Tag: law

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

Michigan Star Staff
Jack Phillips

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

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

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

Read More

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

The Center Square
Unlock Michigan sign

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

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

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

Read More

Feds: Illegal Immigration Continued to Worsen in May

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

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

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

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

Read More

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

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

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

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

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

Read More

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

The Center Square

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

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

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

Read More

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

The Center Square
Guy shooting hand gun at gun range

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

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

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

Read More

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

The Center Square
Texas Department of Public Safety SUV

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

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

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

Read More

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

The Center Square

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

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

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

Read More

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

The Center Square
State Superintendent Dr. Michael Rice

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

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

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

Read More

Michigan House Oversight Committee Considers Legislation to Ban Vaccine Passports

The Center Square
Mask on passport Vaccination card on blue background

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

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

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

Read More

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

The Center Square

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

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

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

Read More

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

Michigan Star Staff
Tom Smith

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

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

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

Read More

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

The Center Square
Gretchen Whitmer

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

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

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

Read More

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

The Center Square
Derek Chauvin

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

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

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

Read More

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

The Center Square

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

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

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

Read More

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

The Center Square
Group of people singing at a worship service

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

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

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

Read More

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

The Center Square
John Vecchione

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

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

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

Read More

Ohio House Sends Message to Michigan Governor to Keep Pipeline Open

The Center Square

The Ohio House has sent a message to Michigan Gov. Gretchen Whitmer, urging her to abandon her plan to force a company to close a pipeline that could threaten Ohio energy supplies and jobs.

Whitmer, Michigan Attorney General Dana Nessel and Michigan Department of Natural Resources Director Dan Eichinger filed a lawsuit Nov. 13 in Ingham County Court demanding Enbridge Inc. cease Line 5 operations by May. The easement has been in place since 1953.

Read More

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

The Center Square

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

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

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

Read More

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

The Center Square

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

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

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

Read More

Michigan Senate Authorizes Second Lawsuit Against Gov. Whitmer

The Center Square

The GOP-dominated Michigan Senate on Thursday approved a lawsuit against Democratic Gov. Gretchen Whitmer.

At issue is a possible attempt by the governor to unilaterally spend nearly a million dollars attached to a bill she vetoed this week.

Senate Resolution 26 reads: “Any attempt by Governor Whitmer to expend moneys that she vetoed without further legislative approval or expend certain funds without the enactment of Senate Bill No. 1 or House Bill No. 4049 would be contrary to both law and Michigan’s constitutional system.”

Read More

Michigan’s New Unemployment Director Faces Questions from House Oversight Committee

The Center Square

Michigan’s Unemployment Insurance Agency Director Liza Estlund Olson was grilled Thursday morning by the state House Oversight Committee.

Committee members asked pointed questions about recent revelations relating to the departure of Olson’s predecessor, Steve Gray, in November. Gray received a $76,626 payout and another $9,246 in attorney fees and signed a confidentiality agreement with Gov. Gretchen Whitmer’s administration.

Read More

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

The Center Square

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

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

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

Read More

Ducey Removes Arizona’s COVID-19 Restrictions on Businesses

The Center Square

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

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

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

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

Read More

Michigan Gov. Whitmer’s Ex-MDHHS Director Got $155,500-Taxpayer-Funded Payout to Leave Quietly

The Center Square

When state health director Robert Gordon abruptly resigned in January, Gov. Gretchen Whitmer didn’t mention his $155,506-taxpayer-funded payout.

That sum was equal to nine months of Gordon’s annual salary and health benefits. The monies received by Gordon release the state from any potential legal claims.

Read More