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A California police officer was charged Wednesday in connection with a fatal shooting at an Oakland-area Walmart store in April.San Leandro Police Officer Jason Fletcher was charged with voluntary manslaughter in connection with an incident where he fatally shot 33-year-old Steven Taylor on April 18.According to the Alameda County District Attorney's office, a security guard at the store called police when Taylor tried to leave San Leandro Walmart with a baseball bat and a tent without paying.Fletcher responded to the call and approached Taylor as he entered the store. The officer tried to grab the baseball bat from Taylor, and when he couldn't get control of the bat he drew his stun gun.After firing the stun gun, Taylor stumbled forward with the bat sitll in his hand. According to body camera footage, Fletcher repeatedly asked Taylor to drop the bat. Fletcher then fired his gun once, a shot that proved to be fatal.In its charging statement, the District Attorney's office, claimed that Taylor "posed no threat of imminent deadly force or serious bodily injury" to the officers or anyone else in the store because he had "clearly experienced the shock of the taser as he was leaning forward over his feet and stumbling forward."Fletcher's lawyer, Michael Rains, told the San Francisco Chronicle that he was "very disappointed" that the officer had been charged and that the charges were "undeserved."The decision to file the criminal complaint was made after an intensive investigation and thorough analysis of the evidence and the current law," Alameda County District Attorney Nancy O'Malley said.Lee Merritt, an attorney for Taylor's family, told NBC News that Taylor was experiencing a mental health crisis at the time of the shooting.Fletcher will be arraigned on Sept. 15 at a county courthouse in Dublin, California. 1845

A fast-moving lava flow from Hawaii's Kilauea volcano forced yet more residents out of their homes, with an emergency alert calling for immediate evacuations.Hawaii County Civil Defense told residents of sections of the Leilani Estates community to leave their homes.The agency said the latest evacuations were due to activity from fissure 7, one of 24 cracks in the ground that have opened in the island's East Rift Zone since the start of the month.The US Geological Survey said Sunday that fissure 7 was "very active, producing a large spatter rampart over 100 feet tall from fountains reaching 150-200 feet."The USGS warned that magma was still flowing into the rift zone."Additional ground cracking and outbreaks of lava in the area of the active fissures are possible. Residents downslope of the region of fissures should heed all Hawaii County Civil Defense messages and warnings," it said. 905

A driver was killed on Interstate 24 when a piece of concrete went through his windshield. Police said the object was likely thrown. The incident happened around 5 a.m. Tuesday near Shelby Avenue. Officials with Metro Nashville police said 54-year-old Joe C. Shelton was killed.According to police, the piece of concrete was likely thrown from the Shelby Avenue Bridge. The incident closed the interstate for most the morning, causing major delays for commuters.     509

A federal judge in Texas said on Friday that the Affordable Care Act's individual coverage mandate is unconstitutional and that the rest of the law must also fall."The Court ... declares the Individual Mandate ... unconstitutional," District Judge Reed O'Connor wrote in his decision. "Further, the Court declares the remaining provisions of the ACA ... are inseverable and therefore invalid."The case against the ACA, also known as Obamacare, brought by 20 Republican state attorneys general and governors, as well as two individuals. It revolves around Congress effectively eliminating the individual mandate penalty by reducing it to A federal appeals court handed the Trump administration a partial victory Monday, granting its emergency request to allow parts of its latest travel ban to go into effect while the appeal is pending.A three-judge panel -- all appointed by former President Bill Clinton -- on the 9th US Circuit Court of Appeals decided Monday to keep the lower court's order in place, freezing the ban, for foreign nationals who have a "close familial relationship" with a person in the United States, but granted the Trump administration's request to allow it to go into effect for everyone else.The 9th Circuit panel is set to hear oral arguments on the case on December 6.President Donald Trump signed an executive order in January banning foreign nationals from specific Muslim-majority countries from traveling to the United States, but the restrictions have been tied up in the legal system and have since been revised multiple times.In October, a federal judge in Hawaii blocked the third iteration of the travel ban one day before it was scheduled to take effect.At the time, Judge Derrick Watson said it "plainly discriminates based on nationality."The ban targeted foreign nationals from eight countries -- Chad, Iran, Libya, North Korea, Syria, Venezuela, Somalia and Yemen -- with varying levels of restrictions.The second version of the travel ban, issued in March, had barred residents of six Muslim-majority countries -- Iran, Syria, Libya, Sudan, Somalia and Yemen. 1487 as part of the 2017 tax cut bill.The Republican coalition is arguing that the change rendered the mandate itself unconstitutional. They say that the voiding of the penalty, which takes effect next year, removes the legal underpinning the Supreme Court relied upon when it upheld the law in 2012 under Congress' tax power. The mandate requires nearly all Americans to get health insurance or pay a penalty.The Trump administration said in June that it would not defend several important provisions of Obamacare in court. It agreed that the zeroing out the penalty renders the individual mandate unconstitutional but argued that that invalidates only the law's protections of those with pre-existing conditions. These include banning insurers from denying people policies or charging them more based on their medical histories, as well as limiting coverage of the treatment they need.But the administration maintained those parts of the law were severable and the rest of the Affordable Care Act could remain in place.Because the administration would not defend the law, California, joined by 16 other Democratic states, stepped in. They argued that the mandate remains constitutional and that the rest of the law, in any event, can stand without it. Also, they said that eliminating Obamacare or the protections for those with pre-existing conditions would harm millions of Americans.In oral arguments in September, a lawyer for California said that the harm from striking down the law would be "devastating" and that more than 20 million Americans were able to gain health insurance under it.The lawsuit entered the spotlight during the midterm elections, helping propel many Democratic candidates to victory. Protecting those with pre-existing conditions became a central focus of the races. Some 58% of Americans said they trust Democrats more to continue the law's provisions, compared to 26% who chose Republicans, according to a Kaiser Family Foundation election tracking poll released in mid-October.The consumer protections targeted by the administration are central to Obamacare and transformed the health insurance landscape. Their popularity is one of the main reasons GOP lawmakers had such difficulty repealing Obamacare last year."Guaranteed issue" requires insurers to offer coverage to everyone regardless of their medical history. Prior to the Affordable Care Act, insurers often rejected applicants who are or had been ill or offered them only limited coverage with high rates.Under the law's community rating provision, insurers are not allowed to set premiums based on a person's health history. And the ban on excluding pre-existing conditions from coverage meant that insurers cannot refuse to pay for treatments because of a policyholder's medical background.All these provisions meant millions of people with less-than-perfect health records could get comprehensive coverage. But they also have pushed up premiums for those who are young and healthy. This group would have likely been able to get less expensive policies that offered fewer benefits prior to Obamacare. That has put the measures in the crosshairs of Republicans seeking to repeal the law and lower premiums.It's no wonder that politicians on both sides of the aisle promised to protect those with pre-existing conditions during the election. Three-quarters of Americans say that it is "very important" for the law to continue prohibiting health insurers from denying coverage because of medical histories, according to the Kaiser Family Foundation's September tracking poll -- 58% of Republicans feel the same way. And about the same share of Americans say it's "very important" that insurers continue to be barred from charging sick people more. 4383

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