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USDA Moves To Feed Millions Of Children Over The Summer

Students carry sack lunches at Elk Ridge Elementary School in Buckley, Wash. On Monday, USDA unveiled a new program that would feed millions of children over the summer, when many schools are closed.; Credit: Ted S. Warren/AP

Cory Turner | NPR

The U.S. Department of Agriculture announced a new effort Monday to feed millions of children this summer, when free school meals traditionally reach just a small minority of the kids who rely on them the rest of the year. The move expands what's known as the Pandemic Electronic Benefit Transfer, or P-EBT, program into the summer months, and USDA estimates it will reach more than 30 million children.

"If children and children's learning and children's health is a priority for us in this country, then we need to fund our priorities," Agriculture Secretary Tom Vilsack said in a Monday interview with NPR's All Things Considered. "I think it's an important day."

P-EBT takes the value of the meals kids aren't getting at school, about $6.82 per child per weekday, according to USDA, and puts it onto a debit card that families can use at the grocery store. Households already enrolled in the Supplemental Nutrition Assistance Program (once known as food stamps) can have the value placed directly onto their SNAP debit card.

Children are eligible for the new P-EBT summer expansion if they are eligible to receive free or low-cost meals during the school year. Children younger than 6 can also qualify if they live in a household that currently receives SNAP benefits. According to USDA, eligible families can expect to receive roughly $375 per child to help them through this summer.

"Families are still in crisis as a result of the pandemic and providing Pandemic EBT benefits this summer will help reduce childhood hunger and support good nutrition," said Crystal FitzSimons at the Food Research & Action Center, or FRAC.

P-EBT began in March 2020 as an emergency move to reach children whose schools had closed in response to the pandemic; it was extended as part of the American Rescue Plan, the massive COVID-19 relief package that President Biden signed this past March.

The summer months have traditionally been hard on children who depend on free or low-cost school meals. According to FRAC, in July 2019, just 1 in 7 children who ate at little or no cost during the school year was getting a subsidized school lunch at the height of summer.

Currently, at least 37 states, plus the District of Columbia and Puerto Rico, have been approved by USDA to provide P-EBT since the program's inception. On Monday, Secretary Tom Vilsack told All Things Considered host Mary Louise Kelly that he's been on the phone with governors working to expand adoption.

"When I took this job, I think only 12 states were currently enrolled ... and we're continuing to get states in every day," Vilsack said. As for why some states hadn't yet signed on, he said, "I think the guidance that we were providing to states was a little bit murky ... There's no confusion about the simple plan here for the summer. Mom and Dad get a card. They are able to go to the grocery store. They now have more resources to be able to feed their family."

Monday's announcement is just the latest move by USDA to fight child hunger. The agency recently issued waivers that will allow school districts to offer free school meals to all children in the 2021-2022 school year. Schools will also be allowed to pack meals in bulk and deliver them to students still learning at home. The Biden administration also recently pushed a $1.1 billion monthly increase in SNAP benefits through September 2021.

According to the U.S. Census Bureau's Household Pulse Survey, which has offered regular snapshots of families' wellbeing during the pandemic, food insecurity in the U.S. has been declining in recent months. As of the period from March 17-29, nearly 23% of households with children reported experiencing some food insecurity, down from a pandemic high of 31.4% in December 2020.

"Food insecurity rates are finally starting to come down," said Lauren Bauer, a fellow in economic studies at the Brookings Institution. A host of federal programs to fight hunger and put money in the pockets of low-income Americans are "putting substantial downward pressure on food insecurity rates. It's a whole new world," Bauer said.

Copyright 2021 NPR. To see more, visit https://www.npr.org.

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Pandemic Pomp and Circumstance: Graduation Looks Different This Year (Again)

; Credit: /Michelle Kondrich for NPR

Elissa Nadworny and Eda Uzunlar | NPR

In Jasmine Williams' family, graduating from the University of Michigan is a rite of passage. Her parents met on the campus, and her older sister graduated from the school a few years ago. She remembers sitting bundled up in the family section for that graduation. "It was overwhelming to feel so many people that proud," she says, "I remember sitting there watching her, and that was probably the first time I was like, 'OK, yeah, I like this. I can't wait to do this.'

This year, Williams' own graduation will look a bit different. The main undergraduate ceremony will be all virtual, though the university has invited students to watch that ceremony from the football stadium on campus known as the Big House. There will be no family members in attendance, and students will be required to have a negative COVID-19 test result to enter.

"I think it's hard not to downplay it when it's reduced to a Zoom," says Williams. But come Saturday, she's planning on donning her cap and gown and heading to the stadium with friends. "Knowing that we are going to the Big House to watch together as a class makes everything way more enjoyable for the weekend; to be able to at least get some remnants of what I witnessed years ago with my sister." Her family plans to host a streaming party from their home in Detroit.

As an academic year like no other comes to an end, colleges and universities are celebrating their graduates in a variety of ways. Some schools, like the University of Idaho and Virginia Tech are hosting multiple smaller, in-person ceremonies to comply with social distancing mandates. Others, like Iowa State, are hosting large ceremonies in football stadiums and outdoor arenas. There's also a handful that are doing virtual-only again, like the University of Washington and Portland State University. At some schools, including the University of Michigan and Emmanuel College in Boston, in-person events are restricted to just graduates; family and friends have to watch from a livestream.

For lots of students, the effort to be in-person is greatly appreciated. "You work hard those four years, you dream of that day, getting to graduate in-person and walk across the stage," says Jamontrae Christmon, a graduating senior at Tennessee State University in Nashville. For most of the year he assumed graduation would be virtual. He even sent out his graduation announcements to friends and family — and left the date off. Weeks later, he learned TSU would actually hold a May 1st in-person ceremony in the football stadium.

"I haven't been sleeping much this week at all. I'm just happy. Excited," says Christmon.

But planning for an event in an ongoing public health emergency has proven to be stressful. Steve Bennett, the chief of staff for academic affairs at Syracuse University, has worked to create commencement ceremonies that are as close to a normal year as possible.

"This may be the single most challenging special event that our team has put together, maybe ever," explains Bennett. "And it's because we keep having to plan towards a moving target."

Syracuse's plan for graduation is to have multiple smaller commencement ceremonies in their stadium; everyone in attendance has to be fully vaccinated or show proof of a recent negative COVID-19 test. According to state guidance, the stadium can only reach 10 % capacity, so graduates are limited to two guests per person. Despite the restrictions, the team that planned the ceremonies is determined to make it one that the class of 2021 deserves.

"The students have been through a lot this year. Graduating seniors lost a number of student experiences due to pandemic conditions that are important to them," says Bennett. That's why having the in-person component was essential. "It was really important to the university, given [the seniors'] commitment to us, that we have a commitment to them."

At California Lutheran University, in Thousand Oaks, Calif., graduation will be celebrated as a drive-in style event at the Ventura County Fairgrounds. Each graduate can bring one carful of people to the fairgrounds parking lot, which can accommodate up to 700 vehicles. Inspired by the city's drive-in concert events, there'll be a stage with speakers and a jumbo screen.

"That's ultimately what led us to our decision to have it at the fairgrounds. Since it's a drive-in and they're staying in their cars, they were allowed to bring family... that was just really important to us," says Karissa Oien, who works in academic affairs at California Lutheran University and is the lead organizer for the drive-in commencement. She's been planning the university's ceremonies for 13 years, and knows how important graduation can be — not just for students, but for those who helped them along the way as well.

"We wanted to have that moment again. Where the families can see their students cross the stage and be there with them."

Jamontrae Christmon, the graduating senior from Tennessee State University, will have his parents, an uncle and one of his sisters there with him at Hale Stadium. "It's just something about your parents being there," says Christmon, "you want to look into the audience and maybe see your parents and you hear them scream your name when they call your name to walk across the stage."

As the day gets closer, Christmon says he's been thinking about the moments of self-doubt he had along the way. "I could have easily said 'I'm not cut out for college' and just gave up, but I didn't." He says his family was a big part of that motivation.

"Not many in my family even attended college, let alone graduated. So this is a big deal," says Christmon. "To me it means I broke the cycle. And that's what they always wanted."

He expects his mother will cry, and likely, he will too.

Copyright 2021 NPR. To see more, visit https://www.npr.org.

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New York City Schools Will Fully Reopen With No Remote Option This Fall

New York City public schools will stop offering remote learning options in the coming school year, Mayor Bill de Blasio said on Monday.; Credit: Tayfun Coskun/Anadolu Agency via Getty Images

Jessica Gould | NPR

New York City Mayor Bill de Blasio is promising a full reopening of the nation's largest public school system in September. That means in person, five days a week, with no remote option for students to attend school exclusively online. He made the announcement on MSNBC's Morning Joe on Monday.

"You can't have a full recovery without full strength schools," de Blasio said in the segment.

Almost 70% of the nation's students attend schools that are currently offering full-time in-person learning, according to the organization Burbio. De Blasio's announcement comes a week after New Jersey Governor Phil Murphy announced that there would be no remote option for that state's public school students come September.

But questions remain about how New York City will be able to accommodate 100% of its public school students in person. Some administrators worry there won't be enough space to fit all students in classrooms under current social distancing requirements. At a city council hearing last week, officials testified that all but 10% of the city's public schools could fit their students into classrooms 3 or more feet apart.

At a press conference Monday, the mayor said that he believes schools could make 3-feet social distancing work, but that he expects the Centers for Disease Control and Prevention will relax the requirements more by August.

Meanwhile, many New York City parents have expressed reluctance around in-person schooling. Data from the U.S. Education Department shows students of color are less likely than white students to be learning in person, as of March. Communities of color in the U.S. have been disproportionately impacted by the pandemic. In New York, Asian and Black families in particular have been more likely to keep their children home, according to demographic data released by the city. Parents there have cited virus safety concerns, a lack of trust in the school system and fear of discrimination in or on the way to school as reasons for keeping their children home.

Some parents have said they won't feel comfortable until their children are vaccinated, while others have said they prefer remote learning, because it works better for their children academically or socially.

Michael Mulgrew, president of the United Federation of Teachers, the city's largest teachers union, wrote in the New York Daily News last week that the city must maintain a remote learning option for a limited number of families next school year. On Monday, Mulgrew said, "We still have concerns about the safety of a small number of students with extreme medical challenges. For that small group of students, a remote option may still be necessary."

But some education leaders have argued that offering a remote option would keep more students out of classrooms.

De Blasio said parents will be welcomed back to schools starting in June to ask questions and get answers from educators, as well as to see how schools are keeping students and staff safe.

And remote learning isn't completely going away in New York City. Earlier this month, officials said public school students will learn remotely on Election Day, instead of having the usual day off from school, and class will no longer be suspended on "snow days."

The first day of school in New York City is Sept. 13.

Nicole Cohen contributed to this report.

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'Dear Son': How A Mom's Letter Inspired A Graduation Speech — From Prison

; Credit: LA Johnson/NPR

Elissa Nadworny and Lauren Migaki | NPR

Writing a graduation speech is a tricky task. Should you be funny, or sincere? Tell a story — or offer advice? For Yusef Pierce, a graduating senior in California, the job of putting together his public address was a bit more challenging.

"Being inside, I can't really refer to other graduation speeches," Pierce says. He's speaking by phone from inside the California Rehabilitation Center, a medium-security prison in Norco. "I was just trying to come up with what sounded like a graduation speech."

He is the first person to graduate with a bachelor's degree from the Inside-Out program at Pitzer College, a liberal arts school outside Los Angeles. In a normal year, the school would bring traditional students by bus to the prison to take classes alongside the students who are in prison.

Because of the coronavirus pandemic, those classes are happening online. Pierce shared his Zoom square with 10 other guys, all wearing the CRC's blue uniforms and seated at those classic classroom desks, where the chair and the table are attached. This spring, his classes included topics like feminism for men, microeconomics and mass incarceration.

In one of those classes on a recent evening this spring, professor Nigel Boyle goes around asking each student what they're looking forward to doing that week. Pierce replies: "I'm looking forward to doing a lot of homework!"

"Every professor wants a Yusef in your class," says Boyle, who leads the Inside-Out program and teaches Pierce's Wednesday night class about mass incarceration. "You want that student who's bright, does the work, but is also helping to bring along the others."

It was only natural then that Pierce would be one of the college's graduation speakers.

"We don't label the student speaker as a valedictorian," explains Boyle. "But it happens that Yusef has a 4.0, and he's got a really interesting story to tell."

Pierce is in his early 30s and is a bit of a nerd and a class leader. He also writes poetry and paints. "It is true that oppression often requires that individuals make themselves extraordinary in order to simply survive," reads his artist's statement in an online exhibit of his work. "My paintings are entire conversations on canvas."

Eventually, he says, he wants to be a college professor, working with formerly incarcerated students.

"So he wants my job," says Boyle, laughing, "and he'd be much better at it than I am."

Boyle serves as the academic adviser to all of the incarcerated students, and he has become a mentor to Pierce, navigating him through the graduation process. In one of the last classes of the semester, Boyle hosts an impromptu fashion show, wearing his own blue cap and gown, backing away from the camera to give the onlooking students a full view of his outfit.

The guys inside cheer and whistle. "Do a spin," one guy shouts. "Beautiful! Beautiful!" another yells.

As the cheering dies down, Boyle looks for Pierce on the screen. "He doesn't know this, so it may be a slight surprise," he tells the class, "but, Yusef, you will also be receiving these cords." He drapes dark orange cords around his shoulders. "These cords are for students who graduate with honors in their degrees. Congratulations, Yusef, you are going to graduate with honors."

***

The story of how Yusef Pierce wound up in these college classes, wound up inside prison at all, starts with trauma. When he was a teen, his older brother was shot and killed. "He was murdered in the front yard of our home, right in front of my face," he explains, "and so I had to call my mom and let her know what had happened." All these years later, it's still something he doesn't like to talk about. He considered putting it in his graduation speech, but took it out, worried it might be too much for his mom to hear.

"It had a traumatic effect on all of us," Drochelle Pierce tells me over the phone, from her house in Victorville, Calif. She remembers a change in Yusef around that time.

"It was just kind of one thing after another. He got into a little bit of trouble. He allowed people that he associated with to kind of influence him in a direction that really wasn't him." Yusef finished high school, but in his early 20s he was arrested and convicted of armed robbery. Drochelle Pierce says she was beside herself when she learned his sentence would be nearly 20 years. "I tell you, honestly, I never envisioned that Yusef would ever go to prison. Never, never. Never."

A few months into Yusef's prison sentence, she wrote him a letter. "What's done is done," she wrote. "You, now more than ever, must diligently seek and obtain higher education."

It wasn't a new message. Education had always been at the center of her relationship with Yusef. When he was young, he remembers riding in the car with his mom, a sociology textbook open on his lap. "She wouldn't let me turn on the radio," he says. "She would make me read to her."

"Oh, I made [my kids] read everything," Drochelle Pierce says. "If they read it out loud, I knew they were reading it. That's the only way I would know that they were actually reading anything."

Today, the two talk on the phone nearly every day. "He was always a deep thinker," says Pierce. She knows she sounds like a typical proud mother, but she can't help it: "Yusef is very smart."

In California, college classes can shorten a prison sentence. So when the opportunity first arose for Yusef Pierce to take courses in prison, it felt like simply a means to an end. "I just want to get home sooner," he remembers joking with a friend at the time. "If they gave us time off for going to college, I would walk out of here with a Ph.D.!"

But by the time Pitzer College started offering classes for a bachelor's degree, Pierce found to his surprise that he really liked college.

"I loved it because it gave me validation," he says. "To know that somebody was reading my stuff and that somebody felt like the things that I was thinking about and writing were worth something. I got really addicted to that validation, and it just really turned me into an overachiever. And I just took class after class after class."

That drive paid off.

After writing and rewriting a number of drafts, on May 15 Pierce delivered his final graduation speech to hundreds of Pitzer graduates and their family members and friends. The content he landed on? That letter his mom sent him all those years ago.

"I realize now that I've saved this letter because it was meant for me way back then to share it with you all today," he says, dressed in his white cap and gown, draped in a kente stole, with the prison classroom where he has spent so much time in the background. "It reads, 'Dear son, I was so glad to see you Monday ...' "

As he reads the letter aloud, he gets to the part where his mother, a big poetry fan, included the lines from Invictus, a poem by William Ernest Henley. Pierce looks directly into the camera as he reads; he knows this part by heart.

Out of the night that covers me,
Black as the Pit from pole to pole,
I thank whatever gods may be
For my unconquerable soul.

In the fell clutch of circumstance
I have not winced nor cried aloud.
Under the bludgeonings of chance
My head is bloody, but unbowed.

Beyond this place of wrath and tears
Looms but the Horror of the shade,
And yet the menace of the years
Finds, and shall find, me unafraid.

It matters not how strait the gate,
How charged with punishments the scroll,
I am the master of my fate:
I am the captain of my soul.

Drochelle Pierce watched the speech on her laptop at home, with family gathered around. "We were all crying. We were just boohooing. It was just so sweet," she says.

The final line of the poem:

It matters not how strait the gate, / How charged with punishments the scroll, / I am the master of my fate: / I am the captain of my soul.

"I love that so much," she says. "I sent that to my son because I wanted him to think in terms of 'OK, here you are now. What happens to you from this point going forward, it really depends on you.' "

She is proud of her son and inspired by him too. "Look what he did. He turned a bad situation into something very, very positive. Here he is, graduating with his degree."

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Colorado Becomes First State To Ban Legacy College Admissions

; Credit: /Rob Dobi for NPR

Elissa Nadworny | NPR

When someone applies to college, there's often a box or a section on the application that asks if they have any relatives who attended the university —perhaps a parent or a cousin. This is called "legacy," and for decades it's given U.S. college applicants a leg up in admissions. But no longer in Colorado's public colleges.

On Tuesday, Colorado became the first state to do away with that admissions boost, when Democratic Gov. Jared Polis signed a ban on the practice into law. The governor also signed a bill that removes a requirement that public colleges consider SAT or ACT scores for freshmen, though the new law still allows students to submit test scores if they wish.

Both moves are aimed at making higher education access more equitable. According to the legislation, 67% of middle- to high-income students in Colorado enroll in bachelor's degree programs straight from high school, while only 47% of low-incomes students do. There are also major differences when it comes to race, with white students far more likely to enroll in college.

Legacy admissions have long been a target for reform. In a 2018 survey of admissions directors by Inside Higher Ed, 42% of private institutions and 6% of public institutions said they consider legacy status as a factor in admissions. Some of the nation's largest public universities do not consider legacy, including both the University of California and the California State University systems. However, private colleges in California have reported using legacy as a way to encourage philanthropic giving and donations.

During the pandemic, many colleges backed off on using SAT and ACT scores in admissions. Research has shownand lawsuits have argued -- that the tests, long used to measure aptitude for college, are far more connected to family income and don't provide meaningful information about a student's ability to succeed in college. Wealthier families are also more likely to pay for test prep courses, or attend schools with curriculums that focus on the exams.

As pandemic restrictions loosen up, and in-person testing resumes, some universities have begun to re-incorporate the SAT and ACT into their admissions. But others have made the temporary changes permanent. This spring, the University of California system agreed to continue a test-free admissions policy through 2025. California sends the largest number of high school students to U.S. colleges, and if the UC system no longer uses the tests, its unclear whether those students will be interested in applying to other schools that do require them.

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Jury Selection Begins In Trial Of Gunman Involved In Capital Gazette Shooting

Police tape blocks access from a street leading to the building complex where the Capital Gazette is located on June 29, 2018, in Annapolis, Md. The suspect barricaded a back door in an effort to "kill as many people as he could kill," police said.; Credit: Mandel Ngan/AFP via Getty Images

Dominique Maria Bonessi | NPR

Jury selection in the trial of the gunman who fatally shot five employees at the Capital Gazette newspaper in Annapolis, Md., on June 28, 2018 gets underway on Wednesday.

Jarrod Ramos, 41, has pleaded guilty — but not criminally responsible for reason of insanity — in the killings of John McNamara, Rob Hiaasen, Gerald Fischman, Wendi Winters and Rebecca Smith. The mass shooting was one of the deadliest attacks on journalists in modern U.S. history.

"There is a sense that you don't want this to be the thing that makes your life change," Phil Davis, the paper's former criminal justice reporter who now works at the Baltimore Sun, told NPR.

Davis was hiding under his desk while live tweeting the shooting that day. Later, he was part of the Pulitzer Prize-winning team that put out a paper the very next day.

"That's kind of what drove me to continue as a criminal justice reporter. Once I got the feeling of like, 'no we're going to get back to exactly what we do. We're going to tackle this how we would even if it wasn't us and try to go at it from the perspective of a local community newspaper,'" Davis said.

Bruce Shapiro, the executive director of the Columbia University's Dart Center for Journalism and Trauma, said what made this shooting reverberate in newsrooms across the U.S. was "the idea of a newsroom full of colleagues being murdered just because they are journalists. It's an identity based attack."

Attacks on journalists in the U.S. haven't stopped there. During his time in office, President Donald Trump tweeted that the news media is the enemy of the people. Associated Press journalists were threatened and had their equipment damaged by supporters of Trump during the Capitol insurrection on Jan. 6. And last year, during the protests in Minneapolis over the murder of George Floyd by police, the U.S. Press Freedom Tracker reported at least 160 threats to journalists across the country in one week--mostly by police.

Shapiro says the trial is a reminder to the public of the risks and costs local reporters take daily.

"The reality is that local newsrooms all over the country cover extraordinarily difficult events affecting their own families, neighbors, kids, schools whether that is wildfires, whether that is mass shooting, whether that is COVID-19," Shapiro said.

The Capital Gazette trial has been delayed several times due to COVID-19, turnover in the public defender and state's attorney's offices, and rounds of court hearings. Davis says he hopes the long-awaited trial brings some closure.

"Certainly for the families of the victims themselves, I look forward to being on the other end of this trial," he said. "And whatever the outcome is, being able to embrace them and support them just to bring them some sort of closure."

Today, less than a week before the third anniversary of the shooting, the judge has called a pool of 300 people to determine the 12 that will sit as jurors. They will then determine Ramos's mental sanity during the attack.

Steve Mercer, a former Maryland public defender, said the defense has the burden to prove Ramos's sanity. He said that in cases like these, the defense will look at motive and intent. One possible motive, Mercer says, is Ramos' "long-simmering feud with the paper."

Ramos sued the paper for defamation in 2012 after reporters wrote about his guilty plea on charges of criminal harassment and 90-day suspended jail sentence. But that motive might not hold up.

"I think there's a big gap between sort of being upset about a story that's published ... and then going in and committing a mass shooting," Mercer said.

Mercer adds what presents a challenge to both the defense and prosecution is Ramos's conduct after the shooting. He was found by police under a desk at the scene of the shooting with a pump-action shotgun which was purchased legally a few years before.

"The defense may point to it and say that it shows just a disconnect from reality and a lack of awareness of what was going on," Mercer said.

Circuit Court Judge Judge Michael Wachs will ultimately decide if he ends up in prison or a state psychiatric hospital.

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In A Narrow Ruling, Supreme Court Hands Farmworkers Union A Loss

The Supreme Court found that a law that allowed farmworkers union organizers onto farm property during nonworking hours unconstitutionally appropriates private land.; Credit: Patrick T. Fallon/AFP via Getty Images

Nina Totenberg and Eric Singerman | NPR

Updated June 23, 2021 at 1:06 PM ET

The Supreme Court on Wednesday tightened the leash on union representatives and their ability to organize farmworkers in California and elsewhere. At issue in the case was a California law that allows union organizers to enter farms to speak to workers during nonworking hours — before and after work, as well as during lunch — for a set a number of days each year.

By a 6-3 vote along ideological lines, the court ruled that the law — enacted nearly 50 years ago after a campaign by famed organizer Cesar Chavez — unconstitutionally appropriates private land by allowing organizers to go on farm property to drum up union support.

"The regulation appropriates a right to physically invade the growers' property," Chief Justice John Roberts wrote for the court's conservative majority. "The access regulation amounts to simple appropriation of private property."

The decision is a potentially mortal blow that threatens the very existence of the farmworkers union. However, the ruling stopped short of upending other laws that allow government officials to enter private property to inspect and enforce health and safety rules that cover everything restaurants to toxic chemical sites.

Indeed, as Roberts wrote: "Under this framework, government health and safety inspection regimes will generally not constitute takings."

The court's decision on Wednesday was only the latest in a series of decisions that have aimed directly at the heart of organized labor in the United States. In 2018, the court hamstrung public-sector unions' efforts to raise money for collective bargaining. In that decision, the court by a 5-4 vote overturned a 40-year precedent that had allowed unions to collect limited "fair share" fees from workers not in the union but who benefited from the terms of the contract that the union negotiated.

The case decided by the court on Wednesday began in 2015 at Cedar Point Nursery, near the Oregon border. The nursery's owner, Mike Fahner, said union organizers entered the farm at 5 a.m. one morning, without the required notice, and began harassing his workers with bullhorns. The general counsel for the United Farm Workers, Mario Martinez, countered that the people with bullhorns were striking workers, not union organizers.

When Cedar Point filed a complaint with the California Agricultural Labor Relations Board, the board found no illegal behavior and dismissed the complaint. Cedar Point, joined by another California grower, appealed all the way to the Supreme Court, arguing they should be able to exclude organizers from their farms.

Writing for the court's three liberals, Justice Stephen Breyer said the access in the case was "temporary" and so did not constitute a "taking" under the law.

The rule, he wrote , is "not functionally equivalent to the classic taking in which government directly appropriates private property or ousts the owner from his domain."

"In my view, the majority's conclusion threatens to make many ordinary forms of regulation unusually complex or impractical," he wrote.

The court's decision could be disastrous for unions in general, but especially those that represent low-income workers. The growers asserted that unions should have no problem organizing workers in the era of the internet. But many of the workers at Cedar Point don't own smartphones and don't have internet access. What's more, many speak Spanish or indigenous languages and live scattered throughout the area, in motels, in labor camps or with friends and family, often moving after just a few weeks when the seasonal harvest is over.

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READ: The Derek Chauvin Sentencing Decision

Hennepin County Judge Peter Cahill sentenced former Minneapolis police officer Derek Chauvin to 22 1/2 years in prison for the murder of George Floyd.; Credit: /Court TV via AP

Laurel Wamsley | NPR

Updated June 25, 2021 at 4:41 PM ET

A Minnesota judge sentenced former Minneapolis police officer Derek Chauvin to 22 1/2 years in prison Friday for the murder of George Floyd.

Judge Peter Cahill wrote that part of the mission of the Minneapolis Police Department is to give citizens "voice and respect."

"Mr. Chauvin, rather than pursuing the MPD mission, treated Mr. Floyd without respect and denied him the dignity owed to all human beings and which he certainly would have extended to a friend or neighbor. In the Court's view, 270 months, which amounts to an additional ten years over the presumptive 150-month sentence, is the appropriate sentence."

Read Cahill's entire sentencing order and memoradum for Chauvin below.

Chauvin, 45, was convicted in April of all three charges he faced — second-degree unintentional murder, third-degree murder and second-degree manslaughter.

He was sentenced only on the first of the charges, the most serious, as is typical in Minnesota.

Cahill said Chauvin's crime included four aggravating factors: that Derek Chauvin abused a position of trust and authority as a police officer, that he treated Floyd with "particular cruelty," that he committed the crime as part of a group with at least three other people, and that children were present during the commission of the offense.

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The Supreme Court Leaves The CDC's Moratorium On Evictions In Place

The U.S. Supreme Court; Credit: Jose Luis Magana/AP

Nina Totenberg and Chris Arnold | NPR

Updated June 29, 2021 at 7:53 PM ET

The U.S. Supreme Court on Tuesday refused to lift a ban on evictions for tenants who have failed to pay all or some rent during the coronavirus pandemic.

By a 5-to-4 vote, the court left in place the nationwide moratorium on evictions put in place by the Centers for Disease Control and Prevention, and which was challenged by the Alabama Association of Realtors.

Justice Brett Kavanaugh, who cast the fifth and deciding vote, wrote in a concurring opinion that he voted not to end the eviction program only because it is set to expire on July 31, "and because those few weeks will allow for additional and more orderly distribution" of the funds that Congress appropriated to provide rental assistance to those in need because of the pandemic. He added, however, that in his view Congress would have to pass new and clearer legislation to extend the moratorium past July 31.

The Biden administration has said it does not plan to extend the moratorium any further.

Also voting to leave the program intact until July 31 were Chief Justice John Roberts and Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan.

Dissenting were Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Amy Coney Barrett. They would have blocked the moratorium from continuing for another month.

The decision comes at a time when roughly 7 million American households say they are still behind on their rent. Many suffered job loss during the pandemic. And delays have stopped more than $46 billion in congressionally approved rental assistance from reaching many people facing eviction who need it.

Housing groups have been warning that pulling the CDC eviction protections away from people before that congressional aid can reach them would spark a wave of evictions that could otherwise be avoided.

Evictions often send families into a downward financial spiral. It can be very hard to find another place to live with an eviction on your record. People can end up living in their cars, motels when they can afford it or in homeless shelters. Research has found there's also a disparate impact on people of color.

During the pandemic, public health experts have warned — and research showed — that evictions result in more coronavirus cases because people end up living in more crowded situations, where they are more likely to catch or spread the disease.

At the outset of the pandemic, Congress adopted a limited, temporary moratorium on evictions. After Congress' moratorium lapsed last July, however, then-President Donald Trump asked the CDC to step in and issue a new eviction ban, which it did in September. In March, President Biden extended that ban, which was to expire at the end of June. Then on June 24, the Biden administration notified the Supreme Court that it had extended the moratorium until July 31. It also said that barring a rise in coronavirus cases, the "CDC does not plan to extend the Order further."

Landlords have long argued that the CDC order was an overreach and that the agency doesn't have the power to, in effect, take control over their own properties away from them.

A group of the nation's landlords challenged the eviction ban and on May 5, a federal judge in Washington, D.C., ruled that the CDC has exceeded its authority. The judge, however, blocked her own decision from going into effect to give the government time to appeal. On June 2, the U.S. Court of Appeals for the District of Columbia upheld the stay, prompting the landlords to go to the Supreme Court.

Keeping the status quo in place "will prolong the severe financial burdens borne by landlords under the moratorium for the past nine months," the property owners said.

Copyright 2021 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




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The Supreme Court Will Hear A Case On The Funding Of Religious Schools

Eric Singerman | NPR

After issuing its final decisions of the term Thursday, the Supreme Court on Friday granted a religious liberty case for next term and turned away challenges to longstanding decisions on qualified immunity and defamation, prompting dissents from the court's conservatives.

Court agrees to hear one religious liberty case, but rejects another

The justices agreed to consider a constitutional challenge to a school funding program in Maine that excludes private schools that teach religion.

Only half the school districts in Maine run their own high schools. The rest pay for students to attend public schools in other districts or to attend private schools. The state, however, will not fund students who attend any school that offers religious teaching.

Parents who wanted to send their children to a private Christian school challenged the law, alleging it violated their right to exercise their religion freely. The First Circuit disagreed, but now the high court will hear their case.

The justices, however, declined to hear another case about religious liberty – this one brought by a Washington state florist who refused to provide flowers for a same-sex wedding. She alleged that the state's antidiscrimination law violated her First Amendment rights, and in 2017, Washington's supreme court ruled against her.

Though the justices on Friday declined to hear her appeal, three of the court's conservatives—Samuel Alito, Clarence Thomas, and Neil Gorsuch—would have taken it for next term.

Thomas calls to do away with qualified immunity

Also on Friday, Justice Thomas once again called for the court to do away with qualified immunity, the legal shield for police officers that has come under intense scrutiny in the last year of racial justice protests.

Thomas was dissenting from the court's refusal to hear the case of a college student promoting Turning Point USA, a right-wing organization known for publishing lists of university professors it deems hostile to conservatives. The student alleged campus police at Arkansas State University violated her First Amendment rights when they stopped her from advertising the organization near the student union. But the campus officers escaped liability in the lower court because of qualified immunity, a doctrine created by the Supreme Court in 1967 that has evolved into a near-impenetrable bulwark for the police.

"Why should university officers," wrote Thomas, "receive the same protection as a police officer who makes a split-second decision to use force in a dangerous setting?" Going further, Thomas questioned whether the judicially-created doctrine should exist at all, an opinion that has garnered more and more bipartisan consensus in the wake of George Floyd's murder.

Thomas and Gorsuch call to overturn landmark Free Speech precedent

The court declined to hear a defamation case brought by a Miami-born international arms dealer—portrayed in the 2016 movie War Dogs—against the author of a book about his life.

The lower court dismissed the suit. It pointed to a landmark 1964 First Amendment decision, in which the high court said that publishers are immune from libel suits brought by public figures, so long as the publishers either didn't know, or had no reason to know, that the information they published was false.

Both Thomas and Gorsuch dissented, arguing the court should overturn the nearly 50-year-old precedent. In the era of disinformation, "lies impose real harm," wrote Thomas. "Instead of continuing to insulate those who perpetrate lies," said Thomas, the court should narrow First Amendment protections.

In a separate dissent, Gorsuch agreed. In 1964, publishers needed protection against libel for unpopular opinions to survive. Indeed, the court's 1964 decision was first used to protect civil rights leaders who had published a New York Times ad criticizing the Montgomery, Alabama police for repeatedly arresting Martin Luther King Jr.

But, said Gorsuch, in 2021, "it's less obvious what force [libel protections have] in a world in which everyone carries a soapbox in their hands," referring to smartphones. Now, Gorsuch wrote, "the deck seems stacked against those with traditional (and expensive) journalistic standards—and in favor of those who can disseminate the most sensational information as efficiently as possible without any particular concern for truth."

Another execution

On top of its decisions about cases next term, the justices gave Alabama the green light to execute Matthew Reeves, whose death sentence was recently overturned by the 11th Circuit Court of Appeals.

This is the second time the justices have ruled against Reeves, who in 1998 was convicted for murder in Alabama. In 2002, Reeves first challenged his sentence in state court. He argued that because of his low IQ, his lawyer should have hired an expert to evaluate him for an intellectual disability. After 15 years of appeals, the Supreme Court denied his claim in 2017. So Reeves appealed his claim through the federal system.

But on Friday, the high court again rejected his challenge, thus allowing Alabama to move forward with his execution. Justice Sotomayor, joined by Justice Kagan, dissented, criticizing the state court for its brusque dismissal of Reeves's claim.

Sotomayor drew attention to "a troubling trend in which this court strains to reverse summarily any grants of relief to those facing execution." The court, wrote Sotomayor, "turns deference" to state courts "into a rule that...relief is never available to those facing execution."

Copyright 2021 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




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