05-01-2024  8:46 pm   •   PDX and SEA Weather
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NORTHWEST NEWS

What Marijuana Reclassification Means for the United States

The U.S. Drug Enforcement Administration is moving toward reclassifying marijuana as a less dangerous drug. The Justice Department proposal would recognize the medical uses of cannabis but wouldn’t legalize it for recreational use. Some advocates for legalized weed say the move doesn't go far enough, while opponents say it goes too far.

US Long-Term Care Costs Are Sky-High, but Washington State’s New Way to Help Pay for Them Could Be Nixed

A group funded by hedge fund executive Brian Heywood is attempting to undermine the financial stability of Washington state's new long-term care social insurance program.

A Massive Powerball Win Draws Attention to a Little-Known Immigrant Culture in the US

An immigrant from Laos who has been battling cancer won an enormous jumi.3 billion Powerball jackpot in Oregon earlier this month. But Cheng “Charlie” Saephan's luck hasn't just changed his life — it's also drawn attention to Iu Mien, a southeast Asian ethnic group with origins in China, many of whose members fled from Laos to Thailand and then settled in the U.S. following the Vietnam War.

City Council Strikes Down Gonzalez’s ‘Inhumane’ Suggestion for Blanket Ban on Public Camping

Mayor Wheeler’s proposal for non-emergency ordinance will go to second reading.

NEWS BRIEFS

April 30 is the Registration Deadline for the May Primary Election

Voters can register or update their registration online at OregonVotes.gov until 11:59 p.m. on April 30. ...

Chair Jessica Vega Pederson Releases $3.96 Billion Executive Budget for Fiscal Year 2024-2025

Investments will boost shelter and homeless services, tackle the fentanyl crisis, strengthen the safety net and support a...

New Funding Will Invest in Promising Oregon Technology and Science Startups

Today Business Oregon and its Oregon Innovation Council announced a million award to the Portland Seed Fund that will...

Unity in Prayer: Interfaith Vigil and Memorial Service Honoring Youth Affected by Violence

As part of the 2024 National Youth Violence Prevention Week, the Multnomah County Prevention and Health Promotion Community Adolescent...

Tension grows on UCLA campus as police order dispersal of large pro-Palestinian gathering

LOS ANGELES (AP) — Law enforcement on the UCLA campus donned riot gear Wednesday evening as they ordered the dispersal of over a thousand people who had gathered in support of a pro-Palestinian student encampment, warning over loudspeakers that anyone who refused to leave could face arrest. ...

Appeals court rejects climate change lawsuit by young Oregon activists against US government

SEATTLE (AP) — A federal appeals court panel on Wednesday rejected a long-running lawsuit brought by young Oregon-based climate activists who argued that the U.S. government's role in climate change violated their constitutional rights. The 9th U.S. Circuit Court of Appeals...

The Bo Nix era begins in Denver, and the Broncos also drafted his top target at Oregon

ENGLEWOOD, Colo. (AP) — For the first time in his 17 seasons as a coach, Sean Payton has a rookie quarterback to nurture. Payton's Denver Broncos took Bo Nix in the first round of the NFL draft. The coach then helped out both himself and Nix by moving up to draft his new QB's top...

Elliss, Jenkins, McCaffrey join Harrison and Alt in following their fathers into the NFL

ENGLEWOOD, Colo. (AP) — Marvin Harrison Jr., Joe Alt, Kris Jenkins, Jonah Ellis and Luke McCaffrey have turned the NFL draft into a family affair. The sons of former pro football stars, they've followed their fathers' formidable footsteps into the league. Elliss was...

OPINION

New White House Plan Could Reduce or Eliminate Accumulated Interest for 30 Million Student Loan Borrowers

Multiple recent announcements from the Biden administration offer new hope for the 43.2 million borrowers hoping to get relief from the onerous burden of a collective

Op-Ed: Why MAGA Policies Are Detrimental to Black Communities

NNPA NEWSWIRE – MAGA proponents peddle baseless claims of widespread voter fraud to justify voter suppression tactics that disproportionately target Black voters. From restrictive voter ID laws to purging voter rolls to limiting early voting hours, these...

Loving and Embracing the Differences in Our Youngest Learners

Yet our responsibility to all parents and society at large means we must do more to share insights, especially with underserved and under-resourced communities. ...

Gallup Finds Black Generational Divide on Affirmative Action

Each spring, many aspiring students and their families begin receiving college acceptance letters and offers of financial aid packages. This year’s college decisions will add yet another consideration: the effects of a 2023 Supreme Court, 6-3 ruling that...

AFRICAN AMERICANS IN THE NEWS

Advocates say Supreme Court must preserve new, mostly Black US House district for 2024 elections

NEW ORLEANS (AP) — Voting rights advocates said Wednesday they will go to the Supreme Court in hopes of preserving a new majority Black congressional district in Louisiana for the fall elections, the latest step in a complicated legal fight that could determine the fate of political careers and...

House passes bill to expand definition of antisemitism amid growing campus protests over Gaza war

WASHINGTON (AP) — The House passed legislation Wednesday that would establish a broader definition of antisemitism for the Department of Education to enforce anti-discrimination laws, the latest response from lawmakers to a nationwide student protest movement over the Israel-Hamas war. ...

Ethan Hawke and Maya Hawke have a running joke about ‘Wildcat,’ their Flannery O’Connor movie

Ethan Hawke and his daughter Maya Hawke have a running joke about their Flannery O’Connor movie. “Wildcat,” which Ethan directed and Maya stars in as O’Connor, was made with complete sincerity. It’s a deeply creative investigation into the Southern Catholic novelist and...

ENTERTAINMENT

Music Review: Neil Young delivers appropriately ragged, raw live version of 1990's 'Ragged Glory'

The venerable Neil Young offers a ragged and raw live take of his beloved 1990 album “Ragged Glory” with a new album, titled “Fu##in’ Up.” Of course, the 2024 version doesn't have the same semi-youthful energy that the 44-year-old Young put into the original. Maybe his voice...

Olympian Kristi Yamaguchi is 'tickled pink' to inspire a Barbie doll

Like many little girls, a young Kristi Yamaguchi loved playing with Barbie. With a schedule packed with ice skating practices, her Barbie dolls became her “best friends.” So, it's surreal for the decorated Olympian figure skater to now be a Barbie girl herself. ...

Book Review: Rachel Khong’s new novel 'Real Americans' explores race, class and cultural identity

In 2017 Rachel Khong wrote a slender, darkly comic novel, “Goodbye, Vitamin,” that picked up a number of accolades and was optioned for a film. Now she has followed up her debut effort with a sweeping, multigenerational saga that is twice as long and very serious. “Real...

U.S. & WORLD NEWS

United Methodists repeal longstanding ban on LGBTQ clergy

CHARLOTTE, N.C. (AP) — United Methodist delegates repealed their church’s longstanding ban on LGBTQ clergy...

Appeals court rejects climate change lawsuit by young Oregon activists against US government

SEATTLE (AP) — A federal appeals court panel on Wednesday rejected a long-running lawsuit brought by young...

Florida's 6-week abortion ban takes effect as doctors worry women will lose access to health care

BOCA RATON, Fla. (AP) — Florida's ban on most abortions after six weeks of pregnancy, before many women even...

The UN's nuclear watchdog chief will visit Iran next week as concerns rise about uranium enrichment

JERUSALEM (AP) — The head of the United Nations' nuclear watchdog will travel to Iran next week as Tehran's...

United Methodists repeal longstanding ban on LGBTQ clergy

CHARLOTTE, N.C. (AP) — United Methodist delegates repealed their church’s longstanding ban on LGBTQ clergy...

The unexpected announcement of a prime minister divides Haiti's newly created transitional council

PORT-AU-PRINCE, Haiti (AP) — A surprise announcement that revealed Haiti’s new prime minister is threatening...

Bill Mears CNN Supreme Court Producer

WASHINGTON (CNN) -- A federal judge used tough language to block efforts by the Obama administration to limit the legal rights of terror suspects held at the Guantanamo Bay military prison in Cuba, ruling Thursday that proposed changes were an "illegitimate exercise of executive power."

Officials of the departments of Justice and Defense had claimed they alone should decide when the prisoners deserve regular access to their attorneys.

But in a 32-page ruling, Judge Royce Lamberth said federal courts had proper authority to decide the matter, and criticized the executive branch for recently changing the procedures, when he said the current system was working well.

"The old maxim 'if it ain't broke, don't fix it' would seem to caution against altering a counsel-access regime that has proven safe, efficient, and eminently workable," said Lamberth. "Indeed," he added, "the government had no answer when the court posed this question in oral arguments" last month.

"Access to the courts means nothing without access to counsel," added the judge.

Justice Department lawyers said they have started restricting when Guantanamo prisoners could challenge their detention in the Washington-based federal court. If approved, any relaxing of the rules would be made on a case-by-case basis at the exclusive discretion of military officials, not by the courts.

At issue is whether a Supreme Court decision on detainee rights from 2008 gives federal courts the ultimate power to control so-called "habeas" petitions from foreign combatants in U.S. military custody. Volunteer private lawyers say they deserve regular access to their imprisoned clients, even if there is no active habeas challenge pending in court, or any pending charges.

Under the proposed changes, the Navy base commander at Guantanamo would have sole veto power over attorney access, as well as access to classified material, including information provided directly by the detainees from interrogations.

"The dispute thus before the court, though important, is quite narrow," said the government in its earlier legal filing. "The only question presented is whether detainees who have neither current nor impending habeas petitions are entitled to" challenge continued access to counsel. "The answer to that question is 'no.'"

Lamberth's Washington-based federal court has been handling the many appeals filed by the prisoners. There are currently 168 detainees -- all male -- in the Guantanamo facility, most of whom do not have pending charges. Five Muslim men labeled "high-value detainees" are being prosecuted before a military commission for their alleged leadership roles in the 9/11 terrorist attacks.

In the so-called Boumediene ruling in 2008, the high court said "enemy combatants" held overseas in U.S. military custody have a right to a "meaningful review" of their detention in the civilian legal justice system. It would force the government to present evidence and justify keeping the prisoners indefinitely, without charges. But a federal appeals court in Washington has since refused to order the release of any detainee filing a habeas corpus writ, in some cases rejecting such orders from lower-court judges.

Civil rights groups applauded the court opinion.

"The court has correctly recognized the government's attempt to restrict attorney access to the men at Guantanamo as the latest in a ten year history of successive efforts to "delay, hinder, or prevent access to the courts," said Vincent Warren, executive director of the Center for Constitutional Rights, which has been representing many of the Gitmo prisoners. "The new rules came out of the blue and can only be seen as an effort to punish the men at Guantanamo for exercising their right to challenge their detention. These rules would have given the government unfettered control over Guantanamo. As the court said, the executive cannot be trusted with such power."

The administration has argued it does not seek to restrict lawyers who have an active legal appeal, but that the rights of detainees shrink once they have filed their first habeas challenge. The military says lawyers must now agree to the new conditions in order to have continued access to their clients and to any classified information the military would deem to release.

And lawyers would be prohibited from using any information they gather that might help the prisoners appearing before a Periodic Review Board. Review boards are newly designed panels of military officials to decide whether a Guantanamo inmate should continue to be held, and whether that person is a national security threat.

Those boards were put in place by President Barack Obama by executive order, but have not been fully implemented.

"Executive Order 13,567 does not provide detainees who undergo PRB review with a judicially enforceable right to counsel, or any justification for asking the Court to impose a counsel-access regime on the PRB process other than the one developed, per the Order's direction, by the Secretary of Defense," said the government. "As a general matter, executive orders are viewed as management tools for implementing the President's policies, not as legally binding documents that may be enforced against the Executive Branch."

The government said the court's power to intervene was limited, and had urged Judge Lamberth to deny the request guaranteeing attorney access. But in strong language the judge refused.

"The court has an obligation to assure that those seeking to challenge their executive detention by petitioning for habeas relief have adequate, effective and meaningful access to the courts," said Lamberth. "And it is undisputed that petitioners here have a continuing right to seek habeas relief. It follows that petitioners have an ongoing right to access the courts and, necessarily, to consult with counsel. Therefore, the Government's attempt to supersede the court's authority is an illegitimate exercise of executive power.

"The court, whose duty it is to secure an individual's liberty from unauthorized and illegal Executive confinement, cannot now tell a prisoner that he must beg leave of the executive's grace before the court will involve itself. This very notion offends the separation-of-powers principles and our constitutional scheme."

The Justice Department now has the option of asking a federal appeals court to intervene.

The case is In re: Guantanamo Bay Detainee Continued Access to Counsel (1:04-cv-1254).

The Skanner Foundation's 38th Annual MLK Breakfast