Supreme Court Won’t Hear Case on Military Draft

Lower courts had agreed with that assessment.

In 2019, Judge Gray H. Miller, of the Federal District Court in Houston, ruled that since women can now serve in combat, the men-only registration requirement was no longer justified. A unanimous three-judge panel of the United States Court of Appeals for the Fifth Circuit, in New Orleans, agreed that “the factual underpinning of the controlling Supreme Court decision has changed.” But it said that only the Supreme Court could overrule its own precedent.

The Trump administration defended the differing registration requirements in the appeals court. The Biden administration urged the Supreme Court not to hear the case, National Coalition for Men v. Selective Service System, No. 20-928, but it did not defend the constitutionality of the law. Instead, it asked the justices to give Congress more time to consider the matter.

Last year, a congressional commission concluded that expanding the registration requirement to women was “a necessary — and overdue — step” that “signals that both men and women are valued for their contributions in defending the nation.” That echoed recommendations from military leaders. But Congress, which has long been studying the question, has yet to act.

Men who fail to register can face harsh punishments, including criminal prosecution, denial of student loans and disqualification from citizenship. Eight states do not let men enroll in public universities unless they have registered.

The government has not drafted anyone since the Vietnam War, and there is no reason to think that will change. The challengers said that was a reason for the court to act now, before a crisis arises.

“Should the court declare the men-only registration requirement unconstitutional,” their brief said, “Congress has considerable latitude to decide how to respond. It could require everyone between the ages of 18 and 26, regardless of sex, to register; it could rescind the registration requirement entirely; or it could adopt a new approach altogether, such as replacing” the registration requirement “with a more expansive national service requirement.”

A group of retired military officers, along with the Center for Military Readiness, urged the court to deny review, saying the 1981 precedent was sound.

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Read the report

Page 30 of 73

Our Findings | Republican attempts to brand Democrats as “radicals” worked While practically everyone – candidates, journalists, Party leaders, and pundits – has focused on the impact of Defund the Police as a solo variable, it was just one of the multiple issues that Republicans used to paint Democrats as radicals • At one end of the spectrum, candidates like Rep. Spanberger (VA-07) shared widely reported concerns that Republican efforts to paint all Democrats as socialists who would defund the police cost us multiple seats this cycle • Similarly, Cameron Webb’s campaign (VA-05) constantly had to bat back claims that he supported defunding the police, even after running ads that featured local law enforcement as validators, and after the paper of record, the Roanoke Times, debunked the claim. It was particularly difficult for candidates of color to avoid these race-based attacks • This “Dem potpourri” included efforts to tie candidates to socialism, Medicare for All, the Green New Deal, Nancy Pelosi, AOC and “the Squad” (in these cases all framed as equally radical). These attacks were used to a greater or lesser degree depending on the unique constituencies of a given district • There was no one best way to counter these attacks, nor was there clear agreement even that we should address the issue in paid communications • The GOP consistently framed the moment in “law and order” terms, which resonated with voters on both the right and the left – including Latino men and women, as the April 2021 EquisLabs report “Portrait of a Persuadable Latino” called out • In other districts, Defund the Police was perceived as a minor blip among the other “Dem potpourri” attacks. For example, in FL-26, attacks against former Rep. Debbie Mucarsel-Powell focused more on messages of socialism and support for women’s choice – issues that were more effective with her Hispanic and Latino constituents • And in some races, such as the North Carolina Senate race, Defund the Police “was in the bloodstream because it was part of the presidential back and forth,” but it was never really a huge part of the Senate campaign messaging on either side How much Defund the Police dominated public discourse – and by extension how much it required campaign resources to address the issue – varied widely by state and district Based on interviews, data analysis, polling, and ads analysis, where Defund the Police had a significant impact, it was as a part of culturebased attack on Democrats that sought to stoke fears among voters about any candidate with a ‘D’ after their name 30

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Meadows Pressed Justice Dept. to Investigate Election Fraud Claims

Mr. Meadows’s outreach to Mr. Rosen was audacious in part because it violated longstanding guidelines that essentially forbid almost all White House personnel, including the chief of staff, from contacting the Justice Department about investigations or other enforcement actions.

“The Justice Department’s enforcement mechanisms should not be used for political purpose or for the personal benefit of the president. That’s the key idea that gave rise to these policies,” said W. Neil Eggleston, who served as President Barack Obama’s White House counsel. “If the White House is involved in an investigation, there is at least a sense that there is a political angle to it.”

Nevertheless, Mr. Meadows emailed Mr. Rosen multiple times in the end of December and on New Year’s Day.

On Jan. 1, Mr. Meadows wrote that he wanted the Justice Department to open an investigation into a discredited theory, pushed by the Trump campaign, that anomalies with signature matches in Georgia’s Fulton County had been widespread enough to change the results in Mr. Trump’s favor.

Mr. Meadows had previously forwarded Mr. Rosen an email about possible fraud in Georgia that had been written by Cleta Mitchell, a lawyer who worked with the Trump campaign. Two days after that email was sent to Mr. Rosen, Ms. Mitchell participated in the Jan. 2 phone call, during which she and Mr. Trump pushed Mr. Raffensperger to reconsider his finding that there had not been widespread voter fraud and that Mr. Biden had won. During the call, Mr. Trump asked Mr. Raffensperger to “find” him the votes necessary to declare victory in Georgia.

Mr. Meadows also sent Mr. Rosen a list of allegations of possible election wrongdoing in New Mexico, a state that Mr. Trump’s personal lawyer Rudolph W. Giuliani had said in November was rife with fraud. A spokesman for the state’s secretary of state said at the time that New Mexico’s elections were secure. To confirm the accuracy of the vote, auditors in the state hand-counted random precincts.

And in his request that the Justice Department investigate the Italy conspiracy theory, Mr. Meadows sent Mr. Rosen a YouTube link to a video of Brad Johnson, a former C.I.A. employee who had been pushing the theory in videos and statements that he posted online. After receiving the video, Mr. Rosen said in an email to another Justice Department official that he had been asked to set up a meeting between Mr. Johnson and the F.B.I., had refused, and had been asked to reconsider.

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A Push to Make Outdoor Dining Spaces Permanent

Good morning.

Across California, restaurants have taken over parking lots, sidewalks and streets for outdoor dining as the state has crawled back toward normalcy.

In some places, that has meant a couple of extra tables lined up along a curb. For other restaurants with more space nearby, it has meant setting up tents and more permanent barriers, like trellises or big planters, to add a little ambience to what had previously been unromantic patches of asphalt.

And across the state, diners, restaurant operators and city officials have all begun asking why they didn’t do this before.

State leaders have taken notice.

A bipartisan group of lawmakers introduced a bill that would pave the way for the temporary outdoor dining, alcohol sale and parklet regulations that are in place to become permanent. It passed the State Senate unanimously on Tuesday.

emergency guidance that said if a city allowed it, they could expand alcohol sales outside.

That’s been great, not just for bars or restaurants, but patrons like it. And it activates public spaces.

to make the outdoor dining program permanent.

There’s going to be a process; there will be public participation. It’s starting from a place where they’ve been doing it for a year — it shifts the dynamic.

Why do you think this particular effort has gotten such widespread bipartisan support? Why is it so important to so many lawmakers?

One of the things I love about state government is there are a number of issues that are not partisan. I think this idea has incredibly broad public support, and it combines a number of things: support for small businesses, activating public spaces, creating vibrant neighborhoods.

Do you have a sense for how the math is working out?

In the short term, you have restaurants that have struggled in the past year, and also restaurants have made these investments. It’s going to take people time to figure out what they want in the long term.

Some people aren’t going to want to dine indoors for a while. As capacity moves more toward 100 percent, different restaurants are going to make different calculations.

Some of the outdoor spaces might go away on their own. A lot of them are going to be permanent, and they’re going to work well. I think we’re going to see over the next six to 12 months. We’ll gather a lot of information about what the public wants.

Are there concerns about addressing the physical safety of some of these spaces, like ones built into the street without permanent bollards or barriers?

I think cities are already looking at ways to promote public safety, and obviously restaurants are in favor of that. Those details are going to be worked out at the local level.

Are there any particular areas in San Francisco or the Bay more broadly that you think have been transformed in particularly nice or creative ways?

In the Castro, we saw these really strong relationships between restaurants and bars develop. Some of the gay bars will partner with the taqueria a few doors down, and they have large spaces, so you’ve been able to have a drink and a burrito and drag shows — it’s just a really festive environment. The Castro gay bars thought very creatively and made it work.


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Don’t Eat Cicadas if You’re Allergic to Seafood, F.D.A. Warns

Cicadas are popping up by the billions across the Eastern United States this season, and are subsequently finding their way to the dining tables of adventurous foodies.

But people with a seafood allergy should avoid the crunchy insect, which are related to crustaceans, federal health officials warned on Wednesday.

known as Brood X, emerges from the ground on its regular 17-year cycle. The shrimp-sized, beady-eyed bugs with almost translucent wings are being prepared by professional chefs and at home in a variety of ways this year.

deep fried and others like them tossed into their Caesar salad. Bun Lai, the chef of a sustainable sushi restaurant in Connecticut, will present them in a fine-dining experience at his farm. And Frank’s RedHot, the 100-year-old hot sauce brand, released a string of cicada recipes including: caramel ’cada corn, chili lime ’cada tacos and a cicada “parm” slider.

Cicadas, which do not bite or sting and are not toxic, are also eaten by predators including birds and small mammals. They are gluten-free, high in protein, low in fat and low in carbohydrates, according to National Geographic.

But insects and crustaceans belong to the arthropod family. And according to a report from the Food and Agriculture Organization of the United Nations, the potential allergenic risks associated with edible insects needed further investigation.

People with existing allergies to crustaceans may develop allergic reactions to edible insects, which contain similar proteins, the report said.

The cicadas, whose quantities could reach tens of billions, are expected to appear in about 18 states for about six weeks. The Washington, D.C., area, Indiana and around Knoxville, Tenn., are the three Brood X cicada epicenters around the country.

While cicadas are generally not harmful to humans, the sharp buzz they make when looking for mates can be annoying.

The chance to feast on cicada dishes won’t last forever. Once the insects have mated and their eggs hatch, the developing cicadas, known as nymphs, will begin their 17-year cycle, feeding underground.

The next opportunity to feast on fresh Brood X cicadas will be in 2038.

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What Comes After a Mass Shooting

This wasn’t the first time San Jose’s mayor, Sam Liccardo, had been called upon to comfort community members grieving for loved ones killed in a mass shooting.

In 2019, “we lost two children,” he told me on Tuesday, referring to the deaths of two young city residents during a shooting at the Gilroy Garlic Festival.

Now, as then, Liccardo said, the first priority has been to ensure that survivors and families have access to counseling and support. But he said he also feels urgency to enact policies that might stem the tide of gun violence — even if long-sought federal gun control legislation has been elusive.

“Mayors don’t have the luxury of offering prayers and platitudes,” he said. “People expect concrete actions.”

insure their weapons or pay fees to keep them. The idea, he explained, is that guns are contributing to a public health crisis — and it’s expensive.

gun laws at every level have faced intense and sustained legal challenges. Liccardo told me he’s “not delusional” about the fact that a gun regulation ordinance would require a vigorous legal defense. But he said that city-level policy changes could provide ideas that Congress and even the state legislature would not be nimble enough to enact.

“No one would say that it would be ideal for each city to come up with its own policies,” he said. “But we recognize that cities can be laboratories for policy innovation.”

For more:


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Dissecting the California Recall

Good morning.

The coronavirus pandemic is rapidly receding in California, but for Gov. Gavin Newsom, at least one side effect has lingered: the Republican-led push to relieve him of his job.

How a Democratic star in the bluest of blue states could have ended up confronting a recall remains one of the more remarkable mysteries of the moment. In a perfect storm of partisan rage and pandemic upheaval, the effort to oust Newsom has become only the second recall attempt against a California governor to qualify for the ballot.

With only a few procedural steps remaining, a special election appears destined for autumn, or perhaps even sooner.

If you haven’t been paying attention to every detail — every reconsideration deadline, every Kodiak bear appearance, every Kruger mega-donation — we totally understand. So here’s the June edition of the California Recall Encyclopedia of 2021.

179 recall attempts have been made against state officeholders. Launching a recall effort in California is easy compared to most states, and every governor since 1960 has faced at least one.

But the vast majority of those efforts fizzle. California is enormous, with a population of nearly 40 million and at least five major media markets. The cost of campaigning statewide tends to thwart all but the most moneyed and determined critics.

Besides Newsom’s, only one other recall of a California governor, Gray Davis, has ever reached an election. Davis lost in 2003 to Arnold Schwarzenegger, who went on to face his own blitz of attempted recalls.

How do California recalls work?

Twelve percent of voters registered in the last gubernatorial election must sign a recall petition. They don’t need to give a reason, but they often do. The petition must include at least 1 percent of the registered voters in at least five counties. Proponents have 160 days to gather their signatures.

The signatures must then be examined and verified by the California secretary of state. If the petitions meet the threshold — 1,495,709 valid signatures in this case — voters who signed get 30 business days to change their minds. Newsom’s critics have turned in more than 1.7 million signatures, and voters have until June 8 to reconsider.

set an election between 60 and 80 days from the date of certification. If the proposed date is close enough to a regularly scheduled election, the deadline can be extended to 180 days.

Who can run in a recall?

Candidates to replace the governor must be U.S. citizens and registered to vote in California, and must pay a filing fee of about $4,000 or submit signatures from 7,000 supporters. They cannot be convicted of certain felonies, and they cannot be the governor up for recall. They have until 59 days before the election to file.

The ballot asks voters two questions: Should the governor be recalled? And if so, who should be the new governor? If the majority of voters say no to the first question, the second is moot. But if more than 50 percent vote yes, the candidate with the most votes becomes the next governor. The 2003 winner, Schwarzenegger, only had 48.6 percent of the vote.

live Kodiak bear, and Caitlyn Jenner, a reality television star and former Olympic athlete.

55,588 signatures on the day of the dinner, had nearly half a million a month after Nov. 6.

The latest poll, done in early May by the Public Policy Institute of California, found that nearly six in 10 likely voters would vote to keep Newsom, and 90 percent of likely voters believe the worst of the pandemic is behind the state.

Supporters of the recall have raised approximately $4.6 million, and opponents have raised about $11.1 million, according to the nonprofit news site CalMatters. Thirty-seven candidates have officially announced their intention to challenge Newsom in the recall.

After nearly 3.8 million cases and more than 63,000 deaths, coronavirus infections are as low now as they were at the start of the pandemic, and 56 percent of Californians have received at least one vaccination shot. The state is running a record budget surplus as the stock market has soared and fewer white-collar Californians lost their jobs than expected. Reopening is scheduled for June 15.

Could this happen in other states?

Most states don’t allow recalls at the state level. If voters want a new governor, the argument goes, they can wait for the next election and vote. Only four gubernatorial recalls in U.S. history have even made it onto the ballot, according to the National Conference of State Legislatures: in 1921 in North Dakota, in 1988 in Arizona, in 2003 in California and in 2012 in Wisconsin.

according to Joshua Spivak, a senior fellow at Wagner College’s Hugh L. Carey Institute for Government Reform. Twelve recall campaigns focused explicitly on how the pandemic was handled. But only California’s got off the ground.


highly disgruntled employee who had angry outbursts on the radio system and had told his ex-wife he had wanted to beat up or kill his colleagues, The San Jose Mercury News reports.

  • A ransomware attack on the Azusa police put crime-scene photos, payroll files for officers and other highly sensitive material online, The Los Angeles Times reports.

  • A homeless man who was captured on video attacking an Asian-American police officer in San Francisco on Friday was being held on hate crime and other charges, The San Francisco Chronicle reports.

  • Amid a push to continue working from home as the pandemic wanes, developers in the San Joaquin Valley and other areas are racing to build homes in places that buyers used to regard as outside the limits of an acceptable commute.

  • The San Diego Union-Tribune tells the Memorial Day story of Rudy Martinez, a 22-year-old San Diegan and Navy sailor who was the first Mexican-American to die in World War II.

  • A San Bernardino County sheriff’s deputy was shot and killed on Monday by a motorcyclist who had led the authorities on a chase in the Yucca Valley area. The deputy, Sergeant Dominic Vaca, 43, was a 17-year veteran of the department, ABC 7 reports.

  • It is a time of journalistic soul-searching at The Press Democrat in Sonoma County, after a wine country mayor resigned amid allegations of sexually abusing women. Its top editor admitted the newspaper failed to pursue the story when a reporter first brought forward the accusations. The reporter, Alexandria Bordas, left the paper and took the story to The San Francisco Chronicle, The Los Angeles Times reports.

  • Motorists on one Southern California freeway got an unexpected visitor on Monday. A single-engine Cessna plane made an emergency landing on the southbound lanes of the 101 freeway in the city of Westlake Village, NBC4 Los Angeles reports.

  • California Today goes live at 6:30 a.m. Pacific time weekdays. Tell us what you want to see: CAtoday@nytimes.com. Were you forwarded this email? Sign up for California Today here and read every edition online here.

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    Retired F.B.I. Agent Is Accused of Swindling Texas Woman Out of $800,000

    Mr. Stone also told the woman that she was forbidden to disclose her probation status to anyone, and that if she did not comply with these terms, she could be imprisoned and lose custody of her children, prosecutors said.

    To convince the victim that the probation was real, prosecutors said, Mr. Stone arranged for another person, who was not identified, to leave messages on the victim’s telephone purported to be from the “Intelligence Center” of the U.S. Drug Enforcement Administration. Mr. Stone also arranged for telephone calls between himself, the victim and this unnamed third person, who pretended to be Judge Anderson, prosecutors said.

    It is not clear what relationship, if any, Mr. Stone had with the victim before November 2015. But at some point, Mr. Stone raised the prospect of their relationship turning romantic, prosecutors said. “At one point, he allegedly proposed to marry her, claiming he would then seek discharge of her probation,” prosecutors said in a statement.

    Mr. Stone’s scheme was effective, prosecutors said. The victim gave him “over $800,000 in money and property,” according to the indictment. Prosecutors said property linked to Mr. Stone’s dealings with the woman included a home on Kennedy Drive in Colleyville, Texas, a 2017 Toyota Tacoma and a 2016 Mercedes CLS.

    How Mr. Stone was able to carry out the scam for more than three years, and what touched off the investigation by law enforcement officials, was not immediately clear. The case was investigated by the Texas Rangers and the U.S. Department of Justice Office of Inspector General, with help from the Fort Worth Police Department, prosecutors said.

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