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Arizona Plans To Execute Inmates With Same Gas Nazis Used in Mass Murder of Jews

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The state said the move will provide an alternative to lethal injections, but critics note that, in addition to its dark historic roots, the method has resulted in some of the most gruesome botched executions in the U.S.


Arizona Restarts Gas Executions

Arizona is officially taking steps to begin executing death row inmates using the same deadly gas that Nazis used to commit genocide at Auschwitz and other death camps.

According to partially redacted invoices obtained by The Guardian through public records requests, corrections officials in the state have begun “refurbishing” a gas chamber that has not been used for over two decades.

They have also spent thousands on the very specific materials needed to make the lethal hydrogen cyanide gas, often called Zyklon B. This includes a brick of potassium cyanide purchased for $1,530, as well as sodium hydroxide pellets and sulfuric acid, which are intended to make the gas.

The report quickly sparked backlash.

“You have to wonder what Arizona was thinking in believing that in 2021 it is acceptable to execute people in a gas chamber with cyanide gas,” Robert Dunham, executive director of the Death Penalty Information Center, told The Guardian. “Did they have anybody study the history of the Holocaust?”

Critics of the gas method have also noted that in addition to the horrible connotations with the Holocaust and the mass murder of Jews, it has also resulted in some of the most atrociously botched and disturbing executions in the U.S. 

Fordham University law professor Deborah Denno told The Washington Post that while there is little research on how the gas affects the human body, executions that use it have taken much longer than other alternatives.

“It’s without question that lethal gas, or as least the lethal gas that Arizona is trying to bring back, is the most gruesome of all these methods we’ve had in this country,” she said.

In fact, Arizona has even explicitly seen these abhorrent outcomes in its previous use of the technique. While most of the 37 executions the state has conducted using gas happened before the 1950s, two people were killed using the method after the federal moratorium was lifted in 1976.

According to The Post, in both cases, “witnesses recounted excruciating deaths.”

Concerns Over Protocols

There is also apprehension over the protocols that Arizona has been taking in preparation for restarting the gassings.

The documents obtained by The Guardian showed that officials had “significant concerns” about the rubber seals on the chamber because of their age. However, some of the methods used to test the safety of the chamber were shockingly primitive, including checking for gas seepage with a candle to see if the flame flickered. 

Attorneys have raised questions about the chemicals obtained by the corrections officials, with one noting that while the state mandates the use of sodium cyanide, the corrections department bought potassium cyanide.

Not only does that appear to violate Arizona statute, but it could further indicate the officials are not properly preparing.

“This is not a small detail – the specific compound is vitally important,” the lawyer added.

In a statement, the Arizona Department of Corrections, Rehabilitation and Reentry said it was “prepared to perform its legal obligation and commence the execution process as part of the legally imposed sentence, regardless of method selected.” 

The department also pointed to the Arizona law that allows death row inmates to choose between lethal injection or gas. However, the move comes amid a nationwide shortage in lethal injection drugs due to manufacturers clamping down after several botched executions. 

In fact, Arizona has not conducted an execution since 2014 when it halted the program after a particularly grisly incident involving the injectable drugs.

Arizona is not alone in its renewed efforts to aggressively restart its execution system. Numerous death penalty states have been looking for alternatives to injections. Last month, South Carolina’s legislature passed a bill adding the firing squad to their list of options.

See what others are saying: (The Guardian) (The Washington Post) (Newsweek)

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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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