Republicans pick Tom Emmer as their nominee for House speaker as they try for a third time

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By Lisa Mascaro, Stephen Groves, Farnoush Amiri and Kevin Freking, Associated Press 

WASHINGTON (AP) — Republicans picked Rep. Tom Emmer as their nominee for House speaker on Tuesday, as they try for a third time to fill the top leadership position and get Congress back to work.

Emmer, the GOP Whip and senior-most candidate, jumped out front in private balloting as the top vote-getter among the hodge-podge list of mostly lesser-known congressmen for speaker, a powerful position second in line to the presidency.

But it’s no sure path to the gavel. Emmer, of Minnesota, won a simple majority of his colleagues behind closed doors, but he will need the support of most all Republicans during a House floor vote ahead.

U.S. House Majority Whip Tom Emmer (R-MN) (R) and Rep. Guy Reschenthaler (R-PA) arrive to a House Republican candidates forum where congressmen who are running for Speaker of the House will present their platforms in the Longworth House Office Building on Capitol Hill on October 24, 2023 in Washington, DC. (Photo by Win McNamee/Getty Images)

It’s three weeks since Republicans ousted Kevin McCarthy. The House speaker will need to accomplish the seemingly impossible job of uniting the GOP majority.

“We’re going to have to figure out how to get our act together — I mean, big boys and big girls have got to quit making excuses and we just got to get it done,” said Rep. Dusty Johnson, R-S.D., a conservative caucus leader.

The candidate list, though quickly slimming, was long and jumbled with no obvious choice for the job. Emmer, a lawyer, is known as a gruff hockey coach who reached out to Donald Trump for backing and was gaining on the first four ballots.

Coming in a steady second was constitutional law expert Rep. Mike Johnson of Louisiana, who directly battled Emmer in the fifth-round private ballot.

Others, including Rep. Byron Donalds, a top Trump ally, were dropping out. McDonald’s franchise owner Rep. Kevin Hern of Oklahoma, a conservative leader, plied his colleagues with hamburgers seeking their support but also dropped out Tuesday.

Also withdrawing from the race were Reps. Austin Scott of Georgia, Jack Bergman of Michigan, Pete Sessions of Texas, Gary Palmer of Alabama and Dan Meuser of Pennsylvania.

The House has been in turmoil, without a speaker since the start of the month after a contingent of hard-line Republicans ousted McCarthy, creating what’s now a governing crisis that’s preventing the normal operations of Congress.

The federal government risks a shutdown in a matter of weeks if Congress fails to pass funding legislation by a Nov. 17 deadline to keep services and offices running. More immediately, President Joe Biden has asked Congress to provide $105 billion in aid — to help Israel and Ukraine amid their wars and to shore up the U.S. border with Mexico. Federal aviation and farming programs face expiration without action.

Those running for speaker were mostly conservatives and election deniers, who either voted against certifying the 2020 presidential election results, when Biden defeated Trump, in the runup to the Jan. 6, 2021, attack on the Capitol, or joined a subsequent lawsuit challenging the results.

Some Democrats have eyed Emmer, the third-ranking House GOP leader, who had voted to certify the 2020 election results as a potential partner in governing the House.

But Trump allies and other hard-liners have been critical of Emmer over his support of a same-sex marriage initiative and perceived criticisms of the former president. Among the far-right groups pressuring lawmakers over the speaker’s vote, some are now attacking Emmer.

Trump downplayed, even derided, Emmer, with whom he has had a rocky relationship, while presenting himself Monday as a kingmaker who talks to “a lot of congressmen” seeking his stamp of approval.

Rep. Matt Gaetz of Florida, the hard-right leader who engineered McCarthy’s ouster, has said several of those who were running — Hern, Donalds or Johnson would make a “phenomenal” choice for speaker.

What Gaetz and other hard-liners are resisting is a leader who joined in voting for the budget deal that McCarthy struck with Biden earlier this year, which set federal spending levels that the far-right Republicans don’t agree with and now want to undo. They are pursuing steeper cuts to federal programs and services with next month’s funding deadline.

Rep. Marjorie Taylor Greene said she wanted assurances the candidates would pursue impeachment inquiries into Biden and other top Cabinet officials.

During the congressinal turmoil, the House is now led by a nominal interim speaker pro tempore, Rep. Patrick McHenry, R-N.C., the bow tie-wearing chairman of the Financial Services Committee whose main job is to elect a more permanent speaker.

Some Republicans — and Democrats — would like to simply give McHenry more power to get on with the routine business of governing. But McHenry, the first person to be in the position that was created in the aftermath of the Sept. 11, 2001, terror attacks as an emergency measure, has declined to back those overtures.

Associated Press writers Jill Colvin and Holly Ramer in Concord, New Hampshire, contributed to this report.

Education commissioner names ‘attendance priority schools’ to address ‘staggering’ chronic absenteeism

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Commissioner of Education Jeffrey Riley announced Tuesday he will not name the typical “chronically underperforming schools” this year, shifting focus instead to “attendance priority schools” to address a persistent, chronic absenteeism crisis.

“While (underperforming) designations have served us well in the past, in reviewing the data this year, it’s clear that we need a different approach, one based on collaboration and working together as opposed to merely labeling schools,” Riley said at a Board of Elementary and Secondary Education meeting Tuesday morning. “One that is focused laser focus on school attendance.”

Though the attendance has begun to recover from the pandemic peak — from 28% absenteeism statewide to 22% this year — the schools across the state are still at “unprecedented” levels of absenteeism. From 2019 to 2023, according to DESE data, chronic absenteeism has grown 72%.

Chronic absenteeism is defined as missing at least 10% of days in a school year for any reason. It is connected to risks of lower literacy, academic achievement and graduation — several pediatricians also testified Tuesday to the pressing health risks of the issue.

Roughly over 1,300 schools, or three-quarters of Massachusetts schools, will fall into the new “attendance priority schools” designation, Riley said.

The former “underperforming” or “chronically underperforming schools” designations directed millions in state funds to schools in need of additional resources. The lack of that support and implementation of a new funding mechanism was a point of concern for board members.

Riley noted the $4 million in funding will go to help the districts better track chronic absenteeism, working with parents to address the issue, “acceleration” or “recovery academies” that have typically helped students catch up over vacation times, and other resources.

“When you go to say, I’m going to use this money for these different things — what voices from the community will you incorporate?” asked Board Chair Katherine Craven, questioning the specifics of the plan. … “How does this information become actionable? And actionable on the department’s part, because implementation is the key for everything in life, right?”

The commissioner called the prioritization “the most important thing we can do as an educational community if we want to improve outcomes for children” and noted the need to innovate solutions. Members said the issue will be discussed further at upcoming meetings.

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Riley said despite the persistent issue, Massachusetts has had the fastest rate of attendance recovery among 11 states with 2022-23 chronic absenteeism data.

Absenteeism rates varied among districts in the 2022-23 year, from a few charter school districts with outlier attendance rates as low as 42.5% to rates as high 98.4%. In the latest school year, Boston had an 88.7% attendance rate, the 18th lowest in the state and fourth lowest among non-charter, in-person public school districts.

“Remember, this level of absenteeism is something we’ve never seen before,” Riley said. “We’ve always had chronic absenteeism, but the numbers are staggering across the country.”

Patriots coaches confirm injured All-Pro out for the season

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Patriots cornerback/returner Marcus Jones will miss the rest of the season with a shoulder injury, multiple assistant coaches confirmed Tuesday.

“It’s unfortunate,” cornerbacks coach Mike Pellegrino said, as transcribed by NESN.com. “We’d love to have him this year, but (it’s a) different plan, different path for him this year. He’ll grow from it. The experience isn’t a good one, but he’s a mentally tough guy. He’ll push through it, he’ll come back stronger.”

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Patriots wide receivers/returners coach Troy Brown also said Jones will miss the rest of the year. The 25-year-old hurt his shoulder against the Dolphins in Week 2, reportedly suffering a torn labrum.

As a rookie last season, Jones earned All-Pro honors as a punt returner. He saw increasing snaps on defense late in the year, but made his mark on special teams. Jones scored a game-winning touchdown with five seconds left in the Patriots’ 10-3 win over the Jets last November.

Defensively, he tallied 39 tackles, seven pass breakups, two interceptions and a fumble recovery. The Pats also used him as a receiver on 18 offensive snaps, including a 48-yard touchdown he scored during a home loss against Buffalo. Jones became the first player in the Super Bowl era to score on a reception, interception and return in the same season.

This year, Jones finished with five tackles and a fumble recovery. He also returned three punts, with his longest return covering 21 yards against the Eagles in the season opener.

In his place, the Patriots have used rookie receiver Demario Douglas, who ripped off a 25-yard return last Sunday, and veteran defensive backs Myles Bryant and Jabrill Peppers. Bryant has also helped offset Jones’ absence on defense, where he was expected to play nickelback. At corner, the Pats also lost first-round rookie Christian Gonzalez and played most of their first seven games without Jonathan Jones or Jack Jones.

Over 40 states sue Meta for addictive features harming kids

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More than 30 states filed a federal lawsuit against Meta, the owner of Facebook and Instagram, alleging the platforms’ apps are designed to be addictive and harm children’s mental health.

The joint lawsuit from a slate of 33 state attorneys general was filed Tuesday in a San Francisco federal court. The suit specifically claims Meta allegedly violated a federal children’s online privacy law, and state consumer protection laws by making its products addictive and then lying about how they harm children’s mental health. Eight states and the District of Columbia also filed state lawsuits claiming Meta violated their consumer protection laws.

If successful, the states’ lawsuits could force Meta to change the way it designs and markets its platforms to the public, and lead to hefty fines. The legal strategy has drawn comparisons to the various lawsuits filed against the tobacco industry in the 1990s, which led to hundreds of billions of dollars in damages, and changed how the industry markets its products.

Harmful to kids: The lawsuit alleges that “Meta deceptively represented that the features were not manipulative; that its Social Media Platforms were not designed to promote young users’ prolonged and unhealthy engagement with social media; and that Meta had designed and maintained its Social Media Platforms to ensure safe experiences for young users. These representations, both express and implied, were false and misleading.”

The lawsuit is the largest state-led challenge alleging a social media company violated the federal Children’s Online Privacy Protection Act and consumer protection laws, and follows a similar strategy used by Indiana, Arkansas and Utah, which have each filed state consumer protection lawsuits against TikTok in the past year.

The lawsuits are designed to circumvent Section 230 of the Communications Decency Act, a decades-old law that protects platforms from being held liable for most content users post. The consumer protection lawsuits don’t target specific content and instead assert that Meta or TikTok deceived the public about the safety of children on their apps.

Meta pushes back: “We’re disappointed that instead of working productively with companies across the industry to create clear, age-appropriate standards for the many apps teens use, the attorneys general have chosen this path,” a Meta spokesperson said in a statement.

The company has said over the past several years it has introduced more than 30 tools to support teens and parents, including automatically setting teens under age 16 to private on Instagram and providing parental supervision tools.

States act as Congress falters: While the states are acting, Congress has failed to pass any federal child online safety laws, including the Kids Online Safety Act. The bipartisan bill requiring platforms to audit their risks to minors advanced out of committee this summer but hasn’t advanced to a Senate floor vote. It has faced vocal pushback from civil rights and advocacy groups over the potential it could violate teens’ privacy online and could lead to detrimental impacts particularly on LGBTQ youth.

Several states began investigating Meta after Facebook whistleblower Frances Haugen testified in 2021 that Instagram knew its algorithms pushed unhealthy eating content to teen girls. Her testimony inspired KOSA and other legislation.

Haugen applauded the states’ lawsuit.

“And the fact that the litigators are acting before the legislators isn’t surprising, it’s happened many times before,” Haugen told POLITICO, referring to past state lawsuits against tobacco companies in the 1990’s. “I’m very glad that they are standing up for our kids. I’m glad that they’re demanding proof.”

What’s next: Meta is likely to seek to dismiss the lawsuits under its Section 230 legal protections to prevent the legal challenges from moving forward. The use of state consumer protection laws against social media companies is still a relatively novel legal approach, and will be tested in the federal and state courts. The lawsuits could take years to resolve, and could spur federal and state lawmakers to pass more legislation to protect children’s online safety in the interim.