ICYMI News Saturday Morning Edition

Canary. Photo by 4028mdk09.

Update 1: California Net Neutrality law

According to Gizmodo and Washington Post reports an update to the California net neutrality law Governor Jerry Brown recently signed into law has been put on hold to go into effect by California’s Attorney General Xaveir Becerra as conditions of a temporary deal struck between California and the DOJ pending a judge’s approval. In exchange the DOJ will put on hold their litigation against the state while the parties let a separate lawsuit against the FCC over the Obama-era net neutrality rollback plays out in the D.C. Circuit Court of Appeals. The deal also puts a stay on a lawsuit brought by a group from the telecom industry who are suing California over the law’s passage.

Oct 26 2018

The California lawsuit is inextricably tied to the outcome of the D.C. case, currently being heard in the U.S. Court of Appeals for the D.C. Circuit. If in that case, a judge finds the FCC overstepped its authority when it revoked the 2015 Open Internet Order, then California’s net neutrality law will, essentially, no longer matter. And the lawsuit brought against California by the nation’s largest telecom providers will prove to be pointless.

It is also possible that the federal case will result in only certain parts of the FCC rules being overturned, such as the provision intended to preempt states from establishing their own net neutrality laws. Such a ruling would have dramatic implications for the California lawsuit—one of the two principal arguments against California is that the FCC rules preempt state laws.

Gizmodo; Oct 26 2018

Update 2: Census citizenship question lawsuit

Picking up from the last update on the Census citizenship question lawsuit, Courthouse News brings us this update as both the District Court and 2nd Court of Appeals have both denied the DOJ’s requests to stay the start of the first Census Citizenship question trial date set for Nov. 5.

US District Court Judge Jesse Furman not only “slapped down [DOJ’s] bid to delay [the] census trial, Judge Furman also slapped back at SC Justice Neil Gorsuch’s dissenting opinion. To Gorsuch’s opining of “Leveling an extraordinary claim of bad faith against a coordinate branch of government requires an extraordinary justification,” Furman replies in his 15-page opinion.

“It should go without saying that the dissent did not carry the day in the Supreme Court; instead, it represents the views of only two justices,” the opinion states, referring to Gorsuch and Justice Clarence Thomas.

The seven-member majority of the Supreme Court temporarily blocked an order to depose Commerce Secretary Wilbur Ross and stopped there.

Refusing to back down, Furman said that he found that justification in Ross’ sworn and “false” testimony.

“Most significant, the court found reason to believe that Secretary Ross had provided false explanations of his reasons for, and the genesis of, the citizenship question — in both his decision memorandum and in testimony under oath before Congress,” Furman wrote.

Quoting from Gorsuch’s dissent directly, Furman said that the justice pointed the finger in the wrong direction.

“It is the government’s conduct in this case, not the court’s review, that is ‘highly unusual, to say the least,’” Furman wrote.

Courthouse News; Oct 26 2016

According to NY’s AG spokeswoman Amy Spitalnick, one of the new arguments the DOJ is now attempting after Gorsuch’s opinion is to say “that the district court shouldn’t even bother” with NY State’s case for the Census question suit is because the Supreme Court “may ultimately rule in DOJ’s favor.”

For a bonus ICYMI News, here is Spitalnick alerting us to New York Times report as an update in New York state attorney Barbara Underwood’s lawsuit against the Trump foundation as Trump’s lawyers argue for a dismissal.

MAGABomber Spotlights

Prior to Friday’s arrest of the suspect in the MAGABomber case, NPR put a spotlight on the United States Postal Service on Thursday and examines “how exactly were the dangerous packages sent?” and puts some of the dangers that exist into context.

Oct 26 2018

As reports of the MAGABomber suspect’s arrest made headlines around the nation on Friday, people on social media platforms became unexpectedly intertwined in ways they never would have imagined as it becomes surreal their path had somehow crossed with the suspects’.

Fox News gets it’s own slap down.

Ouch. That’s gonna leave a mark.

This one took on too much of a personal entanglement.

Cool Science Invention

How Swarms of Super Intelligent Drones Are Taking Over Live Entertainment

NPR reports rocker climber Alain Robert a.k.a. Robert Alain Philippe, who is famously known as the “French Spider-Man,” made the news while in London this last Thursday when he scaled one of their tallest buildings known as the Heron Tower “without a rope or safety gear on.” After he scaled the building, he was “promptly arrested.”

The Associated Press reported, “Commander Karen Baxter criticized Robert for taxing police resources and causing “significant disturbance to local transport and businesses and their staff.””

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