tag:blogger.com,1999:blog-29167800866139053132024-03-23T18:13:38.959-07:00Attorney & Law Firm NewsOur professional law firm website design, combined with SEO services, makes us the perfect law firm marketing firm.Unknownnoreply@blogger.comBlogger328125tag:blogger.com,1999:blog-2916780086613905313.post-83590546024418169492024-03-18T14:17:00.000-07:002024-03-18T14:17:23.007-07:00A Supreme Court ruling in a social media case could set standardsIn a busy term that could set standards for free speech in the digital age, the Supreme Court on Monday is taking up a dispute between Republican-led states and the Biden administration over how far the federal government can go to combat controversial social media posts on topics including COVID-19 and election security.
The justices are hearing arguments in a lawsuit filed by Louisiana, Missouri and other parties accusing officials in the Democratic administration of leaning on the social media platforms to unconstitutionally squelch conservative points of view. Lower courts have sided with the states, but the Supreme Court blocked those rulings while it considers the issue.
The high court is in the midst of a term heavy with social media issues. On Friday, the court laid out standards for when public officials can block their social media followers. Less than a month ago, the court heard arguments over Republican-passed laws in Florida and Texas that prohibit large social media companies from taking down posts because of the views they express.
The cases over state laws and the one being argued Monday are variations on the same theme, complaints that the platforms are censoring conservative viewpoints. The states argue that White House communications staffers, the surgeon general, the FBI and the U.S. cybersecurity agency are among those who coerced changes in online content on Facebook, X (formerly Twitter) and other media platforms.
“It’s a very, very threatening thing when the federal government uses the power and authority of the government to block people from exercising their freedom of speech,” Louisiana Attorney General Liz Murrill said in a video her office posted online.
The administration responds that none of the actions the states complain about come close to problematic coercion. The states “still have not identified any instance in which any government official sought to coerce a platform’s editorial decisions with a threat of adverse government action,” wrote Solicitor General Elizabeth Prelogar, the administration’s top Supreme Court lawyer. Prelogar wrote that states also can’t “point to any evidence that the government ever imposed any sanction when the platforms declined to moderate content the government had flagged — as routinely occurred.”
The companies themselves are not involved in the case.
Free speech advocates say the court should use the case to draw an appropriate line between the government’s acceptable use of the bully pulpit and coercive threats to free speech. Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-18983450351312043122024-03-09T12:27:00.000-08:002024-03-09T12:27:33.281-08:00Koreatown Los Angeles, California Local Business DirectoryLooking for a Korean restaurant in Koreatown neighborhood? Or interesting <a href="https://www.ktownpromo.net/index.php?page=search&sCategory=150">Korean business news</a> or Ktown local news? You have come to the right place.
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Tam Tak-chi, the first person tried under the city’s sedition law since Hong Kong returned to Chinese rule in 1997. Tam’s lawyers had argued his conviction should be overturned because the prosecution did not show he meant to incite violence.
The prosecution is widely seen as part of Beijing’s clampdown on dissent in the former British colony, following widespread anti-government protests in 2019.
Hong Kong court affirms landmark sedition conviction for pro-democracy activist
Tam was convicted on 11 charges in 2022, including seven counts of “uttering seditious words.” A judge at the lower court took issue with him chanting the popular protest slogan “Liberate Hong Kong, revolution of our times” — words the government says imply separatism — and criticizing the Beijing-imposed National Security Law during a primary campaign.
The judge said his words broke the law because they incited discontent against Hong Kong and disobedience to the law.
Tam and his lawyers had drawn hope from a ruling made by a top Commonwealth court in a 2023 case about a similar law. In that case, the London-based Privy Council said that the sedition law in Trinidad and Tobago could not be used to convict people unless they intended to incite violence or disorder. The Privy Council is the court of final appeal for a number of Commonwealth countries.
But the Hong Kong court rejected the argument, finding that the Privy Council ruling only applied to the law in Trinidad and Tobago.
Judge Jeremy Poon said sedition in Hong Kong is a statutory offense, not a common law offense. He added that law’s legislative history made it clear that an intention to incite violence is not a necessary element of most sedition offenses.
“Nothing suggests that any individual, including the applicant, a politician and activist highly critical of the government and a stern opponent of government policy, would be subject to an unacceptably harsh burden because of the restriction on seditious acts or speeches imposed by the offense,” the ruling said.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-21746731372911558562024-02-08T22:18:00.000-08:002024-02-08T22:18:34.905-08:00Republicans urge state Supreme Court to reject redistricting report’s findingsWisconsin Republicans urged the state Supreme Court on Thursday to ignore a report from redistricting consultants that determined GOP-proposed legislative maps were unconstitutional partisan gerrymanders.
While Republicans argue that the consultants’ findings are unsound, Democrats asked the court on Thursday to adopt one of their maps that the consultants found were “nearly indistinguishable.”
The stakes are huge in battleground Wisconsin, where Republicans have held a firm grip on control of the Legislature even as Democrats have notched significant statewide wins. Four of the past six presidential elections have been decided by less than a percentage point, while Republicans have increased their majorities under the maps they first drew in 2011 to 22-10 in the Senate and 65-34 in the Assembly.
The liberal-controlled Wisconsin Supreme Court ruled in December that the current Republican-drawn legislative maps were unconstitutional because not all the districts were contiguous. The court ordered the parties involved in the lawsuit to submit new maps that a pair of consultants then reviewed.
With the report and responses now in hand, the court is poised to rule within days or weeks on what the new maps should look like, unless the Republican-controlled Legislature passes maps that Democratic Gov. Tony Evers signs into law first.
Republicans are talking about passing the maps that Evers proposed, which the governor indicated on Wednesday he would sign. Evers last week vetoed maps the Legislature passed that were based on his proposal but made changes to protect Republican incumbents.
Republican Assembly Majority Leader Tyler August said Thursday there have been discussions with Senate Republicans about passing the Evers maps with no changes.
While those talks continue, the Supreme Court accepted responses Thursday from Republicans and Democrats to the consultants’ report. The court and Legislature are facing a March 15 deadline to enact new lines. That is the latest that maps can be in place in order for current filing deadlines for the fall election to be met, according to the Wisconsin Elections Commission.
Attorneys for the Legislature argued in their court filing Thursday that the consultants’ report was about finding a political remedy to redistricting, not addressing the continuity issue.
“There is no judicial power, only political will, to impose any of the Democrats’ sweeping redraws as a judicial remedy,” the Legislature argued.
The Legislature also hints at an appeal to the U.S. Supreme Court, saying that moving millions of voters from one legislative district to another as the Democratic map proposals would do “raises serious federal constitutional questions.”
The conservative Wisconsin Institute for Law & Liberty made a similar argument, saying adopting the reasoning of the consultants in rejecting it and the Legislature’s maps “would be an egregious due process violation.”
Republicans have also argued that liberal Justice Janet Protasiewicz should not have heard the case, given that she called the current Republican maps “rigged” and “unfair” during the campaign and accepted about $10 million in donations from Democrats. She was part of the 4-3 majority that voted to toss the Republican maps.
Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-2890563063755868692024-01-28T13:01:00.000-08:002024-01-28T13:01:58.660-08:00Donald Trump must pay an additional $83.3 million to E. Jean CarrollA jury awarded $83.3 million to E. Jean Carroll on Friday in a stinging and expensive rebuke to former President Donald Trump for his continued social media attacks against the longtime advice columnist over her claims that he sexually assaulted her in a Manhattan department store.
The award, coupled with a $5 million sexual assault and defamation verdict last year from another jury in a case brought by Carroll, raised to $88.3 million what Trump must pay her. Protesting vigorously, he said he would appeal.
Carroll, 80, clutched her lawyers’ hands and smiled as the seven-man, two-woman anonymous jury delivered its verdict. Minutes later, she shared a weepy three-way hug with her attorneys.
She declined comment as she left the Manhattan federal courthouse, but issued a statement later through a publicist, saying, “This is a great victory for every woman who stands up when she’s been knocked down, and a huge defeat for every bully who has tried to keep a woman down.”
Trump had attended the trial earlier in the day, but stormed out of the courtroom during closing arguments by Carroll’s attorney. He returned for his own attorney’s closing argument and for a portion of the deliberations, but left the courthouse a half hour before the verdict was read.
“Absolutely ridiculous!” he said in a statement shortly afterward. “Our Legal System is out of control, and being used as a Political Weapon.”
His attorney, Alina Habba, said the verdict resulted because Trump’s opponents were suing “in states where they know they will get juries like this.”
“It will not deter us. We will keep fighting. And, I assure you, we didn’t win today, but we will win,” she said.
The trial reached its conclusion as Trump marches toward winning the Republican presidential nomination a third consecutive time. He has sought to turn his various trials and legal vulnerabilities into an advantage, portraying them as evidence of a weaponized political system.
Though there’s no evidence that President Joe Biden or anyone in the White House has influenced any of the legal cases against him, Trump’s line of argument has resonated with his most loyal supporters, who view the proceedings with skepticism.
Nikki Haley, his last major rival in the Republican primaries, said on social media Friday that the verdict meant that people were “talking about $83 million in damages” rather than fixing the border or inflation.
With the Carroll civil case behind him, Trump still faces 91 criminal charges in four indictments accusing him of trying to overturn the 2020 presidential election, mishandling classified documents and arranging payoffs to a porn star. Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-76150643025148285142024-01-20T12:33:00.000-08:002024-01-20T12:33:36.502-08:00Illinois high court hands lawmakers a rare pension-overhaul victoryThe Illinois Supreme Court on Friday endorsed the consolidation of local police and firefighter pension systems, a rare victory in a yearslong battle to find an answer to the state’s besieged retirement accounts.
The court’s unanimous opinion rejected claims by three dozen working and retired police officers and firefighters from across the state that the merger of 649 separate systems into two statewide accounts violated the state constitution’s guarantee that benefits “shall not be diminished or impaired.”
For years, that phrase has flummoxed governors and legislatures trying to cut their way past decades of underfunding the retirement programs. Statewide pension systems covering teachers, university employees, state employees, judges and those working for the General Assembly are $141 billion shy of what’s been promised those current and retired workers. In 2015, the Supreme Court overturned lawmakers’ money-saving overhaul approved two years earlier.
Friday’s ruling, which does not affect pension programs in Cook County, which includes Chicago, deals with a law Gov. J.B. Pritzker signed in late 2019 intended to boost investment power and cut administrative spending for hundreds of municipal funds. The Democratic governor celebrated the unusually good pension news.
“We ushered in a new era of responsible fiscal management, one aspect of which has been consolidating over 600 local pension systems to increase returns and lower fees, reducing the burden on taxpayers,” Pritzker said in a statement.
It would appear to be working. As of 2021, the new statewide accounts together had a funding gap of $12.83 billion; a year later, it stood at $10.42 billion, a decline of 18.7%.
Additionally, data from the Firefighters’ Pension Investment Fund shows that through June 2023, the statewide fund had increased return value of $40.4 million while saving, through June 2022, $34 million in investment fees and expenses.
But 36 active and former first responders filed a lawsuit, claiming that the statewide arrangement had usurped control of their retirement benefits. They complained the law violated the pension-protection clause because they could no longer exclusively manage their investments, they no longer had a vote on who invested their money and what risks they were willing to take, and that the local funds had to pay for transitioning to the statewide program.
The court decreed that none of those issues concerned a benefit that was impaired. Beyond money, the pension-protection law only covers a member’s ability to continue participating or to increase service credits. Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-83194331655781299942024-01-11T09:46:00.000-08:002024-01-11T09:46:09.059-08:00More women join challenge to Tennessee’s abortion ban lawMore women on Monday joined a Tennessee lawsuit challenging the state’s broad abortion ban that went into effect shortly after the U.S. Supreme Court overturned Roe v. Wade in 2022.
The legal challenge is part of a handful of lawsuits filed across the U.S. in Republican-dominant states seeking clarity on the circumstances that qualify patients to legally receive an abortion.
Here is the latest on what’s going on in Tennessee and where many of the lawsuits stand. On Monday, four more women joined the legal battle in Tennessee that first was filed in September— bringing the total of plaintiffs suing over the state’s abortion ban to nine, including two doctors.
Three of the women added Monday were denied abortions while experiencing severe pregnancy complications, forcing them to travel out of state to get the procedure.
Among the new plaintiffs is Rebecca Milner, who learned she was pregnant with her first child in February 2023 after several years of unsuccessful fertility treatments.
According to court documents, Milner was told at a 20-week appointment that the amniotic fluid surrounding her baby was low. A specialist later said that her water had broken likely several weeks before and that nothing could be done to save the baby.
However, her doctor said that Tennessee’s abortion ban prohibited abortion services in her situation.
That’s because the ban only explicitly lists ectopic pregnancies and miscarriages as legally allowed exemptions. While the law also allows doctors to use “reasonable medical judgment” when determining if an abortion is necessary to prevent the death of a pregnant patient or to prevent irreversible, severe impairment of a major bodily function, medical experts have criticized this provision as too vague, one that puts doctors at a high legal risk of violating the statute.
In Milner’s case, court documents state that she eventually traveled to Virginia for an abortion and returned to Tennessee with a high fever. Doctors told her that she had an infection and that the delay in getting an abortion allowed the infection to worsen.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-36883947311196279222024-01-02T15:40:00.000-08:002024-01-02T15:40:41.454-08:00Hong Kong activist publisher Lai pleads not guilty to sedition chargesProminent activist and publisher Jimmy Lai on Tuesday pleaded not guilty to three charges of sedition and collusion with foreign countries in a landmark national security trial in Hong Kong.
Lai was arrested during a crackdown on dissidents following huge pro-democracy protests in 2019. He faces possible life imprisonment if convicted under a sweeping national security law imposed by Beijing. The trial is expected to last about 80 days without a jury.
The 76-year-old media tycoon who founded the now-defunct Apple Daily newspaper faces one count of conspiring to print seditious publications to incite hatred against the Chinese and Hong Kong governments, as well as two counts of collusion with foreign countries to call for sanctions and other hostile actions against China and Hong Kong.
Flanked by three prison officers, Lai formally pleaded not guilty to the charges read to him, shortly after the court rejected a last-ditch attempt by his counsel to throw out a sedition charge.
Prosecutor Anthony Chau in his opening statements described Lai as a “radical political figure” and the “mastermind” behind a conspiracy. Chau also said that Lai had used his media platform to advance his political agenda.
Clips of interviews that Lai gave to foreign media as well as speeches at events between 2019 and 2020 were also played in court. In the video, Lai called for support from foreign governments and urged U.S. officials as well as then-President Donald Trump to impose “draconian” measures on China and Chinese officials in retaliation for imposing the national security law and restricting freedoms in Hong Kong.
His prosecution has drawn criticism from the United States and the United Kingdom. Beijing has called those comments irresponsible, saying they went against international law and the basic norms of international relations.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-83660634866650310492023-12-19T09:41:00.000-08:002023-12-19T09:41:29.131-08:00Google to pay $700 million to US states, consumers in app store settlement
Google has agreed to pay $700 million and make several other concessions to settle allegations that it had been stifling competition against its Android app store — the same issue that went to trial in another case that could result in even bigger changes.
Although Google struck the deal with state attorneys general in September, the settlement’s terms weren’t revealed until late Monday in documents filed in San Francisco federal court. The disclosure came a week after a federal court jury rebuked Google for deploying anticompetitive tactics in its Play Store for Android apps.
The settlement with the states includes $630 million to compensate U.S. consumers funneled into a payment processing system that state attorneys general alleged drove up the prices for digital transactions within apps downloaded from the Play Store. That store caters to the Android software that powers most of the world’s smartphones.
Like Apple does in its iPhone app store, Google collects commissions ranging from 15% to 30% on in-app purchases — fees that state attorneys general contended drove prices higher than they would have been had there been an open market for payment processing. Those commissions generated billions of dollars in profit annually for Google, according to evidence presented in the recent trial focused on its Play Store.
Eligible consumers will receive at least $2, according to the settlement, and may get additional payments based on their spending on the Play store between Aug. 16, 2016 and Sept. 30, 2023. The estimated 102 million U.S. consumers who made in-app purchases during that time frame are supposed to be automatically notified about various options for how they can receive their cut of the money.
Another $70 million of the pre-trial settlement will cover the penalties and other costs that Google is being forced to pay to the states.
Although Google is forking over a sizeable sum, it’s a fraction of the $10.5 billion in damages that the attorneys general estimated the company could be forced to pay if they had taken the case to trial instead of settling.
Google also agreed to make other changes designed to make it even easier for consumers to download and install Android apps from other outlets besides its Play Store for the next five years. It will refrain from issuing as many security warnings, or “scare screens,” when alternative choices are being used.
The makers of Android apps will also gain more flexibility to offer alternative payment choices to consumers instead of having transactions automatically processed through the Play Store and its commission system. Apps will also be able to promote lower prices available to consumers who choose an alternate to the Play Store’s payment processing.
Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-71627444452383045922023-12-10T09:12:00.000-08:002023-12-10T09:12:52.940-08:00Texas Supreme Court blocks Kate Cox's emergency abortion approvalThe Texas Supreme Court on Friday night put on hold a judge’s ruling that approved an abortion for a pregnant woman whose fetus has a fatal diagnosis, throwing into limbo an unprecedented challenge to one of the most restrictive bans in the U.S.
The order by the all-Republican court came more than 30 hours after Kate Cox, a 31-year-old mother of two from the Dallas area, received a temporary restraining order from a lower court judge that prevents Texas from enforcing the state’s ban in her case.
In a one-page order, the court said it was temporarily staying Thursday’s ruling “without regard to the merits.” The case is still pending.
“While we still hope that the Court ultimately rejects the state’s request and does so quickly, in this case we fear that justice delayed will be justice denied,” said Molly Duane, an attorney at the Center for Reproductive Rights, which is representing Cox.
Cox’s attorneys have said they will not share her abortion plans, citing concerns for her safety. In a filing with the Texas Supreme Court on Friday, her attorneys indicated she was still pregnant.
Cox was 20 weeks pregnant this week when she filed what is believed to be the first lawsuit of its kind since the landmark U.S. Supreme Court ruling last year that overturned Roe v. Wade. The order issued Thursday only applied to Cox and no other pregnant Texas women.
Cox learned she was pregnant for a third time in August and was told weeks later that her baby was at a high risk for a condition known as trisomy 18, which has a very high likelihood of miscarriage or stillbirth and low survival rates, according to her lawsuit.
Furthermore, doctors have told Cox that if the baby’s heartbeat were to stop, inducing labor would carry a risk of a uterine rupture because of her two prior cesareans sections, and that another C-section at full term would would endanger her ability to carry another child.
Republican Texas Attorney General Ken Paxton argued that Cox does not meet the criteria for a medical exception to the state’s abortion ban, and he urged the state’s highest court to act swiftly.
“Future criminal and civil proceedings cannot restore the life that is lost if Plaintiffs or their agents proceed to perform and procure an abortion in violation of Texas law,” Paxton’s office told the court. Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-59134185739723018562023-12-01T14:08:00.000-08:002023-12-01T14:08:43.228-08:00A conservative attack on government regulation reaches the Supreme CourtThe Supreme Court is hearing arguments in a challenge to the Securities and Exchange Commission’s ability to fight fraud, part of a broad attack on regulatory agencies led by conservative and business interests.
The case before the justices Wednesday involves the Biden administration’s appeal of a lower-court ruling that threw out stiff financial penalties imposed on hedge fund manager George R. Jarkesy by the SEC.
The high court’s decision could have far-reaching effects on the SEC and other regulatory agencies, and it’s just one of several cases this term that could constrict federal regulators. The court’s conservative majority has already reined them in, including in last May’s decision sharply limiting their ability to police water pollution in wetlands.
Last year, a divided panel of the New Orleans-based 5th U.S. Circuit Court of Appeals ruled in favor of Jarkesy and his Patriot28 investment adviser group on three separate issues.
It found that the SEC’s case against him, resulting in a $300,000 civil fine and the repayment of $680,000 in allegedly ill-gotten gains, should have been heard in a federal court instead of before one of the SEC’s administrative law judges.
The panel also said Congress unconstitutionally granted the SEC “unfettered authority” to decide whether the case should be tried in a court of law or handled within the executive branch agency. And it said laws shielding the commission’s administrative law judges from being fired by the president are unconstitutional.
Judge Jennifer Walker Elrod wrote the appellate opinion, joined by Judge Andrew Oldham. Elrod was appointed by former President George W. Bush, and Oldham by former President Donald Trump.
Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-45029756061598470652023-11-16T12:57:00.000-08:002023-11-16T12:57:03.916-08:00Russian court fines Google for failing to store personal data on its usersA Moscow court on Tuesday fined Google for failing to store personal data on its Russian users, the latest in a series of fines on the U.S. tech giant amid tensions between the Kremlin and the West over the fighting in Ukraine.
A magistrate at Moscow’s Tagansky district court fined Google 15 million rubles (about $164,200) after the company repeatedly refused to store personal data on Russian citizens inside the country. Google was previously fined over the same charges in August 2021 and June 2022. The company declined to comment.
Google also was ordered to pay a 3 million ruble (about $32,800) fine in August for failing to delete allegedly false information about the conflict in Ukraine.
Russia can do little to collect the fine, however, as Google’s Russia business was effectively shut down last year after Moscow sent troops into Ukraine. The company has said it filed for bankruptcy in Russia after its bank account was seized by the authorities, leaving it unable to pay staff and suppliers.
Russian courts also have fined Apple and the Wikimedia Foundation, which hosts Wikipedia.
Since sending troops into Ukraine in February 2022, Russian authorities have taken measures to stifle any criticism of the military campaign.
Some critics have received severe punishments. Opposition figure Vladimir Kara-Murza was sentenced this year to 25 years in prison for treason stemming from speeches he made against Russia’s actions in Ukraine.
Sasha Skochilenko, an artist and musician from St. Petersburg, is on trial on charges of spreading false information about the military for replacing supermarket price tags with protest slogans. Prosecutors have asked for an eight-year prison sentence for her. Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-49889858408412451612023-11-05T12:54:00.001-08:002023-11-05T12:54:03.658-08:00Appeals courts temporarily lifts Donald Trump’s gag orderA federal appeals court temporarily lifted a gag order on Donald Trump in his 2020 election interference case in Washington on Friday — the latest twist in the legal fight over the restrictions on the former president’s speech.
The U.S. Court of Appeals for the D.C. Circuit decision puts a hold on the limited gag order to give the judges time to consider Trump’s request for a longer pause on the restrictions while his appeals play out. The appeals court said the temporary pause “should not be construed in any way as a ruling on the merits” of Trump’s bid.
The court set oral arguments for Nov. 20 before a panel of three judges — all appointees of Democratic presidents. The gag order, imposed by U.S. District Judge Tanya Chutkan, bars Trump from making public statements targeting prosecutors, court staff and potential witnesses in the case accusing him of conspiring to overturn the 2020 election he lost to President Joe Biden. It still allows the former president to assert his innocence and his claims that the case against him is politically motivated.
Chutkan, who was appointed to the bench by former President Barack Obama reimposed the gag order on Sunday, after prosecutors pointed to Trump’s recent social media comments about his former chief of staff Mark Meadows.
It’s the most serious restriction a court has put on the speech of the GOP presidential primary frontrunner and criminal defendant in four separate cases. Gag orders are not unheard of in high-profile cases, but courts have never had to wrestle before with whether they can curtail the speech of a presidential candidate.
Special counsel Jack Smith’s team has said Trump’s inflammatory rhetoric about those involved in the case threatens to undermine public confidence in the judicial system and influence potential witnesses who could be called to testify. Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-8803375688028886642023-10-20T09:28:00.002-07:002023-10-20T09:28:23.446-07:00Federal Judge rules California assault weapons ban unconstitutionalA federal judge who previously overturned California’s three-decade-old ban on assault weapons did it again on Thursday, ruling that the state’s attempts to prohibit sales of semiautomatic guns violates the constitutional right to bear arms.
U.S. District Judge Roger Benitez of San Diego conceded that powerful weapons like AR-15 rifles are commonly used by criminals, but said the guns are importantly also owned by people who obey the law and feel they need firearms to protect themselves.
“The State of California posits that its ‘assault weapon’ ban, the law challenged here, promotes an important public interest of disarming some mass shooters even though it makes criminals of law-abiding residents who insist on acquiring these firearms for self-defense,” Benitez wrote. “Nevertheless, more than that is required to uphold a ban.”
The judge’s ruling is nearly identical to a 2021 decision in which he called California’s ban on assault weapons a “failed experiment.” Benitez has has repeatedly struck down multiple California firearms laws. Just last month, he ruled the state cannot ban gun owners from having detachable magazines that hold more than 10 rounds.
Benitez’s latest decision would overturn multiple state statutes related to assault weapons. The judge gave the state 10 days to seek a stay on the ruling as part of an appeal to the U.S. 9th Circuit Court of Appeals.
California Attorney General Rob Bonta said his office had already filed a notice of appeal.
“Weapons of war have no place on California’s streets,” Bonta said in a statement Thursday. “This has been state law in California for decades, and we will continue to fight for our authority to keep our citizens safe from firearms that cause mass casualties. In the meantime, assault weapons remain unlawful for purchase, transfer, or possession in California.”
John Dillon, an attorney for the plaintiffs who sued to overturn the law, cheered the judge’s ruling. Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-5550122513246794332023-10-10T17:50:00.002-07:002023-10-10T17:50:35.564-07:00Biden’s second try at student loan cancellation moves forward with debatePresident Joe Biden’s second attempt at student loan cancellation began moving forward Tuesday with a round of hearings to negotiate the details of a new plan.
In a process known as negotiated rulemaking, 14 people chosen by the Biden administration are meeting for the first of three hearings on student loan relief. Their goal is to guide the Education Department toward a proposal after the Supreme Court rejected Biden’s first plan in June.
The negotiators all come from outside the federal government and represent a range of viewpoints on student loans. The panel includes students and officials from a range of colleges, along with loan servicers, state officials and advocates including the NAACP.
In opening remarks, Under Secretary of Education James Kvaal said the student debt crisis has threatened to undercut the promise of higher education.
“Student loan debt in this country has grown so large that it siphons off the benefits of college for many students,” Kvaal said in prepared remarks. “Some loans made to young adults stretch into retirement with no hope of being repaid. These debt burdens are shared by families and communities.”
Biden directed the Education Department to find another path to loan relief after the conservative court ruled that he couldn’t cancel loans using a 2003 law called the HEROES Act.
The latest attempt will rest on a sweeping law known as the Higher Education Act, which gives the education secretary authority to waive student loans — although how far that power extends is the subject of legal debate. The department is going through the negotiated rulemaking process to change or add federal rules clarifying how the secretary can cancel debt.
Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-77126682299379074062023-09-27T08:44:00.002-07:002023-09-27T08:44:22.504-07:00Democratic Sen. Menendez says cash found in home was not bribe proceedsDemocratic U.S. Sen. Bob Menendez of New Jersey defiantly pushed back against federal corruption charges on Monday, saying nearly half a million dollars in cash authorities found in his home was from his personal savings, not from bribes, and was on hand for emergencies.
Rejecting rising calls for him to resign, the influential chairman of the Senate Foreign Relations Committee said he believed he’d be cleared of charges that he took cash and gold in illegal exchange for helping Egypt and New Jersey business associates.
“I recognize this will be the biggest fight yet, but as I have stated throughout this whole process, I firmly believe that when all the facts are presented, not only will I be exonerated, but I still will be New Jersey’s senior senator,” Menendez said at Hudson County Community College’s campus in Union City, where he grew up. He did not respond to questions and did not say whether he would seek reelection next year.
Addressing allegations in the indictment unsealed Friday that authorities found cash stuffed in envelopes and clothing at his home, Menendez said that stemmed from his parents’ fear of confiscation of funds from their time in Cuba.
“This may seem old fashioned, but these were monies drawn from my personal savings account based on the income that I have lawfully derived over those 30 years,” he said.
Authorities recovered about 10 envelopes with tens of thousands of dollars in cash that had the fingerprints of one of the other defendants in the case on them, according to the indictment.
Menendez also addressed his relationship with Egypt, which plays a central role in the indictment against him, suggesting he’s been tough on the country over its detention of Americans and other “human rights abuses.”
“If you look at my actions related to Egypt during the period described in this indictment and throughout my whole career, my record is clear and consistent in holding Egypt accountable,” he said.
Prosecutors say he met with Egyptian military and intelligence officials, passed along non-public information about employees at the U.S. Embassy in Cairo and ghostwrote a letter on behalf of Egypt asking his Senate colleagues to release a hold on $300 million worth of aid. He did not directly address those allegations Monday.
The state’s Democratic leadership, including Gov. Phil Murphy, the state party chairmen and leaders of the Legislature, along with some of Menendez’s congressional colleagues, are calling on him to resign.
In Washington, however, where his party holds a bare Senate majority, some of Menendez’s Democratic colleagues have stopped short of urging him to give up his seat, notably Majority Leader Chuck Schumer of New York, and Majority Whip Dick Durbin of Illinois.
Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-86675638884038230252023-09-17T12:15:00.003-07:002023-09-17T12:15:16.674-07:00A Supreme Court redistricting ruling gave hope to Black votersThe Supreme Court’s decision siding with Black voters in an Alabama redistricting case gave Democrats and voting rights activists a surprising opportunity before the 2024 elections.
New congressional maps would have to include more districts in Alabama and potentially other states where Black voters would have a better chance of electing someone of their choice, a decision widely seen as benefiting Democrats.
It’s been more than three months since the justice’s 5-4 ruling, and maps that could produce more districts represented by Black lawmakers still do not exist.
Alabama Republicans are hoping to get a fresh hearing on the issue before the Supreme Court. Republican lawmakers in Louisiana never even bothered to draw a new map.
Khadidah Stone, a plaintiff in the Alabama case, said the continuing opposition was “appalling” but “not surprising.” She noted that Alabama is where then-Gov. George Wallace blocked Black students from integrating the University of Alabama in 1963.
“There is a long history there of disobeying court orders to deny Black people our rights,” she said.
A similar dynamic is playing out in Florida, where Republicans are appealing a ruling favorable to Black voters to the Republican-majority state Supreme Court.
Lawsuits over racially gerrymandered congressional maps in several other states, including Georgia, South Carolina and Texas, quickly followed the Supreme Court’s landmark Voting Rights Act decision in June. But the continued pushback from Republican legislatures in control of redistricting means there is great uncertainty about whether –- or how soon -– new maps offering equal representation for Black voters will be drawn. Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-48738046503961922012023-09-12T13:10:00.002-07:002023-09-12T13:10:19.862-07:00McCarthy juggles a government shutdown and a Biden impeachment inquiryHouse Speaker Kevin McCarthy is a man who stays in motion — enthusiastically greeting tourists at the Capitol, dashing overseas last week to the G7 summit of industrial world leaders, and raising funds back home to elect fellow Republicans to the House majority.
But beneath the whirlwind of activity is a stubborn standstill, an imbalance of power between the far-right Republicans who hoisted McCarthy to the speaker’s role yet threaten his own ability to lead the House.
It’s a political standoff that will be tested anew as the House returns this week from a long summer recess and McCarthy faces a collision course of difficult challenges — seeking to avoid a government shutdown, support Ukraine in the war and launch an impeachment inquiry into President Joe Biden.
“They’ve got some really heavy lifting ahead,” said the No. 2 Republican in the Senate, John Thune, of South Dakota.
McCarthy, of California, is going to “have his hands full trying to figure out how to navigate and execute,” he said.
Congress has been here before, as has McCarthy in his nearly two decades in office, but the stakes are ever higher, with Republicans powered by an increasingly hard-right faction that is refusing to allow business as usual in Washington.
With former President Donald Trump’s backing, McCarthy’s right-flank pushed him into the speaker’s office at the start of the year only after he agreed to a long list of conservative demands — including the ability to call a quick vote to “vacate the chair” and remove him from office.
That threat of an abrupt ouster hovers over McCarthy’s every move, especially now.
To start, Congress faces a deadline to fund the government by the end of the month, or risk a potentially devastating federal shutdown. There are just 11 working days for Congress to act once the House resumes Tuesday.
McCarthy and his team are pitching lawmakers on a stopgap funding bill, through Nov. 1, to keep the government running under a 30-day continuing resolution, or CR, according to a leadership aide granted anonymity to discuss the private talks.
But as McCarthy convenes lawmakers for a private huddle, even the temporary funding is expected to run into opposition from his right flank.
Facing a backlash from conservatives who want to slash government funding, McCarthy may be able to ease the way by turning to another hard-right priority, launching a Biden impeachment inquiry over the business dealings of the president’s son, Hunter Biden. Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-47343133281369072952023-08-22T09:56:00.002-07:002023-08-22T09:56:11.229-07:00Some states reject federal money to find and replace dangerous lead pipesAs the Biden administration makes billions of dollars available to remove millions of dangerous lead pipes that can contaminate drinking water and damage brain development in children, some states are turning down funds.
Washington, Oregon, Maine and Alaska declined all or most of their federal funds in the first of five years that the mix of grants and loans is available, The Associated Press found. Some states are less prepared to pay for lead removal projects because, in many cases, the lead must first be found, experts said. And communities are hesitant to take out loans to search for their lead pipes.
States shouldn’t “shrug their shoulders” and pass up funds, said Erik Olson, a health and food expert at the environmental group Natural Resources Defense Council. “It’s troubling that a state would decide to take a complete pass on the funding because part of the reason for the funding is to figure out whether you even have lead,” Olson said.
The Biden administration wants to remove all 9.2 million lead pipes carrying water to U.S. homes. Lead can lower IQ and create behavioral problems in children. The 2021 infrastructure law provides $15 billion to find and replace them. That money will help a lot, but it isn’t enough to get all the toxic pipes out of the ground. State programs distribute the federal funds to utilities.
The Environmental Protection Agency said it is reviewing state requests to decline funds but did not provide a full list of states that have said no so far. That information will be available in October, officials said. States that declined first-year funds can still accept them during the remaining four years.
“EPA has been working closely with our state partners on utilizing Bipartisan Infrastructure Law funding that is available,” the agency said. Lead pipes are far more common in some states such as Michigan and Illinois, which each have hundreds of thousands. The harm there is clear. Flint’s lead crisis elevated lead in tap water to a national health issue. Residents of Benton Harbor, Michigan, drank water with too much lead for years until all their lead pipes were replaced. In response, however, Michigan is clamoring for as much money as it can get to remove lead.
The states that declined funds have fewer problematic pipes, but that doesn’t mean lead isn’t an issue. There’s concern about lead in some Maine schools. Portland, Oregon, has struggled with high lead levels for years, although recent tests have been better and officials say the issue isn’t lead pipes, but household plumbing.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-18021491392237539572023-08-07T10:08:00.002-07:002023-08-07T10:08:38.040-07:00Biden goes west to talk about his efforts to combat climate changePresident Joe Biden will travel to Arizona, New Mexico and Utah next week and is expected to talk about his administration’s efforts to combat climate change as the region endures a brutally hot summer with soaring temperatures, the White House said Monday.
Biden is expected to discuss the Inflation Reduction Act, America’s most significant response to climate change, and the push toward more clean energy manufacturing. The act aims to spur clean energy on a scale that will bend the arc of U.S. greenhouse gas emissions.
July has been the hottest month ever recorded. Biden last week announced new steps to protect workers in extreme heat, including measures to improve weather forecasts and make drinking water more accessible.
Members of Biden’s administration also are fanning out over the next few weeks around the anniversary of the landmark climate change and health care legislation to extol the administration’s successes as the Democratic president seeks reelection in 2024.
Vice President Kamala Harris heads to Wisconsin this week with Commerce Secretary Gina Raimondo to talk about broadband infrastructure investments. Secretary of Agriculture Tom Vilsack goes to Oregon to highlight wildfire defense grants, Transportation Secretary Pete Buttigieg will go to Illinois and Texas, and Secretary of Education Miguel Cardona heads to Maryland to talk about career and technical education programs.
The Inflation Reduction Act included roughly $375 billion over a decade to combat climate change and capped the cost of a month’s supply of insulin at $35 for older Americans and other Medicare beneficiaries. It also helps an estimated 13 million Americans pay for health care insurance by extending subsidies provided during the coronavirus pandemic.
The measure is paid for by new taxes on large companies and stepped-up IRS enforcement of wealthy individuals and entities, with additional funds going to reduce the federal deficit.
Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-47143684588042953382023-08-02T12:25:00.001-07:002023-08-02T12:25:06.017-07:00Bankruptcy Filings Rise 10%, and Courts Feel the PinchPersonal and business bankruptcy filings rose 10 percent in the twelve-month period ending June 30, 2023, compared with the previous year. Bankruptcy totals are reported four times annually by the U.S. government.
According to statistics released by the Administrative Office of the U.S. Courts, annual bankruptcy filings totaled 418,724 in the year ending June 2023, compared with 380,634 cases in the previous year.
Business filings rose 23.3 percent, from 12,748 to 15,724 in the year ending June 30, 2023. Non-business bankruptcy filings rose 9.5 percent to 403,000, compared with 367,886 in the previous year.
On a broader scale, according to the newest statistics released by the Administrative Office of the U.S. Courts, annual bankruptcy filings totaled 418,724 in the year ending June 2023, compared with 380,634 cases in the previous year.
Bankruptcy totals for the previous 12 months are reported four times annually. Filings over any 12-month period have increased only rarely since filings peaked in 2010. Bankruptcies fell sharply after the pandemic began in early 2020, despite some early COVID-related disruptions to the economy.
Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-65683470305627906152023-07-25T09:46:00.003-07:002023-07-25T09:46:36.386-07:00US climate law is already turbocharging clean energy technologyOn a recent day under the July sun, three men heaved solar panels onto the roof of a roomy, two-story house near the banks of the Kentucky River, a few miles upstream from the state capitol where lawmakers have promoted coal for more than a century.
The U.S. climate law that passed one year ago offers a 30% discount off this installation via a tax credit, and that’s helping push clean energy even into places where coal still provides cheap electricity. For Heather Baggett’s family in Frankfort, it was a good deal.
“For us, it’s not politically motivated,” said Baggett. “It really came down to financially, it made sense.”
On August 16, after the hottest June ever recorded and a scorching July, America’s long-sought response to climate change, the Inflation Reduction Act, turns one year old. In less than a year it has prompted investment in a massive buildout of battery and EV manufacturing across the states.
Nearly 80 major clean energy manufacturing facilities have been announced, an investment equal to the previous seven years combined, according to the American Clean Power Association.
“It seems like every week there’s a new factory facility somewhere” being announced, said Jesse Jenkins, a professor at Princeton and leader of the REPEAT Project which has been deeply involved in analysis of the law.
The IRA is America’s most significant response to climate change, after decades of lobbying by oil, gas and coal interests stalled action, while carbon emissions climbed, creating a hotter, more dangerous world. It is designed to spur clean energy buildout on a scale that will bend the arc of U.S. greenhouse gas emissions. It also aims to build domestic supply chains to reverse China’s and other nations’ early domination of this vital sector.
One target of the law is cleaner transportation, the largest source of climate pollution for the U.S. Siemens, one of the biggest tech companies in the world, produces charging stations for EVs. Executives say this alignment of U.S. policy on climate is driving higher demand for batteries.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-22839129282414120252023-07-13T10:34:00.002-07:002023-07-13T10:34:28.393-07:00Amazon pushes back against Europe’s pioneering new digital rulesAmazon is disputing its status as a big online platform that needs to face stricter scrutiny under European Union digital rules taking effect next month, the first Silicon Valley tech giant to push back on the pioneering new standards.
The online retailer filed a legal challenge with a top European Union court, arguing it’s being treated unfairly by being designated a “very large online platform” under the 27-nation bloc’s sweeping Digital Services Act.
Amazon, whose filing to the European General Court was made available Tuesday, is the second company to protest the classification. German online retailer Zalando filed a legal claim two weeks ago with a similar argument.
The Digital Services Act imposes new obligations on the biggest tech companies to keep users safe from illegal content and dodgy products, with violations punishable by potentially billions in fines or even a ban on operating in the EU.
The rules, which will take effect on Aug. 25, are expected to help Europe maintain its place as standard setter in global efforts to rein in the power of social media companies and other digital platforms.
Seattle-based Amazon is one of 19 companies classed as the largest online platforms and search engines under the DSA, which means they will have to better police their services to protect European users from hate speech, disinformation and other harmful online content.
The European Commission, the EU’s executive arm, declined to comment directly on the case, saying it would defend its position in court. Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-991167534607120582023-07-02T19:12:00.003-07:002023-07-02T19:12:16.175-07:00Judge allows North Carolina’s revised 12-week abortion law to take effectA federal judge ruled on Friday that nearly all of North Carolina’s revised 12-week abortion law scheduled to begin this weekend can take effect, while temporarily blocking one rule that doctors feared could expose them to criminal penalties.
The decision by U.S. District Judge Catherine Eagles sets aside that rule but allows the law’s remaining provisions to begin on Saturday while litigation continues.
Abortion providers had last week requested a blanket order halting all of the July 1 restrictions pending their court challenge. Planned Parenthood South Atlantic and a physician said several sections in the newly revised law were so vague and seemingly contradictory that doctors could unintentionally break the law, leaving them unable to care for women seeking legal abortions.
But the Republican-controlled General Assembly passed legislation this week revising or repealing nearly all of the challenged provisions, making arguments against most of them moot. Among other things, the lawmakers clarified that medication abortions will be legal in nearly all cases through 12 weeks, and that a lawful abortion remains an exception to North Carolina’s fetal homicide statute.
Eagles, who was nominated by former President Barack Obama, had said in court that it would be overly broad to block enforcement of the entire law. Instead, she directed that for at least the next two weeks, the state cannot enforce a rule saying doctors must document the existence of a pregnancy within the uterus before conducting a medication abortion.
The abortion providers’ lawyers argued that the language raised questions about whether abortion pills can be dispensed when it’s too early in a pregnancy to locate an embryo using an ultrasound — subjecting a provider to potentially violating the law.
Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-2916780086613905313.post-15622488727486823552023-06-28T10:15:00.002-07:002023-06-28T10:15:53.459-07:00Court sides with Jack Daniel’s in dispute with makers of dog toyThe Supreme Court on Thursday gave whiskey maker Jack Daniel’s reason to raise a glass, handing the company a new chance to win a trademark dispute with the makers of the Bad Spaniels dog toy.
In announcing the decision for a unanimous court, Justice Elena Kagan was in an unusually playful mood. At one point while reading a summary of the opinion in the courtroom Kagan held up the toy, which squeaks and mimics the whiskey’s signature bottle.
Kagan said a lower court’s reasoning was flawed when it ruled for the makers of the rubber chew toy. The court did not decide whether the toy’s maker had violated trademark law but instead sent the case back for further review.
“This case is about dog toys and whiskey, two items seldom appearing in the same sentence,” Kagan wrote in an opinion for the court. At another point, Kagan asked readers to “Recall what the bottle looks like (or better yet, retrieve a bottle from wherever you keep liquor; it’s probably there)” before inserting a color picture of it.
Arizona-based VIP Products has been selling its Bad Spaniels toy since 2014. It’s part of the company’s Silly Squeakers line of chew toys that mimic liquor, beer, wine and soda bottles. They include Mountain Drool, which parodies Mountain Dew, and Heini Sniff’n, which parodies Heineken beer.
While Jack Daniel’s bottles have the words “Old No. 7 brand” and “Tennessee Sour Mash Whiskey,” the toy proclaims: “The Old No. 2 on Your Tennessee Carpet.” The original bottle notes it is 40% alcohol by volume. The parody features a dog’s face and says it’s “43% Poo by Vol.” and “100% Smelly.”
The packaging of the toy, which retails for around $20, notes in small font: “This product is not affiliated with Jack Daniel Distillery.”
Jack Daniel’s, based in Lynchburg, Tennessee, wasn’t amused. Its lawyers argued that the toy misleads customers, profits “from Jack Daniel’s hard-earned goodwill” and associates its “whiskey with excrement.”
At the center of the case is the Lanham Act, the country’s core federal trademark law. It prohibits using a trademark in a way “likely to cause confusion ... as to the origin, sponsorship, or approval of ... goods.”
A lower court never got to the issue of consumer confusion, however, because it said the toy was an “expressive work” communicating a humorous message and therefore needed to be evaluated under a different test. Kagan said that was a mistake and that “the only question in this case going forward is whether the Bad Spaniels marks are likely to cause confusion.”
Kagan also said a lower court erred in its analysis of Jack Daniel’s claim against the toy company for linking “its whiskey to less savory substances.”
The opinion was one of four the court issued Thursday, including a 5-4 ruling in favor of Black voters in Alabama in a congressional redistricting case. The case had been closely watched for its potential to weaken the landmark Voting Rights Act.
The case is Jack Daniel’s Properties, Inc. v. VIP Products LLC, 22-148.Unknownnoreply@blogger.com0