Tag: United States News

  • Colorado baker loses appeal over transgender birthday cake

    Colorado baker loses appeal over transgender birthday cake

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    Relying on the findings of a Denver judge in a 2021 trial in the dispute, the appeals court said Phillips’ shop initially agreed to make the cake but then refused after Scardina explained that she was going to use it to celebrate her transition from male to female.

    “We conclude that creating a pink cake with blue frosting is not inherently expressive and any message or symbolism it provides to an observer would not be attributed to the baker,” said the court, which also rejected procedural arguments from Phillips.

    Phillips, who is represented by Alliance Defending Freedom, maintains that the cakes he creates are a form of speech and plans to appeal.

    “One need not agree with Jack’s views to agree that all Americans should be free to say what they believe, even if the government disagrees with those beliefs,” ADF senior counsel Jake Warner said in a statement.

    John McHugh, one of the lawyers who represent Scardina, said the court looked carefully at all the arguments and evidence from the trial.

    “They just object to the idea of Ms. Scardina wanting a birthday cake that reflects her status as a transgender woman because they object to the existence of transgender people,” he said of Phillips and his shop.

    In 2018, the U.S. Supreme Court ruled that the Colorado Civil Rights Commission had acted with anti-religious bias in enforcing the anti-discrimination law against Phillips after he refused to bake a cake celebrating the wedding of Charlie Craig and Dave Mullins in 2012. The justices called the commission unfairly dismissive of Phillips’ religious beliefs.

    The high court did not rule then on the larger issue of whether a business can invoke religious objections to refuse service to LGBTQ people, but it has another chance to do so.

    Last year it heard another case challenging Colorado’s anti-discrimination law, brought by a Christian graphic artist who does not want to design wedding websites for same-sex couples. Lorie Smith, who is also represented by ADF, claims the law violates her freedom of speech.

    Scardina, an attorney, attempted to order her cake on the same day in 2017 that the Supreme Court announced it would hear Phillips’ appeal in the wedding cake case. During trial, she testified that she wanted to “challenge the veracity” of Phillips’ statements that he would serve LGBTQ customers.

    Before filing her lawsuit, Scardina first filed a complaint against Phillips with the state and the civil rights commission, which found probable cause that he had discriminated against her.

    Phillips then filed a federal lawsuit against Colorado, accusing it of a “crusade to crush” him by pursuing the complaint.

    In March 2019, lawyers for the state and Phillips agreed to drop both cases under a settlement Scardina was not involved in. She pursued the lawsuit against Phillips and Masterpiece on her own.

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    ( With inputs from : www.politico.com )

  • Musk wishes McCarthy happy birthday, and talks Twitter too

    Musk wishes McCarthy happy birthday, and talks Twitter too

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    Elon Musk stopped by the Capitol on Thursday, popping into House Speaker Kevin McCarthy’s office to wish him happy birthday — and to talk about Washington’s favorite social media platform.

    The former richest man in the world — and frequent sparring partner with Democrats on Twitter — met with McCarthy and Minority Leader Hakeem Jeffries, tweeting that they talked about “ensuring that this platform is fair to both parties.” It was apparently Musk’s first visit to the Capitol in the 118th Congress, but he managed to maneuver his way through the complex without answering any questions from reporters.

    After a reporter tweeted out an initial Musk sighting, a gaggle of journalists descended on the speaker’s office around 4:30 p.m. About 30 minutes later, McCarthy emerged, telling reporters that Musk came by to wish him happy birthday (the California lawmaker’s birthday is in fact today) and that they had been friends for a long time.



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    ( With inputs from : www.politico.com )

  • Capitol Police boost security preparations ahead of Tyre Nichols footage release

    Capitol Police boost security preparations ahead of Tyre Nichols footage release

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    Five Memphis police officers were charged with murder and other crimes Thursday related to the death of Nichols, who died on Jan. 10. Nichols, who is Black, was stopped by police on Jan. 7. The officers, all of them also Black, were fired by the department last week.

    Officials are expected to release video footage from the beating on Friday, though it’s not yet clear how extensive the disclosure will be.

    Rep. Steve Cohen (D-Tenn.), who represents Memphis, discussed the potential for protests on the floor Thursday, urging “peaceful” demonstrations.

    “It could be a situation where people want to exercise their First Amendment rights to protest actions of the police department, and people should. But they should be peaceful and calm … I pray for my city,” Cohen said in a floor speech on Thursday.

    D.C. police said they are also “fully activating” the force on Friday in preparation for possible protests. The House is expected to be in session for several hours Friday as they complete consideration of an energy bill related to drilling on public lands. The Senate will be out of session.

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    ( With inputs from : www.politico.com )

  • Biden at Lunar New Year celebration: ‘Silence is complicity’

    Biden at Lunar New Year celebration: ‘Silence is complicity’

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    The president said he asked Rep. Judy Chu (D-Calif.), chair of the Congressional Asian Pacific American Caucus, whether he should go to California or host the celebration at the White House.

    “She felt very strongly. She said, ‘We have to move forward,’” Biden said. Chu told Biden to “stand in solidarity and in the spirit of toughness that this holiday is all about,” he added.

    Chu was previously on the Monterey Park City Council, and she served as mayor three times. She was among members of Congress who wanted to attend the White House’s celebration but had votes on the Hill, Biden said.

    Biden also recounted his conversation with Brandon Tsay, the man who disarmed the Monterey Park gunman in a physical altercation in nearby Alhambra after the shooting, which left 11 people dead and several others wounded. (The gunman later killed himself.) Tsay told Biden he thought he was going to die but acted to protect others, the president said.

    “Sometimes we underestimate these incredible acts of courage — someone shooting has a semi-automatic pistol aimed at you, and you think about others. That’s pretty profound,” Biden said.

    The president said that he’d been in contact with California Gov. Gavin Newsom this week. The state suffered other high-profile, deadly mass shootings since Saturday night, when the shooting happened in Monterey Park: two related shootings in Half Moon Bay that killed a total of seven people, and an additional shooting in Oakland that left one person dead.

    Vice President Kamala Harris traveled to Monterey Park on Wednesday to mourn the victims.

    Biden on Thursday thanked first responders, and he asked the nation to support the communities involved in the shootings.

    “These are tight-knit communities, as you all know,” Biden said. “They’ll be affected by what they saw — and what they lost — for the rest of their lives.”

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    ( With inputs from : www.politico.com )

  • Capitol Police officers to attend sentencing of man who maced Sicknick on Jan. 6

    Capitol Police officers to attend sentencing of man who maced Sicknick on Jan. 6

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    The family wrote a series of pained and impassioned letters to the court urging a harsh sentence for Khater. It wasn’t immediately clear whether members of Sicknick’s family would also attend the sentencing hearing.

    Prosecutors echoed their sentiment, agreeing that Khater bore responsibility for Sicknick’s death and urging Hogan to impose a 90-month sentence.

    “While Julian Khater’s spray assault on Officer Sicknick ultimately was not determined to be the direct cause of his death,” Assistant U.S. Attorney Gilead Light wrote in a 30-page sentencing memo, “Officer Sicknick’s tragic demise, so close in time to the traumatic events of that day, underscores the seriousness of the offense committed by Khater and his fellow rioters.”

    Khater’s attack became a significant flashpoint in the Jan. 6 riot. In addition to spraying Sicknick, he sprayed Caroline Edwards, a Capitol Police officer who had already been injured during the initial breach of police lines that afternoon. Edwards was a witness at the Jan. 6 select committee’s first public hearing and described the horrors she witnessed as a mob of then-President Donald Trump’s supporters surged past police lines and into the Capitol.

    The sentencing hearing is sure to be wrenching, a stark reminder of the real-world pain caused by the Jan. 6 attack. While many Capitol Police officers have taken the trek to the courthouse to testify in Jan. 6 trials or make victim impact statements in cases in which they were personally scarred by the actions of a particular defendant, Friday’s hearing appears to be the first organized, collective action by a large swath of the department in support of a fallen officer.

    Other Capitol Police and Metropolitan Police Department officers died subsequent to the events of Jan. 6, including at least two by suicide. One member of the mob, Ashli Babbitt, was shot and killed by a Capitol Police officer as she tried to breach the House chamber. Several others in the crowd that day died amid the chaos.

    Khater’s family has pleaded with Hogan for leniency.

    “I am not excusing his actions, your Honor, only pleading for a second chance for Julian to truly live a life of service and repentance,” his mother, Eleanor Khater, wrote in a letter to the judge. “I place my son in your hands, in the desperate hope that you will show him compassion and leniency.”

    In a sentencing memo urging Hogan to give Khater a sentence of time-served — his 22 months of post-arrest detention — his attorneys Joseph Tacopina and Chad Seigel cited Khater’s anxiety disorder and a pervasive mob mentality as the root causes of his behavior.

    “A climate of mass hysteria, fueled by the dissemination of misinformation about the 2020 election, originating at the highest level, gave rise to a visceral powder keg waiting to ignite,” Tacopina and Seigel wrote. “And that is precisely what occurred.”

    The attorneys also described Khater’s pretrial detention as “extraordinarily harsh,” particularly amid restrictions imposed as a result of the Covid pandemic.

    Khater was born in New Jersey, but his father moved the family to war-torn Lebanon when he was 5, until 2006, when his family fled and returned to the United States. He agreed to attend Trump’s Jan. 6 rally when asked by a friend, George Tanios, to join him. Tanios has pleaded guilty to misdemeanor offenses stemming from the attack.

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    ( With inputs from : www.politico.com )

  • DA: 5 Memphis cops ‘all responsible’ for Tyre Nichols’ death

    DA: 5 Memphis cops ‘all responsible’ for Tyre Nichols’ death

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    Video of the Jan. 7 traffic stop will be released to the public sometime Friday evening, Mulroy said. Nichols’ family and their lawyers say the footage shows officers savagely beating the 29-year-old father and FedEx worker for three minutes.

    Nichols’ stepfather, Rodney Wells, told The Associated Press by phone that he and his wife, RowVaughn Wells, who is Nichols’ mother, discussed the second-degree murder charges and are “fine with it.” They had sought first-degree murder charges.

    “There’s other charges, so I’m all right with that,” he said.

    Earlier this week, Wells called for any protests that happen when the video is released to remain peaceful. He also said he is “ecstatic” that authorities moved quickly in the case.

    David Rausch, director of the Tennessee Bureau of Investigation, said during the news conference that he saw the video and found it “absolutely appalling.”

    “Let me be clear: What happened here does not at all reflect proper policing. This was wrong. This was criminal,” Rausch said.

    Court records showed that all five former officers — Tadarrius Bean, Demetrius Haley, Desmond Mills Jr., Emmitt Martin III and Justin Smith — were in custody.

    The records did not list attorneys for Smith, Bean or Haley. Martin’s lawyer, William Massey, confirmed that his client had turned himself in. He and Mills’ lawyer, Blake Ballin, said their clients would plead not guilty.

    “No one out there that night intended for Tyre Nichols to die,” Massey said.

    Both lawyers said they had not seen the video.

    “We are in the dark about many things, just like the general public is,” Ballin said.

    Second-degree murder is punishable by 15 to 60 years in prison under Tennessee law.

    The attorneys for Nichols’ family, Ben Crump and Antonio Romanucci, issued a statement saying that the charges offer “hope as we continue to push for justice for Tyre.”

    “This young man lost his life in a particularly disgusting manner that points to the desperate need for change and reform to ensure this violence stops occurring during low-threat procedures, like in this case, a traffic stop,” they wrote.

    The Rev. Al Sharpton, who founded and runs the National Action Network and will deliver the eulogy at Nichols’ funeral service next week, called the charges “a necessary step in delivering justice” for Nichols, who was an avid skateboarder and had a 4-year-old son.

    “There is no point to putting a body camera on a cop if you aren’t going to hold them accountable when the footage shows them relentlessly beating a man to death,” Sharpton said. “Firings are not enough. Indictments and arrests are not convictions. As we’ve done in the past … we will stand by this family until justice is done.”

    At the White House, President Joe Biden said Nichols’ family and the city of Memphis deserve “a swift, full and transparent investigation.”

    “Public trust is the foundation of public safety, and there are still too many places in America today where the bonds of trust are frayed or broken,” Biden said in a statement.

    The Memphis police chief has called the officers’ actions that night “heinous, reckless and inhumane.”

    “This is not just a professional failing. This is a failing of basic humanity toward another individual,” Memphis Police Director Cerelyn “CJ” Davis said in a video statement released late Wednesday on social media.

    Davis said the five officers found to be “directly responsible for the physical abuse of Mr. Nichols,” were fired last week, but other officers are still being investigated for violating department policy. In addition, she said “a complete and independent review” will be conducted of the department’s specialized units, without providing further details.

    Two fire department workers were also removed from duty over the Nichols’ arrest.

    As state and federal investigations continue, Davis promised the police department’s “full and complete cooperation” to determine what contributed to Nichols’ Jan. 10 death.

    Mulroy told The Associated Press on Tuesday that local and state investigators wanted to complete as many interviews as possible before releasing the video. The timetable has rankled some activists who expected the video to be released after Nichols’ family and the family’s lawyers viewed it Monday.

    Crump said the video showed showed that Nichols was shocked, pepper-sprayed and restrained when he was pulled over for a traffic stop near his home. He was returning home from a suburban park where he had taken photos of the sunset.

    Police have said Nichols was stopped for reckless driving and at some point fled from the scene.

    The legal team likened the beating to the infamous 1991 police beating of Los Angeles motorist Rodney King.

    Relatives have accused the police of causing Nichols to have a heart attack and kidney failure. Authorities have only said Nichols experienced a medical emergency.

    When video of the arrest is publicly released, Davis said she expects people in the community to react, but she urged them to do so peacefully.

    “None of this is a calling card for inciting violence or destruction on our community or against our citizens,” she said.

    One of the officers, Haley, was accused previously of using excessive force. He was named as a defendant in a 2016 federal civil rights lawsuit while employed by the Shelby County Division of Corrections.

    The plaintiff, Cordarlrius Sledge, stated that he was in inmate in 2015 when Haley and another corrections officer accused him of flushing contraband. The two officers “hit me in the face with punches,” according to the complaint.

    A third officer then slammed his head to the ground, Sledge said. He lost consciousness and woke up in the facility’s medical center.

    The claims were ultimately dismissed after a judge ruled that Sledge had failed to file a grievance against the officers within 30 days of the incident.

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    ( With inputs from : www.politico.com )

  • DeSantis rolls out sweeping criminal justice package

    DeSantis rolls out sweeping criminal justice package

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    “One juror should not be able to veto that,” DeSantis said Thursday. “I don’t think justice was served.”

    DeSantis also wants lawmakers to crack down on colorful fentanyl pills that look like candy and are commonly referred to as “rainbow fentanyl.” His proposal would make it a first degree felony to possess, sell, or manufacture fentanyl that resembles candy. It would also make it a $1 million penalty for trafficking those pills to children. It’s the second year in the row DeSantis focused on fentanyl. Last year, he championed increased mandatory minimum sentences for fentanyl trafficking.

    Crafting policies that are tough on crime has been one of DeSantis’ hallmarks in recent years as he has risen through the ranks of the national Republican Party and eyes a likely 2024 presidential bid.

    In what amounts to a jab at mostly Democratic-run areas that have done away with cash bail, DeSantis also wants to limit who can be released prior to a first court appearance after being arrested. DeSantis wants to give judges more discretion over those decisions.

    “We have rejected in the state of Florida the idea you get rid of cash bail like they did in New York,” DeSantis said. “When the policy first went into effect…there was a woman that was arrested, released, and re-arrested four times in seven days.”

    DeSantis also wants to consider allowing the death penalty for child rapists and at least make sure they serve life in prison. He also wants to eliminate “gain time,” which offers reduced sentences for good behavior, for those convicted of attempted sexual misconduct or battery.

    Under his proposal, which is not yet a filed piece of legislation, law enforcement agencies would be required to report missing persons in the National Missing and Unidentified Persons System rather than just the Florida Crime Information Center and the National Crime Information Center. He also wants to set aside $5 million for strike forces he created last year to try and crack down on human trafficking and to seize illegal weapons.

    The proposal, once filled, would be another in a long line of high-profile proposals DeSantis has pitched focused on changing law enforcement.

    Last year, he also secured funding for $5,000 bonuses to attract police officers to move to Florida. Officers who come to Florida from another state or those who are native to Florida but have become police officers for the first time are eligible.

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    ( With inputs from : www.politico.com )

  • Trump unveils new education policy loaded with culture war proposals

    Trump unveils new education policy loaded with culture war proposals

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    “As the saying goes, personnel is policy and at the end of the day if we have pink-haired communists teaching our kids we have a major problem,” Trump said. “We’re at the end of the list on education and yet we spend the most, but we’re going to be tops in education no matter where you go anywhere in the world.”

    Though large swaths of education policy are dictated by state and local governments, Trump’s proposals still represent a radical departure from long-standing approaches. Taken in full, they represent an attempt by the former president to put his own imprint on debates around the nation’s school systems that have popped up across state capitals.

    Conservatives, for example, have pushed for restrictions on transgender athletes, even though transgender women have been allowed to compete in women’s categories in the Olympics since 2003 and the NCAA since 2010.

    Just days ago, meanwhile, Gov. Ron DeSantis (R-Fla.) — a potential 2024 competitor — blocked high schools in his state from teaching an Advanced Placement African American studies curriculum over what he described as the inclusion of topics like “queer theory” and movements that called for “abolishing prisons.”

    The White House and education groups, including the College Board, have pushed back aggressively on DeSantis, arguing that he has no basis or credibility to make such determinations. More broadly, school administrators and progressive activists have noted that most public school officials across the country do not teach critical race theory, even in districts where lawmakers are seeking to ban it.

    But Trump’s policy proposal underscores how primed Republicans are for these types of fights. During his time in office, the main thrust of Trump’s education platform was not so much on cultural elements as on a desire to expand school choice, including a federal tax credit to help parents pay for private school tuition.

    Now running for office again, Trump is calling for a certification program for teachers who “embrace patriotic values” and “funding preferences and favorable treatment” for states and school districts that follow his calls for abolishing teacher tenure. He also calls for cutting administrative roles, and adopting a “parental bill of rights.” Trump said he would also remove “the radical zealots and Marxists” he claims have “infiltrated” the Department of Education.

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    ( With inputs from : www.politico.com )

  • Change to Covid vaccine formulation signals start of FDA pivot in immunization strategy

    Change to Covid vaccine formulation signals start of FDA pivot in immunization strategy

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    Recent evidence suggests that the current bivalent provides protection against severe disease and death from the XBB.1 variant that is dominant in the U.S. right now.

    “As we’ve turned the corner from a pandemic phase to an endemic phase,” said Ofer Levy, staff physician at Boston Children’s Hospital, professor at Harvard Medical School and a member of the FDA panel. “Today’s vote marks a big practical win for the American people.”

    According to the CDC, roughly 69 percent of adults living in the U.S. have completed their primary vaccination series. More than 80 percent have received at least one shot, but 20 percent remain completely unvaccinated. Only about 15 percent of Americans, or 50 million people, have received bivalent boosters so far.

    Advisers stressed that this update would simplify immunizations going forward, which could result in more vaccinations.

    “I think anything that results in better public communication, to get more of the unvaccinated vaccinated would be extremely valuable,” said Henry Bernstein, a professor of pediatrics at Hofstra University and a member of the advisory committee.

    The recommendation still needs to be adopted by the FDA and the CDC before all vaccines are updated. Although the FDA doesn’t have to agree with its advisory committee, it often does.

    “We think that simplification of the vaccination regimen would contribute to easier vaccine deployment and better communication and improved vaccine coverage,” said Jerry Weir, director of the division of viral products in the office of vaccines research and review at FDA.

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    ( With inputs from : www.politico.com )

  • College Board: States have not influenced our new African American studies course

    College Board: States have not influenced our new African American studies course

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    The DeSantis administration made the decision earlier this month to bar high school students from taking the new course over concerns that the lessons run “contrary” to state law that restricts how race is taught in the classroom and that it “significantly lacks educational value.”

    DeSantis, who said the original coursework “pushed an agenda,” claimed victory this week after the College Board announced changes could be expected by the framework’s unveiling on Feb. 1. The state’s feedback included scrapping the lessons flagged by Florida officials, such as pieces on “Black Queer Studies,” advocacy for reparations, activism and intersectionality, which is a piece of critical race theory.

    Critical race theory is the study of how racism has been weaved into American laws and institutions throughout history. Most public school officials across the country say they do not teach the theory.

    “We are glad the College Board has recognized that the originally submitted course curriculum is problematic, and we are encouraged to see the College Board express a willingness to amend,” Alex Lanfranconi, director of communications for the Florida Department of Education, said in a statement on Wednesday. “AP courses are standardized nationwide, and as a result of Florida’s strong stance against identity politics and indoctrination, students across the country will consequentially have access to an historically accurate, unbiased course.”

    On Wednesday, Pritzker urged the College Board to “refuse to bow to political pressure” and maintain its course. “I am extremely troubled by recent news reports that claim Governor DeSantis is pressuring the College Board to change the AP African American Studies course in order to fit Florida’s racist and homophobic laws,” he wrote, adding that he will “not accept any watering down” of history.

    The College Board, in its Thursday letter to its members, said the course has “been shaped only by the input of experts and long-standing AP principles and practices.” More than 300 professors of African American Studies from more than 200 colleges nationwide, including dozens of historically Black colleges and universities, were consulted in developing the official course framework. The yearlong framework development process was completed in December.

    “We invite everyone to read the framework for themselves when it is released; it is a historic document that deserves your attention,” the letter from College Board said.

    Andrew Atterbury and Shia Kapos contributed to this report.

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    ( With inputs from : www.politico.com )