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The U.S. decline in cigarette smoking could be stalling while the adult vaping rate appears to be rising, according to a government report released Thursday.About 14% of U.S adults were cigarette smokers last year, the third year in a row the annual survey found that rate. But health officials said a change in the methodology make it hard to compare that to the same 14% reported for 2017 and 2018.The adult smoking rate last saw a substantial drop in 2017, when it fell from 16% the year before.The new figures from the Centers for Disease Control and Prevention mean there are more than 34 million adult smokers in the U.S.Meanwhile, about 4.5% of adults were counted as current e-cigarette users last year — about 11 million people.That rate appears to be up from 3.2% in 2018 and 2.8% in 2017. But again, officials said that comparing 2019 with earlier years is difficult because of the survey change.The CDC figures are based on responses from about 32,000 people.Health officials have long called tobacco use the nation’s leading cause of preventable disease and death.___The Associated Press Health & Science Department receives support from the Howard Hughes Medical Institute’s Department of Science Education. The AP is solely responsible for all content. 1279

The sports complex sheltering thousands of Central American migrants in this Mexican border city is well above its capacity, and more migrants are expected to arrive in the coming days.More than 5,800 migrants have taken shelter in the Benito Juarez Sports Complex, according to Mexico's Social Development Secretariat.That's at least three times above the facility's capacity, said Rodolfo Olimpo, a representative from Baja California state's Special Committee on Migration Issues.State and municipal officials are looking to open another shelter, Olimpo said, but they haven't found any local business or space willing to rent out their facilities for the migrants.CNN crews that visited the Benito Juarez shelter found squalid conditions, including open sewage drains. Many people appeared restless and nervous.Inside the sports complex, which has become the main facility sheltering migrants in Tijuana, migrants wait for hours in long lines for food. Tents cover sports fields and spill outside the facility's gates.Many migrants say they're waiting for the chance to seek asylum in the United States. Given the massive backlog at the nearby port of entry, it could be weeks before they have a chance to cross the border and begin to make their case.Meanwhile, the Mexican Red Cross has been providing medical assistance for migrants in the shelter. The Mexican navy has set up two small kitchens nearby the shelter, Olimpo said, and the federal government has installed two water plants.But Amnesty International said on Monday the shelter doesn't have enough resources for migrants housed there, describing conditions as "unsanitary.""Mexican federal, state and municipal officials separately confirmed to Amnesty International that the temporary shelter did not have sufficient food, water and health services, and that respiratory illnesses were spreading among those staying there," Amnesty said.Tijuana's mayor has described the situation as a crisis and called for humanitarian help.The growing number of migrants in Tijuana, a city of about 2 million people just south of California, is "a big problem" that "we are not capable of solving," Mayor Juan Manuel Gastélum told CNN.The Mexican federal government -- with a new president due to be installed Saturday -- or the United Nations must step in, the mayor said, to "give us shelter, give them food, water, medicines, everything that a person needs to be dignified and have a place where they can stay dignified." 2488

The Trump campaign has officially filed a lawsuit in Wisconsin's Supreme Court in an attempt to overturn election results in the state.The Wisconsin Elections Commission confirmed Joe Biden's victory Monday in the battleground state following a partial recount. Milwaukee and Dane counties finished their recounts over the weekend and results added to Biden's 20,600 vote margin over President Donald Trump.The president's campaign has repeatedly alleged fraud in the state's election, though it has not presented any proof. The election officials for both counties who did recounts said there was no fraud uncovered in the process.The WEC confirmation of the results opened a five-day window for the president's campaign to file a lawsuit.The campaign filed a lawsuit Tuesday morning, in an attempt to overturn results by disqualifying as many as 200,000 ballots."What we had is an abuse of the absentee process, dramatically in Dane and Milwaukee County,” said Jim Troupis, attorney for the Trump Campaign.The suit is specifically seeking to dismiss absentee ballots where the clerks' offices "inserted missing information,” people cast ballots "claiming Indefinite Confinement status" even If they "no longer qualified,” and absentee ballots "improperly cast or received at ‘Democracy in the Park’ events,” which were held in Madison.The lawsuit also targets many in-person absentee voters who the Trump campaign claims did not follow Wisconsin law which requires "voters submit a written application.""We introduce evidence in the proceeding we introduced evidence that they in fact followed the law. They in fact required appropriate application in advance of the in-person voting,” said Troupis.In a filing late Tuesday evening, Gov. Evers and his legal team issued a forceful rebuttal against the lawsuit: "President Trump’s Petition seeks nothing less than to overturn the will of nearly 3.3 million Wisconsin voters. It is a shocking and outrageous assault on our democracy. The relief he seeks is wrong as a matter of law, incorrect as a matter of fact, and mistaken as a matter of procedure. Indeed, he has sought relief in the wrong court and has refused to follow the proper steps under the statute that he himself acknowledges governs the appeal of recounts. And by focusing on alleged technical violations in only two counties, he has made plain 7 that his intent is not to fairly determine who Wisconsinites voted for to lead our country. He is simply trying to seize Wisconsin’s electoral votes, even though he lost the statewide election."Mayor Tom Barrett says Milwaukee conducted in-person absentee voting exactly like all the other counties in the state. Barrett addressed the Wisconsin Elections Commission meeting on Tuesday to voice his opposition to the Trump campaign's attempt to throw out those votes."They are challenging the entire election system in Wisconsin claiming entire groups of absentee by mail and absentee in person were not legitimate. And I would add they are only doing it in select counties. These claims are obviously an egregious attempt to discredit this fair election,” said Barrett.Wisconsin Election Commissioner and Republican Dean Knudson spoke out Tuesday afternoon in the commission meeting that he believes this lawsuit still proves Wisconsin has safe elections.“I am in a position to look at fraud in Wisconsin and I have yet to see a credible claim of fraudulent activity in this election. The Trump campaign has not made any claims of fraud in this election. The filing in, there is some disputes over matters of law,” said Knudson.The WEC has debunked previous claims for the campaign about fraud in the election process.The president's campaign lawsuit included four instances where it claims votes were counted illegally:Lawsuit claims municipal clerks were instructed to fill in missing information on returned absentee ballots based on their "personal knowledge" or "lists or databases."Lawsuit claims municipal clerks issued absentee ballots to voters without requiring written absentee ballot applications.Lawsuit claims election officials permitted voters who claimed to be indefinitely confined to "circumvent voter ID laws" without "meeting the requirements for that status."Lawsuit claims the city of Madison created "unlawful polling locations at over 200 parks and city locations" through its Democracy in the Park voting events. The suit claims that these locations were outside of the county's approved polling locationsRead the full petition below:2020AP1971 Pet for Orig Action (12!1!20) by TODAY'S TMJ4 on ScribdRead the supporting memo below:2020AP1971 Memo in Supp Pet. Orig Action (12!1!20) by TODAY'S TMJ4 on ScribdThis story was originally published by WTMJ in Milwaukee. 4761

The White House on Monday backed down from its threats to revoke Jim Acosta's press pass."Having received a formal reply from your counsel to our letter of November 16, we have made a final determination in this process: your hard pass is restored," the White House said in a new letter to Acosta. "Should you refuse to follow these rules in the future, we will take action in accordance with the rules set forth above. The President is aware of this decision and concurs."The letter detailed several new rules for reporter conduct at presidential press conferences, including "a single question" from each journalist. Follow-ups will only be permitted "at the discretion of the President or other White House officials."The decision reverses a Friday letter by the White House that said Acosta's press pass could be revoked again right after a temporary restraining order granted by a federal judge expires. That letter -- signed by two of the defendants in the suit, press secretary Sarah Sanders and deputy chief of staff for communications Bill Shine -- cited Acosta's conduct at President Trump's November 7 press conference, where he asked multiple follow-up questions and didn't give up the microphone right away."You failed to abide" by "basic, widely understood practices," the letter to Acosta claimed.CNN won the temporary restraining order earlier on Friday, forcing the White House to restore Acosta's press access for 14 days. Judge Timothy J. Kelly ruled on Fifth Amendment grounds, saying Acosta's right to due process had been violated. He did not rule on CNN's argument that the revocation of Acosta's press pass was a violation of his and the network's First Amendment rights.Many journalists have challenged the administration's actions against Acosta, pointing out that aggressive questioning is a tradition that dates back decades.But Trump appeared eager to advance an argument about White House press corps "decorum," no matter how hypocritical.Since the judge criticized the government for not following due process before banning Acosta on November 7, the letter looked like an effort to establish a paper trail that could empower the administration to boot Acosta again at the end of the month.The letter gave Acosta less than 48 hours to contest the "preliminary decision" and said a "final determination" would be made by Monday at 3 p.m.CNN's lawyers had signaled a willingness to settle after prevailing in court on Friday. Ted Boutrous, an attorney representing CNN and Acosta, said they would welcome "a resolution that makes the most sense so everyone can get out of court and get back to their work."But in a new court filing on Monday morning, CNN's lawyers said the defendants "did not respond to this offer to cooperate." Instead, the letter from Shine and Sanders was an "attempt to provide retroactive due process," the filing alleged.So CNN and Acosta asked the judge to set a schedule of deadlines for motions and hearings that would give the network the chance to win a preliminary injunction, a longer form of court-ordered protection to Acosta's press pass.They were seeking a hearing "for the week of November 26, 2018, or as soon thereafter as possible," according to the court filing.A preliminary injunction could be in effect for much longer than the temporary restraining order, thereby protecting Acosta's access to the White House.In a response Monday morning, government lawyers called the CNN motion a "self-styled 'emergency'" and sought to portray the White House's moves as a lawful next step."Far from constituting an 'emergency,' the White House's initiation of a process to consider suspending Mr. Acosta's hard pass is something this Court's Order anticipated," they said.The DOJ lawyers continued to say that the White House had made "no final determination" on Acosta's access, and asked the court to extend its own deadline, set last week, for a status report due at 3 p.m. Monday, in light of the White House's separate self-imposed deadline for the Acosta decision.At lunchtime, Kelly granted the government's request and extended the status report deadline to 6 p.m. Monday.The case was assigned to Judge Kelly when CNN filed suit last Tuesday. Kelly was appointed to the bench by Trump last year, and confirmed with bipartisan support in the Senate. He heard oral arguments on Wednesday and granted CNN's request for a temporary restraining order on Friday."We are disappointed with the district court's decision," the Justice Department said in response at the time. "The President has broad authority to regulate access to the White House, including to ensure fair and orderly White House events and press conferences. We look forward to continuing to defend the White House's lawful actions."Trump seemed to shrug off the loss, telling Fox's Chris Wallace in an interview that "it's not a big deal."He said the White House would "create rules and regulations for conduct" so that the administration can revoke press passes in the future."If he misbehaves," Trump said, apparently referring to Acosta, "we'll throw him out or we'll stop the news conference.""This is a high-risk confrontation for both sides," Mike Allen of Axios wrote in a Monday item about Trump's new targeting of Acosta. "It turns out that press access to the White House is grounded very much in tradition rather than in plain-letter law. So a court fight could result in a precedent that curtails freedom to cover the most powerful official in the world from the literal front row."The-CNN-Wire 5546

The state of Tennessee came one step closer to allowing wine sales on Sunday after state Senators voted to approve a bill which had already passed through the House. The vote passed 17-11 on Wednesday morning. Final approval will now lie in the hands of Governor Bill Haslam who needs to sign the bill in order for it to become law.   The controversial plan will allow grocery stores to sell wine on Sunday beginning January 1, 2019.It will also permit liquor stores to immediately begin operating seven days a week. However, liquor store owners argue they are at a huge competitive disadvantage against major grocery store chains, who don't need to make any staffing changes in order to be open on Sundays.  House members approved a similar plan on Monday by a vote of 53 to 35.If approved by the Governor, wine and liquor sales would be allowed from 8 a.m. to 11p.m. Monday through Saturday and from 10a.m. to 11p.m. on Sunday.Tennessee first voted to allow grocery stores to sell wine back in 2016 after years of back and forth and under constant pressure from citizens and grocery store lobbyists.   1151