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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 federal judge on Thursday erupted at the Trump administration when he learned that two asylum seekers fighting deportation were at that moment being deported and on a plane to El Salvador.DC District Judge Emmet Sullivan then blocked the administration from deporting the two plaintiffs while they are fighting for their right to stay in the US -- reportedly excoriating the administration and threatening to hold Attorney General Jeff Sessions in contempt.The government raced to comply with the court's order, and by Thursday evening the immigrants had arrived back in Texas after being turned around on the ground in El Salvador.Sullivan agreed with the American Civil Liberties Union that the immigrants they are representing in a federal lawsuit should not be deported while their cases are pending.The emergency hearing in the case turned dramatic when attorneys discovered partway through the hearing that two of their clients were on a plane to El Salvador.During court, Sullivan was incensed at the report that one of the plaintiffs was in the process of being deported, according to the ACLU and The Washington Post. Sullivan demanded to know why he shouldn't hold Sessions in contempt, according to the Post and the recollection of lead ACLU attorney Jennifer Chang Newell.Chang Newell said the administration had pledged Wednesday that no one in the case would be deported until at least midnight at the end of Thursday. But during a recess in the proceedings Thursday, she got an email from attorneys on the ground in Texas that her client, known by the pseudonym Carmen, and Carmen's daughter had been taken from their detention center that morning and deported. After investigating during recess, she informed government attorneys and Sullivan what had happened."He said something like, 'I'm going to issue an order to show cause why I shouldn't hold the government in contempt, I'm going to start with the attorney general,' " Chang Newell said, explaining that Sullivan was suggesting he would issue an order that would require the government to explain why they didn't deserve to be held in contempt. Such an order has yet to be issued by the court.He ordered the plane turned around or the clients brought back immediately, the ACLU said."This is pretty outrageous," Sullivan said, according to the Post. "That someone seeking justice in US court is spirited away while her attorneys are arguing for justice for her?""I'm not happy about this at all," he continued, adding it was "not acceptable."The lawsuit was brought by immigrants only referred to by their pseudonyms in court: Grace, Mina, Gina, Mona, Maria, Carmen and her daughter J.A.C.F. and Gio.After the hearing, Sullivan issued an emergency order halting the deportation of any of the immigrants as he considers whether he has broader authority in the case.Sullivan also ordered that if the two being deported were not returned, Sessions, Homeland Security Secretary Kirstjen Nielsen, Citizenship and Immigration Services Director Lee Francis Cissna and Executive Office for Immigration Review Director James McHenry would have to appear in court and say why they should not be held in contempt.The lawsuit brought by the ACLU is challenging a recent decision by Sessions to make it nearly impossible for victims of domestic violence and gangs to qualify for asylum in the US. That decision was followed by implementation guidance from the Department of Homeland Security that almost immediately began turning away potentially thousands of asylum seekers at the southern border.According to their lawsuit, Carmen and her young daughter came to the US from El Salvador after "two decades of horrific sexual abuse by her husband and death threats from a violent gang." Even after Carmen moved away from her husband, he raped her, stalked her and threatened to kill her, the lawsuit states. Further, a gang held her at gunpoint in May and demanded she pay a monthly "tax" or they would kill her and her daughter. Carmen knew of people killed by their husbands after going to police and by this gang and thus fled to the US.But at the border, the government determined after interviewing her that she did not meet the "credible fear" threshold required to pursue an asylum claim in the US, and an immigration judge upheld that decision.The ACLU is using Carmen's story and the similar experiences of the other immigrants to challenge Sessions' ruling on asylum. 4473

A hospice patient in Kentucky arrived at his son's season opener football game in style. His hospice nurse arranged for a plane to fly them to Belfry High School after realizing it would have been too dangerous in his condition to drive.For Scott Sullivan, being able to watch his son, Cade, play one more time under the Friday night lights was a once in a lifetime opportunity."I got out of a couple of hospitals and realized I had a really rapid form of cancer that left me really not many places to turn," Scott said.Since he got home, Jerree Humphrey, a nurse at Hospice of Lake Cumberland, has been taking care of Scott. Over the past few weeks, the pair have bonded over their kids. "He was asking me if I felt like he could go to Belfry. I was like, 'I don't know,' I mean seven or eight hours in the car, between here and there, and then back," Humphrey said.Driving being out of the question, Humphrey knew she had to do something. "One of our hospice mottos is you might not be able to change the outcome, but you can affect the journey," Humphrey said.So, Humphrey found someone to fly them down to Belfry High School to watch Cade play in Pulaski County High School's season opener."Him being there, it might be the last game he will ever watch me play in, and it meant a lot to me. I played my heart out; I played as hard as I possibly could," Cade said.The whole game, Scott was in the stands cheering on his son. Cade ran over and hugged him."My son and I, we made an agreement. If it's going to happen, we are going to make it. We are going to cherish it, we're going to build on it, we're going to make a memory out of it," Scott said.This story was originally published by Jacqueline Nie at WLEX. 1722
A mail carrier is being praised as an “everyday hero” in the Los Angeles area for saving the life of a man who cut himself with a chainsaw.According to a tweet from the Los Angeles County Sheriff’s Department, Fernando Garcia was making his daily rounds in Norwalk on Friday when he heard screaming. He “sprung into action using his belt as a tourniquet (to) stop the bleeding on the man’s arm,” the department said. 424
A global research team of NASA’s Jet Propulsion Laboratory in Pasadena, California, using spectroscopes, have found hydrogen sulfide in the clouds or Uranus, NASA said on Tuesday. What is special about hydrogen sulfide is it is a common chemical on Earth humans like to avoid. Hydrogen sulfide is the same gas that rotten eggs emit. Yes, Uranus smells like rotten eggs. The presence of hydrogen sulfide has long been suspected on Uranus. NASA’s Voyager 2, which passed by the planet decades ago, detected the gas. But using Earth-based satellites, NASA has been able to confirm the presence of the gas. NASA said that finding hydrogen sulfide on Uranus is a striking difference compared to the other gas planets. Jupiter and Saturn have had ammonia detected in the clouds, but not hydrogen sulfide. “We’ve strongly suspected that hydrogen sulfide gas was influencing the millimeter and radio spectrum of Uranus for some time, but we were unable to attribute the absorption needed to identify it positively. Now, that part of the puzzle is falling into place as well,” Glenn Orton of NASA’s Jet Propulsion Laboratory said. If there is one bit of good news, scientists said: It would be impossible for the hydrogen sulfide to overtake humans. "Suffocation and exposure in the negative 200 degrees Celsius [392 degrees Fahrenheit] atmosphere made of mostly hydrogen, helium and methane would take its toll long before the smell," said lead author Patrick Irwin of the University of Oxford, U.K. 1582
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