law

France’s major July 1 law change everyone needs to follow – or risk £113

A new law will make it illegal to do something that’s common in the UK – and holidaymakers could face a hefty fine if they are caught breaking this rule.

Tourists visiting France this summer will need to be aware of the new rules - or risk fines
Tourists visiting France this summer will need to be aware of the new rules – or risk fines(Image: Getty Images)

People jetting off to France for their summer getaway must be aware of this crackdown on a common behaviour that some won’t think twice about. From July, French police could hand out fines every time they spot someone breaking the rule.

A BBC report shared that, from July 1, France will get tougher on smokers and implement a major ban on smoking in public places, including beaches, parks and outside schools. The clampdown aims to protect children from the harmful effects of second-hand smoke, reports Wales Online.

According to the NHS, second-hand smoke or passive smoke can damage their health of those around you. The health trust claimed: “People who breathe in secondhand smoke regularly are more likely to get the same diseases as smokers, including lung cancer and heart disease.”

Ignorance won’t be an excuse for rule-breakers who could face a €135 penalty (that’s about £113 or $153). France’s minister for children, health and family, Catherine Vautrin, said enforcement duties have been passed onto the police, but with a nudge that the public should also aim to “self-regulate.”

She told Ouest-France daily: “Tobacco must disappear where there are children”. With around 16.4 million residents in France over the age of 15 smoking, it is a habit deeply ingrained in French culture, revealed by a Global Action to End Smoking stat.

France's minister for children, health and family Catherine Vautrin
France’s minister for children, health and family Catherine Vautrin(Image: Thierry NECTOUX/GAMMA RAPHO via Getty)

The French government isn’t taking this ban lightly, and plans are in the works to ensure people take note through signs and campaigns promoting good practice. This move extends the smoke-free zones already in place across parts of France, which has seen smoking banned in restaurants and clubs since 2008.

Brits visiting France may find it tricky to break their habits with the new rule, as the UK’s smoking laws only apply indoors. Since July 2007, smoking in enclosed public spaces and workplaces has been banned in the UK.

However, in 2024, the BBC reported that the UK Government is contemplating similar measures by extending legislation in England to outdoor areas like playgrounds and hospital grounds to “protect children and the most vulnerable from the harms of second-hand smoke”.

The ban will take effect from July 1, 2025
The ban will take effect from July 1, 2025(Image: Dazeley via Getty)

In France, once the new law is in place, smoking will still be permitted in outdoor areas of cafes and bar terraces. While electronic cigarettes are not included in the ban, the country is set to tighten vaping regulations soon.

Hotels typically allocate a few rooms for smokers. If you don’t specify you want one upon booking, you’ll be placed in a non-smoking room, according to the French Rivera Traveller.

The BBC said that, according to the French Monitoring Centre for Drugs and Drug Addiction, nearly a quarter (23.1%) of the French population smokes daily. France’s National Committee Against Smoking adds that over 75,000 smokers die annually from tobacco-related illnesses – 13% of all deaths.

A recent report by the French cancer association La Ligue Contre le Cancer reveals that almost 80% of French people support a ban on smoking in public places like woodlands, beaches, parks, and terraces.

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20 EU countries call on Hungary to reverse its anti-LGBTQ+ law banning Pride

Twenty countries in the European Union have called on Hungary to repeal its archaic ban on Pride and other LGBTQIA+ events.

Earlier this year, Hungarian lawmakers passed two pieces of legislation that further restricted the rights of the country’s LGBTQIA+ residents.

In March, the ruling Fidesz party submitted a bill that would make it illegal to organise or attend events that violate Hungary’s “child protection laws, which prohibit the “depiction or promotion of homosexuality to those under 18.⁠

The legislation also allows police to use facial recognition cameras to identify individuals attending the events and give out fines of up to 200,000 Hungarian forints.

After being introduced in the parliament, the measure was swiftly passed and signed into law by the country’s extremely conservative Prime Minister Viktor Orbán.

A few weeks later, lawmakers passed an amendment to Hungary’s constitution, banning LGBTQIA+ public events and declaring that only two genders – male and female – would be recognised.

In response to the draconian law and amendment, LGBTQIA+ organisations, activists and allies have slammed the government and Orbán, with many taking to the streets to protest.

The horrific pieces of legislation have also caught the attention of 20 EU countries, which urged Hungary to revise its harmful measures in a statement released on 27 May.

“We are highly alarmed by these developments which run contrary to the fundamental values of human dignity, freedom, equality and respect for human rights, as laid down in Artice 2 of the Treaty of the European Union,” they wrote.

“Respecting and protecting the human rights and fundamental freedoms of all people, including LGBTIQ+ persons, is inherent in being part of the European family. This is our responsibility and the shared commitment of the member states and the European institutions.

“We therefore call upon Hungary to revise these measures to ensure the human rights and fundamental freedoms of all its citizens are respected and protected, thus complying with its international obligations.”

The declaration was backed by France, Germany, Ireland, Greece, Netherlands, Portugal, Slovenia, Spain, Sweden, Czechia, Cyprus, Belgium, Austria, Luxembourg, Malta, Estonia, Finland, Slovenia, Latvia, and Lithuania.

In addition to the joint statement, EU affairs ministers met in Brussels that same day to discuss Hungary’s harmful and anti-LGBTQIA+ laws. 

“I think it’s time that we consider the next steps, because this is getting pointless in continuing these hearings,” EU affairs minister of Sweden Jessica Rosencrantz, told the Associated Press.

“[The EU is] not a geographical union but a union based on values, and in that sense, we have to act strongly against countries not living up to our common principles.”



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Federal trade court blocks Trump from imposing sweeping tariffs under emergency powers law

A federal trade court on Wednesday blocked President Trump from imposing sweeping tariffs on imports under an emergency-powers law.

The ruling from a three-judge panel at the New York-based Court of International Trade came after several lawsuits arguing Trump has exceeded his authority, left U.S. trade policy dependent on his whims and unleashed economic chaos.

The White House did not immediately respond to a message seeking comment. The Trump administration is expected to appeal.

At least seven lawsuits are challenging the levies, the centerpiece of Trump’s trade policy.

Tariffs must typically be approved by Congress, but Trump has says he has the power to act because the country’s trade deficits amount to a national emergency. He imposed tariffs on most of the countries in the world at one point, sending markets reeling.

The plaintiffs argue that the 1977 International Emergency Economic Powers Act does not authorize the use of tariffs.

Even if it did, they say, the trade deficit does not meet the law’s requirement that an emergency be triggered only by an “unusual and extraordinary threat.” The U.S. has run a trade deficit with the rest of the world for 49 consecutive years.

Trump’s tendency to levy extremely high import taxes and then retreat has created what’s known as the “TACO” trade, an acronym coined by the Financial Times’ Robert Armstrong that stands for “Trump Always Chickens Out.” Markets generally sell off when Trump makes his tariff threats and then recover after he backs down.

Trump was visibly offended when asked about the phrase Wednesday and rejected the idea that he’s “chickening out,” saying that the reporter’s inquiry was “nasty.”

“You call that chickening out?” Trump said. “It’s called negotiation,” adding that he sets a “ridiculous high number and I go down a little bit, you know, a little bit” until the figure is more reasonable.

Trump defended his approach of jacking up tariff rates to 145% on Chinese goods, only to pull back to 30% for 90 days of negotiations. He similarly last week threatened to impose a 50% tax on goods from the European Union starting in June, only to delay the tariff hike until July 9 so that negotiations can occur while the baseline 10% tariff continues to be charged. Similar dramas have played out over autos, electronics and the universal tariffs that Trump announced on April 2 that were based in part on individual trade deficits with other countries.

Trump imposed tariffs on most of the countries in the world in an effort to reverse America’s massive and longstanding trade deficits. He earlier plastered levies on imports from Canada, China and Mexico to combat the illegal flow of immigrants and the synthetic opioids across the U.S. border.

His administration argues that courts approved then-President Richard Nixon’s emergency use of tariffs in 1971, and that only Congress, and not the courts, can determine the “political” question of whether the president’s rationale for declaring an emergency complies with the law.

Trump’s Liberation Day tariffs shook global financial markets and led many economists to downgrade the outlook for U.S. economic growth. So far, though, the tariffs appear to have had little impact on the world’s largest economy.

A lawsuit was filed by a group of small businesses, including a wine importer, V.O.S. Selections, whose owner has said the tariffs are having a major impact and his company may not survive.

A dozen states also filed suit, led by Oregon. “This ruling reaffirms that our laws matter, and that trade decisions can’t be made on the president’s whim,” Atty. Gen. Dan Rayfield said.

Whitehurst and Boak write for the Associated Press. A.P. writers Zeke Miller and Paul Wiseman contributed to this report.

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Supreme Court denies student’s right to wear “only two genders” T-shirt at school

The Supreme Court on Tuesday turned down a middle-school student’s claim he had a free-speech right to wear a T-shirt stating there are “only two genders.”

Over two dissents, the justices let stand a ruling that said a school may enforce a dress code to protect students from “hate speech” or bullying.

After three months of internal debate, the justices decided they would not take up another conservative culture-war challenge to progressive policies that protect LGBTQ+ youth.

Justice Samuel A. Alito Jr. filed a 14-page dissent joined only by Justice Clarence Thomas. He said the case “presented an issue of great importance for our nation’s youth: whether public schools may suppress student speech because it expresses a viewpoint the schools disfavor.”

Liam Morrison, a seventh-grader from Massachusetts, said he was responding to his school’s promotion of Pride Month when students were encouraged to wear rainbow colors and posters urged them to “rise up to protect trans and gender-nonconforming students.”

Two years ago, he went to school wearing a black T-shirt that said “There are only two genders.”

A teacher reported him to the principal, who sent him home to change his shirt. A few weeks later, he returned with the word “censored” taped over the words “two genders” and was sent home again.

The T-shirt dispute asked the Supreme Court to decide whether school officials may limit the free expression of some students to protect others from messages they may see as offensive or hurtful.

In March, the court voted to hear a free-speech challenge to laws in California and 21 other states that prohibit licensed counselors from using “conversion therapy” with minors.

That case, like the one on school T-shirts, arose from appeals by the Alliance Defending Freedom, a Christian legal group. It has already won free-speech rulings that allowed a cake maker and a website designer to refuse to participate in same-sex weddings despite state laws that barred discrimination based on sexual orientation.

On April 22, the court sounded ready to rule for religious parents in Montgomery County, Md., who seek the right to have their young elementary children “opt out” of the classroom use of new “LGBTQ-inclusive” storybooks.

The T-shirt case came before the court shortly after President Trump’s executive order declaring the U.S. government will “recognize two sexes, male and female,” not “an ever-shifting concept of self-assessed gender identity.”

Although the Supreme Court has yet to rule on T-shirts and the 1st Amendment, lower courts have upheld limits imposed by schools.

In 2006, the 9th Circuit Court in a 2-1 decision upheld a move by school officials at Poway High School in San Diego to bar a student from wearing a T-shirt that said “Homosexuality is shameful.” The appeals court said students are free to speak on controversial matters, but they are not free to make “derogatory and injurious remarks directed at students’ minority status such as race, religion and sexual orientation.”

Other courts have ruled schools may prohibit a student from wearing a Confederate flag on a T-shirt.

In the new case from Massachusetts, the boy’s father said his son’s T-shirt message was not “directed at any particular person” but dealt with a “hot political topic.”

In their defense, school officials pointed to their policy against bullying and a dress code that says “clothing must not state, imply, or depict hate speech or imagery that target groups based on race, ethnicity, gender, sexual orientation, gender identity, religious affiliation, or any other classification.”

Lawyers for the Alliance Defending Freedom sued on the student’s behalf and argued the school violated his rights under the 1st Amendment. They lost before a federal judge in Boston who ruled for school officials and said the T-shirt “invaded the rights of the other students … to a safe and secure educational environment.”

The 1st Circuit Court agreed as well, noting that schools may limit free expression of students if they fear a particular message will cause a disruption or “poison the atmosphere” at school.

The Supreme Court’s most famous ruling on student rights arose during the Vietnam War. In 1969, the Warren court ruled for high school students who wore black armbands as a protest.

In Tinker vs. Des Moines, the court said students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. … For school officials to justify prohibition of a particular expression of opinion, [they] must be able to show that its action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint.”

The justices said then a symbolic protest should be permitted so long as it did not cause a “substantial disruption of or material interference with school activities.”

The attorneys for Liam Morrison contended he should win under that standard.

“This case isn’t about T-shirts. It’s about public school telling a middle-schooler that he isn’t allowed to express a view that differs from their own,” said David Cortman, an Alliance Defending Freedom attorney in the case of L.M. vs. Town of Middleborough.

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Trump threatens to strip federal funds to California over transgender youth athletes

President Donald Trump on Tuesday threatened to cut federal funding to California if the state continues allowing transgender athletes to compete in women’s sports.

Trump blasted Gov. Gavin Newsom in an early morning post on Truth Social saying the state under his leadership “continues to ILLEGALLY allow MEN TO PLAY IN WOMEN’S SPORTS.”

“I will speak to him today to find out which way he wants to go???” Trump said of Newsom. “In the meantime I am ordering local authorities, if necessary, to not allow the transitioned person to compete in the State Finals. This is a totally ridiculous situation!!!”

The president’s post appeared to reference a California high school junior who won the women’s long jump and triple jump during the California Interscholastic Federation Southern Section Masters Meet over the weekend.

California is the second state to enter Trump’s cross-hairs over transgender athletes participation in youth sports. Last month, Trump began the process of stripping Maine of federal education dollars in a battle over the issue between the president and Maine Gov. Janet Mills. The dispute immediately landed in court.

Unlike the governor of Maine, Newsom recently said it was “deeply unfair” for people born as biological men to compete in women’s sports. He has not responded to Trump’s post.

When asked at a press conference in April if California should adopt a law restricting transgender athletes from competing in women’s sports, the governor said he’s open to the discussion.

“You’re talking about a very small number of people, a very small number of athletes, and my responsibility is to address the pressing issues of our time,” Newsom said, before adding that the conversation has been weaponized by conservatives.

“And to the extent that someone could find that right balance, I would embrace those conversations and the dignity that hopefully presents themselves in that conversation, meaning the humanity around that conversation, not the politics around that conversation.”

This isn’t the first time Trump has threatened to cut funding, particularly education dollars, to California.

In an April letter to Newsom, the Trump-appointed head of the U.S. Department of Agriculture conditioned its aid to abiding by Trump directives — and cited a federal investigation into a state law that prohibits schools from automatically notifying families about student gender-identity changes and shields teachers from retaliation for supporting transgender student rights.

California also joined other states in April when it defied a Trump administration order to certify that the state’s 1,000 school districts have ended all diversity, equity and inclusion programs. That Trump order, too, arrived with federal threats to cut billions of dollars in education funding if the state did not comply.

One uncertainty in Trump’s latest social media post was whether he was referring to education funding alone or additional federal support for California — which could include, for example, disaster relief, food aid for the poor and dollars to support low-income housing.

California has long sent more money to Washington, D.C. in federal tax revenue than it receives in federal support, according to Newsom. Regardless, the funding that California relies on is significant.

While it’s difficult to calculate the total dollar amount California receives from the federal government in education funding, some tallies have put the annual figure at $16.3 billion — or about $2,750 per K-12 student. That money includes funding for school meals, students with disabilities and early education Head Start programs.

The state also receives more than $2.1 billion in Title I grants to counteract the effects of poverty — more than any other state — with about $417 million provided to Los Angeles Unified, according to the California Department of Education.

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French farmers protest in Paris for law loosening environmental regulations | Agriculture News

Farmers demonstrate against changes to legislation that would ease restrictions on pesticide and water use in farming.

French farmers have disrupted highway traffic around Paris and rallied in front of parliament to protest against amendments filed by opposition lawmakers to a bill that would loosen environmental regulations on farming.

Members of France’s leading farming union, the FNSEA, parked about 10 tractors outside the National Assembly on Monday to put pressure on MPs, who began debating the legislation in the afternoon.

The legislation, tabled by far-right MP Laurent Duplomb, proposes simplifying approvals for breeding facilities, loosening restrictions around water use to promote irrigation reservoirs and reauthorising a banned neonicotinoid pesticide used in sugar beet cultivation that environmentalists say is harmful to bees.

The proposed law is part of a wider trend in numerous European Union states to unwind environmental legislation as farmers grapple with rising costs and households struggle with the cost-of-living crisis.

More than 150 farmers from the Ile-de-France, Grand Est and Provence-Alpes-Cote d’Azur regions gathered peacefully in front of the National Assembly, drinking coffee and eating croissants, after blocking the main roads around the capital.

“This bill to lift the constraints on the farming profession is very important to us,” FNSEA Secretary-General Herve Lapie told the AFP news agency.

“What we are asking for is simply to be able to work in a European environment: a single market, a single set of rules. We’ve been fighting for this for 20 years. For once, there’s a bill along these lines. … We don’t have the patience to wait any longer.”

The FNSEA and its allies say the neonicotinoid pesticide acetamiprid, which has been prohibited in France since 2018 due to environmental and health concerns, should be authorised in France like it is across the EU because it is less toxic to wildlife than other neonicotinoids and stops crops from being ravaged by pests.

Environmental campaigners and some unions representing small-scale and organic farmers say the bill benefits the large-scale agriculture industry at the expense of independent operators.

President Emmanuel Macron’s opponents on the political left have proposed multiple amendments that the protesting farmers said threatened the bill.

“We’re asking the lawmakers, our lawmakers, to be serious and vote for it as it stands,” Julien Thierry, a grain farmer from the Yvelines department outside Paris, told The Associated Press news agency, criticising politicians from the Greens and left-wing France Unbowed (LFI).

Ecologists party MP Delphine Batho said the text of the bill is “Trump-inspired” while LFI MP Aurelie Trouve wrote in an article for the French daily Le Monde that it signified “a political capitulation, one that marks an ecological junction”.

FNSEA chief Arnaud Rousseau said protests would continue until Wednesday with farmers from the Centre-Val de Loire and Hauts-de-France regions expected to join their colleagues.

Protests are also expected in Brussels next week, targeting the EU’s environmental regulations and green policies.

Farmers across France and Europe won concessions last year after railing against cheap foreign competition and what they say are unnecessary regulations.

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California pushes back on federal rule challenging sanctuary state law

Migrants surrender to the U.S. Border Patrol after crossing the border wall from Mexico near Campo, California, about 50 miles from San Diego, in 2024. File photo by Pat Benic/UPI | License Photo

May 25 (UPI) — Federal officials are considering removing undocumented immigrants in California custody as an attempt to undermine the state’s sanctuary law.

“Operation Guardian Angel” is intended to “neutralize” sanctuary state rules, U.S. Atty. Bill Essaylie, the top federal prosecutor in Los Angeles explained.

The program employs federal resources at county jails and state prisons — the places where federal officials say the sanctuary law impedes the work of immigration agents to take custody.

“These laws effectively render federal immigration detainers meaningless,” Essaylie said. “While California may be presently disregarding detainers, it cannot ignore federal arrest warrants.”

An immigration detainer allows local law enforcement agencies to detain people for up to 48 hours beyond their scheduled release to allow for a transfer to federal custody.

Despite federal efforts to weaken the sanctuary law, local officials have said they will continue to enforce it and protect immigrants whom “Operation Guardian Angel” targets.

“This is just another scare tactic to get us to follow this authoritarian agenda, but it’s not going to work,” Los Angeles City Councilmember Hugo Soto-Martinez said.

Essaylie’s office identifies people with criminal records who have been deported and charges them with a federal crime if they re-enter the United States.

California officials have said they already cooperate with federal agents with regards to undocumented immigrants who have committed crimes.

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Supreme Court upholds for now Trump’s firing of two independent agency officials

The Supreme Court on Thursday upheld, for now, President Trump’s decision to fire two agency officials who had fixed terms that were set by Congress.

By a 6-3 vote, the justices set aside rulings that would have reinstated Gwynne Wilcox to the National Labor Relations Board and Cathy Harris to the Merit Systems Protection Board. Both were appointees of President Biden.

The decision is the latest in which the court’s conservative majority sided with the president’s power to fire agency officials in violation of long-standing laws.

“Because the Constitution vests the executive power in the President, he may remove without cause executive officers who exercise that power on his behalf,” the court said in an unsigned order.

But the justices were quick to add the Federal Reserve Board is not affected by this decision.

“The Federal Reserve is a uniquely structured, quasi-private entity that follows in the distinct historical tradition of the First and Second Banks of the United States,” the court said.

President Trump has threatened to fire Fed Chair Jerome Powell, whose term extends to next year.

At issue is a fundamental dispute over whether the Constitution gave the president or Congress the power to set the structure of the federal government.

In 1935, the court ruled unanimously that Congress can create independent and “nonpartisan” boards and commissions whose members are appointed by the president for a fixed term. The court then drew a distinction between “purely executive officers” who were under the president’s control and members of boards whose duties were more judicial or legislative.

But in recent years, conservatives have questioned that precedent and argued that the president has the executive power to hire and fire all officials of the government.

Shortly after taking office, Trump fired Wilcox and Harris even though their terms had not expired. They sued contending the firings were illegal and violated the law.

They won before a federal judge and the U.S. court of appeals.

Those judges cited the Supreme Court’s 1935 decision that upheld Congress’ authority to create independent boards whose members are appointed by the president to serve a fixed-term.

Trump’s lawyers say the Constitution gives the president full executive power, including control of agencies. And that in turns gives him the authority to fire officials who were appointed to a fixed term by another president, they said in Trump vs. Wilcox.

Justice Elena Kagan filed an eight-page dissent joined by Justices Sonia Sotomayor and Ketanji Brown Jackson.

“Today’s order favors the President over our precedent; and it does so unrestrained by the rules of briefing and argument—and the passage of time— needed to discipline our decision-making,” Kagan wrote. “I would deny the President’s application. I would do so based on the will of Congress, this Court’s seminal decision approving independent agencies’ for-cause protections, and the ensuing 90 years of this Nation’s history.”

The court said its decision was not final.

The NLRB was created by Congress in 1935 as a semi-independent agency tasked with enforcing the labor laws. Its general counsel serves as a prosecutor while the board‘s five members act as judges who review administrative decisions arising from unfair-labor claims brought by unions.

Under the law, the president appoints the general counsel who can be fired but board members have five-year terms. They may be fired for “neglect of duty or malfeasance in office,” but not simply because of political disagreements.

Trump could have controlled the board by appointing members to fill two vacancies. He chose instead to fire Wilcox, leaving the board without a quorum of three members.

Wilcox argued there was no reason to rush to change the law.

“Over the past two centuries, Congress has embedded modest for-cause removal restrictions in the structure of numerous multi-member agencies,” she said in response to the administration’s appeal. She noted that all past presidents — Republicans and Democrats — did not challenge those limits.

The Merit System Protections Board was created by Congress in 1978 as a part of a civil service reform law. Its three board members have seven-year terms, and they review complaints from federal civil servants who allege they were fired for partisan or other inappropriate reasons.

Trump’s decision to fire Harris also left the board without a quorum.

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Supreme Court splits 4-4, blocking first religious charter school in Oklahoma

The Supreme Court dealt an unexpected blow Thursday to the conservative drive for religious charter schools.

The justices announced they were split 4-4 in a test case heard last month from Oklahoma, which blocks the new Catholic charter school in the state.

Justice Amy Coney Barrett had announced in advance she would not participate in the decision. A former Notre Dame law professor, she was a close friend of law professor Nicole Garnett, who led the drive for faith-based charter schools.

Chief Justice John G. Roberts sounded uncertain during the oral argument in late April. In the past, he had said states may not discriminate against religious groups, but Oklahoma’s law applied only to public schools, not private ones that were religious.

Defenders of church-state separation had argued that charter schools by law were public, not “sectarian” or religious. They urged the court to uphold the laws as written.

Four other conservative justices had signaled they would vote to allow the religious charter school.

While Thursday’s split decision is a major setback for religious rights advocates, it does not finally settle the issue of religious charter schools. It’s possible, for example, that Justice Barrett may participate in a future case.

This is a breaking news story and will be updated.

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CalRecycle introduces revised landmark waste law regulations

State waste officials have taken another stab at rules implementing a landmark plastic waste law, more than two months after Gov. Gavin Newsom torpedoed their initial proposal.

CalRecycle, the state agency that oversees waste management, recently proposed a new set of draft regulations to implement SB 54, the 2022 law designed to reduce California’s single-use plastic waste. The law was designed to shift the financial onus of waste reduction from the state’s people, towns and cities to the companies and corporations that make the polluting products. It was also intended to reduce the amount of single use plastics that end up in California’s waste stream.

The draft regulations proposed last week largely mirror the ones introduced earlier this year, which set the rules, guidelines and parameters of the program — but with some minor and major tweaks.

The new ones clarify producer obligations and reporting timelines, said organizations representing packaging and plastics companies, such as the Circular Action Alliance and the California Chamber of Commerce.

But they also include a broad set of exemptions for a wide variety of single-use plastics — including any product that the U.S. Food and Drug Administration and the U.S. Department of Agriculture has jurisdiction over, which includes all packaging related to produce, meat, dairy products, dog food, toothpaste, condoms, shampoo and cereal boxes, among other products.

The rules also leave open the possibility of using chemical or alternative recycling as a method for dealing with plastics that can’t be recycled via mechanical means, said people representing environmental, recycling and waste hauling companies and organizations.

California’s Attorney General, Rob Bonta, filed a suit against ExxonMobil last year that, in part, accuses the oil giant of deceptive claims regarding chemical recycling, which the company disputes.

Critics say the introduction of these exemptions and the opening for polluting recycling technologies will undermine and kneecap a law that just three years ago Newsom’s office described as “nation-leading” and “the most significant overhaul of the state’s plastic and packaging policy in history.”

The “gaping hole that the new exemptions have blown” into the bill make it unworkable, practically unfundable, and antithetical to its original purpose of reducing plastic waste, said Heidi Sanborn, director of the National Stewardship Action Council.

Last March, after nearly three years of negotiations among various corporate, environmental, waste, recycling and health stakeholders, CalRecycle drafted a set of finalized regulations designed to implement the single-use plastic producer responsibility program under SB 54.

But as the deadline for implementation approached, industries that would be affected by the regulations including plastic producers and packaging companies — represented by the California Chamber of Commerce and the Circular Action Alliance — began lobbying the governor, complaining the regulations were poorly developed and might ultimately increase costs for California taxpayers.

Newsom allowed the regulations to expire and told CalRecycle it needed to start the process over.

Daniel Villaseñor, a spokesman for the governor, said Newsom was concerned about the program’s potential costs for small businesses and families, which a state analysis estimated could run an extra $300 per year per household.

He said the new draft regulations “are a step in the right direction” and they ensure “California’s bold recycling law can achieve its goal of cutting plastic pollution,” said Villaseñor in a statement.

John Myers, a spokesman for the California Chamber of Commerce, whose members include the American Chemistry Council, Western Plastics Assn. and the Flexible Packaging Assn., said the chamber was still reviewing the changes.

CalRecycle is holding a workshop next Tuesday to discuss the draft regulations. Once CalRecycle decides to finalize the regulations, which experts say could happen at any time, it moves into a 45 day official rule making period during which time the regulations are reviewed by the Office of Administrative Law. If it’s considered legally sound and the governor is happy, it becomes official.

The law, which was authored by Sen. Ben Allen (D- Santa Monica) and signed by Newsom in 2022, requires that by 2032, 100% of single-use packaging and plastic foodware produced or sold in the state must be recyclable or compostable, that 65% of it can be recycled, and that the total volume is reduced by 25%.

The law was written to address the mounting issue of plastic pollution in the environment and the growing number of studies showing the ubiquity of microplastic pollution in the human body — such as in the brain, blood, heart tissue, testicles, lungs and various other organs.

According to one state analysis, 2.9 million tons of single-use plastic and 171.4 billion single-use plastic components were sold, offered for sale, or distributed during 2023 in California.

Most of these single-use plastic packaging products cannot be recycled, and as they break-down in the environment — never fully-decomposing — they contribute to the growing burden of microplastics in the air we breathe, the water we drink, and the soil that nourishes our crops.

The law falls into a category of extended producer responsibility laws that now regulate the handling of paint, carpeting, batteries and textiles in California — requiring producers to see their products throughout their entire life cycle, taking financial responsibility for their products’ end of life.

Theoretically such programs, which have been adopted in other states, including Washington, Oregon and Colorado, spur technological innovation and potentially create circular economies — where products are designed to be reused, recycled or composted.

Sanborn said the new exemptions not only potentially turn the law “into a joke,” but will also dry up the program’s funding and instead put the financial burden on the consumer and the few packaging and single-use plastic manufacturers that aren’t included in the exemptions.

“If you want to bring the cost down, you’ve got to have a fair and level playing field where all the businesses are paying in and running the program. The more exemptions you give, the less funding there is, and the less fair it is,” she said.

In addition, because of the way residential and commercial packaging waste is collected, “it’s all going to get thrown away together, so now you have less funding” to deal with the same amount of waste, but for which only a small number of companies will be accountable for sorting out their material and making sure it gets disposed of properly.

Others were equally miffed, including Allen, the bill’s author, who said in a statement that while there are some improvements in the new regulations, there are “several provisions that appear to conflict with law,” including the widespread exemptions and the allowance of polluting recycling technologies.

“If the purpose of the law is to reduce single-use plastic ad plastic pollution,” said Anja Braden from the Ocean Conservancy, these new regulations aren’t going to do it — they are “inconsistent with the law and fully undermine its purpose and goal.”

She also said the exemptions preclude technological innovation, dampening incentives for companies to explore new recyclable and compostable packaging materials.

Nick Lapis with Californians Against Waste, said his organization was “really disappointed to see the administration caving to industry on some core parts of this program,” and also noted his read suggests many of the changes don’t comply with the law.

Next Tuesday, the public will have an opportunity to express their concerns at a rulemaking workshop in Sacramento.

However, Sanborn fears there will be little time or appetite from the agency or the governor’s office to make substantial changes to the new regulations.

“They’re basically already cooked,” said Sanborn, noting CalRecycle had already accepted public comments during previous rounds and iterations.

“California should be the leader at holding the bar up in this space,” she said. “I’m afraid this has dropped the bar very low.”

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Law requiring clergy to report child abuse anti-Catholic, DOJ claims

SALT LAKE CITY, May 22 (UPI) — A new Washington state law that requires members of the clergy to report child abuse or neglect, including when the information is revealed in confession, is being investigated by the U.S. Department of Justice Civil Rights Division.

The DOJ claims the law is anti-Catholic and appears on its face to violate the First Amendment. The investigation, which was announced earlier this month, will look at the development and passage of Senate Bill 5375.

The bill, which adds clergy members to the list of mandatory reporters, was passed by the Senate in a 28-20 vote and 64-31 by the House. It was signed into law May 2 by Gov. Bob Ferguson and is to go into effect July 27.

A DOJ news release says the law has no exception for the absolute seal of confidentiality that applies to Catholic priests.

“SB 5375 demands that Catholic Priests violate their deeply held faith in order to obey the law, a violation of the Constitution and a breach of the free exercise of religion cannot stand under our Constitutional system of government,” Assistant Attorney General Harmeet Dhillon said in the release.

“Worse, the law appears to single out clergy as not entitled to assert applicable privileges, as compared to other reporting professionals,” Dhillon said.

The bill’s sponsor, Sen. Noel Frame, D-Seattle, disputes those claims and said the law is not anti-Catholic. She pointed out that members of the clergy are defined as a licensed, accredited or ordained minister, priest, rabbi, imam, elder or similarly situated religious or spiritual leader of any church, religious denomination, religious body, spiritual community or sect.

Mandated reporters include law enforcement officers, professional school personnel, social service counselors, nurses, psychologists and licensed childcare providers, among others. If they have reasonable cause to believe a child has suffered abuse or neglect, they are required to report that to law enforcement or the Department of Children, Youth, and Families.

Under the new law, clergy members must report abuse, but cannot be compelled to testify against the penitent in a court case or criminal proceedings.

“We are talking in our case here about really simply just the reporting in real time of known or suspected abuse and neglect of children in real time,” Frame said. “We’re simply saying, if you believe or you know that a child is actively being abused or neglected, call it in so we can go check on that child to make sure that they are safe.”

Archbishop Paul Etienne of the Archdiocese of Seattle descibted the the law as government overreach. After the apostles were thrown into jail for preaching in the name of Jesus Christ, St. Peter responded, “We must obey God rather than men,” he said in a written statement.

“This is our stance now in the face of this new law,” Etienne said. “Catholic clergy may not violate the seal of confession — or they will be excommunicated from the Church. All Catholics must know and be assured that their confessions remain sacred, secure, confidential and protected by the law of the church.”

The Catholic Church in the United States has been reporting incidents of abuse to law enforcement and cooperating with civil authorities for decades, according to Etienne. Those efforts began in 1986 in the Seattle Archdiocese, he said.

“Our policies already require priests to be mandatory reporters, but not if this information is obtained during confession,” Etienne said.

Frame countered that voluntarily complying with part of the law does not make priests mandatory reporters.

“They may be if they are a teacher, for instance, but they are not mandatory reporters in their role as clergy,” she said. “And to say that we’re already mandated reporters has caused great confusion such that people think the only point of this bill was to ‘go after confession.’ Not true.”

The senator has been trying since 2022 to pass legislation to make clergy mandatory reporters. Articles by Investigative West about how a Jehovah’s Witnesses community in Washington allegedly was covering up sexual abuse of children spurred her effort.

The nonprofit news organization reported the community was handling complaints internally and abuse was not being addressed.

Frame, a survivor of childhood sexual abuse by a family member from ages 5 to 10, said children need to know that if they ask a trusted adult such as a faith leader for help, they’ll get it.

“I told the mandated reporter about the abuse and that’s how it was stopped, and that was my teacher,” she said.

The Freedom From Religion Foundation, which advocated for passage of SB 5375 through its FFRF Action Fund lobbying arm, said the law closes a longstanding and dangerous loophole that allowed clergy to withhold information about child abuse.

“FFRF urges the DOJ to immediately drop this politically motivated and legally unsound investigation,” the organization said in a news release. “Protecting children from harm must be a priority that transcends religious boundaries. It is not anti-Christian to hold clergy accountable — it is pro-child, pro-justice and pro-human rights.”

Other states that do not have an exemption for penitential communication as of May 2023 are New Hampshire, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas and West Virginia, according to the Child Welfare Information Gateway.

The Utah Legislature passed a bill last year that does not make clergy mandated reporters, but protects them from civil and criminal liability if they report ongoing abuse or neglect even if the information came from a penitent during confession.

Utah Rep. Anthony Loubet, R-Kearns, said he sponsored House Bill 432 after constituents reached out to him. Some religious organizations had implemented their own reporting requirements, but the protection from liability applied only to mandated reporters, which did not include clergy, he said.

Members of the clergy like having this option, Loubet said.

“This made it clear that they could report if they wanted to and if they did, they received the protection,” he said.

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Congresswoman charged with pushing ICE agents while trying to stop mayor’s arrest

Federal prosecutors alleged Democratic Rep. LaMonica McIver of New Jersey pushed and grabbed officers while attempting to block the arrest of the Newark, N.J., mayor outside an immigration detention facility, according to charges in court papers unsealed on Tuesday.

In an eight-page complaint, interim U.S. Atty. Alina Habba’s office said McIver was protesting the removal of Newark Mayor Ras Baraka from a congressional tour of the Delaney Hall detention center in Newark on May 9.

The complaint says she attempted to stop the arrest of the mayor and pushed into agents for Homeland Security Investigations and Immigration and Customs Enforcement. She faces two counts of assaulting, resisting and impeding an officer.

McIver has denied any wrongdoing and has accused federal agents of escalating the situation by arresting the mayor. She denounced the charge as “purely political” and said prosecutors are distorting her actions in an effort to deter legislative oversight.

Habba had charged Baraka with trespassing after his arrest but dismissed the allegation on Monday when she said in a social media post that she instead was charging the congresswoman.

Prosecuting McIver is a rare federal criminal case against a sitting member of Congress for allegations other than fraud or corruption.

The case instantly taps into a broader and more consequential struggle between a Trump administration engaged in overhauling immigration policy and a Democratic Party scrambling to respond.

Within minutes of Habba’s announcement, McIver’s Democratic colleagues cast the prosecution as an infringement on lawmakers’ official duties to serve their constituents and an effort to silence their opposition to an immigration policy that helped propel the president back into power but now has emerged as a divisive fault line in American political discourse.

Members of Congress are authorized by law to go into federal immigration facilities as part of their oversight powers, even without advance notice. Congress passed a 2019 appropriations bill that spelled out the authority.

A nearly two-minute clip released by the Homeland Security Department shows McIver on the facility side of a chain-link fence just before the arrest of the mayor on the street side of the fence. She and uniformed officials go through the gate and she joins others shouting they should circle the mayor. The video shows McIver in a tightly packed group of people and officers. At one point, her left elbow and then her right elbow push into an officer wearing a dark face covering and an olive green uniform emblazoned with the word “Police” on it.

It isn’t clear from body camera video whether that contact was intentional, incidental or a result of jostling in the chaotic scene.

The complaint says she “slammed” her forearm into an agent and then tried to restrain the agent by grabbing him.

Tom Homan, President Trump’s top border advisor, said during an interview on Fox News on Tuesday that “she broke the law and we’re going to hold her accountable.”

“You can’t put hands on an ICE employee,” he said. “We’re not going to tolerate it.”

McIver, 38, first came to Congress in September in a special election after the death of Rep. Donald Payne Jr. left a vacancy in the 10th District. She was then elected to a full term in November. A Newark native, she served as the president of the Newark City Council from 2022 to 2024 and worked in the city’s public schools before that.

House Democratic leaders decried the criminal case against their colleague in a lengthy statement in which they called the charge “extreme, morally bankrupt” and lacking “any basis in law or fact.”

Catalini, Richer and Tucker write for the Associated Press.

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Trump may end temporary protected status for 350,000 Venezuelans, Supreme Court rules

The Supreme Court ruled Monday that the Trump administration may seek to deport nearly 350,000 Venezuelans who were granted “temporary protected status” under the Biden administration to live and work in the United States.

In a brief order, the justices granted a fast-track appeal from Trump’s lawyers and set aside the decision of a federal judge in San Francisco who had blocked the repeal announced by Homeland Security Secretary Kristi Noem.

Justice Ketanji Brown Jackson voted to deny the appeal.

Trump’s lawyers said the law gave the Biden administration the discretion to grant temporary protection to Venezuelans, but also gave the new administration the same discretion to end it.

The court’s decision does not involve the several hundred Venezuelans who were held in Texas and targeted for speedy deportation to El Salvador because they were alleged to be gang members. The justices blocked their deportation until they were offered a hearing.

But it will strip away the legal protection for an estimated 350,000 Venezuelans who arrived by 2023 and could not return home because of the “severe humanitarian” crisis created by the regime of Nicolas Maduro. An additional 250,000 Venezuelans who arrived by 2021 remain protected until September.

“This is an abuse of the emergency docket,” said Ahilan Arulanantham, a UCLA law professor who is representing the Venezuelan beneficiaries of the temporary protected status, or TPS.

He added: “It would be preposterous to suggest there’s something urgent about the need to strip immigration status of several hundred thousand people who have lived here for years.”

It was one of two special authorities used by the Biden administration that face possible repeal now.

Last week, Trump’s lawyers asked the Supreme Court to also revoke the special “grant of parole” that allowed 532,000 immigrants from Cuba, Haiti, Nicaragua and Venezuela to legally enter the United States on personally financed flights.

A judge in Boston blocked Noem’s repeal of the parole authority.

The Biden administration granted the TPS under a 1990 law. It said the U.S. government may extend relief to immigrants who cannot return home because of an armed conflict, natural disaster or other “extraordinary and temporary conditions.”

Shortly before leaving office, Alejandro Mayorkas, Biden’s Homeland Security secretary, extended the TPS for the Venezuelans for 18 months.

While nationals from 17 countries qualify for TPS, the largest number from any country are Venezuelans.

The Trump administration moved quickly to reverse course.

“As its name suggests,” TPS provides “temporary — not permanent — relief to aliens who cannot safely return to their homes,” Solicitor Gen. D. John Sauer wrote in his appeal last week.

Shortly after she was confirmed, Noem said the special protection for the Venezuelans was “contrary to the national interest.”

She referred to them as “dirtbags.” In a TV interview, she also claimed that “Venezuela purposely emptied out their prisons, emptied out their mental health facilities and sent them to the United States of America.”

The ACLU Foundations of Northern and Southern California and the Center for Immigration Law and Policy at the UCLA School of Law filed suit in San Francisco. Their lawyers argued the conditions in Venezuela remain extremely dangerous.

U.S. District Judge Edward Chen agreed and blocked Noem’s repeal order from taking effect nationwide. He said the “unprecedented action of vacating existing TPS” was a “step never taken by any administration.”

He ruled Noem’s order was “arbitrary and capricious” in violation of the Administrative Procedure Act because it did not offer a reasoned explanation for the change in regulations. It was also “motivated by unconstitutional animus,” he said.

The judge also found that tens of thousands of American children could be separated from their parents if the adults’ temporary protected status were repealed.

When the 9th Circuit Court refused to lift the judge’s temporary order, the solicitor general appealed to the Supreme Court on May 1.

Last week, the State Department reissued an “extreme danger” travel advisory for Venezuela, urging Americans to leave the country immediately or to “prepare a will and designate appropriate insurance beneficiaries and/or power of attorney.”

“Do not travel to or remain in Venezuela due to the high risk of wrongful detention, torture in detention, terrorism, kidnapping, arbitrary enforcement of local laws, crime, civil unrest, and poor health infrastructure,” the advisory states.

Trump’s lawyers downplayed the impact of a ruling lifting TPS. They told the justices that none of the plaintiffs is facing immediate deportation.

Each of them “will have the ability to challenge on an individual basis whether removal is proper — or seek to stay, withhold or otherwise obtain relief from any order of removal — through ordinary” immigration courts, he said.

Arulanantham said the effect will be substantial. Many of the beneficiaries have no other protection from deportation. Some have pending applications, such as for asylum. But immigration authorities have begun detaining those with pending asylum claims. Others, who entered within the last two years, could be subject to expedited deportation.

Economic harm would be felt even more immediately, Arulanantham said. Once work permits provided through TPS are invalidated, employers would be forced to let workers go. That means families would be unable to pay rent or feed their children, as well as result in economic losses felt in communities across the country.

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Case of brain-dead pregnant woman on life support in Georgia raises difficult issues

The case of a pregnant woman in Georgia who was declared brain-dead and has been kept on life support for three months has given rise to complicated questions about abortion law and differing views about whether a fetus is a person.

Adriana Smith, a 30-year-old nurse and mother, was about two months pregnant on Feb. 19 when she was declared brain-dead, according to an online fundraising page started by her mother. Doctors said Georgia’s strict antiabortion law requires that she remain on life support until the fetus has developed enough to be delivered, her mother wrote.

The law, one of a wave of measures enacted in conservative states after the Supreme Court overturned Roe vs. Wade in 2022, restricts abortion once cardiac activity is detected and gives personhood rights to a fetus.

Smith’s mother says the law has left her family without a say in a difficult situation, and with her due date still months away, the family is left wondering whether the baby will be born with disabilities or can even survive. Some activists, many of them Black women like Smith, say it raises issues of racial equity.

What does the law say?

Emory Healthcare, which runs the hospital, has not explained how doctors decided to keep Smith on life support except to say in a statement that it considered “Georgia’s abortion laws and all other applicable laws.”

The state adopted a law in 2019 to ban abortion after cardiac activity can be detected, about six weeks into pregnancy, that came into effect after Roe was overturned.

That law does not explicitly address Smith’s situation, but allows abortion to preserve the life or physical health of the pregnant woman. Three other states have similar bans that kick in around the six-week mark, and 12 bar abortion at all stages of pregnancy.

David S. Cohen, a professor at Drexel University’s Thomas R. Kline School of Law in Philadelphia, said the hospital might be most concerned about part of the law that gives fetuses legal rights as “members of the species Homo sapiens.”

Cohen said that Emory may therefore consider Smith and the fetus as two patients and that once Smith was on life support, the hospital had a legal obligation to keep the fetus alive, even after Smith was considered brain-dead.

“These are the kind of cases that law professors have been talking about for a long time when they talk about fetal personhood,” he said.

State Rep. Nabilah Islam Parkes, an Atlanta-area Democrat, said Friday that she sent a letter to state Atty. Gen. Chris Carr asking for a legal opinion on how Georgia’s abortion law applies when a pregnant woman is brain-dead.

Divide within antiabortion movement

Antiabortion groups are divided over whether they should support personhood provisions, which are on the books in at least 17 states, according to the advocacy group Pregnancy Justice.

Some argue that fertilized eggs, embryos and fetuses should be considered people with the same rights as babies after birth. This personhood concept seeks to give them rights under the 14th Amendment to the Constitution, which says a state can’t “deprive any person of life, liberty, or property, without due process or law; nor deny any person within its jurisdiction the equal protection of the laws.”

Some saw personhood as politically impractical, especially after personhood amendments to state constitutions were rejected by voters in Colorado, Mississippi and North Dakota between 2008 and 2014. Those who steered away sought laws and restrictions on abortion that stopped short of personhood, although they were often informed by the concept.

Personhood proponents argue this lacks moral clarity. Some personhood proponents have been sidelined in national antiabortion groups; the National Right to Life Committee cut ties with its Georgia Right to Life affiliate in 2014 after the state wing opposed bills that restricted abortion but allowed exceptions for rape and incest.

Unequal access to care for Black women

The Associated Press has not been able to reach Smith’s mother, April Newkirk. But Newkirk told Atlanta TV station WXIA that her daughter went to a hospital complaining of headaches and was given medication and released. Then, her boyfriend awoke to her gasping for air and called 911. Emory University Hospital determined she had blood clots in her brain and she was declared brain-dead.

It’s not clear what Smith said when she went to the hospital or whether the care she was given was standard for her symptoms. But Black women often report that their pain isn’t taken seriously, and an Associated Press investigation found that health outcomes for Black women are worse because of circumstances linked to racism and unequal access to care.

Monica Simpson, executive director of SisterSong, the lead plaintiff in a lawsuit challenging Georgia’s abortion law, said: “Black women must be trusted when it comes to our healthcare decisions.”

“Like so many Black women, Adriana spoke up for herself. She expressed what she felt in her body, and as a healthcare provider, she knew how to navigate the medical system,” Simpson said, noting that by the time Smith was diagnosed “it was already too late.”

It’s unclear whether the clots in Smith’s brain were related to her pregnancy.

But her situation is undoubtedly alarming for those seeking solutions to disparities in the maternal mortality rate among Black women. According to the Centers for Disease Control and Prevention, Black women had a mortality rate of 50.3 deaths per 100,000 live births in 2023. That’s more than three times the rate for white women, and it is higher than the rates for Latino and Asian women.

What is Smith’s current situation?

While Smith is on a ventilator and probably other life-support devices, being declared brain-dead means she is dead.

Some experts refer to “life support” as “maintenance measures,” “organ support” or “somatic support,” which relates to the body as distinct from the mind.

Emory has not made public what is being done to allow Smith’s fetus to continue to develop.

In another case in Florida, doctors successfully delivered the baby of a 31-year-old woman who was declared brain-dead while 22 weeks pregnant, but not without weeks of sustained monitoring, testing and medical care. The woman’s family wanted to keep the fetus, physicians with the University of Florida College of Medicine said in a 2023 paper.

On her first day of admission, doctors administered hormones to raise her blood pressure and placed a feeding tube. After she was transferred to an intensive care unit, an obstetric nurse stayed by her bedside continuously to monitor the fetus’ heart rate and movements.

She was on a ventilator, regularly received steroids and hormones, and needed multiple antibiotics to treat pneumonia. Her medical team encompassed multiple specialties: obstetrics, neonatology, radiology and endocrinology.

Doctors performed surgery to remove the fetus at 33 weeks when its heart rate fell, and the baby appeared to be in good health at birth.

“We don’t have great science to guide clinical decision-making in these cases,” said Dr. Kavita Arora, an obstetrician and gynecologist in North Carolina who raised concerns about the effect of prolonged ventilator use on a fetus. “There simply aren’t a lot of cases like this.”

The 2023 paper warned that “costs should not be underestimated.”

It is not clear whether Smith, whose mother said she was a nurse at Emory University Hospital, had health insurance. But JoAnn Volk, a professor, founder and co-director of the Center on Health Insurance Reforms at Georgetown University, said that for people with health insurance, it’s generally up to the insurer to determine whether care is medically necessary and covered under the plan.

While it is unclear how much it will cost to keep Smith on life support until the fetus can be delivered, or who will be responsible for that cost, her mother’s GoFundMe page mentions Smith’s 7-year-old son and notes that the baby could have significant disabilities as the effort aims to raise $275,000.

Associated Press writers Brumback and Thanawala reported from Atlanta and Mulvihill from Cherry Hill, N.J. AP writer Jeff Amy in Atlanta contributed to this report.

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L.A. council members were told a vote could violate public meeting law. They voted anyway

When Los Angeles City Council members took up a plan to hike the wages of tourism workers this week, they received some carefully worded advice from city lawyers: Don’t vote on this yet.

Senior Assistant City Atty. Michael J. Dundas advised them on Wednesday — deep into their meeting — that his office had not yet conducted a final legal review of the flurry of last-minute changes they requested earlier in the day.

Dundas recommended that the council delay its vote for two days to comply with the Ralph M. Brown Act, the state’s open meeting law.

“We advise that the posted agenda for today’s meeting provides insufficient notice under the Brown Act for first consideration and adoption of an ordinance to increase the wages and health benefits for hotel and airport workers,” Dundas wrote.

The council pressed ahead anyway, voting 12-3 to increase the minimum wage of those workers to $30 per hour by 2028, despite objections from business groups, hotel owners and airport businesses.

Then, on Friday, the council conducted a do-over vote, taking up the rewritten wage measure at a special noon meeting — one called only the day before. The result was the same, with the measure passing again, 12-3.

Some in the hotel industry questioned why Council President Marqueece Harris-Dawson, who runs the meetings, insisted on moving forward Wednesday, even after the lawyers’ warning.

Jackie Filla, president and chief executive of the Hotel Assn. of Los Angeles, said the decision to proceed Wednesday gave a political boost to Unite Here Local 11, which represents hotel workers. The union had already scheduled an election for Thursday for its members to vote on whether to increase their dues.

By approving the $30 per hour minimum wage on Wednesday, the council gave the union a potent selling point for the proposed dues increase, Filla said.

“It looks like it was in Unite Here’s financial interest to have that timing,” she said.

Councilmember Monica Rodriguez, who opposed the wage increases, was more blunt.

“It was clear that Marqueece intended to be as helpful as possible” to Unite Here Local 11, “even if it meant violating the Brown Act,” she said.

Harris-Dawson spokesperson Rhonda Mitchell declined to say why her boss pushed for a wage vote on Wednesday after receiving the legal advice about the Brown Act. That law requires local governments to take additional public comment if a legislative proposal has changed substantially during a meeting.

Mitchell, in a text message, said Harris-Dawson scheduled the new wage vote for Friday because of a mistake by city lawyers.

“The item was re-agendized because of a clerical error on the City Attorney’s part — and this is the correction,” she said.

Mitchell did not provide details on the error. However, the wording on the two meeting agendas is indeed different.

Wednesday’s agenda called for the council to ask city lawyers to “prepare and present” amendments to the wage laws. Friday’s agenda called for the council to “present and adopt” the proposed changes.

Maria Hernandez, a spokesperson for Unite Here Local 11, said in an email that her union does not control the City Council’s schedule. The union’s vote on higher dues involved not just its L.A. members but also thousands of workers in Orange County and Arizona, Hernandez said.

“The timing of LA City Council votes is not up to us (sadly!) — in fact we were expecting a vote more than a year ago — nor would the precise timing be salient to our members,” she said.

Hernandez said Unite Here Local 11 members voted “overwhelmingly” on Thursday to increase their dues, allowing the union to double the size of its strike fund and pay for “an army of organizers” for the next round of labor talks. She did not disclose the size of the dues increase.

Dundas’ memo, written on behalf of City Atty. Hydee Feldstein Soto, was submitted late in Wednesday’s deliberations, after council members requested a number of changes to the minimum wage ordinance. At one point, they took a recess so their lawyers could work on the changes.

By the time the lawyers emerged with the new language, Dundas’ memo was pinned to the public bulletin board in the council chamber, where spectators quickly snapped screenshots.

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Contributor: Lower-court judges have no business setting the law of the land

On Thursday, the Supreme Court heard oral arguments in the case of Trump vs. CASA Inc. Though the case arises out of President Trump’s January executive order on birthright citizenship and the 14th Amendment, Thursday’s oral argument had very little to do with whether everyone born in the U.S. is automatically a U.S. citizen. Instead, the argument mostly focused on a procedural legal issue that is just as important: whether lower-court federal judges possess the legitimate power to issue nationwide injunctions to bring laws or executive orders to a halt beyond their districts.

There is a very straightforward answer to this question: No, they don’t. And it is imperative for American constitutionalism and republican sef-governance that the justices clearly affirm that.

Let’s start with the text. Article III of the Constitution establishes the “judicial Power” of the United States, which University of Chicago Law School professor Will Baude argued in a 2008 law review article “is the power to issue binding judgments and to settle legal disputes within the court’s jurisdiction.” If the federal courts can bind certain parties, the crucial question is: Who is bound by a federal court issuing an injunction?

In our system of governance, it is only the named parties to a given lawsuit that can truly be bound by a lower court’s judgment. As the brilliant then-Stanford Law School professor Jonathan Mitchell put it in an influential 2018 law review article, an “injunction is nothing more than a judicially imposed non-enforcement policy” that “forbids the named defendants to enforce the statute” — or executive order — “while the court’s order remains in place.” Fundamentally, as Samuel L. Bray observed in another significant 2017 law review article, a federal court’s injunction binds only “the defendant’s conduct … with respect to the plaintiff.” If other courts in other districts face a similar case, those judges might consider their peer’s decision and follow it, but they are not strictly required to do so. (For truly nationwide legal issues, the proper recourse is filing a class-action lawsuit, as authorized by Rule 23 of the Federal Rules of Civil Procedure.)

One need not be a legal scholar to understand this commonsense point.

Americans are a self-governing people; it is we the people, according to the Constitution’s Preamble, who are sovereign in the United States. And while the judiciary serves as an important check on congressional or executive overreach in specific cases or controversies that come before it (as Article III puts it), there is no broader ability for lower-court judges to decide the law of the land by striking down a law or order for all of the American people.

As President Lincoln warned in his first inaugural address: “The candid citizen must confess that if the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by” the judiciary, “the instant they are made in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers.”

Simply put, the patriots of 1776 did not rebel against the tyranny of King George III only to subject themselves, many generations later, to the black-robed tyranny of today. They fought for the ability to live freely and self-govern, and to thereby control their own fates and destinies. Judicial supremacy and the concomitant misguided practice of nationwide injunctions necessarily deprive a free people of the ability to do exactly that.

It is true that Chief Justice John Marshall’s landmark 1803 ruling in Marbury vs. Madison established that “it is emphatically the province and duty of the judicial department to say what the law is.” But it is also true, as Marshall noted in the less frequently quoted sentence directly following that assertion: “Those who apply the rule to particular cases, must of necessity expound and interpret that rule.” Note the all-important qualifier of “apply the rule to particular cases.” Marbury is often erroneously invoked to support judicial supremacy, but the modest case- and litigant-specific judicial review that Marshall established has nothing to do with the modern judicial supremacy and nationwide injunctions that proliferate today. It is that fallacious conception of judicial supremacy that was argued Thursday at the Supreme Court.

Chief Justice John G. Roberts Jr., one of the swing votes in CASA, is not always known for judicial modesty. On the contrary, in clumsily attempting to defend his institution’s integrity, he has at times indulged in unvarnished judicial supremacist rhetoric and presided over an unjustifiable arrogation of power to what Alexander Hamilton, in the Federalist No. 78, referred to as the “least dangerous” of the three branches.

If Roberts and his fellow centrist justices — namely, Brett Kavanaugh and Amy Coney Barrett — have any sense of prudence, they must join their more stalwart originalist colleagues in holding that nationwide injunctions offend the very core of our constitutional order. Such a ruling would not merely be a win for Trump; it would be a win for the Constitution and for self-governance itself.

Josh Hammer’s latest book is “Israel and Civilization: The Fate of the Jewish Nation and the Destiny of the West.” This article was produced in collaboration with Creators Syndicate. @josh_hammer

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Ideas expressed in the piece

  • The article argues that lower-court judges lack constitutional authority to issue nationwide injunctions, emphasizing that such injunctions exceed the judiciary’s role as defined by Article III. It asserts that injunctions should bind only named parties in a lawsuit, not the entire population, to preserve self-governance[1][2][3].
  • Citing legal scholars like Will Baude and Jonathan Mitchell, the author contends that nationwide injunctions distort the judicial process by allowing plaintiffs to “venue shop” for favorable rulings, effectively enabling a single judge to dictate policy for all Americans. This undermines the principle that courts resolve disputes between specific parties, not set broad legal precedent[1][2][3].
  • The piece invokes historical precedents, including President Lincoln’s warnings about judicial overreach and Chief Justice Marshall’s Marbury v. Madison, to argue that judicial review should apply narrowly to individual cases. It frames nationwide injunctions as a modern departure from the Founders’ vision of a limited judiciary[1][3].

Different views on the topic

  • During oral arguments, New Jersey Solicitor General Jeremy Feigenbaum argued that nationwide injunctions should remain permissible in specific circumstances, such as cases involving constitutional rights or systemic federal policies, to prevent inconsistent enforcement across jurisdictions[3].
  • Advocates for retaining injunctions highlight their role in checking executive overreach, particularly in high-stakes cases like challenges to Trump’s birthright citizenship order. They argue that without this tool, harmful policies could remain in effect for years while litigation proceeds in multiple courts[4][3].
  • Legal scholars and some justices have raised concerns that banning nationwide injunctions entirely could create regulatory chaos, citing examples like the FTC’s non-compete ban and environmental rules, where injunctions provided temporary uniformity while courts resolve conflicting rulings[3][4].

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A blood feud rocks O.C. law enforcement

It’s a bitter feud the likes of which are seldom seen in law enforcement circles — or at least those that boil over into public view.

For over seven years now, Orange County’s top prosecutor and a decorated former cop have been locked in an acrimonious dispute that shows little sign of abating. Both parties have accused the other of fractured ethics and corruption, and even an independent arbitrator likened the situation to a simmering cauldron.

Damon Tucker, a former supervising investigator for the county, has alleged in a lawsuit that he uncovered potential evidence of money laundering, terrorist threats and extortion by his then-boss, Orange County Dist. Atty. Todd Spitzer. Tucker claims in his lawsuit that Spitzer and others quashed the probe and then fired the investigator as an act of retaliation, leaving him humiliated and shunned by law enforcement.

Spitzer has publicly called Tucker a “dirty cop,” and accused him of working with his opponents — including former Orange County Dist. Atty. Tony Rackauckas — to launch an investigation to hurt him politically. Tucker’s behavior, Spitzer says, was a “disgrace to the badge.”

Now, in yet another escalation of this Orange County drama, Tucker has called on the California attorney general, the U.S. Department of Justice, the State Bar of California and other agencies to investigate Spitzer; the OCDA Bureau of Investigation Chief Paul Walters; and former Chief Assistant Dist. Atty. Shawn Nelson, who is now an Orange County Superior Court judge.

“These allegations must be fully investigated,” Tucker wrote in a letter to those agencies.“Failure to investigate these men casts a shadow over our system of justice.”

Tucker’s call for an investigation of events dating back nearly a decade comes as the district attorney’s office is already facing increased scrutiny over its treatment of employees. Both Spitzer and Nelson face a potential civil trial next week over accusations they retaliated against female employees who say they were sexually harassed by former Senior Assistant Dist. Atty. Gary LoGalbo, a onetime friend of Spitzer’s who is now deceased.

Spitzer and Walters have declined to discuss Tucker’s accusations with The Times. Nelson, through a court spokesperson, also declined, saying judges were prohibited by ethical rules from discussing cases before the court or in media reports.

The California Attorney General’s office confirmed that it is reviewing Tucker’s complaint but would not comment further. The State Bar has also begun a review of the allegations and has requested more information and documentation, according to a letter reviewed by The Times. A spokesperson for the State Bar declined to comment or confirm whether a complaint was received, adding that disciplinary investigations are confidential.

The U.S. Department of Justice would neither comment nor confirm that it had received the letter. Tucker said he also sent a letter to California’s Commission on Judicial Performance. The commission also declined to comment.

A veteran investigator of nearly 30 years, Tucker was fired from the DA’s office in December 2020 over allegations he had initiated a unilateral investigation into Spitzer shortly after he took office.

Tucker sued the county — alleging he was fired and retaliated against for uncovering corruption — and in 2022 he won his job back, along with lost wages. Last year, he received a $2-million out-of court settlement from the county, according to Tucker’s attorney.

Kimberly Edds, a spokesperson for the district attorney’s office, said a non-disparagement agreement signed by Tucker and Spitzer as part of the settlement prevented the office from commenting.

Tucker’s accusations date to an inquiry that was begun in October 2016, when another district attorney investigator, Tom Conklin, was assigned to assist the Fair Political Practices Commission in looking into allegations of campaign finance irregularities by Spitzer, who was at the time an Orange County supervisor but was considering a run for district attorney.

In his recent letter to multiple agencies, as well as in his lawsuit, Tucker alleges the investigation into Spitzer was left unfinished and, even though he and another investigator at one point suggested it should be forwarded to the FBI or state attorney general, the investigation was never referred to an outside agency.

A year after the 2016 investigation began, Conklin’s report was leaked to the Orange County Register, and the newspaper reported that Conklin had been unable to corroborate the allegations.

The leak came at a key time for Spitzer, who had just announced his campaign for district attorney. At the time, he told the Register the investigation had been politically motivated by his political rival, Rackauckas, and that nothing had been found. At the time, a spokesperson for Rackauckas confirmed the investigation but declined to comment on the allegations.

The leak sparked an internal investigation in the district attorney’s office and, when the initial investigator retired, Tucker was ordered to finish the case.

Tucker was tasked with finding out who leaked the report, but after reviewing the case, Tucker concluded that Conklin’s investigation was incomplete.

At least 10 identified witnesses in the case were never interviewed, and several leads had not been followed, according to an investigative summary written by Tucker, and given to a senior deputy district attorney he consulted with in the case.

During his investigation, Tucker reached out to superiors and colleagues at the district attorney’s office and said the allegations against Spitzer needed to be sent out to an outside agency, such as the FBI, for an impartial review.

Tucker said that as he continued to investigate and prepared to send the case to an outside agency, things suddenly changed.

The day after Spitzer was elected district attorney in 2018, Tucker said Walters ordered him to stop digging into the accusations, and to remove any mention of Spitzer’s name from questions in his investigation, according to an investigative summary and sworn depositions, taken in Tucker’s lawsuit against the county. Two days later, Tucker was removed from the case.

In a sworn deposition, Walters confirmed he ordered Tucker to remove questions about Spitzer from his investigation the day Spitzer became the district attorney-elect.

“That’s where I have to tell Tucker, ‘You can’t be asking all these questions about Spitzer,” Walters testfied. “It’s not the case. And I make him redact all that stuff.”

Tucker maintains that, up until the election, Walters supported his investigation.

“I was doing the right thing,” Tucker told The Times. “This should have been sent out.” Walters declined to respond to The Times about that accusation.

However, a spokesperson for the district attorney’s office said it was Tucker who refused to turn over the investigation.

“He was given the opportunity and declined to do so,” said Edds, the D.A’.s spokesperson. “He was offered the opportunity repeatedly.”

Tucker disputes that assertion.

Spitzer has characterized Tucker’s investigation as being politically motivated, and has pointed out in sworn depositions that Tucker had donated to his opponent, Rackauckas, and was friends with Rackauckas’ chief of staff, Susan Kang.

According to county records, Tucker made a $2,000 donation to Rackauckas’ campaign in August 2018, after he’d been assigned to investigate the leak.

Tucker had also been critical of Spitzer during the campaign in multiple Facebook posts, before and after he took up the case.

“I think they sent him off on this fishing expedition to get something on me after the primary election in 2018,” Spitzer said in a deposition. “He’s investigating me while he’s making a major campaign contribution to my opponent? That’s not objective.”

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Challenge to Louisiana law that lists abortion pills as controlled dangerous substances can proceed

A legal challenge against a first-of-its-kind measure that recategorized two widely used abortion-inducing drugs as “controlled dangerous substances” in Louisiana can move forward, a judge ruled Thursday.

Baton Rouge-based Judge Jewel Welch denied the Louisiana attorney general’s request to dismiss a lawsuit filed last year by opponents of the law, who argue that the reclassification of the pills is unconstitutional and could cause needless and potentially life-threatening delays in treatment during medical emergencies.

Attorneys for defendants in the suit, including Atty. Gen. Liz Murrill, argued that the lawsuit was premature. But attorneys for the plaintiffs, who include a doctor and pharmacist, said that since the law took effect in October, the measure has impacted how the plaintiffs handle and obtain the drugs on a “regular basis.”

A hearing date for the challenge has not yet been set.

Louisiana became the first state to heighten the classification of misoprostol and mifepristone, which have critical reproductive healthcare uses in addition to being used as a two-drug regimen to end pregnancies.

Passage of the measure by the GOP-dominated Legislature marked a new approach in conservative efforts to restrict access to abortion pills. In 2023, nearly two-thirds of all abortions in the country were medication abortions.

Now labeled as “Schedule IV drugs,” the pills are in the same category as the opioid tramadol and other substances that can be addictive. Under the new classification, there are more stringent storage requirements and extra steps to obtain the drugs. Testifying against the legislation, doctors stressed the drugs would be stored in locked containers or elsewhere that may result in slower access during emergency situations where every second is vital.

In the legal challenge, which was filed in October, plaintiffs say the law may slow access to “lifesaving treatment for people experiencing obstetrical emergencies” and make it “significantly harder” for people to “obtain proven, effective remedies necessary for their treatment and care.” Plaintiffs are asking the judge for a permanent injunction, ultimately to halt the law.

The legislation spawned from antiabortion groups and a Republican state senator’s effort to prevent coerced abortion and make it more difficult for bad actors to obtain the drugs. The lawmaker pointed to the case of his sister in Texas who in 2022 was slipped seven misoprostol pills by her husband without her knowledge; she and the baby survived. Over the past 15 years, news outlets have reported on similar cases — none in Louisiana — but the issue does not appear widespread.

“The Louisiana Legislature spoke loud and clear last year that they stand for life and are against this controlled substance being prescribed without a prescription from a doctor,” Murrill said ahead of the hearing.

Prior to the reclassification, a prescription was still needed to obtain mifepristone and misoprostol in Louisiana. Before the change, medical personnel told the Associated Press that in hospitals the drugs — which are also used to treat miscarriages, induce labor and stop bleeding — were often stored in an OB-GYN unit in a “hemorrhage box” in the room, on the delivery table or in a nurse’s pocket, to ensure almost-immediate access in common emergency situations.

With the heightened classification also comes increased charges. If someone knowingly possesses mifepristone or misoprostol without a valid prescription for any purpose, they could be fined up to $5,000 and sent to jail for one to five years. The law carves out protections for pregnant women who obtain the drug without a prescription to take on their own.

Other plaintiffs in the lawsuit include the Birthmark Doula Collective, an organization of people trained to provide pregnancy care before, during and after birth; Nancy Davis, a woman who was denied an abortion in Louisiana and traveled out of state for one after learning her fetus would not survive; and a woman who said she was turned away from two emergency rooms instead of being treated for a miscarriage.

Louisiana currently has one of the strictest abortion bans in the country, which includes abortions via medication.

Cline writes for the Associated Press.

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Justices skeptical of Trump plan to limit birthright citizenship and judges who blocked it

The Supreme Court gave a skeptical hearing Thursday to a lawyer for President Trump who was appealing rulings that blocked his plan to deny citizenship to newborns whose parents were in this country illegally or temporarily.

None of the justices spoke in favor of Trump’s plan to restrict birthright citizenship, and several were openly skeptical.

“Every court is ruling against you,” said Justice Elena Kagan. “There’s not going to be a lot of disagreement on this.”

If his plan were to take effect, “thousands of children will be born and rendered stateless,” said Justice Sonia Sotomayor.

But Thursday’s hearing was devoted to a procedural question raised by the administration: Can a single federal judge issue a nationwide order to block the president’s plan?

Shortly after Trump issued his executive order to limit birthright citizenship, federal judges in Maryland, Massachusetts and Washington state declared it unconstitutional and blocked its enforcement nationwide.

In response, Trump’s lawyers asked the court to rein in the “epidemic” of nationwide orders handed by district judges.

It’s an issue that has divided the court and bedeviled both Democratic and Republican administrations.

Trump’s lawyers argued that on procedural grounds the judges overstepped their authority. But it is also procedurally unusual for a president to try to revise the Constitution through an executive order.

Thursday’s hearing did not appear to yield a consensus on what to do.

Justice Brett M. Kavanaugh said the plaintiffs should be required to bring a class-action claim if they want to win a broad ruling. But others said that would lead to delays and not solve problem.

Justice Neil M. Gorsuch said he was looking for a way to decide quickly. “How we get to the merits expeditiously?” he asked.

One possibility was to have the court ask for further briefing and perhaps a second hearing to decide the fundamental question: Can Trump acting on his own revise the long-standing interpretation of the 14th Amendment?

Shortly after the Civil War, the Reconstruction Congress wrote the 14th Amendment, which begins with the words: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside.”

Prior to that time, Americans were citizens of their states. Moreover, the Supreme Court in the infamous Dred Scott decision said Black people were not citizens of their states and could not become citizens even if they were living in a free state.

The amended Constitution established U.S. citizenship as a birthright. The only persons not “subject to the jurisdiction” of the laws of the United States were foreign diplomats and their families and, in the 19th century, Indians who were “not taxed” and were treated as citizens of their tribal nations.

However, Congress changed that rule in 1924 and extended birthright citizenship to Native Americans.

Since 1898, the Supreme Court has agreed that birthright citizenship extended to the native-born children of foreign migrants living in this country. The court said then “the fundamental rule of citizenship by birth, notwithstanding the alienage of parents” had been established by law.

The decision affirmed the citizenship of Wong Kim Ark, who was born in San Francisco in 1873 to Chinese parents who were living and working there, but who were not U.S. citizens.

But several conservative law professors have disputed the notion that the phrase “subject to the jurisdiction” of the United States means simply that people living here are subject to the laws here.

Instead, they say it refers more narrowly to people who owe their undivided allegiance to this country. If so, they contend it does not extend broadly to illegal immigrants or to students and tourists who are here temporarily.

On Jan. 20, Trump issued an executive order proclaiming the 14th Amendment does not “extend citizenship universally to everyone born within the United States.” He said it would be U.S. policy to not recognize citizenship for newborns if the child’s mother or father was “not a United States citizen or lawful permanent resident at the time of said person’s birth.”

Immigrants rights groups sued on behalf of several pregnant women, and they were joined by 22 states and several cities.

Judges wasted no time in declaring Trump’s order unconstitutional. They said his proposed restrictions violated the federal law and Supreme Court precedent as well as the plain words of the 14th Amendment.

In mid-March, Trump’s lawyers sent an emergency appeal to the Supreme Court with “a modest request.” Rather than decide the “important constitutional questions” involving birthright citizenship, they urged the justices to rein in the practice of district judges handing down nationwide orders.

They have “reached epidemic proportions since the start of the current administration,” they said.

A month later, and without further explanation, the court agreed to hear arguments based on that request.

The justices are likely to hand down a decision in Trump vs. CASA, but it may not come until late June.

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Trump accepting luxury jetliner from Qatar raises alarm on both sides of political aisle

President Trump has spent the first major overseas trip of his second administration — next stop Wednesday in Qatar — beating back allegations that he was personally profiting from foreign leaders by accepting a $400-million luxury airliner from the Gulf state’s royal family.

Trump has bristled at the notion that he should turn down such a gift, saying he would be “stupid” to do so and that Democrats were “World Class Losers” for suggesting it was not only wrong but also unconstitutional.

But Democrats were hardly alone in criticizing the arrangement as Trump prepared for broad trade discussions in Doha, the Qatari capital.

Several top Republicans in Congress have expressed concerns about the deal, including that the plane would be a security risk. Senate Majority Leader John Thune (R-S.D.) on Tuesday said there were “lots of issues associated with that offer which I think need to be further talked about,” and Sen. Shelley Moore Capito (R-W.Va.), another member of the Republican leadership team, said that Trump and the White House “need to look at the constitutionality” of the deal and that she would be “checking for bugs” on the plane, a clear reference to fears that Qatar may see the jetliner as an intelligence asset.

Criticism of the deal has even arisen among the deep-red MAGA ranks. In an online post echoed by other right-wing influencers in Trump’s orbit, loyalist Laura Loomer wrote that while she would “take a bullet for Trump,” the Qatar deal would be “a stain” on his administration.

The broad outrage in some ways reflected the stark optics of the deal, which would provide Trump with the superluxury Boeing 747-8 jumbo jet — known as the “palace in the sky” — for free, to be transferred to his personal presidential library upon his departure from office.

Accepting a lavish gift from the Persian Gulf nation makes even some stolid Trump allies queasy because of Qatar’s record of abuses against its Shiite Muslim minority and its funding of Hamas, the militant group whose attack on Israel touched off a prolonged war in the region.

Critics have called the deal an out-and-out bribe for future influence by the Qatari royal family, and one that would clearly come due at some point — raising serious questions around the U.S.’ ability to act with its own geopolitical interests in mind in the future, rather than Qatar’s.

Trump and Qatar have rejected that framing but have also deflected questions about what Qatar expects to receive in return for the jet.

White House Press Secretary Karoline Leavitt, in response to detailed questions from The Times, said in a statement that Trump “is compliant with all conflict-of-interest rules, and only acts in the best interests of the American public — which is why they overwhelmingly re-elected him to this office, despite years of lies and false accusations against him and his businesses from the fake news media.”

Leavitt has previously said it was “ridiculous” for the media to “suggest that President Trump is doing anything for his own benefit,” because he “left a life of luxury and a life of running a very successful real estate empire for public service, not just once, but twice.”

Ali Al-Ansari, media attache at the Qatari Embassy in Washington, did not respond to a request for comment.

Beyond the specific concern about Qatar potentially holding influence over Trump, the jet deal also escalated deeper concerns among critics that Trump, his family and his administration are using their political influence to improperly enrich themselves more broadly — including through the creation of a $Trump cryptocurrency meme coin and a promised Washington dinner for its top investors.

Experts and other critics have for years accused Trump of violating constitutional constraints on the president and other federal officials accepting gifts, or “emoluments,” from foreign states without the express approval of Congress.

During Trump’s first term, allegations that he was flouting the law and using his office to enrich himself — including by maintaining an active stake in his golf courses and former Washington hotel while foreign dignitaries seeking to curry favor with him racked up massive bills there — went all the way to the Supreme Court before being dismissed as moot after he’d been voted out of office.

Since Trump’s return to office, however, concerns over his monetizing the nation’s highest office and the power and influence that come with it have exploded once more — and from disparate corners of the political landscape.

A man and a woman talk.

Sen. Chris Murphy (D-Conn.), left, speaks with Sen. Katie Britt (R-Ala.) during a Senate Appropriations Subcommittee on Homeland Security oversight hearing on May 8, 2025, on Capitol Hill in Washington.

(Julia Demaree Nikhinson / Associated Press)

In a speech last month on the Senate floor, Sen. Chris Murphy (D-Conn.) alleged dozens of examples of Trump and others in his family and administration misusing their positions for personal gain — what Murphy called “mind-blowing corruption” in Trump’s first 100 days.

Murphy mentioned, among other examples, the meme coin and dinner; corporations under federal investigation donating millions to Trump’s inaugural fund and those investigations being halted soon after he took office; reports that Trump has sold meetings with him at his Mar-a-Lago resort in Florida for millions of dollars; and Donald Trump Jr.’s creation of a private Washington club with million-dollar dues and promises of interactions with administration officials.

Murphy also noted Trump’s orders to fire inspectors general and other watchdogs meant to keep an eye out for corruption and pay-to-play tactics in the federal government, and his scaling back of laws meant to discourage it, such as the Foreign Agents Registration Act, the Foreign Corrupt Practices Act and the Corporate Transparency Act.

“Donald Trump wants to numb this country into believing that this is just how government works. That he’s owed this. That every president is owed this. That government has always been corrupt, and he’s just doing it out in the open,” Murphy said. “But this is not how government works.”

When news of the Qatar jet deal broke, Murphy joined other Democratic colleagues on the Senate Foreign Relations Committee in a statement denouncing it.

“Any president who accepts this kind of gift, valued at $400 million, from a foreign government creates a clear conflict of interest, raises serious national security questions, invites foreign influence, and undermines public trust in our government,” the senators wrote. “No one — not even the president — is above the law.”

Other lawmakers — from both parties — have also weighed in.

Sen. Adam Schiff (D-Calif.) blasted Trump’s acceptance of the plane as his “lastest con” and a clear attempt by the Qatari government to “curry favor” with him.

“This is why the emoluments clause is in the Constitution to begin with. It was put in there for a reason,” Schiff said. “And the reason was that the founding fathers wanted to make sure that any action taken by the president of the United States, or frankly any other person holding federal public office, wasn’t going to be influenced by getting some big gift.”

Sen. Rand Paul (R-Ky.) said in an interview with MSNBC on Monday that he did not think it was a “good idea” for Trump to accept the jet — which he said wouldn’t “pass the smell test” for many Americans.

Experts and those further out on the American political spectrum agreed.

Erwin Chemerinsky, dean of UC Berkeley School of Law and an expert in constitutional law, said the gift of the jet, “if it is to Trump personally,” clearly violates a provision that precludes the president from receiving any benefit from a foreign country, which America’s founders barred because they were concerned about “foreign governments holding influence over the president.”

Richard Painter, the top White House ethics lawyer under President George W. Bush, said that Trump accepting the jet would be unconstitutional. And he scoffed at the ethics of doing business with a nation that has been criticized as having a bleak human rights record.

“After spending millions helping Hamas build tunnels and rockets, Qatar has enough to buy this emolumental gift for” Trump, Painter wrote on X. “But the Constitution says Congress must consent first.”

Painter criticized the White House justifying the deal by saying that Atty. Gen. Pam Bondi had “signed off” on it, given Bondi’s past work for the Qatari government, and said he knew of no precedent for a president receiving a lavish gift without the approval of Congress. He noted that Ambassador Benjamin Franklin received a diamond-encrusted snuff box from France’s King Louis XVI, but only with the OK from Congress.

Robert Weissman, co-president of the progressive nonprofit Public Citizen, said that it was unclear whether Trump would heed the cautionary notes coming from within his own party, but that the Republican-controlled Congress should nonetheless vote on whether the jet was a proper gift for him to receive.

“If the members of Congress think this is fine, then they can say so,” Weissman said, “and the voters can hold them accountable.”

Daily Wire co-founder Ben Shapiro, a prominent backer of Trump, criticized the deal on his podcast Monday, saying that Trump supporters would “all be freaking out” if Trump’s predecessor, Joe Biden, had accepted it.

“President Trump promised to drain the swamp,” Shapiro said. “This is not, in fact, draining the swamp.”

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