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The Trump administration on Monday said the entire Affordable Care Act should be struck down, in a dramatic reversal.In a filing with a federal appeals court, the Justice Department said it agreed with the ruling of a federal judge in Texas that invalidated the Obama-era health care law.In a letter Monday night, the administration said "it is not urging that any portion of the district court's judgment be reversed.""The Department of Justice has determined that the district court's comprehensive opinion came to the correct conclusion and will support it on appeal," said Kerri Kupec, spokesperson for the Justice Department.It's a major shift for the Justice Department from when Jeff Sessions was attorney general. At the time, the administration argued that the community rating rule and the guaranteed issue requirement -- protections for people with pre-existing conditions -- could not be defended but the rest of the law could stand.After the Justice Department took that position, federal District Judge Reed O'Connor struck down the entire law and the case is currently before a federal appeals court.The Trump administration would not defend the law in court so a coalition of 21 Democratic states led by California stepped in."This lawsuit is as dangerous as it is reckless. It threatens the healthcare of tens of millions of Americans across the country -- from California to Kentucky and all the way to Maine," said California Attorney General Xavier Becerra in a statement. "The Affordable Care Act is an integral part of our healthcare system. ... Because no American should fear losing healthcare, we will defend the ACA every step of the way." 1677

The US Food and Drug Administration on Monday warned leading e-cigarette maker Juul Labs about illegally marketing its product as a safer alternative to cigarettes.The FDA ordered Juul to respond within 15 days with corrective actions and its plan to comply with federal law. It noted that failure to comply could result in fines, seizures or injunction."Regardless of where products like e-cigarettes fall on the continuum of tobacco product risk, the law is clear that, before marketing tobacco products for reduced risk, companies must demonstrate with scientific evidence that their specific product does in fact pose less risk or is less harmful. JUUL has ignored the law, and very concerningly, has made some of these statements in school to our nation's youth," Acting FDA Commissioner Dr. Ned Sharpless said in a statement.The FDA sent a separate letter to Juul "expressing concern, and requesting more information, about several issues raised in a recent Congressional hearing regarding JUUL's outreach and marking practices, including those targeted at students, tribes, health insurers and employers."The agency requested documents related to marketing, including scientific evidence and data such as consumer perception studies "related to whether these statements and representations explicitly or implicitly convey that JUUL products pose less risk, are less harmful, present reduced exposure, are safer than other tobacco products or that the products are smoking cessation products.In November, the FDA revealed that vaping had increased nearly 80% among high schoolers and 50% among middle schoolers since a year earlier. Public health experts have said that Juul has largely propelled the rise, commanding about 75% of the e-cigarette market in the United States."We believe you have a continuing responsibility to take action to address the epidemic of youth use of your products, some of which appears to have been a direct result of your product design and marketing campaigns, whether or not some of these practices have been discontinued," the FDA's letter to Juul said.Juul has maintained that its products are intended to convert adult smokers to what it described in the past as a less-harmful alternative. In other communications, the company says it cannot make claims its products are safer, in line with FDA regulations."We are reviewing the letters and will fully cooperate," according to a Juul Labs spokesperson.Calls for action against JuulLast week, Rep. Raja Krishnamoorthi, chairman of the House Oversight Subcommittee on Economic and Consumer Policy, asked the FDA in a letter to take "appropriate enforcement action" against Juul. He said the agency should "protect the American public from the fraudulent and unapproved medical claims" made by the company.Krishnamoorthi's letter followed a two-day hearing in July, after which the committee concluded that "JUUL appears to be violating FDA regulations against making unapproved express and implied claims that its product helps users stop smoking cigarettes and is safer than cigarettes."At the subcommittee hearing in July, several people testified that the company was directly marketing to children in high school, to the Cheyenne River Sioux Tribe and to smoking cessation groups.On Friday, the US Centers for Disease Control and Prevention announced that the agency is now aware of at least 450 possible cases of severe lung disease that could be caused by vaping across 33 states. There have been at least five deaths across five states -- one each in Illinois, Oregon, Minnesota, Indiana and California -- linked to the illnesses.After news of additional deaths spread on Friday, US Senate Democratic Whip Dick Durbin called on FDA's Sharpless to act on regulating e-cigarettes and flavors in the next 10 days. Durbin said he would call for Sharpless' resignation if he did not take action."As Acting Commissioner of the FDA, you alone have the power to stop this vaping epidemic, which has now reached the point where children and young adults are getting sick and dying," Durbin said in a statement. "If you continue to refuse to do your job -- which is to protect the public health -- then it is time to allow someone else to take the helm." 4254

The Pentagon's announcement that it will divert .6 billion in military construction funds to help fund President Donald Trump's border wall has sparked bipartisan anger from lawmakers who learned Wednesday that their states will be impacted by the decision.Domestically, just under .8 billion is being shifted away from projects in 23 states and three US territories.Additionally, the Pentagon will defer more than .8 billion in military construction projects overseas to free up over .6 billion in funds for 11 wall projects on the southern border with Mexico, according to a complete list obtained by CNN Wednesday.In total, 127 domestic and overseas projects are being put on hold to help fund the wall that Trump initially promised would be paid for by Mexico.Among the sites affected are facilities used to store hazardous waste, repair Navy ships and conduct cyber operations, that had been identified as being in need of repair or additional construction.Puerto Rico was among the hardest hit of all US states and territories as it will see more than 0 million in funding for planned military construction projects diverted to the wall under the Pentagon's plan.Trump has consistently sparred with Puerto Rican officials while he's been in office following 2017's Hurricane Maria."Most of the projects in Puerto Rico were a result of Hurricane Maria," a senior US defense official told CNN."We've got a rebuild effort that we have ongoing here and I mentioned these projects aren't scheduled to award for more than a year. These are projects that we have on the list something we can use now and backfill, we've got time to do that."Overseas, 1 million in projects at various locations in Europe will be impacted. These projects, including airfield upgrades and staging areas in Eastern Europe, are meant to improve the defense of US allies from Russian threats."All these projects are important to us but we also have to respond to the emergency we've been directed to respond to on the southwest border," the senior US defense official said Wednesday."Projects on the list have either existing capabilities or temporary solutions to mitigate any delays, all projects on the list are important and we will work with Congress to support them," the official said while adding that there are no "guarantees" that the money will in fact be back filled.Defense officials said Wednesday that there is no guarantee any of the money will be replaced for domestic or overseas projects. On Tuesday, chief Pentagon spokesperson Jonathan Hoffman said the Defense Department will not be seeking congressional funds to backfill the reprogrammed funding for overseas projects.Bipartisan criticismThe Pentagon notified individual lawmakers from states that will be impacted Wednesday, sparking bipartisan criticism.Utah's Republican senators, Mitt Romney and Mike Lee, expressed their concerns in a joint statement after learning military construction funds for projects at Hill Air Force Base would be reprogrammed.Specifically, they were told that million was being diverted from Hill AFB Composite Aircraft Antenna Calibration Facility and another million from the Utah Test and Training Range Consolidated Mission Control Center."In April, Senator Lee and I expressed our significant concerns to the Secretary of Defense regarding the potential diversion of funds for critical military construction projects in Utah," Romney said. "I'm disappointed that despite those concerns, two key military construction projects totaling million will be delayed as a result of the February 2019 emergency declaration."Congress has been ceding far too much powers to the executive branch for decades and it is far past time for Congress to restore the proper balance of power between the three branches," Lee said. "We should start that process by passing the ARTICLE ONE Act, which would correct the imbalances caused by the National Emergencies Act," Lee added.Virginia's Democratic senators, Tim Kaine and Mark Warner, said Wednesday that the Pentagon informed them of four military construction projects in their state that will lose a more than million in funds due to the Pentagon's decision to divert that money toward building President Donald Trump's border wall.In Virginia, the following projects will be affected:Cyber Operations Facility at Joint Base Langley-Eustis will lose ,000,000.Navy Ships Maintenance Facility in Portsmouth will lose ,120,000.A project to replace a hazardous materials warehouse in Norfolk will lose ,500,000.A project to replace a hazardous materials warehouse in Portsmouth will lose ,500,000."The decision by the President to divert funding meant to support U.S. national security interests so that he can build a border wall only makes us less safe," Warner said in a statement. "Taking money away from our military -- including funding to support critical projects here in Virginia -- will mean we are less equipped to tackle threats here at home and abroad.""I'm deeply concerned about President Trump's plan to pull funding from critical national security projects -- including millions of dollars from important projects in Virginia -- so he can build his border wall. The well-being of American troops is the core responsibility of every commander in the military, yet the Commander-in-Chief is shirking that duty so he can advance his own political agenda," Kaine added.West Point project impactedNew York Sens. Chuck Schumer and Kirsten Gillibrand, who is the top Democrat of the Senate Armed Services Personnel Subcommittee, said in a joint statement Wednesday they were told by the Defense Department that 0 million in funding allocated for an engineering center and supporting structures at the United States Military Academy at West Point would be repurposed."The United States Military Academy at West Point was founded as an engineering school, designed to ensure that our Army's leaders had access to the best resources and education that would enable them to succeed in their military careers in defense of our nation," Schumer said."Now, we find out that funds that Congress appropriated to design and build a state-of-the-art engineering center at West Point have been redirected for an expensive and ineffective wall at the southern border," the Senate Minority Leader added.Gillibrand said that Trump is "now stealing money from West Point and 126 other military installation projects across the country in order to work around Congress and build this needless vanity project.""Diverting this defense funding eliminates mission-critical facilities, placing our national security at risk and limiting the military's ability to compete with our country's most powerful adversaries," she wrote.Despite fighting to ensure no projects in Arizona were impacted by the Pentagon's decision, Republican Sen. Martha McSally said Wednesday that construction on the Ft. Huachuca Ground Transport Equipment Building would be deferred as a result. The project cost is million, she said.However, McSally sought to downplay the impact of the move on her home state, noting that "the lone project impacted in Arizona was already delayed due to unforeseen environmental issues at the construction site.""Importantly, while funding for this project was authorized and appropriated in FY19, it is no longer an FY19 project due to unforeseen environmental issues at the construction site," she said in a statement."The Army had to complete a major environmental cleanup before the actual construction project could be awarded. At the earliest, this pushed the award back to summer of FY20. The environmental cleanup is expected to continue until August 2020," McSally wrote.Space control facility loses fundingA Space control facility at Peterson Air Force Base in Colorado will also be impacted, according to Democratic Sen. Michael Bennet."President Trump's selfish decision to raid military construction funding is a new low in his ridiculous pursuit of a campaign promise. These projects, including the Space Control Facility at Peterson Air Force Base, were identified by the Department of Defense and the Trump Administration as critical to our military readiness. Taking money from operational priorities to pay for a wasteful and ineffective wall is grossly irresponsible and undermines our national security," he said in a statement.Defense Department officials say 127 military construction projects are being put on hold in order to use the .6 billion to fund building 175 miles of southern border wall.Of the 11 projects approved by the Secretary of Defense, six involve federal property, totaling approximately 94.5 miles, and five involve non-federal property, totaling approximately 81 miles, according to Pentagon spokesperson Chris Mitchell.Four of the projects are located in Yuma, Arizona; two are in San Diego, California; two others are in El Paso, Texas; and the final project is in Laredo, Texas, Mitchell said Wednesday.Construction is expected to begin in about 135 days in areas where the federal government already owns the land along the border, including the Department of Defense's Barry M. Goldwater test range in Arizona, according to Deputy Under Secretary of Defense Comptroller Elaine McCusker.McCusker said projects on private land could go past 2020 due to issues involved with land acquisition.According to chief Pentagon spokesperson Jonathan Hoffman, half the money is coming from deferred projects overseas, and the other half were planned for projects in the US.The money originally intended for overseas projects will be tapped first. 9663

This is the extraordinary tale of how a massive, strange-looking fish wound up on a beach on the other side of the world from where it lives.The seven-foot fish washed up at UC Santa Barbara's Coal Oil Point Reserve in Southern California last week. Researchers first thought it was a similar and more common species of sunfish -- until someone posted photos on a nature site and experts weighed in.What transpired after that surprised researchers from California to Australia and New Zealand.It turned out to be a species never seen before in North America. It's called the hoodwinker sunfish."When the clear pictures came through, I thought there was no doubt. This is totally a hoodwinker," said Marianne Nyegaard, a marine scientist who discovered the species in 2017. "I couldn't believe it. I nearly fell out of my chair."How the hoodwinker got its nameNyegaard spent years chasing the hoodwinker sunfish before she located and named the fish. All cases of the big fish were found in Australia, New Zealand, South Africa and Chile, she said. Except for one time in the 1890s, when drawings and records documented the fish appearing in the Netherlands.Scientists say there are five species of saltwater sunfish, and they come from different places. One enjoys tropical waters, another likes the subtropics and the hoodwinker prefers temperate water, Nyegaard told CNN. She works in the marine division at the Auckland War Memorial Museum in New Zealand."This is why it's so intriguing why it has turned up in California," she said. "We know it has the temperate distribution around here and off the coast of Chile, but then how did it cross the equator and turn up by you guys? It's intriguing what made this fish cross the equator."The antics of this wayward fish are comical, especially considering how the species got its name.As Nyegaard researched the fish, she realized some species of sunfish had been misidentified. One species that was thought to be rare was very common, while another fish thought to be common was misidentified, she said."It had gone unnoticed because no one really realized it looked different. There's a long history of confusion about the species in the sunfish family," Nyegaard said. "This fish had managed to stay out of sight and out of everybody's attention. It had been taken for mola mola (an ocean sunfish) so it was hoodwinking us all."And a bit of hoodwinking is what it was doing to researchers in California, too.Scientists first thought it was a different type of sunfishAn intern at Coal Oil Point Reserve alerted conservation specialist Jessica Nielsen to the dead beached sunfish on February 19. When Nielsen first saw it, the unusual features of the fish caught her eye."This is certainly the most remarkable organism I have seen wash up on the beach in my four years at the reserve," Nielsen said in a UC Santa Barbara press release.She posted some photos of the fish on the reserve's Facebook page. When colleague Thomas Turner saw the photos later that day, he rushed to the beach with his wife and young son.Turner, an evolutionary biologist who is six feet tall, stretched out his arms to show the scale of the seven-foot-long fish. He snapped some photos of what he thought was an ocean sunfish, a rare sight up-close, he said."It's the most unusual fish you've ever seen," said the UC Santa Barbara associate professor. "It has no tail. All of its teeth are fused, so it doesn't have any teeth. It's just got this big round opening for a mouth."Turner posted his photos on 3545

This view of Hurricane #Erick southeast of Hawaii, seen by #GOESWest, shows some meso-vortices swirling in the low clouds within the storm's eye. Maximum sustained wind speed is 125 mph. View our #hurricane tracker: https://t.co/zfWRITawDU pic.twitter.com/7HeyKu1dQX— NOAA Satellites (@NOAASatellites) July 31, 2019 327

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