December, 07 2015, 08:15am EDT
ALDF Calls for Full Disclosure of Factory Egg Farm Conditions by FDA
Court of Appeal arguments today on suit asserting agency is concealing information affecting public safety
SAN FRANCISCO
Today the Ninth Circuit Court of Appeals hears arguments by the Animal Legal Defense Fund (ALDF), the nation's leading legal advocacy organization for animals, on its lawsuit to compel the U.S. Food and Drug Administration (FDA) to produce inspection reports of factory egg farms without censoring important information about hen population and living conditions.
The Animal Legal Defense Fund filed a Freedom of Information Act ("FOIA") request in December 2011 to obtain information related to total hen population and population density at factory egg farms, which the FDA collects under the Egg Safety Rule but refuses to make public at the behest of the egg industry.
Conditions at factory farms have a direct bearing on food safety--high population density and unsanitary conditions are associated with diseases like Salmonella and bird flu--and animal welfare. The FDA redacted significant information in its FOIA response, contending that egg production information would cause competitive harm.
In 2013, a magistrate judge ordered the FDA to disclose information to ALDF regarding number of birds per cage, the first time a federal court has ordered the disclosure of records regarding factory farmed eggs. But the court denied ALDF's request for other information regarding conditions of confinement, including total hen population.
On appeal, ALDF is arguing that the FDA did not provide sufficient evidence of competitive harm to justify redacting information about animal confinement on factory egg farms. ALDF is also arguing that the magistrate judge improperly credited the FDA's witnesses over ALDF's own witnesses, and that ALDF was entitled to probe the FDA's theory of competitive harm by deposing executives in the egg industry who submitted declarations on the FDA's behalf.
"There is no such thing as too much transparency when it comes to our food supply," said Stephen Wells, executive director of Animal Legal Defense Fund. "The FDA should stop protecting the interests of the egg industry above the interests of the public. The FDA works for the American public and has an obligation to ensure the safety of the food we eat."
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'Discriminatory' North Carolina Law Criminalizing Felon Voting Struck Down
One plaintiffs' attorney said the ruling "makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society."
Apr 23, 2024
Democracy defenders on Tuesday hailed a ruling from a U.S. federal judge striking down a 19th-century North Carolina law criminalizing people who vote while on parole, probation, or post-release supervision due to a felony conviction.
In Monday's decision, U.S. District Judge Loretta C. Biggs—an appointee of former Democratic President Barack Obama—sided with the North Carolina A. Philip Randolph Institute and Action NC, who argued that the 1877 law discriminated against Black people.
"The challenged statute was enacted with discriminatory intent, has not been cleansed of its discriminatory taint, and continues to disproportionately impact Black voters," Biggs wrote in her 25-page ruling.
Therefore, according to the judge, the 1877 law violates the U.S. Constitution's equal protection clause.
"We are ecstatic that the court found in our favor and struck down this racially discriminatory law that has been arbitrarily enforced over time," Action NC executive director Pat McCoy said in a statement. "We will now be able to help more people become civically engaged without fear of prosecution for innocent mistakes. Democracy truly won today!"
Voting rights tracker Democracy Docket noted that Monday's ruling "does not have any bearing on North Carolina's strict felony disenfranchisement law, which denies the right to vote for those with felony convictions who remain on probation, parole, or a suspended sentence—often leaving individuals without voting rights for many years after release from incarceration."
However, Mitchell Brown, an attorney for one of the plaintiffs, said that "Judge Biggs' decision will help ensure that voters who mistakenly think they are eligible to cast a ballot will not be criminalized for simply trying to reengage in the political process and perform their civic duty."
"It also makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society, specifically Black voters who were the target of this law," Brown added.
North Carolina officials have not said whether they will appeal Biggs' ruling. The state Department of Justice said it was reviewing the decision.
According to Forward Justice—a nonpartisan law, policy, and strategy center dedicated to advancing racial, social, and economic justice in the U.S. South, "Although Black people constitute 21% of the voting-age population in North Carolina, they represent 42% of the people disenfranchised while on probation, parole, or post-release supervision."
The group notes that in 44 North Carolina counties, "the disenfranchisement rate for Black people is more than three times the rate of the white population."
"Judge Biggs' decision will help ensure that voters who mistakenly think they are eligible to cast a ballot will not be criminalized for simply trying to re-engage in the political process and perform their civic duty."
In what one civil rights leader called "the largest expansion of voting rights in this state since the 1965 Voting Rights Act," a three-judge state court panel voted 2-1 in 2021 to restore voting rights to approximately 55,000 formerly incarcerated felons. The decision made North Carolina the only Southern state to automatically restore former felons' voting rights.
Republican state legislators appealed that ruling to the North Carolina Court of Appeals, which in 2022 granted their request for a stay—but only temporarily, as the court allowed a previous injunction against any felony disenfranchisement based on fees or fines to stand.
However, last April the North Carolina Supreme Court reversed the three-judge panel decision, stripping voting rights from thousands of North Carolinians previously convicted of felonies. Dissenting Justice Anita Earls opined that "the majority's decision in this case will one day be repudiated on two grounds."
"First, because it seeks to justify the denial of a basic human right to citizens and thereby perpetuates a vestige of slavery, and second, because the majority violates a basic tenant of appellate review by ignoring the facts as found by the trial court and substituting its own," she wrote.
As similar battles play out in other states, Democratic U.S. lawmakers led by Rep. Ayanna Pressley of Massachusetts and Sen. Peter Welch of Vermont in December introduced legislation to end former felon disenfranchisement in federal elections and guarantee incarcerated people the right to vote.
Currently, only Maine, Vermont, and the District of Columbia allow all incarcerated people to vote behind bars.
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Roughly 4.3 million U.S. workers will now be eligible for overtime pay under a new rule finalized Tuesday by President Joe Biden's Labor Department—in stark contrast to his Republican predecessor's rules that severely limited the number of workers who were eligible for required compensation when they worked more than 40 hours per week.
Under the new rule, employers will be required to pay overtime premiums to salaried workers who work more than standard full-time hours if they earn less than $1,128 per week, or about $58,600 per year.
Former President Donald Trump, now the presumptive Republican presidential nominee, may now have to defend his 2020 rule that set the overtime pay threshold at just $35,500 per year, leaving out millions of workers.
U.S. Rep. Pramila Jayapal (D-Wash.) noted that the updated rule was "a major piece" of the Executive Action Agenda released by the Congressional Progressive Caucus, which she chairs.
"This is a HUGE pro-worker initiative by President Biden," said Jayapal. "Democrats are delivering for working people!"
Acting Labor Secretary Julie Su, who Biden has nominated to fill the role permanently, said it is "unacceptable" that lower-paid workers "are spending more time away from their families for no additional pay," while hourly workers are eligible for overtime pay.
"This rule will restore the promise to workers that if you work more than 40 hours in a week, you should be paid more for that time," said Su. "The Biden-Harris administration is following through on our promise to raise the bar for workers who help lay the foundation for our economic prosperity."
The Labor Department posted a chart on social media showing how under Trump's policy, only workers who earn less than $688 per week are eligible for required overtime pay. The full rule is set to go into effect in January 2025.
The chart offers a "good split screen with the GOP," saidSlate reporter Mark Joseph Stern.
"It isn't just that Trump's Department of Labor fought overtime pay—it's also that Trump appointed anti-labor judges who are about to block Biden's new rule," he said.
The former Republican president's appointed judges could also block a new Federal Trade Commission rule introduced on Tuesday, which blocks companies from including noncompete clauses in workers' contracts.
"Both reforms happened because of Biden and in spite of Republicans," said HuffPost labor reporter Dave Jamieson.
Along with the overtime rule, the Labor Department announced a new policy aimed at safeguarding people's retirement savings from their financial advisers' conflicts of interest.
The finalized retirement security rule requires "trusted investment advice providers to give prudent, loyal, honest advice free from overcharges," said the department. "These fiduciaries must adhere to high standards of care and loyalty when they recommend investments and avoid recommendations that favor the investment advice providers' interests—financial or otherwise—at the retirement savers' expense."
"Under the final rule and amended exemptions, financial institutions overseeing investment advice providers must have policies and procedures to manage conflicts of interest and ensure providers follow these guidelines," the agency said.
Liz Shuler, president of the AFL-CIO, said the nation's largest labor federation has "been pushing for the fiduciary and overtime rules since the Obama administration."
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More Than 4 Dozen Unions Demand 'End of Repression' of Columbia Protests
"The right to protest is necessary for every struggle, and the direct attack on this right is an attack on labor as well," said the labor groups. "An injury to one is an injury to all."
Apr 23, 2024
More than four dozen labor unions across numerous industries on Tuesday signed a letter expressing solidarity with students who have been suspended and arrested in recent days for protesting at Columbia University, including members of the on-campus labor group Student Workers of Columbia.
Unionized student workers in SWC-UAW 2710 were among the hundreds of picketers who have been protecting the Gaza Solidarity Encampment, which students set up at Columbia on April 17 to pressure administrators to divest from weapons manufacturers, tech companies, and other entities that benefit from Israel's apartheid policies in the occupied Palestinian territories.
The Ivy League institution, protesters say, will remain complicit in Israel's bombardment and blockade on Gaza, the killing of at least 34,183 Palestinians in the enclave since October, and the intentional starvation of dozens of people, until it entirely divests from Israel.
"As workers, we stand in solidarity with our union siblings in SWC-UAW 2710 who were arrested and face suspension," said the unions, including the Mother Jones Staff Union, Irvine Faculty Association, and Cleveland Jobs With Justice. "We call for their and their classmates' immediate reinstatement and for Columbia to drop all charges against them, both legal and academic. We deplore [Columbia president Minouche Shafik]'s actions and call for Columbia to immediately end the repression of protest."
The protests at Columbia—where more than 100 students were suspended, arrested for trespassing, and in some cases, evicted from their housing—have galvanized college students and faculty members at a growing number of universities in recent days.
Campus groups at the University of Minnesota and the University of Pittsburgh both announced early Tuesday that they were setting up their own encampments in solidarity with Columbia students and victims of the Israel Defense Forces' relentless attacks on Gaza, which the International Court of Justice said in January was "plausibly" a genocide.
After police arrested students at the University of Minnesota Tuesday afternoon and broke up the encampment, thousands of members of the school community rallied to demand that the university divest from all arms manufacturers.
Encampments were also erected Monday at University of California, Berkeley and University of Michigan.
Jessica Christian, a photojournalist for the San Francisco Chronicle, reported that students were stopping to "ask what supplies the campers need as they walk by to class" at Berkeley, where roughly 50 tents were set up on Tuesday.
On Monday night, dozens of students at Yale University and New York University were arrested for protesting, setting up encampments, and "disorderly conduct."
The arrests at Columbia last week have not stopped students and educators from speaking out against the administration. A new encampment was set up last Friday and hundreds of faculty members staged a walkout Monday in support of the students.
In their letter, the unions on Tuesday warned that "the repression and criminalization of activists, students, professors, and academic workers across the country are violations of our elementary rights to free speech and protest."
"The right to protest is necessary for every struggle, and the direct attack on this right is an attack on labor as well," said the unions, "An injury to one is an injury to all—if the Columbia students can be repressed for protesting, Columbia workers and all workers could be too. Workers stand in full solidarity with this student movement."
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