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The future of the Deferred Action for Childhood Arrivals program got murkier Tuesday when the Texas attorney general made good on a threat to challenge it in court.The lawsuit throws a wrench in an already-complicated legal morass for the DACA program, which protects young undocumented immigrants who came to the US as children and which President Donald Trump has been blocked from ending, for the time being, by other federal courts.The lawsuit has the potential to create a headache for the Justice Department and courts as it could potentially conflict with rulings from judges in three separate judicial regions of the country who have blocked the end of DACA and could force the government to take an awkward position in the case.It may also potentially seal the issue's path to the Supreme Court.Texas Attorney General Ken Paxton and six other states on Tuesday filed a lawsuit challenging the lawfulness of DACA, arguing that former President Barack Obama's initial creation of DACA in 2012 violated the Constitution and federal law.The case was also re-assigned late Tuesday to District Judge Andrew Hanen, the judge who initially issued the nationwide ruling preventing DACA from being expanded through a similar program in 2014. Hanen was seen as particularly unfriendly to DACA based on his ruling in the related case, and advocates feared a DACA challenge before him would likely be decided the same way. His ruling ended up remaining in place after a Supreme Court challenge deadlocked 4-4 while awaiting a new justice after the death of Justice Antonin Scalia.The move follows through on a threat from Paxton and what was originally nine other states to challenge DACA in court as part of a lawsuit regarding a similar but broader program that expanded upon DACA to include parents. Paxton issued an ultimatum to Trump: End DACA himself or defend it in court and face the prospect it is overturned by a judge that had already rejected the program's expansion in that other lawsuit.Under Paxton's threat, Trump and his administration decided to end the program in September, with a wind-down period ostensibly to allow Congress to act to save it legislatively. After the administration said they would rescind the program, Paxton backed off and allowed the other lawsuit to be dispensed with.But multiple lawsuits were filed challenging the way Trump ended the program -- resulting in multiple federal judges putting the brakes on the move and ordering the Department of Homeland Security to resume processing renewals for the roughly 700,000 participants in the program. A federal judge in DC last week went a step further, saying the department had to resume accepting new applications unless it issued a new legal justification for ending the program that passed muster within 90 days.The Trump administration had used the possibility of a court immediately terminating DACA in response to such a lawsuit from Paxton as the justification for ending the program altogether -- a justification the federal judge in DC found flimsy.Congress, meanwhile, has failed to reach consensus on how to preserve the program with legislation, and the court rulings preserving the program only served to further take the pressure off lawmakers.The states challenging DACA are Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina and West Virginia.Tuesday's move leaves plenty of questions going forward -- including whether the Justice Department will defend DACA in court in Texas or allow another entity to argue in its favor. The ruling could also have implications for the DC case and whether the administration's legal reasoning gains credence.If the Texas court were to also issue a nationwide ruling in favor of the termination of DACA, it could set up dueling nationwide decisions that would likely end up at the nation's highest court."The first three courts have ruled in favor of DACA recipients," said Stephen Yale-Loehr, a Cornell Law School professor and attorney with Miller Mayer. "If this lawsuit goes the other way, the Supreme Court may have to decide the issue." 4126

The company that makes Cream of Wheat says it is initiating an immediate review of its brand and packaging as the nation's institutions hold ongoing conversations about race amid weekslong protests."B&G Foods, Inc. today announced that we are initiating an immediate review of the Cream of Wheat brand packaging," the company said in a statement Wednesday. "We understand there are concerns regarding the Chef image, and we are committed to evaluating our packaging and will proactively take steps to ensure that we and our brands do not inadvertently contribute to systemic racism."Cream of Wheat's packaging includes an image of a black chef. In early advertisements, copy refers to the chef as "Rastus" — a term now considered a slur. The name refers to a minstrel show caricature of a stereotypically happy black man.Cream of Wheat follows in the footsteps of Aunt Jemima pancake mix, which announced Wednesday that it would drop its mascot (also rooted in minstrel show tropes) and change its name. Uncle Ben's rice, which also uses a black man's portrait on its packaging, said it planned to "evolve" the brand, but did not offer specifics.Protests against systemic racism and police brutality across the country were sparked by the death of George Floyd, a black man who died in police custody in Minneapolis. Bystander video from Floyd's arrest showed a police officer, later identified as Derek Chauvin, kneeling on Floyd's neck for more than eight minutes. 1478

The go-to comfort food for Americans during the COVID-19 pandemic appears to be chocolate. Sales of chocolate have been on the rise since mid-March.During the second quarter of 2020, roughly March through June, people bought .7B worth of chocolate. That’s a 6.3 percent increase from the same time period last year, according to Nielsen.Mars Wrigley, which owns brands like M&M’s and Snickers, told CNN online sales have been stronger in recent months.Research firm NPD recently said Americans were increasing their snacking while stay-at-home orders were in place.During the first few weeks of April, between meal snacking was up 4 percent, according to NPD’s research. They also found 37 percent of consumers were stocking up on salty snacks and frozen treats. 776

The Environmental Protection Agency confirmed Monday the content of internal EPA emails that appear to contradict EPA Administrator Scott Pruitt's claim he didn't know about or authorize big pay raises for two close aides.However, an EPA spokeswoman said there was no evidence in the emails that Pruitt knew about the pay raises.The Atlantic reported last Monday that Pruitt requested pay raises for "two of his closest aides," in March, a request the White House declined, according to a source with knowledge of the discussion. EPA then used an obscure provision to give the staffers, Sarah Greenwalt and Millan Hupp, the raises.On Wednesday, Pruitt told Fox News, "I did not know that they got the pay raises until (Tuesday)."The EPA spokeswoman confirmed to CNN an email exchange, also first reported by The Atlantic, between Greenwalt and the human resources department at the EPA. She previously worked with Pruitt in the Oklahoma attorney general's office.In one of the emails, EPA's human resources department tells Greenwalt that it processed her title change. When Greenwalt asks what her salary increase was, the department told her there was no increase in her salary. Greenwalt responded that the administrator indicated she should have one, referring to a salary increase."There's no way to prove what she said is true; a lot of people say the administrator said this or that," said the EPA spokeswoman, who reached out to CNN to explain the emails.The spokeswoman confirmed she saw the emails and confirmed the content of the emails. No specific dollar amount for the raise was mentioned in the email exchange, according to the spokeswoman."While she may claim that the administrator knows about her raise, there is no email proof that I've seen, or communications or documents from Scott Pruitt to HR or to (Greenwalt) about that particular raise," the spokeswoman said.On Monday, EPA chief of staff Ryan Jackson said in a statement to The Atlantic that he is taking responsibility for the raises and that Pruitt "had zero knowledge of the amount of the raises, nor the process by which they transpired."The EPA spokeswoman confirmed the existence of a second email from the liaison between the White House and EPA to the agency's human resources department expressing concerns from the White House about such significant raises, but noting that the administrator had indicated to move forward with it.In an effort to explain that email, the spokeswoman said despite the content of the second email, what that person really meant was "the administrator's office," not the administrator himself, decided to go ahead with the raises.Pruitt has come under increasing fire in recent weeks as reports steadily uncover extensive spending on travel and other potentially major ethical lapses, including an agreement to rent a room in Washington for only a night from a lobbyist couple whose firm lobbies the EPA.President Donald Trump said last Thursday he still had confidence in Pruitt.  3015

The Geminid meteor shower peaks this week, so hope for clear skies that will let you see a beautiful show of green fireballs on Thursday and Friday. This will be the last -- and strongest -- meteor shower of the year, according to NASA.This phenomenon was first recorded in 1862 and causes a show each December.In the hours before sunrise Friday, the most meteors will be visible in the North American sky, peaking about 7:30 a.m. ET, predicts Sky & Telescope. To see when they will peak in your part of the world, check here.But the morning isn't your only chance. On Thursday and Friday, keep an eye on the sky a few hours after sunset -- just keep the moon at your back.Although the Geminid shower is known for its "shooting stars," the number of meteors visible depends on the time and how dark it is. There will be fewer of them earlier in the evening, but the shower should hit a maximum of about 100 per hour around 2 a.m., NASA said. For those in the suburbs, expect about 30 to 40 per hour. And if you're in a city like New York, San Francisco or Atlanta, you probably won't see anything.Early evening meteors may be longer, with dramatic streaks that last several seconds. Later on, the meteors will present quicker streaks or leave trails of smoke that appear to glow.The asteroid 3200 Phaethon is responsible for this meteor shower, which is unusual because comets usually create meteor showers with icy debris. Scientists have debated the very nature of what Phaethon is. The closely tracked near-Earth asteroid has been likened to comets, so it's been called a "rock comet."Phaethon was discovered in October 1983 and named after the Greek myth about the son of Helios, the sun god, because it closely approaches our sun.Phaethon orbits the sun closer than any other asteroid and takes 1.4 years to orbit it. The asteroid heats to about 1,300 degrees Fahrenheit on closest approach to the sun, which causes it to shed dusty debris.These particles cause the meteor shower when they plunge into Earth's atmosphere at 22 miles per second, vaporizing in the streaks we call "shooting stars."If you live in an urban area, you may want to drive to a place that isn't littered with city lights that will obstruct your view. If you're able to find an area unaffected by light pollution, meteors could be visible every couple of minutes from 10 p.m. until dawn.Find an open area with a wide view of the sky, and don't forget to bundle up. Make sure you have a chair or blanket so you can look straight up. And give your eyes about 20 to 30 minutes to adjust to the darkness -- without looking at your phone -- so meteors are easier to spot.While you're keeping an eye out for the meteor shower, you might see a small, foggy green patch in the sky, NASA said. That will be Comet 46P/Wirtanen, which is making its closest approach to Earth -- within 7 million miles -- for the next 20 years. And it will be visible to the naked eye. The comet is expected to come closest to Earth and peak Sunday. 3007