Daily Archives: January 21, 2022

Uniquely Alabama: 2022 Doesnt Have To Be Politics As Usual – Patch.com

Posted: January 21, 2022 at 11:34 pm

"Uniquely Alabama" is an occasional series where Patch tries to find the answers to questions about life in Alabama. Have a question about the Yellowhammer State that needs answering? Send it to michael.seale@patch.com.

I have been a media professional for about a quarter of a century, and one of the aspects of my job I enjoy the most is covering elections. Yes, I know, that seems almost masochistic, but I love the political process and love reporting on it, even in today's climate.

So, 2022 is an election year and in Alabama we have a bunch of important decisions to make. We will vote for members of Congress, governor, state legislators and a bevy of measures, laws and local officials. But I was thinking about it this morning and realized something has to change.

Our democratic process, thankfully, is all about change. If we don't like what our elected officials are doing, we can change that by voting for someone else. Seems simple, doesn't it? So then, how is it that Alabama has so many of the same problems decade after decade? Is it complacency? Lack of good candidates running for office? Is it just a result of being so overwhelmed by our problems that we just plug our ears and close our eyes? Maybe all, maybe just some of those things.

Look, I know that corrupt and/or ineffective politicians are not unique to Alabama. Nor are they unique to any one political party. But in 2017 alone, the heads of all three of our government branches were removed because of corruption. We as Alabamians have a deep and embarrassing history of bad politics, and bad politicians.

This year needs to be different. It is time we look at our elected officials in a different way. It is time that we see them for what they are: they are our employees. Think about any job interview you have been on. If you are a hiring manager, think about job interviews you have conducted. What kind of questions did you ask? How did you answer questions asked to you? And why the heck aren't we treating political candidates the same way?

Political candidates have realized that in this state, you really don't need much of a platform to run and get elected to office. I mean, our own governor won in a landslide in 2018 without debating anyone, without really campaigning at all, and without letting any voters know what she was going to do if elected. And I am not picking on Kay Ivey alone. Most politicians, especially incumbents, figure (correctly in most cases) that debating or giving speeches or saying too much can actually cost them their jobs. And that is sad and unacceptable.

I remember the 1998 Alabama gubernatorial race between Fob James and Don Siegelman, and how their public debates and campaign rhetoric involved little more than the two of them trying to out-Christian each other. No word on how to improve public education, fix our roads, fight crime and poverty (all issues that prevent Alabama from being the best it can be). Instead the entire election focused on who was more Christian than the other.

Listen, my grandmother was a good woman, a church-going Christian who was devout in her faith. But that in no way qualified her to be the governor of Alabama.

Don't get me wrong. I have lived in Alabama my whole life, and I know how important faith is to the people of this state. And of course we want to elect public officials who share our ideologies. But I go back to the job interview analogy. If you are interviewing for a job and the only thing on your resume is where you go to church and how often, chances are you are not getting hired. And nor should those candidates vying for political office in essence job candidates applying for a job where WE are the hiring manager.

Buzz words scattered throughout some ambiguous rhetoric have become the norm for politicians these days. They toss around terms that they know resonate with voters, but the words around those terms are just gibberish.

Look at just about any political ad. It is essentially a word salad with key words tossed into it. "Gibberish gibberish gibberish SOCIALISM, gibberish gibberish gibberish GUNS, gibberish gibberish gibberish FREEDOM," or "Blah blah blah INFRASTRUCTURE, blah blah blah RACISM, blah blah blah OPPRESSION," and so on.

And all of those things are important issues. But just identifying the issues does not make a person a good candidate for office. Again, if you went into a job interview and just told your potential employer that you know what the company does, that hardly makes you qualified for the job. And any hiring manager is going to have followup questions to get you to elaborate on HOW you would perform the job, not just that you know what the job is.

A candidate just saying, "We need to get guns off the streets," is merely identifying a problem one that most voters are well aware of and is not in any way giving a good job interview. A hiring manager would undoubtedly follow up with, "And how are you going to get that done?"

But instead, we as voters do not act as hiring managers and just take statements like that to mean that they will do something about whatever problem they identify in their campaign speeches and ads. And that is not how this should work.

Our state legislators make on average more than $50,000 a year. And that is a part time job, by the way. Our congressional delegates in Washington make a minimum of $175,000 a year. The governor of Alabama makes $127,000 a year. Paid for by us. By a population whose average annual income is a paltry $27,000.

In essence, let's hold our political candidates accountable in the same way that a manager holds employees accountable. It's not enough that they just identify our issues. Make them tell us HOW they will address those issues. Make them tell us in detail how they will work for us. Because we are absolutely the boss. And we don't have to employ them if they aren't earning their keep.

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Uniquely Alabama: 2022 Doesnt Have To Be Politics As Usual - Patch.com

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Flag rules, Constitution, religion figure in Senate debate over ‘Day of Tears’ abortion resolution – KTVB.com

Posted: at 11:30 pm

The resolution passed Friday after a substantial debate, both for and against the proposal

BOISE, Idaho This article originally appeared inIdaho Press.

A Day of Tears abortion resolution passed the Idaho Senate on Friday, but only after substantial debate both for and against, centering not only on abortion but on the Constitution, religion, and the rules for lowering the American flag to half-staff.

The resolution, SR 101, sponsored by Sen. Mary Souza, R-Coeur dAlene with 12 Senate GOP co-sponsors, recognizes in perpetuity Jan. 22, the anniversary of the U.S. Supreme Courts Roe vs. Wade decision, as the Day of Tears in Idaho, and encourages Idahoans to lower flags to half-staff on that date to mourn the innocents who have lost their lives to abortion.

A similar resolution was pending in the House, but wasnt taken up on Friday.

Souza told the Senate, Since that day, nearly 62 million babies have been aborted. That is more lives than the entire population of Canada. That is more lives than the population of California, Oregon, Utah, Washington and Nevada combined. The flag-lowering, she said, is encouraged so that families may find healing.

Senate Minority Leader Michelle Stennett, D-Ketchum, read from federal law and state law on when the American flag can be ordered flown at half-staff; it can occur only at the order of the president of the United States or the governor of a state, and it can occur only for specified limited time periods.

It isnt supposed to be used for anything that we want to make a political statement about. It is not constitutional, she told the Senate. It is not the privilege of a mayor or a legislature. It is the privilege of a United States president and a state governor only.

She also cited theAmerican Legions website about display of the American flag, which states, Those individuals and agencies that usurp authority and display the flag at half-staff on inappropriate occasions are quickly eroding the honor and reverence accorded this solemn act.

Sen. Grant Burgoyne, D-Boise, quoted from the Bible and noted that various religions have differing views on when life begins, and that the United States was founded on freedom of religion, as recognized in the First Amendment. We made a solemn pact with each other in the Constitution, and that pact was that we would not attempt to use the power of government when it came to the issue of religion, he said. And we therefore have the First Amendment, and the First Amendment says that the government shall not make an establishment of religion.

And in this resolution, we take the flag, and we attempt to harness the flag that is supposed to unite us and not divide us, the symbol of our unity, and we harness it to a political cause and a religious cause, said Burgoyne, an attorney. And not only may we not do that constitutionally, I think its an extremely unwise use of the flag.

Sen. Jim Rice, R-Caldwell, also an attorney, countered, We routinely harness political issues and opinions to the flag, it happens every day that were in session. It happens every day that any legislative body in the United States is in session. It happens every time Congress meets. Its normal behavior. He also quoted from the Bible, criticized the Roe vs. Wade decision, and said hed support the resolution.

Souza, in her closing debate, said, Let me reiterate that this resolution encourages citizens to lower their flags to half-mast on Jan. 22 in remembrance every year. It is not mandatory. It is not dictated by any governmental body as a mandate. The Senate then approved the resolution on a divided voice vote.

The Idaho House had Rep. Barbara Ehardts Day of Tears resolution on its calendar Friday, but when it came up, there were only 44 representatives present in the chamber, and 10 representatives were missing because the Joint Finance-Appropriations Committee was meeting at the same time that the House convened, 8 a.m. This is common on Fridays early in the legislative session, when the House holds only a brief early-morning session and then adjourns to allow out-of-town representatives to catch early flights home for the weekend.

That prompted some conferring between Ehardt and legislative leaders, and checking of rules. House Majority Leader Mike Moyle, R-Star, said no votes can be taken when the House is missing a committee.

So Ehardt settled instead for asking for a personal privilege during the time for announcements Friday, in which she decried the Roe vs. Wade decision and expressed hope that it will soon be overturned.

A great wrong has been perpetrated on this country, Ehardt told the House, and that wrong is that 62 million babies have been lost, have been aborted. Many states are bringing resolutions similar to hers, she said.

Since it was the time for announcements, when any lawmaker may make an announcement, Rep. Lauren Necochea, D-Boise, rose next. Tomorrow is the anniversary of Roe vs. Wade, when the womens constitutional right to choose was enshrined in our Constitution, Necochea told the House. This made abortion care safer for people, and something to celebrate.

With that, the House adjourned until Monday.

This article originally appeared inIdaho Press. Read more atIdahoPress.com

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Flag rules, Constitution, religion figure in Senate debate over 'Day of Tears' abortion resolution - KTVB.com

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Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more – SCOTUSblog

Posted: at 11:30 pm

RELIST WATCH ByJohn Elwood on Jan 20, 2022 at 5:01 pm

The Relist Watch column examines cert petitions that the Supreme Court has relisted for its upcoming conference. A short explanation of relists is available here.

Last weeks relists yielded what will likely be the last five cases to be to be argued during the current term. At this Fridays conference, the Supreme Court will thus begin the process of considering what cases to review next fall during October Term 2022.

On Tuesday, the court denied review in just one of last weeks relists, Trustees of the New Life in Christ Church v. City of Fredericksburg, 21-164, which the court had considered at eight consecutive conferences. The case involved a First Amendment challenge to the denial of a tax exemption for a church-owned property occupied by a couple whom the church designated as its ministers.Justice Neil Gorsuch dissented alone, saying he would summarily reverse the judicial decision denying the exemption.

That means all the rest of the relisted potential blockbusters are back again this week. Some have suggested the court is more likely to grant blockbusters when they wont be heard until next term, because they wont have to rush the decision in the few months remaining before the courts summer recess (or, perhaps more cynically, because theyll have longer before having to confront high-profile, politically freighted decisions). In any event, well have a better idea what is in store when we see the order list after Fridays conference.

This week we have five new relists. Four of them have something in common: They were rescheduled at least twice before the court relisted them. Whats the difference? When the Supreme Court reschedules a case, that case is moved on the courts docket from one of the justices private conferences to a later one before the justices even have the opportunity to discuss it at conference. By contrast, a relisted case is moved from one conference to another (usually the very next one) only after they have had the opportunity to discuss it at conference. Ive linked dockets ofa rescheduled caseanda relisted caseso you can see how both work.

As a practical matter, the distinction between rescheduling and relisting is great. Relisted cases particularly newly relisted ones are much more likely to be granted. Rescheduled cases, by contrast, overwhelmingly wind up being denied, sometimes with a justice writing an opinion respecting denial. So its unusual to have so many cases moving from the unhappy status of serial rescheduling to the happy status of being relisted.

Most noteworthy of the formerly rescheduled cases is McCarthy v. Pelosi, 21-395 heck, the caption alone should raise some eyebrows. Because of the public health emergency of the COVID-19 pandemic, the House of Representatives in May 2020 for the first time ever allowed absent members to delegate another member to vote on their behalf. House Minority Leader Kevin McCarthy, R-Calif., and other representatives filed suit arguing that the Constitution requires in-person congressional voting. The district court and U.S. Court of Appeals for the District of Columbia Circuit rejected these claims on the ground that the Constitutionsspeech-or-debate clauseprohibits judicial review of legislative actions such as voting. In his petition, McCarthy maintains that the clause does not foreclose all judicial review and that other constitutional provisions, such as thequorum clause, indicate that physical attendance is a constitutional requirement.

Gordon College v. DeWeese-Boyd, 21-145, involves the First Amendment-based ministerial exception, most recently seen in Our Lady of Guadalupe School v. Morrissey-Berru, under which employees deemed ministers of religious institutions are not covered by various employment and discrimination laws. This case involves Margaret DeWeese-Boyd, an associate professor of social work at Gordon College, a private Christian liberal arts college in Wenham, Massachusetts. The Massachusetts Supreme Judicial (is there any other kind?) Court held that DeWeese-Boyds duties as an associate professor of social work differ significantly from cases where courts have applied the ministerial exception, as she did not teach religion or religious texts, lead her students in prayer, take students to chapel services or other religious services, deliver sermons at chapel services, or select liturgy, which the court concluded have been important factors in the Supreme Courts functional analysis of who is a minister. Gordon College seeks review, arguing that all of its professors are Christian educators who are used to promote the Christian mission through teaching, scholarship, and service. The case has already been rescheduled three times, clearly indicating its on at least one of the justices radar.

Next up is Texas v. Commissioner of Internal Revenue, 21-379, which has been rescheduled twice. In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be actuarially sound. In 2002, the Centers for Medicare & Medicaid Services promulgated a regulation identifying three criteria that [a]ctuarially sound payments must satisfy: the payment amounts must [h]ave been developed in accordance with generally accepted actuarial principles; those amounts must be appropriate for the populations to be covered, and the services to be furnished; and, at issue here, the payment amounts must [h]ave been certified, as meeting th[ose] requirements , by actuaries who meet the qualification standards established by the American Academy of Actuaries and follow the practice standards established by the Actuarial Standards Board. The actuarial board did not adopt a binding definition until 2015 13 years after CMS promulgated the regulation.

Soon afterwards, the states of Texas, Indiana, Kansas, Louisiana, and Nebraska filed suit, arguing that the definition that the actuarial group adopted foist[ed] nearly $500 million of taxes onto the states in just three years because of a fee that the Affordable Care Act imposed (but which was repealed in 2019). The district court granted the states summary judgment, concluding that the actuarial-certification rule is an impermissible delegation of legislative power and exceeded CMS statutory authority. The U.S. Court of Appeals for the 5th Circuit reversed in relevant part, rejecting the states nondelegation challenge; the court also concluded other claims were time-barred because the states acted more than a decade after CMS promulgated the rule. Five judges dissented from the denial of rehearing en banc.

Before the Supreme Court, the states argue that an agency rule delegating rulemaking authority to a private entity violates the nondelegation doctrine, and that the statute of limitations applicable to a challenge to an agency rule that delegates rulemaking authority to a private entity should start running not when the agency delegates the authority, but when the private entity exercises the delegated authority.

Axon Enterprise, Inc. v. Federal Trade Commission, 21-86, involves the manufacturer of the law-enforcement device immortalized in the formerly trademarked phrase, Dont tase me, bro! After Axon Enterprise acquired a competitor, it found itself subjected to antitrust review by the Federal Trade Commission. The company faced a series of demands from the FTC it viewed as unreasonable. Facing the prospect of litigating the agencys antitrust enforcement action before FTC administrative law judges, who are insulated from removal by double for-cause restrictions (meaning that both the ALJs and their supervisors are subject to for-cause removal restrictions), a structure that the Supreme Court held unconstitutional in Free Enterprise Fund v. Public Company Accounting Oversight Board. Rather than go through an administrative enforcement process it considered unacceptable, Axon filed suit in district court seeking to enjoin FTC proceedings as unconstitutional. That lawsuit focused on constitutional issues collateral to the underlying antitrust issues.

The district court dismissed the suit for want of jurisdiction, concluding that Congress had implicitly precluded district-court jurisdiction over such actions by creating an alternative review scheme that bypasses district courts and vests judicial review of FTC cease-and-desist orders directly in the courts of appeals. A divided panel of the U.S. Court of Appeals for the 9th Circuit affirmed. The majority noted that every other circuit that has addressed a similar issue has concluded that district courts lack jurisdiction. But even the majority acknowledged that, [a]s the dissent cogently points out, it makes little sense to force a party to undergo a burdensome administrative proceeding to raise a constitutional challenge against the agencys structure before it can seek review from the court of appeals, and it said that if the court were writing on a clean slate, [it] would agree with the dissent. Judge Patrick Bumatay, in dissent, argued that district courts properly have jurisdiction over certain due process and equal protection challenges Axon asserted, as well as over its constitutional challenges to the tenure protections afforded to FTC ALJs. Before the Supreme Court, Axon argues as a statutory matter that Congress did not deprive district courts of jurisdiction over such claims, and argues that the structure of the FTC, including its dual-layer for-cause removal restrictions for ALJs, violates the Constitution.

Last up: Looks like Oklahoma will have to update its environmental impact statement for its blizzard of petitions seeking to overrule the Supreme Courts decision in McGirt v. Oklahoma holding that eastern Oklahoma remains a Native American reservation, because there is yet another relisted case raising the issue: Oklahoma v. Perales, 21-704. And just for the record, in addition to its 34 relisted petitions, Oklahoma has still more petitions raising the very same issue that are scheduled to be considered at conference for the first time this Friday. If the relists continue, those cases will be mentioned in future installments.

Thats all for this week. Until next time, stay safe!

Axon Enterprise, Inc. v. Federal Trade Commission, 21-86Issues: (1) Whether Congress impliedly stripped federal district courts of jurisdiction over constitutional challenges to the Federal Trade Commissions structure, procedures, and existence by granting the courts of appeals jurisdiction to affirm, enforce, modify, or set aside the Commissions cease-and desist orders; and (2) whether, on the merits, the structure of the Federal Trade Commission, including the dual-layer for-cause removal protections afforded its administrative law judges, is consistent with the Constitution.(rescheduled before the Nov. 5, Nov. 12, Nov. 19, Dec. 3, Dec. 10 and Jan. 7 conferences; relisted after the Jan. 14 conference)

Gordon College v. DeWeese-Boyd, 21-145Issues: (1) Whether professors at religious colleges perform ministerial functions when the college exists to spread its faith, and the college requires faculty, as a primary component of their position, to integrate Christian doctrine into their work and academic disciplines, engage in teaching and scholarship from a decidedly religious perspective, and serve as advisors and mentors for student spiritual formation; and (2) whether the First Amendment requires courts to defer to the good-faith characterization of a ministerial position by a religious organization or church.(rescheduled before the Dec. 3, Dec. 10 and Jan. 7 conferences; relisted after the Jan. 14 conference)

Texas v. Commissioner of Internal Revenue, 21-379Issues: (1) Whether an agency rule delegating rulemaking authority to a private entity violates the nondelegation doctrine; and (2) whether the statute of limitations applicable to a challenge to an agency rule that delegates rulemaking authority to a private entity starts to run when the agency delegates the authority or when the private entity exercises the delegated authority.(rescheduled before the Dec. 10 and Jan. 7 conferences; relisted after the Jan. 14 conference)

McCarthy v. Pelosi, 21-395Issue: Whether the speech-and-debate clause forecloses judicial review of the constitutionality of the proxy voting resolution in this action against the speaker of the house, the clerk and the sergeant-at-arms; and (2) whether the U.S. House of Representatives resolution allowing members to cast floor votes by proxy is unconstitutional.(rescheduled before the Dec. 10 and Jan 7 conferences; relisted after the Jan. 14 conference)

Oklahoma v. Perales, 21-704Issue: Whether McGirt v. Oklahoma should be overruled.(relisted after the Jan. 14 conference)

Knight v. Pennsylvania, 20-7805Issue: Whether a state may require a defendant to present an IQ score of 75 or below that was documented prior to age 18 to have his intellectual disability claim considered as a basis to disqualify him from the death penalty, when this requirement is contrary to clinical standards for diagnosis and contrary to multiple decisions where the Supreme Court has granted relief to petitioners who lacked any such documentation.(relisted after the Oct. 29, Nov. 5, Nov. 12, Nov. 19, Dec. 3, Dec. 10, Jan. 7 and Jan. 14 conferences)

Holcombe v. Florida, 21-53Issues: (1) Whether a criminal defendant establishes an actual conflict of interest that adversely affects counsels representation when the attorney engages in joint and dual representation i.e., simultaneously representing both the defendant and a key prosecution witness during a trial; (2) whether the presumed prejudice conflict of interest standard applies when the prosecutor (rather than defense counsel) puts the trial judge on notice at the beginning of a trial of defense counsels conflict of interest a conflict which is described by the prosecutor as not waivable and the judge thereafter fails to inquire into the nature and scope of the conflict.(relisted after the Oct. 29, Nov. 5, Nov. 12, Nov. 19, Dec. 3, Dec. 10, Jan. 7 and Jan. 14 conferences)

Arrow Highway Steel, Inc. v. Dubin, 21-27Issues: (1) Whether the dormant commerce clause may be used to invalidate the application of a states neutral, non-discriminatory tolling statute to defeat the enforcement of a former residents stipulated judgment where there is no showing of any burden on or discrimination against interstate commerce; and (2) whether the dormant commerce clause applies to a state statute with no intended or demonstrated effect on interstate commerce.(relisted after the Dec. 3, Dec. 10, Jan. 7 and Jan. 14 conferences)

Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 20-1199Issues: (1) Whether the Supreme Court should overruleGrutter v. Bollingerand hold that institutions of higher education cannot use race as a factor in admissions; and (2) whether Harvard College is violatingTitle VIof the Civil Rights Act by penalizing Asian-American applicants, engaging in racial balancing, overemphasizing race and rejecting workable race-neutral alternatives.CVSG: 12/8/2021(relisted after the Jan. 7 and Jan. 14 conferences)

Students for Fair Admissions, Inc. v. University of North Carolina, 21-707Issues: (1) Whether the Supreme Court should overruleGrutter v. Bollingerand hold that institutions of higher education cannot use race as a factor in admissions; and (2) whether a university can reject a race-neutral alternative because it would change the composition of the student body, without proving that the alternative would cause a dramatic sacrifice in academic quality or the educational benefits of overall student-body diversity.(relisted after the Jan. 7 and Jan. 14 conferences)

Wisconsin v. Jensen, 21-210Issues: (1) Whether a persons statement expressing fear about a possible future crime is testimonial under the Sixth Amendments confrontation clause; and (2) whether, when a person reports ongoing psychological domestic abuse and expresses fear about future physical harm, the persons statement aimed at ending an ongoing emergency is non-testimonial.(relisted after the Jan. 7 and Jan. 14 conferences)

Haaland v. Brackeen, 21-376Issues: (1) Whether various provisions of the Indian Child Welfare Act of 1978 namely, the minimum standards ofSection 1912(a), (d), (e), and (f); the placement-preference provisions ofSection 1915(a) and (b); and the recordkeeping provisions ofSections 1915(e)and1951(a) violate the anticommandeering doctrine of the 10th Amendment; (2) whether the individual plaintiffs have Article III standing to challenge ICWAs placement preferences for other Indian families and for Indian foster home[s]; and (3) whether Section 1915(a)(3) and (b)(iii) are rationally related to legitimate governmental interests and therefore consistent with equal protection.(relisted after the Jan. 7 and Jan. 14 conferences)

Cherokee Nation v. Brackeen, 21-377Issues: (1) Whether the en banc U.S. Court of Appeals for the 5th Circuit erred by invalidating six sets of Indian Child Welfare Act provisions 25 U.S.C. 1912(a), (d), (e)-(f),1915(a)-(b), (e), and1951(a) as impermissibly commandeering states (including via its equally divided affirmance); (2) whether the en banc 5th Circuit erred by reaching the merits of the plaintiffs claims that ICWAs placement preferences violate equal protection; and (3) whether the en banc 5th Circuit erred by affirming (via an equally divided court) the district courts judgment invalidating two of ICWAs placement preferences, 25 U.S.C. 1915(a)(3), (b)(iii), as failing to satisfy the rational-basis standard ofMorton v. Mancari.(relisted after the Jan. 7 and Jan. 14 conferences)

Texas v. Haaland, 21-378Issues: (1) Whether Congress has the power under the Indian commerce clause or otherwise to enact laws governing state child-custody proceedings merely because the child is or may be an Indian; (2) whether the Indian classifications used in theIndian Child Welfare Actand its implementing regulations violate the Fifth Amendments equal-protection guarantee; (3) whether ICWA and its implementing regulations violate the anticommandeering doctrine by requiring states to implement Congresss child-custody regime; and (4) whether ICWA and its implementing regulations violate the nondelegation doctrine by allowing individual tribes to alter the placement preferences enacted by Congress.(relisted after the Jan. 7 and Jan. 14 conferences)

Brackeen v. Haaland, 21-380Issues: (1) Whether theIndian Child Welfare Act of 1978s placement preferences which disfavor non-Indian adoptive families in child-placement proceedings involving an Indian child and thereby disadvantage those children discriminate on the basis of race in violation of the U.S. Constitution; and (2) whether ICWAs placement preferences exceed Congresss Article I authority by invading the arena of child placement the virtually exclusive province of the States, as stated inSosna v. Iowa and otherwise commandeering state courts and state agencies to carry out a federal child-placement program.(relisted after the Jan. 7 and Jan. 14 conferences)

Sackett v. Environmental Protection Agency, 21-454Issue: WhetherRapanos v. United States in which the Supreme Court held that theClean Water Actdoes not regulate all wetlands, but without a majority opinion explaining why that is so should be revisited to adopt the pluralitys test for wetlands jurisdiction under the Clean Water Act, in which only those wetlands that have a continuous surface water connection to regulated waters may themselves be regulated.(relisted after the Jan. 7 and Jan. 14 conferences)

National Pork Producers Council v. Ross, 21-468Issues: (1) Whether allegations that a state law has dramatic economic effects largely outside of the state and requires pervasive changes to an integrated nationwide industry state a violation of the dormant commerce clause, or whether the extraterritoriality principle described in the Supreme Courts decisions is now a dead letter; and (2) whether such allegations, concerning a law that is based solely on preferences regarding out-of-state housing of farm animals, state a claim underPike v. Bruce Church, Inc.(relisted after the Jan. 7 and Jan. 14 conferences)

303 Creative LLC v. Elenis, 21-476Issues: (1) Whether applying a public-accommodation law to compel an artist to speak or stay silent, contrary to the artists sincerely held religious beliefs, violates the free speech or free exercise clauses of the First Amendment; and (2) whether a public-accommodation law that authorizes secular but not religious exemptions is generally applicable underEmployment Division v. Smith, and if so, whether the Supreme Court should overruleSmith.(relisted after the Jan. 7 and Jan. 14 conferences)

Love v. Texas, 21-5050Issues: (1) Whether Texas Court of Criminal Appeals, the only court of last resort reviewing direct appeals in death penalty cases, has decided an important federal question concerning a racially biased juror being allowed on a capital death penalty jury in violation of petitioner Kristopher Loves rights under the Sixth and 14th Amendments to the United States Constitution; and (2) whether Texas Court of Criminal Appeals, the only court of last resort reviewing direct appeals in death penalty cases, has decided an important federal question concerning a racially biased juror in a way that conflicts with relevant decisions of the Supreme Court in violation of Loves rights under the Sixth and 14th Amendments to the United States Constitution.(relisted after the Jan. 7 and Jan. 14 conferences)

Oklahoma v. Brown, 21-251;Oklahoma v. Kepler, 21-252;Oklahoma v. Hathcoat, 21-253;Oklahoma v. Mitchell, 21-254;Oklahoma v. Jackson, 21-255;Oklahoma v. Starr, 21-257; Oklahoma v. Davis, 21-258;Oklahoma v. Howell, 21-259;Oklahoma v. Bain, 21-319;Oklahoma v. Perry, 21-320;Oklahoma v. Johnson, 21-321;Oklahoma v. Harjo, 21-322;Oklahoma v. Spears, 21-323;Oklahoma v. Grayson, 21-324;Oklahoma v. Janson, 21-325;Oklahoma v. Sizemore, 21-326;Oklahoma v. Ball, 21-327;Oklahoma v. Epperson, 21-369;Oklahoma v. Stewart, 21-370;Oklahoma v. Jones, 21-371 ;Oklahoma v. Cooper, 21-372;Oklahoma v. Beck, 21-373;Oklahoma v. Jones, 21-451;Oklahoma v. McCombs, 21-484;Oklahoma v. McDaniel, 21-485;Oklahoma v. Shriver, 21-486;Oklahoma v. Martin, 21-487;Oklahoma v. Fox, 21-488;Oklahoma v. Cottingham, 21-502;Oklahoma v. Martin, 21-608Issue: Whether McGirt v. Oklahoma should be overruled.(relisted after the Jan. 7 and Jan. 14 conferences)

Oklahoma v. Williams, 21-265; Oklahoma v. Mize, 21-274;Oklahoma v. Castro-Huerta, 21-429Issues: (1) Whether a state has authority to prosecute non-Indians who commit crimes against Indians in Indian country; and (2) whether McGirt v. Oklahoma should be overruled.(relisted after the Jan. 7 and Jan. 14 conferences)

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Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more - SCOTUSblog

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Frank Boyett column: Multiple gambling indictments failed to score in 1947 – The Gleaner

Posted: at 11:29 pm

Frank Boyett| Special to The Gleaner

The grand jury indicted nearly two dozen people on gambling charges in January 1947, but the indictments were later quashed on a technicality. One of their defenses was that the prosecutor had hand-picked the grand jury.

That legal battle marked the first time the issue of women being excluded from jury duty was raised. It took another decade for local women and Blacks to win equal footing in deciding the fate of their fellow human beings.

The re-trial of Charles Sitton, the youth who shot and killed police officer Jack Rainier Nov. 21, 1955, prompted Blacks and women to be included in the jury pool in May 1956. No women heard that case, although Black funeral home operator Charles A. Reeder was seated on that jury.

Henderson news: COVID numbers hit all-time high in Henderson area with nearly 3,100 new cases reported

Cornelia Brown was the first woman to serve on a jury locally when she helped decide an auto accident case in mid-June 1956.

But the issue of women on juries was almost an afterthought in the courtroom drama about gambling in early 1947. Most of the lawyers representing the multiple defendants did not consider that issue worthy of raising in their arguments. The sole exception was L.C. Flournoy.

The Gleaner picked up on the indictments in its Jan. 9, 1947, issue although the problems involved had begun two months earlier. (It was the fourth batch of gambling indictments prior to the last one in 1951; others had been in 1940, 1941 and 1943.)

Those indicted included Art Bridges, Starling McClure, Clarence Fambrough, Roy C. Freels, Allen Wilson, Paul Barr, Clyde Langford, Aubrey Richardson, Robert and Frederick Nichols, and Henry Steinwachs,

Also, Robert J. Bennett, Otto Bunch, James and Anna F. Head, J.C. and Kate Ligon, Thomas Jennings, G.T. OBryan, Carl Pearson, Clarence Wood, and Oswald Poss Coomes.

Those named had been operating slot machines although a few others who were not named had been indicted for operating crap games. Most of them were owners of nightclubs or taverns.

The defense attorneys responded by filing motions to quash the indictments, which was reported in The Gleaner of Jan. 21. The motions were almost identical, except for Flournoys, who noted there were 1,652 women on the tax rolls then but they had been excluded from participation in the jury selection process.

State law mandated the circuit judge to create a jury commission at the beginning of each year, which was responsible for creating a jury pool of more than 500 property owners, although the pool and the grand jury drawn from it werent legitimate until the judge had signed off on them.

More: Biden administration takes action on toxic coal ash plaguing Kentucky and Indiana

The names of those in the jury pool were to be placed in a wheel and the grand jury and the petit juries for each year were created by names drawn by the judge from that wheel after it was tumbled. The judge was supposed to keep the key that locked the wheel, while the circuit court clerk was to keep the wheel and the envelope with the grand jurors names.

The defense attorneys alleged that the grand jury had been illegally created because that process was not followed the judge never signed off on the jury. Another thorny issue was that County Attorney Allen Rhoads had been present in the jury room while the jury commission was working.

As it turned out, Rhoads wasnt the only one. The only people who were supposed to be in the room were the jury commissioners, who had been appointed by Circuit Judge Marlin Blackwell Nov. 8, 1946. Later testimony revealed that Tax Commissioner Waverlie Crafton as well as Ditch Commissioner Walter Kellen were also in the jury room.

Furthermore, the Jan. 30 edition reported that Circuit Court Clerk Karl Doc Hosbach said the grand jury had not been composed of the first 12 names on the list provided by the jury commission. He said he had skipped around in selecting jurors. He declined to answer when asked who had asked him to skip around.

At that point, the county attorney stood up and clarified he had told Hosbach to do that. He also conceded he had given a list of prospective grand jury members to jury commissioner John W. Gregory, who also took the stand.

Gregory testified there were three different lists of good men in the room while the jury commissioners were working. If names on those lists also were taxpayers, he said, they were added to the jury pool.

Gregory also noted the commissioners agreed among themselves not to use the names of women.

Another member of the jury commission was City School Board Chairman James F. Meyer, who said he had a list given to him by Waverlie Crafton and Richard S. Staples.

The third jury commissioner, Omer Campbell, conceded the wheel and its key were not delivered to the circuit judge as required by law. Instead, both were given to Hosbach. One reason for that, perhaps, is that Judge Blackwell had been sick at his home in Dixon for weeks.

Madisonville Circuit Judge B.N. Gordon subsequently heard the case. He upheld the state on every issue except for the mishandling of the wheel and its key, which he said endangered the sanctity of the whole jury system.

That prompted him to quash the indictments, although he said the cases could be submitted later to the May grand jury. (Thats exactly what happened, although virtually all the cases were eventually dismissed.)

Meanwhile, acting Judge Gordon had formed a new jury commission, according to The Gleaner of Jan. 24. They were Henry Taylor, Emory Cottingham and J.I. Farley. The judge instructed them on the niceties of their task and took care to point out it is legal to choose names of women who are taxpayers and housekeepers in the county to go into the wheel.

During the lengthy hearing right before the judge quashed the indictments, one of the defense attorneys, N. Powell Taylor, said he had seen no indication that any official had acted with criminal intent in creating the jury commission and the jury pool, although, They may have acted improperly.

The Gleaner carried two letters to the editor about the issue and the first was published Jan. 25. Art Nestler said he found it incongruous that the owners of nightclubs were being indicted for having slot machines, while private fraternal clubs doing the same thing but were considered untouchable.

Doing it behind closed doors is the same thing and any grand jury who fails to indict them all is very discriminating.

The second was by George D. Haas and it appeared Feb. 5: In my opinion the jury was selected in the same manner that it has been for years. It is surprising to me that as an intelligent group of lawyers (who) were opposing the way the grand jury was selected, that they were just now finding out that it was not done according to law.

A fellow in Dixon apparently couldnt get enough marital bliss.

Robert F. Donaldson was in jail there, according to The Gleaner of Jan. 28, 1922, because he married two additional wives in less than a week.

His first was Luda Dyer at Senaca, South Carolina, on April 9, 1921. The second was the daughter of a widow who ran a hotel at Shawneetown, Illinois, on Nov. 30. The final one was Lela Trice of Dixon on Dec. 5.

Henderson was among 15 cities in Kentucky who had taken advantage of federal money to train what we now call EMTs, according to The Gleaner of Jan. 30, 1972.

RN Gloria Fleming Sierra was the instructor for the local emergency medical technician class, which drew 19 participants initially. Dr. Dick Wham assisted with the program.

The course consisted of 25 lessons involving 71 hours of classroom training, plus ten hours of in-hospital observation, for a total of 81 hours.

Each lesson provides for practice of the skills taught in that lesson.

Owens Corning Fiberglas Corp. decided against building a plant here to manufacture insulation, ending two years of hope the community would land a $68 million facility that would employ 120 people, according to The Gleaner of Jan. 29, 1997.

The company had taken an option to buy 126 acres offered by the Economic Development Council but notified the EDC it would not exercise that option from the Termo Co. of Long Beach, California. The property is on Kentucky 136 next to the Henderson County Riverport.

The company had first come to the publics attention in early 1995 when it received the state of Kentuckys approval for $30 million in tax breaks if it located here.

Readers of The Gleaner can reach Frank Boyett at YesNews42@yahoo.com or on Twitter at @BoyettFrank.

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PENN: 2 Casino & Gambling Stocks Wall Street Predicts Will Rally More Than 70% – StockNews.com

Posted: at 11:29 pm

The COVID-19 pandemic-led restrictions proved to be a massive hurdle for the casino & gambling industry, as physical casinos were forced to remain closed. However, companies providing online gambling services were able to generate significant returns. Along with rising demand for online gambling, the reopening of physical casinos with fast-paced vaccinations should drive the industrys growth in the upcoming months. According to Research and Markets, the global online gambling market is expected to reach $112.09 billion in 2025, growing at a CAGR of 12%.

Moreover, New York Governor Kathy included a plan to bring legal casino gambling to New York Citys $216.3 billion budget proposal. In addition, the State Gaming Commission recently launched legal, app-based sports betting across the Empire State. With the increasing legalization of gambling across the country, many companies operating in this space are well-positioned to benefit.

Given this backdrop, Wall Street analysts expect gambling stocks Penn National Gaming, Inc. (PENN) and Ballys Corporation (BALY) to rally more than 70% in the next 12 months.

Penn National Gaming, Inc. (PENN)

PENN owns and manages 41 gaming and racing properties in 19 states and operates video gaming terminals. It operates through four segments: Northeast; South; West; and Midwest. It also owns various trademarks and service marks, including Ameristar, Argosy, Boomtown, and Greektown.

On December 22, 2021, PENN launched the Hollywood Casino Morgantown, the fourth gaming and entertainment facility in Pennsylvania. Todd George, PENNs Executive Vice President of Operations, said, This next-level technology, which is in place at all four of our Pennsylvania casinos, further supports our omnichannel business approach in which we provide the best experiences whether people are playing at our properties or across our numerous online offerings.

PENNs total revenues increased 33.8% year-over-year to $1.51 billion for the third quarter ended September 30, 2021. Its adjusted EBITDA grew 6% year-over-year to $364.30 million. Also, the companys cash and cash equivalents came in at $2.73 billion for the period ended September 30, 2021, compared to $1.85 billion for the period ended December 31, 2020.

Analysts expect PENNs EPS to come in at $0.54 for the quarter ended December 31, 2021, representing a 671.4% year-over-year increase. The companys revenue is expected to increase 29.3% year-over-year to $1.47 billion for the quarter ending March 31, 2022. Wall Street analysts expect the stock to hit $72.69 in the near term, which indicates a potential upside of 73.4%.

Ballys Corporation (BALY)

BALY owns and operates gaming and racing facilities in the United States. Its gaming and racing facilities include slot machines and various casino table games, and restaurant and hotel facilities. It owns and operates 12 casinos that comprise 13,308 slot machines, 460 game tables, and 3,342 hotel rooms, as well as a horse racetrack across eight states.

On November 8, 2021, BALY announced that it had been awarded one of nine licenses to conduct online sports betting in the State of New York. With New Yorks major professional sports franchises consisting of some of the most storied teams in all of the sports, as well as a diverse base of devoted sports fans, this license provides BALYs with significant opportunities to showcase its best-in-class sports betting platform and augment its player database.

BALYs total revenues increased 169.9% year-over-year to $314.78 million for the third quarter ended September 30, 2021. Its adjusted EBITDA grew 105.3% year-over-year to $77.98 million. Also, the companys retail casinos net income came in at $49.39 million, up 123.6% year-over-year.

For the quarter ending March 31, 2022, analysts expect ASXs EPS and revenue to increase 256.7% and 226.4% year-over-year to $0.47 and $627.58 million, respectively. Wall Street analysts expect the stock to hit $59.86 in the near term, which indicates a potential upside of 103.9%.

PENN shares were trading at $40.92 per share on Friday afternoon, down $1.01 (-2.41%). Year-to-date, PENN has declined -21.08%, versus a -7.79% rise in the benchmark S&P 500 index during the same period.

Nimesh Jaiswal's fervent interest in analyzing and interpreting financial data led him to a career as a financial analyst and journalist. The importance of financial statements in driving a stocks price is the key approach that he follows while advising investors in his articles. More...

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Sports betting will keep booming in 2022, but some see risks in growth – The Philadelphia Inquirer

Posted: at 11:29 pm

When the federal ban on sports wagering was rescinded in 2018, there was a sprint to the marketplace, with states eager to leap headfirst into the gambling business. And since then, there has been a steady trickle of new states opening their doors to gambling operators such as Caesars and MGM.

Some 112 million Americans more than a third of the population can now legally wager on sports without leaving their couch. Another 50 million need only hop in their car to place an in-person bet.

But these are still the early days of sports gambling in the United States, and industry stakeholders expect 2022 to be another boom year, with many of the most populous states moving toward legalization.

New York launched mobile betting this week. Bettors in three states, including Ohio, should be able to start placing bets later this year, joining 29 states where sports betting is already legal. While Florida continues to iron out legal wrinkles, efforts by lawmakers in Georgia, North Carolina, and Massachusetts are expected to heat up. And the matter could finally go before California voters by the end of the year.

"There's been a huge growth, but those states are major swings in how big the legal U.S. market will be," said Christopher Halpin, the NFL's executive vice president and chief strategy and growth officer.

Leagues began preparing as soon as it became clear the Professional and Amateur Sports Protection Act, the 1992 law that made sports betting illegal everywhere but Nevada, was vulnerable. Unyieldingly resistant not long ago, U.S. sports leagues now embrace sports gambling as a commercial boon and a way to connect with fans, especially young ones. New business partnerships are announced weekly, and teams and leagues have continually explored ways to tailor game-day experiences both in-person and on television to would-be bettors.

More than $87 billion has been legally wagered on sports since the Supreme Court struck down the law, according to industry site LegalSportsReport.com, and some 40 million Americans were expected to place bets on the NFL regular season that ended last weekend. While many felt the PASPA repeal would simply give existing gamblers a legal avenue to place bets, early returns suggest many new bettors have been enticed to make wagers and all gamblers are taking advantage of new, easily accessible betting options.

Nearly every state continues to see year-to-year growth. New Jersey alone fielded $1.26 billion in sports wagers in November, up more than 25% from the previous year. In September, the National Council on Problem Gambling released a study that showed the number of Americans who bet on sports grew by 30% in an 18-month period, an increase of 15.3 million bettors.

But as operators race to set up shop in every new state that comes online, some fear the pace and patchwork nature of state-by-state laws are failing to create a proper safety net.

Were still in the first inning of a lot of this stuff, said Keith Whyte, executive director of the NCPG, making it too early to tell the impact and severity of gambling addiction. But his organizations research suggests the risk of problem gambling has doubled since 2018 and is highly concentrated on young male sports fans online.

"The signs we're seeing are very troubling," he said.

Even before the ban on sports betting fell, sports league executives say they knew they would have to play an active role in shaping the legal marketplace. They would need to help craft legislation, partner with sportsbooks and encourage stakeholders to operate within certain guardrails.

"We always say, 'If they break it, we still own it,' " said Halpin, "and we're as exposed as the worst sportsbook in the worst market."

The NFL studied international gambling markets and conducted extensive fan research. They wanted to learn from any missteps in Europe and Australia, where sports betting has been legal for decades, and make sure they were able to reach potential gamblers without offending fans who have no interest in wagering.

By mid-2018, as the United States dipped its toes in the gambling waters, more mature markets were already scaling back. In Great Britain, government officials began to review regulations, and soccer leagues, anticipating a rollback, started preemptively curtailing some gambling activities. Sportsbooks there have limited advertising opportunities during matches, and many expect English soccer teams to soon face a ban on gambling logos on uniforms and limits on gambling signage in stadiums.

"They've had to react to some of the backlash and put some of those things in place," said Casey Clark, senior vice president of the American Gaming Association, the gambling industry lobbying group. "We're not ever going to be in that position because we're kind of light-years ahead of where they were at this point of their maturity."

In the United States, gambling commercials are now staples of sports programming, as much as light beer, pickup trucks, or running shoes. Viewers have taken notice: The Federal Communications Commission has fielded a steady stream of complaints related to sports gambling advertisements in recent months, its records show.

This is a potentially dangerous situation, wrote someone from Waynesboro, Va.

When are you going to ban the sports gambling ads as you did cigarettes? Addiction is real and these ads are fueling gambling addiction, another viewer said. The ads are worse than irresponsible.

The major American sports leagues limit the number of commercials permitted during a game broadcast. The NFL only allows one ad per quarter, for example, in addition to one pregame and one at halftime. The proliferation of sports gambling advertising typically comes outside the three-hour game window, particularly in commercial blocks controlled by the local stations. Competitive gambling markets such as New Jersey, Michigan, and Colorado can be inundated with ads from area sportsbooks vying for customers.

"It's like a political season because they'll just sell the ad to whoever has the highest and most demand," said Halpin, who has led the NFL's gambling efforts but is leaving the league this month to become chief financial officer of digital media holding company IAC. "Local sports betting operators can pay more than anybody else."

Sports media companies are neck-deep in the gambling business. Barstool Sports operates a sportsbook available in 11 states, and Fox Bet is available in four states; its pick-six promo has been a part of the Fox football broadcast each Sunday. And ESPN has been exploring licensing deals with gambling operators that could net the company $3 billion, according to the Wall Street Journal.

Still, league officials see value in splintering their offerings creating content that caters to a gambling audience but doesnt detract or replace what fans are accustomed to.

The NFLs research found that while 42% of its fan base comprised at least casual bettors, one in five actively objects to sports gambling. So the league encourages its television partners not to tailor game broadcasts to gamblers.

The NBA launched a gambling-focused simulcast of games called NBABet Stream, which airs select games for NBA TV and League Pass subscribers. It also has studio programming and social media initiatives aimed at gamblers.

"Sports betting should be an opt-in experience for those who are interested in sports betting," said Scott Kaufman-Ross, the NBA's senior vice president in charge of gaming initiatives. "We want to make that a part of their experience, but for those who aren't interested in it, we don't want to push it on them."

Whyte, of the National Council on Problem Gambling, said its call centers have never been busier, and hes increasingly concerned about the influx of new bettors and the lack of resources for problem gamblers.

Regulations and resources vary from state to state. Bettors must be 21 to register with an online sportsbook in Virginia. But just across the Potomac River, they only need to be 18 in the District of Columbia.

The money and resources devoted to problem gambling vary from state to state, too. Some earmarked significant money to hotlines, treatment programs, and counseling, while others allocated nothing.

In a recent survey, the NCPG found that the risk of problem gambling increased most among young gamblers and those who play daily fantasy sports. Whyte said he sees operators targeting young bettors and potentially grooming underage potential bettors. Teenagers can sign up for a free fantasy sports account, for example, effectively turning over personal information to a gambling operator, which can pounce as soon as the customer is old enough to place a bet.

"In the conversations we have with leagues, I think they've been unpleasantly surprised at all the gaps in the safety net," Whyte said. "I think that a lot of leagues and a lot of their owners took the industry's assertions at face value: 'Oh, we've got this responsible gambling thing covered. Don't worry. It's all good.' "

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Department of Drug and Alcohol Programs Releases Report on Impact of Interactive Gaming in Pennsylvania – Governor Tom Wolf

Posted: at 11:29 pm

Harrisburg, PA - Today, the Pennsylvania Department of Drug and Alcohol Programs (DDAP), Penn State University (PSU), and the Pennsylvania Gaming Control Board (PGCB) released the first-of-its-kind report analyzing the impact of Interactive Gaming, also referred to as online gambling or iGaming in Pennsylvania.

This report will assist DDAP in its mission to assess and address how gambling behaviors impact compulsive and problem gambling within the commonwealth, said Secretary Jen Smith. We want to ensure we are offering all the resources we can at the state level to anyone who may be experiencing problem gambling behaviors. Knowing the current iGaming trends in the state will help DDAP make informed decisions and help to spread awareness that treatment and resources are available to help when this recreational hobby becomes a more serious problem.

Under Act 42 of 2017, which legalized interactive gaming in Pennsylvania, DDAP is required to complete an assessment and report on the impact of interactive gaming in the commonwealth. This was the first year for the completion of the assessment and report compilation. Funding for this report is provided by law through fees the PGCB assesses from interactive gaming licensees.

Penn State and the Criminal Justice Research Center is enthusiastic about this partnership with the Department of Drug and Alcohol Programs and the Pennsylvania Gaming Control Board, said Dr. Glenn Sterner, Assistant Professor of Criminal Justice, Penn State University. By collecting these data on a yearly basis, we can ensure an accurate understanding of the impact of this policy change on our Pennsylvania communities. If interventions are required, this assessment will help to guide a data-driven response.

The findings of this report were generated from a survey of more than 1,100 individuals across Pennsylvania throughout 2020-21 and indicate:

The findings of the report emphasize the PGCBs long-standing priority in assisting individuals who develop compulsive gambling issues including our efforts to provide information and effective tools such as the PGCBs Self-Exclusion programs, said Elizabeth Lanza, PGCBs Office of Compulsive and Problem Gambling Director. I also believe that findings in this and subsequent reports can provide critical information to prevention professionals and to those in the treatment community who are assisting individuals on their path to recovery.

Gambling, even through legal avenues, becomes a problem when individuals begin to develop strained relationships with loved ones, borrow money to gamble, gamble to experience a high or feeling, miss work, school, or other activities and obligations in order to gamble. These behaviors can have a serious impact on a persons financial, physical, and mental health. Other symptoms of problem gambling include trying to hide or lying about gambling, using gambling as an escape to avoid dealing with other problems, and feeling like the habit is out of control but being unable to stop.

Pennsylvanias Self-Exclusion Program allows an individual to request to be excluded from legalized gaming activities including iGaming and those within a casino and offsite venues. More information on the program and ways to identify problem gambling can be found through the PGCBs website specific to its efforts in compulsive and problem gaming.

Individuals seeking compulsive or problem gambling treatment can call Pennsylvanias helpline at 1-800-GAMBLER (1-800-426-2537). This helpline is available 24 hours a day, 365 days a year to connect callers with local resources in their community. A live chat option is also available online or via text message at 1-800-522-4700 for those seeking help who may not be comfortable speaking to a helpline operator.

For more information on problem gambling resources, visit ddap.pa.gov.

MEDIA CONTACT: Stephany Dugan - ra-dapressoffice@pa.gov

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Thousands of student gambling addicts spending 30 a week on habit – The Guardian

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Thousands of student gambling addicts are spending an average of 30 a week on betting, racking up debts and missing out on university life to fund their habit, research has found.

In a survey of 2,000 students, 80% said they gambled, with 35% of those who did admitting using their student loan, bank overdrafts, borrowing from friends or taking out payday loans.

Of those who gambled, 41% said it had led to them missing lectures, assignment deadlines or social activities.

There are about 2.5 million students in the UK, indicating that hundreds of thousands are suffering financial or social harm due to gambling.

Students reported spending 31.52 on betting in a week on average, while almost 20% admitted to spending more than 50. They were asked how much they spent on gambling, without a distinction being made between deposits and losses.

The most popular product was the National Lottery (32%), including casino-style instant win smartphone games, followed by online sports betting (25%) and online bingo (18%).

The report, by the YGAM youth gambling charity and Gamstop, the national tool for gamblers who want to bar themselves from online betting and gaming, built on previous research that found that 88,000 students have a problem.

Martin Jones son, Josh, took his own life in 2015 after becoming addicted to gambling while doing his A-levels and later getting into financial difficulty at university.

He went up to halls of residence and within 10 days hed blown his first terms loan, which was about 1,200, said Jones.

Jones and his wife, Kim, ended up having to manage their sons finances for the duration of his time studying maths at the University of Surrey.

He got a job with the accounting firm PricewaterhouseCoopers shortly after leaving university but was unable to escape the gambling addiction. He took his own life aged 23 after running up debts of 30,000.

Bray Ash, 29, who is studying mental health nursing at Kings College London, having previously studied at Leeds University, also blew his student loan.

It took over my life I wasnt studying, I was just sitting in my halls gambling, he said.

[During] my second year of university, I ended up gambling away my student loan in the first 24 hours.

It is important that students have access to organisations, such as YGAM, to educate them about gambling and provide support and that they are aware of essential tools such as self-exclusion if they are experiencing problems with their gambling. I know that it would have benefited me when I was at my lowest point.

A spokesperson for the Betting & Gaming Council (BGC) said the majority of gambling among young people was on scratchcards, the lottery and private betting, not with BGC members.

The BGC also funds the 10m Young Peoples Gambling Harm Prevention Programme, delivered by leading charities YGAM and GamCare, which is being delivered to every 11- to 19-year-old in the UK, and those working with them, said a spokesperson.

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Odds are in favour of tighter new laws on gambling – Audrey Ferrie – The Scotsman

Posted: at 11:29 pm

The existing Gambling Act 2005 came into force in 2007 but it is widely recognised that current legislation needs a refresh to bring it up to date and to make it fit for the digital age.

The 2005 Act swept aside the demand test for betting shops, casinos and bingo halls and arguably created a more open and permissive regime, since supercharged with the advent of online gambling which made betting even more accessible.

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Gambling legislation is a reserved matter and in December 2020 Westminster announced a review of the 2005 Act, generating some 16,000 responses to a call for evidence, which will be taken into account in setting out proposed changes.

Im not a betting woman but the odds are in favour of new laws focusing on protecting the vulnerable, including children, young people in the 18-25 age group and gambling addicts.

Online gambling platforms may have to introduce stricter age verification checks a lot of the large gambling companies have already spent vast sums on verification software, but this is not compulsory so there could be some form of mandate.

Affordability checks is another hot topic. While it would not be feasible or proportionate, for example, to apply affordability checks on large one-off bets on a classic race like the Grand National, a red flag should be raised with an operator if an online gambler who typically spends 500 a week ups his or her weekly tally to 2000. While arguably more intrusive, it may be that checks are required to verify that a clients source of funds is above board and sustainable, by delving into areas like employment status, salary and income.

Better sharing of data would enable greater oversight of gambling addicts who often have multiple accounts spread over a number of vendors. A multi-operator self-exclusion scheme, known as Gamstop, goes some way to addressing this issue but it operates on a voluntary basis, whereas compulsory data sharing could facilitate a single customer view solution.

Restrictions on advertising at sports events and sponsorship of sports clubs could be a mainstay of the White Paper. There is a voluntary ban in place on advertising during football matches but this could become more wide-ranging - which will not be welcomed by cash-strapped football clubs, particularly in Scotlands lower leagues where every penny is a prisoner.

Securing consumer redress from gambling companies who are alleged to have treated a client unfairly (usually refusing to pay out) has always been a thorny issue. While the Independent Betting Adjudication Service can investigate complaints, it has no powers to award compensation, so possibly the introduction of a gambling Ombudsman is on the cards.

The gaming industry recognises its societal responsibilities and accepts the 2005 Act needed to be reviewed, particularly regarding access that vulnerable people have to gambling. At the same time, gambling is a legal activity with many millions safely participating, so its about finding a balance between permitting those who can gamble safely and protecting those who are vulnerable.

Audrey Ferrie, Legal Director and licensing specialist at Pinsent Masons

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Odds are in favour of tighter new laws on gambling - Audrey Ferrie - The Scotsman

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30 men, 13 women nabbed for suspected involvement in illegal gambling activities – The Straits Times

Posted: at 11:29 pm

SINGAPORE - A total of 43 people between the ages of 22 and 81 have been arrested for their suspected involvement in illegal gambling activities.

The 30 men and 13 women were hauled up by the police in a series of operations conducted islandwide between Nov 20 last year and Jan 4.

On Nov 20, 2021, officers from the Bedok Police Division arrested eight men, aged between 26 and 72, who were allegedly gambling at a hawker centre at Bedok North Street 3. Officers also seized cash amounting to $580, believed to be involved in the offence.

In another operation conducted on Dec 18, four men and five women aged between 47 and 81 were arrested at Lorong 15 Geylang for allegedly gambling.

Preliminary investigations revealed that one of them, a 47-year-old man, was believed to have operated a common gaming house, while the rest were believed to be patrons.

On Dec 24, another four men and two women, aged between 46 and 70, were arrested at Lorong 16 Geylang. The unit was believed to be offering online casino and slots game.

Officers seized $1,885 in cash and computer equipment.

Another operation at a shophouse at Jalan Pinang on Jan 2 resulted in the arrest of seven men and five women, aged between 24 and 65.

Preliminary investigations indicated that one of them, a 37-year-old man, was believed to have operated the gambling den, while the rest were patrons. The police also seized 13 modified computers and about $3,300 cash for investigations.

On Jan 4, officers raided a shophouse in Verdun Road that was believed to be operating as an illegal gambling den, and arrested seven men and one woman aged between 22 and 59.

Two of them, a 22-year-old man and a 28-year-old woman, were believed to have operated the gambling den, while the other six were believed to be patrons. Cash amounting to more than $94,000 and gambling-related paraphernalia were seized.

Those managing a place to be used as a common gaming house can be fined between $5,000 and $50,000, and jailed for up to three years.

As for the patrons, any person convicted of an offence of gaming in a common gaming house can be fined up to $5,000, jailed for up to six months, or both.

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