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A federal judge in Texas is set to hear arguments on whether he should end the Deferred Action for Childhood Arrivals program, a case that could tee up a fast track for the issue to hit the Supreme Court this fall.District Judge Andrew Hanen, a George W. Bush appointee, will hear arguments from seven states that sued over DACA, a program that protects from deportation young undocumented immigrants who came to the US as children. The states, led by Texas, argue the DACA program is unconstitutional -- relying heavily on a previous court ruling from Hanen that blocked an expansion of the program and the creation of a similar program for immigrant parents from going into effect.At issue Wednesday will be whether Hanen should immediately order a halt to the program, setting the stage for him to make a final ruling on its constitutionality. 854

A man is being charged with assault after fighting with an IHOP manager last week after the manager asked the party to leave a IHOP in Memphis, WREG-TV reported. According to WREG, the IHOP manager asked Malachi O'Kelley's party of five to leave for being loud. A video of the incident shows most of the party leaving when O'Kelley allegedly attacked the manager. One of the members of the party threw a chair at the manager during the scuffle. Other members of the party also threw plates at IHOP employee. The manager responded by throwing a chair at one of the members of the party.WREG reported the manager received multiple stitches to the back of his head, above the eye and near the eyebrow. No other people have been charged in connection to last week's incident. The manager is reportedly back to work, and is looking at increasing security at the restaurant.  Note: Viewers may find video of incident disturbing 984

A federal judge has dismissed several charges against Dr. Jumana Nagarwala in the historic female genital mutilation case, ruling that the federal law against female genital mutilation is unconstitutional.U.S. District Court Judge Bernard Friedman ruled that Congress did not have the power to enact a federal law that banned female genital mutilation in the United States.Instead, Friedman made the argument that the law was too broad and it violated Congress' powers, as the law does not stand up to scrutiny under either the Necessary and Proper Clause or the Commerce Clause of the US Constitution.He also found that laws penalizing Female Genital Mutilation should be handled at the state level, similar to laws regarding Criminal Sexual Conduct, battery or child abuse.  Shannon Smith is the Defense Attorney for Dr. Nagarwala.  She says the ruling is "absolutely a huge victory. When you actually studied the law they enacted, there was no constitutional basis for them to enact the law. It’s really an issue that should be left to the states."Smith also claims the doctors did not perform Female Genital Mutilation, saying instead they performed a mild form of female circumcision."What Dr. Nagarwala was doing, if we had gone to trial, would have been vindicated that she was not mutilating little girls. While we’re happy with the victory and we’ll certainly take it, there’s a part of me that’s a little disappointed that the public isn’t going to see the evidence brought out at a trial to see that she was never guilty of it in the first place," Smith said.The ruling comes after Friedman also dismissed a "conspiracy to transport minor with intent to engage in criminal sexual activity" charge in January. That was the only count that could have lead to life in prison for both Nagarwala and Dr. Fakhruddin Attar.Friedman's ruling leaves two counts in place in the case. Nargarwala is charged with "conspiracy to travel with intent to engage in illicit sexual conduct," and four of the defendants are charged with conspiracy to obstruct an official proceeding.Judge dismisses several charges in FGM case by WXYZ-TV Channel 7 Detroit on Scribd 2194

A historic bill to legalize marijuana at the federal level is expected to come up for a vote in the House of Representatives in December.This would be the first time a chamber of Congress has ever voted on removing marijuana from the Controlled Substances Act.Cannabis was included as what is called a Schedule I drug under the Controlled Substances Act in 1970. Schedule I drugs are defined as having a high potential for abuse and no medical benefit. Other Schedule I drugs include heroin, LSD, ecstasy and peyote.“I write to share the busy Floor schedule we have for the remainder of the year,” starts a letter from Representative Steny Hoyer, House Majority Leader. “In December … the House will vote on the MORE Act to decriminalize cannabis and expunge convictions for non-violent cannabis offenses that have prevented many Americans from getting jobs, applying for credit and loans, and accessing opportunities that make it possible to get ahead in our economy.”The MORE Act - Marijuana Opportunity Reinvestment and Expungement Act - includes language that would expunge some cannabis records and create grant opportunities for people who have been negatively impacted by the criminalization of marijuana in addition to removing it from its Schedule I classification.The act is sponsored by now-Vice President-elect Kamala Harris, and co-sponsored by seven other representatives including New Jersey Congressman Cory Booker and Massachusetts Congresswoman Elizabeth Warren.Senate Majority Leader Mitch McConnell is opposed to the act, and some say the odds of it passing the senate, even if it passes the House, are very slim.Marijuana is already legal in more than a dozen states, despite the federal designation as a Schedule I drug.Studies show more people support the legalization of marijuana. A 2019 Gallup poll showed majority-support across major political parties for legalizing marijuana. It showed 51% of Republicans, 68% of independents, and 76% of Democrats are in favor of it.During the November election, medical and recreational marijuana use was on the ballot in a handful of states. Four states, Arizona, Montana, New Jersey, and South Dakota, voted to make recreational marijuana use legal in their states. And Mississippi voters approved marijuana for medical use.Even if the MORE Act passes both chambers of Congress, it would not make sales of marijuana legal. Regulation of marijuana would be left to states to decide how to handle it. 2473

A church in the Charlotte, North Carolina, area is confronting a massive COVID-19 outbreak.According to the Mecklenburg County Public Health, there have been 68 confirmed COVID-19 cases potentially connected with convocation events held at the United House of Prayer For All People. The events were held from October 4 to 11.Among the 68 confirmed cases, there have been four hospitalizations and two fatalities. Six of the confirmed cases were among residents of an assisted living facility.In response, public health officials have been attempting to conduct contact tracing to identify other possible cases. As of Wednesday, there were 94 close contacts that public health officials were attempting to reach.Complicating matters, Deputy Health Director Dr. Raynard Washington said that several attendees traveled from abroad.Churches have been a concern for public health officials since the start of the pandemic, prompting many religious institutions to have online or outdoor services amid the pandemic.Another major church-related outbreak was reported in Ohio during the summer. Fifty-three attendees became infected with the coronavirus in July prompting concern from Gov. Mike DeWine.Early in the pandemic in March, according to the CDC, 53 members of a Skagit County, Washington, church choir who participated in a March 10 practice had a confirmed or probably case of the coronavirus.“The act of singing, itself, might have contributed to transmission through emission of aerosols, which is affected by loudness of vocalization,” the CDC said. 1563