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The Supreme Court on Tuesday invalidated a provision of federal law that requires the mandatory deportation of immigrants who have been convicted of some crimes, holding that the law is unconstitutionally vague.The case, Sessions v. Dimaya, had been closely watched to see if the justices would reveal how they will consider the Trump administration's overall push to both limit immigration and increase deportations.As expected after the oral argument, Justice Neil Gorsuch joined with the more liberal justices for the first time since joining the court to produce a 5-4 majority invalidating the federal statute. In doing so, Gorsuch was continuing the jurisprudence of Justice Antonin Scalia, who also sided with liberals when it came to the vagueness of statutes used to convict criminal defendants.Only eight justices heard the case last term after Scalia's death, and in late June, the court announced it would re-hear arguments this term, presumably so that Gorsuch could break some kind of a tie.Dimaya, a native of the Philippines, was admitted to the United States in 1992 as a lawful permanent resident. In 2007 and 2009, he pleaded no contest to charges of residential burglary in California and an immigration judge determined that Dimaya was removable from the US because of his two state court convictions.The court held that the convictions qualified for an "aggravated felony" under the Immigration and Nationality Act, which authorizes removal of non-citizens who have been convicted of some violent crimes and defines aggravated felony to include "crimes of violence."Lawyers for Dimaya appealed the removal arguing that it was unconstitutionally vague and that their client never had fair notice that his crimes would result in deportation.They suggested the reasoning of a 2015 Scalia opinion, which struck a provision of the Armed Career Criminal Act as unconstitutionally vague, should extend to their case. 1945
The Trump campaign has officially requested a recount in two Wisconsin counties, just one day after all 72 counties had reported they finished their canvassing.President Donald Trump and his campaign had a deadline of 5 p.m. Wednesday to demand a recount in the state.The Wisconsin Election Commission (WEC) said the request could be delivered to the commission in person or filed electronically, as long as it was received by 5 p.m.On Wednesday, the Trump campaign ordered a recount in both Milwaukee and Dane Counties — two of the most populous and Democratic-leaning counties in the state.The WEC added that the campaign wired million Tuesday evening.The fees for a recount vary based on where the president would like a recount. The whole state is much more expensive than a county by county recount.The news of the recount comes after The Associated Press projected Joe Biden as the winner in Wisconsin. Biden leads Trump statewide by about 0.3%, or 20,000 votes.This story was originally published by Julia Marshall on WTMJ in Milwaukee, Wisconsin. 1065
The San Francisco 49ers released linebacker Reuben Foster on Sunday morning, hours after he was arrested on a domestic violence charge at a Tampa, Florida, hotel.Foster, 24, was arrested after Tampa Police officers responded to the Grand Hyatt hotel shortly after 9 p.m. Saturday, according to a release from the City of Tampa. The former first-round NFL draft pick was charged with one count of first-degree misdemeanor domestic violence and booked into the Hillsborough County Jail, the release says.Police said Foster's 28-year-old female companion reported that he "slapped her phone out of her hand, pushed her in the chest area, and slapped her with an open hand on the right side of her face."Officers observed a one-inch scratch on the woman's left collarbone, the release states. Investigating officers learned that Foster and the woman had lived together in the past and were in an on-again, off-again relationship over the past three years, the release says.The 49ers released Foster just hours before their scheduled game against the Tampa Bay Buccaneers.It was unclear Sunday morning whether Foster has retained an attorney.A college star at Alabama, Foster was the 31st overall pick in last year's NFL draft but has had several arrests since.He was charged with felony domestic violence in April for allegedly attacking his girflriend in February at their home, leaving her bruised and with a ruptured eardrum, the Santa Clara County District Attorney said. The charges were dismissed after the victim recanted her story, although the Santa Clara DA's office said the evidence demonstrated he "seriously hurt his girlfriend."The NFL had suspended him without pay for the first two games of this season in relation to a weapons offense and a misdemeanor drug offense which were resolved earlier this year, the 49ers said in a statement on its website."I accept the League's decision and am sorry that my mistakes have hurt my team," Foster said in July when the suspension was announced. "I have a responsibility to the 49ers, our fans and our community, and I am committed to learning from this situation and making better choices in the future. The support I have received over the last five months has been humbling, and I do not take it for granted."49ers General Manager John Lynch said at the time that they supported the league's decision to suspend Foster and hoped he had learned his lesson."Although we are disappointed that Reuben will not be with our team for the first two games of the season, we will continue to work with him on making better decisions and eliminating unnecessary distractions," Lynch said. "We are encouraged to see Reuben take responsibility for his mistakes, and hopeful that he has learned from them as well."In his two seasons with the 49ers Foster played in 16 games and recorded 84 tackles. 2850
The Scripps National Spelling Bee is welcoming applicants for its second year of RSVBee, the invitational program that creates more opportunities for champion spellers to compete in the national finals in National Harbor, Maryland.Last year, more than 230 students competed in the national finals through RSVBee, including the 2018 Champion, Karthik Nemmani, from McKinney, Texas.To be eligible, students must attend a school that is enrolled in the Scripps National Spelling Bee program and be a school or community spelling champion during the 2018-19 school year. Students who previously competed in the national finals also are eligible to apply. Parents can complete the online application form on behalf of their children between now and March 22, 2019.There are new application and invitation acceptance guidelines for RSVBee: 841
The school buildings in Evanston, Illinois, are still empty. But the district’s recently hired superintendent caused a stir during a public Zoom meeting announcing how the they will decide which students get priority seating when in-person learning resumes.“We have to make sure that students, who have been oppressed, that we don’t continue to oppress them, and we give them opportunity,” said school superintendent Dr. Devon Horton of the Evanston/Skokie school district in late July.“We will be targeting our dependent learners – those are students who are marginalized first,” he said.Low-income students, special needs and those dealing with homelessness are just some who will be first in line. There have been angry letters, petitions and even death threats to the superintendent and school board.“Understanding that other folks are experiencing more vulnerability and more harm than my family is experiencing,” says Anya Tanyavutti, a parent of two and the Evanston district’s school board president. “I'm happy to see those resources go to people who need it more.”For the last four years, the Evanston school district has been working on implementing anti-racism resolutions and curricula to address inequity.“Taking an anti-racist stance requires some sort of sacrifice,” says Dr. Onnie Rogers a professor at Northwestern University’s school of Education and Social Policy. “I think that's really the part of racial equity that our country is still getting used to on the ground.”Here in Evanston, the achievement gap does fall along racial lines where Black and Latino students are one-third as likely as white students to meet college readiness benchmarks.The district acknowledges that its plan to allow some students to return before others falls mostly along racial lines. But it is need, they say, not race, that will be the determining factor.“If we simply said we're gonna just reopen for whoever wants to come, then the people who are most well-resourced and most well-connected would likely be able to get those seats prior to people who are challenged with homelessness or challenged with getting food on the table,” says Tanyavutti.And there has been opposition. Arlington, Virginia, based ‘Students for Fair Admissions’- a non-profit advocacy group that has mounted legal challenges to affirmative action, has called the district’s plan unconstitutional.“If that student has unique special needs then that's fine to take those into consideration,” says Edward Blum, president of Students for Fair Admissions. “What is not fine to take into consideration is the skin color or ethnic heritage of students.”“It has been legally reviewed, and I am confident that we are operating within the bounds of our Constitution,” says Tanyavutti.In-person learning is tentatively scheduled to resume in mid-November. And while the district says it will accommodate as many students as possible the priority remains their most vulnerable student population. 2974