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There's a renewed push to reform qualified immunity, a legal doctrine that protects police officers, along with some others, from civil lawsuits.In Congress, Sen. Justin Amash of Michigan proposed a bill to eliminate qualified immunity entirely. It has bipartisan support.Understanding why qualified immunity was established could help inform a vision for the future.Imagine a scenario where you're walking down the street and someone clearly violates your rights. The rule of law says they should be held accountable and you'd expect that they would. But can the same be said about police officers who violate a person’s rights?Qualified immunity protects public employees, like police officers, from being held personally liable for knowingly violating someone else’s rights, as long as the officer didn’t break any “clearly-established” laws in the process.Critics argue qualified immunity tilts the scales of justice and makes it hard to hold officers accountable for crimes they admit to committing.The legal path that led to qualified immunity started with the passage of the Civil Rights Act of 1871. Congress declared that every American has the right to sue any public employees who violate their rights.Then, in the late 1960s, a Supreme Court ruling would start morphing the concept into what we know today.It was 1967 when the court granted exceptions to police officers accused of violating rights if they acted in good faith and believed their actions were within the law. Another ruling, in 1982, shifted the burden entirely to the citizen, requiring they prove the officer’s actions broke a “clearly-established” right.That means presenting a case where the Supreme Court found an official guilty of the same “particular conduct” under the same “specific context” as is being alleged. Without it, the officer is protected from liability.The Supreme Court granted one exception for a particularly cruel case in 2002.In June 2020, the Court declined to take up a petition asking it to re-examine qualified immunity. The order was unsigned, and Justice Clarence Thomas was the only one to write a dissent.He wrote the “qualified immunity doctrine appears to stray from the statutory text.”Justice Thomas and Justice Sonia Sotomayor have urged the court to take up the doctrine multiple times in the past. In 2018, Justice Ruth Bader-Ginsburg joined in a dissent authored by Justice Sotomayor. It said that the way the Court previously ruled on qualified immunity had established “an absolute shield for law enforcement officers.” 2550

Thick gray clouds of smoke cover the California sky as massive redwood trees, some of the oldest trees on earth, burn at California’s oldest state park: Big Basin Redwoods State Park.For many people living on California’s Central Coast, these redwoods impact much more than just nearby ecology. They’re a lifeline to the local economy.“That’s crazy because, I mean, it’s our history,” said Pedro Bonilla, owner of El Buen Taco.Bonilla says these trees attract tourists and with Big Basin park closed for at least a year due to fire damage, his taco truck could have to close.“We weren’t prepared mentally or financially prepared for this,” he said.Thousands of acres have burned at Big Basin since fires sparked a few weeks ago, torching everything from the ancient trees to historic structures that were built in the early 1900s.“It’s hard to grasp you know how much damage the fire did to the infrastructure, said Mark McKenna of California State Parks.While McKenna says redwood trees are resilient, their recovery could take years.“The complexity of the rebuilding process, it's daunting when you see the damage that happened up there,” he said.That damage is both extensive and expensive. And though the total cost has not been tallied, people there say you can’t put a price tag on the park.“It’s like losing a loved one,” Bonilla said.While locals can’t replace the history that was lost during these wildfires, they’re still somehow optimistic about the future.“Just when it looked like the darkest time possible for the San Lorenzo Valley, we’re still standing here,” said local radio DJ, Sam Peacock.They're standing tall after flames burned the trees to the ground, because eventually, new life will sprout up even after this disaster.“It just shows that don’t underestimate Mother Nature,” Bonilla said. 1823

Today, the U.S. Food and Drug Administration issued a warning letter to JUUL Labs Inc. for marketing unauthorized modified risk tobacco products by engaging in labeling, advertising, and/or other activities directed to consumers, including a presentation given to youth at a school. The agency also sent a letter to the company expressing concern, and requesting more information, about several issues raised in a recent Congressional hearing regarding JUUL’s outreach and marketing practices, including those targeted at students, tribes, health insurers and employers. 578

This Christmas Eve morning, House Republicans cruelly deprived the American people of the ,000 checks Trump agreed to support. On Monday, the House will hold a vote on our stand-alone bill to increase economic impact payments to ,000.— Nancy Pelosi (@SpeakerPelosi) December 24, 2020 301

Three Democratic senators on Monday filed a lawsuit challenging the appointment of acting Attorney General Matt Whitaker, ratcheting up the court effort to declare his placement atop the Justice Department as unconstitutional.Sens. Richard Blumenthal of Connecticut, Sheldon Whitehouse of Rhode Island and Mazie Hirono of Hawaii filed the suit in US District Court on Monday, represented by the progressive public interest groups Protect Democracy and the Constitutional Accountability Center."The stakes are too high to allow the president to install an unconfirmed lackey to lead the Department of Justice — a lackey whose stated purpose, apparently, is undermining a major investigation into the president," Whitehouse said in a statement.The lawsuit is only the latest challenge to Whitaker's appointment to replace Jeff Sessions after President Donald Trump fired his attorney general the day after the election.Whitaker has come under fire from Democrats and others because he was a vocal critic of special counsel Robert Mueller's investigation before joining the Justice Department.He was serving as Sessions' chief of staff before Sessions was ousted, and has not gone through the Senate confirmation process in that role. His appointment leap-frogged Deputy Attorney General Rod Rosenstein, which also gave Whitaker control over the Mueller investigation that had previously been supervised by Rosenstein.Democrats had previously urged Whitaker to recuse himself from supervising the Mueller investigation, in addition to questioning the constitutionality of his appointment.Last week, the Justice Department issued a memo defending Whitaker's appointment, concluding that it was legally justified under the Vacancies Reform Act because it's a temporary appointment and "he had been serving in the Department of Justice at a sufficiently senior pay level for over a year."The Senate Democrats' lawsuit, however, argues that his appointment is unconstitutional under the Constitution's Appointments Clause requiring Senate confirmation of high-level federal appointees.In addition to the lawsuit filed Monday, Maryland's attorney general filed suit last week asking a federal judge to replace Whitaker with Rosenstein. Attorney Tom Goldstein, who is representing Maryland in that case, also filed a separate motion asking the Supreme Court to declare Rosenstein as acting attorney general.Whitaker has also come under scrutiny from House Democrats, who will take control of the chamber in January. Four expected committee chairmen sent letters to Whitaker and others asking for information about Whitaker's involvement in a company shuttered by the Federal Trade Commission, declaring they plan to investigate the matter next year.Trump said in an interview on "Fox News Sunday" that "it's going to be up to him" when asked if he would accept attempts by Whitaker to curtail the Mueller investigation. 2918