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March 24, 2021 Via First Class and Electronic Mail Jack Dorsey Chief
OFFICE OF THE ATTORNEY GENERAL CONNECTICUT william tong attorney general March 24, 2021 Via First Class and Electronic Mail Jack Dorsey Chief Executive Officer Twitter, Inc. 1355 Market St. San Francisco, CA 94103 Mark Zuckerberg Chairman & Chief Executive Officer Facebook, Inc. 1 Hacker Way Menlo Park, CA 94025 Re: Vaccine Disinformation Dear Messrs. Dorsey and Zuckerberg: As Attorneys General committed to protecting the safety and well-being of the residents of our states, we write to express our concern about the use of your platforms to spread fraudulent information about coronavirus vaccines and to seek your cooperation in curtailing the dissemination of such information. The people and groups spreading falsehoods and misleading Americans about the safety of coronavirus vaccines are threatening the health of our communities, slowing progress in getting our residents protected from the virus, and undermining economic recovery in our states. As safe and effective vaccines become available, the end of this pandemic is in sight. This end, however, depends on the widespread acceptance of these vaccines as safe and effective. Unfortunately, misinformation disseminated via your platforms has increased vaccine hesitancy, which will slow economic recovery and, more importantly, ultimately cause even more unnecessary deaths. A small group of individuals use your platforms to downplay the dangers of COVID-19 and spread misinformation about the safety of vaccines. These individuals lack medical expertise and are often motivated by financial interests. According to a recent report by the Center for Countering Digital Hate1, so-called “anti-vaxxer” accounts on Facebook, YouTube, Instagram, and Twitter reach more than 59 million followers. -
Recalibrating Judicial Renominations in the Trump Administration
Washington and Lee Law Review Online Volume 74 Issue 1 Article 2 5-26-2017 Recalibrating Judicial Renominations in the Trump Administration Carl Tobias University of Richmond School of Law Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr-online Part of the Judges Commons Recommended Citation Carl Tobias, Recalibrating Judicial Renominations in the Trump Administration, 74 WASH. & LEE L. REV. ONLINE 9 (2017), https://scholarlycommons.law.wlu.edu/wlulr-online/vol74/iss1/2 This Development is brought to you for free and open access by the Law School Journals at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review Online by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. Recalibrating Judicial Renominations in the Trump Administration Carl Tobias* Abstract Now that President Donald Trump has commenced the fifth month of his administration, federal courts experience 121 circuit and district court vacancies. These statistics indicate that Mr. Trump has a valuable opportunity to approve more judges than any new President. The protracted open judgeships detrimentally affect people and businesses engaged in federal court litigation, because they restrict the expeditious, inexpensive and equitable disposition of cases. Nevertheless, the White House has been treating crucial issues that mandate careful attention—specifically establishing a government, confirming a Supreme Court Justice, and keeping numerous campaign promises. How, accordingly, can President Trump fulfill these critical duties and his constitutional responsibility to nominate and, with Senate advice and consent, appoint judges? This Article initially canvasses judicial appointments in the administration of President Barack Obama. -
September 2, 2021
September 2, 2021 The Honorable Chuck Schumer The Honorable Mitch McConnell Senate Majority Leader Senate Minority Leader 322 Hart Senate Office Building 317 Russell Senate Office Building United States Senate United States Senate Washington, D.C. 20510 Washington, D.C. 20510 The Honorable Nancy Pelosi The Honorable Kevin McCarthy 1236 Longworth House Office Building 2468 Rayburn House Office Building Washington, DC 20515 Washington, DC 20515 Dear Leader Schumer, Leader McConnell, Speaker Pelosi, and Leader McCarthy, As our jurisdictions’ Attorneys General, we are responsible for protecting the health, safety, and well-being of our residents. Although our jurisdictions vary in size, geography, and political composition, we are united in our commitment to an effective criminal justice system that safeguards the communities of our states. To that end, a bipartisan coalition of Attorneys General supported the passage of the First Step Act of 2018—landmark legislation that brought common sense improvements to myriad aspects of the criminal justice system. Central to these reforms was retroactive relief for individuals sentenced under the discredited 100-to-1 crack-to-powder cocaine ratio that Congress abolished in 2010. Following the Supreme Court’s recent opinion in Terry v. United States, however, the lowest level crack cocaine offenders remain categorically ineligible for resentencing. We write today to urge Congress to amend the First Step Act, and to clarify that its retroactive relief applies to all individuals sentenced under the prior regime. Congress enacted the historic First Step Act of 2018 to modernize the criminal justice system, implementing comprehensive reform in areas such as corrections, criminal charging, community re-entry, and beyond. -
January 12, 2021 the Honorable Jeffrey A. Rosen Acting Attorney
January 12, 2021 The Honorable Jeffrey A. Rosen Acting Attorney General U.S. Department of Justice 950 Pennsylvania Ave., NW Washington, DC 20530 Dear Acting Attorney General Rosen: We, the undersigned state attorneys general, are committed to the protection of public safety, the rule of law, and the U.S. Constitution. We are appalled that on January 6, 2021, rioters invaded the U.S. Capitol, defaced the building, and engaged in a range of criminal conduct—including unlawful entry, theft, destruction of U.S. government property, and assault. Worst of all, the riot resulted in the deaths of individuals, including a U.S. Capitol Police officer, and others were physically injured. Beyond these harms, the rioters’ actions temporarily paused government business of the most sacred sort in our system—certifying the result of a presidential election. We all just witnessed a very dark day in America. The events of January 6 represent a direct, physical challenge to the rule of law and our democratic republic itself. Together, we will continue to do our part to repair the damage done to institutions and build a more perfect union. As Americans, and those charged with enforcing the law, we must come together to condemn lawless violence, making clear that such actions will not be allowed to go unchecked. Thank you for your consideration of and work on this crucial priority. Sincerely Phil Weiser Karl A. Racine Colorado Attorney General District of Columbia Attorney General Lawrence Wasden Douglas Peterson Idaho Attorney General Nebraska Attorney General Steve Marshall Clyde “Ed” Sniffen, Jr. Alabama Attorney General Acting Alaska Attorney General Mark Brnovich Leslie Rutledge Arizona Attorney General Arkansas Attorney General Xavier Becerra William Tong California Attorney General Connecticut Attorney General Kathleen Jennings Ashley Moody Delaware Attorney General Florida Attorney General Christopher M. -
September 26 - 28, 2019 Dollar Mountain Lodge Sun Valley, Idaho Agenda
September 26 - 28, 2019 Dollar Mountain Lodge Sun Valley, Idaho Agenda Thursday, September 26, 2019 5:30 – 7:00 p.m. Welcome Reception Dana Herberholz, Parsons Behle Dinner on your own & Latimer; President, Idaho (reservations recommended) Chapter, FBA Friday, September 27, 2019 8:30 a.m. Breakfast Welcome by Dana Herberholz & Registration and update from Bruce Moyer, Counsel for Government Relations, Federal Bar Association 9:00 a.m. Public Lands Judge Candy Wagahoff Dale As a unanimous Supreme Court held, “multiple use management” of public lands Bill Myers (Moderator) “is a deceptively simple term that describes Judge Kelly H. Rankin the enormously complicated task of striking Judge Richard C. Tallman a balance among the many competing uses to which land can be put.” Norton v. S. Utah Wilderness All., 542 U.S. 55, 58 (2008). That enormously complicated task falls to myriad federal agencies whose decisions are often challenged in court. Consequently, public land law and federal administrative law are inexorably bound together. The Supreme Court issued several administrative law decisions this term which caused quite a stir among the dissenting justices and public land law practitioners. Foremost among those decisions was Kisor v. Wilkie in which the Court addressed the proper judicial deference owed to federal agencies interpreting their own regulations – the so- called “Auer Doctrine.” The panel will discuss the vitality of the doctrine after Kisor, how the lower courts might apply Kisor in public land cases, and the decision’s impacts on related canons of judicial deference under the Chevron and Skidmore doctrines. Relatedly, the panel will discuss the Court’s invitation in Dept of Commerce v. -
June 18, 2021 Honorable Merrick B. Garland Attorney General of The
DANA NESSEL MICHIGAN ATTORNEY GENERAL June 18, 2021 Honorable Merrick B. Garland Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Lisa O. Monaco Deputy Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 Re: Department of Justice’s interpretation of Wire Act, 18 U.S.C. § 1084 Dear Attorney General Garland and Deputy Attorney General Monaco: We, the undersigned State Attorneys General, are seeking clarity and finality from the Department of Justice regarding its interpretation of the Wire Act, 18 U.S.C. § 1084. As you may be aware, 25 State Attorneys General wrote to your predecessors on March 21, 2019 to express our strong objection to the Office of Legal Counsel’s (OLC’s) Opinion “Reconsidering Whether the Wire Act Applies to Non- Sports Gambling,” which reversed the Department’s seven-year-old position that the Wire Act applied only to sports betting. Many States relied on that former position to allow online gaming to proceed. Since that letter, the U.S. Court of Appeals for the First Circuit upheld a challenge to the new OLC Opinion, holding that the Wire Act applies only to sports betting. After the First Circuit decision, it is vital that States get clarity on the Department’s position going forward. States and industry participants need to understand what their rights are under the law without having to file suit in every federal circuit, and finality is needed so the industry may confidently invest in new products and features without fear of criminal prosecution. -
Letters to the U.S. House and U.S. Senate
April 29, 2021 Senator Patrick Leahy Senator Richard Shelby Chair Ranking Member U.S. Senate Committee U.S. Senate Committee on Appropriations on Appropriations 437 Russell Building 304 Russell Building Washington, DC 20510 Washington, DC 20510 Senator Jeanne Shaheen Senator Jerry Moran Chair Ranking Member U.S. Senate Committee on U.S. Senate Committee on Appropriations Appropriations Subcommittee on Subcommittee on Commerce, Justice, Science, Commerce, Justice, Science, & Related Agencies & Related Agencies 506 Hart Building 521 Dirksen Building Washington, DC 20510 Washington, DC 20510 Re: State Attorneys General Support the Legal Services Corporation Dear Chair DeLauro, Ranking Member Granger, Chair Cartwright, and Ranking Member Aderholt, As state attorneys general, we respectfully request that you consider robust funding for the Legal Services Corporation (LSC) in the Fiscal Year 2022 Commerce, Justice, Science, and Related Agencies Appropriations bill. Since 1974, LSC funding has provided vital and diverse legal assistance to low-income Americans including victims of natural disasters, survivors of domestic violence, families facing foreclosure, and veterans accessing earned benefits. Today, LSC also provides essential support for struggling families affected by the COVID-19 pandemic. As the single largest funder of civil legal aid in the United States, LSC-funded programs touch every corner of our country with more than 800 offices and a presence in every congressional district. LSC funding has also fostered public-private partnerships between legal aid organizations and private firms and attorneys across the country which donate their time and skills to assist residents in need. Nationwide, 132 independent nonprofit legal aid programs rely on this federal funding to provide services to nearly two million of our constituents on an annual basis. -
Citizens United's
No. 08-205 ================================================================ In The Supreme Court of the United States --------------------------------- ♦ --------------------------------- CITIZENS UNITED, Appellant, vs. FEDERAL ELECTION COMMISSION, Appellee. --------------------------------- ♦ --------------------------------- On Appeal From The United States District Court For The District Of Columbia --------------------------------- ♦ --------------------------------- BRIEF OF THE STATES OF MONTANA, ARIZONA, CONNECTICUT, FLORIDA, HAWAII, ILLINOIS, IOWA, KANSAS, MARYLAND, MASSACHUSETTS, MICHIGAN, MINNESOTA, MISSISSIPPI, NEW HAMPSHIRE, NEW JERSEY, NEW MEXICO, NORTH CAROLINA, NORTH DAKOTA, OHIO, OKLAHOMA, PENNSYLVANIA, RHODE ISLAND, SOUTH DAKOTA, TENNESSEE, VERMONT, WEST VIRGINIA, AS AMICI CURIAE ADDRESSING JUNE 29, 2009 ORDER FOR SUPPLEMENTAL BRIEFING AND SUPPORTING NEITHER PARTY --------------------------------- ♦ --------------------------------- STEVE BULLOCK TERRY GODDARD Montana Attorney General Arizona Attorney General ANTHONY JOHNSTONE* MARY R. O’GRADY Solicitor Solicitor General MONTANA DEPARTMENT OF JUSTICE ARIZONA ATTORNEY P.O. Box 201401 GENERAL’S OFFICE Helena, MT 59620 1275 W. Washington Telephone: (406) 444-2026 Phoenix, AZ 85007 Telephone: (602) 542-8986 *Counsel of Record [Additional Counsel On Inside Cover] ================================================================ COCKLE LAW BRIEF PRINTING CO. (800) 225-6964 OR CALL COLLECT (402) 342-2831 RICHARD BLUMENTAL MARTHA COAKLEY Attorney General of Attorney General of -
November 13, 2020 Via E-Mail and U.S. Mail the Honorable William
November 13, 2020 Via E-mail and U.S. Mail The Honorable William Barr U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530-0001 [email protected] [email protected] Dear Attorney General Barr: The 2020 election is over, and the people of the United States have decisively chosen a new President. It is in this context that we express our deep concerns about your November 9 memorandum entitled “Post-Voting Election Irregularity Inquiry.” As the chief legal and law enforcement officers of our respective states, we recognize and appreciate the U.S. Department of Justice’s (DOJ) important role in some instances in prosecuting criminal election fraud. Yet we are alarmed by your reversal of long-standing DOJ policy that has served to facilitate that function without allowing it to interfere with election results or create the appearance of political involvement in elections. Your directive to U.S. Attorneys this week threatens to upset that critical balance, with potentially corrosive effects on the electoral processes at the heart of our democracy. State and local officials conduct our elections. Enforcement of the election laws falls primarily to the states and their subdivisions. If there has been fraud in the electoral process, the perpetrators should be brought to justice. We are committed to helping to do so. But, so far, no plausible allegations of widespread misconduct have arisen that would either impact the outcome in any state or warrant a change in DOJ policy. For 40 years, the Department of Justice has followed a policy that recognizes the states’ principal responsibility for overseeing the election process. -
State of New Jersey PHILIP D
State of New Jersey PHILIP D. MURPHY OFFICE OF THE ATTORNEY GENERAL GURBIR S. GREWAL Governor DEPARTMENT OF LAW AND PUBLIC SAFETY Attorney General PO Box 080 TRENTON, NJ 08625-0080 SHEILA Y. OLIVER Lt. Governor March 31, 2020 Via E-mail The Honorable Russell T. Vought Acting Director Office of Management and Budget 725 17th Street NW Washington, DC 20503 E-mail: [email protected]; [email protected] Dear Acting Director Vought: As COVID-19, the disease caused by a novel coronavirus, has spread throughout the United States, the Secretary of Health and Human Services declared a public health emergency on January 31, 2020, and the President declared a national emergency on March 13, 2020. While the federal Government is mobilizing, state and local governments across the country have been wholly dedicated to responding to the emergency and combatting the spread of this deadly virus, and daily life in our communities has been upended by the need to maintain social distancing. In light of these circumstances, we, the undersigned Attorneys General from New Jersey, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Virginia, request that the Office of Management and Budget act now to prioritize regulations that are responsive to the COVID-19 pandemic, including its economic impact, while generally freezing all new and pending regulations other than those that address emergency situations or other urgent circumstances relating to health, safety, financial, or national security matters, or that are required by statutory or judicial deadlines. -
April 19, 2021 Nathan Garnett General Counsel Offerup.Com 1745 114Th Ave SE Bellevue, WA 98004 the Undersigned Attorneys General
April 19, 2021 Nathan Garnett General Counsel OfferUp.com 1745 114th Ave SE Bellevue, WA 98004 The undersigned attorneys general are committed to protecting the safety and well-being of the residents of our states. It has come to our attention that some users on the OfferUp platform are marketing and selling blank or fraudulently completed COVID vaccine cards bearing the logos of both the Centers for Disease Control and Prevention (the CDC) and the Department of Health and Human Services (HHS). An example of such posting is attached to this letter. We are deeply concerned about this use of your platform to spread false and misleading information regarding COVID vaccines. The false and deceptive marketing and sales of fake COVID vaccine cards threatens the health of our communities, slows progress in getting our residents protected from the virus, and are a violation of the laws of many states. Multiple states’ laws provide for injunctive relief, damages, penalties, and other remedies for such conduct. Allowing users of your platform to market and sell fake vaccine cards is a threat to residents of our states. As a result, we demand you take immediate action to prevent your platform from being used as a vehicle to commit these fraudulent and deceptive acts that harm our communities. Such action should include, without limitation: (1) monitoring your platform for ads or links marketing or selling, or otherwise indicating the availability of, blank or fraudulently completed vaccine cards; (2) promptly taking down ads or links identified through that monitoring; and (3) preserving records, such as the content, username, and actual user identity, pertaining to any such ads or links. -
September 2, 2021
September 2, 2021 The Honorable Chuck Schumer The Honorable Mitch McConnell Senate Majority Leader Senate Minority Leader 322 Hart Senate Office Building 317 Russell Senate Office Building United States Senate United States Senate Washington, D.C. 20510 Washington, D.C. 20510 The Honorable Nancy Pelosi The Honorable Kevin McCarthy 1236 Longworth House Office Building 2468 Rayburn House Office Building Washington, DC 20515 Washington, DC 20515 Dear Leader Schumer, Leader McConnell, Speaker Pelosi, and Leader McCarthy, As our jurisdictions’ Attorneys General, we are responsible for protecting the health, safety, and well-being of our residents. Although our jurisdictions vary in size, geography, and political composition, we are united in our commitment to an effective criminal justice system that safeguards the communities of our states. To that end, a bipartisan coalition of Attorneys General supported the passage of the First Step Act of 2018—landmark legislation that brought common sense improvements to myriad aspects of the criminal justice system. Central to these reforms was retroactive relief for individuals sentenced under the discredited 100-to-1 crack-to-powder cocaine ratio that Congress abolished in 2010. Following the Supreme Court’s recent opinion in Terry v. United States, however, the lowest level crack cocaine offenders remain categorically ineligible for resentencing. We write today to urge Congress to amend the First Step Act, and to clarify that its retroactive relief applies to all individuals sentenced under the prior regime. Congress enacted the historic First Step Act of 2018 to modernize the criminal justice system, implementing comprehensive reform in areas such as corrections, criminal charging, community re-entry, and beyond.