Tag: law

Attorney General Ellison Announces $50 Million Settlement with Purdue Pharma

The Center Square
Keith Ellison

Attorney General Keith Ellison announced Minnesota will get $50 million from the settlement of the state’s lawsuit against the Sackler family’s company Purdue Pharma, which manufactured the opioid drug Oxycontin that contributed to the deadly opioid crisis nationwide.

The resolution will make public more than 30 million documents related to Purdue’s role in the opioid crisis and require the Sacklers to pay $4.3 billion for prevention, treatment, and recovery efforts in communities across the country.

Minnesota’s share of those payments is expected to exceed $50 million over nine years, the spending of which will be overseen by the State’s Opioid Epidemic Response Advisory Council.

Read the full story

Tennessee Farmer Wins Injunction Against USDA in Loan Forgiveness Dispute

The Center Square
Tractor in the middle of a field during golden hour

A federal judge in Tennessee has ruled in favor of a Tennessee farmer, granting an injunction against the U.S. Department of Agriculture in its effort to grant federal loan forgiveness to only “non-whites.”

The Southeastern Legal Foundation and the Mountain States Legal Foundation joined to represent Union City farmer Robert Holman as he challenges a provision in the American Rescue Plan Act (ARPA) that allows for automatic loan forgiveness up to 120% of the federal loan for farmers or ranchers who are “socially disadvantaged,” which is defined as “Black, American Indian/Alaskan Native, Hispanic, or Asian, or Hawaiian/Pacific Islander.”

The legal ruling estimated while there was not a cap on the amount of loans that could be granted, $3.8 billion had been allocated to the program and, without an injunction, those funds might be gone before the case is resolved.

Read the full story

Virginia Extends Expanded Childcare Subsidies for the Rest of the Year

The Center Square

Additional childcare subsidies provided during the COVID-19 pandemic will be extended until the end of 2021, Virginia Gov. Ralph Northam announced Wednesday.

The state program, which provides financial assistance for childcare services, temporarily loosened the eligibility requirements through July 31, 2021. Northam directed the Virginia Department of Education to continue covering copayments through December 31, using federal COVID-19 relief funds.

“Access to high-quality child care is not only critical to the health and safety of Virginia’s children, but it is also important for advancing a strong, equitable recovery,” Northam said in a statement. “Extending these resources through the end of 2021 will help close the affordability gap for parents and providers, allowing thousands of Virginians to return to work, support their families, and grow our economy.”

Read the full story

Virginia Board Might Change, End Confusing COVID-19 Regulations Tuesday

The Center Square

A Virginia board will meet Tuesday to consider changing or ending business regulations it introduced to curb the spread of COVID-19 during the pandemic, some of which have been confusing business owners.

Earlier this year, the Department of Labor and Industry established permanent regulations on businesses, which could only end or be changed through another meeting by the department’s Safety Health Codes Board. When the board adopted the regulations, it also added a provision that required it to meet within two weeks after the state of emergency for COVID-19 ended. The last day of the emergency declaration was June 30.

The rules were initially in line with Gov. Ralph Northam’s executive orders, but after the governor rescinded some of the requirements, the two standards seemed to contradict on certain issues. The governor requires some employees to wear masks if they are not fully vaccinated. The DOLI regulations require those employees to wear masks and make no mention of vaccinations, but later guidance stated vaccinated individuals were not required to wear masks.

Read the full story

Gov. Whitmer Signs Emergency Insulin, Education Bills into Law

The Center Square
Gretchen Whitmer

Gov. Whitmer signed a flurry of bills Thursday with topics ranging from affordable insulin to changing college scholarship metrics.

“I am committed to bringing Republicans and Democrats together to make real, lasting change for Michigan families,” Whitmer said in a statement. “For people living with diabetes, access to insulin is a matter of life and death. I’m proud to sign Senate Bills 155 and 156 because they ensure access to an emergency insulin supply for people facing an interruption of care, and require insurance to cover that emergency supply. I’m also proud to sign House Bills 4055 and 4056 – students should be able to afford a college education based on their overall scholastic achievement, especially when facing unprecedented obstacles to taking otherwise required tests like the ACT and SAT. ”

Senate Bill (SB) 155 aims to ensure access to emergency insulin supply at an affordable cost by allowing pharmacists to dispense an emergency supply of insulin to individuals with an expired but otherwise valid prescription issued within the last 12 months.

Read the full story

Ohio Wins Injunction over Biden Administration’s ‘Tax Mandate’

The Center Square
Ohio Attorney General Dave Yost

Three weeks after a federal judge said Ohio could move ahead with a lawsuit against the Biden administration’s plan to tie federal funding to a state’s agreement to not cut taxes, the same court granted Ohio a permanent injunction to stop the practice.

The United States District Court for the Southern District of Ohio stopped the regulation that Ohio Attorney General Dave Yost said unconstitutionally restricted the state’s power to cut taxes, Yost announced Friday.

“The Biden administration reached too far, seized too much and got its hand slapped,” Yost said. “This is a monumental win for the preservation of the U.S. Constitution – the separation of powers is real, and it exists for a reason.”

Read the full story

Judge Orders Minneapolis to Hire More Police Officers

Admin
Hennepin County Courthouse

A judge ordered the city of Minneapolis to hire more police officers Thursday after finding the city’s reduction of its police force violated its charter.

The order, issued by Hennepin County District Court Judge Jamie L. Anderson, commands the Minneapolis City Council and Mayor Jacob Frey to “fund a police force of at least 0.0017 employees per resident,” or around 730 officers.

The order was issued in response to a lawsuit filed in August 2020 by the Upper Midwest Law Center on behalf of eight Minneapolis residents, arguing that city officials had failed to fulfill their duties by shrinking the police force. Petitioners successfully demonstrated a causal relationship between fewer police officers and the increase in Minneapolis’s crime rate, according to the order.

Read the full story

Supreme Court Hands Union Loss in California Trespass Case

The Center Square

The Supreme Court has ruled that a California regulation allowing union organizers to trespass on private property to recruit agricultural workers violated private property rights.

In Cedar Point Nursery v. Hassid released Wednesday, California agriculture businesses Cedar Point Nursery and Fowler Packing Company challenged a state law allowing labor unions a “right to take access” to an agricultural employer’s private property three hours per day, 120 days per year to recruit new union members. The court held that this constitutes a “per se” taking. They reversed and remanded prior rulings on California’s access regulation with a 6-3 vote, the dissenting votes belonging to the court’s three left-leaning justices. 

In 2015, union organizers entered Cedar Point Nursery at 5 a.m., disrupting work during harvest season with bullhorns to convince the farm employees to join the United Farm Workers (UFW) union. Mike Fahner, the owner of the strawberry farm, did not grant the union workers permission to enter his property, nor was he given notice of their arrival. He was not legally allowed to ask the union organizers to leave his property. 

Read the full story

U.S. Supreme Court Sides with Student in Free Speech Case

The Center Square
U.S. Supreme Court

The U.S. Supreme Court ruled in favor of free speech rights for students outside of the classroom in a decision Wednesday.

The court sided with former Mahanoy Area High School student and cheerleader Brandi Levy in the case, formally known as Mahanoy Area School District v B.L., with a 8-1 decision in her favor. Mahanoy Area High School is located in Pennsylvania.

Levy, upset that she had not made her school’s varsity cheer team, posted on the social media site Snapchat a simple message with explicit language expressing her frustration.

Read the full story

Largest Health Care Union to Fight Mandatory Vaccine Requirements for Workers

The Center Square
Doctor giving vaccination to patient

The president of the largest union of health care workers in the U.S. says it will fight companies requiring its members to have mandatory COVID-19 shots as a condition of employment.

The announcement came one day after Houston Methodist announced that 153 employees had been fired or resigned for refusing to get the shots as a condition of employment. Those suing argue requiring employees to receive a vaccine approved only through Emergency Use Authorization violates federal law. After a recent court dismissal, their attorney vowed to take the case all the way to the Supreme Court.

George Gresham, president of 1199SEIU United Healthcare Workers East, is weighing the organization’s legal options.

Read the full story

U.S. Supreme Court Rules Against NCAA on Payment for College Athletes

The Center Square

Paying college athletes has been a hotly debated topic for years, but now the U.S. Supreme Court has released a ruling on the issue.

A group of current and former student athletes brought the lawsuit against the National Collegiate Athletic Association, arguing that the organization violated antitrust laws when it prevented student athletes from accepting certain education-related benefits.

The case, filed in 2018, challenged the NCAA and the biggest conferences including the Pac-12, Big Ten, Big 12, SEC, and ACC. The Supreme Court ruled unanimously in favor of the students Monday, saying the NCAA could not deny those benefits, which could include things like “scholarships for graduate or vocational school, payments for academic tutoring, or paid posteligibility internships.”

Read the full story

Ohio Group Joins Another Legal Battle to Stop Eviction Ban

The Center Square
Eviction Notice for Nonpayment document with a wooden judge gavel

A Columbus-based think tank recently joined a Tennessee lawsuit calling for the end of the federal government’s eviction moratorium, saying the government lacks authority to rewrite private rental agreements.

The Buckeye Institute filed an amicus brief in Tiger Lily v. United States Department of Housing and Urban Development, which currently sits before the Sixth Circuit U.S. Court of Appeals. A U.S. district court ruled in favor of landlords, saying the law does not authorize the eviction moratorium.

“The Buckeye Institute is asking the court of appeals to affirm the district court’s decision that Congress did not give Centers for Disease Control and Prevention the authority to rewrite millions of private rental agreements across the country,” Jay Carson, senior litigator at the Buckeye Institute said. “Further, while the CDC’s intentions in imposing the moratorium may have been good, the repercussions are that small landlords face difficulties paying their mortgages, taxes and for the upkeep on their properties, which studies show lead many to exit the market, leaving fewer housing options available.”

Read the full story

Michigan House Votes to Suspend $300 Weekly Federal Unemployment Payments

The Center Square
David Martin

The Michigan House of Representatives voted to approve House Bill 4434, which would end the state’s participation in the federal unemployment program.

The bill passed Thursday by a 350-49 vote, and now moves to the Michigan Senate.

House Republicans rallied hard behind the bill, which would immediately halt the federally funded $300 weekly boost to Michigan unemployment checks. The federal program currently is scheduled to cease in September, but legislators argue the additional money is hindering the state’s economic recovery from the COVID-19 pandemic.

Read the full story

Virginia Emergency Ending Could Affect Masks, Remaining COVID-19 Regulations

The Center Square
Young boy getting vaccination

Gov. Ralph Northam intends to let the COVID-19 pandemic state of emergency expire June 30, which could affect mask wearing throughout the commonwealth and the remaining restrictions on businesses.

Virginia law normally prohibits a person from covering one’s face with the intent of concealing one’s identity in public spaces, which was put on hold during the state of emergency. According to the Virginia code, a person can only wear a mask in certain situations, which include a legitimate medical reason when advised by a physician or during a health-related state of emergency when the governor expressly waives this section of law.

With the governor ending the state of emergency, it’s unclear whether wearing a mask in public could be grounds for prosecution absent a doctor’s note. The governor has said a person would not be prosecuted for wearing a mask and that he has been in contact with police groups that told him police would not arrest anyone for wearing a mask. The provision that states a person would only be guilty when intending to conceal his or her identity with the mask could be difficult to prove when a person is simply following guidelines from the governor’s office and the Center for Disease Control.

Read the full story

Some Virginia Colleges Will Continue to Prohibit Marijuana on Campus to Protect Federal Funds

The Center Square
Virginia Commonwealth University

Some Virginia universities intend to prohibit marijuana on campus grounds after it becomes legal for recreational use for adults age 21 and older in the state.

Although the commonwealth will allow legal possession beginning in two weeks, the plant still is illegal at the federal level and a schedule I drug under the controlled substance act. If a university allows marijuana on campus, some universities worry it could threaten their federal funding.

A spokesperson from James Madison University told The Center Square the Office of Student Accountability and Restorative Practices will continue to address incidents of marijuana on campus because use and possession are illegal under federal law.

Read the full story

Judge Rules Christian Baker Jack Phillips Must Make ‘Gender Transition’ Cake

Admin
Jack Phillips

A Colorado baker and self-described cake artist who won a 2018 victory at the Supreme Court faced a related setback this week when a state court ruled in another case that the law requires him to make a cake to celebrate a gender transition. 

Denver District Court Judge A. Bruce Jones ruled against Jack Phillips, the Christian owner of Masterpiece Cakeshop in Lakewood, Colorado, in the case of Scardina v. Masterpiece Cakeshop. 

“The anti-discrimination laws are intended to ensure that members of our society who have historically been treated unfairly, who have been deprived of even the every-day right to access businesses to buy products, are no longer treated as ‘others,’” Jones wrote Tuesday in a 28-page opinion.

Read the full story

State Board of Elections Must Certify Unlock Michigan Petition, Michigan Supreme Court Rules

The Center Square
Unlock Michigan sign

The Michigan Supreme Court ruled Friday the Board of State Canvassers must certify the Unlock Michigan petition to remove Gov. Gretchen Whitmer’s 1945 emergency powers. 

In April, the Board of State Canvassers deadlocked 2-2 three times on votes whether to certify or investigate further Unlock Michigan.

“In the present case, the Board approved the form and content of the petition in July 2020,” the state’s top court wrote. “The Bureau of Elections analyzed the signatures using a random sampling method and estimated that Unlock Michigan submitted at least 460,000 valid signatures when they only needed about 340,000. The Board rejected, by deadlocked vote, a motion to investigate the collection of signatures. The Board thus has a clear legal duty to certify the petition.”

Read the full story

Metro Atlanta Leaders to Use Federal Money to Address Crime

The Center Square
Keisha Lance Bottoms

Leaders in the metro Atlanta area said they plan to use American Rescue Plan funding to address public safety issues.

Officials in Fulton and DeKalb counties and the city of Atlanta have announced plans to use a portion of the federal aid to increase public safety or address criminal justice backlogs.

According to several reports, Atlanta and adjacent cities have seen a spike in crime over the past year. State lawmakers have launched a study to look at ways to curb the issue. Gov. Brian Kemp directed $5 million last month from his emergency fund to address the crisis.

Read the full story

Feds: Illegal Immigration Continued to Worsen in May

The Center Square
Temporary soft sided facilities are utilized to process noncitizen individuals, noncitizen families and noncitizen unaccompanied children as part of the ongoing response to the current border security and humanitarian effort along the Southwest Border in Donna, Texas, May 4, 2021.

The surge in illegal immigration at the southern border continues to worsen, May numbers show, as the Biden administration takes more criticism for its handling of the issue.

U.S. Customs and Border Protection released new data on the crisis at the southern border, showing the federal law enforcement agency encountered 180,034 people attempting to illegally enter the country last month.

May’s numbers were a 1% increase from the previous month, but illegal immigration since Biden took office has soared.

Read the full story

Study Finds Tennessee Collects $38M in Court Fines, Fees Each Year

The Center Square
Tennessee flag on pole

A new report from The Sycamore Institute shows Tennessee collects nearly $38 million annually in fines and fees through the criminal justice system, while county governments are collecting a shrinking amount in fines and fees.

While the Tennessee Department of Revenue reports its collections of fines and fees annually, other agencies, such as the Department of Correction, the Department of Safety & Homeland Security and the Tennessee Bureau of Investigation, do not report detailed information on their collections.

The Sycamore Institute study found 360 fees and fines authorized in Tennessee law, from being charged with a crime to civil asset forfeiture to incarceration costs.

Read the full story

High Court Hears Arguments on Tennessee’s School-Choice Program

The Center Square
ORNL Traveling Science Fair at the TN 4th Annual Tennessee STEM Innovation Summit and STEMx Event, Nashville, TN

Tennessee’s highest court heard arguments on a disputed school choice program.

Tennessee’s Education Savings Accounts (ESA) pilot program, approved by the state Legislature in 2019, would provide state-funded scholarships of about $7,100 to low-income students in Nashville and Memphis – home to the state’s two lowest-performing school districts. Students would be able to use the funds to attend nonpublic schools of their choice.

A district court ruled the program unconstitutional when the two counties sued the state to stop the program. The state Court of Appeals upheld that ruling, and the state Supreme Court agreed to hear the case.

Read the full story

Michigan State Health Director Backs COVID-19 Nursing Home Death Numbers Despite Undercounting Allegations

The Center Square

The Michigan House Oversight Committee on Thursday heard opposing testimony related to whether Michigan is undercounting COVID-19 nursing home deaths.

For over a year, Republicans have alleged Gov. Gretchen Whitmer’s Executive Order to place COVID-19 infected patients into nursing homes with non-infected seniors contributed to an excess number of deaths than otherwise would have happened. In March, more than 50 lawmakers asked the federal government to investigate Whitmer’s policy. The death data from Michigan’s nursing homes could be compared to states with similar senior populations that didn’t pursue similar nursing home policy. 

Steve Delie, an attorney for the Mackinac Center For Public Policy, sued the Michigan Department for Health and Human Services (MDHHS) on behalf of reporter Charlie LeDuff, testified before the committee on Thursday. Delie argued the nursing home and long-term care COVID-19 death count in Michigan isn’t accurate, saying MDHHS enacted an accountability check between March 1 and June 30 of 2020, where it located 648 deaths out of a pool of 1,468 vital records deaths that could be traced back to a nursing home facility.

Read the full story

Court Grants Injunction in Tennessee Restaurant Owner’s Case over Recovery Money

The Center Square
Inside of a bar, view of the drink selection on the wall

A federal appeals court ruled in favor of a Tennessee bar and restaurant owner, granting an injunction against the U.S. Small Business Administration from prioritizing COVID-19 relief funds based upon the restaurant owner’s race and sex.

Two of the three judges on the panel agreed with the injunction, which is subject to appeal. Tennessee U.S. District Judge Travis McDonough ruled last week against the lawsuit, filed by the Wisconsin Institute for Law & Liberty, a nonprofit conservative law firm, on behalf of Antonio Vitolo, owner of Jake’s Bar and Grill in Harriman.

WILL appealed the decision. The lawsuit was filed May 12 in the Eastern District of Tennessee.

Read the full story

Gov. Lee’s Signature Makes Tennessee a Second Amendment Sanctuary

The Center Square
Guy shooting hand gun at gun range

Tennessee Gov. Bill Lee signed a bill Wednesday that makes the state a Second Amendment sanctuary.

Senate Bill 1335 prevents any “law, treaty, executive order, rule, or regulation of the United States government” that violates the Tennessee Constitution or the Second Amendment of the U.S. Constitution from being enforced in the state.

That violation would have to be determined by either the Tennessee or U.S. Supreme Court. The stipulation was added during debate of the bill in the Tennessee House, and the Senate concurred.

Read the full story

Texas State Border Officials Fear Large Spikes in Overdose Deaths with Drug Traffic Increases

The Center Square
Texas Department of Public Safety SUV

Texas officials said Thursday they’re worried about dramatic spikes in drug overdose deaths in some areas of the state as illegal border crossings and drug trafficking have picked up since President Joe Biden took office.

Gov. Greg Abbott joined Texas Department of Public Safety (DPS) Director Steve McCraw and Tarrant County Sheriff Bill Waybourn on Thursday in Fort Worthto provide an update on the border crisis.

“We’re heading for a 50 percent increase in overdose deaths in Tarrant County alone,” Waybourn warned, noting that the amount of drugs flooding into Tarrant County has skyrocketed even with DPS intervention.

Read the full story

Minnesota’s COVID-19 Hospitalizations Drop Below 400

The Center Square
Doctors talking with masks on

COVID-19 hospitalizations fell below 400 in Minnesota for the first time since March, state health officials reported Friday.

About 396 people are hospitalized with COVID-19 statewide, Minnesota Department of Health (MDH) data reports. Of those, 116 are in an intensive care unit.

Hospitalizations peaked at 699 in early 2021, but have fallen following the first vaccine injection of 2.8 million Minnesotans, or 63% of state residents ages 16 and older. COVID-19 disproportionately killed older people. About 90% of Minnesotan’s COVID-19 deaths were seniors ages 65 and older.

Read the full story

Whitmer, Legislature Reach Deal on COVID-19 Restrictions, Collaborate Spending Billions

The Center Square
Gov. Gretchen Whitmer

After 14 months of fighting over COVID-19 policy, GOP leaders and Gov. Gretchen Whitmer reached an agreement Thursday to negotiate the state budget and stimulus money in return for setting a date to end COVID-19 restrictions.

In return, Whitmer has agreed to withdraw the Michigan Occupational Safety and Health Administration’s (MIOSHA) proposed permanent rules and discuss legislative input on epidemic orders.

“Throughout the pandemic, we saw Michiganders all over the state step up and come together to slow the spread of COVID-19 and save lives,” Whitmer said in s statement. “Now, Michigan’s task is to unleash the potential of our people, to drive innovation and investment, and create tens of thousands of jobs and economic prosperity for all. Together, we can stay laser-focused on growing the economy and getting Michiganders back to work. Let’s hit the gas.”

Read the full story

Lee Signs Slew of Bills, Including Tax Deals for Titans, Smokies

The Center Square
Nissan International Stadium

Tax deals for the NFL’s Tennessee Titans and minor league baseball’s Tennessee Smokies were signed into law this week by Gov. Bill Lee.

The governor also signed two bills that are key cogs in his criminal justice reform initiative. They aim to reduce recidivism and keep lower level offenders related to substance abuse and mental health out of jail and in community-based alternative programs.

The Titans deal is estimated to have a $10 million annual sales tax impact on the state. It will allow the team to retain sales tax revenue from all events at Nissan Stadium and keep half of the tax revenue from a planned mixed-use development around the stadium to use toward future stadium upgrades.

Read the full story

New Interim Teacher Certification Program Aims to Provide More Teachers of Color in Schools

The Center Square
State Superintendent Dr. Michael Rice

The Michigan Department of Education (MDE) has approved the New Paradigm for Education program to promote alternative teacher certification in the state.

New Paradigm will offer a residency-based alternative route to teacher certification to recruit, train, and retain high-quality educators, particularly teachers of color and male teachers of color.

“We continue to work beyond conventional methods to help address the gaps in the teacher workforce,” State Superintendent Dr. Michael Rice said in a statement. “There is a substantial teacher shortage in Michigan, which is even more acute for teachers of color.”

Read the full story

Michigan House Oversight Committee Considers Legislation to Ban Vaccine Passports

The Center Square
Mask on passport Vaccination card on blue background

The Michigan House Oversight Committee convened Thursday to discuss a bill that aims to ban vaccination passports, sparking heated debate on the topic.

The committee specifically focused its discussion on House Bill 4667. Introduced by bill sponsor Rep. Sue Allor, R-Wolverine, the bill would prohibit “a governmental entity from producing, issuing or providing an incentive for a COVID-19 vaccination passport.”

However, the meeting also prompted testimony from a variety of guests who defended their personal decisions to not receive any of the three available COVID-19 vaccines. Most cited the Federal Drug Administration’s emergency authorization of the vaccines does not equate to the agency’s explicit approval.

Read the full story

Ohio City Income Tax Law Continues to be Challenged

The Center Square
Robert Alt

An Ohio think tank’s fight over the state’s municipal income tax laws, which continue to be an issue during the COVID-19 pandemic, has moved to the state court of appeals.

The Buckeye Institute, a research and education think tank based in Columbus, has filed four lawsuits challenging the state law that requires taxes to be paid to the city where work is actually done. During the pandemic, however, more and more people were working from home but still paying taxes to cities where their office was located, rather than where they actually worked.

The Buckeye Institute appealed Thursday to the Ohio Tenth District Court of Appeals its case of three of its employees who worked from home after the state’s stay-at-home order but continued paying taxes to city of Columbus. A Franklin County judge dismissed the case Tuesday.

Read the full story

Midwest Farmers Among Those Challenging Biden Administration Loan Forgiveness

The Center Square
Field with tractor in it, loaded with hay on trailer

A pair of Wisconsin farmers are part of a new lawsuit challenging President Biden’s race-based program for farm loan forgiveness.

The Wisconsin Institute for Law and Liberty filed the suit on behalf of Calumet County farmer Adam Faust and Crawford County farmer Christopher Baird, as well as clients in Minnesota, South Dakota, and Ohio. The suit claims the farm loan forgiveness program included in the American Rescue Plan discriminates because it is only open to farmers of color.

“President Joe Biden’s signature COVID-19 relief legislation signed in March, provides billions of dollars of debt relief to ‘socially disadvantaged’ farmers and ranchers,” WILL said in a statement about the case. “But the law’s definition of “socially disadvantaged” includes explicit racial classifications: farmers and ranchers must be Black or African American, American Indian or Alaskan native, Hispanic or Latino, or Asian American or Pacific Islander. Other farmers — white farmers, for example — are ineligible.”

Read the full story

Former Michigan Health Director Submits to Subpoena, Testifies to House Oversight Committee over $155,000 Severance Payment

The Center Square

After declining four previous requests to testify, former Michigan Director of Health and Human Services Director Robert Gordon was finally compelled to testify Thursday before the House Oversight Committee.

Gordon abruptly resigned his position in January, and signed a controversial nondisclosure agreement the following month that included a $155,506 buyout. The Oversight Committee issued Gordon a subpoena earlier this month, forcing him to appear before the committee.

The subpoena was the first issued by the Oversight Committee in 30 years, according to Rep. Patrick Outman, R-Six Lakes.

Read the full story

Law Professor May Be Fired After Personal Blog Post Criticized Chinese Government

Admin
Tom Smith

The University of San Diego is formally reviewing a law professor who made a blog post critical of the Chinese Communist Party.

“If you believe that the coronavirus did not escape from the lab in Wuhan, you have to at least consider that you are an idiot who is swallowing whole a lot of Chinese cock swaddle,” wrote Professor Tom Smith on his blog The Right Coast. He later clarified that the reference was to the Chinese government, not the people in the country.

When he first published the March 10 post, the USD Law School placed him under investigation, citing complaints of bias. Now, the law school has sent his case to administration for a formal review.

Read the full story

‘Unlock Michigan’ to File in State Supreme Court After Canvassing Board Deadlocks Petition Certification

The Center Square
Gretchen Whitmer

The Board of State Canvassers on Thursday deadlocked 2-2 three times on votes whether to certify or investigate further the conservative Unlock Michigan petition to remove Gov. Gretchen Whitmer’s 1945 emergency powers before adjourning.

On Oct 2, 2020, Unlock Michigan filed signatures with the Secretary of State’s office. The group gathered roughly 460,000 valid signatures, more than the 340,047 needed. Those petitions are normally handled within 60 days, but this time, 202 days after filing, two Democrat members are refusing to certify the petition.

Instead, Democrat Vice-Chair Julie Matuzak motioned to engage in the Administrative Procedure Act regarding promulgation of a new rulemaking process for petitions and to pause the petition. Matuzak said she didn’t know who would fund that investigation or how long it would take.

Read the full story

Ohio Attorney General Continues Court Fight Over American Rescue Plan Taxing Provision

The Center Square
Dave Yost

Ohio Attorney General Dave Yost says Congress crossed a line and U.S. Treasury Secretary Janet Yellen struggles to explain whether states retain authority to set their own tax codes if they accept money from the recently passed American Rescue Plan.

Yost responded Thursday with a motion in support of his lawsuit for a temporary restraining order to stop the federal government’s tax mandate in the ARP. Yost believes the mandate holds states hostage and takes away Ohio’s control of its tax structure and economic policy.

“Congress crosses the line separating permissible encouragement from impermissible,” Yost’s latest motion reads. “Ohio stands to receive $5.5 billion. In the pandemic-caused economic crisis, Ohio cannot realistically turn that down.”

Read the full story

Jury Finds Derek Chauvin Guilty on All Counts in the Death of George Floyd

The Center Square
Derek Chauvin

Less than a year after the death of George Floyd in police custody, a jury found former Minneapolis Police officer Derek Chauvin guilty on charges of second-degree unintentional murder, third-degree murder, and second-degree manslaughter.

Anger from the tragic death in police custody  on May 25, 2020, was fueled by a bystander filming part of the arrest, showing Floyd pinned under Chauvin’s knee for 9 minutes and 45 seconds, while he pleaded “I can’t breathe.” Floyd was declared dead later that day.

The video caused protests worldwide and pushed discussion of police accountability and proper levels of force for minor crimes, as Floyd was arrested for allegedly attempting to spend a fake $20 bill.

Read the full story

Report: Three-Fourths of All 2019 Property Insurance Suits in U.S. Were Filed in Florida

The Center Square

In 2019, Florida homeowners accounted for 8.16 percent of the nation’s property insurance claims, but more than 76 percent of property insurance lawsuits lodged against insurers.

Pointing to this “disparity,” Florida Insurance Commissioner David Altmaier in a five-page April 2 letter to House Commerce Committee Chair Rep. Blaise Ingoglia, R-Spring Hill, outlined four proposals to reduce property insurance litigation.

Insurers cite rampant litigation, ballooning reinsurance costs, “loss creep” from 2017-18 hurricanes and coastal flooding as a “perform storm” of coalescing factors leading to double-digit property insurance rate hikes that Florida businesses and 6.2 million homeowners are seeing or will see when renewing policies.

Read the full story

Warner, Kaine Introduce Red-Flag, Other Federal Gun Control Changes to Mirror Virginia Law

The Center Square

U.S. Sens. Tim Kaine and Mark Warner introduced federal gun control legislation Thursday to mirror some of the laws that recently passed their home state of Virginia.

The policies include expanding background checks, limiting handgun purchases and enacting red flag laws at a national level. The senators are calling the legislation the Virginia Plan to Reduce Gun Violence Act.

“Virginia knows all too well the heartbreaking consequences of gun violence,” Warner and Kaine said in a joint statement. “We’ve seen it in the tragedies of Virginia Tech and Virginia Beach and the countless drive-by shootings, domestic violence, and suicides by firearm across the country. We’re proud of the Commonwealth for leading the way to advance gun reform; now it’s time for Congress to save lives.”

Read the full story

Ohio Bill Would Reduce Requirements for School Districts to Arm Employees

The Center Square
Hand gun with ammunition

An Ohio lawmaker, whose father served a school resource officer who chased an active shooter from a building, wants to make it easier for school districts to arm its employees.

Rep. Thomas Hall, R-Madison Township, introduced legislation that requires school employees to complete only concealed carry weapon training to be able to carry on gun on campus. School employees currently must complete more than 750 hours of peace officer training.

Conceal carry training is six hours of classroom instruction and two hours of on-range training.

Read the full story

U.S. Supreme Court Overturns California’s Restrictions on In-Home Religious Activities

The Center Square
Group of people singing at a worship service

The U.S. Supreme Court ruled late Friday that California’s COVID-19 restrictions on in-home religious gatherings, limiting worship to families from a maximum of three households, could not continue.

In the 5-4 decision, the Supreme Court reversed a Ninth Circuit Court of Appeals ruling allowing California Gov. Gavin Newsom’s limits on people exercising their First Amendment rights to freely practice religion at home.

In its written order, the court noted that it was the fifth time it has “rejected the Ninth Circuit’s analysis of California’s COVID restrictions on religious exercise.”

Read the full story

State Redistricting Deadlines in 2021, 2022, and 2023

The Center Square
U.S. Census 2020

The U.S. Census Bureau announced in February that it would deliver the detailed datasets needed for redistricting to the states by Sep. 30, 2021, after the original April 1, 2021, deadline. Some states’ own redistricting deadlines predate the Census Bureau’s projected data delivery date, prompting states to consider postponements or alternative data sources.

State redistricting deadlines generally take one of three forms:

Constitutional deadlines are set out explicitly in state constitutions. Altering these deadlines typically requires either a constitutional amendment or a court order.
Statutory deadlines are set by state legislatures. They are subject to change at the legislature’s discretion.
Redistricting deadlines can also be inferred from candidate filing deadlines. For example, if a state sets its filing deadline for congressional candidates for Feb. 1, 2022, it can be inferred that the congressional maps must be fixed by that point.

Read the full story

DeWine Signs Partial Repeal of Ohio’s Controversial Nuclear Power Bailout

The Center Square
Nuclear power plant

A little more than eight months after the billion-dollar government bailout of the state’s nuclear energy industry led the arrest of former Ohio House Speaker Larry Householder, Gov. Mike DeWine officially put it to rest.

DeWine signed House Bill 128 into law late Wednesday. It repeals the nuclear provisions of the infamous House Bill 6.

Gone is the bailout for the Perry and Davis-Besse nuclear power plants in northern Ohio. Also eliminated was the ability for FirstEnergy to have its revenue levels relatively the same even during years when energy consumption decreases. HB 128 directed refunds of money already collected under the guarantee.

Read the full story

Law Enforcement Agencies Meeting Ohio’s New Minimum Standards

The Center Square

More than 500 agencies in Ohio have adopted the state’s new law enforcement minimum standards to be state certified, Gov. Mike DeWine announced Wednesday.

Ohio changed its standards after the death of George Floyd in Minnesota last spring and the subsequent protests.

The Ohio Department of Public Safety’s 2021 Law Enforcement Certification Report showed 529 Ohio agencies have adopted fully the primary standards, which include new ones created last year. Eleven agencies are in the process of adopting and being certified.

Read the full story

Virginia’s Northam Seeks Greater COVID-19 Executive Authority in Proposed Budget Amendments

The Center Square

Virginia Gov. Ralph Northam proposed 18 amendments to the budget legislation passed by the General Assembly, which includes giving the executive branch more authority to address issues related to the COVID-19 pandemic.

“I also propose three language amendments to ensure our ability to continue responding to needs related to the COVID pandemic by giving agencies the flexibility to respond and the authority to address the opportunities presented by the federal funding such as the American Rescue Plan Act (ARPA), until we can address the matter fully at a special session,” Northam said in a letter to the House of Delegates.

One amendment to the budget would grant the director of the Department of Planning and Budget the authority to direct the additional Medicaid revenue from the recent federal stimulus plan to current services. Another would grant the superintendent of public instruction the authority to issue temporary flexibility or waivers for deadlines and requirements that cannot be met because of the COVID-19 state of emergency and school closures.

Read the full story

General Assembly OKs Paid Parental Leave for Georgia State Workers

The Center Square

A follow-up attempt by lawmakers to implement paid parental leave for Georgia state employees is on its way to Gov. Brian Kemp.

The measure allows state employees in Georgia to take three weeks of paid parental leave. The House agreed Monday, 153-8, to the Senate’s changes to House Bill 146 after it unanimously passed the Senate last week. A similar measure cleared the House in 2020.

Under HB 146, state or local school board employees who worked at least 700 hours over the six months preceding the requested paid leave date can qualify for the paid time off after the birth of a child, adoption of a child or taking in of a foster child. Paid parental leave would be granted only once a calendar year. State agencies and school boards are able to dictate the policy rules.

Read the full story

Landlords Struggle Under Extended CDC Eviction Ban, Class-Action Lawsuit Argues

The Center Square
John Vecchione

Landlords are struggling after the U.S. Centers for Disease Control and Prevention (CDC) extended a national ban on certain evictions apparently to slow the spread of COVID-19.

The CDC extended the moratorium, first enacted in Sept. 2020, through June 30.

The New Civil Liberties Alliance (NCLA), a nonpartisan, nonprofit civil rights group, filed a class-action lawsuit in the U.S. District Court for the Northern District of Iowa on behalf of Asa Mossman of Cedar Rapids, Iowa, and other housing providers. 

Read the full story

Georgia Senate Passes Measure Blocking Local Efforts to Reduce Police Funding

The Center Square

A bill that bans counties and municipalities in Georgia from reducing their police department budgets by more than 5% has passed the Georgia Senate and will be sent back to the House.

Sen. Randy Robertson, R-Cataula, a law enforcement veteran, said the legislation, House Bill 286, is a response to local efforts to “defund the police.”

“I think everyone sees the things that are going on around our country right now related to law enforcement, and what this does is just guarantee the citizens of any community that they’re not caught up in the politics that revolves around policing and offers protection,” said Robertson, who sponsored the bill.

Read the full story