courthousenews--2020-07-19--Lake Tahoe’s Aspens Face Dangerous New Threat

( CN ) — On the Nevada side of Lake Tahoe , situated off the shoulder of Spooner Pass that connects South Lake Tahoe to Carson City in the valley below , an old reservoir doesn ’ t seem like the type of place tourists would glom on to during the height of tourism season .
In fact , during the summer , the parking lot at the Nevada state park that affords access to Spooner Lake is often half or three-quarters full , as most visitors flock to Tahoe to stake a claim on the shores of North America @ @ @ @ @ @ @ the arrival of autumn brings a different story : the story of aspen .
Between Spooner Lake and Marlette Lake — located in the middle of the Carson Range that flanks the East Shore — lies a bevy of aspen stands that slough off their green come early October and put on the gold .
The creek-riven gully that connects Spooner and Marlette is called the North Canyon , which is home to some of the most spectacular aspen stands in all the Sierra Nevada .
The sight of innumerable topaz leaves trembling @ @ @ @ @ @ @ reason the tourist season that used to run in the summer and then the winter is now bleeding into fall .
But another sight among the aspen trees is giving natural resource managers in the Lake Tahoe Basin pause .
In June 2018 , scientists first noticed that aspen trees around the basin were looking more defoliated than usual — a fancy way of saying the beautiful trees were losing their leaves at an unusual rate .
“ It was concerning because , from a landscape diversity perspective , aspens are so priceless @ @ @ @ @ @ @ here , ” said Will Richardson , executive director of the Tahoe Institute for Natural Science .
While not a large share of Tahoe ’ s tree species , which is dominated by 11 species of conifer , the aspen is home to a wide array of bird and insect species that rely on the trees for habitat , food and other benefits .
So the signs of major leaf loss at the aspen stand in the North Canyon were disturbing , particularly as land managers in the basin had been undertaking strenuous @ @ @ @ @ @ @ around the Lake Tahoe Basin as conifer trees began to encroach on their habitat and shade them out .
“ I was walking around with some colleagues in the summer of 2018 and it became immediately clear the stand was not looking as good as the last couple of years and so I wondered ‘ What are we doing wrong here ?
’ ” said Stephanie Coppeto , a forest wildlife biologist with the U.S. Forest Service .
Coppeto runs forest restoration projects intended to improve the health of aspen stands in the @ @ @ @ @ @ @ sight of so many sick trees just months after taking steps to ensure their health .
“ That ’ s when we found the caterpillars , ” Coppeto said .
“ I thought , ‘ This is a bad sign.
’ ” The caterpillars were later identified as the larva of the white satin moth , a medium-sized moth with white translucent wings .
The moth is native to Europe but has been in North America since at least the 1920s .
“ They got established in New England pretty quick , ” @ @ @ @ @ @ @ to expand in the American West , but they did work their way down from British Columbia and then east into Idaho and Montana before they circled back through Nevada and arrived in Tahoe.
” Aspen trees are one of the most successful deciduous trees for a reason , including having many adaptations that allow them to live in conifer-dominate forests .
But also because they have biological mechanisms for fending off noxious insects .
“ In most places , the aspen has grown quite used to the moths , ” Richardson said @ @ @ @ @ @ @ For reasons not fully understood , the moth caterpillars literally ate several the basin ’ s oldest and most venerable aspens to death .
The sheer number of the caterpillars combined with their voracious appetites meant entire trees were shorn of their leaves by the end of June 2018 .
“ They cleaned off every tree between Marlette and Spooner Lake , ” Richardson said .
“ It looked like winter in the middle of summer.
” The cause of the infestation is still up in the air .
“ There were so @ @ @ @ @ @ @ myself if our restoration project provided access , ” Coppeto said .
“ But maybe the site restoration just allowed us to see the trees and get a hold of the problem for the first time.
” Richardson said there is some speculation that there are genetic components to the problem , particularly as one evaluates the stands and finds several trees utterly ravaged and others virtually untouched .
There is anecdotal evidence that aspens scorched by past wildfires are more resistant to the depredations of the moth .
“ Maybe the scorch @ @ @ @ @ @ @ that helps the trees defend themselves , ” Richardson said .
For now , Richardson and Coppeto have a cornucopia of maybes but not much in the way of clear answers .
The good news is that the summer of 2018 was by far the worst for aspen and the moth .
Last year saw another round of white satin moths in the stands but nowhere near the levels observed the previous year .
Scientists are still aching to get out into the field this year , but Covid-19 means many of the @ @ @ @ @ @ @ are prevented from doing research .
A purely unscientific jaunt into the backcountry executed recently did not show legions of caterpillars devouring the leaves off the remaining aspen trees , but it was only one part of the basin and it was still early in the season .
Regardless of whether future outbreaks are as lethal to individual trees and detrimental to the aspen stands that fleck the Tahoe Basin , scientists are eager to study why some individual trees fare better .
The fate of biodiversity in the Tahoe Basin hangs in @ @ @ @ @ @ @ around 2 % of the ecosystem in forest communities in the Lake Tahoe Basin , but they support more biodiversity than any other upland type , ” Coppeto said .
But it ’ s more than just ecosystems and food webs — humans love the trees too .
“ They are just beautifully aesthetic , ” Coppeto said .
“ They serve a niche in human society and are welcome to those of us who come to the mountains in the fall to see them change colors.
” The aspen stands still pervade @ @ @ @ @ @ @ but this fall , that curtain of shimmering gold will have a few holes in it thanks to the white satin moth .

The fate of biodiversity in the Tahoe Basin hangs in the balance as the resilient aspen trees are threatened by a new foe.
(CN) — On the Nevada side of Lake Tahoe, situated off the shoulder of Spooner Pass that connects South Lake Tahoe to Carson City in the valley below, an old reservoir doesn’t seem like the type of place tourists would glom on to during the height of tourism season.
In fact, during the summer, the parking lot at the Nevada state park that affords access to Spooner Lake is often half or three-quarters full, as most visitors flock to Tahoe to stake a claim on the shores of North America’s largest alpine lake.
But the arrival of autumn brings a different story: the story of aspen.
Between Spooner Lake and Marlette Lake — located in the middle of the Carson Range that flanks the East Shore — lies a bevy of aspen stands that slough off their green come early October and put on the gold.
The creek-riven gully that connects Spooner and Marlette is called the North Canyon, which is home to some of the most spectacular aspen stands in all the Sierra Nevada.
The sight of innumerable topaz leaves trembling in the declining autumn sun is one reason the tourist season that used to run in the summer and then the winter is now bleeding into fall.
But another sight among the aspen trees is giving natural resource managers in the Lake Tahoe Basin pause.
In June 2018, scientists first noticed that aspen trees around the basin were looking more defoliated than usual — a fancy way of saying the beautiful trees were losing their leaves at an unusual rate.
“It was concerning because, from a landscape diversity perspective, aspens are so priceless in terms of what they contribute up here,” said Will Richardson, executive director of the Tahoe Institute for Natural Science.
While not a large share of Tahoe’s tree species, which is dominated by 11 species of conifer, the aspen is home to a wide array of bird and insect species that rely on the trees for habitat, food and other benefits.
Aspens in the North Canyon between Spooner Lake and Marlette Lake near Lake Tahoe put on their fall colors. (Courthouse News photo / Matthew Renda)
So the signs of major leaf loss at the aspen stand in the North Canyon were disturbing, particularly as land managers in the basin had been undertaking strenuous and expensive efforts to restore aspen stands around the Lake Tahoe Basin as conifer trees began to encroach on their habitat and shade them out.
“I was walking around with some colleagues in the summer of 2018 and it became immediately clear the stand was not looking as good as the last couple of years and so I wondered ‘What are we doing wrong here?’” said Stephanie Coppeto, a forest wildlife biologist with the U.S. Forest Service.
Coppeto runs forest restoration projects intended to improve the health of aspen stands in the basin and recalls being dismayed at the sight of so many sick trees just months after taking steps to ensure their health.
“That’s when we found the caterpillars,” Coppeto said. “I thought, ‘This is a bad sign.’”
The caterpillars were later identified as the larva of the white satin moth, a medium-sized moth with white translucent wings. The moth is native to Europe but has been in North America since at least the 1920s.
“They got established in New England pretty quick,” said Richardson. “They were slow to expand in the American West, but they did work their way down from British Columbia and then east into Idaho and Montana before they circled back through Nevada and arrived in Tahoe.”
Aspen trees are one of the most successful deciduous trees for a reason, including having many adaptations that allow them to live in conifer-dominate forests. But also because they have biological mechanisms for fending off noxious insects.
“In most places, the aspen has grown quite used to the moths,” Richardson said. “Here they are not.”
For reasons not fully understood, the moth caterpillars literally ate several the basin’s oldest and most venerable aspens to death. The sheer number of the caterpillars combined with their voracious appetites meant entire trees were shorn of their leaves by the end of June 2018.
“They cleaned off every tree between Marlette and Spooner Lake,” Richardson said. “It looked like winter in the middle of summer.”
The cause of the infestation is still up in the air.
“There were so many caterpillars and I had to ask myself if our restoration project provided access,” Coppeto said. “But maybe the site restoration just allowed us to see the trees and get a hold of the problem for the first time.”
An aspen trunk shows the carvings from Basque shepherds who used to roam the Lake Tahoe Basin at the beginning of the 20th century. (Courthouse News photo / Matthew Renda)
Richardson said there is some speculation that there are genetic components to the problem, particularly as one evaluates the stands and finds several trees utterly ravaged and others virtually untouched.
There is anecdotal evidence that aspens scorched by past wildfires are more resistant to the depredations of the moth.
“Maybe the scorch kicks out some kind of secondary compound that helps the trees defend themselves,” Richardson said.
For now, Richardson and Coppeto have a cornucopia of maybes but not much in the way of clear answers.
The good news is that the summer of 2018 was by far the worst for aspen and the moth. Last year saw another round of white satin moths in the stands but nowhere near the levels observed the previous year.
Scientists are still aching to get out into the field this year, but Covid-19 means many of the researchers who work for the federal government are prevented from doing research.
A purely unscientific jaunt into the backcountry executed recently did not show legions of caterpillars devouring the leaves off the remaining aspen trees, but it was only one part of the basin and it was still early in the season.
Regardless of whether future outbreaks are as lethal to individual trees and detrimental to the aspen stands that fleck the Tahoe Basin, scientists are eager to study why some individual trees fare better.
The fate of biodiversity in the Tahoe Basin hangs in the balance.
“Aspen trees represent around 2% of the ecosystem in forest communities in the Lake Tahoe Basin, but they support more biodiversity than any other upland type,” Coppeto said.
But it’s more than just ecosystems and food webs — humans love the trees too.
“They are just beautifully aesthetic,” Coppeto said. “They serve a niche in human society and are welcome to those of us who come to the mountains in the fall to see them change colors.”
The aspen stands still pervade in the North Canyon for now, but this fall, that curtain of shimmering gold will have a few holes in it thanks to the white satin moth.


courthousenews--2020-07-19--Facing Uncertain Fall, Schools Make Flexible Reopening Plans

MANCHESTER , Mo .
( AP ) — Administrators in the Parkway school district in suburban St. Louis spent the summer break crafting a flexible reopening plan , with options including full-time classroom learning , full-time online instruction and a hybrid system .
It ’ s a good thing because the dangers of the coronavirus are still so uncertain that district officials are reluctant to make predictions about the fall semester , even though it is supposed to begin in only five weeks .
While confirmed coronavirus infections in Missouri ’ s hardest-hit city waned in June , they are @ @ @ @ @ @ @ Schools plan to resume classes Aug. 24 .
“ If you had asked me even two weeks ago , ‘ Do you think we would be able to come back ?
, ’ I would have said , ‘ Yeah , ' ” Assistant Superintendent Kevin Beckner said .
“ Today , my answer is , ‘ I ’ m not sure , ’ just because of how the situation has changed so quickly.
” Schools around the U.S. face the same dilemma .
With the number of reported COVID-19 cases and deaths @ @ @ @ @ @ @ whether to bring students back to classrooms , and how to keep pupils and teachers safe if they do .
Pressure is mounting in many areas to reopen classrooms .
President Donald Trump has urged schools to bring children back to class in the fall and has threatened to cut off federal funding if they do not .
“ Young people have to go to school , and there ’ s problems when you don ’ t go to school , too , ” Trump said in an interview aired Sunday on Fox @ @ @ @ @ @ @ going to be a funding problem because we ’ re not going to fund when they don ’ t open their schools.
” The Republican president blamed Democrats for the push to keep some states and schools closed .
“ We got hit with the virus — shouldn ’ t have happened — and we had to close up .
We saved millions of lives , ” Trump said .
“ Now we ’ ve opened it up , got to go back to school.
” The Parkway district on Monday is scheduled @ @ @ @ @ @ @ , but it will remain ready to pivot quickly if the spread worsens or the outlook improves , Beckner said .
“ Even if we are able to bring back all of our students , it won ’ t look the same as it was in February , ” Beckner said .
“ There will be more hand-washing .
There will be more restrictions on how we ’ re able to do things like lunch , like recess.
” Signs will encourage social distancing , and desks will be spaced farther apart .
@ @ @ @ @ @ @ students , instructors and staff .
Some teachers will wear masks with clear coverings so students who are deaf or hard of hearing can follow what they are saying .
Times will be scheduled for hand washing and using hand sanitizer .
Plexiglass will separate librarians , office staff and teachers interacting one-on-one with students .
A nurse will perform contact tracing on confirmed cases .
At East Brainerd Elementary in Chattanooga , Tennessee , third-grade teacher Leigh Grady is preparing to return to a repurposed school and a new world .
“ @ @ @ @ @ @ @ hot mess express , ” she said .
“ I can ’ t even wrap my mind fully around what it ’ s going to look like.
” Face masks will be mandatory for staff and all but the youngest students .
Seating will be assigned on buses , and lunches served in classrooms .
Water fountains will be off limits , and restrooms will be disinfected “ after each class goes as a group.
” If a teacher or student tests positive for the virus , schools will shut down for 48 @ @ @ @ @ @ @ is working with a staffing agency to line up substitutes .
If a rise in confirmed cases warrants it , schools will operate under more restrictive measures , with students taking turns spending part of the week at school and part at home .
“ All it ’ s going to take is one kid with a positive test , and that will shut everything down , ” she said .
As of Sunday , there have been 3.7 million confirmed COVID-19 cases and more than 140,000 deaths in the United States , @ @ @ @ @ @ @ .
Grady said her own children will be attending 10th and 12th grade in person , and she ’ s comfortable with that if schools stick to the safety plan .
“ I need them to be at school , ” she said .
“ I need them to be around other people.
” By JIM SALTER and HOLLY RAMER Associated Press

Administrators in the Parkway school district in suburban St. Louis spent the summer break crafting a flexible reopening plan, with options including full-time classroom learning, full-time online instruction and a hybrid system.
MANCHESTER, Mo. (AP) — Administrators in the Parkway school district in suburban St. Louis spent the summer break crafting a flexible reopening plan, with options including full-time classroom learning, full-time online instruction and a hybrid system.
It's a good thing because the dangers of the coronavirus are still so uncertain that district officials are reluctant to make predictions about the fall semester, even though it is supposed to begin in only five weeks. While confirmed coronavirus infections in Missouri's hardest-hit city waned in June, they are now spiking, along with hospitalizations. Schools plan to resume classes Aug. 24.
"If you had asked me even two weeks ago, 'Do you think we would be able to come back?,' I would have said, 'Yeah,'" Assistant Superintendent Kevin Beckner said. "Today, my answer is, 'I'm not sure,' just because of how the situation has changed so quickly."
Schools around the U.S. face the same dilemma. With the number of reported COVID-19 cases and deaths still rising, districts must grapple with whether to bring students back to classrooms, and how to keep pupils and teachers safe if they do.
Pressure is mounting in many areas to reopen classrooms. President Donald Trump has urged schools to bring children back to class in the fall and has threatened to cut off federal funding if they do not.
"Young people have to go to school, and there's problems when you don't go to school, too," Trump said in an interview aired Sunday on Fox News. "And there's going to be a funding problem because we're not going to fund when they don't open their schools."
The Republican president blamed Democrats for the push to keep some states and schools closed.
"We got hit with the virus — shouldn't have happened — and we had to close up. We saved millions of lives," Trump said. "Now we've opened it up, got to go back to school."
The Parkway district on Monday is scheduled to announce its plans for the fall, but it will remain ready to pivot quickly if the spread worsens or the outlook improves, Beckner said.
"Even if we are able to bring back all of our students, it won't look the same as it was in February," Beckner said. "There will be more hand-washing. There will be more restrictions on how we're able to do things like lunch, like recess."
Signs will encourage social distancing, and desks will be spaced farther apart. Face coverings will be required for all students, instructors and staff. Some teachers will wear masks with clear coverings so students who are deaf or hard of hearing can follow what they are saying.
Times will be scheduled for hand washing and using hand sanitizer. Plexiglass will separate librarians, office staff and teachers interacting one-on-one with students. A nurse will perform contact tracing on confirmed cases.
At East Brainerd Elementary in Chattanooga, Tennessee, third-grade teacher Leigh Grady is preparing to return to a repurposed school and a new world.
"It's going to be a hot mess express," she said. "I can't even wrap my mind fully around what it's going to look like."
Face masks will be mandatory for staff and all but the youngest students. Seating will be assigned on buses, and lunches served in classrooms. Water fountains will be off limits, and restrooms will be disinfected "after each class goes as a group."
If a teacher or student tests positive for the virus, schools will shut down for 48 to 72 hours, and the county is working with a staffing agency to line up substitutes.
If a rise in confirmed cases warrants it, schools will operate under more restrictive measures, with students taking turns spending part of the week at school and part at home.
"All it's going to take is one kid with a positive test, and that will shut everything down," she said.
As of Sunday, there have been 3.7 million confirmed Covid-19 cases and more than 140,000 deaths in the United States, according to a tally by Johns Hopkins.
Grady said her own children will be attending 10th and 12th grade in person, and she's comfortable with that if schools stick to the safety plan.
"I need them to be at school," she said. "I need them to be around other people."
By JIM SALTER and HOLLY RAMER Associated Press


Alex Azar

SEATTLE — Washington state sued Health and Human Services Secretary Alex Azar in federal court , for “ strip ( @ @ @ @ @ sex stereotyping and gender identity from the definition of prohibited sex discrimination ” in a @ @ @ @ @ , four days after the U.S. Supreme Court ruled , in Bostock v. Clayton County @ @ @ @ @ the basis of sexual orientation or transgender status is unlawful discrimination because of sex .
@

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.


Chokehold

MILWAUKEE — José and Maribel Acevedo sued the Milwaukee Police Department in Milwaukee County Court for police body cam videos @ @ @ @ @ an April 19 incident in which Milwaukee police allegedly choked their son to death .


Vote Suppression

ANCHORAGE — The Disability Law Center of Alaska , the Native Peoples Action Community Fund et al .
sued Alaska @ @ @ @ @ its rule that only Alaskans 65 years old and older can vote by mail is @ @ @


Sapphires

GREAT FALLS , Mont .
— Roncor sued Blue Ice Sapphire Mining , The Gem Gallery , Yogo Mining Co. @ @ @ @ @ court , claiming they conspired to dig a tunnel into a Roncor mine in Montana @ @ @ @ @ and sell them , for “ millions of dollars .
”


Apple Class Action

SAN JOSE — A federal class action against Apple claims it aids and abets , unjustly profits from and abuses @ @ @ @ @ iTunes gift card scam , ” in which “ ( s ) cammers have found @ @ @ @ @ victims into paying them large sums of money via iTunes gift cards , ” from @ @ @ @ @ % commission .


courthousenews--2020-07-21--States, Environmentalists Sue Feds Over Planned Coal Leases

( CN ) — A large coalition of states , environmental organizations and the Northern Cheyenne Tribe have filed fresh challenges against the Trump administration ’ s decision to open millions of acres of public lands up for new coal leasing and mining .
Environmentalists including the Citizens for Clean Energy , Center for Biological Diversity and the Sierra Club sued the U.S. Department of the Interior and Bureau of Land Management as part of an ongoing dispute that began in 2017 over the government ’ s decision to open up public lands to coal leasing .
California , Washington @ @ @ @ @ @ @ took similar action Monday as well .
The dispute stems from a decision by then-Interior Secretary Ryan Zinke who , acting under an executive order signed by President Trump , lifted a moratorium on coal leasing on public lands enacted by the Obama administration .
The Zinke order , issued just over two months into Trump ’ s presidency in March 2017 , claimed that “ the public interest is not served by halting the federal coal program for an extended time.
” Environmentalists and others say the government lifted the Obama-era pause @ @ @ @ @ @ @ on how the decision would influence the environment , in violation of the National Environmental Policy Act ( NEPA ) .
The dispute ultimately came to a head in 2019 , when U.S. District Judge Brian Morris , a Barack Obama appointee , found that the government had failed to carry out a proper analysis .
In response , the Trump administration promised to fix the issues outlined by the judge .
This past May , however , during a hearing on the adequacy of the government ’ s environmental follow-up , environmental @ @ @ @ @ @ @ was still not enough and did not pass muster under NEPA .
Shortly afterwards , Morris sided with the federal government regarding its environmental analysis — with a crucial caveat .
While Morris found that government had satisfied its duty under NEPA by completing the environmental analysis , he didn ’ t evaluate the government ’ s findings .
Instead , he said the environmentalists could continue to challenge the content of the analysis to ensure that it complies with the proper regulations — which is exactly what environmental groups did on Monday @ @ @ @ @ @ @ this very rushed , quite truncated environmental analysis , and now we ’ re saying look , they didn ’ t comply with the law in 2017 ; they ’ re still not complying with the law , ” Jenny Harbine , attorney at the Earthjustice Legal Defense Fund , said during a phone interview .
The groups claim the assessment by the government was inadequate on several levels .
For one , they say the analysis only looked at four coal leases that the Bureau of Land Management had previously issued before @ @ @ @ @ @ @ cause any significant environmental harm .
They also say the Bureau of Land Management did not give a good look at other related coal-leasing activities across a 570-million-acre federal mineral estate that accounts for roughly 255 billion tons of mineable coal .
Harbine said that as a result of these shortcomings , the best path forward is to bring back the coal leasing moratorium until the government can properly justify its leasing decisions .
“ The appropriate response is to reinstate the federal coal leasing moratorium , unless and until this administration and @ @ @ @ @ @ @ a rational justification for continuing to allow the coal industry to profit off of our federal public lands in way that harms public health .
We don ’ t think that there is a rational justification , but that is the administration ’ s job.
” Harbine said that ultimately the lawsuit is about the federal government taking its responsibility to the environment seriously and moving toward an end to coal mining on public land for the sake of our environmental health .
“ It ’ s our belief , that is supported @ @ @ @ @ @ @ t continue to take fossil fuels out of our federal public lands and convert them to harmful climate pollution , ” Harbine said .
“ To have any kind of rational nation response to avert a climate catastrophe , we have to make the very reasonable decision to stop mining coal from our federal public lands .
That is our endgame.
” An Interior Department spokesperson did not immediately respond to a request for comment by press time .

A large coalition of states, environmental organizations and the Northern Cheyenne Tribe have filed fresh challenges against the Trump administration’s decision to open millions of acres of public lands up for new coal leasing and mining.
(CN) — A large coalition of states, environmental organizations and the Northern Cheyenne Tribe have filed fresh challenges against the Trump administration’s decision to open millions of acres of public lands up for new coal leasing and mining.
Environmentalists including the Citizens for Clean Energy, Center for Biological Diversity and the Sierra Club sued the U.S. Department of the Interior and Bureau of Land Management as part of an ongoing dispute that began in 2017 over the government’s decision to open up public lands to coal leasing. California, Washington state, New Mexico and New York took similar action Monday as well.
The dispute stems from a decision by then-Interior Secretary Ryan Zinke who, acting under an executive order signed by President Trump, lifted a moratorium on coal leasing on public lands enacted by the Obama administration. The Zinke order, issued just over two months into Trump’s presidency in March 2017, claimed that “the public interest is not served by halting the federal coal program for an extended time.”
Environmentalists and others say the government lifted the Obama-era pause without preparing the required environmental impact statement on how the decision would influence the environment, in violation of the National Environmental Policy Act (NEPA).
The dispute ultimately came to a head in 2019, when U.S. District Judge Brian Morris, a Barack Obama appointee, found that the government had failed to carry out a proper analysis. In response, the Trump administration promised to fix the issues outlined by the judge.
This past May, however, during a hearing on the adequacy of the government’s environmental follow-up, environmental groups argued the government’s response was still not enough and did not pass muster under NEPA.
Shortly afterwards, Morris sided with the federal government regarding its environmental analysis — with a crucial caveat.
While Morris found that government had satisfied its duty under NEPA by completing the environmental analysis, he didn’t evaluate the government’s findings. Instead, he said the environmentalists could continue to challenge the content of the analysis to ensure that it complies with the proper regulations — which is exactly what environmental groups did on Monday.
“The administration has put together this very rushed, quite truncated environmental analysis, and now we’re saying look, they didn’t comply with the law in 2017; they’re still not complying with the law,” Jenny Harbine, attorney at the Earthjustice Legal Defense Fund, said during a phone interview.
The groups claim the assessment by the government was inadequate on several levels. For one, they say the analysis only looked at four coal leases that the Bureau of Land Management had previously issued before concluding that the disputed leases did not cause any significant environmental harm.
They also say the Bureau of Land Management did not give a good look at other related coal-leasing activities across a 570-million-acre federal mineral estate that accounts for roughly 255 billion tons of mineable coal.
Harbine said that as a result of these shortcomings, the best path forward is to bring back the coal leasing moratorium until the government can properly justify its leasing decisions.
“The appropriate response is to reinstate the federal coal leasing moratorium, unless and until this administration and the federal government can really put forward a rational justification for continuing to allow the coal industry to profit off of our federal public lands in way that harms public health. We don’t think that there is a rational justification, but that is the administration’s job.”
Harbine said that ultimately the lawsuit is about the federal government taking its responsibility to the environment seriously and moving toward an end to coal mining on public land for the sake of our environmental health.
“It’s our belief, that is supported by science, that we can’t continue to take fossil fuels out of our federal public lands and convert them to harmful climate pollution,” Harbine said. “To have any kind of rational nation response to avert a climate catastrophe, we have to make the very reasonable decision to stop mining coal from our federal public lands. That is our endgame.”
An Interior Department spokesperson did not immediately respond to a request for comment by press time.


courthousenews--2020-07-21--Stanford Researcher Accused of Being Active Member of Chinese Military

( CN ) — Federal authorities in San Francisco have arrested a Chinese woman and charged her with concealing her relationship with the Chinese military in order to conduct research with Stanford University .
The federal government charged Chen Song , 38 , with visa fraud in a criminal complaint filed on Friday and made public on Monday , saying the scientist obtained a visa to work and study in the United States only after lying about her affiliation with a research hospital in Beijing and hiding her work for the People ’ s Liberation Army .
“ I believe @ @ @ @ @ @ @ claimed no association with the PLA Air Force and could not provide articulable reasons to explain her continued affiliation with elements of the Chinese military , ” said FBI agent Joyce Blalock in an affidavit released Monday .
Song was studying neurological disorders at Stanford University with a focus on myasthenia gravis , a disorder that causes weakness in the skeletal muscles that can impair movement and function .
When Song first came to the United States in 2018 , she said she had worked previously as a researcher at Beijing Diaoyutai Hospital @ @ @ @ @ @ @ FBI found recent pictures of Song with a military ID that contradicted her statement on a visa application that she had disassociated from the Chinese military after graduating from the Fourth Military Medical University in 2011 .
She also has published studies from her time in China that are available via the internet that demonstrate she was working for a research organization subordinate to the Chinese Air Force , the affidavit said .
When confronted with the picture , Song told the FBI that she would invoke her right to stay silent , @ @ @ @ @ @ @ served a warrant , they found a letter Song attempted to delete from her computer that admitted she had been using a false resume with Diaoyutai Hospital as a front for research she conducted as part of the Chinese military .
Song appeared before U.S. Magistrate Judge Sallie Kim on Monday .
If convicted of visa fraud , Song faces up to 10 years in prison and a maximum of $ 250,000 in fines .
She lives in the United States with her daughter but had talked recently of returning to China for @ @ @ @ @ @ @ case comes as international tensions between the United States and China continue to increase .
President Donald Trump signed an executive order last week ending the special relationship status between the United States and Hong Kong as China passed a new harsh security law and looks to end the city ’ s autonomy .
The United States government has also passed laws rebuking the Chinese government for its treatment of the Uyghur Muslim population in the country ’ s remote west .
The country responded by issuing sanctions on Senators Marco Rubio and @ @ @ @ @ @ @ countries are also embroiled in disputes over maritime territorial claims in the South China Sea , with the United States refusing to recognize China ’ s claims in large swaths of the 1.3 million square miles of ocean .
Increasing attention has been given to Chinese nationals and their possible infiltration of American research universities , as Song is just the latest in a string of arrests of Chinese nationals accused of visa fraud or outright spying for the Chinese government .
Song has not been accused of spying but of misrepresenting her @ @ @ @ @ @ @ in 2018 .

Federal authorities in San Francisco have arrested a Chinese woman and charged her with concealing her relationship with the Chinese military in order to conduct research with Stanford University.
(CN) — Federal authorities in San Francisco have arrested a Chinese woman and charged her with concealing her relationship with the Chinese military in order to conduct research with Stanford University.
The federal government charged Chen Song, 38, with visa fraud in a criminal complaint filed on Friday and made public on Monday, saying the scientist obtained a visa to work and study in the United States only after lying about her affiliation with a research hospital in Beijing and hiding her work for the People’s Liberation Army.
“I believe that Song was intentionally misleading when she claimed no association with the PLA Air Force and could not provide articulable reasons to explain her continued affiliation with elements of the Chinese military,” said FBI agent Joyce Blalock in an affidavit released Monday.
Song was studying neurological disorders at Stanford University with a focus on myasthenia gravis, a disorder that causes weakness in the skeletal muscles that can impair movement and function.
When Song first came to the United States in 2018, she said she had worked previously as a researcher at Beijing Diaoyutai Hospital, according to the affidavit. The FBI found recent pictures of Song with a military ID that contradicted her statement on a visa application that she had disassociated from the Chinese military after graduating from the Fourth Military Medical University in 2011.
She also has published studies from her time in China that are available via the internet that demonstrate she was working for a research organization subordinate to the Chinese Air Force, the affidavit said.
When confronted with the picture, Song told the FBI that she would invoke her right to stay silent, according to Blalock.
After the FBI served a warrant, they found a letter Song attempted to delete from her computer that admitted she had been using a false resume with Diaoyutai Hospital as a front for research she conducted as part of the Chinese military.
Song appeared before U.S. Magistrate Judge Sallie Kim on Monday.
If convicted of visa fraud, Song faces up to 10 years in prison and a maximum of $250,000 in fines. She lives in the United States with her daughter but had talked recently of returning to China for her daughter’s education.
The case comes as international tensions between the United States and China continue to increase.
President Donald Trump signed an executive order last week ending the special relationship status between the United States and Hong Kong as China passed a new harsh security law and looks to end the city’s autonomy.
The United States government has also passed laws rebuking the Chinese government for its treatment of the Uyghur Muslim population in the country’s remote west. The country responded by issuing sanctions on Senators Marco Rubio and Ted Cruz and others.
The two countries are also embroiled in disputes over maritime territorial claims in the South China Sea, with the United States refusing to recognize China’s claims in large swaths of the 1.3 million square miles of ocean.
Increasing attention has been given to Chinese nationals and their possible infiltration of American research universities, as Song is just the latest in a string of arrests of Chinese nationals accused of visa fraud or outright spying for the Chinese government.
Song has not been accused of spying but of misrepresenting her work history on a visa application submitted in 2018.


courthousenews--2020-07-20--Pandemic Forces Delay of Theranos Fraud Trial

( CN ) — Since the parties first met to discuss the schedule for the high-profile trial of Elizabeth Holmes , the disgraced former founder and CEO of the now-defunct biotech firm Theranos , U.S. District Court Judge Edward Davila has pushed for an aggressive schedule .
Despite volumes of discovery and their attendant disputes , Davila wanted the trial to start late summer , early fall .
The ambitious date was pushed back into October as concerns about summer vacations prompting a dwindling jury pool won out .
But that schedule is all but officially out because of the @ @ @ @ @ @ @ to wait until next year for one of the most eagerly anticipated high-profile trials on the docket .
“ I have a great reluctance to summon members of the community and invite them to sit in confined areas for lengthy periods of time when the public health situation so greatly affects them and their families , ” Davila said .
With that , he agreed with both parties that carrying out a three-month trial with a prosecution witness-list already hovering at 170 people is simply not feasible as cases of coronavirus and deaths @ @ @ @ @ @ @ .
“ In California , the pandemic has gotten worse , ” said Lance Wade , attorney for Elizabeth Holmes .
“ Out of the four counties that would provide the jury pool , three of them are on the monitoring list.
” Wade has consistently opposed the aggressive schedule and said the current trial date of Oct. 27 is infeasible for a number of reasons .
It ’ s not solely problems with finding and retaining jurors and then keeping them healthy for a protracted length of time during a complex and @ @ @ @ @ @ @ up the trial , like serving potential witnesses with subpoenas is fraught in the time of Covid-19 , he said .
“ Even hearing a knock on the door during these times can be unsettling , ” Wade said .
“ If the knock is from a process server it is particularly unsettling.
” Wade said the trial should start next April when hopes that a vaccine and other therapeutics capable of rendering the coronavirus into a less threatening disease may have materialized .
A trial date set for April 2021 also allows @ @ @ @ @ @ @ at the U.S. Center for Disease Control recently said they anticipate difficult times in the fall as the flu season commences , with a greater burden on testing sites as people with all types of sickness will demand testing .
U.S. Attorney Robert Leach said April is too far out and suggested a February start date .
Davila seemed to embrace that suggestion more readily .
The federal judge also made it clear he wants the work on settling discovery disputes and other trial preparation matters to continue apace even in light of @ @ @ @ @ @ @ what would happen is that all the work gets done so that we are waiting for a safe time to start and not waiting for the work to get done , ” Davila said .
All sides pledged to move forward as though the trial were still set to go on Oct. 27 .
The federal government has accused Holmes and her right-hand man , Ramesh Balwani , of engaging in multiple acts of fraud by misleading investors and customers regarding the effectiveness of a blood-testing technology that could purportedly give individuals lab @ @ @ @ @ @ @ .
Holmes ’ alleged exploits and fall from grace — Forbes recognized her as the world ’ s youngest self-made billionaire in 2014 — have fascinated the general public , and provided enough fodder for a book , podcast series and two competing documentaries .
Holmes and Balwani face two charges of conspiracy to commit wire fraud and nine separate counts of wire fraud that could carry a maximum of 20 years in prison and $ 2.7 million in fines if they are convicted .
They are being tried separately .
Balwani is @ @ @ @ @ @ @ April 2021 .
Holmes founded Theranos in 2003 and soon attracted a who ’ s who of investors and backers .
Washington heavyweights George Shultz , Henry Kissinger and Jim Mattis served on the company ’ s board .
The health technology entrepreneur ’ s empire began to unravel in 2016 after John Carreyrou of the Wall Street Journal wrote the first of several articles questioning the validity of Theranos ’ blood-testing technology .
Holmes , Balwani and others associated with the company proclaimed their blood tests could give reliable results to customers @ @ @ @ @ @ @ .
In fact , the test could only produce results related to a narrow range of health metrics and suffered from reliability issues .
When Carreyrou wrote his first article in October 2015 , Holmes was worth an estimated $ 4.5 billion .
By June of the following year , she was virtually bankrupt .
The company has since been liquidated .
Prosecutors say Holmes and Balwani , who were previously in a romantic relationship , spent years lying about the capability of their blood-testing technology , defrauding investors , board members and @ @ @ @ @ @ @ the Cleveland Clinic .

Since the parties first met to discuss the schedule for the high-profile trial of Elizabeth Holmes, the disgraced former founder and CEO of the now-defunct biotech firm Theranos, U.S. District Court Judge Edward Davila has pushed for an aggressive schedule.
(CN) — Since the parties first met to discuss the schedule for the high-profile trial of Elizabeth Holmes, the disgraced former founder and CEO of the now-defunct biotech firm Theranos, U.S. District Court Judge Edward Davila has pushed for an aggressive schedule.
Despite volumes of discovery and their attendant disputes, Davila wanted the trial to start late summer, early fall. The ambitious date was pushed back into October as concerns about summer vacations prompting a dwindling jury pool won out.
But that schedule is all but officially out because of the coronavirus, meaning the public will have to wait until next year for one of the most eagerly anticipated high-profile trials on the docket.
“I have a great reluctance to summon members of the community and invite them to sit in confined areas for lengthy periods of time when the public health situation so greatly affects them and their families,” Davila said.
With that, he agreed with both parties that carrying out a three-month trial with a prosecution witness-list already hovering at 170 people is simply not feasible as cases of coronavirus and deaths from Covid-19 continue to mount in California.
“In California, the pandemic has gotten worse,” said Lance Wade, attorney for Elizabeth Holmes. “Out of the four counties that would provide the jury pool, three of them are on the monitoring list.”
Wade has consistently opposed the aggressive schedule and said the current trial date of Oct. 27 is infeasible for a number of reasons. It’s not solely problems with finding and retaining jurors and then keeping them healthy for a protracted length of time during a complex and difficult trial.
Even the work leading up the trial, like serving potential witnesses with subpoenas is fraught in the time of Covid-19, he said.
“Even hearing a knock on the door during these times can be unsettling,” Wade said. “If the knock is from a process server it is particularly unsettling.”
Wade said the trial should start next April when hopes that a vaccine and other therapeutics capable of rendering the coronavirus into a less threatening disease may have materialized. A trial date set for April 2021 also allows for flu season to pass.
Officials at the U.S. Center for Disease Control recently said they anticipate difficult times in the fall as the flu season commences, with a greater burden on testing sites as people with all types of sickness will demand testing.
U.S. Attorney Robert Leach said April is too far out and suggested a February start date. Davila seemed to embrace that suggestion more readily.
The federal judge also made it clear he wants the work on settling discovery disputes and other trial preparation matters to continue apace even in light of a later trial date.
“Ideally what would happen is that all the work gets done so that we are waiting for a safe time to start and not waiting for the work to get done,” Davila said.
All sides pledged to move forward as though the trial were still set to go on Oct. 27.
The federal government has accused Holmes and her right-hand man, Ramesh Balwani, of engaging in multiple acts of fraud by misleading investors and customers regarding the effectiveness of a blood-testing technology that could purportedly give individuals lab results from a single drop of blood.
Holmes’ alleged exploits and fall from grace — Forbes recognized her as the world’s youngest self-made billionaire in 2014 — have fascinated the general public, and provided enough fodder for a book, podcast series and two competing documentaries.
Holmes and Balwani face two charges of conspiracy to commit wire fraud and nine separate counts of wire fraud that could carry a maximum of 20 years in prison and $2.7 million in fines if they are convicted. They are being tried separately.
Balwani is currently slated to be in court in April 2021.
Holmes founded Theranos in 2003 and soon attracted a who’s who of investors and backers. Washington heavyweights George Shultz, Henry Kissinger and Jim Mattis served on the company’s board.
The health technology entrepreneur's empire began to unravel in 2016 after John Carreyrou of the Wall Street Journal wrote the first of several articles questioning the validity of Theranos’ blood-testing technology.
Holmes, Balwani and others associated with the company proclaimed their blood tests could give reliable results to customers based on a prick of a finger. In fact, the test could only produce results related to a narrow range of health metrics and suffered from reliability issues.
When Carreyrou wrote his first article in October 2015, Holmes was worth an estimated $4.5 billion. By June of the following year, she was virtually bankrupt.
The company has since been liquidated.
Prosecutors say Holmes and Balwani, who were previously in a romantic relationship, spent years lying about the capability of their blood-testing technology, defrauding investors, board members and corporate partners like Safeway, Walgreens and the Cleveland Clinic.


courthousenews--2020-07-20--Audit Finds Orange County Prosecutors Botched Case Against Mass Killer

( CN ) — Orange County , California , prosecutors mishandled the case against the area ’ s deadliest mass murderer , secretly using jailhouse snitches and violating discovery laws , according to a wide-ranging review into prosecutorial misconduct released Monday by the county ’ s district attorney .
On Oct. 12 , 2011 , Scott Evans Dekraai donned body armor , walked into a Seal Beach hair salon and fatally shot his ex-wife Michelle Fournier , six of her co-workers and customers and one man sitting in a car outside the salon .
The incident would become Orange County @ @ @ @ @ @ @ ninth victim , a woman who was also shot by Dekraai , survived the massacre .
Law enforcement arrested Dekraai shortly after the shooting and later booked him into Orange County Jail .
Then-Orange County District Attorney Tony Rackauckas pushed for the death penalty .
But the capital punishment strategy collapsed after information about the secret use of jailhouse informants was uncovered by Assistant Public Defender Scott Sanders .
Sanders filed a motion laying out evidence that informants were used in violation of constitutional rights of defendants prosecuted by the DA ’ s @ @ @ @ @ @ @ Thomas Goethals agreed with Sanders , finding information about defendants and jailhouse snitches was improperly withheld from defense attorneys .
The scandal resulted in new trials or new sentences in several high-profile cases .
In March 2015 , Goethals barred the entire Orange County DA ’ s office from prosecuting the case against Dekraai .
The judge found the office had a conflict of interest between its duty to justice and its loyalty to the sheriff ’ s department , which operates the county jail .
The California Attorney General ’ s Office @ @ @ @ @ @ @ the death penalty , instead sentencing Dekraai , a former tugboat operator , to life in prison without possibility of parole .
Monday ’ s report by a special counsel for the DA ’ s office found that prosecutors lacked oversight by administrators and their actions denied the victims and their families full justice through the criminal legal system .
“ The lack of supervision by OCDA executives over high-profile cases including Dekraai during the prior administration resulted in OCDA prosecutors trying these cases without adequate oversight , including the lack of discussion @ @ @ @ @ @ @ the use of confidential informants , ” the report states .
Current Orange County District Attorney Todd Spitzer ’ s office said in a statement Monday that the use of a confidential informant in Dekraai ’ s case was not only unnecessary , it was “ detrimental to achieving justice.
” “ Prosecutors were so concerned that Dekraai would claim insanity and escape the death penalty as Edward Charles Allaway did when he committed Orange County ’ s largest mass murder to date in 1976 that they used a confidential informant to obtain @ @ @ @ @ @ @ ’ s office said .
Investigators recommended “ severe disciplinary action ” against the two prosecutors at the center of the initial case .
However , they resigned from their positions at the DA ’ s office before the investigation was completed and are now outside its purview .
The report is based on a review of thousands of pages of case files , interviews Orange County prosecutors gave to the U.S. Department of Justice , and recent interviews of current and former DA staff .
Spitzer ordered the investigation in April 2019 @ @ @ @ @ @ @ major cases would be reviewed by Orange County DA executive management .
The district attorney also ordered prosecutions halted in cases where a jailhouse informant was used and said no informant would be utilized without prior approval .

Orange County, California, prosecutors mishandled the case against the area’s deadliest mass murderer, secretly using jailhouse snitches and violating discovery laws, according to a wide-ranging review into prosecutorial misconduct released Monday by the county’s district attorney.
(CN) — Orange County, California, prosecutors mishandled the case against the area’s deadliest mass murderer, secretly using jailhouse snitches and violating discovery laws, according to a wide-ranging review into prosecutorial misconduct released Monday by the county’s district attorney.
On Oct. 12, 2011, Scott Evans Dekraai donned body armor, walked into a Seal Beach hair salon and fatally shot his ex-wife Michelle Fournier, six of her co-workers and customers and one man sitting in a car outside the salon.
The incident would become Orange County’s deadliest mass shooting. A ninth victim, a woman who was also shot by Dekraai, survived the massacre.
Law enforcement arrested Dekraai shortly after the shooting and later booked him into Orange County Jail. Then-Orange County District Attorney Tony Rackauckas pushed for the death penalty.
(Pixabay via Courthouse News)
But the capital punishment strategy collapsed after information about the secret use of jailhouse informants was uncovered by Assistant Public Defender Scott Sanders. Sanders filed a motion laying out evidence that informants were used in violation of constitutional rights of defendants prosecuted by the DA’s office.
Orange County Superior Court Judge Thomas Goethals agreed with Sanders, finding information about defendants and jailhouse snitches was improperly withheld from defense attorneys. The scandal resulted in new trials or new sentences in several high-profile cases.
In March 2015, Goethals barred the entire Orange County DA’s office from prosecuting the case against Dekraai. The judge found the office had a conflict of interest between its duty to justice and its loyalty to the sheriff’s department, which operates the county jail.
The California Attorney General’s Office took over prosecution. Goethals later struck the death penalty, instead sentencing Dekraai, a former tugboat operator, to life in prison without possibility of parole.
Monday’s report by a special counsel for the DA’s office found that prosecutors lacked oversight by administrators and their actions denied the victims and their families full justice through the criminal legal system.
“The lack of supervision by OCDA executives over high-profile cases including Dekraai during the prior administration resulted in OCDA prosecutors trying these cases without adequate oversight, including the lack of discussion and resolution of critical decisions such as the use of confidential informants,” the report states.
Current Orange County District Attorney Todd Spitzer’s office said in a statement Monday that the use of a confidential informant in Dekraai’s case was not only unnecessary, it was “detrimental to achieving justice.”
“Prosecutors were so concerned that Dekraai would claim insanity and escape the death penalty as Edward Charles Allaway did when he committed Orange County’s largest mass murder to date in 1976 that they used a confidential informant to obtain tainted confessions from Dekraai,” Spitzer’s office said.
Investigators recommended “severe disciplinary action” against the two prosecutors at the center of the initial case. However, they resigned from their positions at the DA’s office before the investigation was completed and are now outside its purview.
The report is based on a review of thousands of pages of case files, interviews Orange County prosecutors gave to the U.S. Department of Justice, and recent interviews of current and former DA staff.
Spitzer ordered the investigation in April 2019. Shortly after, he declared all major cases would be reviewed by Orange County DA executive management. The district attorney also ordered prosecutions halted in cases where a jailhouse informant was used and said no informant would be utilized without prior approval.


Top Eight

Your Monday night briefing from the staff of Courthouse News Top eight CNS stories for today including a gunman dressed as a FedEx worker opened fire into the New Jersey home of a federal judge , critically injuring her husband and killing the couple ’ s son ; The Second Circuit affirmed a Turkish banker ’ s convictions for facilitating record-breaking violations of anti-Iran sanctions ; Researchers in Great Britain said a small vaccine trial was successful in safely triggering an immune response to fight the coronavirus , and more .
Sign up for CNS Top Eight , a roundup @ @ @ @ @ @ @ delivered directly to your email Monday through Friday .
1 . )
NASA is gearing up for humanity ’ s first round trip to Mars .
But before the first human can set foot on the red planet , scientists will launch the Perseverance rover to study the planet ’ s surface and atmosphere .
2 . )
Former Trump national security adviser Michael Flynn accused the federal judge on his case of hijacking criminal procedure on Monday , saying the D.C.
Circuit ’ s order to end his prosecution should stand without @ @ @ @ @ @ @ ) A gunman dressed as a FedEx worker opened fire into the New Jersey home of U.S. District Judge Esther Salas on Sunday night , critically injuring her husband and killing the couple ’ s son .
4 . )
Though barbershops and salons have once again been ordered closed by Governor Gavin Newsom , Californians can still get their hair and nails done outside under guidance released Monday by state regulators .
5 . )
Days after the death of longtime Congressman John Lewis , the executive committee of the Georgia Democratic @ @ @ @ @ @ @ senator and chairwoman of the state party , to replace him on the November ballot .
6 . )
Resentencing former New York Assembly Speaker Sheldon Silver to six and years in prison , a federal judge refused Monday to sideline the Democrat ’ s corruption punishment due to the Covid-19 threat .
7 . )
Almost a year to the day that Halkbank manager Hakan Atilla completed his 36-month sentence , a U.S. appeals court affirmed the Turkish banker ’ s convictions for facilitating record-breaking violations of anti-Iran sanctions .
8 .
@ @ @ @ @ @ @ the coronavirus pandemic surging past 600,000 , researchers in Great Britain said Monday a small vaccine trial was successful in safely triggering an immune response to fight the virus .

Top eight CNS stories for today including a gunman dressed as a FedEx worker opened fire into the New Jersey home of a federal judge, critically injuring her husband and killing the couple’s son; The Second Circuit affirmed a Turkish banker’s convictions for facilitating record-breaking violations of anti-Iran sanctions; Researchers in Great Britain said a small vaccine trial was successful in safely triggering an immune response to fight the coronavirus, and more.
Your Monday night briefing from the staff of Courthouse News
Top eight CNS stories for today including a gunman dressed as a FedEx worker opened fire into the New Jersey home of a federal judge, critically injuring her husband and killing the couple’s son; The Second Circuit affirmed a Turkish banker’s convictions for facilitating record-breaking violations of anti-Iran sanctions; Researchers in Great Britain said a small vaccine trial was successful in safely triggering an immune response to fight the coronavirus, and more.
Sign up for CNS Top Eight, a roundup of the day’s top stories delivered directly to your email Monday through Friday.
National
1.) NASA is gearing up for humanity’s first round trip to Mars. But before the first human can set foot on the red planet, scientists will launch the Perseverance rover to study the planet’s surface and atmosphere.
Artist's impression of NASA's new Mars rover Perseverance, which will be launched July 30, 2020. (NASA / JPL-Caltech)
2.) Former Trump national security adviser Michael Flynn accused the federal judge on his case of hijacking criminal procedure on Monday, saying the D.C. Circuit’s order to end his prosecution should stand without an en banc rehearing.
FILE - In this Sept. 10, 2019, file photo Michael Flynn, President Donald Trump's former national security adviser, leaves the federal court following a status conference with Judge Emmet Sullivan, in Washington. (AP Photo/Manuel Balce Ceneta, File)
Regional
3.) A gunman dressed as a FedEx worker opened fire into the New Jersey home of U.S. District Judge Esther Salas on Sunday night, critically injuring her husband and killing the couple’s son.
Crime scene tape surrounds the home of U.S. District Judge Esther Salas, Monday, July 20, 2020, in North Brunswick, N.J. (AP Photo/Mark Lennihan)
4.) Though barbershops and salons have once again been ordered closed by Governor Gavin Newsom, Californians can still get their hair and nails done outside under guidance released Monday by state regulators.
FILE - In this May 4, 2020 file photo, Robin Sotomayor, 5, wears a supergirl face mask as she gets her hair done by Haylee Cummins at Rockabetty's Hair Parlor, in Yuba City, Calif. Donning a mask will be as common as putting on a cap or sunglasses for Californians as the state begins gradually easing stay-at-home orders, but rules about face coverings vary from county to county and it's unclear what enforcement might look like. (AP Photo/Rich Pedroncelli, File)
5.) Days after the death of longtime Congressman John Lewis, the executive committee of the Georgia Democratic Party chose Nikema Williams, a state senator and chairwoman of the state party, to replace him on the November ballot.
FILE-In this Wednesday, Nov. 20, 2019 file photo, Tom Perez, left, chair of the Democratic National Committee, and Nikema Williams, chair of the Georgia Democratic Party, speak with reporters, in Atlanta. Georgia Democrats have selected state Sen. Nikema Williams, chair of the state party, to replace Rep. John Lewis on the ballot in November. (AP Photo/Ron Harris, File)
6.) Resentencing former New York Assembly Speaker Sheldon Silver to six and years in prison, a federal judge refused Monday to sideline the Democrat’s corruption punishment due to the Covid-19 threat.
Former New York Assembly Speaker Sheldon Silver arrives at federal court in New York, Friday, July 27, 2028. Silver, the former New York Assembly speaker who brokered legislative deals for two decades before corruption charges abruptly ended his career, will be sentenced for a second time Friday. (AP Photo/Mary Altaffer)
International
7.) Almost a year to the day that Halkbank manager Hakan Atilla completed his 36-month sentence, a U.S. appeals court affirmed the Turkish banker’s convictions for facilitating record-breaking violations of anti-Iran sanctions.
Taken from federal surveillance footage, this still image shows U.S. authorities frisking Mehmet Hakan Atilla after his arrest on March 27, 2017. A former manager at the Turkish state-run bank Halkbank, Atilla is being tried in New York over transactions that flouted sanctions against Iran.
8.) With the worldwide death toll from the coronavirus pandemic surging past 600,000, researchers in Great Britain said Monday a small vaccine trial was successful in safely triggering an immune response to fight the virus.


courthousenews--2020-07-20--States Sue Over White House Rollback of Transgender Health Care Protections

( CN ) — Challenging a rule that eliminates antidiscrimination protections in health care for transgender people and women seeking abortions , 22 states and the District of Columbia sued the Trump administration in federal court Monday .
The lawsuit , filed in New York and led by attorneys general of New York , California and Massachusetts , seeks to block a rule that imposes “ unjustifiable barriers to health care ” for vulnerable populations in the midst of the global Covid-19 pandemic .
“ It ’ s never acceptable to deny health care services to people who need it @ @ @ @ @ @ @ to do this during a pandemic , ” New York Attorney General Letitia James said during a press call Monday .
The rule finalized by the Department of Health and Human Services in June reverses a 2016 regulation issued as part of the Patient Protection and Affordable Care Act that included gender identity in protections against discrimination on the basis of sex .
The Obama-era regulation defined gender identity to include “ one ’ s internal sense of gender , which may be male , female , neither , or a combination of @ @ @ @ @ @ @ announced last month it will interpret the word “ sex ” as “ male or female and as determined by biology.
” The 2016 regulation was issued as part of section 1557 of the Affordable Care Act , commonly called Obamacare , which applied a host of existing civil rights laws to health care facilities that receive federal funding .
In addition to prohibiting discrimination against transgender patients , the regulation also barred discrimination based on sex stereotyping and abortion .
A federal judge in Texas blocked the Obama-era regulation in December 2016 @ @ @ @ @ @ @ religious rights , and in October 2019 he struck the rule down as violating federal law .
Despite that legal victory for opponents of transgender health care protections , states suing the Trump administration say the legal landscape has changed since the Supreme Court ruled on June 15 that civil rights laws protect gay and transgender people from discrimination .
“ The 2020 rule conflicts with the Supreme Court ’ s holding in Bostock v. Clayton County that the plain meaning of sex discrimination encompasses discrimination based on an individual ’ s sexual @ @ @ @ @ @ @ plaintiffs argue in their 98-page complaint .
The states point to a 2017 report by the Robert Wood Johnson Foundation and Harvard School of Public Health , which found one in six LGBTQ people avoid seeking medical care due to fear of discrimination .
“ Instead of expanding access to care , this White House is again putting up barriers and exacerbating the fear and anxiety that already exists for these communities , ” Massachusetts Attorney General Maura Healey said during a press call Monday .
In addition to rolling back the 2016 @ @ @ @ @ @ @ clear that other laws providing protections for sincerely held religious beliefs apply to the health care antidiscrimination rules .
The plaintiffs claim this “ broad religious exemption ” violates Section 1557 of the Affordable Care Act and “ attempts to give religiously-affiliated providers and insurers license to deny care and coverage for discriminatory reasons.
” The new rule also eliminates provisions requiring health care providers to notify people in writing of their nondiscrimination policies in 15 languages .
The prior rule required notifying patients and insurance customers of the availability of language translation @ @ @ @ @ @ @ for people with hearing and visual disabilities .
The plaintiffs say these rollbacks will affect more than 25 million people in the United States with limited English-speaking skills and countless individuals with disabilities .
“ By removing and weakening language access requirements the rule will diminish public knowledge of the means and methods for accessing health care and health insurance , ” the complaint states .
The states claim the new rule was enacted in an arbitrary and capricious manner in violation of the Administrative Procedure Act and that it denies equal protection @ @ @ @ @ @ @ Fifth Amendment .
It further claims the Department of Health and Human Services lacks authority under the law to enact such changes .
But Roger Severino , director of the Health and Human Services ’ civil rights office , said his office has been aggressive in “ enforcing civil rights protections in health care , especially during the pandemic .
He noted the gender identity and abortion provisions of the law had been struck down by a judge and that it was “ the Obama , not Trump , administration that decided to @ @ @ @ @ @ @ in this health-care rule a mere four years ago.
” Other plaintiffs in the case include Colorado , Connecticut , Delaware , Hawaii , Illinois , Maine , Maryland , Michigan , Minnesota , Nevada , New Jersey , New Mexico , North Carolina , Oregon , Pennsylvania , Rhode Island , Vermont , Virginia and Wisconsin .

Challenging a rule that eliminates antidiscrimination protections in health care for transgender people and women seeking abortions, 22 states and the District of Columbia sued the Trump administration in federal court Monday.
(CN) — Challenging a rule that eliminates antidiscrimination protections in health care for transgender people and women seeking abortions, 22 states and the District of Columbia sued the Trump administration in federal court Monday.
The lawsuit, filed in New York and led by attorneys general of New York, California and Massachusetts, seeks to block a rule that imposes “unjustifiable barriers to health care” for vulnerable populations in the midst of the global Covid-19 pandemic.
“It’s never acceptable to deny health care services to people who need it, but it’s especially unacceptable to do this during a pandemic,” New York Attorney General Letitia James said during a press call Monday.
The rule finalized by the Department of Health and Human Services in June reverses a 2016 regulation issued as part of the Patient Protection and Affordable Care Act that included gender identity in protections against discrimination on the basis of sex.
The Obama-era regulation defined gender identity to include “one’s internal sense of gender, which may be male, female, neither, or a combination of male and female.” The Trump administration announced last month it will interpret the word “sex” as “male or female and as determined by biology.”
The 2016 regulation was issued as part of section 1557 of the Affordable Care Act, commonly called Obamacare, which applied a host of existing civil rights laws to health care facilities that receive federal funding. In addition to prohibiting discrimination against transgender patients, the regulation also barred discrimination based on sex stereotyping and abortion.
A federal judge in Texas blocked the Obama-era regulation in December 2016, finding it “substantially burdened” religious rights, and in October 2019 he struck the rule down as violating federal law.
Despite that legal victory for opponents of transgender health care protections, states suing the Trump administration say the legal landscape has changed since the Supreme Court ruled on June 15 that civil rights laws protect gay and transgender people from discrimination.
“The 2020 rule conflicts with the Supreme Court’s holding in Bostock v. Clayton County that the plain meaning of sex discrimination encompasses discrimination based on an individual’s sexual orientation or gender identity,” the plaintiffs argue in their 98-page complaint.
The states point to a 2017 report by the Robert Wood Johnson Foundation and Harvard School of Public Health, which found one in six LGBTQ people avoid seeking medical care due to fear of discrimination.
“Instead of expanding access to care, this White House is again putting up barriers and exacerbating the fear and anxiety that already exists for these communities,” Massachusetts Attorney General Maura Healey said during a press call Monday.
In addition to rolling back the 2016 protections, the new regulation also makes clear that other laws providing protections for sincerely held religious beliefs apply to the health care antidiscrimination rules.
The plaintiffs claim this “broad religious exemption” violates Section 1557 of the Affordable Care Act and “attempts to give religiously-affiliated providers and insurers license to deny care and coverage for discriminatory reasons.”
The new rule also eliminates provisions requiring health care providers to notify people in writing of their nondiscrimination policies in 15 languages. The prior rule required notifying patients and insurance customers of the availability of language translation services for non-English speakers and auxiliary aids for people with hearing and visual disabilities.
The plaintiffs say these rollbacks will affect more than 25 million people in the United States with limited English-speaking skills and countless individuals with disabilities.
“By removing and weakening language access requirements the rule will diminish public knowledge of the means and methods for accessing health care and health insurance,” the complaint states.
The states claim the new rule was enacted in an arbitrary and capricious manner in violation of the Administrative Procedure Act and that it denies equal protection under the law as required by the Fifth Amendment. It further claims the Department of Health and Human Services lacks authority under the law to enact such changes.
But Roger Severino, director of the Health and Human Services’ civil rights office, said his office has been aggressive in “enforcing civil rights protections in health care, especially during the pandemic. He noted the gender identity and abortion provisions of the law had been struck down by a judge and that it was “the Obama, not Trump, administration that decided to exclude sexual orientation as a protected category in this health-care rule a mere four years ago.”
Other plaintiffs in the case include Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Wisconsin.


courthousenews--2020-07-20--Connecticut Judge Refuses to Block Mailing of Absentee Ballots

HARTFORD , Conn. ( CN ) — Four Republicans running for Congress chose the wrong venue to challenge Connecticut ’ s mailing of absentee ballots to all eligible voters , the chief of the state Supreme Court ruled Monday .
While the candidates styled their complaint as an original jurisdiction proceeding in the state Supreme Court , counsel for the state emphasized in a motion to dismiss that the law permitting such challenges “ applies only to elections , not primaries.
” Chief Justice Richard Robinson tossed the case Monday afternoon shortly after holding remote arguments on the motion .
@ @ @ @ @ @ @ 11 , Secretary of State Denise Merrill is set to mail the absentee ballots on Tuesday , having already mailed applications to all 1.25 million of Connecticut ’ s registered voters .
In a 1-page order , the chief wrote that an original proceeding under state law 9-323 “ is not a proper vehicle to challenge a ruling of an election official with respect to a primary.
” “ Instead , the plaintiffs ’ challenge should have been brought in Superior Court , ” Robinson added .
Attorney General William Tong said during @ @ @ @ @ @ @ “ sued the wrong defendant , under the wrong statue , in the wrong court.
” He said the candidates should have sued the governor , but they didn ’ t because they knew they would not succeed .
“ When all of humanity is confronting a fast-moving and raging respiratory virus … the governor has the authority under 28-9b1 to modify any , any statute to keep us safe , ” Tong said .
Mary Fay , Thomas Gilmer , Justin Anderson and James Griffin brought the challenge on July 1 , @ @ @ @ @ @ @ order by Governor Ned Lamont to expand absentee-voting procedures .
Prior to the spread of the novel coronavirus , Connecticut law had required would-be absentee voters to show that either religious reasons or some sickness or physical disability would prevent them from casting a ballot in person .
“ There is no pandemic exception to the Connecticut Constitution , ” the complaint alleged , signed by the candidates ’ attorney , Proloy Das of the firm Murtha Cullina .
Each of the challengers is a Republican seeking election to either the First or @ @ @ @ @ @ @ U.S. House of Representatives .
Lawyers for the state deputies scoffed at the candidates ’ assertion , noting that the novel coronavirus to date has afflicted nearly 47,000 Connecticut residents , with 4,335 deaths since mid-March .
“ No one can seriously dispute that the governor has the authority and the state has a compelling interest to minimize the extreme risk of human transmission through mass gatherings of people , ” Assistant Attorney General Michael Skold wrote last week .
“ It is hard to imagine a greater risk than forcing all Connecticut @ @ @ @ @ @ @ polling locations all across Connecticut on primary day , August 11 , 2020.
” During the remote hearing Monday , the candidates made an unsuccessful push to have the mailing of the ballots delayed pending oral arguments on the merits .
They argument hinges on the Connecticut Constitution , which they said “ does not permit no-excuse absentee voting and entrusts the electorate to define the scope of absentee voting through constitutional amendment.
” Das said Monday during the hearing that they wanted to protect voters ’ opportunity to vote at the polls @ @ @ @ @ @ @ ’ s motion to dismiss argued that Republicans are trying to use the court to “ disrupt a state and national election already in process , to cause mass voter confusion , to disenfranchise hundreds of thousands of Connecticut voters , and to force voters into a mass gathering on the same day in August and subject them to the high risk of infection and death from a fast-spreading respiratory virus.
” As for why the challengers did not challenge Governor Lamont ’ s executive order , Tong said Monday that doing so @ @ @ @ @ @ @ it ’ s dangerous.
” Robinson ’ s dismissal concludes with the promise that “ a more detailed opinion is forthcoming .
”

Four Republicans running for Congress chose the wrong venue to challenge Connecticut’s mailing of absentee ballots to all eligible voters, the chief of the state Supreme Court ruled Monday.
HARTFORD, Conn. (CN) — Four Republicans running for Congress chose the wrong venue to challenge Connecticut’s mailing of absentee ballots to all eligible voters, the chief of the state Supreme Court ruled Monday.
While the candidates styled their complaint as an original jurisdiction proceeding in the state Supreme Court, counsel for the state emphasized in a motion to dismiss that the law permitting such challenges “applies only to elections, not primaries.”
Chief Justice Richard Robinson tossed the case Monday afternoon shortly after holding remote arguments on the motion. With the Connecticut primary scheduled for Aug. 11, Secretary of State Denise Merrill is set to mail the absentee ballots on Tuesday, having already mailed applications to all 1.25 million of Connecticut’s registered voters.
In a 1-page order, the chief wrote that an original proceeding under state law 9-323 “is not a proper vehicle to challenge a ruling of an election official with respect to a primary."
"Instead, the plaintiffs' challenge should have been brought in Superior Court," Robinson added.
Attorney General William Tong said during the hour-long hearing Monday that Republicans have “sued the wrong defendant, under the wrong statue, in the wrong court.”
He said the candidates should have sued the governor, but they didn’t because they knew they would not succeed.
“When all of humanity is confronting a fast-moving and raging respiratory virus ... the governor has the authority under 28-9b1 to modify any, any statute to keep us safe,” Tong said.
Mary Fay, Thomas Gilmer, Justin Anderson and James Griffin brought the challenge on July 1, wasting little time after Merrill implemented the order by Governor Ned Lamont to expand absentee-voting procedures.
Prior to the spread of the novel coronavirus, Connecticut law had required would-be absentee voters to show that either religious reasons or some sickness or physical disability would prevent them from casting a ballot in person.
“There is no pandemic exception to the Connecticut Constitution,” the complaint alleged, signed by the candidates’ attorney, Proloy Das of the firm Murtha Cullina.
Each of the challengers is a Republican seeking election to either the First or Second Congressional Districts of Connecticut in the U.S. House of Representatives.
Lawyers for the state deputies scoffed at the candidates’ assertion, noting that the novel coronavirus to date has afflicted nearly 47,000 Connecticut residents, with 4,335 deaths since mid-March.
“No one can seriously dispute that the governor has the authority and the state has a compelling interest to minimize the extreme risk of human transmission through mass gatherings of people,” Assistant Attorney General Michael Skold wrote last week. “It is hard to imagine a greater risk than forcing all Connecticut voters into thousands of small, close-quarter polling locations all across Connecticut on primary day, August 11, 2020.”
During the remote hearing Monday, the candidates made an unsuccessful push to have the mailing of the ballots delayed pending oral arguments on the merits.
The argument hinges on the Connecticut Constitution, which they said “does not permit no-excuse absentee voting and entrusts the electorate to define the scope of absentee voting through constitutional amendment.”
Das said Monday during the hearing that they wanted to protect voters' opportunity to vote at the polls, as the law envisions.
Skold’s motion to dismiss argued that Republicans are trying to use the court to “disrupt a state and national election already in process, to cause mass voter confusion, to disenfranchise hundreds of thousands of Connecticut voters, and to force voters into a mass gathering on the same day in August and subject them to the high risk of infection and death from a fast-spreading respiratory virus.”
As for why the challengers did not challenge Governor Lamont’s executive order, Tong said Monday that doing so would be “not only frivolous — it’s dangerous.”
Robinson’s dismissal concludes with the promise that “a more detailed opinion is forthcoming.”


Figure Skating

BUFFALO , N.Y. — A former competitive figure skater filed a $ 10 million lawsuit against a prominent coach he @ @ @ @ @ nearly a decade starting when he was 14 years old .


courthousenews--2020-07-20--Poll: Most Support Expansion of Absentee Voting During Pandemic

( CN ) — A majority of Americans now support no-excuse early and absentee voting with the coronavirus pandemic worsening just months before the presidential election , according to a poll released Monday , but stark partisan divides remain as more states embrace mail-in ballots .
In a survey of 4,708 U.S. adults between June 16 and 22 , the Pew Research Center found that 65 % supported early voting and absentee ballots without a documented reason .
However , Democratic respondents supported those measures by a ratio of nearly 2-to-1 compared to Republican respondents .
Eighty-three percent of Democrats @ @ @ @ @ @ @ but only 44 % of Republicans said the same .
Instead , most Republicans ( 55 % ) only supported absentee ballots with a documented reason , and 37 % of GOP respondents said Covid-19 is not an acceptable excuse .
Only 16 % of Democrats supported conditional absentee ballots .
Republican opposition to no-excuse absentee voting has grown in the past two years .
In an October 2018 survey , 57 % of Republicans said anyone should be able to vote early or absentee without a reason , but that number dropped @ @ @ @ @ @ @ .
Democrats have remained steady in their support for no-excuse absentee voting at 83 % in both polls .
The pushback from GOP voters was higher in states where reasons are required for absentee ballots .
Sixty-one percent of Republicans surveyed by Pew supported conditional absentee ballots in states that already require a documented excuse , whereas only 52 % said the same in states with no conditions .
Concerns about voter fraud likely fueled broad Republican opposition to no-excuse absentee voting , as President Donald Trump has repeatedly stated his opposition to @ @ @ @ @ @ @ on .
“ RIGGED 2020 ELECTION : MILLIONS OF MAIL-IN BALLOTS WILL BE PRINTED BY FOREIGN COUNTRIES , AND OTHERS , ” Trump tweeted in all capital letters on June 22 .
“ IT WILL BE THE SCANDAL OF OUR TIMES.
” Republicans were the only demographic measured in the Pew survey to suggest that no-excuse absentee ballots would affect election security , with a 59 % majority who said an expansion of mail-in voting would make elections less secure .
In contrast , liberals and majorities from all measured racial and education @ @ @ @ @ @ @ would not make elections any less secure , particularly among Democrats generally ( 79 % ) , Black respondents ( 70 % ) and postgraduates ( 68 % ) .
The political fight over expanded absentee voting is reflected in court battles in states where excuses are required , such as Texas .
After the Texas Supreme Court declined to mandate no-excuse absentee ballots , Harris County Attorney Vince Ryan joined a chorus of election officials in other major Texas cities Monday calling for the U.S. Supreme Court to take up the issue @ @ @ @ @ @ @ ” “ Holding the November election without allowing eligible voters under 65 to vote by mail creates multiple problems of crowds , lines and the resulting risk of Covid-19 exposure , ” Ryan said in a statement .
“ Crowd and line length will be exacerbated as the repeal of the time-saving straight-ticket voting method goes into effect this November.
” The nation ’ s highest court refused last month to reverse the Fifth Circuit ’ s stay of a San Antonio federal judge ’ s order that would have let any eligible @ @ @ @ @ @ @ the Covid-19 pandemic .
But Ryan noted that a Fifth Circuit panel won ’ t consider the merits of the case until late August and absentee ballots are sent to qualifying Texas voters in mid-September .
He wants the justices to get involved sooner .
“ Action by the Supreme Court need not be at the last minute by waiting for the Fifth Circuit ’ s September or later resolution , ” Ryan said .
In Tennessee , a state judge chastised election officials for ignoring new absentee ballot regulations that confused voters @ @ @ @ @ @ @ “ Shame on you for not following that procedure and just taking matters into your own hands , ” Davidson County Chancellor Ellen Hobbs Lyle told attorneys from the Tennessee Attorney General ’ s Office during a virtual hearing June 11 .
In contrast , municipalities in Maine encouraged voters to utilize absentee ballots in the state ’ s primary election last week .
The Pew survey shows that while a majority of Americans may support no-excuse absentee voting with the coronavirus crisis at the forefront of their concerns about fair elections , @ @ @ @ @ @ @ — that allowing voters to file absentee ballots without an excuse invites voter fraud .

A majority of Americans now support no-excuse early and absentee voting with the coronavirus pandemic worsening just months before the presidential election, according to a poll released Monday, but stark partisan divides remain as more states embrace mail-in ballots.
(CN) — A majority of Americans now support no-excuse early and absentee voting with the coronavirus pandemic worsening just months before the presidential election, according to a poll released Monday, but stark partisan divides remain as more states embrace mail-in ballots.
In a survey of 4,708 U.S. adults between June 16 and 22, the Pew Research Center found that 65% supported early voting and absentee ballots without a documented reason.
However, Democratic respondents supported those measures by a ratio of nearly 2-to-1 compared to Republican respondents. Eighty-three percent of Democrats said they supported no-excuse absentee voting, but only 44% of Republicans said the same.
Instead, most Republicans (55%) only supported absentee ballots with a documented reason, and 37% of GOP respondents said Covid-19 is not an acceptable excuse. Only 16% of Democrats supported conditional absentee ballots.
Republican opposition to no-excuse absentee voting has grown in the past two years. In an October 2018 survey, 57% of Republicans said anyone should be able to vote early or absentee without a reason, but that number dropped by 13% in the latest survey. Democrats have remained steady in their support for no-excuse absentee voting at 83% in both polls.
The pushback from GOP voters was higher in states where reasons are required for absentee ballots. Sixty-one percent of Republicans surveyed by Pew supported conditional absentee ballots in states that already require a documented excuse, whereas only 52% said the same in states with no conditions.
Concerns about voter fraud likely fueled broad Republican opposition to no-excuse absentee voting, as President Donald Trump has repeatedly stated his opposition to such measures as the Covid-19 pandemic rages on.
“RIGGED 2020 ELECTION: MILLIONS OF MAIL-IN BALLOTS WILL BE PRINTED BY FOREIGN COUNTRIES, AND OTHERS,” Trump tweeted in all capital letters on June 22. “IT WILL BE THE SCANDAL OF OUR TIMES.”
Republicans were the only demographic measured in the Pew survey to suggest that no-excuse absentee ballots would affect election security, with a 59% majority who said an expansion of mail-in voting would make elections less secure.
In contrast, liberals and majorities from all measured racial and education level demographics said that no-excuse absentee voting would not make elections any less secure, particularly among Democrats generally (79%), Black respondents (70%) and postgraduates (68%).
The political fight over expanded absentee voting is reflected in court battles in states where excuses are required, such as Texas.
After the Texas Supreme Court declined to mandate no-excuse absentee ballots, Harris County Attorney Vince Ryan joined a chorus of election officials in other major Texas cities Monday calling for the U.S. Supreme Court to take up the issue of absentee ballots “and rule quickly.”
“Holding the November election without allowing eligible voters under 65 to vote by mail creates multiple problems of crowds, lines and the resulting risk of Covid-19 exposure,” Ryan said in a statement. “Crowd and line length will be exacerbated as the repeal of the time-saving straight-ticket voting method goes into effect this November.”
The nation’s highest court refused last month to reverse the Fifth Circuit’s stay of a San Antonio federal judge’s order that would have let any eligible voter qualify for a mail-in ballot during the Covid-19 pandemic.
But Ryan noted that a Fifth Circuit panel won’t consider the merits of the case until late August and absentee ballots are sent to qualifying Texas voters in mid-September. He wants the justices to get involved sooner.
“Action by the Supreme Court need not be at the last minute by waiting for the Fifth Circuit’s September or later resolution,” Ryan said.
In Tennessee, a state judge chastised election officials for ignoring new absentee ballot regulations that confused voters trying to apply for mail-in voting.
“Shame on you for not following that procedure and just taking matters into your own hands,” Davidson County Chancellor Ellen Hobbs Lyle told attorneys from the Tennessee Attorney General’s Office during a virtual hearing June 11.
In contrast, municipalities in Maine encouraged voters to utilize absentee ballots in the state’s primary election last week.
The Pew survey shows that while a majority of Americans may support no-excuse absentee voting with the coronavirus crisis at the forefront of their concerns about fair elections, Republicans in particular had the opposite concern — that allowing voters to file absentee ballots without an excuse invites voter fraud.