In Brief: November 15, 2020
Judge: DHS head didn’t have authority to suspend DACA
Judge: DHS head didn’t have authority to suspend DACA
NEW YORK — A federal judge in New York ruled Saturday that Acting Department of Homeland Security Secretary Chad Wolf assumed his position unlawfully, a determination that invalidated Wolf’s suspension of the Deferred Action for Childhood Arrivals program, which shields young people from deportation.
“DHS failed to follow the order of succession as it was lawfully designated,” U.S. District Judge Nicholas Garaufis wrote. “Therefore, the actions taken by purported Acting Secretaries, who were not properly in their roles according to the lawful order of succession, were taken without legal authority.”
Wolf issued a memorandum in July effectively suspending DACA, pending review by DHS. A month earlier, the U.S. Supreme Court had ruled that President Donald Trump failed to follow rule-making procedures when he tried to end the program, but the justices kept a window open for him to try again.
About 650,000 people are part of DACA, which allows young immigrants who were brought to the country as children to legally work and shields them from deportation.
Karen Tumlin, an attorney who represented a plaintiff in one of the lawsuits that challenged Wolf’s authority, called the ruling “another win for DACA recipients and those who have been waiting years to apply for the program for the first time.”
GOP leaders in 4 states quash dubious Trump bid on electors
Republican leaders in four critical states won by President-elect Joe Biden say they won’t participate in a legally dubious scheme to flip their state’s electors to vote for President Donald Trump. Their comments effectively shut down a half-baked plot some Republicans floated as a last chance to keep Trump in the White House.
State GOP lawmakers in Arizona, Michigan, Pennsylvania and Wisconsin have all said they would not intervene in the selection of electors, who ultimately cast the votes that secure a candidate’s victory. Such a move would violate state law and a vote of the people, several noted.
“I do not see, short of finding some type of fraud — which I haven’t heard of anything — I don’t see us in any serious way addressing a change in electors,” said Rusty Bowers, Arizona’s Republican House speaker, who says he’s been inundated with emails pleading for the legislature to intervene. “They are mandated by statute to choose according to the vote of the people.”
The idea loosely involves GOP-controlled legislatures dismissing Biden’s popular vote wins in their states and opting to select Trump electors. While the endgame was unclear, it appeared to hinge on the expectation that a conservative-leaning Supreme Court would settle any dispute over the move.
Still, it has been promoted by Trump allies, including Florida Gov. Ron DeSantis, and is an example of misleading information and false claims fueling skepticism among Trump supporters about the integrity of the vote.
Surging virus cases get a shrug in many Midwestern towns
ELMWOOD, Neb. — Danny Rice has a good sense of how dangerous the coronavirus can be.
What puzzles him are the people who have curtailed so much of their lives to avoid being infected by the virus.
“I’m not going out and looking to catch it,” he said, sitting at a cluttered desk in his auto repair shop in the tiny eastern Nebraska community of Elmwood. “I don’t want to catch it. But if I get it, I get it. That’s just how I feel.”
Plenty of people agree with Rice, and health experts acknowledge those views are powering soaring COVID-19 infection rates, especially in parts of the rural Midwest where the disease is spreading unabated and threatening to overwhelm hospitals.
It’s not that people in Nebraska, South Dakota, North Dakota, Iowa and elsewhere don’t realize their states are leading the nation in new cases per capita. It’s that many of them aren’t especially concerned.
From wire sources
Armenians torch their homes on land ceded to Azerbaijan
KALBAJAR, Azerbaijan — In a bitter farewell to his home of 21 years, Garo Dadevusyan wrenched off its metal roof and prepared to set the stone house on fire. Thick smoke poured from houses that his neighbors had already torched before fleeing this ethnic Armenian village about to come under Azerbaijani control.
The village is to be turned over to Azerbaijan on Sunday as part of territorial concessions in an agreement to end six weeks of intense fighting with Armenian forces. The move gripped its 600 people with fear and anger so deep that they destroyed the homes they once loved.
The settlement — called Karvachar in Armenian — is legally part of Azerbaijan, but it has been under the control of ethnic Armenians since the 1994 end of a war over the Nagorno-Karabakh region. That war left not only Nagorno-Karabakh itself but substantial surrounding territory in Armenian hands.
After years in which sporadic clashes broke out between Azerbaijani and Armenian forces, full-scale fighting began in late September this year. Azerbaijan made relentless military advances, culminating in the seizure of the city of Shusha, a strategically key city and one of strong emotional significance as a longtime center of Azeri culture.
Two days after Azerbaijan announced it had taken Shusha, Armenia and Azerbaijan signed a Russia-brokered cease-fire under which territory that Armenia occupies outside the formal borders of Nagorno-Karabakh will be gradually ceded.
Biden likely to break barriers, pick woman to lead Pentagon
WASHINGTON — President-elect Joe Biden is expected to take a historic step and select a woman to head the Pentagon for the first time, shattering one of the few remaining barriers to women in the department and the presidential Cabinet.
Michele Flournoy, a politically moderate Pentagon veteran, is regarded by U.S. officials and political insiders as a top choice for the position.
Her selection would come on the heels of a tumultuous Pentagon period that has seen five men hold the top job under President Donald Trump. The most recent defense secretary to go was Mark Esper, who was fired by Trump on Monday after pushing back on issues including troop withdrawals and the use of the military to quell civilian unrest.
If confirmed, Flournoy would face a future that is expected to involve shrinking Pentagon budgets and potential military involvement in the distribution of a coronavirus vaccine.
Democrats have long sought to name a woman to the top post in a department that didn’t open all combat jobs to female service members until about five years ago. Flournoy had been the expected choice of Hillary Clinton if she had won the 2016 election. Her name surfaced early as a front-runner for Biden’s Cabinet, said officials who spoke on condition of anonymity to discuss personnel matters.
Biden faces tough choice of whether to back virus lockdowns
WASHINGTON — Joe Biden faces a decision unlike any other incoming president: whether to back a short-term national lockdown to finally arrest a raging pandemic.
For now, it’s a question the president-elect would prefer to avoid. In the week since he defeated President Donald Trump, Biden has devoted most of his public remarks to encouraging Americans to wear a mask and view the coronavirus as a threat that has no regard for political ideology.
But the debate has been livelier among members of the coronavirus advisory board Biden announced this week. One member, Dr. Michael Osterholm, suggested a four- to six-week lockdown with financial aid for Americans whose livelihoods would be affected. He later walked back his remarks and was rebutted by two other members of the panel who said a widespread lockdown shouldn’t be under consideration.
That’s a sign of the tough dynamic Biden will face when he is inaugurated in January. He campaigned as a more responsible steward of America’s public health than President Donald Trump is and has been blunt about the challenges that lie ahead for the country, warning of a “dark winter” as cases spike.
But talk of lockdowns are especially sensitive. For one, they’re nearly impossible for a president to enact on his own, requiring bipartisan support from state and local officials. But more broadly, they’re a political flashpoint that could undermine Biden’s efforts to unify a deeply divided country.