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It’s nearly winter and nearly time to unpack your hats, gloves, snow pants, boots and all. But what about protecting the center of your face from the snow and cold?A company in the U.K. is selling “nose warmers” or little earmuff-type clothing for your nose. According to the company's website, “Our business started small, with one nose warmer made specifically to do the job of warming up a nippy nose! Our owner soon realized that she wasn't the only one with this problem and so.....THE NOSE WARMER COMPANY was born.”The nose warmers come in fleece, faux fur or wool, and have a variety of prints like Zebra, giraffe and cow. The nose warmer itself fits over the wearer’s nose, and ties or straps around the person’s head. They cost about (about 7 pounds).For more information, click here. 820
INDIANAPOLIS -- Former Subway pitchman and convicted child predator Jared Fogle is continuing his quest to be released from prison early – most recently by asking a federal judge allow him to withdraw his guilty plea.Fogle pleaded guilty in 2015 to federal charges of conspiracy to distribute/receive child pornography and of traveling to engage in illicit sexual conduct with a minor. He also agreed, as part of his plea, to pay 0,000 each to fourteen unnamed juvenile victims as restitution.Judge Tanya Walton-Pratt sentenced Fogle to serve more than 15 years in prison on the charges. Fogle has been serving that sentence at the federal penitentiary in Englewood, Colorado.Since his sentencing, however, Fogle has filed dozens of motions seeking to have his sentence either reduced or thrown out altogether.Last month, Fogle, who is now representing himself in the case, argued that Pratt “has bias” against him because she was the mother of two teenage daughters at the time of his sentencing. That claim was easily disproven, though: Pratt has only one daughter, and said daughter was 24 at the time Fogle pleaded guilty.Fogle’s most consistent claim – which he has repeated in multiple filings and is now pursuing in two separate cases (Fogle v. Walton-Pratt et al and Fogle v. USA) – is that he was wrongfully allowed to plead guilty to a conspiracy charge in the case. Fogle contends that no such charge exists under federal law.Fogle’s claim appears to stem from a reading of the statute under which he was sentenced – 18 U.S. Code § 2252(a)(2) – that overlooks or ignores a latter passage that states, “Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a) shall be fined under this title and imprisoned not less than 5 years and not more than 20 years…”Fogle, as noted in the plea agreement he signed, is accused of conspiring to violate paragraph (2) of subsection (a).In a filing to the court on March 5, Fogle excerpts section (a) of the statute, while omitting section (b) entirely.In another filing under his “conspiracy” argument, Fogle included portions of letters between former FBI Director J. Edgar Hoover and former Republican U.S. Rep. Karl M. Le Compte dated 1946 – along with a portion of the Communist Control Act of 1954.Fogle also included portions of a transcript from the 2016 United States v. Frank Edwin Pate case in which he appears to have underlined sections containing language about “aiding and abetting.” Pate – who is incarcerated at the same prison as Fogle on a 2015 conviction for wire and mail fraud – was ultimately unsuccessful in that case.Although Fogle asks the court to “take judicial notice” of the facts presented in his filing, he does not make clear what, if anything, he believes the information presented within has to do with his case – nor is it immediately apparent.A previous attempt by Fogle to appeal his sentence in the 7th Circuit Court of Appeals in Chicago was rejected by the court, which dismissed Fogle’s arguments in June 2016 as “unpersuasive.”In addition to Judge Pratt, Fogle’s request on Monday for immediate release and a hearing on the constitutionality of the charges he pleaded guilty to was also addressed to the warden of the Englewood Federal Correctional Institute and to President Donald Trump. It was not made clear in the filing what, if anything, he hoped President Trump could do for him. 3436

It may not be as oft-quoted as the First Amendment or as contested as the Second Amendment, but the 14th Amendment to the United States Constitution plays a critical role in supporting some of our closest-held notions of American freedom and equality.For one, it clearly states that American citizenship is a birthright for all people who are born on American soil -- something that President Donald Trump has announced he wants to end. Not only would this unravel 150 years of American law, it would loosen a significant cornerstone of the Constitution's interpretation of American identity.In order to better understand this part of the 14th Amendment, we asked two experts in constitutional and immigration law to walk us through the first section. The amendment has five sections, but we will only be dealing with the first, which contains the Citizenship Clause and three other related clauses.But first, some historyThe 14th Amendment is known as a Reconstruction amendment, because it was added to the Constitution after the Civil War in 1868. That places it at an important historical crossroads, when lingering wounds of divisiveness and animosity still plagued the nation and the reality of a post-slavery America begged contentious racial and social questions."Thomas Jefferson said men were created equal, but the original Constitution betrayed that promise by allowing for slavery," says Jeffrey Rosen. "The 13th, 14th and 15th amendments were designed to enshrine Lincoln's promise of a new America."However, as so often is the case, this reaffirmed American ideal fell short of reality. Rosen notes that issues of civil rights and equal treatment continued to be denied to African Americans, LGBT people and other citizens for more than a century after the amendment's ratification.And Erika Lee points out that Native Americans weren't even allowed to become citizens until 1925."Even as [these amendments] were written, obviously there were major built-in inequalities and maybe at the time weren't intended to apply to everyone," Lee says.Why was citizenship by birthright such an important concept?"Citizenship was a central question left open by the original Constitution," says Rosen. "At the time it was written, the Constitution assumed citizenship, but it didn't provide any rules for it. In the infamous Dred Scott decision, the Chief Justice said African Americans can't be citizens of the US and 'had no rights which the white man was bound to respect.'"The US Supreme Court's ruling in the Dred Scott case, named for a slave who unsuccessfully sued for his freedom, has since been widely condemned.READ MORE: Scott v. Sandford"The 14th Amendment was designed to overturn this decision and define citizenship once and for all, and it was based on birthright," Rosen says. "It is really important that it's a vision of citizenship based on land rather than blood. It is an idea that anyone can be an American if they commit themselves to our Constitutional values."What does it mean to be "subject to the jurisdiction thereof?"According to Rosen, this is one of the greatest questions of citizenship. There are two clear examples of people not subject to the jurisdictions of the United States: diplomats and their children, and -- at the time of the 14th Amendment -- Native Americans, who were not recognized as part of the American populace."With those two exceptions, everyone who was physically present in the United States was thought to be under its jurisdiction," Rosen says. "There are numerous Supreme Court cases that reaffirm that understanding, and almost as importantly, there are lots of congressional statutes that assume birthright citizenship."Some scholars, like John Eastman of the Claremont Institute's Center for Constitutional Jurisprudence, have argued that children of illegal immigrants are not "subject to the jurisdiction" of the US and thus should not be considered citizens under the Constitution.But Rosen says this is a minority view among constitutional scholars of all political backgrounds."While the Supreme Court has not explicitly ruled [on the instance of children of illegal immigrants], Congress has passed all kinds of laws presuming their citizenship," Rosen says.What is the connection between birthright citizenship and immigration?In 1898, 30 years after the 14th Amendment was adopted, the Supreme Court reached a defining decision in a case known as the United States v. Wong Kim Ark. Lee explains that Wong Kim Ark was the American-born son of Chinese immigrants."Asian immigrants were the first immigrants to the US that couldn't be considered white," Lee says. "So they are treated differently. They are taxed differently, they are stripped of many rights. In the 1880s, they are excluded from immigration and barred from citizenship."READ MORE: The United States v. Wong Kim ArkSo, the main question of the case was, could a person born in America be a citizen in a place where his parents could not be as well? The Supreme Court decided yes, and the case remains the first defining legal decision made under the banner of birthright citizenship."[The Supreme Court's decision] said that the right of citizenship is not a matter of inheritance, that it never descends from generation to generation, it is related to where you're born," Lee says. "It's about the power of place. That has been a very expansive, and at the time, a corrective measure to a more exclusionary definition both legally as well as culturally as to what an American is."Why must it be stated that the privileges of citizenship need to be protected?Before the Civil War, states didn't necessarily have to follow the provisions stated in the Bill of Rights; only Congress had to. The 14th Amendment changed that."This second sentence of the Amendment means that states have to respect the Bill of Rights as well as basic civil rights and the rights that come along with citizenship," Rosen says. "The idea was that there were rights that were so basic; so integral to citizenship that they could not be narrowed by the states."Despite the promises and protections of citizenship, Lee says it is abundantly clear that different racial groups were, and often are, seen as unable or unworthy to function as true American citizens. After all, basic rights of citizenship, like suffrage and equal treatment, were denied certain racial groups for a hundred years after the 14th Amendment."The idea of a law applying to 'all people' seems to be clear. But in reality, the debate and the laws and practices that get established are very much based on a hierarchy of, well sure, all persons, but some are more fit and some are more deserving than others," she says.Throughout history, Asian immigrants, Mexican immigrants, Muslim immigrants and their children, to name a few, have had unspoken cultural caveats applied to their ability to be Americans."For Asian immigrants, the racial argument at the time was that 'It didn't matter whether one were born in the US or not, Asians as a race, are unassimilable. They are diametrically opposite from us Americans,'" Lee says."That was the argument that was used to intern Japanese citizens. It was the denial of citizenship in favor of race: 'The ability to become American, the ability to assimilate, they just didn't have it.'"Why was it important to legalize rights for non-citizens?So far, we've covered the first clause, the Citizenship Clause, and the second, the Privileges and Immunities Clause. These both deal with American citizens.The final two clauses, the Due Process Clause and the Equal Protection clause, are a little different, and deal with the rights of all people in the United States.Eagle-eyed Constitution readers will notice that the 14th Amendment contains a "due process" clause very similar to the Fifth Amendment. This, says Rosen, was a technical addition to ensure the Fifth Amendment wasn't theoretically narrowed down to protect only American citizens."The 14th Amendment distinguishes between the privileges of citizenship and the privileges of all people," Rosen says. "The framers [of the amendment] thought there were certain rights that were so important that they should be extended to all persons, and in order to specify that they needed a new 'due process' clause."What does it mean to have 'equal protection of the laws'?"At the time following the Civil War, at its core, it meant all persons had the right to be protected by the police, that the laws of the country should protect all people," Rosen says. "In the 20th century, more broader questions were litigated under the 14th Amendment, like Brown v. Board of Education -- whether segregation was constitutional. Cases involving the internment of Japanese citizens, case from the marriage equality decisions, even Roe vs. Wade have strains of equal protection language and invoke due process law."READ MORE: Brown v. Board of EducationAnother interesting case that speaks directly to the immigration side of the 14th Amendment debate is the 1982 case of Plyler v. Doe, in which the Supreme Court ruled it was unconstitutional for the state of Texas to deny funding for undocumented immigrant children.READ MORE: Plyler v. DoeWhy are we talking about all this right now?This week,?Trump vowed to end the right to citizenship for the children of non-citizens and unauthorized immigrants born on US soil.But his interest in repealing birthright citizenship isn't a new idea. Lee says for the last 30 years or so, there have been several overtures by the political right to explore "citizenship reform," a timeline that she says aligns with the ascendancy of modern American conservatism.Lee fears if the current push to end birthright citizenship is successful, it could have wider implications than most people assume. People from other countries who are here legally on work or student visas, for instance, could have children who do not legally belong to the only country they know."There have been attempts since the 1990s to break away birthright citizenship, or narrow it down, and it did not seem that they would have a chance at succeeding until now," she says."To me this not only reflects the ascendancy of an extreme right position but also a return to a very narrow and exclusionary definition of Americanness." 10356
In many ways, we have come a long way since March when the pandemic first began, but in other ways, we have not.Infections and hospitalizations around the country from COVID-19 are rising quickly, as the United States just surpassed 250,000 deaths from COVID-19. The country is also setting records for the number of positive coronavirus cases. It has forced states to consider similar shutdown measures to the ones we saw in spring.Michigan, Washington state, Oregon, and New Mexico are mostly closed, as states like Colorado have recently announced more closures coming this weekend, including moving restaurants to take-out and delivery only.“It has been very busy [in the ICU] and it has really, as you mentioned, gone up in the last two weeks,” said Dr. Julia Limes of UCHealth in Colorado.Dr. Limes has been spending the last few weeks working out logistics for the ICU at the University of Colorado Anschutz Medical Center.“We have started deploying people from other parts in the hospital to come and help us on both the COVID floors and in the COVID ICU,” said Dr. Limes.“We already surpassed the numbers from the first surge, so it’s like what’s next?” added Maddie Smith, a critical care nurse in the hospital’s COVID-19 ICU.Smith has worked in the hospital’s COVID-19 ICU since March. She says the fear, stress, and unpredictability of this current surge might have consumed her once more if it was not for the lessons learned in the COVID-19 unit during the spring months.“We just know how to treat them better, and we know how to intervene with interventions, so that’s been really helpful,” said Smith.In the spring, hospitals were experimenting with different drugs to treat serious COVID-19 complications. Since then, the FDA has approved Remdesivir as a treatment option for certain patients 12 and older, based on findings that it helped some patients recover faster.Smith says doctors and nurses are now more familiar with the arc of how a patient might respond to symptoms so they can manage bed space and ventilator use better.All this comes as both Moderna and Pfizer announced this week they have both developed vaccines with 95 percent effectiveness.“[Caring for patients] is easier and it’s smoother than it was in the spring,” said Dr. Limes.Not only has patient care gained more clarity, but so too has self-care on the part of first responders, according to Smith.“It was hard,” she said. “I think the biggest part that got to all of us is these people don’t have family to be with. That first surge, it all hit us pretty hard because of the sadness that happened down here. We just kind of lean on each other to get through it.”How far this current wave will go is unknown, but by drawing from the past, these first responders say they will be ready to deal with it no matter what is thrown their way.“We just have a better sense of the trajectory, and that is hugely valuable as we go into this next surge,” said Dr. Limes. 2962
It’s August and Dunkin’ Donuts is perking up the summer with free coffee on Mondays and free donuts on Fridays.The offers are available to DD Perks members, the chain’s loyalty program.On August 3, 10 and 17, DD Perks members get a free medium cup of hot or iced coffee with the purchase of a food item.End the week on a sweet note by grabbing a free donut on August 7, 14 and 21 with the purchase of any beverage.“Whether they need a little extra boost to kickstart their week or a sweet treat to celebrate the end of the week, we want our loyal guests to know we’ve got their backs when they may need it most,” said Stephanie Meltzer-Paul, Senior Vice President, Dunkin’ U.S. Digital Marketing. 704
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