A newsletter by Reuters and Westlaw |
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U.S. government lawyers attempted to block a vaccine skeptic appointed by Health Secretary Robert F. Kennedy, Jr. from assuming new powers at the CDC that could be used to restrict access to COVID-19 shots, two sources familiar with the matter told Reuters. Here’s what to know: |
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RFK Jr picked vaccine skeptic and MIT professor Retsef Levi, his outside adviser on vaccines, to head a vaccine working group at the CDC. At the same time, new rules published by the CDC would allow Levi to appoint other group members, set the work priorities and shape recommendations on who should receive COVID-19 vaccines.
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Health Department lawyers "expressed legal concerns" about the widened scope and Levi’s outsized role in the group and proposed that government officials narrow its purview to topics "that are within the scope of the CDC mission," according to an August 25 email to federal health officials that was read to Reuters.
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The lawyers feared that Levi’s mandate would violate the Federal Advisory Committee Act, which governs how advisory panels operate within the federal government. Under that federal law, the lawyers wrote, the CDC "maintains responsibility to define agendas, scope of topics addressed and membership," not the work group chair – who is Levi in this case.
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In the end, the HHS legal counsel’s concerns were not addressed, and federal lawyers did not approve the final rules that were posted August 20, according to an email exchange between the lawyers and federal health officials on August 25 that was read to Reuters.
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Outside legal experts say the failure to heed advice of HHS counsel could lead to court challenges and undermine recommendations made by the vaccine board, which is scheduled to meet this week to consider COVID shots. Read more here.
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The 8th Circuit will hear arguments over an Arkansas requirement for a handwritten signature on voter registration applications. Last year, the lower court granted the plaintiffs motion for a preliminary injunction blocking the requirement. The 8th Circuit granted a stay on that decision pending appeal.
- U.S. District Judge Jia Cobb in D.C. will hold a discovery hearing in D.C.’s lawsuit over the Trump administration’s deployment of National Guard troops in the capital city. The lawsuit seeks a court order blocking the deployment on the grounds it is unconstitutional and violates multiple federal laws.
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U.S. District Judge Patricia Tolliver Giles in Alexandria will hold a motion hearing in a lawsuit brought by The Choctaw Nation of Oklahoma accusing the registrants of the domain name choctawlandingcasino.com of illegally using the tribe’s trademarks and directing visitors to unauthorized gambling sites. Read the motion for a temporary restraining order.
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Court calendars are subject to last-minute docket changes. |
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Senate Republicans and the White House voiced their continued support for President Trump's nominee Rebecca Taibleson to serve as a judge on the 7th Circuit even as a number of advocacy groups on the right came out in opposition, claiming she is not conservative enough to join the bench. Read more here.
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Federal prosecutors in Chicago said they are seeking a three-year prison sentence for David Lira, the son-in-law of convicted California attorney Tom Girardi. Lira pleaded guilty to a single contempt charge earlier this year in connection with Girardi's failure to pay millions of dollars in client settlement funds.
- The University of Arkansas at Little Rock suspended law professor Felicia Branch for comments on social media about the killing of conservative activist Charlie Kirk, and said it would conduct an investigation. Read more here.
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Tennessee is considering whether to stop relying on the ABA to accredit law schools in the state, joining Florida, Texas and Ohio in reconsidering the organization's primary role in U.S. legal education. Read more here.
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Moves: A group of 21 patent litigators left Ropes & Gray for rival Sheppard, Mullin, Richter & Hampton … Securities litigator Eddie Han moved to Orrick from Paul Hastings … Corporate partner Zahra Knapper Al-Bahrani joined Baker Botts from White & Case, along with her team … Corporate partner Benjamin Stein moved to Paul Hastings from Morgan Lewis … Foley Hoag added IP partner Matthew Jonsen from Dorsey & Whitney … Nelson Mullins added commercial real estate partner Scott Walker from Freddie Mac … Environmental and energy transition partner Shailesh Sahay left Baker Botts for Bracewell.
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That’s how much Rudy Giuliani must pay his former attorneys in legal fees for their work defending him in connection with his actions as President Trump's personal lawyer, a judge ruled. Read more here. |
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