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A judge is coming under fire after allowing five adults to remain free on bail as they await trial for allegedly keeping 11 starving children in a filthy New Mexico compound, surrounded by weapons.The decision, which has sparked community backlash and threats against the judge, comes two years after New Mexico voters overwhelmingly approved a constitutional amendment that revamped the state's bail laws and raised the legal threshold for detaining suspects before trial.In this case, authorities have described the three women and two men as Muslim extremists who allegedly prepared the children to conduct school shootings. They argued that if the defendants were released from custody, there would be "a substantial likelihood" they could commit new crimes, court documents said. 792

A lawsuit against Harvard brought on behalf of Asian-American students who failed to gain admission goes to trial on Monday in one of the most consequential race cases in decades, with affirmative action policies across the country at stake.The lawsuit was crafted by conservative advocates who have long fought racial admissions practices that traditionally benefited African-American and Latino students. Their ultimate goal is to reverse the 1978 Supreme Court case that upheld admissions policies that consider the race of students for campus diversity.Parties on both sides expect the Supreme Court to eventually resolve the issue. And with President Donald Trump's two appointees, Justices Neil Gorsuch and Brett Kavanaugh, the high court now has five conservative justices who may be inclined to reverse the landmark ruling.The challengers are led by Edward Blum, a conservative activist who has devised a series of claims against racial policies, including an earlier affirmative action lawsuit on behalf of Abigail Fisher against the University of Texas and several challenges to the 1965 Voting Rights Act.Justice Anthony Kennedy, the key vote in 2016 when the court last endorsed race-based admissions in the University of Texas case, was replaced by Kavanaugh earlier this month. Gorsuch succeeded the late Justice Antonin Scalia, who had opposed all affirmative action and criticized the University of Texas program, but died before that case was completed.The Students for Fair Admissions group Blum founded when he filed the Harvard case in November 2014 contends the university engages in unlawful "racial balancing" as it boosts the chances of admissions for blacks and Hispanics and lowers the chances for Asian Americans.Harvard's practices, the group says, are "the same kind of discrimination and stereotyping that it used to justify quotas on Jewish applicants in the 1920s and 1930s."That assertion has deeply resonated with some Asian Americans who fear they are held to a higher standard than other applicants to prestigious universities. Yet Asian-American advocates, representing a wide swath of backgrounds and educational experiences, have come in on both sides of the case.Some who back the lawsuit seek to end all consideration of race in admissions, while others, siding with Harvard, argue that universities should be able to consider race for campus diversity and that some Asian Americans, particularly those with ties to Southeast Asian countries, may have had fewer educational opportunities before applying to college.The NAACP Legal Defense and Educational Fund filed a brief on behalf of 25 Harvard student and alumni organizations comprising blacks, Latinos, Native Americans, Asian Americans and whites. The Legal Defense Fund calls the lawsuit an effort "to sow racial division" and emphasizes the Supreme Court's repeated endorsement of the 1978 case Regents of the University of California v. Bakke.Those subsequent rulings, however, turned on a single vote, either that of Kennedy or Justice Sandra Day O'Connor, who retired in 2006.The Trump administration, which is separately scrutinizing of race-based admissions practices at Harvard through its Education and Justice departments based on a complaint from more than 60 Asian American groups, has backed Students for Fair Admissions.Harvard, the country's oldest institution of higher education, denies that it engages in racial balancing or limits Asian-American admissions. It defends its longstanding effort for racial diversity as part of the education mission and says admissions officers undertake a "whole-person evaluation" that includes academics, extracurricular activities, talents and personal qualities, as well as socioeconomic background and race.Since the case was first filed, both sides have mined similar statistical evidence and testimony but with sharply contrasting conclusions -- all of which will now be presented before US District Court Judge Allison Burroughs."Each party relies on its own expert reports to show the presence or absence of a negative effect of being Asian American on the likelihood of admission ... and claims that there is substantial -- or zero -- documentary and testimonial evidence of discriminatory intent," Burroughs said in an order last month rejecting requests from both sides to rule for each, respectively, before trial.The case was brought under Title VI of the 1964 Civil Rights Act, prohibiting racial discrimination at private institutions that receive federal funds.Burroughs, a 2014 appointee of President Barack Obama, has said she expects the trial to last about three weeks. Both sides will offer opening statements on Monday. 4719

A Florida man was arrested after police say he left his 19-month-old daughter outside overnight during Hurricane Irma.Angelo Mitchell, 36, of Jasper, Florida, faces a charge of child cruelty related to the Sunday incident.According to Tallahassee's WCTV, the girl's mother called police Monday morning, telling them Mitchell had taken their daughter away the night before and when she saw him again on Monday, the girl wasn't with him.Police searched the area for the girl but were unable to find her. Mitchell allegedly denied ever taking her, telling officers she was probably with a family friend, according to WCTV.At about 11:30 a.m. local time on Monday, someone found the girl in the yard of a house about 500 yards away.Police said the girl's skin had turned purple after she'd spent the entire night outside during the storm being battered by wind and rain. The girl also had scratches and bug bites on her body, according to WCTV. She was hospitalized for a day before being able to go back home.Mitchell appeared to be "under the influence of something," police reported, according to Tallahassee's WTXL.Clint Davis is a reporter for the Scripps National Desk. Follow him on Twitter @MrClintDavis. Keep up to date with the latest news by following @ScrippsNational on Twitter. 1300

A Fond du Lac man who holds the world record for "Most Big Macs Consumed" ate his 30,000th Big Mac on Friday.Don Gorske said he ate his first Big Mac on May 17, 1972, and has enjoyed, on average, two of the sandwiches nearly every day since.“I take that first bite, it was the best thing I had ever tasted in my life,” reads a pamphlet from Gorske that chronicles his hamburger habit.An entry titled “Summer of 1972” reads, “When I’m not at work, or going to McDonalds [sic], I’m at County Stadium, eating a Big Mac while watching the Brewers, or I’m ‘cruising Main Street’ like everybody else."Gorske’s good health can be verified by asking his wife, a nurse practitioner, he writes.“My height is 6’2”, [and] if I try hard, I can get up to 195 pounds,” he writes.There have been eight days that have not included a Big Mac for Gorske since he took that first bite of one in 1972, he wrote. The most recent was November 23, 2011, when McDonald’s was closed for Thanksgiving Day. He thought he had a Big Mac saved in the freezer, but was mistaken.“It’ll never happen again,” he wrote. 1096

A group of Republicans are making good on their threat to attempt to force an immigration floor vote in the House -- potentially paving the way for a showdown among proposals to save the Deferred Action for Childhood Arrivals program.The lawmakers on Tuesday signed what's known as a discharge petition -- a procedural maneuver that can bring legislation to the House floor if it is signed by a majority of House members regardless of whether it has moved through committee, as is traditionally the case for most legislation. If the petition were to pick up enough supporters, it would set up a floor debate on four different immigration measures as early as June.The move is unusual for members of the majority party, who are effectively going around House Speaker Paul Ryan to set up a vote on legislation that GOP leadership has refused to call to the floor for a vote. Still, the members insist they are making an effort to be deferential to leadership, by leaving one bill open to the speaker's choosing.The effort is being spearheaded by three moderate Republicans who have long been vocal about trying to save DACA, a program that protected young undocumented immigrants who came to the US as children -- Reps. Will Hurd of Texas, Jeff Denham of California, and Carlos Curbelo of Florida. Curbelo officially introduced the petition Wednesday morning.In an exclusive interview with CNN, the three moderates said the goal was to have a long overdue immigration debate without a predetermined outcome."This institution should be driven by courage, not by cowardice, and the goal should not be to suppress members from pursuing their legislative goals, it should be to empower each member, and that's what we're trying to do," Curbelo said. "The goal is to empower each member of the House, including the speaker, to advance the solution that each member believes is the best one for this challenge and to try to gain supporters for that solution. So this is not in defiance of anyone."A spokeswoman for Ryan didn't comment specifically on the petition, saying efforts to pass immigration legislation continue in general."We continue to work with our members to find a solution that can both pass the House and get the president's signature," AshLee Strong said.The three members who pitched the proposal held a news conference Wednesday afternoon announcing their move, and were joined by fellow Republican Reps. Mario Diaz-Balart, of Florida, John Faso, of New York; Mia Love, of Utah; and Ileana Ros-Lehtinen, of Florida.The petition has more than a dozen Republicans on it already, Denham said, and while the members would not reveal their list of supporters in advance, they did note the signatories come from across the ideological spectrum.As of mid-afternoon Wednesday, the petition had 15 signatories, mostly moderates.Some more conservative members of the House could back the effort because it would allow a vote on a hardline immigration measure they've supported, and circumvent what conservatives often complain is overly restrictive procedural controls by leadership."I think you'll see many different caucuses throughout the House that are engaged in this debate that are focused on different solutions," Denham said. "I think it's our job. Congress needs to do its job and be held accountable."President Donald Trump sought to end the executive program put in place under the Obama administration last September, but a collection of court rulings have found Trump's action likely does not pass legal muster, and kept the program largely in place. A group of red states recently sued in a different court to try to have the program itself declared unconstitutional.Lawmakers have sought to pass legislation that would enshrine the program in law, which would address critics who say it goes beyond the authority of the executive branch. But efforts to protect it in Congress have been unsuccessful.It remains unclear if the new effort will pick up enough support to force a House showdown. While it starts with a number of Republicans in support, it would still need to roughly double the number of GOP members signing on and pick up all Democrats in the House. Effective discharge petitions have been rare in House history, though not unheard of.Democrats have insisted on a path to citizenship for DACA recipients and have opposed measures that they say are too aggressive or punitive to immigrants in return, though they have agreed to billion in border security funding. Most Republicans have been split about a path to citizenship, and have insisted any such deal must include cuts to legal immigration and hardline measures to target illegal immigration, as well.The discharge petition would support what's known as a "queen-of-the-hill" rule, which would bring four competing immigration-related bills to the floor for debate and a vote. Denham and Hurd had previously announced the rule had the support of 50 Republicans and 190 Democrats, more than 20 members over the threshold for a majority of the House, but it's unclear if all of them will back the petition.Denham, Hurd and Curbelo's move Tuesday would pave the way for a floor vote on a hardline bill from Republican Reps. Bob Goodlatte, Mike McCaul and others that does not include a path to citizenship; a creation of a program like DACA without any border security measures from Democrats; a bill Ryan would offer; and a bipartisan bill?from Hurd and California Rep. Pete Aguilar that would pair a path to citizenship with a direction to the administration to gain "operational control" of the border by the best means available. The rule also allows for the authors of the bills to change them, and the members expected all of the proposals would evolve before a floor vote -- especially to include language that would appropriate billions for border security.GOP leadership has agreed to whip the Goodlatte bill, but it has failed to gain the support of enough Republicans to make it viable to pass the House. The President has backed Goodlatte's legislation and rejected all the other proposals put forth besides his own hardline plan. The reserved spot for the speaker could be any bill of his choosing.The "queen-of-the-hill" procedure would mimic an exercise in the Senate earlier this year, when votes on four competing immigration proposals ended with none reaching the number of votes necessary to move forward, including the President's plan."This debate is too important not to have," said Hurd, who has roughly one-third of the entire southern border as part of his district, more than any other single member. "Let's have this debate on the House floor and let everybody bring their ideas to the forefront." 6770

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