Judge’s strike-down of binary trigger ban spotlights Minnesota’s habit of ‘monstrous’ omnibus bills

posted in: All news | 0

Ramsey County Judge Leonardo Castro struck down Minnesota’s binary trigger ban Monday, citing a violation of the state’s “single subject” clause — and sparking conversation over the Minnesota Legislature’s use of “omnibus bills.”

Omnibus bills are single pieces of legislation that bundle several smaller pieces of legislation into one large bill. While the Minnesota Constitution states that bills must stay within the bounds of a “single subject,” topics outside the omnibus bill’s intended subject sometimes creep in.

In the case of the 2024 bill, Castro ruled against one provision banning binary triggers — a device added to a firearm that allows it to fire once when the trigger is pulled and again when it’s released — which had been added to “a bill for an act relating to taxation.”

The trigger ban wasn’t the only non-tax-related subject that made its way into the 1,400-page bill — constructed in the last hours of the 2024 session — others include lane splitting and filtering for motorcyclists, as well as a requirement for health plans to cover abortions and related services.

“This Court will go no further than severing the Binary Trigger Amendment from the 2024 Omnibus Bill. But make no mistake, during the late hours of May 19, 2024, lawmaking did not ‘occur within the framework of the constitution,’ ” Castro wrote in his ruling Monday.

“This Court respectfully suggests that if there has ever been a bill without a common theme and where ‘all bounds of reason and restraint seem to have been abandoned,’ this is it; and if there has ever been time for the ‘draconian result of invalidating the entire law,’ that time is now,” he wrote.

Senate Minority Leader Mark Johnson, R-East Grand Forks, said the court’s ruling affirms Minnesota’s single-subject rule, and that the rule is in place to “stop what Democrats did” in 2024.

“This decision is a reminder that the legislative process exists to put Minnesotans first, not to sidestep them,” Johnson said. “I applaud the court for reaffirming that the people’s business must be done in the light of day, not buried in last-minute sham hearings for mega-bills. Today’s district court ruling is a validation that the consequences for a total abuse of power are just beginning.”

Minnesota has long used omnibus bills, and they are not just created by Democrats. In 2018, Democratic Gov. Mark Dayton vetoed an omnibus bill Republicans sent to him that was roughly 1,000 pages long, citing the sheer size, among other reasons.

In the late 1800s and early 1900s, parties regularly challenged Minnesota’s laws based on alleged violations of the Constitution’s single-subject clause, and courts struck down several of the challenged laws, according to House Research, a nonpartisan research department for the Minnesota House of Representatives.

“By the 1930s there were fewer challenges that cited the clause, and by the 1970s courts made it clear that they would give great deference to the Legislature,” House Research wrote in a 2020 report.

In recent years, there have been few successful challenges. In 2000, the Supreme Court found a section of a large omnibus bill unconstitutional, and in 2005, the Court of Appeals found the Personal Protection Act unconstitutional for similar reasons, according to House Research.

Including Minnesota, 43 states have a single-subject rule for their state legislatures, but not all of them take it seriously or have courts that strictly enforce it. Castro’s ruling Monday was a rarity in 21st-century Minnesota.

Lawmakers, state officials react

Other lawmakers echoed Johnson’s sentiments on Monday.

Speaker of the House Lisa Demuth, R-Cold Spring, said the bill should be invalidated in its entirety, as Castro “respectfully” suggested in his ruling.

“This ruling is exactly what House Republicans warned about when the monstrous 1,400-page bill was passed without any meaningful feedback or even opportunity to access the bill: the process was flawed, and the bill should be invalidated,” Demuth said.

Rep. Paul Novotny, R–Elk River, said the 2024 end-of-session “mega-bill” that was “rushed” through both chambers late at night was “logrolling.”

“The court confirmed today what many of us warned about from the start: this was a bad policy, shoved into a bad bill, using a bad process,” he said. “Minnesotans deserve a Legislature that plays by the rules, respects the Constitution and conducts business in the open.”

Democratic leaders Jamie Long, DFL-Minneapolis, and Senate Majority Leader Erin Murphy, DFL-St. Paul, both said they were disappointed in the ruling regarding binary triggers, but did not comment on the judge’s warning against the use of the single-subject rule.

Attorney General Keith Ellison said at an unrelated press conference Tuesday that he couldn’t confirm whether his office will appeal the ruling, but that he will make an announcement soon.

For now, enforcement of the binary trigger ban — which went into effect Jan. 1 — is permanently prohibited.

How to protect yourself from Vibrio vulnificus, the bacteria found in some coastal waters

posted in: All news | 0

By MIKE STOBBE

NEW YORK (AP) — States are warning beachgoers about a summertime surge in infections from a frightening, flesh-eating bacteria found in coastal waters.

Vibrio vulnificus are becoming an annual threat along the Gulf Coast and — increasingly — up the Eastern Seaboard.

People should listen to the warnings, said Bernie Stewart, a 65-year-old retired bounty hunter in Florida who counts himself lucky to have survived an infection.

This photo provided by Karrianne Stewart shows her husband, Bernie Stewart, in a coma at a hospital in Pensacola, Fla., shortly after the start of an August 2019 Vibrio infection. (Karrianne Stewart via AP)

In August 2019, Stewart’s right leg was infected while he was kayak fishing in Pensacola Bay. What at first appeared to be a sun blister led to three months in the hospital, where doctors performed 10 surgeries to remove decaying skin and prevent the bacteria from killing him.

“This ain’t nothing to play with,” Stewart said.

Vibrio bacteria thrive in seawater and in the mix of fresh and saltwater found in estuaries and lagoons. Most infections are reported from May to October, and most happen in states along the Gulf Coast.

The Gulf’s water is “the perfect convergence of the right amount of salt and the right amount of heat to let this organism proliferate,” said Dr. Fred Lopez, an infectious diseases specialist at the LSU Health Sciences Center in New Orleans.

At least a dozen kinds of Vibrio can cause human illnesses

The nastiest type is Vibrio vulnificus. It accounts for around 200 of the more than 1,000 Vibrio illnesses each year, according to CDC data.

Related Articles


Experts say rural emergency rooms are increasingly run without doctors


US pediatricians’ new COVID-19 shot recommendations differ from CDC advice


Even in states that fought Obamacare, Trump’s new law poses health consequences


Texas declares measles outbreak over


FDA’s new expert panels are rife with financial conflicts and fringe views

As many as 1 in 5 of those infections are fatal — a much higher rate than other types of Vibrio bacteria.

Some people become infected by eating eat raw or undercooked shellfish — particularly oysters. But a large percentage fall ill when the person is in ocean or brackish water and the bacteria enter the body through small breaks in the skin.

The antibiotics used to treat food poisoning cases don’t work as well when the germ enters through breaks in the skin, Lopez said.

“They may require multiple surgeries to remove dead or infected tissue, and sometimes require amputation,” he said.

Doctors say severe cases are seen more often in elderly patients, people with weakened immune systems, and those with liver disease, diabetes and certain chronic illnesses.

Cases are up in some places, but not all

Louisiana has seen an alarming jump in cases this summer, but other states are not. More cases are expected, as this is peak season for Vibrio vulnificus infections.

“It is really easy to sound unnecessary alarms because cases have increased, or feel too complacent because cases are low,” when data is incomplete, said Salvador Almagro-Moreno, a St. Jude Children’s Research Hospital who has studied the germ.

Infections have been reported as far north as New England — Massachusetts recently issued an alert after someone reportedly was infected on Cape Cod.

This electron microscope image provided by the Centers for Disease Control and Prevention shows Vibrio vulnificus bacteria in 2005. (Janice Haney Carr/CDC via AP)

Scientists say climate change is helping the germs proliferate and spread northward. A 2023 study found that the northernmost case has been shifting by about 30 miles each year, and that cases overall have been rising.

As of late last week, 20 cases of Vibrio vulnificus had been reported among Louisiana residents this year. All were hospitalized and four died, the state’s health department said. That’s more than twice the average number of cases for this point in the season, and four times the death toll, state officials said.

Cases are not unusually higher in other Gulf States, however.

Florida, which tends to have more infections than other states, has reported 17 Vibrio vulnificus cases and five deaths this year, compared with 82 cases and 19 deaths at the same point last year.

State officials say they typically see more cases in years when Florida is hit by tropical storms, and hurricane season is only just beginning, Lopez noted.

How to prevent infections

Vibrio vulnificus can enter the body through unhealed cuts and scrapes, recent piercings and tattoos, and recent surgical incisions. If you have such a wound, try to stay out of saltwater or brackish water, and cover it with a waterproof bandage if there’s a chance of exposure.

If you do come in contact with coastal waters or raw seafood, immediately wash cuts and scrapes thoroughly with soap and clean running water, the CDC advises.

And see a doctor if you start to develop symptoms such as fever, chills, and hot red areas on the skin that start to turn dark and blister.

You can also become infected by eating seafood. Health officials say not to eat raw or undercooked oysters or other seafood, and do not let raw seafood, its drippings, or its juices contaminate other foods.

Oysters are a particular risk, and there is no way to tell if an oyster is contaminated just by looking at it.

Wash hands with soap and water after handing raw shellfish, and wear protective gloves if you have a weakened immune system and are at a higher risk of infection.

Health officials also offer cooking instructions for clams, mussels and other shellfish. They recommend throwing away any with open shells before cooking.

In Pensacola, Stewart said he’s advocated — unsuccessfully — for local officials to post signs about the dangers of going into the bay.

“Not everyone’s immune system is going to be strong,” he said.

The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Department of Science Education and the Robert Wood Johnson Foundation. The AP is solely responsible for all content.

US sanctions more ICC judges, prosecutors for probes into alleged American, Israeli war crimes

posted in: All news | 0

By MATTHEW LEE, AP Diplomatic Writer

WASHINGTON (AP) — The Trump administration is ramping up pressure on the International Criminal Court for pursuing investigations into U.S. and Israeli officials for alleged war crimes.

Related Articles


Many towns are unprepared to handle train derailments and hazmat spills


Texas school districts can’t put the Ten Commandments in every classroom, judge says


Summer celebrations meet closed beaches and warnings on US East Coast due to Hurricane Erin


National Guard vehicle collides with civilian car near US Capitol, trapping one person


Wall Street falls as Nvidia, Palantir and other AI stars keep sinking

The State Department on Wednesday announced new sanctions on four ICC officials, including two judges and two prosecutors, who it said had been instrumental in efforts to prosecute Americans and Israelis. As a result of the sanctions, any assets the targets hold in U.S. jurisdictions are frozen.

The sanctions are just the latest in a series of steps the administration has taken against The Hague-based court, the world’s first international war crimes tribunal. The U.S. has already imposed penalties on the ICC’s former chief prosecutor, Karim Khan, who stepped aside in May pending an investigation into alleged sexual misconduct, and four other tribunal judges.

In a statement, Secretary of State Marco Rubio said he had taken action against ICC judges Kimberly Proust of Canada and Nicolas Guillou of France and prosecutors Nazhat Shameem Khan of Fiji and Mame Mandiaye Niang of Senegal.

“These individuals are foreign persons who directly engaged in efforts by the International Criminal Court to investigate, arrest, detain, or prosecute nationals of the United States or Israel, without the consent of either nation,” Rubio said. He added that the administration would continue “to take whatever actions we deem necessary to protect our troops, our sovereignty, and our allies from the ICC’s illegitimate and baseless actions.”

In a separate statement, the State Department said Prost was hit for ruling to authorize an ICC investigation into U.S. personnel in Afghanistan, which was later dropped. Guillou was sanctioned for ruling to authorize the ICC’s issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Minister of Defense Yoav Gallant related to Israel’s war against Hamas in Gaza. Hamas has been designated as a terrorist organization by the United States, Canada and the European Union.

Khan and Niang were penalized for continuing Karim Khan’s investigation into Israel’s actions in Gaza, including upholding the ICC’s arrest warrants for Netanyahu and Gallant, according to the statement.

Wednesday’s move carries on a history of Trump administration actions against the ICC, of which the U.S. is not a member, dating back to his first term in office.

During Trump’s first term, the U.S. hit the ICC with sanctions, but those were rescinded by President Joe Biden’s administration in early 2021.

Texas school districts can’t put the Ten Commandments in every classroom, judge says

posted in: All news | 0

By ANDREW DeMILLO, Associated Press

Texas cannot require public schools in Houston, Austin and other select districts to display the Ten Commandments in every classroom, a judge said Wednesday in a temporary ruling against the state’s new requirement.

Related Articles


National Guard vehicle collides with civilian car near US Capitol, trapping one person


Wall Street tumbles as Nvidia, Palantir and other AI stars keep falling sharply


Ranger fired for hanging transgender flag in Yosemite and park visitors may face prosecution


As hurricane season collides with immigration agenda, fears increase for those without legal status


Today in History: August 20, first women invited to join Augusta National golf club

Texas is the third state to have a Ten Commandments law blocked by a court.

A group of families from the districts sought a preliminary injunction against the law, which goes into effect on Sept. 1. They say the requirement violates the First Amendment’s protections for the separation of church and state and the right to free religious exercise.

Texas is the largest state to attempt such a requirement, and U.S. District Judge Fred Biery’s ruling from San Antonio is the latest in a widening legal fight that’s expected to eventually go before the U.S. Supreme Court.

“Even though the Ten Commandments would not be affirmatively taught, the captive audience of students likely would have questions, which teachers would feel compelled to answer. That is what they do,” Biery wrote in the 55-page ruling that began with quoting the First Amendment and ended with “Amen.”

The ruling prohibits the 11 districts and their affiliates from posting the displays required under the state law. The law is being challenged by a group of Christian, Jewish, Hindu, Unitarian Universalist, and nonreligious families, including clergy, who have children in the public schools.

The families were represented by the American Civil Liberties Union, Americans United for the Separation of Church and State and the Freedom from Religion Foundation.

“Today’s ruling is a major win that protects the constitutional right to religious freedom for Texas families of all backgrounds,” Tommy Buser-Clancy, senior staff attorney at the ACLU of Texas, said in a statement. “The court affirmed what we have long said: Public schools are for educating, not evangelizing.”

A broader lawsuit that names three Dallas-area districts as well as the state education agency and commissioner is pending in federal court.

A federal appeals court has blocked a similar law in Louisiana, and a judge in Arkansas told four districts they cannot put up the posters, although other districts in the state said they’re not putting them up either.

Although Friday’s ruling marked a major win for civil liberties groups who say the law violates the separation of church and state, the legal battle is likely far from over.

Religious groups and conservatives say the Ten Commandments are part of the foundation of the United States’ judicial and educational systems and should be displayed. Texas has a Ten Commandments monument on the Capitol grounds and won a 2005 Supreme Court case that upheld the monument.

In Louisiana — the first state that mandated the Ten Commandments be displayed in classrooms — a panel of three appellate judges in June ruled that the law was unconstitutional.