12-07-2022  8:07 am   •   PDX and SEA Weather
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NORTHWEST NEWS

US Judge Gives Initial Victory to Oregon's Tough New Gun Law

A federal judge delivered an initial victory to proponents of a sweeping gun-control measure to take effect this week while giving law enforcement more time to set up a system for permits

Tough Oregon Gun Law Faces Legal Challenge, Could Be Delayed

Midterm voters narrowly passed one of the toughest gun control laws in the nation, but the new permit-to-purchase mandate and ban on high-capacity magazines faces a lawsuit that could put it on ice just days before it's set to take effect.

Portland Approves $27M for New Homeless Camps

Public opposition to the measure and the money that will fund it has been heated, with critics saying it will criminalize homelessness and fail to address its root causes.

Portland Settles Lawsuit Over Police Use of Tear Gas

The lawsuit was originally filed by Don't Shoot Portland in June 2020. “Our freedom of expression is the foundation of how we make social change possible,” Teressa Raiford said in a news release. “Black Lives Still Matter.”

NEWS BRIEFS

Volunteers of America Oregon Receives Agility Grant From the National Council on Problem Gambling

The funds will support the development of a Peer Driven Problem Gambling Prevention Campaign targeting high school and college-age...

Commissioner Jayapal Invites Community Members for Coffee

Multnomah County Commissioner will be available for a conversation on priorities and the county's work ...

GFO African-American Special Interest Group Meeting to Feature Southern Claims Commission

The Dec. 17 meeting of the Genealogical Forum of Oregon will feature Shelley Viola Murphy, PhD via ZOOM. Murphy will discuss the...

Charter Commission Concludes Study, Issues Report

The Portland Charter Commission have concluded their two-year term referring nine proposals to the November 2024 election and...

PBS Genealogy Show Seeks Viewers’ Brick Walls

The popular PBS show “Finding Your Roots” is putting out a nationwide casting call for a non-celebrity to be featured on season...

Emboldened athletes push back on old-school coaching methods

SAN FRANCISCO (AP) — Some of Geoff Bond’s rowers loved and appreciated his demanding style. They thrived on how the coach at the University of California-San Diego pushed them to the limit while preparing them to take on the real world. But for others, Bond was a nightmare, with...

Emboldened athletes push back on old-school coaching methods

SAN FRANCISCO (AP) — Some of Geoff Bond’s rowers loved and appreciated his demanding style. They thrived on how the coach at the University of California-San Diego pushed them to the limit while preparing them to take on the real world. But for others, Bond was a nightmare, with...

UNLV hires former Missouri coach Barry Odom to head program

LAS VEGAS (AP) — UNLV hired former Missouri football coach Barry Odom on Tuesday for the same position. He coached the Tigers from 2016-19, going 25-25 with two bowl appearances. Odom was Arkansas' defensive coordinator and associate head coach the past three...

Wake Forest, Missouri meet for first time in Gasparilla Bowl

Wake Forest (7-5, ACC) vs. Missouri (6-6, SEC), Dec. 23, 6:30 p.m. EST LOCATION: Tampa, Florida TOP PLAYERS Wake Forest: QB Sam Hartman ranked second among ACC passers with 3,421 yards and tied for first with 35 touchdowns despite missing a game because of...

OPINION

‘I Unreservedly Apologize’

The Oregonian commissioned a study of its history of racism, and published the report on Oct. 24, 2022. The Skanner is pleased to republish the apology written by the editor, Therese Bottomly. We hope other institutions will follow this example of looking...

City Officials Should Take Listening Lessons

Sisters of the Road share personal reflections of their staff after a town hall meeting at which people with lived experience of homelessness spoke ...

When Student Loan Repayments Resume, Will Problems Return Too?

HBCU borrowers question little loan forgiveness, delays to financial security ...

Tell the Supreme Court: We Still Need Affirmative Action

Opponents of affirmative action have been trying to destroy it for years. And now it looks like they just might get their chance. ...

AFRICAN AMERICANS IN THE NEWS

Friction over LGBTQ issues worsens in global Anglican church

Friction has long-simmered within the global Anglican Communion over its 42 provinces’ sharp differences on whether to recognize same-sex marriage and ordain LGBTQ clergy. The divisions widened this year as conservative bishops affirmed their opposition to LGBTQ inclusion and demanded...

Friction over LGBTQ issues worsens in global Anglican church

Friction has been simmering within the global Anglican Communion for many years over its 42 provinces’ sharp differences on whether to recognize same-sex marriage and ordain LGBTQ clergy. This year, the divisions have widened, as conservative bishops – notably from Africa and Asia – affirmed...

Emhoff: 'Epidemic of hate' exists in US, can't be normalized

WASHINGTON (AP) — Doug Emhoff, the husband of Vice President Kamala Harris, says a rise in antisemitism in the United States shows that an “epidemic of hate” exists in the country and cannot be normalized. Emhoff, who is Jewish, was leading a White House discussion on the issue...

ENTERTAINMENT

Man who shot Lady Gaga's dog walker gets 21 years in prison

LOS ANGELES (AP) — The man who shot and wounded Lady Gaga’s dog walker while stealing her French bulldogs last year took a plea deal and was sentenced to 21 years in prison on Monday, officials said. The Lady Gaga connection was a coincidence, authorities have said. The motive was...

The women at the center of Harvey Weinstein's LA rape trial

LOS ANGELES (AP) — Prosecutors called 44 witnesses to make their case against Harvey Weinstein, but a jury's decision at his Los Angeles trial will hinge largely on the testimony of four: the women he is charged with raping or sexually assaulting, all known simply as “Jane Doe” in court. ...

5 plants that say `holiday season,' and how to care for them

Holiday horticulture tends to revolve around the same handful of plants. So if you don’t already have any or all of these five holiday plants, now is the time to get them: PAPERWHITES The bulbs of these daffodil family members are pre-chilled so they can be planted now...

U.S. & WORLD NEWS

Could trawler cams help save world's dwindling fish stocks?

PORTLAND, Maine (AP) — For years, Mark Hager’s job as an observer aboard New England fishing boats made him a...

Hawaii remembrance to draw handful of Pearl Harbor survivors

PEARL HARBOR, Hawaii (AP) — A handful of centenarian survivors of the attack on Pearl Harbor are expected to...

Tagovailoa, Zaporizhzhia make list of most mangled words

BOSTON (AP) — “Miami Dolphins quarterback Tua Tagovailoa explained the significance of the Chicxulub impact...

Dissident artist Weiwei says China unrest won't alter regime

MONTEMOR-O-NOVO, Portugal (AP) — Dissident Chinese artist and activist Ai Weiwei is taking heart from recent...

Across vast Muslim world, LGBTQ people remain marginalized

YOGYAKARTA, Indonesia (AP) — On the outskirts of Yogyakarta, an Indonesian city that’s home to many...

Albania's last captive bear rescued to Austrian sanctuary

TIRANA, Albania (AP) — Albania’s last brown bear in captivity was rescued by an international animal welfare...

By The Skanner News | The Skanner News

WASHINGTON (AP) — President Barack Obama's historic health care overhaul hit its first major legal roadblock Monday, thrown into doubt by a federal judge's declaration that the heart of the sweeping legislation is unconstitutional. The decision handed Republican foes ammunition for their repeal effort next year as the law heads for almost certain eventual judgment by the U.S. Supreme Court.

The Skanner News Video here

The ruling by U.S. District Judge Henry E. Hudson, a Republican appointee in Richmond, Va., marked the first successful court challenge to any portion of the new law, following two earlier rulings in its favor by Democratic-appointed judges.

The law's central requirement for nearly all Americans to carry insurance is unconstitutional, well beyond Congress' power to mandate, Hudson ruled, agreeing with the argument of Virginia's Republican attorney general — and many of the GOP lawmakers who will take control of the U.S. House in January. Hudson denied Virginia's request to strike down the law in its entirety or block it from being implemented while his ruling is appealed by the Obama administration.

"An individual's personal decision to purchase — or decline to purchase — health insurance from a private provider is beyond the historical reach of the Commerce Clause," said Hudson, a 2002 appointee of President George W. Bush.

Nevertheless, the White House predicted it would prevail in the Supreme Court, although it may be a year or two before the health care law gets there. The next step for the Virginia lawsuit is the 4th U.S. Circuit Court of Appeals in Richmond, where Democratic-appointed judges hold a majority.

In an interview with television station WFLA in Tampa, Fla., on Monday, Obama emphasized that other judges had either found the law constitutional or dismissed lawsuits against it.

"Keep in mind this is one ruling by one federal district court. We've already had two federal district courts that have ruled that this is definitely constitutional," Obama said. "You've got one judge who disagreed. That's the nature of these things."

But in the short term, the latest court ruling hands potent ammunition to GOP opponents as they prepare to assert control in the new Congress with promises to repeal the law. Obama in turn has promised to veto any repeal legislation and appears likely to be able to prevail since Democrats retain control of the Senate. Republicans also have discussed trying to starve the law of funding.

Whatever the eventual outcome, Monday's ruling could create uncertainty around the administration's efforts to gradually put into effect the landmark legislation extending health coverage to 32 million uninsured Americans. And it can only increase the public's skepticism, which has not significantly receded in the months since the law's enactment, defying Obama's prediction that it would become more popular as the public got to know it.

Obama aides said implementation would not be affected, noting that the individual insurance requirement and other major portions of the legislation don't take effect until 2014.

Underscoring the potential for Hudson's ruling to become a political cudgel for the new Republican House majority, incoming House Speaker John Boehner, R-Ohio, quickly cautioned states against "investing time and resources in Obamacare's implementation now that its central mandate has been ruled unconstitutional."

"Republicans have made a pledge to America to repeal this job-killing health care law, and that's what we're going to do," said Boehner. Calls to repeal the law were a staple of tea party campaign rallies this year.

Other lawsuits are going forward, including one by 20 states that gets under way Thursday in Florida. That suit also challenges whether the federal government can require states to expand their Medicaid programs.

The suit that was decided on Monday had gained a high profile because it was pursued by Virginia's outspoken attorney general, Ken Cuccinelli. The two earlier cases decided in favor of the administration were brought by little-known legal entities.

In his ruling, Hudson largely agreed with Cuccinelli's argument that Congress exceeded its authority, and he dismissed the Justice Department's argument that the insurance-buying requirement would come under the definition of regulating interstate commerce, a power given to Congress by the Constitution.

The mandate for people to buy insurance "is neither within the letter nor the spirit of the Constitution," the judge said.

Hudson limited his ruling to striking down the so-called individual mandate, leaving intact other portions of the law — something supporters cast as a victory. But administration officials and outside analysts agree that important provisions of the legislation could not go forward without the requirement for everyone to be insured. That's because insurers need to have large pools of healthy people, who are cheap to insure, or it is not financially tenable for them to extend coverage to anyone with a pre-existing condition or guarantee certain policies to nearly all comers.

Some provisions of the law took effect in September, six months after its passage, including free preventive care, an elimination of lifetime limits on coverage and a requirement for insurers to allow adult children to stay on their parents' health plans until age 26.

Hudson recognized that his would not be the last word on the subject.

"The final word will undoubtedly reside with a higher court," he wrote.

White House health reform director Nancy-Ann DeParle said the administration is encouraged by the two other judges — in Virginia and Michigan — who have upheld the law. She said the Justice Department is reviewing Hudson's ruling.

In contrast to Hudson's ruling, the judges in Michigan and Virginia, both appointed by President Bill Clinton, said the purchase requirement was allowable under the Constitution.

Associated Press writer Larry O'Dell contributed to this report from Richmond, Va.

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