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A Canadian judge who wore a "Make America Great Again" baseball cap in his courtroom has been suspended for 30 days without pay.A panel investigated complaints made about Ontario Justice Bernd Zabel stemming from an incident in November of 2016. The panel found that the judge wore the baseball cap into his courtroom, made comments about the U.S. presidential election, and also commented on his political views, as well as those of other judges. The panel also found that when the judge gave a public statement about that day in court, his comments were not consistent with what had happened.The panel hearing was held August 23, and the panel received 81 letters of complaint. Panel members also reviewed a number of other items, including an Agreed Statement of Facts, in which Judge Zabel admitted he "engaged in judicial misconduct." On September 11, 2017, the panel determined there was judicial misconduct, and suspended the judge for 30 days without pay. It's the most serious sanction permitted by law short of removing the judge from office.  1091

A lawsuit against Harvard brought on behalf of Asian-American students who failed to gain admission goes to trial on Monday in one of the most consequential race cases in decades, with affirmative action policies across the country at stake.The lawsuit was crafted by conservative advocates who have long fought racial admissions practices that traditionally benefited African-American and Latino students. Their ultimate goal is to reverse the 1978 Supreme Court case that upheld admissions policies that consider the race of students for campus diversity.Parties on both sides expect the Supreme Court to eventually resolve the issue. And with President Donald Trump's two appointees, Justices Neil Gorsuch and Brett Kavanaugh, the high court now has five conservative justices who may be inclined to reverse the landmark ruling.The challengers are led by Edward Blum, a conservative activist who has devised a series of claims against racial policies, including an earlier affirmative action lawsuit on behalf of Abigail Fisher against the University of Texas and several challenges to the 1965 Voting Rights Act.Justice Anthony Kennedy, the key vote in 2016 when the court last endorsed race-based admissions in the University of Texas case, was replaced by Kavanaugh earlier this month. Gorsuch succeeded the late Justice Antonin Scalia, who had opposed all affirmative action and criticized the University of Texas program, but died before that case was completed.The Students for Fair Admissions group Blum founded when he filed the Harvard case in November 2014 contends the university engages in unlawful "racial balancing" as it boosts the chances of admissions for blacks and Hispanics and lowers the chances for Asian Americans.Harvard's practices, the group says, are "the same kind of discrimination and stereotyping that it used to justify quotas on Jewish applicants in the 1920s and 1930s."That assertion has deeply resonated with some Asian Americans who fear they are held to a higher standard than other applicants to prestigious universities. Yet Asian-American advocates, representing a wide swath of backgrounds and educational experiences, have come in on both sides of the case.Some who back the lawsuit seek to end all consideration of race in admissions, while others, siding with Harvard, argue that universities should be able to consider race for campus diversity and that some Asian Americans, particularly those with ties to Southeast Asian countries, may have had fewer educational opportunities before applying to college.The NAACP Legal Defense and Educational Fund filed a brief on behalf of 25 Harvard student and alumni organizations comprising blacks, Latinos, Native Americans, Asian Americans and whites. The Legal Defense Fund calls the lawsuit an effort "to sow racial division" and emphasizes the Supreme Court's repeated endorsement of the 1978 case Regents of the University of California v. Bakke.Those subsequent rulings, however, turned on a single vote, either that of Kennedy or Justice Sandra Day O'Connor, who retired in 2006.The Trump administration, which is separately scrutinizing of race-based admissions practices at Harvard through its Education and Justice departments based on a complaint from more than 60 Asian American groups, has backed Students for Fair Admissions.Harvard, the country's oldest institution of higher education, denies that it engages in racial balancing or limits Asian-American admissions. It defends its longstanding effort for racial diversity as part of the education mission and says admissions officers undertake a "whole-person evaluation" that includes academics, extracurricular activities, talents and personal qualities, as well as socioeconomic background and race.Since the case was first filed, both sides have mined similar statistical evidence and testimony but with sharply contrasting conclusions -- all of which will now be presented before US District Court Judge Allison Burroughs."Each party relies on its own expert reports to show the presence or absence of a negative effect of being Asian American on the likelihood of admission ... and claims that there is substantial -- or zero -- documentary and testimonial evidence of discriminatory intent," Burroughs said in an order last month rejecting requests from both sides to rule for each, respectively, before trial.The case was brought under Title VI of the 1964 Civil Rights Act, prohibiting racial discrimination at private institutions that receive federal funds.Burroughs, a 2014 appointee of President Barack Obama, has said she expects the trial to last about three weeks. Both sides will offer opening statements on Monday. 4719

A faulty engine part that could cause vehicles to stall has led to a recall of 400,000 worldwide.The recall affects Toyota Motor Corp. and Subaru Corp., MarketWatch reports. About 80,000 of the 400,000 are Toyotas.Subaru is recalling some of its most popular models, such as the Forester sport-utility vehicle and Impreza and BRZ sports car. Toyota is recalling the Subaru-made 86 and Scion FR-S sports car, MarketWatch said.The automakers announced springs in the engine valve could fracture. That would cause the vehicles to stall and possibly lead to an accident.Earlier in October, Toyota recalled approximately 2.4 million vehicles worldwide due to a problem in which the cars may not enter a fail-safe driving mode as intended, which can cause the vehicle to lose power and stall. About 807,000 of those vehicles are in the United States. If this happens while driving at higher speeds, it could cause a crash. The recall affects 2010-2014 model year Toyota Prius and 2012-2014 Prius v vehicles.There was a second recall involving certain 2018-2019 Tundra and Sequoia vehicles and 2019 Avalon vehicles. About 168,000 vehicles sold in the United States are affected by this recall, which is due to a programming problem in the airbag electronic control unit (ECU) that could disable one or more of the sensors used to detect crashes, possibly causing the side and curtain shield airbags and/or front and knee airbags to not deploy as intended.  1502

A hospital in Paradise, California, evacuated its patients as the Camp Fire, which was sparked early Thursday, got uncomfortably close.?"Given the Butte County fire is within close proximity, as a precaution Adventist Health Feather River Medical Center is evacuating all patients. All patients are being transported to surrounding area hospitals," a statement said.The Camp Fire began about 6:33 a.m. and within three hours had burned about 5,000 acres, according to the California Department of Forestry and Fire Protection.Multiple roads are closed as a result of the blaze.The Butte County Sheriff's Office issued evacuation orders and warnings for numerous fire zones in the area.A red flag warning is in effect in the area, meaning Thursday will bring strong winds and low humidity that threaten to spread the wildfire.Paradise is located about 85 miles north of Sacramento, just west of the Plumas National Forest.The chamber of commerce in nearby Chico said The Neighborhood Church was being set up as an evacuation center. 1039

A Brooklyn woman whose racist, profanity-laced tirade on the New York subway was captured on video this week has been charged with felony assault after she struck a fellow passenger, authorities said.The dispute between Anna Lushchinskaya, a 40-year-old white woman, and the 24-year-old passenger, a woman of Asian descent, began after Lushchinskaya bumped into the woman early Tuesday, the New York Police Department told CNN.Lushchinskaya yelled profanities at the victim on the northbound D train, hitting her with an umbrella and keys, the NYPD said. On video captured by witnesses, Lushchinskaya can be heard calling the woman a racial slur.Lushchinskaya was apprehended at the 36th Street Station and arrested, the NYPD said.CNN could not reach Lushchinskaya or her attorneys for comment Friday.Lushchinskaya was arraigned in Kings County Criminal Court following the incident, according to Brooklyn District Attorney spokesperson Oren Yaniv. She pleaded not guilty and posted ,000 cash bond, according to court records.She is due back in court January 22.The victim suffered cuts to her face, the NYPD said. She told CNN affiliate WABC, which said she wanted to remain anonymous, that she was grateful people intervened.A 30-year old good Samaritan suffered scratches when he intervened, the NYPD said.Several subway riders captured the tirade on video. The incident has since been viewed by millions of people on social media.The video shows the woman yelling profanities at the victim and calling another rider "retarded.""F*** off," Lushchinskaya allegedly said several times before striking the victim with her hand.She then took off her sunglasses and gloves, pulled her hair back and took her umbrella and keys from her bag, according to the video. Then, she began kicking the woman, who defended herself.Passengers intervened, trying to restrain Lushchinskaya, and told her to stop. One person threatened to call the police.The video shows Lushchinskaya striking the woman several times with her umbrella and her keys and again kicking her."She's not even fighting you back," one person is heard saying.At least two subway riders tried to wrestle the umbrella away.Lushchinskaya is seen spitting in the direction of the victim before yelling more profanity and a racial slur.Juan Ayala, who was filming the incident, said he decided to intervene, but Lushchinskaya lashed out at him. A video posted by another user shows Ayala talking to Lushchinskaya."Do not spit at me," Ayala says in the video, to which Lushchinskaya replies, "What are you, her attorney? F***ing Mohammed."The subway car erupts in a gasp and Ayala gives his reply: "What? B****, I'm Dominican!"Fellow subway riders protested. "Your white privilege ain't working over here," one man is heard saying.The victim told WABC she felt lucky the woman didn't have a weapon like a gun or a knife "because it could have got a lot worse.""I'm lucky that people were on the train who were helping me, especially the first Asian guy who stood in front of me right away because he wasn't recording. He just stood in front of me to help me, because I know other people were recording, but their recording didn't do anything until later on when it escalated," she said.This is Lushchinskaya's second arrest this year for a subway altercation -- both took place at the 36th Street Station in Brooklyn. In June, she was arrested for allegedly pepper spraying a man and woman, according to DCPI detective Sophia Mason. Both were Hispanic. She was charged with harassment, menacing with a weapon and attempted assault. 3593