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Seal rescued after swimming 80 miles with Red Bull can stuck in mouth
Animal lovers were overjoyed and praised UK officials who saved the helpless marine mammal.
9 m
nypost.com
Examining what provokes American’s aggression
"CBS Mornings” co-host Tony Dokoupil talks to a man whose fiery school board speech went viral. He also spoke with researchers about anger and why it's not always bad.
cbsnews.com
Bitcoin soars past $65,000 to hit all-time high
The digital coin passed the milestone at 9:43 a.m. and was trading north of $65,800 just minutes later, according to Coinbase data. 
nypost.com
Border patrol arrests at highest level in 35 years: report
Mexico was the largest single source of illegal immigration during the fiscal year, the data revealed, with Border Patrol arresting over 608,000 Mexican nationals.
nypost.com
NYC deli employee stabbed to death by customer after dispute over store credit, family says
A New York City deli worker was fatally stabbed Tuesday night in East Harlem during a dispute with a male customer who fled the scene, police said.
foxnews.com
Raymond scores 1st NHL goal, Red Wings top Blue Jackets 4-1
Lucas Raymond made his first NHL goal a big one for the Detroit Red Wings, breaking a scoreless tie at 6:38 of the third period on the way to a 4-1 victory over the Columbus Blue Jackets on Tuesday night.
foxnews.com
Facebook CEO Mark Zuckerberg added to D.C. privacy lawsuit
The District of Columbia suit was filed in 2018 and stems from the Cambridge Analytica scandal.
washingtonpost.com
Clay Travis on Aaron Rodgers' comments: Woke culture represents the antithesis of everything sports stands for
Outkick Founder Clay Travis reacted Wednesday to Green Bay Packers quarterback Aaron Rodgers’ recent comments on 'woke cancel culture' following controversy over his taunt towards Chicago Bears fans.
foxnews.com
Man Retrieves AirPod From Subway Tracks With Viral Tape Measure Trick
New Yorker Cesar Kuriyama has racked up more than 2.3 million views for a TikTok video showing the ingenious way he got back his wireless in-ear headphone.
newsweek.com
Poll: Majority of Working Class Americans Want Less Immigration
The majority of working Americans believe the United States has too much immigration, a new poll reveals.
breitbart.com
What really upset Charles Barkley about Kyrie Irving’s vaccine stance
Charles Barkley is annoyed with Kyrie Irving’s decision to remain unvaccinated – but especially one specific aspect of it. Barkley — during TNT’s “Inside the NBA” tip-off show Tuesday — took issue with the fact that the Nets star will still earn millions this season, despite not playing due to his unvaccinated status under New...
nypost.com
Predators score twice in third period, top Kings 2-1
Matt Duchene and Tanner Jeannot scored in the third period to give the Nashville Predators a 2-1 victory over the Los Angeles Kings on Tuesday night.
foxnews.com
For the vaccinated, how risky could holiday gatherings be?
Officials say it's possible to safely participate in many holiday activities if everyone is vaccinated for COVID. But extra precautions may be needed.
latimes.com
American Travel Rules Discriminate Against Europeans
Entry to the U.S. requires more proof of vaccination than should be necessary, while unvaccinated people are free to fly anywhere within the country.
washingtonpost.com
Quince evokes mystery and magic as heat turns the fruit from woody to luscious
Cooking quince feels like witnessing a small miracle, as it turns a sunset palette of rose-orange shades while poaching.
washingtonpost.com
Poached quince stars in this kale and herb salad with a punchy dressing
Iceberg lettuce, kale and quince deliver varied texture, while fresh mint and cilantro give it bright flavor.
washingtonpost.com
Royal Caribbean announces 'world cruise of world cruises' scheduled to visit 150 destinations
Royal Caribbean's Serenade of the Seas ship will sail on what the line is calling the "longest and most comprehensive" world cruise to depart in 2023.      
usatoday.com
Rosy poached quince and goat milk pudding pair for a stunning fall parfait
The creamy pudding and the squash-like texture of the quince are a nice contrast.
washingtonpost.com
Voting rights bill set for Senate vote, showdown likely to amp up pressure to end filibuster
Voting rights bill is expected to die in the Senate, a move likely to intensify pressure from progressives on Democratic leaders to eliminate filibuster.
latimes.com
What Could Thoreau Teach Me, a Pakistani American Woman?
The gifts of Walden Pond aren’t so freely given to everyone who visits.
slate.com
The Supreme Court floats a startling expansion to police immunity from the law
A protest against racism and President Trump in Washington, DC, resulted in police officers using tear gas, pepper spray pellets, and concussion grenades against demonstrators on May 31, 2020. | Michael S. Williamson/The Washington Post via Getty Images A new opinion suggests that “qualified immunity” could become something much closer to absolute immunity from lawsuits. The Supreme Court handed down a brief opinion on Monday holding that a California police officer is immune from a lawsuit alleging he used excessive force while helping arrest an armed suspect. Though the Court’s decision in Rivas-Villegas v. Cortesluna is fairly straightforward — the justices held that Officer Daniel Rivas-Villegas “did not violate clearly established law” when he briefly used his knee to hold down a suspect who was armed with a knife and who had allegedly threatened his girlfriend and her two children with a chainsaw — it contains two sentences that should alarm police reformers. Both sentences suggest that there is support at least among some of the justices to significantly expand police officers’ immunity from federal civil rights lawsuits. Government officials accused of violating federal law are entitled to “qualified immunity,” meaning that they cannot be sued unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” In Harlow v. Fitzgerald (1982), the Court laid out several reasons this doctrine exists. Qualified immunity protects public employees from the “expenses of litigation.” It ensures that the stress of litigation does not divert “official energy from pressing public issues,” or deter “able citizens from acceptance of public office.” At least according to Harlow, qualified immunity also reduces “the danger that fear of being sued will ‘dampen the ardor of all but the most resolute, or the most irresponsible [public officials], in the unflinching discharge of their duties.’” But qualified immunity is not supposed to be absolute immunity. Again, officers can still be sued for violating clearly established law. Under existing precedents, an officer may still be sued if their actions clearly violate a legal rule laid out in a Supreme Court decision that has not been overruled. An officer also is not entitled to qualified immunity if their actions clearly violate a legal rule laid out by the federal appeals court (also known as a “circuit” court) that oversees the jurisdiction where the officer is sued. A passage in the Court’s new decision in Rivas-Villegas, however, floats a radical idea: that officers may be entitled to qualified immunity even if they violate clearly established circuit court precedents. The opinion was unsigned, which is a common practice when the justices dispose of a case in a brief decision without hearing argument on the case, so we don’t know who wrote the opinion or who inserted the two significant sentences into it. Twice, the Rivas-Villegas opinion uses nearly identical language — “even assuming that Circuit precedent can clearly establish law” and “even assuming that controlling Circuit precedent clearly establishes law” — thatimplies it is uncertain whether a circuit court decision is sufficient to overcome qualified immunity. These lines open the door to a new regime, where victims of police violence can no longer rely on appellate court decisions to breach an officer’s partial immunity to suit. At least as recently as Lane v. Franks (2014), a unanimous Supreme Court indicated that circuit court precedent can overcome qualified immunity. Six of the justices who joined Justice Sonia Sotomayor’s unanimous decision in Lane — Sotomayor, Chief Justice John Roberts, and Justices Clarence Thomas, Stephen Breyer, Samuel Alito, and Elena Kagan — are still on the Court today. If the justices do reject the position they took in Lane, that would be a major shift in the law that would significantly expand police officers’ immunity from litigation. That’s because the 13 federal circuit courts collectively handle over 50,000 cases a year, while the Supreme Court normally only decides about 60 to 80 precedent-setting cases in the same period. If civil rights plaintiffs can no longer rely on circuit court precedent to show that a particular legal rule is “clearly established,” they will lose an enormous body of law that currently can be used to breach qualified immunity. How disregarding circuit courts will make it harder to hold police accountable Plaintiffs seeking to hold officers accountable for their illegal conduct already face enormous obstacles. As the Supreme Court held in Mullenix v. Luna (2015), such plaintiffs cannot overcome qualified immunity unless their legal rights are clearly established, and “a clearly established right is one that is ‘sufficiently clear that every reasonable official would have understood that what he is doing violates that right.’” Currently, these plaintiffs can rely on multiple legal authorities, including circuit court precedents, to show that a particular right is “clearly established.” Take away their ability to rely on circuit court decisions and these plaintiffs will lose nearly all of the case law that they can currently point to in order to breach qualified immunity. The circuit courts, moreover, do not simply hear vastly more cases than the Supreme Court — they also tend to hear a greater diversity of cases. A party that loses in a federal trial court has a right to appeal that decision to federal circuit courts, which are not allowed to turn away cases that they deem to be too easy or too uninteresting. The Supreme Court, by contrast, has discretion to decide nearly all of the cases that it hears — and it uses this discretion fairly mercilessly. In a typical term, the Court receives between 7,000 and 8,000 petitions asking it to hear a case, but typically grants fewer than 80 of these petitions. One of the most common reasons the Court agrees to hear a case is if the case presents a sufficiently difficult legal question that two circuit courts disagree about the correct answer. The Supreme Court, in other words, typically hears the hardest cases, while circuit courts hear thousands of much easier cases. But that means that, if an officer commits a legal violation so obvious that any reasonable judge will agree that the officer violated the constitution or a federal statute, that officer’s case will most likely never be heard by the Supreme Court. Thus, if the Supreme Court were to hold that circuit precedents cannot be used to breach qualified immunity, officers who engage in obviously unconstitutional actions may never be held accountable because there will never be a Supreme Court decision clearly establishing that their actions are illegal. In addition, many of the Supreme Court’s precedents governing the use of force by police are extraordinarily vague. As the Court acknowledges in Rivas-Villegas, the justices’ seminal excessive force decisions in Tennessee v. Garner (1985) and Graham v. Connor (1989) announce legal standards that “are cast ‘at a high level of generality.’” Graham, for example, held that the question of when police conduct crosses the line into excessive force “is not capable of precise definition or mechanical application,” and that it involves factors such as “the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” In the 32 years since Graham was decided, federal circuit courts have placed a fair amount of meat on these bare bones. These lower court decisions make up the bulk of the law answering questions like how severe a crime needs to be to justify the use of additional force, or what is a sufficient threat to officer safety to justify such force. If civil rights plaintiffs cannot rely on circuit court decisions to answer such questions, countless lawsuits that would otherwise prevail are doomed. Whya few words in a longer decision should ring alarm bells In many cases, when the Supreme Court uses the kind of coy language it used in Rivas-Villegas, implying that the correct answer to a legal question is unsettled when it is actually well-established, that is because one or more justices want to unsettle the law. Such language is a not-too-subtle signal to lawyers that they should start bringing cases making a particular legal argument — in this case, the argument that circuit court precedents cannot be used to breach qualified immunity. Just in case there is any doubt: Current law indicates that circuit court decisions may be used to breach qualified immunity. For several years in the 2000s, beginning with the Court’s decision in Saucier v. Katz (2001), the justices required circuit courts to follow a two-step process in cases involving qualified immunity. First, the court was required to determine whether the officer actually violated the law. Then, if the officer’s actions violated the law, the circuit court would determine whether it was “clearly established” that the law was violated. This procedure, Saucier explained, “permits courts in appropriate cases to elaborate the constitutional right with greater degrees of specificity” — that is, it allowed circuit courts to expand the universe of legal questions with “clearly established” answers, and thus reduce the universe of cases where officers could claim qualified immunity. Though the Court abandoned this two-step framework in Pearson v. Callahan (2009), which permitted lower courts to consider whether a right is clearly established without determining if that right had actually been violated in a particular case, Pearson largely rooted its holding in concerns about judicial efficiency. Saucier’s two-step process, Pearson explained, “sometimes results in a substantial expenditure of scarce judicial resources on difficult questions that have no effect on the outcome of the case.” The Court’s 2012 decision in Reichle v. Howards (2012) does include a line suggesting that under certain circumstances, a circuit court decision may not be enough to breach qualified immunity — but the Court clarified two years later, in Lane, that circuit courts may create “clearly established” law. Lane includes an extensive discussion of whether a particular interpretation of the First Amendment was “clearly established” in the 11th Circuit — a discussion that makes no sense unless circuit court decisions are sufficient to overcome such immunity. So the language in Rivas-Villegas suggesting that circuit court precedents cannot be used to overcome qualified immunity is quite odd. It conflicts with a fairly recent, unanimous Supreme Court decision. And it would leave many victims of excessive police force without recourse. The odd language in Rivas-Villegas is also a bit surprising because, not that long ago, civil rights lawyers had good reason to hope that the Court might back away from an expansive qualified immunity doctrine. In a 2017 opinion, Justice Clarence Thomas — arguably the Court’s most conservative member — wrote that his Court should “reconsider our qualified immunity jurisprudence.” He followed up that statement with a 2020 opinion arguing that there “likely is no basis for the objective inquiry into clearly established law that our modern cases prescribe.” Now, however, the Supreme Court is floating a change in course — one that would expandqualified immunity considerably.
vox.com
Long-shot golfers to watch at the Zozo Championship
Will Zalatoris and Jhonattan Vegas are two golfers bettors should considers in this week's Zozo Championship in Japan.
nypost.com
Liz Cheney suggests Trump was 'personally involved' in Jan. 6 riot plans
edition.cnn.com
Brighten your smile with a Crest Whitestrips discount
Here's a deal that will bring a smile to your face: A 20-count Crest 3D White Professional Effects Whitestrips is on sale for one day in Amazon's Gold Box, along with a few other dental hygiene favorites.
edition.cnn.com
‘Being the Ricardos’ Teaser Trailer and Streaming Release Date
Ladies and gentlemen, enjoy the show!
nypost.com
U.K. researchers study genetic link to methane emissions in cattle, key to reducing greenhouse gases
Methane is a potent greenhouse gas, and reducing its emissions is one of the most important keys to curbing global warming. Cows are one of the main offenders, but experiments are proving that their level of gassiness is determined by genetics. CBS News’ Mark Phillips spoke to researchers hoping that breeding cows with the right genes could prove a cost-effective way to reduce cattle methane emissions by as much as 50%.
cbsnews.com
Sorokin stops 39, Islanders beat Blackhawks 4-1 for 1st win
While the Islanders searched for their game, Ilya Sorokin bought some time for the rest of his team.
foxnews.com
Prince William hosts private Kensington Palace reception for Princess Diana statue donors
The statue of Princess Diana was commissioned by Prince William and Prince Harry in 2017. It was unveiled on what would have been her 60th birthday.
foxnews.com
As White House announces vaccine plan for kids 5-11, states prep for complex rollout
As the White House Wednesday announced its vaccine plan for kids 5-11, states are preparing for a complex rollout. ABC News obtained the CDC guidance to states.
abcnews.go.com
‘People Are Hoarding’ -- Food Shortages Spike as Supply Chain Crumbles
Food shortages were reported to be spiking across the country Tuesday as President Joe Biden struggles to resolve the supply chain crises crippling the nation.
breitbart.com
Activision Blizzard ousts 20 employees in sex harassment probe
Activision Blizzard, the developer behind games like "World of Warcraft" and "Call of Duty" is also adding 19 employees to its ethics and compliance team.
nypost.com
The Function of Beauty membership is what haircare dreams are made of
Function of Beauty's customizable shampoo and conditioner is great for ever-changing locks. Get your first set for 50% off now.
nypost.com
J & J looking to bankruptcy to resolve 40,000 baby powder cancer suits
The company is looking to resolve the cases in bankruptcy court.
abcnews.go.com
VA Dem Terry McAuliffe walks out of interview, demands ‘better questions’
Virginia gubernatorial candidate Terry McAuliffe "abruptly" walked out of a TV interview where he'd been asked about COVID-19 mandates and angry school board meetings.
nypost.com
Sasha Banks wants to represent women in ‘best way’ at WWE Crown Jewel
Sasha Banks knows firsthand what it means to the WWE women to wrestle in the Middle East and is looking forward to experiencing it all again.
nypost.com
What Should Really Alarm Us About China’s New “Hypersonic” Missile Test
It’s not the test itself.
slate.com
Rookie Dahlen scores twice, Sharks blank Canadiens 5-0
Rookie Jonathan Dahlen scored his first two goals in his second career game, and the San Jose Sharks blanked the Montreal Canadiens 5-0 on Tuesday night.
foxnews.com
Mitch McConnell just sent a VERY clear message to Donald Trump about 2022
Mitch McConnell's entire being is -- and always has been -- focused on winning elections. Every move he makes and every thing he says is part of a broader effort to ensure that his side winds up with more seats -- and therefore more control -- than the other guys.
edition.cnn.com
Lala Kent says she’s ‘unbreakable’ following Randall Emmett breakup
The "Give Them Lala" author is expected to appear at a book signing in Los Angeles on Wednesday — just days after ending her engagement to Emmett.
nypost.com
Police fire tear gas in Lagos as protesters honoring victims of Lekki toll gate shooting spill on to streets
Police in Lagos fired tear gas Wednesday as hundreds of demonstrators turned up at the Lekki toll gate in a memorial car procession to honor those who died during protests last year in Nigeria's economic hub.
edition.cnn.com
Police fire tear gas in Lagos as protesters honoring victims of Lekki toll gate shooting spill on to streets
Police in Lagos fired tear gas Wednesday as hundreds of demonstrators turned up at the Lekki toll gate in a memorial car procession to honor those who died during protests last year in Nigeria's economic hub.
edition.cnn.com
Astronaut Scott Kelly talks space tourism
At Expo 2020 Dubai, CNN's Scott McLean talks to astronaut Scott Kelly about the future of space tourism and international cooperation in space.
edition.cnn.com
Miya Marcano's family files wrongful death lawsuit against her apartment complex
The family of 19-year-old Miya Marcano, who went missing from her apartment in Florida and was later found dead in a wooded area, has filed a wrongful death lawsuit against her apartment complex and the company that operates the complex in connection with her death.
edition.cnn.com
Lakers vs. Warriors takeaways: Russell Westbrook debut fell flat
New Lakers star Russell Westbrook struggled in a season-opening loss to Golden State on Tuesday night. Here are five takeaways from the game.
latimes.com
The U.K. Bank Tax Cut That Won’t Make Anyone Happy
Chancellor Sunak announces a reduced surcharge but he (and Boris Johnson) need to do much more than that to keep services from moving to Europe.
washingtonpost.com
Travis Tritt cancels concerts at venues with Covid safety measures
Travis Tritt is canceling four concerts at venues that have Covid-19 safety protocols. The country singer has announced he will not be performing at planned stops in Indiana, Mississippi, Illinois and Kentucky.
edition.cnn.com
5-foot-3 mom and her 21-pound twin babies go viral on TikTok
Social media users can’t seem to get enough of Alexis LaRue and her fast-growing babies.
foxnews.com
FBI search for Drew Peterson's missing 4th wife turns up empty, sister continues hunt with sonar
Another law enforcement search for the body of Stacy Peterson, a Chicago-area mother of two who remains missing since her disappearance 14 years ago, turned up empty Tuesday after the woman’s sister said she submitted a tip back in May about supposed skeletal remains located in a canal.
foxnews.com