courthousenews--2020-12-19--Judges Gain a Win in New York Ageism Suit

LONG ISLAND ( CN ) — Judges suing New York state for ageism pulled a win Friday , when a Suffolk County judge issued a temporary restraining order blocking the state constitution ’ s rule saying judges who turn 70 years old can finish out the year and then must retire .
After age 70 , judges can apply for a two-year recertification , and continue doing so until age 76 .
Typically , those requests are granted , provided the judge is fit to serve .
But in September , the state ’ s chief administrative judge denied recertification @ @ @ @ @ @ @ judges who applied for it , citing a state budget squeeze due to the Covid-19 pandemic .
That was “ blatant age discrimination , ” on the part of state court chiefs , four appellate judges suing over the decision say in their 42-page complaint .
“ They decided to terminate the most experienced judges in the state and have already signaled their intention to replace those judges with younger and less experienced judges , ” the complaint reads , “ some of whom have never been elected by the voters of this @ @ @ @ @ @ @ the order requiring the state to allow the judges filing suit , and their staffs , “ to continue serving as Supreme Court Justices and remain in office ” as the case proceeds .
The decision came after more than an hour of virtual arguments , which took a heated turn after an attorney for the state called arguments of arbitrary and unreasonable denials “ absurd ” and “ ridiculous.
” “ What they ’ re asking you to do is to stay the operation of the New York State Constitution , ” @ @ @ @ @ @ @ Greenberg Traurig , pleading with Justice Baisley not to grant the temporary restraining order , which would essentially hand the judges a win .
“ That ’ s the whole ball of wax , ” he said , pledging to immediately appeal such an order and saying he believes he would be granted an automatic stay in doing so .
Earlier this month , Justice Baisley denied the state ’ s motion to change venue or dismiss the case altogether .
The state appealed that decision , and is awaiting a decision on @ @ @ @ @ @ @ Department will take up the case , which is expected next week .
Greenberg wanted Justice Baisley to wait for the Third Department ’ s word .
“ If the TRO is issued , we will be in the appellate division again , ” he said .
With the year ’ s end and holidays quickly approaching , however , plaintiffs ’ attorneys said they are running out of time .
“ This is one of those instances where you can ’ t put the toothpaste back in the tube , ” said @ @ @ @ @ @ @ & Porter .
Come January , his clients will be out of a job .
“ Despite pounding on his own desk , ” Catterson said , Greenberg failed to mention that the state ’ s appellate division had twice refused to stay the case in its entirety .
Catterson also accused Greenberg of repeating a “ canard ” by calling previous orders ex parte .
“ You can shake your head all you want , Mr. Greenberg , ” Catterson said , but Baisley ’ s decision and court transcripts “ both @ @ @ @ @ @ @ was entered ex parte .
Catterson represents Justice Ellen Gesmer , 70 , and said she was “ stunned ” to learn this year that she would have to give up her seat after 16 years .
Other judges have held their spots for 30 years or longer .
Thirty-three states and the District of Columbia have mandatory retirement ages , according to the website Ballotpedia , most between 70 and 75 years old .
In Vermont , the age is 90 years , the highest in the country .
The New York @ @ @ @ @ @ @ DiFiore , in her role overseeing the state unified court system , and Chief Administrative Judge Lawrence Marks , who made the Sept. 29 decision to deny 46 of 49 recertification requests , terminating 7 appellate judges in the process .
Marks said Governor Andrew Cuomo had requested a 10 % budget cut , and that denying recertification would help avoid layoffs .
The denials countered the state administrative board ’ s decades-long practice of allowing judges over age 70 to continue serving until age 76 , provided they were mentally and physically @ @ @ @ @ @ @ their service was needed to expedite the court ’ s business .
During the Covid-19 pandemic , the backlog of cases waiting to be heard has grown , making it impossible for the Office of Court Administration to say that keeping judges older than 70 on the bench is unnecessary , Catterson said .
In the second department of the state ’ s appellate division , for instance , there is already a three-year backlog , which will “ balloon to four , if not five years ” in part because of the @ @ @ @ @ @ @ also caused “ a fiscal calamity of the highest order , ” Greenberg said , with the state having to make “ impossibly difficult choices.
” Personnel accounts for 90 % of the state ’ s court budget , he said , noting that employing judges also means hiring legal secretaries , clerks and other court staff .
Justice Baisley said that given the uncertainty of the state court budget , things may not be as bad as they seem to Judge Marks — or they could be worse .
Looking ahead to @ @ @ @ @ @ @ normal , the court will need “ as many judges as we can , ” Baisley said .
“ In my corner of the state , it ’ s going to be a tremendous backlog of cases , ” Baisley said , asking what would be the harm in retaining the status quo while awaiting the Third Department decision .
Greenberg said he ’ d report back to his clients , but that — “ respectfully ” — Justice Baisley ’ s temporary restraining order would be “ a needless waste of time.
@ @ @ @ @ @ @ , his clients would submit their resignation , to be held in escrow while they maintain certification and the case proceeds .
“ If they win , the resignation goes in the shredder , ” Catterson said .
“ If they lose , it ’ s all over.
” Neither Catterson nor Greenberg responded to emails requesting comment .

Judges suing New York state for ageism pulled a win Friday, when a Suffolk County judge issued a temporary restraining order blocking the state constitution’s rule saying judges who turn 70 years old can finish out the year and then must retire.
LONG ISLAND (CN) — Judges suing New York state for ageism pulled a win Friday, when a Suffolk County judge issued a temporary restraining order blocking the state constitution’s rule saying judges who turn 70 years old can finish out the year and then must retire.
After age 70, judges can apply for a two-year recertification, and continue doing so until age 76. Typically, those requests are granted, provided the judge is fit to serve.
But in September, the state’s chief administrative judge denied recertification to all but 3 of the 49 judges who applied for it, citing a state budget squeeze due to the Covid-19 pandemic.
That was “blatant age discrimination,” on the part of state court chiefs, four appellate judges suing over the decision say in their 42-page complaint.
“They decided to terminate the most experienced judges in the state and have already signaled their intention to replace those judges with younger and less experienced judges,” the complaint reads, “some of whom have never been elected by the voters of this state.”
Justice Paul Baisley Jr. signed the order requiring the state to allow the judges filing suit, and their staffs, “to continue serving as Supreme Court Justices and remain in office” as the case proceeds.
The decision came after more than an hour of virtual arguments, which took a heated turn after an attorney for the state called arguments of arbitrary and unreasonable denials “absurd” and “ridiculous.”
“What they’re asking you to do is to stay the operation of the New York State Constitution,” said attorney Henry Greenberg of the firm Greenberg Traurig, pleading with Justice Baisley not to grant the temporary restraining order, which would essentially hand the judges a win.
“That’s the whole ball of wax,” he said, pledging to immediately appeal such an order and saying he believes he would be granted an automatic stay in doing so.
Earlier this month, Justice Baisley denied the state’s motion to change venue or dismiss the case altogether. The state appealed that decision, and is awaiting a decision on whether the Appellate Division’s Third Department will take up the case, which is expected next week.
Greenberg wanted Justice Baisley to wait for the Third Department’s word.
“If the TRO is issued, we will be in the appellate division again,” he said.
With the year’s end and holidays quickly approaching, however, plaintiffs’ attorneys said they are running out of time.
“This is one of those instances where you can’t put the toothpaste back in the tube,” said attorney James Catterson of the firm Arnold & Porter. Come January, his clients will be out of a job.
“Despite pounding on his own desk,” Catterson said, Greenberg failed to mention that the state’s appellate division had twice refused to stay the case in its entirety. Catterson also accused Greenberg of repeating a “canard” by calling previous orders ex parte.
“You can shake your head all you want, Mr. Greenberg,” Catterson said, but Baisley’s decision and court transcripts “both establish beyond any doubt” that nothing was entered ex parte.
Catterson represents Justice Ellen Gesmer, 70, and said she was “stunned” to learn this year that she would have to give up her seat after 16 years. Other judges have held their spots for 30 years or longer.
Thirty-three states and the District of Columbia have mandatory retirement ages, according to the website Ballotpedia, most between 70 and 75 years old. In Vermont, the age is 90 years, the highest in the country.
The New York judges’ suit names Chief Judge Janet DiFiore, in her role overseeing the state unified court system, and Chief Administrative Judge Lawrence Marks, who made the Sept. 29 decision to deny 46 of 49 recertification requests, terminating 7 appellate judges in the process.
Marks said Governor Andrew Cuomo had requested a 10% budget cut, and that denying recertification would help avoid layoffs.
The denials countered the state administrative board’s decades-long practice of allowing judges over age 70 to continue serving until age 76, provided they were mentally and physically fit to do so, and that their service was needed to expedite the court’s business.
During the Covid-19 pandemic, the backlog of cases waiting to be heard has grown, making it impossible for the Office of Court Administration to say that keeping judges older than 70 on the bench is unnecessary, Catterson said.
In the second department of the state’s appellate division, for instance, there is already a three-year backlog, which will “balloon to four, if not five years” in part because of the pandemic.
But the global pandemic has also caused “a fiscal calamity of the highest order,” Greenberg said, with the state having to make “impossibly difficult choices.” Personnel accounts for 90% of the state’s court budget, he said, noting that employing judges also means hiring legal secretaries, clerks and other court staff.
Justice Baisley said that given the uncertainty of the state court budget, things may not be as bad as they seem to Judge Marks — or they could be worse.
Looking ahead to a time that proceedings can resume as normal, the court will need “as many judges as we can,” Baisley said.
“In my corner of the state, it’s going to be a tremendous backlog of cases,” Baisley said, asking what would be the harm in retaining the status quo while awaiting the Third Department decision.
Greenberg said he’d report back to his clients, but that — “respectfully” — Justice Baisley’s temporary restraining order would be “a needless waste of time.”
Catterson said that in the meantime, his clients would submit their resignation, to be held in escrow while they maintain certification and the case proceeds.
“If they win, the resignation goes in the shredder,” Catterson said. “If they lose, it’s all over.”
Neither Catterson nor Greenberg responded to emails requesting comment.


courthousenews--2020-12-19--UK Nixes Christmas Gatherings, Shuts London Shops Over Virus

LONDON ( AP ) — Millions of people must cancel their Christmas get-togethers and most shops have to close in London and much of southern England , British Prime Minister Boris Johnson said Saturday as he imposed a new , stricter level of coronavirus restrictions on the region to curb rapidly spreading infections .
Johnson said Saturday that the capital and large areas in southern England already placed under the highest level of the U.K. government ’ s three-tiered coronavirus alert system will move into a new Tier 4 that requires all non-essential shops , hairdressers and indoor leisure venues @ @ @ @ @ @ @ hours Saturday .
With just days to go until Christmas , Johnson also announced that a planned easing of socializing rules that would have allowed up to three households to meet in “ Christmas bubbles ” from Dec. 23 to Dec. 27 will be canceled for Tier 4 areas and sharply curtailed in the rest of England .
“ It is with a very heavy heart that I must tell you we can not proceed with Christmas as planned , ” Johnson said .
He said he concluded there was “ no alternative @ @ @ @ @ @ @ sacrifice this Christmas to have a better chance of protecting the lives of loved ones .
No mixing of households will be allowed in Tier 4 except under very limited conditions outside in public places .
Travel in and out of Tier 4 areas won ’ t be allowed unless essential .
In the rest of England , people will be allowed to meet in Christmas bubbles for just one day instead of five , as the government originally planned .
The changes upend the plans of millions of people who were looking @ @ @ @ @ @ @ next week and force scores to revise their travel plans at the last minute .
Before Saturday , government officials maintained they would allow small , private gatherings to go ahead .
While restaurants , pubs , bars and theaters in much of England are already closed and prepared for a bleak Christmas , all shops in Tier 4 areas that don ’ t sell food or medicine received only hours ’ notice that they must shutter after Saturday until officials review the situation on Dec. 30 .
The British Retail Consortium said @ @ @ @ @ @ @ ” especially coming just two weeks after a month-long lockdown in England ended and at the height of the year ’ s peak retail period .
“ Retailers have invested hundreds of millions of pounds making stores COVID–secure for customers and staff , ” said Helen Dickinson , the trade body ’ s chief executive .
“ For businesses , the government ’ s stop-start approach is deeply unhelpful.
” In announcing the more restrictive category , Johnson said that a fast-moving new variant of the coronavirus that is more than 70 % @ @ @ @ @ @ @ be driving the rapid spread in London and southern England .
While London fared relatively well in controlling the virus throughout the fall , the city now has the highest infection rates in England .
Officials said the new mutation accounted for some 60 % of the capital ’ s cases .
“ There ’ s no evidence to suggest it is more lethal or causes more severe illness , ” the prime minister stressed , or that vaccines will be less effective against it .
England ’ s chief medical officer , @ @ @ @ @ @ @ alerted the World Health Organization that the new variant identified this week appears to be accelerating the spread of COVID-19 .
The government ’ s scientific advisers came to that conclusion based on preliminary modelling figures , and they are continuing to analyze the available data , he said .
Viruses mutate regularly , and scientists have found thousands different of mutations among samples of the virus causing COVID-19 .
But many of these changes have no effect on how easily the virus spreads or how severe symptoms are .
Maria Van Kerkhove @ @ @ @ @ @ @ COVID-19 , told reporters after receiving notification from England this week that the U.N. health agency had “ no evidence this variant behaves differently ” and that it was similar to a variant initially reported among mink in Europe .
She said scientists would study the virus strain to see if there might be any difference in how it prompts an immune response in people .
In Wales , authorities said they decided to move up a lockdown planned for after Christmas and people must stay at home from 12:01 a.m. Sunday .
@ @ @ @ @ @ @ in line with the rules for southern England .
The Scottish government said Saturday that residents would be subject to Tier 4 restrictions starting on Dec. 26 , and a travel ban between Scotland and the rest of the U.K. will be in force throughout the holiday period .
Northern Ireland already said a fresh lockdown would start once Christmas is over .
U.K. officials reported another 27,052 confirmed cases on Saturday and 534 further deaths of people who had tested positive within the previous 28 days .
The U.K. has Europe ’ @ @ @ @ @ @ @ , standing at 67,075 .

Millions of people must cancel their Christmas get-togethers and most shops have to close in London and much of southern England, British Prime Minister Boris Johnson said Saturday as he imposed a new, stricter level of coronavirus restrictions on the region to curb rapidly spreading infections.
LONDON (AP) — Millions of people must cancel their Christmas get-togethers and most shops have to close in London and much of southern England, British Prime Minister Boris Johnson said Saturday as he imposed a new, stricter level of coronavirus restrictions on the region to curb rapidly spreading infections.
Johnson said Saturday that the capital and large areas in southern England already placed under the highest level of the U.K. government's three-tiered coronavirus alert system will move into a new Tier 4 that requires all non-essential shops, hairdressers and indoor leisure venues to close after the end of business hours Saturday.
With just days to go until Christmas, Johnson also announced that a planned easing of socializing rules that would have allowed up to three households to meet in "Christmas bubbles" from Dec. 23 to Dec. 27 will be canceled for Tier 4 areas and sharply curtailed in the rest of England.
"It is with a very heavy heart that I must tell you we cannot proceed with Christmas as planned," Johnson said.
He said he concluded there was "no alternative open to me" and people must sacrifice this Christmas to have a better chance of protecting the lives of loved ones.
No mixing of households will be allowed in Tier 4 except under very limited conditions outside in public places. Travel in and out of Tier 4 areas won't be allowed unless essential. In the rest of England, people will be allowed to meet in Christmas bubbles for just one day instead of five, as the government originally planned.
The changes upend the plans of millions of people who were looking forward to gathering with family and friends next week and force scores to revise their travel plans at the last minute. Before Saturday, government officials maintained they would allow small, private gatherings to go ahead.
While restaurants, pubs, bars and theaters in much of England are already closed and prepared for a bleak Christmas, all shops in Tier 4 areas that don't sell food or medicine received only hours' notice that they must shutter after Saturday until officials review the situation on Dec. 30.
The British Retail Consortium said it was "hugely regrettable news," especially coming just two weeks after a month-long lockdown in England ended and at the height of the year's peak retail period.
"Retailers have invested hundreds of millions of pounds making stores COVID--secure for customers and staff," said Helen Dickinson, the trade body's chief executive. "For businesses, the government's stop-start approach is deeply unhelpful."
In announcing the more restrictive category, Johnson said that a fast-moving new variant of the coronavirus that is more than 70% more transmissible than existing strains appears to be driving the rapid spread in London and southern England.
While London fared relatively well in controlling the virus throughout the fall, the city now has the highest infection rates in England. Officials said the new mutation accounted for some 60% of the capital's cases.
"There's no evidence to suggest it is more lethal or causes more severe illness," the prime minister stressed, or that vaccines will be less effective against it.
England's chief medical officer, Chris Whitty, said the U.K. has alerted the World Health Organization that the new variant identified this week appears to be accelerating the spread of COVID-19. The government's scientific advisers came to that conclusion based on preliminary modelling figures, and they are continuing to analyze the available data, he said.
Viruses mutate regularly, and scientists have found thousands different of mutations among samples of the virus causing COVID-19. But many of these changes have no effect on how easily the virus spreads or how severe symptoms are.
Maria Van Kerkhove, WHO's technical lead on COVID-19, told reporters after receiving notification from England this week that the U.N. health agency had "no evidence this variant behaves differently" and that it was similar to a variant initially reported among mink in Europe. She said scientists would study the virus strain to see if there might be any difference in how it prompts an immune response in people.
In Wales, authorities said they decided to move up a lockdown planned for after Christmas and people must stay at home from 12:01 a.m. Sunday. The move will largely scrap Christmas gatherings in line with the rules for southern England.
The Scottish government said Saturday that residents would be subject to Tier 4 restrictions starting on Dec. 26, and a travel ban between Scotland and the rest of the U.K. will be in force throughout the holiday period. Northern Ireland already said a fresh lockdown would start once Christmas is over.
U.K. officials reported another 27,052 confirmed cases on Saturday and 534 further deaths of people who had tested positive within the previous 28 days. The U.K. has Europe's second-highest COVID-19 death toll behind Italy, standing at 67,075.
By SYLVIA HUI Associated Press


courthousenews--2020-12-19--General Sorry for ‘Miscommunication’ Over Vaccine Shipments

( AP ) — The Army general in charge of getting Covid-19 vaccines across the United States apologized on Saturday for “ miscommunication ” with states over the number of doses to be delivered in the early stages of distribution .
“ I failed .
I ’ m adjusting .
I am fixing and we will move forward from there , ” Gen. Gustave Perna told reporters in a telephone briefing .
Perna ’ s remarks came a day after a second vaccine was added in the fight against Covid-19 , which has killed more than 312,000 people in the @ @ @ @ @ @ @ states have said the federal government has told them that next week ’ s shipment of the Pfizer-BioNTech vaccine will be less than originally projected .
“ I want to take personal responsibility for the miscommunication , ” he said .
“ I know that ’ s not done much these days .
But I am responsible .
… This is a Herculean effort and we are not perfect.
” The general said he made mistakes by citing numbers of doses that he believed would be ready .
“ I am the one @ @ @ @ @ @ @ m the one who approved allocations , ” Perna said .
“ There is no problem with the process .
There is no problem with the Pfizer vaccine .
There is no problem with the Moderna vaccine.
” There ’ s a distinction between manufactured vaccine and doses that are ready to be released .
The finished product must undergo “ rigorous quality control and sterility tests , ” which can take up to a month , the Department of Health and Human Services said .
The Food and Drug Administration then must @ @ @ @ @ @ @ before the manufacturer ships a batch , the government said .
Perna said the government now is on track to get approximately 20 million doses to states by the first week of January , a combination of the newly approved Moderna vaccine and the Pfizer-BioNTech vaccine .
Perna said 2.9 million Pfizer-BioNTech doses have been delivered to states so far .
In Michigan , where the Pfizer vaccine is produced , Democratic Gov .
Gretchen Whitmer on Friday accused the White House of “ slow-walking the process.
” Michigan is due 60,000 doses @ @ @ @ @ @ @ allotment , down from an anticipated 84,825 .
“ We have Michigan hospitals and nursing homes ready to administer this vaccine , ” she said .
By ED WHITE and JILL COLVIN Associated Press

The Army general in charge of getting Covid-19 vaccines across the United States apologized on Saturday for "miscommunication" with states over the number of doses to be delivered in the early stages of distribution.
(AP) — The Army general in charge of getting Covid-19 vaccines across the United States apologized on Saturday for "miscommunication" with states over the number of doses to be delivered in the early stages of distribution.
"I failed. I'm adjusting. I am fixing and we will move forward from there," Gen. Gustave Perna told reporters in a telephone briefing.
Perna's remarks came a day after a second vaccine was added in the fight against Covid-19, which has killed more than 312,000 people in the U.S. Governors in more than a dozen states have said the federal government has told them that next week's shipment of the Pfizer-BioNTech vaccine will be less than originally projected.
Perna acknowledged the criticism and accepted blame.
"I want to take personal responsibility for the miscommunication," he said. "I know that's not done much these days. But I am responsible. ... This is a Herculean effort and we are not perfect."
The general said he made mistakes by citing numbers of doses that he believed would be ready.
"I am the one who approved forecast sheets. I'm the one who approved allocations," Perna said. "There is no problem with the process. There is no problem with the Pfizer vaccine. There is no problem with the Moderna vaccine."
There's a distinction between manufactured vaccine and doses that are ready to be released. The finished product must undergo "rigorous quality control and sterility tests," which can take up to a month, the Department of Health and Human Services said.
The Food and Drug Administration then must receive a certificate of analysis 48 hours before the manufacturer ships a batch, the government said.
Perna said the government now is on track to get approximately 20 million doses to states by the first week of January, a combination of the newly approved Moderna vaccine and the Pfizer-BioNTech vaccine.
Perna said 2.9 million Pfizer-BioNTech doses have been delivered to states so far.
In Michigan, where the Pfizer vaccine is produced, Democratic Gov. Gretchen Whitmer on Friday accused the White House of "slow-walking the process." Michigan is due 60,000 doses of the Pfizer-BioNTech vaccine in its second allotment, down from an anticipated 84,825.
"We have Michigan hospitals and nursing homes ready to administer this vaccine," she said.
By ED WHITE and JILL COLVIN Associated Press


courthousenews--2020-12-19--Attacks on Election Integrity in Georgia Tests System Key to Democracy During Runoff

( CN ) — At a press conference Thursday , Dec. 10 , voting system implementation manager for the Georgia Secretary of State Gabriel Sterling , tried to clear up some of the disinformation around the election .
Over the last few weeks , Sterling has taken the podium in front of the south stairs of the Georgia Capitol to give updates and explain the process as the state tallied the results of the November general election , launched a hand re-tally audit and finally a recount of the results .
And with that job , he has pushed back @ @ @ @ @ @ @ November ’ s general election , fueled by President Donald Trump , doubts and misinformation spread regarding Georgia ’ s voter system .
But in this critical race that will determine the makeup of the U.S. Senate , the question remains of how voters are responding to the claims their election system is faulty in this runoff and elections beyond .
“ Giving oxygen to this continued disinformation is leading to a continuing erosion in people ’ s belief in our elections and our processes , ” Sterling said during the conference .
@ @ @ @ @ @ @ laws.
” At the press conference last week , Sterling ran down a list of false allegations that cropped up in the aftermath of President-elect Joe Biden ’ s narrow win in the state .
No , neither he nor other election officials have seen money from the Chinese communists , Sterling said .
No , he ’ s not a commie .
However , the Trump campaign has fanned the smoldering embers of debunked stories .
No , there wasn ’ t a rush of felons voting in the election , Sterling @ @ @ @ @ @ @ s office is investigating less than 100 instances of felons possibly voting .
And Sterling said the system makes it impossible for unregistered or underaged people from casting ballots .
He compared the task of rebutting the misinformation to using a shovel against an ocean , the disinformation brought by Trump , using the august weight of the office of the president .
Sterling is a Republican .
His own family members can not believe that Trump lost the deep south state of Georgia .
But Biden narrowly won thanks to the normal @ @ @ @ @ @ @ the state , he said .
Then there ’ s talk of people who want to take their ball and go home , the folks who say they ’ d rather sit out the election .
“ Do not listen to those who tell you don ’ t vote on January 5 as a protest .
That ’ s silly .
It ’ s a silly thing to do , to deny yourself the vote , ” Sterling said .
On Dec. 14 , the Electoral College confirmed that Biden is the 46th @ @ @ @ @ @ @ day after , Trump retweeted attorney Lin Wood ’ s comments that Georgia Governor Brian Kemp and Secretary of State Brad Raffensperger should be jailed .
On Friday , Trump used Twitter to once again demand Kemp call the state Legislature into a special session to attack the election results .
“ Governor @ BrianKempGA of Georgia still has not called a Special Session , ” Trump wrote .
“ So easy to do , why is he not doing it ?
It will give us the State .
MUST ACT NOW !
@ @ @ @ @ @ @ integrity of Georgia ’ s voting infrastructure has trickled down into the runoff race .
Republicans Senator David Perdue , seeking reelection , and Senator Kelly Loeffler , seeking to keep the seat she was appointed to after former Senator Johnny Isakson stepped down , have both called on Raffensperger to step down over his administration of the election .
They again issued a joint statement supporting the Texas Attorney General ’ s failed effort at the U.S. Supreme Court seeking to overturn the results of the election .
This week , they @ @ @ @ @ @ @ list of the newly registered voters who signed up to vote between the general and runoff election .
Raffensperger hit back in a statement .
Not only were the lists publicly available , someone at the National Republican Senatorial Committee said both campaigns already had the data .
While the Secretary of State ’ s office has been vocal in countering the president , the guidance it has given state officials running the election has been sparse .
Courthouse News made a records request for all the communications the Secretary of State sent @ @ @ @ @ @ @ security of the runoff in the weeks following the general election .
It provided two messages from Elections Division Director Chris Harvey , one which directed election officials to a link where Dominion Voting Machines , which provided the state ’ s election equipment , created a page on its website debunking some of the disinformation leveled against it .
The Secretary of State ’ s office did not reply to Courthouse News ’ requests to interview Sterling or questions regarding its records request .
Similarly , the Perdue and Loeffler campaigns did @ @ @ @ @ @ @ Wednesday , Loeffler repeatedly brushed aside questions from reporters asking if she accepted Biden ’ s win of the White House .
But even while the Secretary of State ’ s office is parrying baseless allegations the election was rigged , a federal judge said Georgia ’ s election system is vulnerable to breaches and breakdown .
In an October opinion and order ahead of the general election , U.S. District Judge Amy Totenberg denied the Coalition for Good Governance ’ s request to switch the state over to what it sees as @ @ @ @ @ @ @ hand-marked paper ballots .
The state was just rolling out the machines provided by Dominion Voting Systems and there was a learning curve , the judge reasoned .
But in the same opinion , Totenberg said the plaintiffs raised significant concerns about the state ’ s system .
“ The Plaintiffs ’ national cybersecurity experts convincingly present evidence that this is not a question of ‘ might this actually ever happen ?
’ — but ‘ when it will happen , ’ especially if further protective measures are not taken , ” Totenberg @ @ @ @ @ @ @ one of the first of its kind adopted by a state — has voters fill out their choices on a screen , which then orders a printer to spit out the ballot , and the voter ’ s selections are recorded when a scanner reads a barcode printed on the ballot .
The problem is two-fold , the Coalition argues .
First , the tablet screens voters use to fill out their ballots are large enough that other people can see a voter ’ s selections — eroding secrecy of the ballot .
@ @ @ @ @ @ @ with a barcode they can not verify .
Furthermore , according to the coalition ’ s director Marilyn Marks , it ’ s a quirk of human nature for voters to trust the machines and not to check their ballots after they are printed and before they are fed into a scanner , and they take the sticker declaring “ I secured my vote !
” and leave the polls .
The Coalition for Good Governance is spending the runoff election gathering data , collecting evidence , and working as election observers credentialed @ @ @ @ @ @ @ in a phone interview .
“ We have watched voters coming to small polling places in rural areas and literally you could see the fear on their faces , being afraid to vote in front of the minister ’ s wife , the landlord , whatever .
We have heard poll managers talk to voters about how they were voting and say things like ‘ Ima tell your daddy , ’ ” Marks said .
She says it ’ s an insecure voting system and the best way to currently cast a ballot @ @ @ @ @ @ @ with its hand-marked ballot , filling it out and signing the envelope carefully and either mailing it or dropping it off .
“ If it ’ s a choice between not voting and voting on the machines , definitely vote .
Definitely vote on the machine because your chances of it being recorded correctly are still good and that voting is still the right thing to do , ” Marks said .
Justin Levitt , an election law expert and law professor at Loyola Marymount University , said election officials in Georgia were @ @ @ @ @ @ @ and saying Trump didn ’ t win under the state ’ s election rules .
“ If the alternative is Kemp engineering a takeover of the election process , contrary to what the voters of Georgia actually wanted , it has to be that eventually standing up for what the voters actually said is better for confidence in future elections than not doing that , ” Levitt said .
Levitt noted there are election-related conspiracy theories on the left and the right .
Feeding some of the distrust in the election was the @ @ @ @ @ @ @ ’ s seat .
Two years ago , Georgia saw a notably contentious race for governor , between Republican Brian Kemp — who did not resign as secretary of state and oversaw his own election — and voting rights activist Stacy Abrams .
Levitt said Abrams did not deny Kemp had won , but used her speech to highlight deficiencies and unfairness in the system .
“ Abrams refused to deliver a concession speech but she acknowledged early and often that Brian Kemp won given the rules in place and that he would @ @ @ @ @ @ @ ’ s not what Donald Trump has done , ” Levitt said .
Trump ’ s lawsuits are affecting the misinformation in 2020 because the lawsuits , despite largely floundering when brought before judges , have been filed and supported by the president .
The sheer volume feeds the narrative .
“ People aren ’ t used to frivolous litigation by the president , ” Levitt said .
It leads to a situation “ profoundly weird ” where millions of Americans believe the election in Georgia was stolen by GOP election officials for @ @ @ @ @ @ @ ’ s logical to believe the president ’ s rhetoric is not helping the Republican Party during the runoff , he said .
For the campaign running on the ground , the Republicans who won ’ t acknowledge Biden ’ s victory even after the electoral college certified the election , it presents a messaging problem to communicate the stakes of the election .
“ One of the reasons you don ’ t just invent facts about a rigged election is people don ’ t want to participate in a rigged election , @ @ @ @ @ @ @ hard to predict what may happen next , Levitt said .
Typically , runoff elections are low-turnout events .
Typically , elections aren ’ t run during pandemics .
But this is an election to determine whether the U.S. Senate is favorable to a new administration or generally hostile .
Plus , voters broke turnout records during the November election weeks before .
To understand what ’ s happening in Georgia , you have to talk to the Georgia voter , Levitt said .
On Monday , during the first day of Georgia @ @ @ @ @ @ @ custodial supervisor Hilda Smith , 66 , voted at Atlanta ’ s State Farm Arena for Democrats Ossoff and Warnock saying the other party didn ’ t do enough to help the country .
He did so expressing caution about the security of the election system that he says has flaws .
“ It ’ s the best we ’ ve got right now .
I hope they work out the bugs in the system down the road somewhere , ” Smith said .
A few hours south in Savannah , Mildred McClain @ @ @ @ @ @ @ as she stood outside the Savannah Civic Center to cast her support for the Democrats in the races .
The 71-year-old who runs a community-based organization said she “ absolutely , absolutely ” has confidence in the election system .
The voting system has checks and balances and the people running it , “ though they may be Republican , they have good moral courage , and they ’ ll do the right thing , ” she said .
Courthouse News reporters Lauren Gallet and Kayla Goggin contributed to this report .

In the weeks following November’s general election, fueled by President Donald Trump, doubts and misinformation spread regarding Georgia’s voter system. But in this critical race that will determine the makeup of the U.S. Senate, the question remains of how voters are responding to the claims their election system is faulty in this runoff and elections beyond.
(CN) — At a press conference Thursday, Dec. 10, voting system implementation manager for the Georgia Secretary of State Gabriel Sterling, tried to clear up some of the disinformation around the election.
Over the last few weeks, Sterling has taken the podium in front of the south stairs of the Georgia Capitol to give updates and explain the process as the state tallied the results of the November general election, launched a hand re-tally audit and finally a recount of the results. And with that job, he has pushed back on disinformation.
In the weeks following November’s general election, fueled by President Donald Trump, doubts and misinformation spread regarding Georgia’s voter system. But in this critical race that will determine the makeup of the U.S. Senate, the question remains of how voters are responding to the claims their election system is faulty in this runoff and elections beyond.
"Giving oxygen to this continued disinformation is leading to a continuing erosion in people's belief in our elections and our processes,” Sterling said during the conference. “We have rules, we have laws.”
At the press conference last week, Sterling ran down a list of false allegations that cropped up in the aftermath of President-elect Joe Biden’s narrow win in the state.
No, neither he nor other election officials have seen money from the Chinese communists, Sterling said. No, he’s not a commie.
However, the Trump campaign has fanned the smoldering embers of debunked stories.
No, there wasn’t a rush of felons voting in the election, Sterling said. The Secretary of State’s office is investigating less than 100 instances of felons possibly voting. And Sterling said the system makes it impossible for unregistered or underaged people from casting ballots.
He compared the task of rebutting the misinformation to using a shovel against an ocean, the disinformation brought by Trump, using the august weight of the office of the president.
Sterling is a Republican. His own family members cannot believe that Trump lost the deep south state of Georgia. But Biden narrowly won thanks to the normal ebbs and flows of demographic change in the state, he said.
Then there’s talk of people who want to take their ball and go home, the folks who say they’d rather sit out the election.
“Do not listen to those who tell you don't vote on January 5 as a protest. That's silly. It's a silly thing to do, to deny yourself the vote,” Sterling said.
On Dec. 14, the Electoral College confirmed that Biden is the 46th president of the United States. The day after, Trump retweeted attorney Lin Wood’s comments that Georgia Governor Brian Kemp and Secretary of State Brad Raffensperger should be jailed.
On Friday, Trump used Twitter to once again demand Kemp call the state Legislature into a special session to attack the election results.
“Governor @BrianKempGA of Georgia still has not called a Special Session,” Trump wrote. “So easy to do, why is he not doing it? It will give us the State. MUST ACT NOW!”
The doubt Trump expressed in the integrity of Georgia’s voting infrastructure has trickled down into the runoff race. Republicans Senator David Perdue, seeking reelection, and Senator Kelly Loeffler, seeking to keep the seat she was appointed to after former Senator Johnny Isakson stepped down, have both called on Raffensperger to step down over his administration of the election.
They again issued a joint statement supporting the Texas Attorney General’s failed effort at the U.S. Supreme Court seeking to overturn the results of the election.
This week, they accused Raffensperger of failing to provide a list of the newly registered voters who signed up to vote between the general and runoff election.


courthousenews--2020-12-19--Portland’s Eviction Numbers Similar to Previous Years, Despite Moratoriums

PORTLAND , Ore. ( CN ) — As Oregon lawmakers mull an extension of the state moratorium on evictions caused by the Covid-19 pandemic , numbers show that current moratoriums haven ’ t done much to slow the numbers of Portland families tossed out of their homes .
Ryan Pauley was confused when his landlord tracked him down at a basketball court and handed him a three-day notice to vacate his home in northeast Portland ’ s Cully neighborhood .
Pauley was laid off in March , when the doggie daycare he worked for downsized because people started staying home @ @ @ @ @ @ @ Four months later , he had exhausted his savings .
In July , he couldn ’ t pay his $ 1,650 monthly rent .
He was counting on state and county moratoriums prohibiting evictions where tenants can ’ t pay rent because of a pandemic-related income loss .
At his first court appearance , Pauley voiced his confusion .
“ Isn ’ t there a moratorium against this ?
” Pauley asked during a hearing with Multnomah County Circuit Court Judge Mark Peterson .
The case lacked clear foundation in the law .
@ @ @ @ @ @ @ Peterson noted in court records that the landlord ’ s claims contradict the state moratorium and postponed further hearings until January , after the moratorium was set to expire .
Vladimir Ozeruga owns the eight-unit building where Pauley lives .
Reached by phone , Ozeruga called Pauley “ lazy ” and accused him of growing marijuana in his apartment .
That claim does not appear in court documents outlining reasons for the eviction action .
The only reason listed is non-payment of rent .
Multnomah County , which includes Portland , on Thursday @ @ @ @ @ @ @ .
Meanwhile , lawmakers will vote Monday whether to extend the statewide moratorium .
None of that was a deterrent for Ozeruga .
“ We ’ ll see what the judge will say , ” Ozeruga said .
“ If he doesn ’ t evict him , I will be looking for another way to evict him.
” Ozeruga also sued Pauley in small claims court for $ 8,000 of back rent , even though the moratorium includes a six-month grace period for repayment , beginning July 2 .
“ This whole thing @ @ @ @ @ @ @ my life , ” Pauley told Courthouse News .
“ It ’ s a very awkward situation when a person of power is abusing his control over my place to live.
” Pauley isn ’ t the only one in the lurch of an eviction summons when he thought he was protected by a moratorium .
According to an analysis from the National Low Income Housing Coalition , 19 million Americans are facing eviction on New Year ’ s Day , when federal rules that prevent landlords from tossing out tenants for Covid-19-related @ @ @ @ @ @ @ .
Eviction proceedings in Multnomah County Circuit Court were slowed to a trickle when courts closed for the first months of the pandemic .
Still , 19 households were evicted during that time , according to numbers provided by the Multnomah County Sheriff ’ s Office .
Sheriffs are required under Oregon law to carry out judges ’ eviction orders .
Evictions from April through July were mostly based on court orders from before the federal and state eviction moratoriums began .
A few new cases proceeded during that time where landlords claimed @ @ @ @ @ @ @ constitutional right , jeopardize public health or safety , or result in imminent irreparable harm .
When the eviction court started hearing cases again on Aug. 3 , state and county moratoriums remained in place .
But evictions ramped up , with 153 households forced out of their homes before Nov. 19 , when the court again stopped hearing cases because of Gov .
Brown ’ s “ freeze ” order , due to increasing cases of Covid-19 .
In September , the month with the highest number of court-ordered evictions since the @ @ @ @ @ @ @ 61 households — on par with 2018 ’ s monthly average of 63 evictions , and not far below the monthly average of 76 in 2019 .
And 63 additional families lost their homes in September after agreeing to move out instead of fighting an eviction .
Since Oregon law doesn ’ t require tenant access to an attorney , they often show up to court alone to face off with a seasoned property management lawyer .
The judge often gives them just a few minutes to hash out an agreement .
Under @ @ @ @ @ @ @ look like the only way to avoid an eviction on their credit report .
Moratorium or not , housing attorney Doug Hagerman said evictions have continued at a pace similar to previous years .
“ They haven ’ t really slowed down at all , ” Hagerman said .
Under Multnomah County ’ s moratorium , landlords can still evict tenants who don ’ t pay their rent for reasons other than job loss due to the pandemic .
Evictions are also allowed for other reasons , like illegal acts or other lease @ @ @ @ @ @ @ Courthouse News accused tenants of not paying their rent in combination with other small infractions .
One case documented the months when a woman had fallen behind on rent , but the landlord ’ s stated reason for asking a judge to evict her was that she had given out the security code to access the apartment complex to her boyfriend .
Colleen Carroll , a co-founder of renters ’ advocacy group Don ’ t Evict PDX , has watched remote eviction hearings daily since the courts re-opened this summer .
“ For @ @ @ @ @ @ @ will make access to future housing nearly impossible is a fear that they walk into that courtroom with and they will do anything to keep that from happening to themselves and their families , ” Carroll said .
In early December , as winter loomed and case counts spiraled higher than ever , researchers linked U.S. evictions to 10,000 deaths from Covid-19 .
That followed a September warning from the Centers for Disease Control and Prevention that evictions could be “ detrimental ” to efforts to prevent the spread of the novel coronavirus @ @ @ @ @ @ @ reason to kick somebody out of their housing right now , ” Carroll said .
“ There ’ s just no good reason .
”

As Oregon lawmakers mull an extension of the state moratorium on evictions caused by the Covid-19 pandemic, numbers show that current moratoriums haven’t done much to slow the numbers of Portland families tossed out of their homes.
PORTLAND, Ore. (CN) — As Oregon lawmakers mull an extension of the state moratorium on evictions caused by the Covid-19 pandemic, numbers show that current moratoriums haven’t done much to slow the numbers of Portland families tossed out of their homes.
Ryan Pauley was confused when his landlord tracked him down at a basketball court and handed him a three-day notice to vacate his home in northeast Portland’s Cully neighborhood.
Pauley was laid off in March, when the doggie daycare he worked for downsized because people started staying home and keeping their dogs with them. Four months later, he had exhausted his savings. In July, he couldn’t pay his $1,650 monthly rent. He was counting on state and county moratoriums prohibiting evictions where tenants can’t pay rent because of a pandemic-related income loss.
At his first court appearance, Pauley voiced his confusion.
“Isn’t there a moratorium against this?” Pauley asked during a hearing with Multnomah County Circuit Court Judge Mark Peterson.
The case lacked clear foundation in the law. But instead of tossing it out, Peterson noted in court records that the landlord’s claims contradict the state moratorium and postponed further hearings until January, after the moratorium was set to expire.
Vladimir Ozeruga owns the eight-unit building where Pauley lives. Reached by phone, Ozeruga called Pauley “lazy” and accused him of growing marijuana in his apartment. That claim does not appear in court documents outlining reasons for the eviction action. The only reason listed is non-payment of rent.
Multnomah County, which includes Portland, on Thursday extended its eviction moratorium through July 2. Meanwhile, lawmakers will vote Monday whether to extend the statewide moratorium.
None of that was a deterrent for Ozeruga.
“We’ll see what the judge will say,” Ozeruga said. “If he doesn’t evict him, I will be looking for another way to evict him.”
Ozeruga also sued Pauley in small claims court for $8,000 of back rent, even though the moratorium includes a six-month grace period for repayment, beginning July 2.
“This whole thing has caused a lot of anxiousness in my life,” Pauley told Courthouse News. “It’s a very awkward situation when a person of power is abusing his control over my place to live.”
Pauley isn’t the only one in the lurch of an eviction summons when he thought he was protected by a moratorium. According to an analysis from the National Low Income Housing Coalition, 19 million Americans are facing eviction on New Year’s Day, when federal rules that prevent landlords from tossing out tenants for Covid-19-related non-payment of rent are set to expire.
Eviction proceedings in Multnomah County Circuit Court were slowed to a trickle when courts closed for the first months of the pandemic. Still, 19 households were evicted during that time, according to numbers provided by the Multnomah County Sheriff’s Office. Sheriffs are required under Oregon law to carry out judges’ eviction orders.
Evictions from April through July were mostly based on court orders from before the federal and state eviction moratoriums began. A few new cases proceeded during that time where landlords claimed a delay would violate a legal or constitutional right, jeopardize public health or safety, or result in imminent irreparable harm.
When the eviction court started hearing cases again on Aug. 3, state and county moratoriums remained in place. But evictions ramped up, with 153 households forced out of their homes before Nov. 19, when the court again stopped hearing cases because of Gov. Brown’s “freeze” order, due to increasing cases of Covid-19.
In September, the month with the highest number of court-ordered evictions since the pandemic began, Multnomah County sheriffs evicted 61 households — on par with 2018’s monthly average of 63 evictions, and not far below the monthly average of 76 in 2019.
And as many as 63 additional families may have lost their homes in September after signing agreements that can include moving out instead of fighting an eviction. Since Oregon law doesn’t require tenant access to an attorney, they often show up to court alone to face off with a seasoned property management lawyer.
The judge often gives them just a few minutes to hash out an agreement. Under those conditions, moving out voluntarily can look like the only way to avoid an eviction on their credit report.
Moratorium or not, housing attorney Doug Hagerman said evictions have continued at a pace similar to previous years.
“They haven’t really slowed down at all,” Hagerman said.
Under Multnomah County’s moratorium, landlords can still evict tenants who don’t pay their rent for reasons other than job loss due to the pandemic. Evictions are also allowed for other reasons, like illegal acts or other lease violations.
Some landlord complaints reviewed by Courthouse News accused tenants of not paying their rent in combination with other small infractions. One case documented the months when a woman had fallen behind on rent, but the landlord’s stated reason for asking a judge to evict her was that she had given out the security code to access the apartment complex to her boyfriend.
Colleen Carroll, a co-founder of renters’ advocacy group Don’t Evict PDX, has watched remote eviction hearings daily since the courts re-opened this summer.
“For most folks, understanding how an eviction will make access to future housing nearly impossible is a fear that they walk into that courtroom with and they will do anything to keep that from happening to themselves and their families,” Carroll said.
In early December, as winter loomed and case counts spiraled higher than ever, researchers linked U.S. evictions to 10,000 deaths from Covid-19. That followed a September warning from the Centers for Disease Control and Prevention that evictions could be “detrimental” to efforts to prevent the spread of the novel coronavirus.
“There’s no good reason to kick somebody out of their housing right now,” Carroll said. “There’s just no good reason.”


courthousenews--2020-12-20--Senate Approves Trump’s Pick for California Federal Judge

WASHINGTON ( CN ) — Senators voted to confirm Fernando Lazaro Allene-Rocha for a seat on the Central District of California bench Sunday following an agreement on a Covid-19 relief bill .
Allene-Rocha worked for the federal government from 1987 until 1999 , starting in Los Angeles County as a deputy district attorney .
He spent about four years with the Southern District of Florida as an assistant U.S. attorney before moving to the Central District of California in the same position .
From there , Allene-Roca dove into private practice , working as an associate with Stephan , Oringher @ @ @ @ @ @ @ Angeles firm focused on a wide variety of litigation from antitrust suits to sports and entertainment representation .
He was a partner with White and Case before being seated on the Los Angeles County Superior Court in 2017 .
Unlike the majority of outgoing President Donald Trump ’ s pick for the federal judiciary , Allene-Rocha is not a member recommended by the Federalist Society — a conservative legal organization headed by Leonard Leo .
In a Senate questionnaire in response to questions from Dianne Feinstein , a California Democrat , Allene-Roca says @ @ @ @ @ @ @ from the organization about his possible federal court nomination .
Nor has anyone in the group discussed his views on administrative law , Allene-Roca wrote .
Two landmark U.S. Supreme Court rulings — Roe v. Wade and Obergefell v. Hodges — were correctly decided and settled law , Allene-Roca wrote .
The California judge also wrote he would faithfully apply Supreme Court precedent when interpreting legislative history of laws and apply judicial restraint .
“ I understand judicial restraint to mean that a judge will render a decision and tailor a remedy , @ @ @ @ @ @ @ , facts , and law before the court , ” Allene-Roca wrote .
On Thursday , Senate Majority Leader Mitch McConnell set up a likely weekend vote on another judge : Thompson Michael Dietz .
If confirmed , Dietz will serve on the United States Court of Federal Claims .
The position is a 15-year appointment .
Dietz currently is an associate counsel at a New Jersey tax firm , CohnReznick .
He spent the majority of his career in Baltimore , where he worked pro bono at the Community Law Center .
@ @ @ @ @ @ @ from Senator Sheldon Whitehouse , a Rhode Island Democrat , Dietz denies having any involvement with the Federalist Society .
“ I believe that an independent federal judiciary is an essential component of our society and system of government , ” Dietz wrote .
In the same questionnaire , Dietz answers similarly to Allene-Roca on questions of settled Supreme Court law : Roe v. Wade and Obergefell v. Hodges were settled law .
“ My 15 years of legal experience in federal government contracts qualifies me to serve on the Court of Federal @ @ @ @ @ @

Senators teed up the confirmation of Fernando Lazaro Allene-Rocha for a seat on the Central District of California bench Friday, by formally considering his nomination on the floor.
WASHINGTON (CN) — Senators voted to confirm Fernando Lazaro Aenlle-Rocha for a seat on the Central District of California bench Sunday following an agreement on a Covid-19 relief bill.
Aenlle-Rocha worked for the federal government from 1987 until 1999, starting in Los Angeles County as a deputy district attorney. He spent about four years with the Southern District of Florida as an assistant U.S. attorney before moving to the Central District of California in the same position.
From there, Aenlle-Rocha dove into private practice, working as an associate with Stephan, Oringher, Richman and Theodora — a Los Angeles firm focused on a wide variety of litigation from antitrust suits to sports and entertainment representation. He was a partner with White and Case before being seated on the Los Angeles County Superior Court in 2017.
Unlike the majority of outgoing President Donald Trump’s pick for the federal judiciary, Aenlle-Rocha is not a member recommended by the Federalist Society — a conservative legal organization headed by Leonard Leo.
In a Senate questionnaire in response to questions from Dianne Feinstein, a California Democrat, Aenlle-Rocha says he hasn’t talked with anyone from the organization about his possible federal court nomination. Nor has anyone in the group discussed his views on administrative law, Aenlle-Rocha wrote.
Two landmark U.S. Supreme Court rulings — Roe v. Wade and Obergefell v. Hodges — were correctly decided and settled law, Aenlle-Rocha wrote. The California judge also wrote he would faithfully apply Supreme Court precedent when interpreting legislative history of laws and apply judicial restraint.
“I understand judicial restraint to mean that a judge will render a decision and tailor a remedy, if appropriate, based on the parties, facts, and law before the court,” Aenlle-Rocha wrote.
On Thursday, Senate Majority Leader Mitch McConnell set up a likely weekend vote on another judge: Thompson Michael Dietz. If confirmed, Dietz will serve on the United States Court of Federal Claims. The position is a 15-year appointment.
Dietz currently is an associate counsel at a New Jersey tax firm, CohnReznick. He spent the majority of his career in Baltimore, where he worked pro bono at the Community Law Center.
In a Senate questionnaire, fielding questions from Senator Sheldon Whitehouse, a Rhode Island Democrat, Dietz denies having any involvement with the Federalist Society.
“I believe that an independent federal judiciary is an essential component of our society and system of government,” Dietz wrote.
In the same questionnaire, Dietz answers similarly to Aenlle-Rocha on questions of settled Supreme Court law: Roe v. Wade and Obergefell v. Hodges were settled law.
“My 15 years of legal experience in federal government contracts qualifies me to serve on the Court of Federal Claims,” Dietz wrote.


courthousenews--2020-12-20--Congress Strikes Deal for Covid Relief

Congress Strikes Deal for Covid Relief

WASHINGTON ( CN ) — The coronavirus pandemic has rocked the United States for 11 months , leaving millions unemployed and hundreds of thousands dead , but a deal for emergency relief has finally been struck in Congress Sunday afternoon .
“ We can finally report what our nation has needed to hear for a very long time : More help is on the way , ” he said .
Lawmakers still need to pass a continuing resolution , temporarily infusing the U.S. economy with much needed cash before another shutdown threatens to shutter the government .
McConnell said the @ @ @ @ @ @ @ text of the bill .
The House is expected to vote on it Monday , followed by the Senate .
“ I ’ m hopeful we can do this as promptly as possible , ” he said .
“ The emergency relief in this agreement , the second largest in history only to the CARES Act , is an important first step that Democrats look forward to building on under the new Biden-Harris Administration to meet the remaining needs of the American people during this historic health and economic crisis , ” House @ @ @ @ @ @ @ Charles Schumer said in a joint statement .
Ahead of the rollout , senators wrestled on terms of passing the relief legislation .
For several days at press conferences or from the floor of the Senate , McConnell vowed the body was “ going nowhere ” until it passed bipartisan relief .
The Kentucky Republican did , however , successfully confirm another judge mere hours later , then two more on Wednesday and again on Thursday and is poised to approve at least one more through the weekend .
Upping the ante in @ @ @ @ @ @ @ a firm position with leadership that they would vote against any measure missing stimulus checks .
In the new agreement , relief aid somewhat mirrors what was offered by the Problem Solvers Caucus , a bipartisan group of 50 moderate lawmakers who sought to break up the congressional logjam once and for all with a two-part compromise earlier this week .
Aid agreed to Sunday totals $ 900 billion and the funds will be used to extend unemployment benefits for another 10 weeks .
It will feature a $ 300 weekly unemployment benefit @ @ @ @ @ @ @ in the House-passed $ 2.2 trillion Heroes Act this May but gig workers and frontline pandemic workers will be able to collect the insurance as well .
Direct payments like the $ 1,200 stimulus checks issued at the start of the pandemic will not be included .
Instead , individuals will receive $ 600 .
Small businesses will receive $ 325 billion in relief and the Paycheck Protection Program which issues loans to companies that need to keep employees on the payroll , will see an investment of $ 257 billion .
Arts @ @ @ @ @ @ @ by the pandemic will also receive a boost of about $ 17 billion .
Senator Bernie Sanders , from the Senate floor before negotiations were finalized , said Americans were financially dependent on government stimulus in a way not realized since the Great Depression .
In his own neighborhood , he said on Dec. 16 , he would never forget the sight of thousands of cars congesting a local highway as families queued to a local food bank .
“ It is my hope that not only do we make sure that unemployment @ @ @ @ @ @ @ at $ 300 per week , it is my hope that we can see some light here and get to the $ 1,200 direct payment that adults in this country desperately need , ” Sanders said .
Thursday , Senate Minority Whip Dick Durbin outlined aspects of the Problem Solvers ’ proposal in-depth , noting the bill contained $ 13 billion to shore up food stamp programs , and $ 34 billion for hospitals .
Democrats and Republicans agreed to another $ 82 billion to bail out higher education programs and universities while @ @ @ @ @ @ @ one of the nation ’ s biggest issues : Access to affordable child care .
“ If they can ’ t find childcare , many people can ’ t go back to work , ” Durbin said .
“ We want to give them help.
” Broadband accessibility too , is increasingly difficult to fund and Durbin said legislators wanted to help kick-start it— especially as access to the internet became essential as students transitioned to online learning .
“ Funding the government is basic to our work in Congress and this Covid @ @ @ @ @ @ @ ” he said .
Strapped renters will see some relief too : The deal dumps $ 25 billion into a rental assistance pot .
Some $ 35 billion would be allotted just for a health care provider relief fund and $ 16 billion will flow to coronavirus testing and distribution of the long-awaited Covid-19 vaccine .
The Foundation for Economic Education reported in early December that polling conducted by the longtime independent news group Education Week suggests roughly 5 million school age children in the U.S. are learning from home .
As for @ @ @ @ @ @ @ another deal will be made later , something McConnell forecast earlier this week .
“ We all know the new administration is going to be asking for yet another package , ” he said Tuesday before the deal was rolled out .
“ It ’ s not like we won ’ t have another opportunity to debate the merits of liability reform and state and local government in the very near future.
” That coming bill will likely include language around the liability protections that had stalled negotiations for months .

The coronavirus pandemic has rocked the United States for 11 months, leaving millions unemployed and hundreds of thousands dead, but a deal for emergency relief has finally been struck in Congress Sunday afternoon.
WASHINGTON (CN) — The coronavirus pandemic has rocked the United States for 11 months, leaving millions unemployed and hundreds of thousands dead, but a deal for emergency relief has finally been struck in Congress Sunday afternoon.
Senate Majority Leader Mitch McConnell made the announcement Sunday.
“We can finally report what our nation has needed to hear for a very long time: More help is on the way,” he said.
Lawmakers still need to pass a continuing resolution, temporarily infusing the U.S. economy with much needed cash before another shutdown threatens to shutter the government.
McConnell said the two sides were still negotiating the final text of the bill. The House is expected to vote on it Monday, followed by the Senate.
“I’m hopeful we can do this as promptly as possible,” he said.
“The emergency relief in this agreement, the second largest in history only to the CARES Act, is an important first step that Democrats look forward to building on under the new Biden-Harris Administration to meet the remaining needs of the American people during this historic health and economic crisis," House Speaker Nancy Pelosi and Senate Minority Leader Charles Schumer said in a joint statement.
Ahead of the rollout, senators wrestled on terms of passing the relief legislation. For several days at press conferences or from the floor of the Senate, McConnell vowed the body was “going nowhere” until it passed bipartisan relief.
The Kentucky Republican did, however, successfully confirm another judge mere hours later, then two more on Wednesday and again on Thursday and is poised to approve at least one more through the weekend.
Upping the ante in negotiations, the Congressional Progressive Caucus took a firm position with leadership that they would vote against any measure missing stimulus checks.
In the new agreement, relief aid somewhat mirrors what was offered by the Problem Solvers Caucus, a bipartisan group of 50 moderate lawmakers who sought to break up the congressional logjam once and for all with a two-part compromise earlier this week.
Aid agreed to Sunday totals $900 billion and the funds will be used to extend unemployment benefits for another 10 weeks.
It will feature a $300 weekly unemployment benefit, lower than what the Democrats sought in the House-passed $2.2 trillion Heroes Act this May but gig workers and frontline pandemic workers will be able to collect the insurance as well.
Direct payments like the $1,200 stimulus checks issued at the start of the pandemic will not be included. Instead, individuals will receive $600.
Small businesses will receive $325 billion in relief and the Paycheck Protection Program which issues loans to companies that need to keep employees on the payroll, will see an investment of $257 billion.
Arts and entertainment venues that have been brutalized by the pandemic will also receive a boost of about $17 billion.
Senator Bernie Sanders, from the Senate floor before negotiations were finalized, said Americans were financially dependent on government stimulus in a way not realized since the Great Depression. In his own neighborhood, he said on Dec. 16, he would never forget the sight of thousands of cars congesting a local highway as families queued to a local food bank.
“It is my hope that not only do we make sure that unemployment benefits are extended for another 16 weeks at $300 per week, it is my hope that we can see some light here and get to the $1,200 direct payment that adults in this country desperately need,” Sanders said.
Thursday, Senate Minority Whip Dick Durbin outlined aspects of the Problem Solvers’ proposal in-depth, noting the bill contained $13 billion to shore up food stamp programs, and $34 billion for hospitals.
Democrats and Republicans agreed to another $82 billion to bail out higher education programs and universities while setting aside $10 billion to address one of the nation’s biggest issues: Access to affordable child care.
“If they can’t find childcare, many people can’t go back to work,” Durbin said. “We want to give them help.”
Broadband accessibility too, is increasingly difficult to fund and Durbin said legislators wanted to help kick-start it— especially as access to the internet became essential as students transitioned to online learning.
“Funding the government is basic to our work in Congress and this Covid relief bill is essential as well,” he said.
Strapped renters will see some relief too: The deal dumps $25 billion into a rental assistance pot. Some $35 billion would be allotted just for a health care provider relief fund and $16 billion will flow to coronavirus testing and distribution of the long-awaited Covid-19 vaccine.
The Foundation for Economic Education reported in early December that polling conducted by the longtime independent news group Education Week suggests roughly 5 million school age children in the U.S. are learning from home.
As for state and local governments awaiting assistance, another deal will be made later, something McConnell forecast earlier this week.
“We all know the new administration is going to be asking for yet another package,” he said Tuesday before the deal was rolled out. “It’s not like we won’t have another opportunity to debate the merits of liability reform and state and local government in the very near future.”
That coming bill will likely include language around the liability protections that had stalled negotiations for months.


courthousenews--2020-12-20--Virginia’s Covid Rental Relief Program Reflects State’s Changing Politics

Editor ’ s note : If you ’ re a Virginian impacted by Covid-related rent issues you can find out more about the state program here .
RICHMOND , Va. ( CN ) — While Virginia isn ’ t the only state facing an eviction crisis under the weight of the ongoing coronavirus pandemic , it has a history of being less tenant friendly with few protections for those who fail to make rent .
But a new Democratic majority , along with the state ’ s Democratic governor , devised a temporary fix that not only created new protections @ @ @ @ @ @ @ ’ needs .
Called the Virginia Rent and Mortgage Relief Program , it has earned rare praise from both sides of the landlord/tenant relationship locally and nationwide .
Marty Wegbreit has been defending low income Virginians in eviction hearings for decades .
The director of litigation at Central Virginia Legal Aid , he has few nice things to say about landlords or how the state allows them to treat tenants .
“ Virginia didn ’ t get to be the number one state for business by accident , ” he joked in a @ @ @ @ @ @ @ ’ s longtime pro-business affinity , including pro-property owner legislation part of the “ Virginia way , ” a term often used by the state ’ s traditionally conservative Legislature .
But those same laws , he argued , led his home city of Richmond to have some of the highest eviction rates in the country , according to a 2016 Eviction Lab report .
But as the pandemic ravaged employment , it has led to changes to the state ’ s landlord/tenant laws that the longtime advocate called “ unprecedented.
” “ @ @ @ @ @ @ @ 40 years I ’ ve been involved in evictions , ” said Wegbreit on the package of changes , passed during a recent special legislative session , that he said flipped the state ’ s eviction process on its head .
The result of Covid-19 budgetary amendments approved by Governor Ralph Northam , the changes have added steps which move the filing of the eviction lawsuit and the actual removal of tenants toward the end of the process instead of at the beginning .
“ Using the eviction to collect rent rather than @ @ @ @ @ @ @ only as a last result , that ’ s the old way , ” Wegbreit said .
Virginia , like every other state , had struggled to properly address the onslaught of evictions .
While the state ’ s supreme court instituted an eviction moratorium shortly after Northam issued his earliest lockdown orders , it expired over the summer .
The patchwork of state and federal fixes created in its wake allowed a system Wegbreit called “ chaotic and unpredictable.
” But the RMRP and other changes , which all expire in June @ @ @ @ @ @ @ CARES Act funds and another $ 12 million from the state available to landlords to stem the flow of evictions .
“ This had bipartisan support , ” said Pamela Kestner , chief deputy of the Department of Housing and Community Development , who ’ s tasked with organizing the distribution of the wealth of funds .
She was grateful when legislators worked across the aisle to develop the expansive program .
“ How else are Virginians supposed to telework or learn from home if they don ’ t have a home , @ @ @ @ @ @ @ also being praised nationally .
Tracey Benson , president of the National Association of Independent Landlords , said she ’ s been inundated with calls from both members and nonmembers nationwide who are on dire straits .
“ Landlords feel like they ’ ve been left out in the cold , ” she said , noting eviction moratoriums might keep tenants in homes but don ’ t address the mortgage and utility payments landlords still have to make .
When landlords can ’ t pay those bills , she said , both the @ @ @ @ @ @ @ housing .
But after reviewing Virginia ’ s program she said few states have offered the kind of “ wonderful ” relief the state has created .
“ I ’ m surprised they ’ re doing this , ” she added , noting it goes beyond using local nonprofit groups which some states have relied on , or those states where no action has been taken by elected officials at all .
Patrick McCloud , CEO of the Virginia Apartment Management Association , said his 325 members who own 240,000 units welcomed the @ @ @ @ @ @ @ He ’ s been training his members on how to use the system which has processed about $ 41 million in rent and mortgage payments for 13,267 households throughout Virginia as of Dec. 2 .
The plan also creates a kind of eviction moratorium , using that revised eviction process which added eviction diversion steps like mandated notices of resources and easily requested stays , which McCloud and his group are not a fan of .
“ It ’ s not ideal , ” he said of the relief program which mandates also @ @ @ @ @ @ @ apply for funds which then get paid directly from the state or locally funded organization .
“ We want to be helpful , but it sets up the question for where the state is headed when it comes to the concept of personal responsibility , ” he added .
McCloud would rather see money go straight to tenants who then pay their rent , a system he said has been working .
He pointed to numbers showing landlord revenue is only down 2 % over 2019 because of programs like federally subsidized unemployment @ @ @ @ @ @ @ s hand before it lands in the landlord ’ s .
Still , he ’ s had landlords rise to the occasion ; in a recent member meeting one rental company said they were offering tenants $ 200 gift cards if they started the RMRP application process early in an effort to secure funds before it ’ s too late , an idea other members ’ took notice of .
“ There ’ s a belief in some communities that the property owner isn ’ t trying to help but we want to @ @ @ @ @ @ @ added .
Still , it puts landlords , long operating under the “ Virginia way , ” in a unique situation .
“ We still think it ’ s ultimately a resident ’ s responsibility to pay their rent , but we ’ re certainly glad to help people , ” he said , posing a philosophical issue that reflects the “ Virginia way.
” But Democratic Delegate Cia Price , D-Newport News , said she welcomed this affront to the state ’ s unwritten but often cited prioritization of business over consumers @ @ @ @ @ @ @ party ’ s majority which has already passed or is proposing never before seen changes in the law .
“ The conversation itself , from the General Assembly , has switched under Democratic control , with the understanding housing is a human right and not a privilege , ” said the legislator who has spearheaded housing issues since her second term in 2018 .
It started slowly , with Republicans still holding power in both chambers in 2019 but , faced with that ominous title of highest evictions following the Eviction Lab report @ @ @ @ @ @ @ But the new Democratic trifecta in the House , Senate and governor ’ s mansion in 2020 opened doors some advocates had considered long closed .
“ No advances whatsoever , we only went backwards , ” said Christie Marra , director of housing advocacy at the Virginia Poverty Law Center , about the majority of her last decade advocating for tenants .
“ When I tried to bring new landlord tenant bills , they couldn ’ t get them out of committee , let alone a patron to support it , ” @ @ @ @ @ @ @ , a collection of bills not only made it out of the more progressive House chamber they also made it through the more moderate Senate before landing on the governor ’ s desk for signature .
Some of the changes included additional protections for tenants based on source of income , notice requirements in the form of a tenant ’ s bill of rights informing them of what they can and can ’ t expect , and systems that allowed repair and deduct if a landlord wasn ’ t addressing long-needed repairs .
@ @ @ @ @ @ @ what a change it ’ s been , ” Marra said .
She ’ s hoping to keep that momentum when the legislature meets in January for their next annual session .
Among the long-thought-impossible efforts they ’ re working toward includes a law that would allow tenants to recover monetary damages when they win unlawful eviction disputes .
These new regulations , Marra said , aim to be an eviction deterrent rather than a regularly used tool .
“ I ’ m sure tenants would rather not lose their homes than go @ @ @ @ @ @ @ Price also hopes to sustain this momentum , but the progressive Democrat , now in her third term , has been in her seat long enough to know she ’ ll have to temper expectations .
“ We ’ re making huge strides to chip away at some of the inequitable parts of the landlord/tenant relationship , but there ’ s more work to be done , ” she said looking forward to 2021 .
But folks like McCloud , and the state ’ s business-friendly Republicans , will undoubtedly have a role @ @ @ @ @ @ @ hit Northam ’ s desk .
State Senator Amanda Chase , R-Chesterfield , who ’ s also running for the state ’ s 2021 GOP gubernatorial nomination , voted in favor of some of the legislation Price pushed in 2020 , including the tenants bill of rights .
“ You should give tenants as much information as you can about what ’ s expected , ” said the candidate whose outspoken , Trump-like comments often make more headlines than the pro-transparency policies she ’ s championed .
But she is still a Virginia @ @ @ @ @ @ @ saying any changes in landlord tenant laws , including new covid-linked regulations and programs , can have an impact on a landowner ’ s bottom line which can then be applied to the consumer .
“ With rental housing the commodity is time , ” he said .
“ You can ’ t recapture time , ” Recent changes in law , he argued , have allowed the eviction process to stretch from two months to as much as eight .
And , anecdotally , he said tenants two months behind rent , @ @ @ @ @ @ @ a loss for most of his members .
“ It wouldn ’ t be a shock to anyone to say Virginia is not as welcoming to business now as it was two years ago , ” he added about the changes he ’ s already seen .
Still , he ’ s not as apocalyptic as some when it comes to the future of rental laws in the state .
“ We are always open to working on housing , ” he said .
“ Our focus is making sure we ’ re @ @ @ @ @ @ @ the cost of housing and harm availability.
” But if Price and Democrats keep their majority , as the state has trended to the left for years , McCloud might be forced into conversations he and his members have never had before .
Among the covid-related efforts that Price hopes to see extended beyond their June deadline is changes to how many times a renter can make eviction payments up to two days before their final hearing .
Right now the state only allows once such excuse , but the delegate called that @ @ @ @ @ @ @ m giving you all the money owed to you , then what does it matter if I do it more than once , ” she said .
And while she ’ s sensitive to the horrors the pandemic ’ s has put on renters and landlords from all economic backgrounds , she can ’ t help but wonder if the national economic struggle might move the conversation around evictions beyond the “ Virginia way ” of personal responsibility and into the context of emergencies that can impact anyone no matter their income .
@ @ @ @ @ @ @ of hope , ” Price added .
But this pandemic is far from over .
While vaccines are being distributed to much praise the federal money from the CARES Act has long since run dry .
Negotiations around new money for states and localities in Congress have stumbled and the idea of those funds not being refilled sounded beyond the pale to Kestner back at the state ’ s Department of Housing and Community Development .
“ The state can ’ t do it alone , but we haven ’ t been , @ @ @ @ @ @ @ a dire tone it could be heard over the phone .
“ In my mind I couldn ’ t think of another approach to address the issue .
”

While Virginia isn’t the only state facing an eviction crisis under the weight of the ongoing coronavirus pandemic, it has a history of being less tenant friendly with few protections for those who fail to make rent.
RICHMOND, Va. (CN) — While Virginia isn’t the only state facing an eviction crisis under the weight of the ongoing coronavirus pandemic, it has a history of being less tenant friendly with few protections for those who fail to make rent.
But a new Democratic majority, along with the state’s Democratic governor, devised a temporary fix that not only created new protections for renters, it also addressed landlords’ needs. Called the Virginia Rent and Mortgage Relief Program, it has earned rare praise from both sides of the landlord/tenant relationship locally and nationwide.
Marty Wegbreit has been defending low income Virginians in eviction hearings for decades. The director of litigation at Central Virginia Legal Aid, he has few nice things to say about landlords or how the state allows them to treat tenants.
“Virginia didn’t get to be the number one state for business by accident,” he joked in a phone interview.
Wegbreit deemed the state’s longtime pro-business affinity, including pro-property owner legislation part of the “Virginia way,” a term often used by the state’s traditionally conservative Legislature. But those same laws, he argued, led his home city of Richmond to have some of the highest eviction rates in the country, according to a 2016 Eviction Lab report.
But as the pandemic ravaged employment, it has led to changes to the state’s landlord/tenant laws that the longtime advocate called “unprecedented.”
“It's never happened for the 40 years I’ve been involved in evictions,” said Wegbreit on the package of changes, passed during a recent special legislative session, that he said flipped the state’s eviction process on its head.
The result of Covid-19 budgetary amendments approved by Governor Ralph Northam, the changes have added steps which move the filing of the eviction lawsuit and the actual removal of tenants toward the end of the process instead of at the beginning.
“Using the eviction to collect rent rather than trying to collect rent and using eviction only as a last result, that's the old way,” Wegbreit said.
Virginia, like every other state, had struggled to properly address the onslaught of evictions.
While the state’s supreme court instituted an eviction moratorium shortly after Northam issued his earliest lockdown orders, it expired over the summer. The patchwork of state and federal fixes created in its wake allowed a system Wegbreit called “chaotic and unpredictable.”
But the RMRP and other changes, which all expire in June 2021, include $50 million in CARES Act funds and another $12 million from the state available to landlords to stem the flow of evictions.
“This had bipartisan support,” said Pamela Kestner, chief deputy of the Department of Housing and Community Development, who's tasked with organizing the distribution of the wealth of funds. She was grateful when legislators worked across the aisle to develop the expansive program.
“How else are Virginians supposed to telework or learn from home if they don’t have a home,” she added.
The program is also being praised nationally. Tracey Benson, president of the National Association of Independent Landlords, said she’s been inundated with calls from both members and nonmembers nationwide who are on dire straits.
“Landlords feel like they’ve been left out in the cold,” she said, noting eviction moratoriums might keep tenants in homes but don’t address the mortgage and utility payments landlords still have to make.
When landlords can’t pay those bills, she said, both the landowner and the tenant can lose their housing. But after reviewing Virginia’s program she said few states have offered the kind of “wonderful” relief the state has created.


courthousenews--2020-12-20--Several EU Nations Halt UK Flights, Fearing Virus Variant

BERLIN ( AP ) — Several European Union nations moved to banned flights from the U.K. on Sunday and others were considering similar action , in a bid to block a new strain of coronavirus sweeping across southern England from establishing a strong foothold on the continent .
France , Germany , the Netherlands , Belgium , Austria and Italy all announced restrictions on U.K. travel , hours after British Prime Minister Boris Johnson announced that Christmas shopping and gatherings in southern England must be canceled because of rapidly spreading infections blamed on the new coronavirus variant .
Johnson immediately @ @ @ @ @ @ @ Tier 4 restriction level , upending Christmas plans for millions .
France banned all travel from the U.K. for 48 hours from midnight Sunday , the prime minister ’ s office announced .
The French statement said the short two-day period would buy authorities time to find a “ common doctrine ” on how to deal with the threat .
It specified that “ flows of people or transport to the U.K. are not affected.
” The German government said it was banning flights coming from Britain in reaction to the new coronavirus @ @ @ @ @ @ @ U.K. flights with the exception of cargo flights were no longer allowed to land in Germany starting at midnight Sunday .
It didn ’ t immediately say how long the flight ban would last , but news agency dpa reported it would be in place at least until Dec. 31 .
Germany , which holds the rotating EU presidency , also called a special crisis meeting on Monday to coordinate the response to the virus news among the bloc ’ s 27 member states .
The Netherlands banned flights from the U.K. for @ @ @ @ @ @ @ while Belgium issued a flight ban for 24 hours starting at midnight and also halted train links to Britain , including the Eurostar .
Austria and Italy said they would halt flights from the U.K. but did not say exactly when that would take place .
Italy ’ s health minister , Roberto Speranza , said an order signed Sunday blocks flights from Britain and prohibits entry into Italy by anyone who has been in the U.K. in the last 14 days .
The order bans plane travel until Jan. 6 .
The @ @ @ @ @ @ @ people arriving from Britain .
High-speed train operator Eurostar canceled its trains between London , Brussels and Amsterdam beginning Monday , but kept trains operating on the London-to-Paris route .
Johnson said Saturday that a fast-moving new variant of the virus that is 70 % more transmissible than existing strains appeared to be driving the rapid spread of new infections in London and southern England in recent weeks .
But he stressed “ there ’ s no evidence to suggest it is more lethal or causes more severe illness , ” or that @ @ @ @ @ @ @ .
Belgian Prime Minister Alexander De Croo said Sunday he was issuing the flight ban for 24 hours starting at midnight “ out of precaution.
” “ There are a great many questions about this new mutation , ” he said , adding he hoped to have more clarity by Tuesday .
Beyond Europe , Israel also said it was banning flights from Britain , Denmark and South Africa because those were the countries where the mutation is found .
The World Health Organization tweeted late Saturday that it was “ in close @ @ @ @ @ @ @ # COVID19 virus variant ” and promised to update governments and the public as more is learned .
The new strain was identified in southeastern England in September and has been spreading in the area ever since , a WHO official told the BBC on Sunday .
“ What we understand is that it does have increased transmissibility , in terms of its ability to spread , ” said Maria Van Kerkhove , WHO ’ s technical lead on COVID-19 .
Studies are under way to better understand how fast it spreads and @ @ @ @ @ @ @ to the variant itself , or a combination of factors with behavior , ” she added .
She said the strain had also been identified in Denmark , the Netherlands and Australia , where there was one case that didn ’ t spread further .
“ The longer this virus spreads , the more opportunities it has to change , ” she said .
“ So we really need to do everything we can right now to prevent spread.
” Viruses mutate regularly , and scientists have found thousands of different mutations among @ @ @ @ @ @ @ Many of these changes have no effect on how easily the virus spreads or how severe symptoms are .
British health authorities said that while the variant has been circulating since September , it wasn ’ t until the last week that officials felt they had enough evidence to declare that it has higher transmissibility than other circulating coronaviruses .
Patrick Vallance , the British government ’ s chief scientific adviser , said officials are concerned about the new variant because it contained 23 different changes , “ an unusually large number of @ @ @ @ @ @ @ to and enters cells in the body .
Officials aren ’ t certain whether it originated in the U.K. , Vallance added .
But by December , he said it was causing over 60 % of infections in London .
U.S. President-elect Joe Biden ’ s nominee for U.S. surgeon general said Sunday that the emergence of the new strain doesn ’ t change the public health guidance on precautions for reducing the spread of the virus , such as wearing masks , social distancing and washing hands .
“ While it seems @ @ @ @ @ @ @ do not have evidence yet that this is a more deadly virus to an individual who acquires it , ” Vivek Murthy said on NBC ’ s “ Meet the Press.
” “ There ’ s no reason to believe that the vaccines that have been developed will not be effective against this virus , as well.
” Europe has been walloped this fall by soaring new infections and deaths due to a resurgence of the virus , and many nations have reimposed a series of restrictions to reign in their outbreaks .
@ @ @ @ @ @ @ the pandemic , the second-highest confirmed toll in Europe after Italy .
Europe as a whole has recorded nearly 499,000 virus deaths , according to a tally by Johns Hopkins University that experts believe is an undercount , due to limited testing and missed cases .
The European Medicines Agency , meanwhile , is meeting Monday to approve the first COVID-19 vaccine for the European Union ’ s 27 nations , bringing vaccinations closer for millions of EU citizens .
The vaccine made by German pharmaceutical company BioNTech and American drugmaker Pfizer is @ @ @ @ @ @ @ , Britain , Canada and other countries .
The EMA moved up its assessment of the Pfizer-BioNTech vaccine by a week after heavy pressure from EU governments , especially Germany , which has said that after the EMA approval it could start vaccinating citizens as early as next Sunday .
In an urgent address to the nation on Saturday , Johnson ordered all non-essential shops , hairdressers and gyms in London and large parts of southern England closed and told Britons to reorganize their holiday plans .
No mixing of households is now @ @ @ @ @ @ @ only essential travel is permitted .
In the rest of England , people will be allowed to meet in Christmas bubbles for just one day instead of the five that were planned .
After he spoke , videos emerged online that showed crowds of people rushing to London ’ s train stations , apparently making a dash for places in the U.K. with less stringent coronavirus restrictions before the new rules took effect .
Health Secretary Matt Hancock called those scenes “ totally irresponsible.
” While Hancock insisted officials had acted “ very @ @ @ @ @ @ @ Britain ’ s Conservative government should have moved against rising infections and hospitalizations much earlier .
“ The alarms bells have been ringing for weeks , but the prime minister chose to ignore them , ” said Keir Starmer , leader of the opposition Labour Party .
“ It is an act of gross negligence by a prime minister who , once again , has been caught behind the curve.
” By KIRSTEN GRIESHABER and SYLVIA HUI Associated Press

Several European Union nations moved to banned flights from the U.K. on Sunday and others were considering similar action, in a bid to block a new strain of coronavirus sweeping across southern England from establishing a strong foothold on the continent.
BERLIN (AP) — Several European Union nations moved to banned flights from the U.K. on Sunday and others were considering similar action, in a bid to block a new strain of coronavirus sweeping across southern England from establishing a strong foothold on the continent.
France, Germany, the Netherlands, Belgium, Austria and Italy all announced restrictions on U.K. travel, hours after British Prime Minister Boris Johnson announced that Christmas shopping and gatherings in southern England must be canceled because of rapidly spreading infections blamed on the new coronavirus variant.
Johnson immediately put those regions into a strict new Tier 4 restriction level, upending Christmas plans for millions.
France banned all travel from the U.K. for 48 hours from midnight Sunday, the prime minister's office announced. The French statement said the short two-day period would buy authorities time to find a "common doctrine" on how to deal with the threat. It specified that "flows of people or transport to the U.K. are not affected."
The German government said it was banning flights coming from Britain in reaction to the new coronavirus strain. The transportation ministry said all U.K. flights with the exception of cargo flights were no longer allowed to land in Germany starting at midnight Sunday. It didn't immediately say how long the flight ban would last, but news agency dpa reported it would be in place at least until Dec. 31.
Germany, which holds the rotating EU presidency, also called a special crisis meeting on Monday to coordinate the response to the virus news among the bloc's 27 member states.
The Netherlands banned flights from the U.K. for at least the rest of the year while Belgium issued a flight ban for 24 hours starting at midnight and also halted train links to Britain, including the Eurostar. Austria and Italy said they would halt flights from the U.K. but did not say exactly when that would take place.
Italy's health minister, Roberto Speranza, said an order signed Sunday blocks flights from Britain and prohibits entry into Italy by anyone who has been in the U.K. in the last 14 days. The order bans plane travel until Jan. 6.
The Czech Republic imposed stricter quarantine measures from people arriving from Britain.
High-speed train operator Eurostar canceled its trains between London, Brussels and Amsterdam beginning Monday, but kept trains operating on the London-to-Paris route.
Johnson said Saturday that a fast-moving new variant of the virus that is 70% more transmissible than existing strains appeared to be driving the rapid spread of new infections in London and southern England in recent weeks. But he stressed "there's no evidence to suggest it is more lethal or causes more severe illness," or that vaccines will be less effective against it.
Belgian Prime Minister Alexander De Croo said Sunday he was issuing the flight ban for 24 hours starting at midnight "out of precaution."
"There are a great many questions about this new mutation," he said, adding he hoped to have more clarity by Tuesday.
Beyond Europe, Israel also said it was banning flights from Britain, Denmark and South Africa because those were the countries where the mutation is found.
The World Health Organization tweeted late Saturday that it was "in close contact with U.K. officials on the new #COVID19 virus variant" and promised to update governments and the public as more is learned.
The new strain was identified in southeastern England in September and has been spreading in the area ever since, a WHO official told the BBC on Sunday.
"What we understand is that it does have increased transmissibility, in terms of its ability to spread," said Maria Van Kerkhove, WHO's technical lead on COVID-19.