AP) — Seventy-six Catholic nuns have tested positive for COVID-19 after an outbreak at a Franciscan convent in northwestern Germany, church authorities said Tuesday.
Another 85 nuns received negative test results at the monastery in Thuine, not far from the Dutch border, the convent's Mother Superior told The Associated Press.
"We are grateful that so far nobody is in the hospital," Sister Maria Cordis Reiker said.
Local health authorities put the the entire monastery under quarantine late last week after the first cases of coronavirus were discovered there. Most Catholic nuns in Germany are elderly women because convents have had difficulties for decades recruiting young women for their cause.
Reiker said they were still waiting for the test results of the 160 non-clerical employees of the monastery, including nurses working at the monastery's old people's home, and others working at the monastery's kitchen and wash house.
The nuns also run a boys' boarding school and several other schools including a vocational school.
"We don't know how things will continue regarding our schools, it's all still in flux," she said.
She said local health and school officials were in touch with the schools.
Overall in Germany, 13,604 more people tested positive over the last 24 hours and 388 others died of COVID-19, the country's national disease control center, the Robert Koch Institute, reported.
While the number of new virus cases among younger people is decreasing in Germany, it's going up among older people, the institute said.


courthousenews--2020-12-02--UK Court Rules Against Clinic in Puberty Blocking Drugs Case

LONDON ( AP ) — Britain ’ s High Court ruled Tuesday that children under 16 years old who are considering gender reassignment are unlikely to be able to give informed consent to medical treatment involving drugs that delay puberty .
The ruling said that because of the experimental nature of the drugs , clinics should seek court authorization before starting such treatment , even in cases of teens aged 16 or over .
The case was brought by two claimants against a National Health Service trust that runs the U.K. ’ s main gender identity development service for children @ @ @ @ @ @ @ was prescribed hormone blockers at 16 , argued that the clinic should have challenged her more over her decision to transition to a male .
Tuesday ’ s ruling will “ protect vulnerable young people , ” said Keira Bell , who is now 23 and has stopped taking cross-sex hormones .
She added that she was “ delighted to see that common sense has prevailed.
” “ I wish ( the judgement ) had been made before I embarked on the devastating experiment of puberty blockers .
My life would be very @ @ @ @ @ @ @ the court .
Hormone blockers are drugs that can pause the development of puberty , and are sometimes prescribed to help children with gender dysphoria by giving them more time to consider their options .
Lawyers for Bell and the other claimant — the mother of a 15-year-old autistic girl on the waiting list for treatment — said that children going through puberty are “ not capable of properly understanding the nature and effects of hormone blockers.
” They argued that children who start taking hormone blockers are highly likely to later take @ @ @ @ @ @ @ “ irreversible changes.
” Health officials involved in the case argued that taking hormone blockers and later cross-sex hormones were “ entirely separate ” stages of treatment .
But on Tuesday , three judges ruled that children under 16 are unlikely to understand and weigh both the immediate and long-term consequences of the treatment to be able to consent to the use of puberty blockers .
They said that puberty blocking drugs are a “ pathway to much greater medical interventions ” because a vast majority of patients taking the drugs go on @ @ @ @ @ @ @ and Portman NHS Trust , which runs the gender clinic , said it would seek permission to appeal against the ruling .
The trans children ’ s charity Mermaids said the ruling was “ devastating ” for trans young people in the country .

Britain's High Court ruled Tuesday that children under 16 years old who are considering gender reassignment are unlikely to be able to give informed consent to medical treatment involving drugs that delay puberty.
LONDON (AP) — Britain's High Court ruled Tuesday that children under 16 years old who are considering gender reassignment are unlikely to be able to give informed consent to medical treatment involving drugs that delay puberty.
The ruling said that because of the experimental nature of the drugs, clinics should seek court authorization before starting such treatment, even in cases of teens aged 16 or over.
The case was brought by two claimants against a National Health Service trust that runs the U.K.'s main gender identity development service for children. One of the claimants, who was prescribed hormone blockers at 16, argued that the clinic should have challenged her more over her decision to transition to a male.
Tuesday's ruling will "protect vulnerable young people," said Keira Bell, who is now 23 and has stopped taking cross-sex hormones. She added that she was "delighted to see that common sense has prevailed."
"I wish (the judgement) had been made before I embarked on the devastating experiment of puberty blockers. My life would be very different today," she said outside the court.
Hormone blockers are drugs that can pause the development of puberty, and are sometimes prescribed to help children with gender dysphoria by giving them more time to consider their options.
Lawyers for Bell and the other claimant — the mother of a 15-year-old autistic girl on the waiting list for treatment — said that children going through puberty are "not capable of properly understanding the nature and effects of hormone blockers."
They argued that children who start taking hormone blockers are highly likely to later take cross-sex hormones, which they say cause "irreversible changes."
Health officials involved in the case argued that taking hormone blockers and later cross-sex hormones were "entirely separate" stages of treatment.
But on Tuesday, three judges ruled that children under 16 are unlikely to understand and weigh both the immediate and long-term consequences of the treatment to be able to consent to the use of puberty blockers. They said that puberty blocking drugs are a "pathway to much greater medical interventions" because a vast majority of patients taking the drugs go on to take cross-sex hormones.
The Tavistock and Portman NHS Trust, which runs the gender clinic, said it would seek permission to appeal against the ruling.
The trans children's charity Mermaids said the ruling was "devastating" for trans young people in the country.


courthousenews--2020-12-02--Laid Off Minnesota High School Students Entitled to CARES Act Benefits, Court Rules

ST. PAUL , Minn. ( CN ) — The Minnesota Court of Appeals ruled Tuesday night that high school students laid off due to the Covid-19 pandemic can access unemployment benefits .
In its brief ruling in favor of Minneapolis youth advocacy group Youthprise and three high school students laid off during the pandemic , the court found that an unemployment law judge incorrectly determined that high school students were not covered under the federal CARES Act .
That judge ’ s decision was based upon the Minnesota Department of Employment and Economic Development ’ s interpretation of a 1939 @ @ @ @ @ @ @ unemployment .
The decision opens up between $ 14 million and $ 28 million of Pandemic Unemployment Assistance to young Minnesotans made poorer by the ongoing global health crisis , according to Youthprise Vice President Marcus Pope .
Youthprise and Minnesota Attorney General Keith Ellison ’ s office worked to fast-track the case , Pope said , in order to allow laid-off teenagers to apply for unemployment under the Act before its Dec. 25 deadline .
The students ’ case was bolstered by an amicus brief from Ellison ’ s office , which @ @ @ @ @ @ @ targeted to reach those who normally would not have been eligible for unemployment benefits .
“ The Act does not include any age restriction for those who qualify , and the [ Department of Labor ] specifically indicated that full-time students can be eligible to receive benefits .
The DOL has also instructed states that applicants who have been disqualified for state unemployment compensation , even for instances of fraud , can remain eligible to collect PUA benefits , ” the brief reads .
“ A high school student , like Relator , @ @ @ @ @ @ @ a result of the COVID-19 pandemic , and is not eligible for any other unemployment benefits , is precisely the type of individual the PUA program was intended to benefit.
” Pope praised the attorney general ’ s office for its cooperation .
“ I just want to give a huge shout-out to our Attorney General and his entire office for standing up for young people and being courageous , ” he said .
Plaintiff Lincoln Bacal , a 17-year-old recent high school graduate who was laid off from her job at a @ @ @ @ @ @ @ said that she was pleased with the decision but that there was a long way to go .
While she , Youthprise and a youth coalition she cofounded successfully won many legislators over to their cause , she said , other legislators and adult commentators sought to minimize their issues by referring to their lost wages as “ pocket money.
” She has had to postpone college for a year after losing her income , she said .
“ I pay my taxes , and so do other high school students , ” @ @ @ @ @ @ @ in the last 8 months has really exposed that a lot of people in power do not prioritize youth issues … If we don ’ t have the power to vote them out , then we ’ re not important , and they don ’ t prioritize our needs at all.
” “ For any other demographic , we wouldn ’ t have needed a lawsuit , ” she added .
The 1939 law remains in place but Pope and Bacal both vowed to continue efforts to repeal it .
The lawsuit , @ @ @ @ @ @ @ after lengthy efforts to lobby the state legislature to repeal the law entirely .
“ We tried , we worked with the Senate and the House to get bills introduced to fix this , without success , ” he said .
“ With the gridlock that we ’ ve been experiencing , it ’ s just been hard to get anything done .
”

ST. PAUL, Minn. (CN) — The Minnesota Court of Appeals ruled Tuesday night that high school students laid off due to the Covid-19 pandemic can access unemployment benefits.
In its brief ruling in favor of Minneapolis youth advocacy group Youthprise and three high school students laid off during the pandemic, the court found that an unemployment law judge incorrectly determined that high school students were not covered under the federal CARES Act. That judge’s decision was based upon the Minnesota Department of Employment and Economic Development’s interpretation of a 1939 state law that prevents students from collecting unemployment.
The decision opens up between $14 million and $28 million of Pandemic Unemployment Assistance to young Minnesotans made poorer by the ongoing global health crisis, according to Youthprise Vice President Marcus Pope. Youthprise and Minnesota Attorney General Keith Ellison’s office worked to fast-track the case, Pope said, so that laid-off teenagers could apply for unemployment under the act before its Dec. 25 deadline.
The students’ case was bolstered by an amicus brief from Ellison’s office, which argued that the CARES Act was specifically targeted to reach those who normally would not have been eligible for unemployment benefits.
“The act does not include any age restriction for those who qualify, and the [Department of Labor] specifically indicated that full-time students can be eligible to receive benefits. The DOL has also instructed states that applicants who have been disqualified for state unemployment compensation, even for instances of fraud, can remain eligible to collect PUA benefits,” the brief states. “A high school student, like relator, who was furloughed from her job as a result of the Covid-19 pandemic, and is not eligible for any other unemployment benefits, is precisely the type of individual the PUA program was intended to benefit.”
Pope praised the attorney general’s office for its cooperation. “I just want to give a huge shout-out to our attorney general and his entire office for standing up for young people and being courageous,” he said.
Lincoln Bacal, a 17-year-old recent high school graduate who was laid off from her job at a local ice cream chain in March, was lead plaintiff in the case. While pleased with the decision, she emphasized that there is a long way to go. Bacal said Youthprise and a youth coalition she co-founded successfully won many legislators over to their cause, but other legislators and adult commentators sought to minimize their issues by referring to their lost wages as “pocket money.” She has had to postpone college for a year after losing her income, she said.
“I pay my taxes, and so do other high school students,” she said. “Working on this in the last eight months has really exposed that a lot of people in power do not prioritize youth issues. … If we don’t have the power to vote them out, then we’re not important, and they don’t prioritize our needs at all.
“For any other demographic, we wouldn’t have needed a lawsuit,” she added.
The 1939 law remains in place, but Pope and Bacal both vowed to continue efforts to repeal it. The lawsuit, Pope said, was a last resort after lengthy efforts to lobby the state legislature to repeal the law entirely.
“We tried, we worked with the Senate and the House to get bills introduced to fix this, without success,” he said. “With the gridlock that we’ve been experiencing, it’s just been hard to get anything done.”


courthousenews--2020-12-02--DOJ Investigating Potential  Presidential Pardon Bribery Scheme

( CN ) — The Justice Department has been investigating whether certain individuals engaged in a plot to bribe White House officials in exchange for a presidential pardon , according to a court filing unsealed Tuesday night .
Betwixt heavy redactions in the unsealed 18-page court order from Chief U.S. District Judge Beryl Howell was the mention of a potential criminal scheme to offer “ substantial ” political contributions in exchange for a presidential pardon or sentence reprieve .
But the identities of the people being investigated , as well as the identity of the person for whom they were @ @ @ @ @ @ @ in the document , and nothing in the document connected President Donald Trump to the scheme .
As part of the investigation into the alleged scheme , the document reveals more than 50 laptops , iPads , thumb drives and hard drives — including several terabytes of data — were seized by the government under search warrants .
Judge Howell ’ s order , dated Aug. 28 , came in response to the government ’ s request to view certain communications .
The goverment ’ s motion , referenced in the unsealed order @ @ @ @ @ @ @ that indicate criminal activity , and that investigators suspected two unnamed people acted as lobbyists to senior White House officials , without registering under the Lobbying Disclosure Act , in an attempt secure a pardon for a convict .
Howell , a Barack Obama appointee , granted investigators with the U.S. Department of Justice access to emails connected to the alleged schemes and allowed prosecutors to use the materials to confront any subject of the investigation .
The specific documents Howell cleared for review in the order are not protected by attorney-client privilege @ @ @ @ @ @ @ emails had been shared between third parties .

The Justice Department has been investigating whether certain individuals engaged in a plot to bribe White House officials in exchange for a presidential pardon, according to a court filing unsealed Tuesday night.
(CN) — The Justice Department has been investigating whether certain individuals engaged in a plot to bribe White House officials in exchange for a presidential pardon, according to a court filing unsealed Tuesday night.
Betwixt heavy redactions in the unsealed 18-page court order from Chief U.S. District Judge Beryl Howell was the mention of a potential criminal scheme to offer “substantial” political contributions in exchange for a presidential pardon or sentence reprieve.
But the identities of the people being investigated, as well as the identity of the person for whom they were seeking a pardon, were not revealed in the document, and nothing in the document connected President Donald Trump to the scheme.
“No government official was or is currently a subject or target of the investigation disclosed in this filing,” a Justice Department official told Courthouse News on Wednesday.
As part of the investigation into the alleged scheme, the document reveals more than 50 laptops, iPads, thumb drives and hard drives — including several terabytes of data — were seized by the government under search warrants.
Judge Howell’s order, dated Aug. 28, came in response to the government’s request to view certain communications.
The goverment's motion, referenced in the unsealed order, alleged that the government identified emails that indicate criminal activity, and that investigators suspected two unnamed people acted as lobbyists to senior White House officials, without registering under the Lobbying Disclosure Act, in an attempt secure a pardon for a convict.
Howell, a Barack Obama appointee, granted investigators with the U.S. Department of Justice access to emails connected to the alleged schemes and allowed prosecutors to use the materials to confront any subject of the investigation.
The specific documents Howell cleared for review in the order are not protected by attorney-client privilege, she said, mainly because the emails had been shared between third parties.