Rose City Airfest Underway

TYLER – Rose City Airfest UnderwayOur news partners at KETK report the Tyler Regional Airport is filled with Camp V and airshow planes for the Rose City Airfest. “I’ve got over 40 vendors and we’ve got static displays, we’ve got the pilots out signing posters, it’s just going to be a tremendous full day of family fun,” said Bob Westbrook, Rose City Airfest chairman. Activities started Friday with an all-new STEM day for local high school students. Continue reading Rose City Airfest Underway

Paxton sues TikTok

AUSTIN (AP) – Texas Attorney General Ken Paxton sued TikTok on Thursday for sharing and selling minors’ personal information, violating a new state law that seeks to protect children who are active on social media, accusations that the company denied hours later.

The Securing Children Online through Parental Empowerment Act prohibits social media companies from sharing or selling a minor’s personal information unless a parent or guardian approves. The law, which was passed by the Legislature last year and partially went into effect Sept. 1, also requires companies to create tools that let verified parents supervise their minor child’s account.

Paxton argues in the legal filing that TikTok, a short-form video app, has failed to comply with these requirements. Although TikTok has a “family pairing” feature that allows parents to link their account to their teen’s account and set controls, parents don’t have to verify their identity using a “commercially reasonable method,” as required by Texas law. The minor also has to consent to the pairing.

Paxton also argues that TikTok unlawfully shares and sells minors’ personal identifying information to third parties, including advertisers and search engines, and illegally displays targeted advertising to known minors.

“I will continue to hold TikTok and other Big Tech companies accountable for exploiting Texas children and failing to prioritize minors’ online safety and privacy,” Paxton said in a statement. “Texas law requires social media companies to take steps to protect kids online and requires them to provide parents with tools to do the same. TikTok and other social media companies cannot ignore their duties under Texas law.”

A TikTok spokesperson denied Paxton’s allegations, pointing to online information about how parents in certain states, including Texas, can contact TikTok to request that their teen’s account is deleted. Parents are asked to verify their identify but submitting a photograph of themselves holding their government-issued ID. According to TikTok’s privacy policies, the company does not sell personal information. And personal data is not shared “where restricted by applicable law.”

“We strongly disagree with these allegations and, in fact, we offer robust safeguards for teens and parents, including family pairing, all of which are publicly available,” TikTok spokesperson Jason Grosse wrote in a an emailed statement. “We stand by the protections we provide families.”

Paxton’s lawsuit was filed in a federal district court in Galveston. The filing comes after a federal district court judge in August temporarily blocked part of the social media law from taking effect as a legal battle over the law’s constitutionality continues to play out.

Two separate lawsuits were filed seeking to block the law. One suit was filed by tech industry groups that represent large digital companies including YouTube and Meta. A second lawsuit was filed by a free speech advocacy group.

Days before the law was scheduled to take effect, Judge Robert Pitman blocked a part of the law that would have required social media companies to filter out harmful content from a minor’s feed, such as information that features self-harm or substance abuse. But Pitman allowed other pieces of the law to take effect, such as the prohibition on selling or sharing minor’s data, as well as a new rule that social media companies let parents monitor their child’s account.

Meta, the parent company of Instagram and Facebook, rolled out new parental control features in response to Texas’ law. Now, parents who can prove their identity with a valid form of identification can set time limits on their child’s usage and update their teen’s account settings. A Meta spokesperson also said the company does not share or sell personal data.

The consumer protection division of Paxton’s office has sole authority to enforce the law. They are seeking civil penalties of $10,000 per violation, as well as attorney’s fees.

Texas is one of several states that have recently passed laws attempting to regulate how social media companies moderate their content. Those laws have also facedbacklash from the tech industry and from free speech groups.

Supreme Court to weigh a Texas death row case

WASHINGTON (AP) — The U.S. Supreme Court will hear the case of a Texas man on death row who has long argued that DNA testing would help prove he didn’t kill an 85-year-old woman during a home robbery decades ago.

The order came down Friday in the case of Ruben Gutierrez, months after the justices stayed his execution 20 minutes before he was scheduled to die by lethal injection.

Gutierrez was condemned for the 1998 stabbing of Escolastica Harrison at her home in Brownsville, on the state’s southern tip.

Prosecutors said the killing of the mobile home park manager and retired teacher was part of an attempt to steal more than $600,000 she had hidden in her home because of her mistrust of banks.

Gutierrez has long asked for DNA testing on evidence like Harrison’s nail scrapings, a loose hair wrapped around one of her fingers and various blood samples from within her home.

His attorneys say there’s no physical or forensic evidence connecting him to the killing. Two others were also charged in the case.

Attorney Shawn Nolan said the high court’s action came as a relief. Agreeing to hear the case and extending the stay of execution “brings us one step closer to finally doing the DNA testing that will overturn Ruben’s wrongful conviction and death sentence,” he said.

Prosecutors said the request for DNA testing is a delay tactic and that Gutierrez’s conviction rests on other evidence, including a confession in which he admitted to planning the robbery and that he was inside her home when she was killed.

Gutierrez was convicted under Texas’ law of parties, which says a person can be held liable for the actions of others if they assist or encourage the commission of a crime. He has had several previous execution dates in recent years that have been delayed.

Judge denies an order for a Black student punished over his hair

HOUSTON (AP) — A federal judge on Friday denied a request by a Black high school student in Texas for a court order that the student’s lawyers say would have allowed him to return to his high school without fear of having his previous punishment over his hairstyle resume.

Darryl George had sought to reenroll at his Houston-area high school in the Barbers Hill school district after leaving at the start of his senior year in August because district officials were set to continue punishing him for not cutting his hair. George had spent nearly all of his junior year serving in-school suspension over his hairstyle.

The district has argued that George’s long hair, which he wears to school in tied and twisted locs on top of his head, violates its policy because if let down, it would fall below his shirt collar, eyebrows or earlobes.

George, 19, had asked U.S. District Judge Jeffrey Brown in Galveston to issue a temporary restraining order that would have prevented district officials from further punishing him if he returned and while a federal lawsuit he filed proceeds.

But in a ruling issued late Friday afternoon, Brown denied George’s request, saying the student and his lawyers had waited too long to ask for the order.

George’s request had come after Brown in August dismissed most of the claims the student and his mother had filed in their federal lawsuit alleging school district officials committed racial and gender discrimination when they punished him.

The judge only let the gender discrimination claim stand.

In his ruling, Brown said he also denied George’s request for a temporary restraining order because the school district was more likely to prevail in the lawsuit’s remaining claim.

Brown’s ruling was coincidentally issued on George’s birthday. He turned 19 years old on Friday.

Allie Booker, an attorney for George, and a spokesperson for the Barbers Hill school district did not immediately return a call or email seeking comment.

George’s lawyer had said the student left Barbers Hill High School in Mont Belvieu and transferred to another high school in a different Houston area district after suffering a nervous breakdown over the thought of facing another year of punishment.

In court documents filed this week, attorneys for the school district said George didn’t have legal standing to request the restraining order because he is no longer a student in the district.

The district has defended its dress code, which says its policies for students are meant to “teach grooming and hygiene, instill discipline, prevent disruption, avoid safety hazards and teach respect for authority.”

George’s federal lawsuit also alleged that his punishment violates the CROWN Act, a recent state law prohibiting race-based discrimination of hair. The CROWN Act, which was being discussed before the dispute over George’s hair and which took effect in September 2023, bars employers and schools from penalizing people because of hair texture or protective hairstyles including Afros, braids, locs, twists or Bantu knots.

In February, a state judge ruled in a lawsuit filed by the school district that its punishment does not violate the CROWN Act.

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Bullard High School earns AP School Honor Roll recognition

Bullard – Bullard High School earns AP School Honor Roll recognitionBullard High School is now a member of the College Board Advanced Placement (AP) School Honor Roll. The school received bronze-level honor roll recognition for the success of its 2023-2024 AP programs. Schools earn this recognition by meeting criteria that reflect a commitment to increasing college-going culture, providing opportunities for students to earn college credit, and maximizing college readiness. Continue reading Bullard High School earns AP School Honor Roll recognition

Granbury residents sue bitcoin mining operation

GRANBURY – A group of Granbury community members, represented by Earthjustice, filed a lawsuit (case number: C2024253) in Texas State Court, Hood County, against Marathon Digital Holdings, Inc., which operates a bitcoin mine in Granbury, Texas. The lawsuit alleges that Marathon creates a private nuisance by causing and then failing to mitigate excessive noise pollution caused by their 24/7 proof-of-work cryptocurrency mining operations, resulting in sustained harm to the surrounding community. Earthjustice filed the lawsuit on behalf of Citizens Concerned About Wolf Hollow.

Proof-of-work cryptocurrency mining is an energy-intensive process involving tens of thousands of large computers running 24/7, and the constant roar of fans used to cool the machines results in excessive noise pollution. Prior to filing the lawsuit, Earthjustice identified over two dozen individuals who suffer direct health impacts due to the constant noise pollution from the cryptomining operations. Examples include permanent hearing loss, severe migraines, tinnitus and debilitating vertigo. Earthjustice is seeking a permanent injunction, demanding that the cryptomining operations either shut down or immediately implement measures to significantly reduce the harms caused by the excessive noise pollution.

“The Marathon cryptomining operations are creating significant noise pollution in Granbury, resulting in serious health and quality of life impacts to the surrounding community. Persistent exposure to this noise is detrimental for human health, animals, and the environment. Residents’ homes are no longer the refuge that they should be. Marathon must take immediate action to effectively mitigate their noise pollution or shut down operations altogether,” said Rodrigo Cantú, Senior Attorney with Earthjustice’s Gulf Regional Office.

Marathon operates its bitcoin mining facility behind-the-meter at the Wolf Hollow gas plant in Granbury. The gas plant is a 1,115 megawatt combined-cycle gas and steam turbine generation facility, with plans to bring an additional 300 megawatts of gas-fired generation online.

“The people of Granbury have been forced to endure constant and unrelenting noise from Marathon’s cryptomining operations. No corporation has the right to subject their neighbors to conditions that jeopardize their health and well-being. Marathon must reduce its noise pollution,” said Rebecca Ramirez, Associate Attorney with Earthjustice’s Gulf Regional Office.

“In such a short time, Bitcoin mining has completely altered our community, for the worse. The around-the-clock mining isn’t just driving up our electricity bills-it’s costing us our health. We feel trapped. Day and night, we are subjected to relentless noise that is physically harming us. We aren’t asking for much-just for Marathon to take responsibility and restore our peace and well-being,” said Granbury resident, Cheryl Shadden.

Rusk ISD investigates on-campus “incident” that left student injured

Rusk ISD investigates on-campus “incident” that left student injuredRUSK – Officials from Rusk ISD Friday addressed on a social media post, what they call an “incident” at Rusk ISD, that happened on October 2. Parents say the incident was caught on video, reportedly showing a student being assaulted in an administrative office. The video has been shared extensively on social media. Rusk ISD did not explain the nature of the “incident” in their statement. District officials also said that guardians of all students involved were informed immediately after the incident and they plan to work with the guardians to seek a resolution.

The Facebook post went onto to say, “Rusk ISD will have zero tolerance for this type of behavior from our students and while we cannot discuss individual disciplinary actions, please know that we will follow state education codes and local policies to ensure the disciplinary consequences align with the seriousness of the offense,” according to the district. “The safety of our students remains our top priority, and we will continue to review our policies and procedures to maintain a safe and secure environment for everyone on campus.”

Texas guns supply the cartels

DALLAS – The Dallas Morning News reports that guns purchased from a single ZIP code in Grand Prairie, Texas, have been popping up in Mexico in significant numbers over the past several years. From 2015-2022, the 75051 ZIP code was the source of more confiscated guns – roughly three dozen per year – in Mexico than from any other Texas ZIP code not located on the border. Furthermore, a recent federal firearms report shows Texas is the nation’s leading supplier of illicit guns to Mexico’s drug cartels and other criminal organizations, representing 43% of the total. Those are among the revelatory findings culled from a federal gun tracing database obtained by a nonprofit organization and analyzed recently by The Dallas Morning News.

At first glance, the data might suggest Grand Prairie is a hub for international arms trafficking. Dig a little deeper, however, and a more nuanced story emerges – one that not only reveals the challenges of firearms tracing as a tool against gun traffickers, but also illuminates the ongoing national debate between gun rights groups and gun safety advocates over whether such data should be made public. Tracing can be helpful to agents, revealing patterns used by criminals and identifying possible suspects. And it can be used to alert gun sellers. But the data also can be of limited value when a gun’s serial number is filed off, when the sales paperwork is missing or when the firearms are old. Those guns from Grand Prairie are a prime example. The 275 Grand Prairie confiscated guns, it turns out, are very old. Some were bought so long ago that the North Texas gun store owners who sold them are long dead.

Did “Cruz Curse” strike the Astros again?

HOUSTON – USA Today reports the Ted Cruz curse strikes (no pun intended) again. Allegedly. The Texas senator’s attendance at sporting events across the state is famously dreaded, for reasons beyond politics. His appearance at ballparks, football fields and basketball courts has been frequently associated with various Texas teams’ ensuing losses. And the phenomenon seemingly continued this week, after Cruz was spotted at Minute Maid Park Tuesday and Wednesday for both games of the Houston Astros’ back-to-back losses, which put a quick end to the baseball team’s postseason. The “Cruz curse” was also the basis for a social media ad last month by Rep. Colin Allred, D-Texas, who is running to unseat Cruz this November. “Sports fans from across Texas are suffering from the same affliction,” the commercial’s narrator says, going on to blame Cruz for major losses including the University of Texas football team’s defeat in January’s Sugar Bowl and the Houston Rockets’ dashed playoff dreams back in 2018.

“Want to win? Lose Cruz,” the 30-second video concludes. The race between Allred and Cruz has intensified, as some polls heading into the fall show a near tie between the pair. No Democrat has won statewide office in the deep-red Lone Star State since 1994. Cruz has been in office since 2013. Cook Political Report Tuesday shifted their rating of the Senate race from “likely Republican” to “leans Republican,” signaling momentum for Democrats, who nationally are in a contentious battle to hold onto control of the upper chamber. Allred and Cruz are set to face off in a debate Oct. 15. Democrats that evening may hope the supposed “Cruz curse” goes beyond just sports competitions. Cruz’s campaign did not immediately respond to a request for comment about the advertisement or the Astros’ loss this week.

Texas just hit 18M voters

HOUSTON – The Houston Chronicle reports that Texas has surpassed 18 million registered voters for the first time as an increasingly urban and diverse population reshapes the state’s political landscape and pushes the GOP to retool its decades-old playbook to keep a grip on the state. The state’s voter registration rolls are expanding at a quicker pace than other fast-growing southern states like Florida, North Carolina and Georgia. And they’re surpassing the state’s population growth, a sign that more than just new Texans are signing up to vote. Since U.S. Sen. Ted Cruz was last on the ballot in 2018 and narrowly won reelection by just 215,000 votes, Texas has added nearly 2.6 million voters — the size of Connecticut’s entire voting rolls. The biggest growth has come in Harris County and along the I-35 corridor, areas that have trended blue in recent elections. While transplants from other states make up a good portion of that rise, voter advocacy groups say it is also a product of their work in places like Houston and San Antonio to find and register Texans who don’t typically participate in elections.

Also fueling the rise is the state’s booming youth population coming of voting age. Many high schools have programs to help sign up new voters and people can also register when getting a driver’s license. The shifting demographics are forcing both parties to lean on advanced analytics to help them identify who these new voters are, where they came from, how likely they are to vote in November and which party’s platform they gravitate more towards. While some Republicans have convinced themselves Texas will always be red, top strategists in the party warn Texas is at risk of following other Southwestern states like Arizona and Nevada, once solid Republican states that started turning blue in the last two decades and helped put Joe Biden in the White House in 2020. “We are in a competitive state and we are not going to win just sitting on our laurels,” said Dave Carney, a veteran Republican strategist who has helped Gov. Greg Abbott and former Gov. Rick Perry dominate Texas politics for the last 25 years.

Supreme Court’s new term takes on ghost guns, porn access and trans care bans

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(WASHINGTON) -- The U.S. Supreme Court, at once a major flashpoint in the 2024 campaign and potential presidential election referee, gavels open a new term on Monday with the nation deeply divided over its recent rulings and skeptical of the justices' ethics and impartiality.

The court's fall docket includes high-profile disputes over age-verification to access pornography online, the marketing of flavored e-cigarettes to kids, regulation of untraceable "ghost guns," and EPA limits on sewage dumped into the Pacific Ocean.

A challenge to Tennessee's ban on gender-affirming care for transgender minors is considered one of the most significant cases of the term, so far. The justices have been asked to decide whether the medical restriction, adopted in more than 20 states, discriminates on the basis of sex in violation of the Constitution's Equal Protection clause.

"This is one of the most significant LGBTQ cases to ever reach the Supreme Court," said Chase Strangio, a staff attorney with the American Civil Liberties Union, who is expected to argue before the court. "This case will have a huge impact on the future of litigation on behalf of LGBTQ people.

The court could also be forced to weigh in on last-minute appeals over election rules, including changes to how ballots are cast and counted and, potentially, how contested election results are certified. It has already issued decisions allowing Arizona to require proof of citizenship for state voter registration and rejecting Green Party presidential candidate Jill Stein's bid to appear on the Nevada ballot.

The six conservative and three liberal justices return to the bench for oral arguments after delivering an extraordinary round of socially and politically-consequential decisions in June.

"Depending on your point of view, last term was either the term that the court saved the presidency or the term that the court let the most dangerous man in the history of American politics off the hook," said Irv Gornstein, executive director of the Supreme Court institute at Georgetown Law.

The court's blockbuster ruling on presidential immunity for former President Donald Trump and a pair of decisions sharply curtailing the power of federal agencies, among others, galvanized partisan interests around the court and ignited fierce public debate even as the full scope and impact of the judgments remains unclear.

Just 43% of Americans say they approve of the court's work, a near-record low, according to Gallup. A successive series of reported alleged ethics violations by several justices, their resistance to independent enforcement of a new ethics code, and extraordinary leaks to the media of internal justice communications has only complicated the public's view.

"Something does feel broken," said Lisa Blatt, a veteran high court litigator, of the internal workings of the court. "Some of [the justices] up there seem visibly frustrated."

With less than a month before the general election, the justices may be eager to maintain a lower profile, some court analysts say, and their lighter-than-normal case load might be a key indicator.

"This term is, at least at the moment, a much quieter term than we've had in the last couple of years," said outgoing ACLU legal director David Cole. "But that could change if the presidential election is close and disputed."

Here's a look at five key cases to watch:

Transgender kids: U.S. v Skrmetti

Key question: Does Tennessee's ban on gender-affirming medical treatments for transgender minors violate the equal protection clause of the 14th Amendment?

Tennessee and 25 other states have passed bans on medical treatments for minors seeking to identify with, or live as, a gender identity inconsistent with his or her sex at birth. The Supreme Court is asked to decide whether those bans are constitutional.

While leading American medical organizations have endorsed the use of puberty blockers, hormone therapy and, in some cases, surgeries to improve the health and wellbeing of young people diagnosed with gender dysphoria, some medical groups and conservative lawmakers consider the treatments inappropriate and dangerous.

LGBTQ advocates and families of transgender minors allege Tennessee's ban prohibits an otherwise legal and approved treatment for some people illegal for others purely on the basis of their sex. They claim it violates the 14th Amendment's equal protection clause and overrides parental authority.

The state denies discrimination, insisting it has the right to regulate medical treatments and access to certain types of procedures, independent of a patient's sex. The Sixth Circuit U.S. Court of Appeals sided with Tennessee.

This case marks the first time the nation's highest court will take up the merits of legislation targeting transgender Americans. A decision could most directly impact the more than 300,000 high school-aged transgender youth in the U.S., according to the Williams Institute.

"We expect the Supreme Court is going to say whether governments have to treat trans people with equality, whether it's okay for them to single us out for mistreatment, specifically in the realm of health, but with implications beyond," said Gabriel Arkles, senior legal counsel with Advocates for Trans Equality.

The case has not yet been set for oral argument; a decision is expected by the end of June 2025.

Ghost guns: Garland v VanDerStok

Key question: Can the government require purchase-age limits, background checks, serialization and registration for self-assemble gun kits widely available online?

Facing an explosion of crimes and deadly accidents involving self-assembled and untraceable weapons known as ghost guns, the Biden Administration issued a new regulation in 2022 classifying online parts kits and gun templates as "firearms" under federal law.

The Supreme Court will now decide whether that regulation can stand, forcing manufacturers and retailers to comply with licensing, background check, record-keeping and serialization requirements for gun kits, parts, and blueprints as with any other fully-assembled firearm.

Gun groups, which sued over the rule, say parts kits and 3D blueprints do not meet the definition of a "firearm" under the Gun Control Act of 1968, which governs gun sales and production in the U.S. The administration says the law is broadly written and clearly applies to anything that can be "readily converted to a functional condition."

The dispute centers on competing interpretations of the text of federal law – not Second Amendment rights – but the outcome could have a major practical impact, experts say.

"If the Court strikes down the rule, it significantly limits federal regulation in this area," said Deepak Gupta, a Supreme Court litigator and Harvard Law professor. "There's a real risk that criminals will be able to order guns on the internet, and the entire gun control framework will not apply to them."

Oral arguments in the case have been scheduled for Oct. 8; a decision is expected by the end of June 2025.

Death penalty: Glossip v Oklahoma

Key question: Must Oklahoma put a man to death even though the state doesn't want to, he maintains his innocence, and prosecutors suppressed key evidence that could have undermined a conviction?

Richard Glossip has been scheduled for execution 8 times and been given his "last meal" 3 times. In 2015, he won a temporary reprieve by challenging the method of lethal injection at the U.S. Supreme Court; he ultimately lost.

Now, Glossip is back at the high court in a last-ditch bid to save his life – this time with the state of Oklahoma on his side, declaring that he may be innocent and deserves a new trial.

Oklahoma's Republican governor and attorney general – both staunch supporters of the death penalty – have called Glossip's 2004 murder conviction "deeply flawed." He was linked to the crime by only the testimony of the confessed killer who later recanted and, unbeknownst to the jury, was diagnosed with bipolar disorder and taking psychiatric medication.

The state's highest court, in narrowly divided rulings, denied all of Glossip's appeals and rejected the state officials' requests to vacate the conviction and initiate a new trial. It has said the execution must go forward.

"You might think this is extraordinary – someone having exculpatory evidence in the file that the state didn't disclose and sometimes even allowing people to testify falsely," said University of Chicago Law professor David Strauss. "It's actually not that extraordinary. It actually happens pretty often, and the court should pay attention to that, and, if possible, do something about it."

The dramatic case will test the Supreme Court on the competing values of finality after decades of failed appeals; the primacy of state courts on matters of state law; and the meaning of justice in a case with so many apparent flaws.

"It would be remarkable to me for the Supreme Court to say where the state and the individual don't want execution it should go forward nonetheless," said ACLU legal director David Cole.

Oral arguments in the case have been scheduled for Oct. 9; a decision is expected by the end of June 2025.

Online porn: Free Speech Coalition v Paxton

Key question: Can states require websites with sexual material "harmful to minors" to verify a user's age and display warnings that porn is potentially addictive?

Nineteen states have enacted age verification requirements for websites with sexually-explicit material that could be harmful to minors. Under Texas' law, adults must submit personal information - including an uploaded copy of their ID - in order to obtain access.

The Supreme Court will now decide whether forcing adults to prove their age unlawfully burdens their First Amendment rights to view constitutionally-protected material, even if the objective is to protect kids.

"Pornography is protected speech; that's black letter law. Material that is not obscene as to adults may be obscene as to children; that's black letter law. No one's disputing any of that," said Jeremy Broggi, a Supreme Court litigator with Wiley Rein LLP. "In this case, the dispute is about when you say that everyone has to verify their age to access the material, does that burden the rights of adults that want to access it?"

Free speech advocates and the ACLU argue that the law is astonishingly broad and burdensome – applying to not just porn sites but public health resources and R-rated entertainment, among other things. They say it also robs people of a right to anonymity and that there are more effective and automated ways to block children.

"In addition to the censorship problem, there's a question about what happens to this data. You put your photo ID on the website. They, in theory, are not allowed to keep it, although, how is Texas going to police that?" said Alan Morrison, associate dean for public interest and public service at George Washington University Law School.

Texas insists its requirements are reasonable measures to protect children, not unlike lawful requirements to verify a customer's age before purchasing liquor or entering a strip club.

"PornHub has now disabled its website in Texas," said Attorney General Ken Paxton, "because Texas has a law that aims to prevent them from showing harmful, obscene material to children. In Texas, companies cannot get away with showing porn to children. If they don't want to comply, they should leave Texas."

Both sides say the Supreme Court's ruling could have a sweeping impact nationwide.

"More people watch porn and view porn each year than vote and read the newspaper," said Lisa Blatt, a veteran Supreme Court litigator with Williams & Connolly LLP. A 2016 study in the Journal of Sexual Medicine reports that up to 70% of men and 40% of women have used pornography within the past year.

The case has not yet been set for oral argument; a decision is expected by the end of June 2025.

Flavored e-cigarettes: FDA v Wages and White Lion

Key question: Did the FDA illegally refuse to approve the sale of flavored vapes, or e-cigarettes, popular among teens?

With e-cigarettes and vapes booming in popularity, the Supreme Court will scrutinize how the Food and Drug Administration vets new nicotine products for market and why it rejected a wave of flavored vapes in recent years.

Under federal law, the companies must provide FDA with reliable and robust evidence to show that the products would promote public health and that, on balance, the benefits to adult smokers would outweigh the risks of youth addiction.

At the center of the case is FDA's refusal to approve applications from makers of e-liquid flavors like "Jimmy The Juice Man Peachy Strawberry," "Suicide Bunny Mother's Milk and Cookies" and "Iced Pineapple Express."

The agency said the companies had provided insufficient evidence that the benefits of their flavored products exceed the dangers to hooking kids. The companies later sued, alleging a flawed analysis that discounted the ways vape products help people stop smoking.

A Fifth Circuit U.S. Court of Appeals panel concluded that the FDA refusal to approve new flavored nicotine products was "arbitrary and capricious" in violation of federal law. The agency has appealed.

"If you ask adults who smoke if they were to switch to e-cigarettes what kind of flavors are they interested in, the majority of responses are tobacco flavor. If you ask kids, they like the fruit or candy flavor," said Caroline Cecot, an administrative law expert at George Washington University Law School. "This was a big part of what the FDA was sort of thinking about. And we have this evidence."

Nearly a quarter of high school students who use e-cigarettes consume illicit menthol-flavored varieties, according to the 2023 National Youth Tobacco Survey.

The Supreme Court's decision could impact how quickly and how much more widely available additional flavored nicotine products will be on the market in the U.S. The case has not yet been set for oral argument; a decision is expected by the end of June 2025.

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Doctor discusses report detailing drop in breast cancer cases, deaths

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(NEW YORK) -- Dr. Lisa Newman, the chief of the section of breast surgery at New York-Presbyterian/Weill Cornell Medical Center, sat down with ABC News to discuss breast cancer prevention, early screenings and diagnosis discrepancies.

A new American Cancer Society report, released in October, which is Breast Cancer Awareness Month, finds that breast cancer mortality rates overall have dropped by 44% since 1989, averting about 517,900 breast cancer deaths. However, not all women have benefited from this progress.

ABC News discussed the issue with Newman, who provided more context.

ABC NEWS: Dr. Lisa Newman, chief of the section of breast surgery at New York Presbyterian/Weill Cornell Medical Center. Dr. Newman, thank you so much for joining us. So overall, are you encouraged or concerned by this report?

DR. LISA NEWMAN: Well, thank you for this attention to such a major problem of breast cancer. As you mentioned, it is rising in incidence in American women. So we are very gratified to see these continued declines in breast cancer mortality rates. This is a testimony to our successes with breast health awareness, early detection through screening mammography programs and wonderful advances that we've made in treatment.

But as you also noted, we are still seeing some rather appalling and disturbing trends in the breast cancer statistics. It's very concerning to us that the rates of breast cancer are rising for young women, women younger than the age of 50. And this is for a variety of reasons. We are also seeing very concerning disparities in the burden of breast cancer and, in particular, breast cancer death rates continue to be significantly higher for African-American women and for Black women younger than the age of 50.

ABC NEWS: As far as the disparities with regard to ethnic groups, which we also discussed, why the increase there as well?

NEWMAN: Yeah. The disparities in breast cancer burden are also secondary to some complex factors with the disproportionate mortality rates that we see in Black women. We know that this is going to be explained heavily by socioeconomic disadvantages that are more prevalent in the African-American community, and African-American women are more likely to be diagnosed with more advanced breast cancers because of delays in diagnosis.

Black women are more likely to have delays in initiation of treatment, and there are some tumor biology questions that we need to evaluate in research, as well. A lot of the research that I do actually looks at the breast cancer burden of women with African ancestry. And we do know that African ancestry in and of itself increases the likelihood of getting biologically aggressive forms of breast cancer and getting breast cancer at younger ages. So we need to address that, these socioeconomic disparities, but we also need more research to understand these biological differences.

ABC NEWS: And we saw that we're just seeing that trend of an increase year after year. What can we do to, to try and bring these numbers down?

NEWMAN: Being aware of breast health is very important and making sure that you get screened regularly. For average risk women, The American Society of Breast Surgeons advocates in favor of getting yearly mammograms starting at age 40. If you have a strong family history, you should consider getting genetic testing, because if you do have inherited predisposition for breast cancer, you may need to start getting your mammograms at even younger ages.

ABC NEWS: The good news that we see here in this report: The mortality rate has dropped in the last year compared to 35 years ago. What do you attribute that to?

NEWMAN: Yeah. Very exciting to see that the mortality rates are declining. This is secondary to women advocating more forcefully for themselves and getting screened regularly. Women also, we want to remind women that mammograms aren't perfect. And so women do indeed need to be aware of the potential danger signs of breast cancer, such as a new lump in the breast, lump in the underarm, bloody nipple discharge, changes in the skin appearance of the breast like swelling, a rash.

ABC NEWS: And what are some basic things that all women can do to protect themselves? You mentioned diet, for example. What kinds of food or diet would be helpful with this?

NEWMAN: Well, a good way to look at it is in terms of the holistic picture and in general, the dietary patterns that are good for cardiovascular health are good for breast health. So a diet that has lots of fresh fruits and vegetables in it, minimizing fat intake, minimizing alcohol intake, alcohol has also been associated with breast cancer risk.

ABC NEWS: Such important and lifesaving information. Dr. Newman, thank you very much for coming on the show.

NEWMAN: Thank you.

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Israelis broadly favor Trump over Harris on security and in vote preference: Poll

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(NEW YORK) -- Israelis broadly pick former President Donald Trump over Vice President Kamala Harris as better for Israel's security and in turn favor Trump for the U.S. presidency, albeit with sharp political divisions, a national survey by Langer Research Associates and PORI (Public Opinion Research Israel) finds.

Fifty-eight percent of Israelis in the survey, conducted in September, said Trump would be better for Israel's security, vs. 20% for Harris. If they had a vote in the U.S. election, Israelis said they'd pick Trump over Harris by a similar 54%-24%, with the rest taking a pass.

To a large degree, these attitudes follow the fault lines in Israeli politics. Among people who would support parties in the ruling coalition led by Prime Minister Benjamin Netanyahu if an election in Israel were today, 88% picked Trump as better for Israel's security and 84% preferred him for the U.S. presidency -- results that may reflect tensions between Netanyahu's government and the Biden administration.

Supporters of Israeli opposition parties, by contrast, split closely, 39%-37%, Harris-Trump, in preference for the presidency. That said, even opposition party supporters picked Trump over Harris as better for Israel's security, albeit by a comparatively close 41%-32%.

While much attention now is on the conflict with Hezbollah and Iran, another question finds majority Israeli rejection of the suggestion that Israel is doing too little to avoid civilian casualties in the war in Gaza. To the contrary, "considering the challenges of conducting battles in populated areas," 54% said Israel is doing too much to avoid such casualties. Twenty-eight percent said it's doing the right amount; 14%, too little.

The three questions in this study were included in a random-sample, face-to-face survey of 1,012 Israelis, with fieldwork by PORI, Sept. 8-22, before the bulk of Israel's campaign against Hezbollah and Iran's subsequent missile attack this week. (Eighty-two percent of interviews were completed before Sept. 17, when thousands of Hezbollah pagers exploded.)

The U.S. election

In addition to the political gaps in attitudes toward the U.S. presidential candidates, ethnic and religious differences are sharp. Sixty-four percent of Jews picked Trump over Harris as better for Israel's security, while Arabs, who account for about 17% of Israel's adult citizen population, divided essentially evenly, 27%-24%; 36% saw no difference between the two. In vote preference, Jews went for Trump by 58%-23%, while Arabs split 28%-26%; the rest said they wouldn't participate or didn't express a preference.

Gaps also are present within the Jewish population. The shares picking Trump as better on security ranged from 53% of secular Jews to 88% of Orthodox Jews. Patterns are similar in preference for the presidency: Secular Jews favored Trump by 11 points, 46%-35%, widening to 65%-17% among traditional Jews and 69%-3% among ultra-Orthodox Jews, and peaking for Trump at 85%-4% among Orthodox Jews.

U.S. election preferences among Israeli Jews overall are sharply different from those of Jews in the United States. In ABC News/Ipsos polling, combining late August and mid-September surveys for an adequate sample size, U.S. Jews favored Harris over Trump by 63%-33%.

Another difference is by age. In the United States, Harris does best with younger adults. In Israel, it's Trump who does best in this group, with 65% of those younger than 35 picking Trump on security and 58% supporting him for president. These drop to 52% and 48% for Trump, respectively, among Israelis age 65 and older.

Trump also prevails among Israelis in strength of sentiment. Thirty percent overall said they'd "surely" support Trump for president, vs. 10% who said this about Harris; and 37% said Trump would be "much" better for Israel's security, compared with 12% for Harris.

Civilian casualties in Gaza

There also are ethnic, religious and political gaps in views of efforts to avoid civilian casualties in Gaza, given the challenges of urban combat. Strikingly, while just 7% of Jews said Israel is doing too little to avoid such casualties, that rises to 50% of Israeli Arabs.

Among Jews, about eight in 10 of those who are Orthodox or ultra-Orthodox said Israel is doing too much to avoid civilian casualties. This falls to 63% of traditional Jews and 47% of secular Jews.

Politically, among those who favor coalition parties, 76% said Israel is doing too much to avoid civilian casualties. This declines to 41% of opposition party supporters, with 21% saying Israel is doing too little; 34%, about the right amount.

About this survey

This survey is a joint project of Langer Research Associates, a New York-based firm that specializes in the design, management and analysis of public opinion research domestically and internationally; and PORI (Public Opinion Research Israel), a leading Israeli public opinion research firm founded in 1966. The study's questions were asked as a part of PORI's September face-to-face omnibus survey.

The survey was conducted in Hebrew and Arabic among 1,012 respondents across Israel via area probability sampling. One hundred primary sampling units were randomly selected, with households selected via random walk and respondents selected via the last-birthday method. Up to three revisits were made at each selected household. In quality control, 20% of each interviewer's work was re-checked randomly by phone.

Data were weighted for probability of selection and calibrated to census data for sex by age and region. Results have a margin of sampling error of plus or minus 3 points for the full sample, including a design effect due to weighting of 1.05. As in any survey, error margins are larger for subgroups. Sampling error is not the only source of differences in polls.

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