Federal court rejects GOP-led Utah Legislature’s latest try to block House map that helps Democrats

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By DAVID A. LIEB, Associated Press

New Utah voting districts that give Democrats an improved shot at winning a U.S. House seat can be used in this year’s election, a federal court ruled Monday while turning aside a Republican request to block the new map.

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The ruling marked the second setback in recent days for Republicans, who also lost an appeal at Utah’s state Supreme Court.

A Utah judge imposed the new districts last November after striking down the congressional districts that the Republican-led Legislature had adopted after the 2020 census. The judge ruled that the Legislature had circumvented anti-gerrymandering standards passed by voters.

The ruling thrust Utah into a national redistricting battle being waged among states ahead of the midterm elections. President Donald Trump has pressed Republican-led states such as Texas, Missouri and North Carolina to redraw their districts to give the GOP an advantage in the November elections, prompting Democratic-led states such as California and Virginia to respond with their own redistricting plans.

Republicans currently hold all four of Utah’s U.S. House seats. The new map imposed last fall by Judge Dianna Gibson keeps Salt Lake County almost entirely within one district, instead of dividing the heavily Democratic population center among all four districts, as was previously the case. It was submitted by the lawsuit’s plaintiffs, the League of Women Voters of Utah and Mormon Women for Ethical Government.

Republicans have argued the judge did not have legal authority to enact a map that wasn’t approved by the Legislature.

But a panel of three district court judges denied the Republicans’ request for a preliminary injunction against using the new map in this year’s election. The federal court said Republicans weren’t likely to prevail in their argument, and said it was too late for judges to intervene in the election.

The filing period for Utah’s congressional candidates opens March 9, party caucus are scheduled for March 17, and state party conventions are to be held April 25. Some candidates already are campaigning, the court noted.

“An active primary is ongoing, and the election has drawn too close for the court to get involved,” the court wrote while adding: “The possibility of voter confusion is a considerable risk were the panel to enjoin the current election map.”

Maui’s famed banyan tree still ‘in the ICU’

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By ERIN NOLAN/Honolulu Civil Beat

Lahaina’s iconic Indian banyan tree has been off limits to visitors since the August 2023 wildfire tore through the historic community, but some Maui County officials are hopeful that they might soon be able to restore public access.

Arborists from all over Maui — as well as a few from Oʻahu — will be organizing an extensive assessment of the tree’s health, the results of which will help determine when Lahaina Banyan Court Park might reopen, said Duane Sparkman, the chair of the Maui County Arborist Committee and the co-founder of the nonprofit Treecovery Hawaiʻi.

While many people hailed the famous tree’s survival as a symbol of hope and resilience, that initial optimism did not reflect the burn damage festering beneath the tree’s scorched bark, Sparkman said. Arborists discovered fungus inside a branch that snapped earlier this month and want to be sure the tree is not sicker than it appears.

“We really don’t know what’s under the skin,” he said. “It’s still trying to survive the fire, and it’s still trying to heal.”

The assessment is expected to be extensive and fairly invasive, Sparkman said. Arborists will tug on and throw ropes with weighted attachments over individual branches to see how much tension they can withstand, he said, and they will drive stainless steel spikes into the tree’s flesh to make sure it still produces sap and that there is a functioning cambium, a layer of tissue inside trees that is essential for growth and regeneration.

If the tree is healthy enough, Sparkman said Lahaina Banyan Court Park could reopen before the end of the year, but he did not want to make any predictions about what the arborists will find.

“We have to watch how any damage has healed over and what areas are safe,” he said, explaining that unhealthy branches could be at risk of falling on people and causing injuries. “Then we have to actually remove what’s not safe.”

Before arborists and officials determine when to reopen the park, they will also discuss whether to implement precautions to protect the tree and educate the public on how to behave so they do not further threaten it, Maui County Arborist Timothy Griffith Jr. said.

A fence currently prevents passersby headed to the recently reopened Lahaina Small Boat Harbor from getting too close to the famous tree, with signs warning against trespassing.

FILE – The 150-year-old banyan tree, damaged by 2023 wildfires, is seen with new growth in Lahaina, Hawaii, on Saturday, July 6, 2024. (AP Photo/Lindsey Wasson, File)

‘It’s In The ICU’

Lahaina Banyan Court Park is surrounded by reminders of the fire — the charred shell of the Old Lahaina Courthouse, melted lamp posts, vacant lots where restaurants and shops once stood — but the tree itself and the wooden benches around its trunk appear remarkably normal.

The fast-moving blaze skipped right over the park, Griffith said. Still, a large section of the famous tree was “superheated” near the intersection of Front and Hotel Streets, he said.

“The heat just dried out everything inside, almost like putting it in a kiln,” he said.

The upcoming assessment, which was authorized last week by the Maui County Arborist Committee but has not been scheduled, will help experts better understand how deep the damage runs, he said.

In the months after the fire, arborists went through the tree’s many trunks and branches and removed everything that had been dessicated by the fire, Sparkman said. Griffith said about 40% of the tree was removed in the year after the fire.

Treecovery — which cares for trees that survived the 2023 Lahaina and Kula wildfires and grows new trees to replace those that were destroyed — has worked alongside county officials and other volunteer arborists to water the banyan tree, inject hundreds of gallons of compost tea into nearby soil and prune dead or unhelpful roots and branches. So far, 22 trunks have already been removed, Sparkman said.

In some areas, aerial roots had begun to grow between the bark and the core — or heartwood — and allowed tiny beetles called twig borers to infest the tree, he said.

The tree has been treated for the bugs and no longer has any sign of beetles, but it is still very vulnerable, Sparkman said. During the islandwide rainstorm earlier this month, an 18-inch-diameter branch fell and revealed that there was fungus growing inside the tree.

“It’s a natural reaction for fungus to show up when it’s time for trees to break down, and in some cases, fungus spores can be on the bore beetles and the bugs that are in the tree itself,” Sparkman said. “We have concerns that it could be in other places in the tree, so that’s where the assessment has to come in.”

If fungus spreads enough, “it’s kind of over for a tree,” he added, and there is a much higher risk of branches falling on people and causing injuries.

The fire put a lot of stress on the banyan tree, Sparkman and Griffith said, so arborists are working hard to give it everything it needs to bounce back.

“It’s in the ICU. It’s like it’s been in a car crash and it’s injured, but it’s on its way to recovery,” Griffith said. “It’s still in recovery, so we’ll keep an eye on it. When it needs some TLC, we’ll be there.”

An Important Gathering Place

William Owen Smith planted a banyan tree sapling in the heart of Lahainatown in 1873. A century and a half later, it stood roughly 60 feet tall, had dozens of trunks and boasted an impressive network of limbs that stretched over two-thirds of an acre.

The shade created by the tree’s sprawling canopy made Lahaina Banyan Court Park a natural gathering place for generations of locals and tourists alike, said Theo Morrison, the Executive Director of the Lahaina Restoration Foundation.

“Shade is really, really important in Lahaina, and the tree gave that to people in a central location,” she said.

CORRECTS YEAR TO 2026, NOT 2025 -Lahaina, Hawaii’s historic Banyan tree is seen on Wednesday, Feb. 18, 2026. (Erin Nolan/Honolulu Civil Beat via AP)

For years, the community kicked off the holiday season with the lighting of the banyan tree, and the park was the site of annual events like the International Festival of Canoes and Kamehameha Day celebrations.

Though the banyan tree is one of Lahaina’s most recognizable landmarks, many people also see it as a representation of the ways colonialism shaped the community and erased Native Hawaiian history. Smith, who planted the tree, came from a family of missionaries and played a role in the overthrow of the Hawaiian Kingdom.

The Lahaina Restoration Foundation, which for decades cared for the surrounding park using grant funding from the county, cares about the tree’s survival, but it does not celebrate its controversial history, Morrison said.

“It’s a beautiful tree, and it produces all that shade. That’s the value to the community,” she said.

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The shadow cast by the banyan tree has become even more valuable since the fire, Morrison added. Lahaina once had about 25,000 trees — monkeypod, ʻulu, plumeria, kukui nut and more — lining the streets, but only about 1,000 to 4,000 survived the fire.

When Lahaina Banyan Court Park finally reopens, the tree will undoubtedly look different because so much had to be removed, Griffith said. Arborists hope that they can one day restore it to something close to its pre-fire shape by strategically pruning and planting propagated cuttings from the tree.

“It’s something that you have to plan in terms of decades, not just years,” he said. “You’ve got to let the tree do its own thing.”

Civil Beat’s coverage of environmental issues on Hawaiʻi island is supported in part by a grant from the Dorrance Family Foundation.

This story was originally published by Honolulu Civil Beat and distributed through a partnership with The Associated Press.

 

A horse’s neigh may be unique in the animal kingdom. Now scientists know how they do it

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By ADITHI RAMAKRISHNAN, AP Science Writer

NEW YORK (AP) — Horses whinny to find new friends, greet old ones and celebrate happy moments like feeding time.

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How exactly horses produce that distinctive sound — also called a neigh — has long eluded scientists.

The whinny is an unusual combination of both high and low pitched sounds, like a cross between a grunt and a squeal — that come out at the same time.

The low-pitched part wasn’t much of a mystery. It comes from air passing over bands of tissue in the voice box that make noise when they vibrate. It’s a technique similar to how humans speak and sing.

But the high-pitched piece is more puzzling. With some exceptions, larger animals have larger vocal systems and typically make lower sounds. So how do horses do it?

According to a new study, they whistle.

Researchers slid a small camera through horses’ noses to film what happened inside while they whinnied and made another common horse sound, the softer, subtler nicker. They also conducted detailed scans and blew air through the isolated voice boxes of dead horses.

The whinny’s mysterious high-pitched tones, they discovered, are a kind of whistling that starts in the horse’s voice box. Air vibrates the tissues in the voice box while an area just above contracts, leaving a small opening for the whistle to escape.

That’s different from human whistling, which we do with our mouths.

“I’d never imagined that there was a whistling component. It’s really interesting, and I can hear that now,” said Jenifer Nadeau, who studies horses at the University of Connecticut. Nadeau was not involved with the study, which was published Monday in the journal Current Biology.

A few small rodents like rats and mice whistle like this, but horses are the first known large mammal to have a knack for it. They’re also the only animals known to be able to whistle through their voice boxes while they sing.

“Knowing that a ‘whinny’ is not just a ‘whinny’ but that it is actually composed of two different fundamental frequencies that are created by two different mechanisms is exciting,” said Alisa Herbst with Rutgers University’s Equine Science Center, of the study in an email.

A big lingering question is how horses’ two-toned calls came to be. Wild Przewalski’s horses can do something similar, as can elks. But more distant horse relatives like donkeys and zebras can’t make the high-pitched sounds.

The two-toned whinnies could help horses convey multiple messages at the same time. The differently pitched neighs may help them express a more complex range of feelings when socializing, said study author Elodie Mandel-Briefer with the University of Copenhagen.

“They can express emotions in these two dimensions,” Mandel-Briefer said.

Associated Press video journalist James Brooks contributed to this report.

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.

Women’s basketball: Gophers jump to No. 22 in AP Top 25 poll

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After splitting a pair of home games against ranked Big Ten opponents last week, the Minnesota’s women’s basketball team jumped a spot in the Associated Press poll, to No. 22.

It’s the second appearance in the top 25 this season for the Gophers, who beat then-No. 10 Ohio State last Wednesday at Williams Arena before falling to then-No. 18 Michigan State on Sunday.

The Big Ten has seven teams ranked in this week’s poll. The others are No. 2 UCLA, No. 8 Michigan, No. 9 Iowa, No. 13 Ohio State, No. 14 Maryland and No. 15 Michigan State.

Washington and Illinois received votes. The Gophers end their regular season at Illinois on Sunday.

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