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Report: 1.9 Million Households Owe $15 Billion in Back Rent as Eviction Moratorium Expires

July 31, 2021July 30, 2021 The Center Square

Up to 1.95 million households across America will owe a collective $15 billion in back rent when the eviction moratorium expires Saturday, the Federal Reserve Bank of Philadelphia estimates.

That number will reach 2 million by December, according to the report released Friday. In Pennsylvania, about 60,000 renter households will owe $412 million come August.

The U.S. Centers for Disease Control and Prevention (CDC) made one final 30-day extension of the Emergency Rental Assistance Program through July 31. President Joe Biden’s administration said its “hands are tied” by the courts on the matter and any further relief must come from Congress itself.

Critics Denounce New CDC Guidance Urging Mask Usage, Vaccine or Not

July 28, 2021July 27, 2021 The Center Square

The U.S. Centers for Disease Control and Prevention changed course Tuesday, reversing its previous COVID-19 guidance by urging Americans to wear masks, regardless of their vaccination status. Critics quickly denounced the reversal, saying it undermines vaccine confidence.

The CDC said all students and teachers should wear masks, even if they are vaccinated, and that all Americans, including those with the vaccine, should wear masks in public places where the virus has a significant presence. The agency cited the delta variant of COVID, which is more transmissible.

The CDC had previously announced in May that vaccinated individuals did not have to wear masks. The White House fended off questions from reporters at the White House press briefing on the reasoning behind that reversal.

Georgia to Issue Licenses to Companies for Medical Marijuana Production

July 25, 2021July 24, 2021 The Center Square

The Georgia Access to Medical Cannabis Commission will pick six companies to start producing the plant for medical uses in the state.

Nearly 70 companies applied for licenses to grow marijuana and convert it to oil to treat various illnesses. Once the commission approves them, the companies could be looking at paying up to $200,000 in licensing fees to the state. They will have one year to get product to thousands of Georgians who have been waiting for more than five years.

Patients with a Low THC Oil Registry card legally can purchase up to 20 fluid ounces of the THC oil from licensed dispensaries or pharmacies under legislation signed into law by former Gov. Nathan Deal in 2015. However, without guidelines and a medical marijuana marketplace, the 14,000 registered patients in Georgia have no way of legally obtaining the oil.

Federal Reserve Chair: Inflation to be ‘Elevated for Months’

July 18, 2021July 17, 2021 The Center Square

Federal Reserve Chairman Jerome Powell tried to calm lawmakers’ fears about rising inflation but also said it would probably remain elevated for months to come.

Testifying before Congress this week, Powell said the Federal Reserve was willing to step in to address the situation, but that inflation should level out next year.

“As always, in assessing the appropriate stance of monetary policy, we will continue to monitor the implications of incoming information for the economic outlook and would be prepared to adjust the stance of monetary policy as appropriate if we saw signs that the path of inflation or longer-term inflation expectations were moving materially and persistently beyond levels consistent with our goal,” Powell said in his prepared testimony.

States Join Coalition to Stop California from Setting U.S. Automotive Standards

July 14, 2021July 13, 2021 The Center Square

A coalition of 16 states is urging the U.S. Environmental Protection Agency to not reinstate a waiver allowing California to implement its own carbon emissions standards that essentially regulate the automotive industry for the rest of the U.S.

Texas Attorney General Ken Paxton joined a coalition led by Ohio Attorney General Dave Yost, which also includes attorneys general from the states of Alabama, Arkansas, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Nebraska, Oklahoma, South Carolina, South Dakota, Utah and West Virginia.

Under the Clean Air Act, the Trump administration created national standards for vehicle carbon emissions for model years 2021 through 2026. The policy revoked a waiver previously granted to California in order to treat all states as equal sovereigns subject to one federal rule, the attorneys general explain in their 12-page letter.

Commentary: An Inside Look at Lockdown Orders from 2020

July 14, 2021July 13, 2021 RealClearWire

Person putting hands on glass, inside of home

Life in the United States and in many parts of the world was transformed in mid-March 2020. That was when the great experiment began. It was a test. How much power does government have to rule nearly the whole of life? To what extent can all the power of the state be mobilized to take away rights that people had previously supposed were protected by law? How many restrictions on freedom would people put up with without a revolt?

It was also a test of executive and bureaucratic power: can these dramatic decisions be made by just a handful of people, independent of all our slogans about representative democracy?

We are far from coming to terms with any of these questions. They are hardly being discussed. The one takeaway from the storm that swept through our country and the world in those days is that anything is possible. Unless something dramatic is done, like some firm limits on what governments can do, they will try again, under the pretext of public health or something else.

Supreme Court Hands Union Loss in California Trespass Case

June 29, 2021June 29, 2021 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.

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

June 28, 2021June 27, 2021 The Center Square

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.

Largest Health Care Union to Fight Mandatory Vaccine Requirements for Workers

June 28, 2021June 27, 2021 The Center Square

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.

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

June 23, 2021June 22, 2021 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.”

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

June 20, 2021June 19, 2021 Georgia Star News Staff

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.

Metro Atlanta Leaders to Use Federal Money to Address Crime

June 13, 2021June 18, 2021 The Center Square

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.

Feds: Illegal Immigration Continued to Worsen in May

June 12, 2021June 11, 2021 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.

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

June 6, 2021June 5, 2021 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.

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

May 31, 2021May 30, 2021 The Center Square

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.

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

May 29, 2021May 28, 2021 The Center Square

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.

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

April 27, 2021April 26, 2021 Georgia Star News Staff

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.

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

April 20, 2021April 20, 2021 The Center Square

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.

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

April 18, 2021April 17, 2021 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.

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

April 14, 2021April 14, 2021 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.”

State Redistricting Deadlines in 2021, 2022, and 2023

April 12, 2021April 11, 2021 The Center Square

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.

General Assembly OKs Paid Parental Leave for Georgia State Workers

April 4, 2021April 3, 2021 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.

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

April 2, 2021April 1, 2021 The Center Square

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.

Georgia Senate Passes Measure Blocking Local Efforts to Reduce Police Funding

March 28, 2021March 27, 2021 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.

More Than $4 Billion to Go to Illegal Immigrants Through Biden Stimulus Checks

March 24, 2021March 23, 2021 The Center Square

The Center for Immigration Studies estimates that 2.65 million illegal immigrants have Social Security numbers and, because of their income threshold and number of children they have, are eligible to receive federal stimulus checks.

In a new report, CIS estimates that illegal immigrants could receive an estimated $4.38 billion from the American Rescue Plan Act of 2021 passed by Democrats along party lines.

Two weeks ago, U.S. Sen. Ted Cruz, R-Texas, said that illegal immigrants would be receiving $1,400 checks through the legislation and introduced an amendment to stop it. Democrats rejected the amendment.

Eleven States File Motion to Intervene in Ninth Circuit Case over Public Charge Rule

March 15, 2021March 14, 2021 The Center Square

Eleven states, led by Arizona Attorney General Mark Brnovich, have filed a motion to intervene in a Ninth Circuit Court of Appeals case over challenges to a 2018 public charge rule change that required immigrants coming to the U.S. to prove they could financially support themselves.

The Biden administration removed the rule change, effective March 9. Subsequently, the Department of Homeland Security announced on March 11 it will no longer apply the rule.

In a statement, it said it had “closed the book on the public charge rule and is doing the same with respect to a proposed rule regarding the affidavit of support that would have placed undue burdens on American families wishing to sponsor individuals lawfully immigrating to the U.S.”

Ohio Prosecutors Support Bill to Force Convicted Rioters to Pay for Damages

March 9, 2021March 8, 2021 The Center Square

Last summer, millions of dollars in taxpayer money were spent in response to protests that turned violent throughout Ohio. A bill proposed in the Ohio Senate looks to make sure those responsible will pay for it.

Senate Bill 41, currently being discussed by the Senate Judiciary Committee, calls for restitution from those who are convicted of property damage during riots, including vandalism. The restitution would pay the expenses of police and emergency crews who have to respond to riots. The bill also allows the government to take possession of any property left behind by those who end up convicted.

State Senator Tim Schaffer, R-Lancaster, is sponsoring the bill. Lou Tobin, the Executive Director of the Ohio Prosecuting Attorneys Association, offered his support before the committee recently.

Ducey Removes Arizona’s COVID-19 Restrictions on Businesses

March 8, 2021 The Center Square

Arizona Gov. Doug Ducey has rescinded the business restrictions he put in place last year to stem the spread of COVID-19.

Ducey’s latest executive order, which he signed Friday, removes the capacity limits on businesses he had put in place July 9, effective immediately.

“We’ve learned a lot over the past year,” Ducey said. “Our businesses have done an excellent job at responding to this pandemic in a safe and responsible way. We will always admire the sacrifice they and their employees have made and their vigilance to protect against the virus.”

Ducey said Arizona, unlike many other states, never shut down.

Tag: law