courthousenews--2020-07-17--Biden Rolls Out Plan to Safely Reopen Schools

BOSTON ( CN ) — Former Vice President Joe Biden on Friday announced a plan to reopen schools that involves comprehensive federal guidelines for when classes can resume , $ 92 billion in new federal spending and a focus on fixing systemic racial and socioeconomic inequalities in education .
“ The challenge facing our schools is unprecedented .
President Trump has made it much worse , ” Biden said , adding , “ Trump blew it.
” Biden jumped into the controversy created by President Donald Trump ’ s statements that schools should reopen as usual in September despite a @ @ @ @ @ @ @ administration officials have suggested that online learning doesn ’ t offer the same benefits as physical classrooms .
The Centers for Disease Control and Prevention were planning to provide additional school reopening guidelines this week , but those have been delayed until the end of the month .
Trump denounced the CDC ’ s initial guidelines in a tweet as “ very tough & expensive.
” Trump has threatened to hold back federal funds for schools that don ’ t reopen .
According to Biden , the president “ has threatened to force @ @ @ @ @ @ @ the basic resources they need to keep students , educators and communities safe.
” Biden said he would ask the CDC and other federal agencies to establish objective criteria for when a school can reopen , including the community Covid-19 infection rate , the maximum safe class size , and who should return to the classroom first if not everyone can be accommodated .
“ The current lack of clarity is paralyzing for schools , ” the presumptive Democratic presidential nominee said .
Under Biden ’ s plan , schools would be advised @ @ @ @ @ @ @ emergency funding to reconfigure classrooms , improve ventilation , and offer masks and other personal protective equipment to every student and teacher every day .
Biden said he would use the Defense Production Act to make sure schools have enough masks .
However , Biden also suggested that local officials should have the final say , and “ schools in areas with high levels of Covid-19 … should not be compelled to reopen against the judgment of local experts ” even if the federal criteria for reopening are met .
New York Governor @ @ @ @ @ @ @ at a news conference recently that “ school reopenings are a state decision , period ” and “ it ’ s not up to the president.
” New York City recently announced plans to have students attend school two or three days a week to avoid crowding .
Biden called for massive new federal spending on schools , warning that many communities are facing budget shortfalls and even a 5 % decrease in state education funding could result in layoffs of almost 28,000 teachers , counselors , social workers and school psychologists .
@ @ @ @ @ @ @ save jobs in local school districts as well as “ a renewable fund for state , tribal , and local governments to help prevent budget shortfalls ” in the future .
On top of this , Biden wants to spend an additional $ 34 billion for personal protective equipment ; public health and sanitation products ; custodial and health services ; new technology and broadband ; and alterations to ventilation systems , classrooms , schedules , class sizes and transportation .
He also wants the Department of Education to develop new tools for @ @ @ @ @ @ @ on disabled students and non-native speakers of English , as well as methods to help parents assist their children with learning remotely .
In addition , Biden said he wants to focus on “ systemic racial and socioeconomic disparities in education that the pandemic has exacerbated , ” including inviting experts to discuss possible solutions and offering grants to develop them .
The former vice president emphasized his plan would rely on scientific experts and not use education for “ political brinksmanship.
” A recent Politico-Morning Consult poll found that Americans were inclined @ @ @ @ @ @ @ to 38 % .

Former Vice President Joe Biden on Friday announced a plan to reopen schools that involves comprehensive federal guidelines for when classes can resume, $92 billion in new federal spending and a focus on fixing systemic racial and socioeconomic inequalities in education.
BOSTON (CN) — Former Vice President Joe Biden on Friday announced a plan to reopen schools that involves comprehensive federal guidelines for when classes can resume, $92 billion in new federal spending and a focus on fixing systemic racial and socioeconomic inequalities in education.
“The challenge facing our schools is unprecedented. President Trump has made it much worse,” Biden said, adding, “Trump blew it.”
Biden jumped into the controversy created by President Donald Trump’s statements that schools should reopen as usual in September despite a recent surge in coronavirus cases. Some administration officials have suggested that online learning doesn’t offer the same benefits as physical classrooms.
The Centers for Disease Control and Prevention were planning to provide additional school reopening guidelines this week, but those have been delayed until the end of the month. Trump denounced the CDC’s initial guidelines in a tweet as “very tough & expensive.”
Trump has threatened to hold back federal funds for schools that don’t reopen. According to Biden, the president “has threatened to force schools to reopen for in-person instruction without the basic resources they need to keep students, educators and communities safe.”
Biden said he would ask the CDC and other federal agencies to establish objective criteria for when a school can reopen, including the community Covid-19 infection rate, the maximum safe class size, and who should return to the classroom first if not everyone can be accommodated.
“The current lack of clarity is paralyzing for schools,” the presumptive Democratic presidential nominee said.
Under Biden’s plan, schools would be advised not to reopen unless they have sufficient emergency funding to reconfigure classrooms, improve ventilation, and offer masks and other personal protective equipment to every student and teacher every day. Biden said he would use the Defense Production Act to make sure schools have enough masks.
However, Biden also suggested that local officials should have the final say, and “schools in areas with high levels of Covid-19 … should not be compelled to reopen against the judgment of local experts” even if the federal criteria for reopening are met.
New York Governor Andrew Cuomo, a Democrat, said at a news conference recently that “school reopenings are a state decision, period” and “it’s not up to the president.”
New York City recently announced plans to have students attend school two or three days a week to avoid crowding.
Biden called for massive new federal spending on schools, warning that many communities are facing budget shortfalls and even a 5% decrease in state education funding could result in layoffs of almost 28,000 teachers, counselors, social workers and school psychologists.
He proposed spending $58 billion to save jobs in local school districts as well as “a renewable fund for state, tribal, and local governments to help prevent budget shortfalls” in the future.
On top of this, Biden wants to spend an additional $34 billion for personal protective equipment; public health and sanitation products; custodial and health services; new technology and broadband; and alterations to ventilation systems, classrooms, schedules, class sizes and transportation.
He also wants the Department of Education to develop new tools for remote learning, with a special emphasis on disabled students and non-native speakers of English, as well as methods to help parents assist their children with learning remotely.
In addition, Biden said he wants to focus on “systemic racial and socioeconomic disparities in education that the pandemic has exacerbated,” including inviting experts to discuss possible solutions and offering grants to develop them.
The former vice president emphasized his plan would rely on scientific experts and not use education for “political brinksmanship.”
A recent Politico-Morning Consult poll found that Americans were inclined to delay school reopenings by 53% to 38%.


Houston Rockets

PROVIDENCE , R.I. — The Houston Rockets filed a lawsuit against insurer Affiliated FM Insurance Company , claiming that it @ @ @ @ @ for loss of income due to the shutdown of the NBA season due to the @ @ @

The technical storage or access that is used exclusively for statistical purposes.
The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.


courthousenews--2020-07-17--Judge Ends White House War on California Cap-and-Trade Deal With Quebec

( CN ) — A federal court judge nixed the Trump administration ’ s remaining claims against California ’ s cap-and-trade policy ’ s link to a program in Quebec , Canada , in a Friday ruling .
U.S. District Court Judge William Shubb granted summary judgment to California , finding the Trump administration failed to provide sufficient evidence that California ’ s carbon credit trading system — a tool the state says it needs to combat climate change — undermines the federal government ’ s ability to conduct foreign policy .
“ The United States has failed to identify @ @ @ @ @ @ @ directly conflicts with California ’ s cap-and-trade program , ” Shubb wrote in 30-page ruling .
The ruling marks another legal victory for California over the Trump administration as the two have squared off dozens of times in the courts .
The losses continue to mount for the Trump administration and the legal victories are scant .
Regarding cap-and-trade , the Trump administration argued California ’ s agreement with Quebec to link their cap-and-trade systems undermined several elements of federal policy , including President Donald Trump ’ s decision to withdraw the United @ @ @ @ @ @ @ Specifically , the federal government argued California could end up assisting Canada to meet its climate mitigation goals as set forth by the agreement in contravention of the Trump administration ’ s policy toward climate change .
“ California ’ s cap-and-trade program can not facilitate Canada ’ s participation in the Paris Accord in the way the United States alleges , ” Shubb wrote .
The Trump administration further argued California ’ s deal with Quebec compromised Trump ’ s ability to “ engage in international deal-making on behalf of the United @ @ @ @ @ @ @ does not impinge on Trump ’ s ability to negotiate on behalf of the United States and that California is making a deal with another province , not the entire nation of Canada .
“ California ’ s cap-and-trade agreement as applied concerns agreements between sub-national actors , rather than a statewide prohibition on trade with an entire nation , ” the judge wrote .
The Trump administration also argued California ’ s agreement with the Canadian province violated two laws dating back several decades , but Shubb said one law was a @ @ @ @ @ @ @ items and the other did not directly conflict with California ’ s program .
“ The 1992 Convention does not pre-empt the challenged agreements and regulations because they are entirely consistent with its objectives , ” Shubb wrote .
In other words , California ’ s carbon credit system doesn ’ t conflict with the federal law in question , because that law espouses and promotes the very objections that California is attempting to achieve — cost-effective stabilization of greenhouse gases .
The Department of Justice did not respond to emails seeking comment @ @ @ @ @ @ @ , Quebec and Ontario agreed to share their cap-and-trade systems in 2013 .
Cap-and-trade policies allow certain companies to buy carbon allowances , meaning they pay to emit a certain amount of carbon each year .
If they exceed their threshold , the only way for them to continue operations is to buy carbon credits from another company that is confident it will remain under the threshold .
Proponents of the system say that it allows regulators to predict a certain amount of pollution and to adjust regulatory schemes and cleanup efforts accordingly @ @ @ @ @ @ @ from buying carbon credits can be used toward other climate change mitigation strategies .
For instance , California ’ s high-speed rail project , which proponents say will cut down on car and airplane traffic in the state once completed , is funded in part by proceeds from the cap-and-trade program .
Critics of cap-and-trade policies say allowing even a minimal amount of pollution is unacceptable and the proceeds and projects that result from carbon purchasing are insufficient to offset more greenhouse gas emissions .
Republican Governor Arnold Schwarzenegger signed California ’ s @ @ @ @ @ @ @ Democratic successor Governor Jerry Brown renewed it in 2017 .
California has generated over $ 12.5 billion from the sale of carbon permits at quarterly auctions .
The program is set to expire in 2030 .
In the eyes of California ’ s current officials , the deal with Quebec is not a cunning attempt to usurp the president ’ s treaty-making abilities but simply a way for the states to further their similar climate objectives .
Current Governor Gavin Newsom has previously called the lawsuit “ political retribution ” and proof of @ @ @ @ @ @ @ California .
”

A federal court judge nixed the Trump administration’s remaining claims against California’s cap-and-trade policy’s link to a program in Quebec, Canada, in a Friday ruling.
(CN) — A federal court judge nixed the Trump administration’s remaining claims against California’s cap-and-trade policy’s link to a program in Quebec, Canada, in a Friday ruling.
U.S. District Court Judge William Shubb granted summary judgment to California, finding the Trump administration failed to provide sufficient evidence that California’s carbon credit trading system — a tool the state says it needs to combat climate change — undermines the federal government’s ability to conduct foreign policy.
“The United States has failed to identify a clear and express foreign policy that directly conflicts with California’s cap-and-trade program,” Shubb wrote in 30-page ruling.
The ruling marks another legal victory for California over the Trump administration as the two have squared off dozens of times in the courts. The losses continue to mount for the Trump administration and the legal victories are scant.
Regarding cap-and-trade, the Trump administration argued California’s agreement with Quebec to link their cap-and-trade systems undermined several elements of federal policy, including President Donald Trump’s decision to withdraw the United States from the Paris Climate Accord.
Specifically, the federal government argued California could end up assisting Canada to meet its climate mitigation goals as set forth by the agreement in contravention of the Trump administration’s policy toward climate change.
“California’s cap-and-trade program cannot facilitate Canada’s participation in the Paris Accord in the way the United States alleges,” Shubb wrote.
The Trump administration further argued California’s deal with Quebec compromised Trump’s ability to “engage in international deal-making on behalf of the United States.”
But Shubb said the agreement does not impinge on Trump’s ability to negotiate on behalf of the United States and that California is making a deal with another province, not the entire nation of Canada.
“California’s cap-and-trade agreement as applied concerns agreements between sub-national actors, rather than a statewide prohibition on trade with an entire nation,” the judge wrote.
The Trump administration also argued California’s agreement with the Canadian province violated two laws dating back several decades, but Shubb said one law was a mere collection of platitudes devoid of action items and the other did not directly conflict with California’s program.
“The 1992 Convention does not pre-empt the challenged agreements and regulations because they are entirely consistent with its objectives,” Shubb wrote.
In other words, California’s carbon credit system doesn’t conflict with the federal law in question, because that law espouses and promotes the very objections that California is attempting to achieve — cost-effective stabilization of greenhouse gases.
The Department of Justice did not respond to emails seeking comment on Friday’s ruling.
California, Quebec and Ontario agreed to share their cap-and-trade systems in 2013. Cap-and-trade policies allow certain companies to buy carbon allowances, meaning they pay to emit a certain amount of carbon each year.
If they exceed their threshold, the only way for them to continue operations is to buy carbon credits from another company that is confident it will remain under the threshold. Proponents of the system say that it allows regulators to predict a certain amount of pollution and to adjust regulatory schemes and cleanup efforts accordingly.
Proponents also say the money generated from buying carbon credits can be used toward other climate change mitigation strategies. For instance, California’s high-speed rail project, which proponents say will cut down on car and airplane traffic in the state once completed, is funded in part by proceeds from the cap-and-trade program.
Critics of cap-and-trade policies say allowing even a minimal amount of pollution is unacceptable and the proceeds and projects that result from carbon purchasing are insufficient to offset more greenhouse gas emissions.
Republican Governor Arnold Schwarzenegger signed California’s original cap-and-trade bill in 2006 and his Democratic successor Governor Jerry Brown renewed it in 2017. California has generated over $12.5 billion from the sale of carbon permits at quarterly auctions.
The program is set to expire in 2030.
In the eyes of California’s current officials, the deal with Quebec is not a cunning attempt to usurp the president’s treaty-making abilities but simply a way for the states to further their similar climate objectives. Current Governor Gavin Newsom has previously called the lawsuit “political retribution” and proof of Trump’s “political vendetta against California.”


courthousenews--2020-07-18--Civil Rights Icon John Lewis Dies at 80

Civil Rights Icon John Lewis Dies at 80

ATLANTA ( AP ) — John Lewis , a lion of the civil rights movement whose bloody beating by Alabama state troopers in 1965 helped galvanize opposition to racial segregation , and who went on to a long and celebrated career in Congress , died .
He was 80 .
House Speaker Nancy Pelosi confirmed Lewis ’ passing late Friday night , calling him “ one of the greatest heroes of American history.
” “ All of us were humbled to call Congressman Lewis a colleague , and are heartbroken by his passing , ” Pelosi said .
“ May @ @ @ @ @ @ @ us all to , in the face of injustice , make ‘ good trouble , necessary trouble . '
” Lewis ’ s announcement in late December 2019 that he had been diagnosed with advanced pancreatic cancer — “ I have never faced a fight quite like the one I have now , ” he said — inspired tributes from both sides of the aisle , and an unstated accord that the likely passing of this Atlanta Democrat would represent the end of an era .
Lewis was the youngest and last survivor @ @ @ @ @ @ @ , a group led by the Rev .
Martin Luther King Jr. that had the greatest impact on the movement .
He was best known for leading some 600 protesters in the Bloody Sunday march across the Edmund Pettus Bridge in Selma .
At age 25 — walking at the head of the march with his hands tucked in the pockets of his tan overcoat — Lewis was knocked to the ground and beaten by police .
His skull was fractured , and nationally televised images of the brutality forced the country ’ @ @ @ @ @ @ @ South .
Within days , King led more marches in the state , and President Lyndon Johnson soon was pressing Congress to pass the Voting Rights Act .
The bill became law later that year , removing barriers that had barred Blacks from voting .
“ John is an American hero who helped lead a movement and risked his life for our most fundamental rights ; he bears scars that attest to his indefatigable spirit and persistence , ” House Majority Leader Steny Hoyer said after Lewis announced his cancer diagnosis .
Lewis @ @ @ @ @ @ @ leaders in organizing the 1963 March on Washington .
He spoke to the vast crowd just before King delivered his epochal “ I Have a Dream ” speech .
A 23-year-old firebrand , Lewis toned down his intended remarks at the insistence of others , dropping a reference to a “ scorched earth ” march through the South and scaling back criticisms of President John Kennedy .
It was a potent speech nonetheless , in which he vowed : “ By the forces of our demands , our determination and our numbers , @ @ @ @ @ @ @ a thousand pieces and put them together in an image of God and democracy.
” It was almost immediately , and forever , overshadowed by the words of King , the man who had inspired him to activism .
Lewis was born on Feb. 21 , 1940 , outside the town of Troy , in Pike County , Alabama .
He grew up on his family ’ s farm and attended segregated public schools .
As a boy , he wanted to be a minister , and practiced his oratory on the family @ @ @ @ @ @ @ of the color of his skin , he became an avid reader , and could cite obscure historical dates and details even in his later years .
He was a teenager when he first heard King preaching on the radio .
They met when Lewis was seeking support to become the first Black student at Alabama ’ s segregated Troy State University .
He ultimately attended the American Baptist Theological Seminary and Fisk University in Nashville , Tennessee .
He began organizing sit-in demonstrations at whites-only lunch counters and volunteering as a Freedom @ @ @ @ @ @ @ traveling around the South to challenge segregation .
Lewis helped found the Student Nonviolent Coordinating Committee and was named its chairman in 1963 , making him one of the Big Six at a tender age .
The others , in addition to King , were Whitney Young of the National Urban League ; A. Philip Randolph of the Negro American Labor Council ; James L. Farmer Jr. , of the Congress of Racial Equality ; and Roy Wilkins of the NAACP .
All six met at the Roosevelt Hotel in New York to @ @ @ @ @ @ @ .
The huge demonstration galvanized the movement , but success didn ’ t come quickly .
After extensive training in nonviolent protest , Lewis and the Rev .
Hosea Williams led demonstrators on a planned march of more than 50 miles from Selma to Montgomery , Alabama ’ s capital , on March 7 , 1965 .
A phalanx of police blocked their exit from the Selma bridge .
Authorities shoved , then swung their truncheons , fired tear gas and charged on horseback , sending many to the hospital and horrifying much @ @ @ @ @ @ @ thousands , completing the march to Montgomery before the end of the month .
Lewis turned to politics in 1981 , when he was elected to the Atlanta City Council .
He won his seat in Congress in 1986 and spent much of his career in the minority .
After Democrats won control of the House in 2006 , Lewis became his party ’ s senior deputy whip , a behind-the-scenes leadership post in which he helped keep the party unified .
In an early setback for Barack Obama ’ s 2008 Democratic @ @ @ @ @ @ @ Clinton for the nomination .
Lewis switched when it became clear Obama had overwhelming Black support .
Obama later honored Lewis with the Presidential Medal of Freedom , and they marched hand in hand in Selma on the 50th anniversary of the Bloody Sunday attack .
Lewis also worked for 15 years to gain approval for the Smithsonian ’ s National Museum of African American History and Culture .
Humble and unfailingly friendly , Lewis was revered on Capitol Hill — but as one of the most liberal members of Congress , he @ @ @ @ @ @ @ effort to stop the Iraq War to his defense of young immigrants .
He met bipartisan success in Congress in 2006 when he led efforts to renew the Voting Rights Act , but the Supreme Court later invalidated much of the law , and it became once again what it was in his youth , a work in progress .
Later , when the presidency of Donald Trump challenged his civil rights legacy , Lewis made no effort to hide his pain .
Lewis refused to attend Trump ’ s inauguration , saying @ @ @ @ @ @ @ “ legitimate president ” because Russians had conspired to get him elected .
When Trump later complained about immigrants from “ s—hole countries , ” Lewis declared , “ I think he is a racist … we have to try to stand up and speak up and not try to sweep it under the rug.
” Lewis said he ’ d been arrested 40 times in the 1960s , five more as a congressman .
At 78 , he told a rally he ’ d do it again to help reunite immigrant families @ @ @ @ @ @ @ There can not be any peace in America until these young children are returned to their parents and set all of our people free , ” Lewis said in June , recalling the “ good trouble ” he got into protesting segregation as a young man .
“ If we fail to do it , history will not be kind to us , ” he shouted .
“ I will go to the border .
I ’ ll get arrested again .
If necessary , I ’ m prepared to go to jail.
@ @ @ @ @ @ @ the House impeachment vote of Trump , Lewis explained the importance of that vote .
“ When you see something that is not right , not just , not fair , you have a moral obligation to say something , to do something .
Our children and their children will ask us ‘ what did you do ?
what did you say ?
” While the vote would be hard for some , he said : “ We have a mission and a mandate to be on the right side of history.
” @ @ @ @ @ @ @ Lillian Miles , died in 2012 .
They had one son , John Miles Lewis .

John Lewis, an icon of the civil rights movement and revered congressman who served for three decades in the U.S. House of Representatives, passed away Friday evening at the age of 80 after battling pancreatic cancer.
ATLANTA (AP) — John Lewis, a lion of the civil rights movement whose bloody beating by Alabama state troopers in 1965 helped galvanize opposition to racial segregation, and who went on to a long and celebrated career in Congress, died. He was 80.
House Speaker Nancy Pelosi confirmed Lewis' passing late Friday night, calling him "one of the greatest heroes of American history."
"All of us were humbled to call Congressman Lewis a colleague, and are heartbroken by his passing," Pelosi said. "May his memory be an inspiration that moves us all to, in the face of injustice, make 'good trouble, necessary trouble.'"
Lewis's announcement in late December 2019 that he had been diagnosed with advanced pancreatic cancer — "I have never faced a fight quite like the one I have now," he said — inspired tributes from both sides of the aisle, and an unstated accord that the likely passing of this Atlanta Democrat would represent the end of an era.
Lewis was the youngest and last survivor of the Big Six civil rights activists, a group led by the Rev. Martin Luther King Jr. that had the greatest impact on the movement. He was best known for leading some 600 protesters in the Bloody Sunday march across the Edmund Pettus Bridge in Selma.
At age 25 — walking at the head of the march with his hands tucked in the pockets of his tan overcoat — Lewis was knocked to the ground and beaten by police. His skull was fractured, and nationally televised images of the brutality forced the country's attention on racial oppression in the South.
Within days, King led more marches in the state, and President Lyndon Johnson soon was pressing Congress to pass the Voting Rights Act. The bill became law later that year, removing barriers that had barred Blacks from voting.
"John is an American hero who helped lead a movement and risked his life for our most fundamental rights; he bears scars that attest to his indefatigable spirit and persistence," House Majority Leader Steny Hoyer said after Lewis announced his cancer diagnosis.
Lewis joined King and four other civil rights leaders in organizing the 1963 March on Washington. He spoke to the vast crowd just before King delivered his epochal "I Have a Dream" speech.
A 23-year-old firebrand, Lewis toned down his intended remarks at the insistence of others, dropping a reference to a "scorched earth" march through the South and scaling back criticisms of President John Kennedy. It was a potent speech nonetheless, in which he vowed: "By the forces of our demands, our determination and our numbers, we shall splinter the segregated South into a thousand pieces and put them together in an image of God and democracy."
It was almost immediately, and forever, overshadowed by the words of King, the man who had inspired him to activism.
Lewis was born on Feb. 21, 1940, outside the town of Troy, in Pike County, Alabama. He grew up on his family's farm and attended segregated public schools.
As a boy, he wanted to be a minister, and practiced his oratory on the family chickens. Denied a library card because of the color of his skin, he became an avid reader, and could cite obscure historical dates and details even in his later years. He was a teenager when he first heard King preaching on the radio. They met when Lewis was seeking support to become the first Black student at Alabama's segregated Troy State University.
He ultimately attended the American Baptist Theological Seminary and Fisk University in Nashville, Tennessee. He began organizing sit-in demonstrations at whites-only lunch counters and volunteering as a Freedom Rider, enduring beatings and arrests while traveling around the South to challenge segregation.


courthousenews--2020-07-18--Judge Considers Blocking Feds’ Detention of At-Risk Immigrants During Pandemic

SAN DIEGO ( CN ) — A federal judge Friday considered whether to order the removal of at-risk immigrant detainees at a Southern California immigration detention facility which , despite being in the heart of the state ’ s Covid-19 hotspot , has so far only had two positive cases among detainees .
U.S. District Judge Dana Sabraw , a George W. Bush nominee , issuing a second preliminary injunction brought by the American Civil Liberties Union on behalf of immigrant detainees housed in detention facilities along the U.S.-Mexico border near San Diego .
The Otay Mesa Detention Center in @ @ @ @ @ @ @ the largest Covid-19 outbreak among U.S. immigration detention facilities , prompting the ACLU to file a class action on behalf of immigrants housed there .
While Sabraw initially granted a temporary restraining order requiring the CoreCivic-run Otay Mesa Detention Center to release medically vulnerable immigrants , he denied releasing additional detainees in May after the ACLU claimed the private prison was failing to practice appropriate social distancing measures necessary to keep detainees safe .
But while the Otay Mesa Detention Center had the largest Covid-19 outbreak among immigration facilities , the Imperial Regional @ @ @ @ @ @ @ far only had two positive cases among immigrant detainees .
Sabraw made that distinction during a virtual court hearing Friday whether to mirror the same measures in Imperial he took to stop the spread of the novel coronavirus in San Diego ’ s detention center .
“ If you look at Imperial County , which is the hot spot in the state of California and juxtapose the IRDF facility , which only has two positives , wouldn ’ t it stand to reason the IRDF is doing a good job , that it @ @ @ @ @ @ @ ACLU attorney Monika Langarica .
“ The fact that there are two positives does not discount the need for court intervention , ” Langarica argued .
“ The trajectory of the pandemic is not linear , and it is definitely not linear without preventative measures .
What happens today is not dispositive of what will happen tomorrow .
IRDF is not using all reasonable measures available to them , ” Langarica added .
The ACLU argued because IRDF is not testing all immigrant detainees for Covid-19 and it has closed two housing pods @ @ @ @ @ @ @ the detainees ’ constitutional rights by failing to use all measures possible to create a detention environment which complies with social distancing guidelines .
Langarica noted such failures have led to explosive Covid-19 outbreaks in other congregate settings such as San Quentin State Prison in Northern California and the Otay Mesa Detention Center where an immigrant died during the ACLU ’ s litigation brought to release at-risk detainees .
Higgs Fletcher attorney John Rice , representing the IRDC , said to date 100 of 287 immigrants currently detained have been tested for Covid-19 @ @ @ @ @ @ @ testing positive and six tests pending .
But fourteen IRDF staff members have tested positive for Covid-19 , with nine having recovered , Rice said .
The five detainees identified as medically vulnerable who haven ’ t been released were evaluated to ensure “ they won ’ t be in danger ” due to their housing assignment , he said .
If detainees are considered at-risk , they will be placed in isolation in the medical pod , Rice added .
“ Everything that can be done is being done .
What the @ @ @ @ @ @ @ is 6-feet , but even within those guidelines it recommends , it is not always possible in some settings , ” Rice said .
“ The proof is in the pudding in that we ’ ve only had two positives , but like everywhere else in the world , that ’ s subject to change , ” he added .
For new detainees transferred from other facilities or brought in for the first time , Rice said if they have symptoms or were exposed to coronavirus , they are tested and quarantined for @ @ @ @ @ @ @ Those who are detained with travel companions are treated as “ family units ” and detained together , he added .
But Langarica pointed out transferring detainees flies in the face of CDC guidelines which “ strongly suggest ” inmates are not transferred between facilities unless “ absolutely necessary , ” namely , for medical reasons .
“ If defendants are going to force them to remain confined , they need to make testing available .
Only through testing will they have an accurate accounting of the impact of transfers , ” Lagarica @ @ @ @ @ @ @ submission and said he would issue an order “ as quickly as possible .
”

A federal judge Friday considered whether to order the removal of at-risk immigrant detainees at a Southern California immigration detention facility which, despite being in the heart of the state’s Covid-19 hotspot, has so far only had two positive cases among detainees.
SAN DIEGO (CN) — A federal judge Friday considered whether to order the removal of at-risk immigrant detainees at a Southern California immigration detention facility which, despite being in the heart of the state’s Covid-19 hotspot, has so far only had two positive cases among detainees.
U.S. District Judge Dana Sabraw, a George W. Bush nominee, considered issuing a second preliminary injunction brought by the American Civil Liberties Union on behalf of immigrant detainees housed in detention facilities along the U.S.-Mexico border near San Diego.
The Otay Mesa Detention Center in San Diego was once the site of the largest Covid-19 outbreak among U.S. immigration detention facilities, prompting the ACLU to file a class action on behalf of immigrants housed there.
While Sabraw initially granted a temporary restraining order requiring the CoreCivic-run Otay Mesa Detention Center to release medically vulnerable immigrants, he denied releasing additional detainees in May after the ACLU claimed the private prison was failing to practice appropriate social distancing measures necessary to keep detainees safe.
But while the Otay Mesa Detention Center had the largest Covid-19 outbreak among immigration facilities, the Imperial Regional Detention Facility 135 miles east has so far only had two positive cases among immigrant detainees.
Sabraw made that distinction during a virtual court hearing Friday whether to mirror the same measures in Imperial he took to stop the spread of the novel coronavirus in San Diego’s detention center.
“If you look at Imperial County, which is the hot spot in the state of California and juxtapose the IRDF facility, which only has two positives, wouldn’t it stand to reason the IRDF is doing a good job, that it has a firewall,” Sabraw asked ACLU attorney Monika Langarica.
“The fact that there are two positives does not discount the need for court intervention,” Langarica argued.
“The trajectory of the pandemic is not linear, and it is definitely not linear without preventative measures. What happens today is not dispositive of what will happen tomorrow. IRDF is not using all reasonable measures available to them,” Langarica added.
The ACLU argued because IRDF is not testing all immigrant detainees for Covid-19 and it has closed two housing pods for construction maintenance, it is infringing the detainees’ constitutional rights by failing to use all measures possible to create a detention environment which complies with social distancing guidelines.
Langarica noted such failures have led to explosive Covid-19 outbreaks in other congregate settings such as San Quentin State Prison in Northern California and the Otay Mesa Detention Center where an immigrant died during the ACLU’s litigation brought to release at-risk detainees.
Higgs Fletcher attorney John Rice, representing the IRDC, said to date 100 of 287 immigrants currently detained have been tested for Covid-19, with 92 testing negative, 2 testing positive and six tests pending.
But fourteen IRDF staff members have tested positive for Covid-19, with nine having recovered, Rice said.
The five detainees identified as medically vulnerable who haven’t been released were evaluated to ensure “they won’t be in danger” due to their housing assignment, he said.
If detainees are considered at-risk, they will be placed in isolation in the medical pod, Rice added.
“Everything that can be done is being done. What the CDC guidelines say is the recommended distance is 6-feet, but even within those guidelines it recommends, it is not always possible in some settings,” Rice said.
“The proof is in the pudding in that we’ve only had two positives, but like everywhere else in the world, that’s subject to change,” he added.
For new detainees transferred from other facilities or brought in for the first time, Rice said if they have symptoms or were exposed to coronavirus, they are tested and quarantined for 14 days in a single-cell unit.
Those who are detained with travel companions are treated as “family units” and detained together, he added.
But Langarica pointed out transferring detainees flies in the face of CDC guidelines which “strongly suggest” inmates are not transferred between facilities unless “absolutely necessary,” namely, for medical reasons.
“If defendants are going to force them to remain confined, they need to make testing available. Only through testing will they have an accurate accounting of the impact of transfers,” Lagarica said.
Sabraw took the matter under submission and said he would issue an order “as quickly as possible.”


courthousenews--2020-07-18--Virginia Man Accused of Threatening Tulsa Mayor Over Trump Rally

TULSA , Okla. ( CN ) — Federal prosecutors accused a Virginia man Friday of harassing and threatening Tulsa ’ s Republican mayor to halt President Donald Trump ’ s campaign rally in the city last month in the midst of the Covid-19 pandemic .
Adam Maxwell Donn , 40 , of Norfolk , is charged with cyberstalking , according to the criminal complaint filed July 15 and unsealed Friday .
Donn made his initial appearance in federal court in Virginia Friday and was released shortly thereafter .
He is scheduled to appear in federal court in Tulsa on July @ @ @ @ @ @ @ G.T .
Bynum and his wife Susan at least 44 email messages and 14 phone calls between June 11 and 22 .
Trump ’ s rally at the BOK Center Arena in downtown Tulsa was on June 20 .
“ Hoping you , Susan , [ your son ] , [ your daughter ] get covid , ” Dunn allegedly wrote on June 19 .
“ You are a spineless backboneless piece of shit .
Fuck you Fuck Fuck [ your son ] and Fuck [ your daughter ] .
Your family deserves @ @ @ @ @ @ @ your lineage comes to an end .
You pick a rally over the health of your city .
You will go down in history as someone who let coronavirus take hold of tulsa instead of trying to contain it.
” Donn allegedly claimed to be a physician and former Republican in the messages , saying “ I shouldn ’ t have to treat people stupid enough to go to a rally in the middle of a pandemic.
” Donn is not listed as a licensed physician in Virginia , according to the Virginia @ @ @ @ @ @ @ Several of the alleged messages attacked Bynum ’ s Catholic faith and accused him of “ bending over ” for Trump .
The messages allegedly threatened to publish Bynum ’ s home address and his children ’ s telephone numbers and social media accounts .
On the day of the rally , Donn allegedly pleaded with Bynum ’ s wife to ask him to cancel the rally .
“ Allowing 20,000 people to gather when Tulsa is seeing a surge in cases is irresponsible and borderline negligent , ” Donn allegedly wrote .
@ @ @ @ @ @ @ doctor to not be exposed to Coronavirus .
At this point I don ’ t believe the mayor is listening to reason , maybe he will listen to you .
You have the chance to SAVE 20,000 lives.
” A day earlier , Donn allegedly left voicemail messages at the law firm where she works .
“ Crazy bitch , your fucking husband is killing people , I hope your fucking family gets coronavirus , ” the messages allegedly state .
“ Fucking coward bitch , fuck you.
” Prosecutors claim she received @ @ @ @ @ @ @ street address “ before his guys made a delivery.
” “ Not only did the Bynum family receive the messages from above , Susan was notified by coworkers claiming there were inappropriate emails being sent by Susan , ” a 17-page affidavit by FBI Special Agent Christopher McCarthy states .
“ The subject masqueraded as Susan Bynum and sent emails to her colleagues via the law firm website.
” U.S. Attorney Trent Shores said Donn “ will now face the real world consequences ” for his alleged crimes .
“ Cyberstalkers try to @ @ @ @ @ @ @ intimidate others , but their online actions have real world effects , ” Shores said in a statement .
Tulsa officials estimate only 6,000 people attended Trump ’ s rally in the 19,000-seat capacity arena , falling short of the campaign ’ s expectation of up to 200,000 people downtown for the event .
It was one of the first mass gatherings in the United States since stay-at-home lockdown orders were issued in March .
Both Bynum and the Oklahoma Supreme Court refused to halt the gathering in spite of no social distancing @ @ @ @ @ @ @ ruled on June 19 that social distancing was not required at the rally because it was lifted on June 1 under the state ’ s Phase 3 reopening measures .
Tulsa health officials have since said it is “ more than likely ” that such large gatherings have contributed to the area ’ s spike in confirmed cases .

Federal prosecutors accused a Virginia man Friday of harassing and threatening Tulsa’s Republican mayor to halt President Donald Trump’s campaign rally in the city last month in the midst of the Covid-19 pandemic.
TULSA, Okla. (CN) — Federal prosecutors accused a Virginia man Friday of harassing and threatening Tulsa’s Republican mayor to halt President Donald Trump’s campaign rally in the city last month in the midst of the Covid-19 pandemic.
Adam Maxwell Donn, 40, of Norfolk, is charged with cyberstalking, according to the criminal complaint filed July 15 and unsealed Friday. Donn made his initial appearance in federal court in Virginia Friday and was released shortly thereafter. He is scheduled to appear in federal court in Tulsa on July 22.
Prosecutors allege Donn sent Mayor G.T. Bynum and his wife Susan at least 44 email messages and 14 phone calls between June 11 and 22. Trump’s rally at the BOK Center Arena in downtown Tulsa was on June 20.
“Hoping you, Susan, [your son], [your daughter] get covid,” Dunn allegedly wrote on June 19. “You are a spineless backboneless piece of shit. Fuck you Fuck Fuck [your son] and Fuck [your daughter]. Your family deserves coronavirus and [I] truly hope your lineage comes to an end. You pick a rally over the health of your city. You will go down in history as someone who let coronavirus take hold of tulsa instead of trying to contain it.”
Donn allegedly claimed to be a physician and former Republican in the messages, saying “I shouldn’t have to treat people stupid enough to go to a rally in the middle of a pandemic.” Donn is not listed as a licensed physician in Virginia, according to the Virginia Board of Medicine’s website.
Several of the alleged messages attacked Bynum’s Catholic faith and accused him of “bending over” for Trump. The messages allegedly threatened to publish Bynum’s home address and his children’s telephone numbers and social media accounts.
On the day of the rally, Donn allegedly pleaded with Bynum's wife to ask him to cancel the rally.
“Allowing 20,000 people to gather when Tulsa is seeing a surge in cases is irresponsible and borderline negligent,” Donn allegedly wrote. “Where are my rights as a doctor to not be exposed to Coronavirus. At this point I don’t believe the mayor is listening to reason, maybe he will listen to you. You have the chance to SAVE 20,000 lives.”
A day earlier, Donn allegedly left voicemail messages at the law firm where she works.
“Crazy bitch, your fucking husband is killing people, I hope your fucking family gets coronavirus,” the messages allegedly state. “Fucking coward bitch, fuck you.”
Prosecutors claim she received a voicemail message asking to confirm her street address “before his guys made a delivery.”
“Not only did the Bynum family receive the messages from above, Susan was notified by coworkers claiming there were inappropriate emails being sent by Susan,” a 17-page affidavit by FBI Special Agent Christopher McCarthy states. “The subject masqueraded as Susan Bynum and sent emails to her colleagues via the law firm website.”
U.S. Attorney Trent Shores said Donn “will now face the real world consequences” for his alleged crimes.
“Cyberstalkers try to hide behind keyboards while they threaten and intimidate others, but their online actions have real world effects,” Shores said in a statement.
Tulsa officials estimate only 6,000 people attended Trump’s rally in the 19,000-seat capacity arena, falling short of the campaign's expectation of up to 200,000 people downtown for the event. It was one of the first mass gatherings in the United States since stay-at-home lockdown orders were issued in March.
Both Bynum and the Oklahoma Supreme Court refused to halt the gathering in spite of no social distancing measures being enforced. The high court ruled on June 19 that social distancing was not required at the rally because it was lifted on June 1 under the state’s Phase 3 reopening measures.
Tulsa health officials have since said it is “more than likely” that such large gatherings have contributed to the area’s spike in confirmed cases.


courthousenews--2020-07-19--Given a Chance, Trump Would Push Court Pick Before Election

WASHINGTON ( AP ) — President Donald Trump and Senate Majority Leader Mitch McConnell have tried to make it clear : Given the chance , they would push through a Supreme Court nominee should a vacancy occur before Election Day .
The issue has taken on new immediacy with the disclosure Friday that Justice Ruth Bader Ginsburg is receiving chemotherapy for a recurrence of cancer after four earlier bouts with the disease .
The 87-year-old liberal , who apologized in 2016 for her pointed public criticism of Trump during his first campaign , says she has no plans to retire @ @ @ @ @ @ @ on what ’ s at stake this election , with the winner in position to help shape the trajectory of the court for years to come .
Trump administration officials have underscored that Trump would not hesitate to fill an opening before voters have their say Nov. 3 , less than four months away , on whether to give him a second term .
Four years ago , also in a presidential election year , the GOP-controlled Senate refused to hold a hearing or vote when President Barack Obama , a Democrat , @ @ @ @ @ @ @ Justice Antonin Scalia after his death in February .
Nine months before that year ’ s election , McConnell said voters should determine who would nominate the person to fill that seat .
Fast forward to this past week .
Trump ’ s chief of staff , Mark Meadows , told reporters : “ I can ’ t imagine that if he had a vacancy on the Supreme Court that he would not very quickly make the appointment and look for the Senate to take quick action.
” Meadows spoke shortly after the @ @ @ @ @ @ @ but before the justice announced she had a recurrence of cancer and has been treated with chemotherapy since May 19 .
Ginsburg is the oldest justice , followed by Stephen Breyer , 81 , Clarence Thomas , 72 , and Samuel Alito , 70 .
Trump sees his efforts at reshaping the judiciary as a signature achievement of his presidency .
Last month he marked his 200th judicial appointment .
Earlier in his term , he won confirmation of Neil Gorsuch and Brett Kavanaugh to the high court .
The president has sought @ @ @ @ @ @ @ win a second term , he would have the chance to push the Supreme Court and lower courts further to the right .
Last month , after the court rejected his administration ’ s attempt to end an Obama-era program that provided legal protections to roughly 650,000 immigrants illegally brought to the United States as children , Trump said more needed to be done to push the court to the right .
He said he would release a “ new list of Conservative Supreme Court Justice nominees ” by Sept. 1 .
“ @ @ @ @ @ @ @ this list is more important than ever before ( Second Amendment , Right to Life , Religous Liberty , etc . )
– VOTE 2020 !
” he tweeted .
Carl Tobias , a University of Richmond law school professor , said Republicans “ have shown no consistency ” between their refusal to give Garland a hearing and their insistence it would be proper to move forward on a vacancy during the waning days of a potentially lame-duck presidency .
Tobias said Trump and Republicans are calculating that playing up their commitment to @ @ @ @ @ @ @ attractive pitch to base voters that it ’ s worth risking being labeled hypocrites by their opponents .
Leading Republicans , including the Senate Judiciary Committee chairman , Republican Lindsey Graham of South Carolina , now say it ’ s OK to consider an election-year appointment when the Senate and the White House are held by the same party .
“ Merrick Garland was a different situation , ” Graham said in May .
“ You had the president of one party nominating , and you had the Senate in the hands of @ @ @ @ @ @ @ you ’ ve got them both would be different.
” McConnell was even more blunt .
“ Yeah , we ’ d fill it , ” he said in a February interview .
Sen. Joni Ernst , R-Iowa , a member of the Judiciary panel who is facing reelection , told Iowa PBS on Friday that she would also be supportive of holding hearings and a vote on a Trump nominee this year , even if the president lost reelection .
“ There ’ s likely not to be a lot of disagreement @ @ @ @ @ @ @ House on the selection of a nominee , unlike in 2016 , Ernst said .
At least one key Republican has expressed reservations .
Iowa Sen. Chuck Grassley , the former chairman of the Judiciary panel who blocked Garland ’ s nomination in 2016 , said two years ago that he would not take up a new nomination if he were still the committee chairman in 2020 and there were a Supreme Court vacancy .
But Grassley , who now heads the Senate Finance Committee , said if there were a different chairman @ @ @ @ @ @ @ call .
Grassley told Fox News in 2018 that the wouldn ’ t take up the nomination because “ I pledged that in 2016 … That ’ s a decision I made a long time ago.
” By AAMER MADHANI and MARY CLARE JALONICK Associated Press

President Donald Trump and Senate Majority Leader Mitch McConnell have tried to make it clear: Given the chance, they would push through a Supreme Court nominee should a vacancy occur before Election Day.
WASHINGTON (AP) — President Donald Trump and Senate Majority Leader Mitch McConnell have tried to make it clear: Given the chance, they would push through a Supreme Court nominee should a vacancy occur before Election Day.
The issue has taken on new immediacy with the disclosure Friday that Justice Ruth Bader Ginsburg is receiving chemotherapy for a recurrence of cancer after four earlier bouts with the disease. The 87-year-old liberal, who apologized in 2016 for her pointed public criticism of Trump during his first campaign, says she has no plans to retire.
The development has focused even more on what's at stake this election, with the winner in position to help shape the trajectory of the court for years to come.
Trump administration officials have underscored that Trump would not hesitate to fill an opening before voters have their say Nov. 3, less than four months away, on whether to give him a second term.
Four years ago, also in a presidential election year, the GOP-controlled Senate refused to hold a hearing or vote when President Barack Obama, a Democrat, nominated federal judge Merrick Garland to succeed Justice Antonin Scalia after his death in February. Nine months before that year's election, McConnell said voters should determine who would nominate the person to fill that seat.
Fast forward to this past week. Trump's chief of staff, Mark Meadows, told reporters: "I can't imagine that if he had a vacancy on the Supreme Court that he would not very quickly make the appointment and look for the Senate to take quick action."
Meadows spoke shortly after the court said Ginsburg was briefly hospitalized, but before the justice announced she had a recurrence of cancer and has been treated with chemotherapy since May 19.
Ginsburg is the oldest justice, followed by Stephen Breyer, 81, Clarence Thomas, 72, and Samuel Alito, 70.
Trump sees his efforts at reshaping the judiciary as a signature achievement of his presidency. Last month he marked his 200th judicial appointment. Earlier in his term, he won confirmation of Neil Gorsuch and Brett Kavanaugh to the high court.
The president has sought to remind fellow Republicans that should he win a second term, he would have the chance to push the Supreme Court and lower courts further to the right.
Last month, after the court rejected his administration's attempt to end an Obama-era program that provided legal protections to roughly 650,000 immigrants illegally brought to the United States as children, Trump said more needed to be done to push the court to the right.
He said he would release a "new list of Conservative Supreme Court Justice nominees" by Sept. 1. "Based on decisions being rendered now, this list is more important than ever before (Second Amendment, Right to Life, Religous Liberty, etc.) – VOTE 2020!" he tweeted.
Carl Tobias, a University of Richmond law school professor, said Republicans "have shown no consistency" between their refusal to give Garland a hearing and their insistence it would be proper to move forward on a vacancy during the waning days of a potentially lame-duck presidency.
Tobias said Trump and Republicans are calculating that playing up their commitment to adding another conservative justice is such an attractive pitch to base voters that it's worth risking being labeled hypocrites by their opponents.
Leading Republicans, including the Senate Judiciary Committee chairman, Republican Lindsey Graham of South Carolina, now say it's OK to consider an election-year appointment when the Senate and the White House are held by the same party.
"Merrick Garland was a different situation," Graham said in May. "You had the president of one party nominating, and you had the Senate in the hands of the other party. A situation where you've got them both would be different."
McConnell was even more blunt. "Yeah, we'd fill it," he said in a February interview.
Sen. Joni Ernst, R-Iowa, a member of the Judiciary panel who is facing reelection, told Iowa PBS on Friday that she would also be supportive of holding hearings and a vote on a Trump nominee this year, even if the president lost reelection.
"There's likely not to be a lot of disagreement" between the Senate and the White House on the selection of a nominee, unlike in 2016, Ernst said.
At least one key Republican has expressed reservations.
Iowa Sen. Chuck Grassley, the former chairman of the Judiciary panel who blocked Garland's nomination in 2016, said two years ago that he would not take up a new nomination if he were still the committee chairman in 2020 and there were a Supreme Court vacancy. But Grassley, who now heads the Senate Finance Committee, said if there were a different chairman that person would have to make the call.
Grassley told Fox News in 2018 that the wouldn't take up the nomination because "I pledged that in 2016 … That's a decision I made a long time ago."
By AAMER MADHANI and MARY CLARE JALONICK Associated Press


courthousenews--2020-07-18--Texas Exempts Private Schools From Reopening Restrictions

AUSTIN , Texas ( CN ) — Republican Texas Attorney General Ken Paxton told religious private schools Friday they are exempt from local reopening restrictions during the Covid-19 pandemic due to their free speech rights .
Paxton said in an open letter that city and county authorities that issue “ blanket orders closing religious private schools ” are violating the U.S. and Texas constitutions and the Texas Religious Freedom Restoration Act .
“ As the Supreme Court reaffirmed last week , ‘ [ t ] he First Amendment protects the right of the religious institutions ‘ to decide for themselves @ @ @ @ @ @ @ of church government as well as those of faith and doctrine , ’ ’ ” Paxton ’ s 4-page letter states .
“ Likewise , the Texas Supreme Court acknowledges that ‘ the government can not set standards for religious education or training.
’ ” Paxton ’ s guidance comes three days after city of Austin and Travis County officials banned public and private schools from holding in-person classes before Sept. 8 .
The order bans extracurricular activities until a school ’ s in-person instruction resumes .
The ban came after Austin-Travis County @ @ @ @ @ @ @ commissioners that students between 10 and 19 years of age are particularly vulnerable .
“ Somewhere around seventy percent of students could become infected , ” he said .
“ In that 0.03 percent to 1.02 percent for Travis County , [ it ] would equate to between 40 and 1,370 deaths in that age group.
” Escott said the risk to teachers and staff is “ much higher , ” that a rate of death for the adults would be as much as ten times higher .
He urged schools to prepare @ @ @ @ @ @ @ position ” for the entire fall semester .
Paxton said the Texas Religious Freedom Restoration Act deems such closure orders as “ not the least restrictive means of achieving ” a compelling interest to close parts of society to contain the spread of the virus .
He also said the local orders contradict executive orders by Republican Governor Greg Abbott for public schools , stating he “ expressly acknowledged ” that private schools can make their own decisions on the matter .
“ Under the governor ’ s orders , local governments are @ @ @ @ @ @ @ mitigation strategies to those institutions , ” the letter states .
Within hours of Dr. Escott ’ s recommendations , Austin Independent School District Superintendent Paul Cruz announced the first day of class will be delayed three weeks from Aug. 18 to Sept. 8 .
On Friday , the Texas Education Agency announced that public schools in the state will be allowed to temporarily limit in-person instruction for the first four weeks of school into September and could apply for a waiver if they wish to continue online instruction .
Austin officials acknowledged @ @ @ @ @ @ @ the health of Texas school children “ is paramount ” for everyone .
“ The city encourages all schools to monitor our local COVID-19 situation and to respond in a manner that offers the greatest safety for our school children and their families , as well as for the teachers and staff of the schools , ” the city said in a statement .
Texas reported 10,158 new confirmed cases of Covid-19 and 130 deaths on Saturday , according to the Texas Department of State Health Services .

Republican Texas Attorney General Ken Paxton told religious private schools Friday they are exempt from local reopening restrictions during the Covid-19 pandemic due to their free speech rights.
AUSTIN, Texas (CN) — Republican Texas Attorney General Ken Paxton told religious private schools Friday they are exempt from local reopening restrictions during the Covid-19 pandemic due to their free speech rights.
Paxton said in an open letter that city and county authorities that issue “blanket orders closing religious private schools” are violating the U.S. and Texas constitutions and the Texas Religious Freedom Restoration Act.
“As the Supreme Court reaffirmed last week, ‘[t]he First Amendment protects the right of the religious institutions ‘to decide for themselves, free from state interference, matters of church government as well as those of faith and doctrine,’’” Paxton’s 4-page letter states. “Likewise, the Texas Supreme Court acknowledges that ‘the government cannot set standards for religious education or training.’”
Paxton’s guidance comes three days after city of Austin and Travis County officials banned public and private schools from holding in-person classes before Sept. 8. The order bans extracurricular activities until a school’s in-person instruction resumes. The ban came after Austin-Travis County Health Authority Dr. Mark Escott told county commissioners that students between 10 and 19 years of age are particularly vulnerable.
“Somewhere around seventy percent of students could become infected,” he said. “In that 0.03 percent to 1.02 percent for Travis County, [it] would equate to between 40 and 1,370 deaths in that age group.”
Escott said the risk to teachers and staff is “much higher,” that a rate of death for the adults would be as much as 10 times higher. He urged schools to prepare for online-only instruction as the “default position” for the entire fall semester.
Paxton said the Texas Religious Freedom Restoration Act deems such closure orders as “not the least restrictive means of achieving” a compelling interest to close parts of society to contain the spread of the virus. He also said the local orders contradict executive orders by Republican Governor Greg Abbott for public schools, stating he “expressly acknowledged” that private schools can make their own decisions on the matter.
“Under the governor’s orders, local governments are prohibited from closing religious institutions or dictating mitigation strategies to those institutions,” the letter states.
Within hours of Dr. Escott’s recommendations, Austin Independent School District Superintendent Paul Cruz announced the first day of class will be delayed three weeks from Aug. 18 to Sept. 8. On Friday, the Texas Education Agency announced that public schools in the state will be allowed to temporarily limit in-person instruction for the first four weeks of school into September and could apply for a waiver if they wish to continue online instruction.
Austin officials acknowledged Paxton’s guidance Friday, saying the health of Texas school children “is paramount” for everyone.
“The city encourages all schools to monitor our local COVID-19 situation and to respond in a manner that offers the greatest safety for our school children and their families, as well as for the teachers and staff of the schools,” the city said in a statement.
Texas reported 10,158 new confirmed cases of Covid-19 and 130 deaths on Saturday, according to the Texas Department of State Health Services.


courthousenews--2020-07-18--Demand for Citizen Police Review Boards Spreads Across US

( CN ) — In the wake of the death of George Floyd during an arrest on Memorial Day , Americans took to the streets nationwide demanding police reforms .
While those demands vary from city to city , one of the most common is a call for the creation of community-led oversight for police .
In a late June City Council meeting in Richmond , Virginia – called after weeks of nightly protests , often with police shooting tear gas and pepper spraying demonstrators – Mayor Levar Stoney added his city to the list of those seeking a civilian @ @ @ @ @ @ @ ready for a new approach to public safety , ” said the 39-year-old Black mayor , who faced the brunt of criticism for the police ’ s brutal response .
He then asked the council to create a citizen-led body “ charged with reviewing complaints and making recommendations following police department investigations.
” What Stoney put in motion will be no easy task .
While civilian boards have existed since the early 1990s , they are by nature a reaction to something bad happening in the community – officer-involved shootings , protests gone @ @ @ @ @ @ @ recognize it ’ s not a matter of if , but when there ’ s a major event , ” said Liana Perez , director of operations for the National Association for Civilian Oversight of Law Enforcement , or NACOLE .
Perez ’ s nonprofit group helps communities with resources to create civilian review boards , or CRBs , and she admits it ’ s been a busy month between protests and the broader conversation of police brutality .
While she said CRBs can help develop trust between citizens and police , certain @ @ @ @ @ @ @ CRBs ] need to include something that requires the law enforcement agency to cooperate with them , ” she said .
“ If it ’ s not written into the document then there ’ s no reason for the agency to participate.
” This can often be the first huge obstacle blocking an oversight board ’ s path , and it ’ s something Sarah Burke ran into while she spent a year helping to develop a CRB for the city of Charlottesville , Virginia .
“ It was clear we had to @ @ @ @ @ @ @ process works , but how is the data collected and what might be missing that affects the way that data is interpreted , ” Burke said , adding the city requested the creation of a CRB after years of claims of race-based mistreatment .
The Charlottesville effort was further energized in the wake of the Unite the Right rally in August 2017 that saw white nationalists and neo-Nazis descend on the small college town , leaving one counterprotester , Heather Heyer , dead .
That first year , Burke learned a lot by @ @ @ @ @ @ @ not require police to respond to her data requests and they were often ignored .
But ironically , she did find out one interesting bit of information : the police department had spent taxpayer money on new data collection software but refused to turn over the data it was collecting .
“ Why spend millions on software that can ’ t make the reports that are needed ?
” Burke said .
The issues she ’ s running into stem from state laws , and those can change and improve to make the @ @ @ @ @ @ @ her fledgling CRB development crew lacked subpoena power to enforce data requests , other places like Los Angeles County have taken steps to specifically address that need .
In March , more than 70 % of LA County voters approved Measure R , which grants such power to the county ’ s Civilian Oversight Commission , or COC .
LA County Sheriff ’ s Department policies , and their impact on the county ’ s 10 million residents , fall under the purview of the COC , which was created in 2016 by @ @ @ @ @ @ @ appoint its nine members .
And while LA might be ahead of the recent push for CRBs , that doesn ’ t mean it hasn ’ t faced problems already .
As the novel coronavirus began spreading in California this spring , the COC probed virus transmission in county jails but found little cooperation from Sheriff Alex Villanueva .
Villanueva , a self-described progressive elected on a reformist platform , refused to appear before the COC to discuss health conditions inside the jails , prompting the commission to vote on May 7 to @ @ @ @ @ @ @ refused to comply , saying in a May 20 statement the COC lacked the legal authority to subpoena him and that the California Constitution names him as an officer accountable only to voters .
The COC then voted to sue the sheriff .
This type of legal snafu is one even the most successful versions of CRBs can fall into .
Perez said Oakland , California , has one of the strongest CRBs in the nation .
Established in a 2016 voter referendum , the Oakland Police Commission wields limited power to change @ @ @ @ @ @ @ And it can unilaterally fire police chiefs for cause , or without cause if the mayor approves .
That vast authority has come under fire in recent months after the commission recommended that former Oakland Police Chief Anne Kirkpatrick be terminated without cause .
In an administrative complaint filed in May , Kirkpatrick claimed the board recommended firing her in retaliation for her blowing the whistle on commissioners seeking special treatment from the department .
Oakland Police Commission Chair Regina Jackson said the board had cause to fire the chief , including for @ @ @ @ @ @ @ reforms as part of a 17-year-old civil rights settlement .
She said the commission would have gone through the “ laborious ” process of firing the chief for cause had the mayor not concurred with its decision .
“ We unanimously as a commission based on our observations and engagement determined she was not going to be the transformational police chief we needed for Oakland so we took that route and the mayor joined us , ” Jackson said in a phone interview .
Despite the ongoing legal struggle there ’ s been @ @ @ @ @ @ @ March 2018 , after five officers shot and killed Joshua Pawlik , a homeless man found sleeping on the ground with a gun in his hand , investigations by multiple police-linked agencies cleared the officers of wrongdoing .
But a federal court-appointed monitor overseeing the department ’ s compliance from that 2003 consent decree reached a different conclusion and recommended the officers face discipline .
By overriding the chief ’ s decision , the monitor created a disagreement between the department and independent investigators that had cleared the officers of wronging , enabling @ @ @ @ @ @ @ fire the five officers .
Jackson said Pawlik didn ’ t deserve to die , and the officers that shot him needed to be held accountable .
“ There are going to be consequences for certain behaviors , and people will be held responsible , ” Jackson said .
Beyond firing officers , Oakland ’ s CRB has been hailed for progress in other areas as well .
Last year , the commission enacted a new policy that bans officers from asking people if they are on probation or searching them or their @ @ @ @ @ @ @ .
Rashidah Grinage , a longtime police reform advocate with the Coalition for Police Accountability in Oakland , said the policy has helped address the problem of racial profiling .
“ What we know is the racial profiling of drivers is directly related to someone ’ s status in regard to whether they are on probation or parole , ” Grinage said .
“ We know a disproportionate number of those people are Black or brown.
” The commission also passed a policy requiring officers to justify their actions in writing every time @ @ @ @ @ @ @ or point a firearm at someone .
Never finished in their oversight goals , they ’ ve now set their sites on an overhaul of the department ’ s use-of-force policy .
“ If things never change , there ’ s no way you can grow , no way you can build that trust with the community , ” Jackson said .
“ The commission is here because things have got to change.
” Barry Donelan , president of the Oakland Police Officers Association , said he supports civilian oversight of law enforcement @ @ @ @ @ @ @ benefit from more dialogue with officers .
“ I think the police commission should have a better relationship with the officers , ” the union leader said .
Jackson replied that she and other commissioners make efforts to engage with the rank and file by going on police ride-alongs and getting feedback from officers during shift-start briefings .
But that relationship needs to flow both ways , and at a time when a community ’ s police force is strained , experts say trust in CRBs needs to be reaffirmed .
During recent @ @ @ @ @ @ @ , that trust showed signs of eroding .
“ Invariably they rubber stamp what LAPD puts before them and they treat people [ who make public comments ] with disdain , ” Paula Minor , an organizer with Black Lives Matter-LA , told Courthouse News about recent efforts to communicate her group ’ s concerns with the CRB .
“ It ’ s a hostile environment for people who talk about change to public policy.
” The LA Police Commission , whose five members are appointed by the mayor , sets the policy @ @ @ @ @ @ @ LA claiming commission meetings , which happen Tuesday mornings at police headquarters in downtown LA , are designed to stifle public comment on the activities of one of the nation ’ s largest police forces .
Jody Armour , law professor at the University of Southern California , said this hasn ’ t helped build trust in the system .
“ I remember thinking how difficult they were making it to engage in the community process , ” Armour said .
“ This moment is urging us not to settle for incremental reforms @ @ @ @ @ @ @ in the past , ” he added .
“ But you ’ re always going to want some oversight , that ’ s what democracy is about…You want to make sure people affected by its exercise are in the room.
” Back in Richmond , a few weeks after the mayor announced his support for a CRB , 9th District City Councilman Mike Jones is optimistic about the future of the city ’ s program .
“ I know we need something that ’ s independent of police ; something with subpoena powers @ @ @ @ @ @ @ the politicians are out of it as much as possible , ” he said , expecting as much as 18 months of study and work before the Richmond CRB fully takes shape .
Often found at the frontlines of the city ’ s recent protests and marches , Jones has seen the protest-linked police brutality , but he was quick to note his experience as a Black man growing up in the area has informed his effort .
“ I ’ ve lived it , not just the past 30 days but the @ @ @ @ @ @ @ , noting police are often seen as harassers who drop in and make arrests rather than make positive impacts in a community .
“ [ Police ] are still holding onto a model that ’ s come out of the 30s and 60s , we need to evolve with the times.
” So how does Jones envision the future of Richmond ’ s police force ?
“ It ’ s an alliteration , ” he said .
“ From harassment to help – law enforcement to public safety .
”

In the wake of the death of George Floyd during an arrest on Memorial Day, Americans took to the streets nationwide demanding police reforms. While those demands vary from city to city, one of the most common is a call for the creation of community-led oversight for police.
(CN) — In the wake of the death of George Floyd during an arrest on Memorial Day, Americans took to the streets nationwide demanding police reforms. While those demands vary from city to city, one of the most common is a call for the creation of community-led oversight for police.
In a late June City Council meeting in Richmond, Virginia — called after weeks of nightly protests, often with police shooting tear gas and pepper spraying demonstrators — Mayor Levar Stoney added his city to the list of those seeking a civilian police review board.
“Richmond is ready for a new approach to public safety,” said the 39-year-old Black mayor, who faced the brunt of criticism for the police’s brutal response. He then asked the council to create a citizen-led body “charged with reviewing complaints and making recommendations following police department investigations.”
What Stoney put in motion will be no easy task. While civilian boards have existed since the early 1990s, they are by nature a reaction to something bad happening in the community — officer-involved shootings, protests gone wrong and the like.
“Communities recognize it's not a matter of if, but when there’s a major event,” said Liana Perez, director of operations for the National Association for Civilian Oversight of Law Enforcement, or NACOLE.
Perez’s nonprofit group helps communities with resources to create civilian review boards, or CRBs, and she admits it's been a busy month between protests and the broader conversation of police brutality. While she said CRBs can help develop trust between citizens and police, certain qualities must be maintained.
“[CRBs] need to include something that requires the law enforcement agency to cooperate with them,” she said. “If it's not written into the document then there’s no reason for the agency to participate.”
This can often be the first huge obstacle blocking an oversight board’s path, and it's something Sarah Burke and others ran into while they spent a year helping to develop a CRB for the city of Charlottesville, Virginia.
“It was clear we had to look under the hood on how the process works, but how is the data collected and what might be missing that affects the way that data is interpreted,” Burke said, adding the city requested the creation of a CRB after years of claims of race-based mistreatment.
The Charlottesville effort was further energized in the wake of the Unite the Right rally in August 2017 that saw white nationalists and neo-Nazis descend on the small college town, leaving one counterprotester, Heather Heyer, dead.
That first year, Burke and the fellow members of the CRB creation team learned a lot by not learning much — state law does not require police to respond to her data requests and they were often ignored.
But ironically, the creation committee did find out one interesting bit of information: the police department had spent taxpayer money on new data collection software but refused to turn over the data it was collecting.
“Why spend millions on software that can’t make the reports that are needed?” Burke said.
Richmond Councilman Mike Jones speaks to Black Lives Matter protesters at the base of the Robert E. Lee monument in Richmond, Va. (Courthouse News photo/Brad Kutner)
The issues she’s running into stem from state laws, and those can change and improve to make the systems better. And while Burke said her fledgling CRB development crew lacked subpoena power to enforce data requests, other places like Los Angeles County have taken steps to specifically address that need.
In March, more than 70% of LA County voters approved Measure R, which grants such power to the county’s Civilian Oversight Commission, or COC.
LA County Sheriff’s Department policies, and their impact on the county’s 10 million residents, fall under the purview of the COC, which was created in 2016 by action of county supervisors, who also appoint its nine members.


courthousenews--2020-07-18--Fifth Circuit Bars Texas GOP From Holding In-Person Convention Amid Pandemic

HOUSTON ( CN ) — The Texas Republican Party is holding its convention online this weekend after the Fifth Circuit late Friday stayed a federal judge ’ s order to let the party gather in a Houston convention center .
U.S. District Judge Lynn Hughes , a Ronald Reagan appointee , ruled from the bench Friday afternoon , ordering Houston to allow the Republicans to hold their convention in the city-owned George R. Brown Convention Center downtown on July 18 and 19 , and July 25 and 26 if necessary .
Houston Mayor Sylvester Turner , a Democrat , immediately @ @ @ @ @ @ @ federal appellate court late Friday stayed Hughes ’ ruling with a one-page unsigned order .
Turner argues in his appeal Hughes improperly allowed the Texas Republican Party to contest cancellation of the in-person convention in an unrelated lawsuit about business shutdowns Governor Greg Abbott ordered to curb the spread of Covid-19 .
The legal battle started July 8 when Turner had Houston First , a government corporation that manages the convention center , cancel the GOP ’ s contract to rent the building .
Turner said the gathering was not a good idea @ @ @ @ @ @ @ in Covid-19 cases , an opinion shared by the Texas Medical Association , which withdrew as a sponsor of the convention in late June .
After the Texas Republican Party ’ s state court lawsuit challenging the cancellation failed , its executive committee voted to hold the convention online .
But the first day Thursday was reportedly a disaster due to glitches getting the online platform up and running .
State Republican Chair James Dickey decided to join the federal litigation in hopes of obtaining the option of holding the convention in person @ @ @ @ @ @ @ party has until Saturday to elect delegates to cast the state ’ s 38 votes in the Electoral College should President Donald Trump win the most votes in Texas in November .
Because Texas , like 48 other states , has a winner-take-all system for the Electoral College , if Democrat Joe Biden carries the state , he will get all the state ’ s 38 votes .
Despite the GOP ’ s legal maneuvering , Dickey said late Friday it is moving forward with a virtual convention .
“ The RPT is @ @ @ @ @ @ @ with its approved plan from the State Republican Executive Committee .
Our online convention provides the greatest opportunity for as many delegates who want to participate in the convention as possible , ” he said in a statement .
Dickey thanked Judge Hughes for agreeing with the party ’ s claims Mayor Turner had improperly cited a spike in Covid-19 cases in Houston starting Memorial Day weekend as a force majeure , or “ act of God , ” allowing Houston to cancel the convention .
In its litigation , the Texas Republican @ @ @ @ @ @ @ because he had its in-person convention called off after giving his approval for a June 2 protest over Houston native George Floyd ’ s killing in which 60,000 people gathered shoulder to shoulder around city hall .
Dickey used Hughes ’ ruling to take another shot at Turner on Friday .
“ I hope this ruling sets a precedent for other state and local Republican parties and organizations who come against a bully Democrat mayor ’ s malicious shutdown , ” he said in a statement .
The number of Covid-19 cases in @ @ @ @ @ @ @ Texans killed by the respiratory illness grew to 3,735 , with a record high 154 deaths on Thursday , the third straight day of triple digits , the Houston Chronicle reported .
Houston is a hot spot .
Its hospitals are converting space into ICU units to deal with the influx of patients .
It is the seat of Harris County , which leads the state with nearly 52,000 cases .

The Texas Republican Party is holding its convention online this weekend after the Fifth Circuit late Friday stayed a federal judge’s order to let the party gather in a Houston convention center.
HOUSTON (CN) — The Texas Republican Party is holding its convention online this weekend after the Fifth Circuit late Friday stayed a federal judge’s order to let the party gather in a Houston convention center.
U.S. District Judge Lynn Hughes, a Ronald Reagan appointee, ruled from the bench Friday afternoon, ordering Houston to allow the Republicans to hold their convention in the city-owned George R. Brown Convention Center downtown on July 18 and 19, and July 25 and 26 if necessary.
Houston Mayor Sylvester Turner, a Democrat, immediately appealed to the Fifth Circuit and the federal appellate court late Friday stayed Hughes’ ruling with a one-page unsigned order.
Turner argues in his appeal Hughes improperly allowed the Texas Republican Party to contest cancellation of the in-person convention in an unrelated lawsuit about business shutdowns Governor Greg Abbott ordered to curb the spread of Covid-19.
The legal battle started July 8 when Turner had Houston First, a government corporation that manages the convention center, cancel the GOP’s contract to rent the building.
Turner said the gathering was not a good idea as the city struggles with a spike in Covid-19 cases, an opinion shared by the Texas Medical Association, which withdrew as a sponsor of the convention in late June.
After the Texas Republican Party’s state court lawsuit challenging the cancellation failed, its executive committee voted to hold the convention online.
But the first day Thursday was reportedly a disaster due to glitches getting the online platform up and running.
State Republican Chair James Dickey decided to join the federal litigation in hopes of obtaining the option of holding the convention in person.
He said in court filings the party has until Saturday to elect delegates to cast the state’s 38 votes in the Electoral College should President Donald Trump win the most votes in Texas in November.
Because Texas, like 48 other states, has a winner-take-all system for the Electoral College, if Democrat Joe Biden carries the state, he will get all the state’s 38 votes.
Despite the GOP’s legal maneuvering, Dickey said late Friday it is moving forward with a virtual convention.
“The RPT is on track to hold its convention online with its approved plan from the State Republican Executive Committee. Our online convention provides the greatest opportunity for as many delegates who want to participate in the convention as possible,” he said in a statement.
Dickey thanked Judge Hughes for agreeing with the party’s claims Mayor Turner had improperly cited a spike in Covid-19 cases in Houston starting Memorial Day weekend as a force majeure, or “act of God,” allowing Houston to cancel the convention.
In its litigation, the Texas Republican Party accused Turner of political viewpoint discrimination because he had its in-person convention called off after giving his approval for a June 2 protest over Houston native George Floyd’s killing in which 60,000 people gathered shoulder to shoulder around city hall.
Dickey used Hughes’ ruling to take another shot at Turner on Friday.
“I hope this ruling sets a precedent for other state and local Republican parties and organizations who come against a bully Democrat mayor’s malicious shutdown,” he said in a statement.
The number of Covid-19 cases in Texas went over 300,000 this week and Texans killed by the respiratory illness grew to 3,735, with a record high 154 deaths on Thursday, the third straight day of triple digits, the Houston Chronicle reported.
Houston is a hot spot. Its hospitals are converting space into ICU units to deal with the influx of patients. It is the seat of Harris County, which leads the state with nearly 52,000 cases.


courthousenews--2020-07-20--Scientists Trace History of Smallpox Vaccines Used During Civil War

( CN ) – Long before the pandemic of 2020 , there was the fear of a smallpox outbreak during the American Civil War .
Remarkably , modern researchers were able to find traces of the smallpox vaccine strains used from that era and published their findings Sunday in the journal Genome Biology .
Immunizations were in practice before the start of the war in 1861 , but the infectious smallpox disease during the war prompted some haphazard field vaccinations .
According to the Smithsonian , 40 % of Union soldiers who contracted the disease died .
Gruesome historical anecdotes @ @ @ @ @ @ @ try to stick themselves with pocket knives smeared with pus so they could build their own immunity .
In 1796 , vaccinations gained widespread thanks to English physician Edward Jenner who observed that exposure to a milder illness could provide protections against future outbreaks of smallpox .
By the late 1970s , the last naturally occurring case of smallpox was diagnosed and the virus was officially declared eradicated by the World Health Organization in 1980 .
Researchers examined vaccination kits used during the Civil War era , which included small lancets and glass @ @ @ @ @ @ @ materials .
Study authors say they were able to gather samples from the organic and nonorganic parts of the kits , including the tin boxes and slides , which provided a peak into a different era of medical history .
“ Vaccination is a wonderful process with a rich medical history that we should celebrate , ” said lead researcher Ana Duggan with the Public Health Agency of Canada in a statement .
“ Medical museums are incredible repositories of our past and of our collective history .
The new tools we develop @ @ @ @ @ @ @ to investigate how medical sources , procedures and techniques have changed through time.
” The study shows that in the 1860s and 1870s , medical practitioners used vaccinia virus or VV that was being tested on human subjects in Philadelphia .
A weaker relative to smallpox was introduced to the host , typically by exposing pus or scabs to a scratch or cut in the skin and the host subject ’ s body could develop their own immunity .
The vaccinia strain found in the kits are considered distant in terms of the @ @ @ @ @ @ @ according to the study authors and the slow rate of mutation for vaccinia likely provides for “ distant ” protection .
Study authors say their technique to recover viral molecules from the field kits will provide new avenues to explore medical history , but not just organic samples but inorganic as well .
An email to the authors was not immediately answered by press time .

Long before the pandemic of 2020, there was the fear of a smallpox outbreak during the American Civil War. Remarkably, modern researchers were able to find traces of the smallpox vaccine strains used from that era and published their findings Sunday in the journal Genome Biology.
(CN) — Long before the pandemic of 2020, there was the fear of a smallpox outbreak during the American Civil War. Remarkably, modern researchers were able to find traces of the smallpox vaccine strains used from that era and published their findings Sunday in the journal Genome Biology.
Immunizations were in practice before the start of the war in 1861, but the infectious smallpox disease during the war prompted some haphazard field vaccinations.
According to the Smithsonian, 40% of Union soldiers who contracted the disease died. Gruesome historical anecdotes include self-immunizations between fellow soldiers who would try to stick themselves with pocket knives smeared with pus so they could build their own immunity.
In 1796, vaccinations became widespread thanks to English physician Edward Jenner who observed that exposure to a milder illness could provide protections against future outbreaks of smallpox.
By the late 1970s, the last naturally occurring case of smallpox was diagnosed and the virus was officially declared eradicated by the World Health Organization in 1980.
The study published Sunday stemmed from the researchers’ interest in the success of the eradication of smallpox via vaccination, according to lead researcher Ana Duggan with the Public Health Agency of Canada. The study sought to understand what vaccine strains were used to prevent infection by naturally occurring smallpox.
“In the context of contemporary research, especially on a day when we see so much news on the truly global effort to develop vaccines for the SARS-CoV-2 virus, it is important to reflect on and celebrate the history and successes of past vaccination efforts,” said Duggan in an email.
Researchers examined vaccination kits used during the Civil War era, which included small lancets and glass plates to gather samples, like scab materials. Study authors say they were able to gather samples from the organic and nonorganic parts of the kits, including the tin boxes and slides, which provided a peak into a different era of medical history.
"Vaccination is a wonderful process with a rich medical history that we should celebrate," said lead researcher Ana Duggan with the Public Health Agency of Canada in a statement. "Medical museums are incredible repositories of our past and of our collective history. The new tools we develop in this work allow us to begin to investigate how medical sources, procedures and techniques have changed through time."
The study shows that in the 1860s and 1870s, medical practitioners used vaccinia virus or VV that was being tested on human subjects in Philadelphia. A weaker relative to smallpox was introduced to the host, typically by exposing pus or scabs to a scratch or cut in the skin and the host subject’s body could develop their own immunity.
The vaccinia strain found in the kits are considered distant in terms of the evolutionary makeup when compared to say smallpox according to the study authors and the slow rate of mutation for vaccinia likely provides for “distant” protection.
The smallpox disease killed millions of people and a vaccine that prevented that risk of death was a tremendous achievement, Duggan said in an interview.
“As we search for a SARS-CoV-2 vaccine, the work of Edward Jenner and subsequent physicians around the world to eradicate smallpox should serve as an inspiration to the value and potential of vaccine research and a reminder that effective vaccines can be quite evolutionarily distant” from the etiological agent or virus strain the vaccines are designed to protect against, Duggan said.
Study authors say their technique to recover viral molecules from the field kits will provide new avenues to explore medical history, but not just organic samples but inorganic as well.