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Coronavirus Cases Surge in the US, Shattering Records

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  • The United States hit its highest seven day average of coronavirus cases on Sunday, reaching a 68,787 case average, according to Johns Hopkins. This is over 1,000 cases higher than the previous record which was hit in July.
  • Also this weekend, over 83,000 cases were reported on Friday and Saturday, marking the two highest single day case counts in the country.
  • Some state and local governments are issuing curfews or other restrictions to slow the spread of the virus. Federal health leaders, including Dr. Anthony Fauci and Food and Drug Administration Commissioner Scott Gottlieb are calling for a mask mandate throughout the country.

Cases in the U.S. Surge

As coronavirus cases surge across the United States, the country hit its highest seven-day average of cases reported since the start of the deadly pandemic. 

According to Johns Hopkins, that average hit 68,787 cases on Sunday. The previous high was a 67,293 average at the end of July. This follows a weekend of record-breaking reports. The two highest single day case counts were reached on Friday and Saturday, with over 83,000 new cases reported each day.

As cases spike, it is unlikely that the entire country will face full lockdowns similar to the ones ordered in March, but some local leaders are taking smaller steps to curb the spread. New Mexico Governor Michelle Lujan Grisham announced new COVID-19 restrictions on Friday that include curfews for certain businesses and safety rules for dining. 

“Please be extremely conservative in deciding how much time to spend outside of the home,” Grisham wrote when announcing the new mitigation strategies. “The visit to friends or family can wait – it’s not worth your life, or theirs.”

Some local leaders are taking stronger approaches. In South Dakota, the Ogala Sioux Tribe mandated a seven-day lockdown that started Friday as a result of a spike on their reservation. In El Paso, Texas, County Judge Ricardo Samaniego ordered a 10:00 p.m. to 5:00 a.m. curfew throughout the county as hospitalizations trend upwards. 

Federal Leaders Call For Mask Mandate

Some believe that in addition to local restrictions, more should be done on a federal level to curb the spread of the virus. Specifically, many think the country should mandate mask-wearing in public.

On Sunday, Food and Drug Administration Commissioner Scott Gottlieb wrote an op-ed for the Wall Street Journal arguing that as winter approaches, a mask mandate could save lives. 

“It will be essential to use standard interventions, including limits on crowded settings such as bars and continuing to test and trace contacts,” Gottlieb wrote. “But on the current trajectory these measures won’t be enough to keep hospitals from being overwhelmed in some areas.”

“Masks would help,” he added. “As a practical matter, it’s easier to wear a mask in the winter than the summer. A mandate can be expressly limited to the next two months. The inconvenience would allow the country to preserve health-care capacity and keep more schools and businesses open.”

While President Donald Trump has repeatedly mocked the use of masks in the past, his opponent former Vice President Joe Biden has advocated for a mandate. On Friday, Dr. Anthony Fauci, the director of the National Institute of Allergy and Infectious Diseases echoed his support for a mandate on CNN

“If everyone agrees that this is something that’s important and they mandated it, and everyone pulls together and says ‘you know we’re going to mandate it, but let’s just do it,’ I think that would be a great idea to have everyone do it uniformly,” he said.

“Though I get the issue of, if you mandate a mask then you’re going to have to enforce it, which will create more of a problem. Well, if people are not wearing masks, then maybe we should be mandating it.” 

See what others are saying: (CNN) (USA TODAY) (NBC)

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Supreme Court Rejects Third Challenge to Affordable Care Act

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In the 7-2 decision, the justices argued the Republican-led states that brought the challenge forth failed to show how the law caused injury and thus had no legal standing.


SCOTUS Issues Opinion on Individual Mandate

The Supreme Court on Thursday struck down the third Republican-led challenge to the Affordable Care Act to ever reach the high court.

The issue at hand was the provision of the law, commonly known as Obamacare, that requires people to either purchase health insurance or pay a tax penalty: the so-called individual mandate. 

The individual mandate has been one of the most controversial parts of Obamacare and it has already been before SCOTUS, which upheld the provision in 2012 on the grounds that it amounted to a tax and thus fell under Congress’ taxing power.

However, as part of the sweeping 2017 tax bill, the Republican-held Congress set the penalty for not having health care to $0. As a result, a group of Republican-led states headed by Texas sued, arguing that because their GOP colleagues made the mandate zero dollars, it no longer raised revenues and could not be considered a tax, thus making it unconstitutional.

The states also argued that the individual mandate is such a key part of Obamacare that it could not be separated without getting rid of the entire law.

The Supreme Court, however, rejected that argument in a 7-2 decision, with Justices Samuel Alito and Neil Gorsuch dissenting.

Majority Opinion Finds No Injury

In the majority decision, Justice Stephen Breyer wrote that the Republican states had no grounds to sue because they could not show how they were harmed by their own colleagues zeroing out the penalty.

“There is no possible government action that is causally connected to the plaintiffs’ injury — the costs of purchasing health insurance,” he wrote, adding that the states “have not demonstrated that an unenforceable mandate will cause their residents to enroll in valuable benefits programs that they would otherwise forgo.”

Breyer also argued that because of this, the court did not need to decide on the broader issue of whether the 2017 tax bill rendered the individual mandate unconstitutional and if that provision could be separated from the ACA.

The highly anticipated decision will officially keep Obamacare as the law of the land, ensuring that the roughly 20 million people enrolled still have health insurance. While there may be other challenges to the law hard-fought by conservatives, this latest ruling sends a key signal about the limits of the Republican efforts to achieve their agenda through the high court, even with the strong conservative majority.

While the court has now struck down challenges to Obamacare three times, Thursday’s decision marked the largest margin of victory of all three challenges to the ACA.

For now, the ACA appears to be fairly insulated from legal challenges, though it will still likely face more. In a tweet following the SCOTUS decision, Texas Attorney General Ken Paxton (R) vowed to keep fighting Obamacare, adding that the individual mandate “was unconstitutional when it was enacted and it is still unconstitutional.”

See what others are saying: (Axios) (The Washington Post) (The Associated Press

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Utah Student With Down Syndrome Left Out of Cheer Squad’s Yearbook Photo

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The move marks the second time in three years that Morgyn Arnold has been left out of the school’s yearbook. Two years ago, it failed to include her in the class list.


Two Photos Take, One Without Morgyn Arnold

A Utah school has apologized after a student with Down syndrome at Shoreline Junior High was excluded from her cheerleading squad’s yearbook photo.

The squad took two official team portraits this year. The first included 14-year-old Morgyn Arnold, who had been working as the team manager but attended practices and cheered alongside her other teammates at every home game. The second imsgr did not include her and ended up being the photo the school used across social media and in its yearbook.

Arnold was heartbroken by the decision and her family believed it was made because of her disability.

In social media posts about the move, Arnold’s sister, Jordyn Poll, noted that Arnold “spent hours learning dances, showing up to games, and cheering on her school and friends but was left out.”

“I hope that no one ever has to experience the heartbreak that comes when the person they love comes home from school devastated and shows them that they’re not in the picture with their team,” she continued.

According to The Salt Lake Tribune, Poll also said this marked the second time in three years that her sister has been left out of the yearbook. Two years ago, the school failed to include her in the class list.

School Apologizes After Backlash

After Poll’s public call out picked up attention, the school said it was “deeply saddened by the mistake.”

Apologies have been made to the family, and we sincerely apologize to all others impacted by this error,” it added. “We are continuing to look at what has occurred, and to improve our practice.”

The district issued a similar statement, claiming it was looking into why this occurred to make sure it doesn’t happen again. 

But Poll said this isn’t the same response her family received when they initially contacted school administrators. Instead, Poll told the Tribune that an employee at the school “blatantly said they didn’t know what we were expecting of them and there was nothing they could do.”

The school has since contacted them again “to make the situation right.”

Meanwhile, Poll stressed that her sister’s teammates had nothing to do with the decision, defending the girls as amazing friends who have done everything to make Arnold feel included.

In fact, they too were disappointed to see that she was not featured in the image or even named as a member of the team in the yearbook.

Arnold’s family decided to speak up about the issue so that this school and others can improve the ways they interact with and include students with disabilities. Different forms of exclusion happen at schools across the country, and this story has prompted other parents of kids with disabilities to share similar experiences.

A staff attorney at the Disability Law Center of Utah told the Tribune that it receives about 4,000 complaints each year. Some complaints stemmed from students with disabilities being separated into other classrooms without their peers. Others include name-calling or not allowing students on a team or in a club.

Thankfully, Arnold has not let this situation bring her down. According to her family, she has already forgiven everyone involved and plans to continue cheering alongside her friends.

See what others are saying: (The New York Times) (The Salt Lake Tribune) (NBC News)

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Ex-Shake Shack Manager Sues NYPD Over False Milkshake Poisoning Allegations

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The former manager is accusing the police department and its unions of false arrest and defamation relating to the viral incident last summer.


Former Shack Shack Employee Sues One Year Later

The former manager of a New York City Shake Shack restaurant who was falsely accused of poisoning several law enforcement officers’ milkshakes last summer is now suing the city’s police department, its unions, and individual officers.

On June 15, 2020,  three officers monitoring the anti-racism protests in Lower Manhattan entered a Shake Shack location for milkshakes, which they later claimed had been poisoned, likely by bleach.

By the end of the night, investigators determined that no one had tampered with the drinks, and the New York Police Department declared there was “no criminality.” Police later said the officers were possibly sickened by a cleaning solution that had not been properly cleaned out of the machines, though Shake Shack claimed it did not find leaks of any foreign substances.

Before that lack of criminality was determined and while the inquiry was ongoing, the police unions and their leaders accused the Shake Shack workers of launching a targeted attack in a series of tweets, which were then shared and discussed widely on social media by prominent conservatives.

The resulting outcome was widespread condemnation and deleting of tweets. Now, almost exactly a year later, the former manager of that Shake Shack, Marcus Gilliam, has accused the parties involved of false arrest and defamation.

According to his lawsuit, the three officers — who are referred to as Officers Strawberry Shake, Vanilla Shake, and Cherry Shake — ordered the drinks via mobile app, meaning the employees could not have known cops placed the order.

Additionally, the documents state the order was “already packaged and waiting for pickup” when the officers arrived, making it impossible for Gilliam or any other employee to have added anything to the shakes when they saw the officers come in to claim them.

After the officers complained about the taste of the milkshakes and threw them out, Gilliam said he apologized and offered them vouchers for free replacements, which they accepted. However, they still told their Sergeant that Gilliam had put a “toxic substance” in their drinks, even though they had disposed of any evidence.

Claims of Wrongful Detainment 

The court documents go on to say that another officer arrived and detained the employees, who cooperated with the officer’s investigation. That process included interviews, searches, and tests, which showed no evidence of bleach or other toxins.

The NYPD also conducted a review of security footage, which independently determined that none of the employees put any kind of toxic substances in the officer’s drinks.

Despite all that, and even after the three officers were released from a hospital “without ever showing symptoms,” the NYPD still arrested Gilliam and brought him into the precinct, the suit stated.

Once in the precinct, the former manager was allegedly “interrogated for approximately one to two hours” and detained for around three hours, putting the total time he was detained by police in both the store and the precinct at approximately five to six hours.

Gilliam’s attorney is arguing that the officers had no probable cause or warrants for his arrest. An arrest that the lawsuit says caused him to suffer “emotional and psychological damages and damage to his reputation,” as well as economic damages from legal fees and missed wages, for which he is seeking both punitive and monetary damages.

None of the defendants have responded to requests for comment from the media.

See what others are saying: (The Washington Post) (The New York Times) (NBC News)

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