|
|
|
Senate rejects competing bills, increasing risk of shutdown on Oct. 1
Topics in Legal News |
2025/09/18 13:02
|
The Senate rejected competing measures on Friday to fund federal agencies for a few weeks when the new budget year begins on Oct. 1, increasing prospects for a partial government shutdown on that date.
Leaders of the two parties sought to blame the other side for the standoff. Democrats accused Republicans of not negotiating with them to address some of their priorities on health care as part of the funding measure, even though they knew Democratic votes would be needed to get a bill to the president’s desk.
Republicans said Democrats were making demands that would dramatically increase spending and were not germane to the core issue of keeping agencies fully running for a short period of time while negotiations continued on a full-year spending package.
It’s unclear how the two sides will be able to avoid a shutdown. Republicans are planning on what amounts to a do-over vote on their proposal close to the deadline in the hopes that more Democrats will have second thoughts. Democrats are repeating their demand that Republicans sit down with them and work on a compromise.
“The theater must end,” Senate Democratic Leader Chuck Schumer, D-N.Y., said after the vote. “Let’s sit down and negotiate.”
Senate Majority Leader John Thune, R-S.D., gave no indication of a change in course.
“All it takes is a handful of Democrats to join the Republicans in keeping the government open and funded, and to ensure we have a chance to get the appropriations process completed in the way it was intended,” Thune said.
The Senate action came after the House earlier in the day passed the Republican-led funding bill. The measure would extend government funding generally at current levels for seven weeks. The bill would also add about $88 million in security funding for lawmakers and members of the Supreme Court and executive branch in the wake of the assassination of conservative activist Charlie Kirk.
The vote was 217-212. Rep. Jared Golden of Maine was the lone Democratic member to support the bill. Rep. Marie Gluesenkamp Perez, D-Wash., also said she tried to vote for the bill but was not recognized by the presiding officer. She was listed officially as not voting.
House Speaker Mike Johnson of Louisiana said he knew he had few votes to spare as he sought to persuade fellow Republicans to vote for the funding patch, something many in his conference have routinely opposed in past budget fights. But this time, GOP members saw a chance to portray the Democrats as responsible for a shutdown.
“The ball is in Chuck Schumer’s court. I hope he does the right thing. I hope he does not choose to shut the government down and inflict pain on the American people,” Johnson said.
President Donald Trump had urged House Republicans to pass the bill and put the burden on Democrats to oppose it. GOP leaders often need Trump’s help to win over holdouts on legislation.
Trump predicted Friday that there could be “a closed country for a period of time.” He said the government will continue to “take care” of the military and Social Security payments in a closure.
Democratic leader Hakeem Jeffries, D-N.Y., said that in opposing the continuing resolution, Democrats were working to protect the health care of the American people. He said that with Republicans controlling the White House and both branches of Congress, “Republicans will own a government shutdown. Period. Full stop.”
The Senate moved quickly after the House vote to take up the measure plus the Democratic counter. Both bills fell far short of the 60 votes required for passage.
The Democratic proposal would extend enhanced health insurance subsidies set to expire at the end of the year, plus reverse Medicaid cuts that were included in Republicans’ big tax breaks and spending cuts bill enacted earlier this year.
The Democratic measure actually received more votes than the Republican one due to absences. The 47-45 vote went strictly along party lines.
“The American people will look at what Republicans are doing, look at what Democrats are doing, and it will be clear that public sentiment will be on our side,” Schumer said.
The Republican measure gained 44 votes, including from Democratic Sen. John Fetterman of Pennsylvania. But 48 voted against it, including two Republicans, Sens. Rand Paul of Kentucky and Lisa Murkowski of Alaska. |
|
|
|
|
|
|
Call of Duty Maker Seeks Dismissal in Texas School Shooting Case
Court Watch |
2025/09/16 13:00
|
A lawyer for the maker of the video game Call of Duty argued Friday that a judge should dismiss a lawsuit brought by families of the victims of the Robb Elementary School attack in Uvalde, Texas, saying the contents of the war game are protected by the First Amendment.
The families sued Call of Duty maker Activision and Meta Platforms, which owns Instagram, saying that the companies bear responsibility for promoting products used by the teen gunman.
Three sets of parents who lost children in the shooting were in the audience at the Los Angeles hearing.
Activision lawyer Bethany Kristovich told Superior Court Judge William Highberger that the “First Amendment bars their claims, period full stop.”
“The issues of gun violence are incredibly difficult,” Kristovich said. “The evidence in this case is not.”
She argued that the case has little chance of prevailing if it continues, because courts have repeatedly held that “creators of artistic works, whether they be books, music, movies, TV or video games, cannot be held legally liable for the acts of their audience.”
The lawsuit, one of many involving Uvalde families, was filed last year on the second anniversary of one of the deadliest school shootings in U.S. history. The gunman killed 19 students and two teachers. Officers finally confronted and shot him after waiting more than an hour to enter the fourth-grade classroom.
Kimberly Rubio, whose 10-year-old daughter Lexi was killed in the shooting, was among the parents who came from Texas to Southern California, where Activision is based, for the hearing.
“We traveled all this way, so we need answers,” Rubio said outside the courthouse. “It’s our hope that the case will move forward so we can get those answers.”
An attorney for the families argued during the hearing that Call of Duty exceeds its First Amendment protections by moving into marketing.
“The basis of our complaint is not the existence of Call of Duty,” Katie Mesner-Hage told the judge. “It is using Call of Duty as a platform to market weapons to minors.”
The plaintiffs’ lawyers showed contracts and correspondence between executives at Activison and gunmakers whose products, they said, are clearly and exactly depicted in the game despite brand names not appearing.
Mesner-Hage said the documents show that they actually prefer being unlabeled because “it helps shield them from the implication that they are marketing guns to minors,” while knowing that players will still identify and seek out the weapons.
Kristovich said there is no evidence that the kind of product placement and marketing the plaintiffs are talking about happened in any of the editions of the game the shooter played.
The families have also filed a lawsuit against Daniel Defense, which manufactured the AR-style rifle used in the May 24, 2022, shooting. Koskoff argued that a replica of the rifle clearly appears on a splash page for Call of Duty.
Josh Koskoff, the families’ Connecticut-based lead attorney, also represented families of nine Sandy Hook Elementary School shooting victims in a lawsuit against gunmaker Remington and got a $73 million lawsuit settlement.
He invoked Sandy Hook several times in his arguments, saying the shooters there and in Uvalde shared the same gaming obsession.
Koskoff said the Uvalde shooter experienced “the absorption and the loss of self in Call of Duty.”
He said that immersion was so deep that the shooter searched online for how to obtain an armored suit that he didn’t know only exists in the game.
Koskoff played a clip from Call of Duty Modern Warfare, the game the shooter played, with a first-person shooter gunning down opponents.
The shots echoed loudly in the courtroom, and several people in the audience slowly shook their heads.
“Call of Duty is in a class of its own,” Koskoff said.
Kristovich argued for Activision that the game, despite its vast numbers of players, can be tied to only a few of the many U.S. mass shootings.
“The game is incredibly common. It appears in a scene on ‘The Office,’” she said. She added that it is ridiculous to assert that “this is such a horrible scourge that your honor has to essentially ban it through this lawsuit.”
Highberger told the lawyers he was not leaning in either direction before the hearing. He gave no time frame for when he will rule, but a quick decision is not expected.
The judge did tell the plaintiffs’ lawyers that their description of Activision’s actions seemed like deliberate malfeasance, where their lawsuit alleges negligence. He said that was the biggest hurdle they needed to clear.
“Their conduct created a risk of exactly what happened,” Mesner-Hage told him. “And we represent the people who are exactly the foreseeable victims of that conduct.”
Meta’s attorneys will make arguments on a similar motion next month.
|
|
|
|
|
|
|
Military lawyers will serve as immigration judges as courts face massive backlog
Court News |
2025/09/12 10:33
|
Defense Secretary Pete Hegseth has approved sending up to 600 military lawyers to the Justice Department to serve as temporary immigration judges, according to a memo reviewed by The Associated Press.
The military will begin sending groups of 150 attorneys — both military and civilians — to the Justice Department “as soon as practicable,” and the military services should have the first round of people identified by next week, according to the Aug. 27 memo.
The effort comes as the Trump administration more regularly turns to the military as it cracks down on illegal immigration through ramped-up arrests and deportations. Its growing role in the push includes troops patrolling the U.S.-Mexico border, National Guard members being sent into U.S. cities to support immigration enforcement efforts, housing people awaiting deportation on military bases and using military aircraft to carry out deportations.
The administration’s focus on illegal immigration has added strain to the immigration courts, which were already dealing with a massive backlog of roughly 3.5 million cases that has ballooned in recent years. An organization for immigration lawyers called the new directive a “destructive” move meant to undermine the courts.
At the same time, more than 100 immigration judges have been fired or left voluntarily after taking deferred resignations offered by the Trump administration, their union says. In the most recent round of terminations, the International Federation of Professional and Technical Engineers said in July that at least 17 immigration judges had been fired “without cause” in courts across the country.
That has left about 600 immigration judges, union figures show, meaning the Pentagon move would double their ranks.
The Justice Department, which oversees the immigration courts, requested the assistance from the Defense Department, according to the memo sent by the Pentagon’s executive secretary to his DOJ counterpart. The military lawyers’ duties as immigration judges will initially last no more than 179 days but can be renewed, it said.
A DOJ spokesperson referred questions about the plan to the Defense Department, where officials directed questions to the White House.
A White House official said Tuesday that the administration is looking at a variety of options to help resolve the significant backlog of immigration cases, including hiring additional immigration judges. The official, who was not authorized to comment publicly and spoke on condition of anonymity, said the matter should be “a priority that everyone — including those waiting for adjudication — can rally around.”
The head of the American Immigration Lawyers Association decried bringing in temporary judges who lack expertise in immigration law, saying “it makes as much as sense as having a cardiologist do a hip replacement.”
“Expecting fair decisions from judges unfamiliar with the law is absurd. This reckless move guts due process and further undermines the integrity of our immigration court system,” said Ben Johnson, the organization’s executive director.
The memo stressed that the additional attorneys are contingent on availability and that mobilizing reserve officers may be necessary. Plus, the document said DOJ would be responsible for ensuring that anyone sent from the Pentagon does not violate the federal prohibition on using the military as domestic law enforcement, known as the Posse Comitatus Act.
The administration faced a setback on its efforts to use troops in unique ways to combat illegal immigration and crime, with a court ruling Tuesday that it “willfully” violated federal law by sending National Guard troops to Los Angeles in early June.
It is not immediately clear what impact shifting that number of military attorneys would have on the armed forces’ justice system. The attorneys, called judge advocates, have a range of duties much like civilian lawyers, from carrying out prosecutions, acting as a defense attorney or offering legal advice.
Pentagon officials did immediately offer details on where any of the 600 attorneys will be drawn from and whether they will come from active duty or the reserves.
Until she was abruptly fired in July, former supervising judge Jennifer Peyton administered the intensive training that all judges in Chicago undergo before working in some of the busiest immigration courts in the country. After the weekslong training, new judges are paired with an experienced mentor and have a two-year probationary period.
Peyton doubted that military attorneys would be able to master the complexities of immigration law without that rigorous process. She also said it wasn’t clear how they would handle the hundreds, or sometimes thousands, of cases on just a Chicago immigration judge’s docket each year.
“Six months is barely enough time to start to figure out the firehose of information and training,” she said.
Peyton also was concerned that Trump’s move didn’t supply more administrative workers, including translators, whom judges rely on to make decisions. The stakes, she said, were life or death for people who would come before the new judges.
“None of it makes sense unless you were intentionally trying to weaken the immigration courts,” Peyton said.
|
|
|
|
|
|
|
Anthropic to pay authors $1.5 billion to settle lawsuit over pirated books
Court Watch |
2025/09/09 10:34
|
Artificial intelligence company Anthropic has agreed to pay $1.5 billion to settle a class-action lawsuit by book authors who say the company took pirated copies of their works to train its chatbot.
The landmark settlement, if approved by a judge as soon as Monday, could mark a turning point in legal battles between AI companies and the writers, visual artists and other creative professionals who accuse them of copyright infringement.
The company has agreed to pay authors or publishers about $3,000 for each of an estimated 500,000 books covered by the settlement.
“As best as we can tell, it’s the largest copyright recovery ever,” said Justin Nelson, a lawyer for the authors. “It is the first of its kind in the AI era.”
A trio of authors — thriller novelist Andrea Bartz and nonfiction writers Charles Graeber and Kirk Wallace Johnson — sued last year and now represent a broader group of writers and publishers whose books Anthropic downloaded to train its chatbot Claude.
A federal judge dealt the case a mixed ruling in June, finding that training AI chatbots on copyrighted books wasn’t illegal but that Anthropic wrongfully acquired millions of books through pirate websites.
If Anthropic had not settled, experts say losing the case after a scheduled December trial could have cost the San Francisco-based company even more money.
“We were looking at a strong possibility of multiple billions of dollars, enough to potentially cripple or even put Anthropic out of business,” said Thomas Long, a legal analyst for Wolters Kluwer.
U.S. District Judge William Alsup of San Francisco has scheduled a Monday hearing to review the settlement terms.
Anthropic said in a statement Friday that the settlement, if approved, “will resolve the plaintiffs’ remaining legacy claims.”
“We remain committed to developing safe AI systems that help people and organizations extend their capabilities, advance scientific discovery, and solve complex problems,” said Aparna Sridhar, the company’s deputy general counsel.
As part of the settlement, the company has also agreed to destroy the original book files it downloaded.
Books are known to be important sources of data — in essence, billions of words carefully strung together — that are needed to build the AI large language models behind chatbots like Anthropic’s Claude and its chief rival, OpenAI’s ChatGPT.
Alsup’s June ruling found that Anthropic had downloaded more than 7 million digitized books that it “knew had been pirated.” It started with nearly 200,000 from an online library called Books3, assembled by AI researchers outside of OpenAI to match the vast collections on which ChatGPT was trained.
Debut thriller novel “The Lost Night” by Bartz, a lead plaintiff in the case, was among those found in the dataset. Anthropic later took at least 5 million copies from the pirate website Library Genesis, or LibGen, and at least 2 million copies from the Pirate Library Mirror, Alsup wrote.
The Authors Guild told its thousands of members last month that it expected “damages will be minimally $750 per work and could be much higher” if Anthropic was found at trial to have willfully infringed their copyrights. The settlement’s higher award — approximately $3,000 per work — likely reflects a smaller pool of affected books, after taking out duplicates and those without copyright.
On Friday, Mary Rasenberger, CEO of the Authors Guild, called the settlement “an excellent result for authors, publishers, and rightsholders generally, sending a strong message to the AI industry that there are serious consequences when they pirate authors’ works to train their AI, robbing those least able to afford it.”
The Danish Rights Alliance, which successfully fought to take down one of those shadow libraries, said Friday that the settlement would be of little help to European writers and publishers whose works aren’t registered with the U.S. Copyright Office.
“On the one hand, it’s comforting to see that compiling AI training datasets by downloading millions of books from known illegal file-sharing sites comes at a price,” said Thomas Heldrup, the group’s head of content protection and enforcement. |
|
|
|
|
|
|
Washington, Oregon and California governors form a health alliance
Court Watch |
2025/09/03 13:14
|
The Democratic governors of Washington, Oregon and California announced Wednesday that they created an alliance to safeguard health policies, believing the Trump administration is putting Americans’ health and safety at risk by politicizing the U.S. Centers for Disease Control and Prevention.
The move comes with COVID-19 cases rising and as Health Secretary Robert F. Kennedy Jr. has restructured and downsized the CDC and attempted to advance anti-vaccine policies that are contradicted by decades of scientific research. Concerns about staffing and budget cuts were heightened after the White House sought to oust the agency’s director and some top CDC leaders resigned in protest.
“The CDC has become a political tool that increasingly peddles ideology instead of science, ideology that will lead to severe health consequences,” the governors said in a joint statement.
“The dismantling of public health and dismissal of experienced and respected health leaders and advisers, along with the lack of using science, data, and evidence to improve our nation’s health are placing lives at risk,” California State Health Officer Erica Pan said in the news release.
Washington state Health Secretary Dennis Worsham said public health is about prevention — “preventing illness, preventing the spread of disease, and preventing early, avoidable deaths.”
“Vaccines are among the most powerful tools in modern medicine; they have indisputably saved millions of lives,” Oregon Health Director Sejal Hathi said. “But when guidance about their use becomes inconsistent or politicized, it undermines public trust at precisely the moment we need it most.”
Partnership seeks expert medical advice
The partnership plans to coordinate health guidelines by aligning immunization plans based on recommendations from respected national medical organizations, said a joint statement from Gov. Bob Ferguson of Washington, Gov. Tina Kotek of Oregon and Gov. Gavin Newsom of California.
U.S. Department of Health and Human Services spokesman Andrew G. Nixon shot back in a statement Wednesday that “Democrat-run states that pushed unscientific school lockdowns, toddler mask mandates, and draconian vaccine passports during the COVID era completely eroded the American people’s trust in public health agencies.”
He said the administration’s Advisory Committee on Immunization Practices “remains the scientific body guiding immunization recommendations in this country, and HHS will ensure policy is based on rigorous evidence and Gold Standard Science, not the failed politics of the pandemic.”
Florida announced Wednesday that it plans to phase out all childhood vaccine mandates as Republican Gov. Ron DeSantis plans to curb vaccine requirements and other health mandates during the COVID-19 pandemic.
Meanwhile, public health agencies across the country have started taking steps to ensure their states have access to vaccines after U.S. regulators came out with new policies that limited access to COVID-19 shots.
Illinois Gov. JB Pritzker’s health department said last week it is seeking advice from medical experts and its own Immunization Advisory Committee on COVID-19 vaccines and other immunizations for the fall respiratory season.
The health department plans to provide citizens “with specific guidance by the end of September to help Illinois health care providers and residents make informed decisions about vaccination and protecting themselves and their loved ones,” Health Director Sameer Vohra said in a statement. |
|
|
|
|
|
Legal News RSS Feed
