Podcasts about Kentucky Supreme Court

The highest court in the U.S. state of Kentucky

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Best podcasts about Kentucky Supreme Court

Latest podcast episodes about Kentucky Supreme Court

Kentucky Edition
April 18, 2024 - Hundreds of Homes Damaged by Flooding in Frankfort

Kentucky Edition

Play Episode Listen Later Apr 22, 2025 27:30


Frankfort's mayor says he's optimistic a federal disaster declaration will be signed to help with flood cleanup, the Kentucky Mesonet at WKU opens a new weather station, Justice Pamela Goodwine makes history with the Kentucky Supreme Court, and a new program is working to get high school students plugged in to jobs for electricians.

Morning Announcements
Tuesday, November 12th, 2024 - House races tighten; Trump's picks; Bitcoin soars; Biden honors Vets; Adams wants earlier trial

Morning Announcements

Play Episode Listen Later Nov 12, 2024 8:34


Today's Headlines: A week after Election Day, Republicans hold 214 House seats with 16 races still uncalled, and Pennsylvania's Senate race leaning toward Republican David McCormick, though ballots remain uncounted. In state elections, Democrats flipped the Kentucky Supreme Court and rejected mandatory prison labor in California. Trump's second-term team is starting to take shape: Stephen Miller will be Deputy Chief of Staff, Lee Zeldin is set for the EPA, Elise Stefanik has been tapped for UN Ambassador, Mike Waltz is Trump's choice for National Security Advisor, and Tom Homan will lead a large-scale deportation effort, boosting private prison stocks on the news. Bitcoin surged to a new high of $82,000, driven partly by Trump's win. President Biden marked Veterans Day at Arlington, his last as president, while NYC Mayor Eric Adams asked for an earlier trial date to avoid overlapping with his re-election campaign. Resources/Articles mentioned in this episode: NBC News: Republicans declare victory in hotly contested Pennsylvania Senate race as final votes are counted Newsweek: Democrats Flip Kentucky Supreme Court Seat AP News: California voters reject measure that would have banned forced prison labor AP News: Who Trump has picked for key administration positions so far NBC News: Private prison stocks jump on Trump appointment of immigration hard-liner Tom Homan Axios: Bitcoin blows past $82000 to new all-time high Axios: Biden delivers final Veterans Day speech as president: "Greatest honor of my life" NBC News: NYC Mayor Eric Adams requests earlier trial in order to 'fully participate' in re-election campaign Morning Announcements is produced by Sami Sage alongside Bridget Schwartz and edited by Grace Hernandez-Johnson Learn more about your ad choices. Visit megaphone.fm/adchoices

Kentucky Edition
October 24, 2024 - Death Penalty Remains on Hold in Kentucky

Kentucky Edition

Play Episode Listen Later Oct 25, 2024 27:30


The Kentucky Supreme Court rules to allow the state's ban on the death penalty to remain in place, Gov. Tim Walz brings the presidential campaign to Kentucky, Sen. McConnell distances himself from certain Trump policies, debating the merits of fluoride in drinking water, and discussing Kentucky's medical cannabis program.

Roberts Law Office Injury Podcast
Workers' Compensation Appeals

Roberts Law Office Injury Podcast

Play Episode Listen Later Oct 17, 2024 40:01


Episode 88: Calloway County workers' comp attorney Jeff Roberts discusses the process for workers' compensation appeals.  In his more than 30 years of practice, Jeff as taken several cases all the way to the Kentucky Supreme Court, on appeal.  There are a number of types of appeals, which he'll explain in today's episode. Medical Decision Appeals In workers' compensation cases, this is often the first type of appeal that may need to be filed.  Kentucky workers' comp provides generous medical benefits for injured workers.  The insurance company is required to pay all reasonable and necessary expenses for treatments related to the workplace injury.  However, the insurance company can question whether that treatment meets the standard, per the established guidelines.  If the treatment has been denied, even though it was ordered by the treating doctor, the request for treatment can be submitted for utilization review.  This review of the medical records will be performed by another doctor, although he/she might not actually specialize in that specific area of medicine.  Jeff explains that the company handling the utilization process for the insurance company is actually paid by the insurance company.  This could lead to a less than objective outcome, at times. If the utilization review determines that the requested treatment should be denied, this opens the door for the first type of workers' compensation appeals.  The injured worker and his/her treating doctor have the right to appeal the decision from utilization review.  It's possible to appeal on the grounds that the doctor who reviewed the case didn't have the background to properly review the case.  For instance, if your orthopedic specialist recommends a surgery, but the case was reviewed by an internist, this can be appealed. The appeal would then be reviewed by a specialist who does focus in the same area of medicine as the treating doctor.  This is referred to as a request for reconsideration.  At the end of the second review made, the treatment will either be approved or denied.  The injured worker and his/her attorney will be able to appeal the determination to the judge, so long as the case itself has not been decided.  It's the responsibility of the injured worker and the attorney to file this appeal. However, if the dispute arises after the workers' compensation case has been settled, it's the insurance company's responsibility to appeal the decision.  Jeff explains that Kentucky's workers' compensation benefits can last 15 year, and in some cases for a lifetime.  The insurance company has a specific window of time to appeal the treatment.  If they don't file by the deadline, the treatment will usually be approved fairly quickly.  It would be covered by workers' compensation insurance. Appealing the Administrative Law Judge's Decision While the initial claim for workers' comp benefits is active, a decision by the judge may be eligible for a workers' compensation appeal.  For instance, if there's a decision the injury wasn't work-related or the severity of the injury doesn't merit a higher level of benefits.  These types of decisions can be appealed. Either side can appeal the judge's decision.  This could happen if the insurance company feels the benefits being awarded weren't justified by the severity of the injury. These types of workers' compensation appeals are made to the Workers' Compensation Board.  This Board is made up of 3 administrative law judges, appointed by the governor and confirmed by the senate.  This group will look specifically at whether the original judge followed the law in making his/her decision.  It's also possible the judge may have misunderstood the facts, as supported by the evidence.  In essence, the Board is looking for judicial error.  No new evidence will be submitted to the Board.  This appeal is generally based on legal briefs written by the attorneys for each side.  Oral arguments are rare, but they can happen. The Worker's Compensation Board can refuse to allow the case to be appealed, at this time, because the entire claim must be decided before they can get involved.  In other words, the judge handling the initial workers' compensation claim has to make a final ruling.  At that point, the Board can allow the appeal to proceed. Appealing to the Kentucky Court of Appeals Once the Workers' Compensation Board has issued its ruling, either side can appeal to the Kentucky Court of Appeals.  This court doesn't only hear workers' comp cases.  It hears appeals of basically any type of case.  These judges are elected.  Cases, at this level, are heard by a 3-judge panel.  The Court of Appeals is looking to see if the Workers' Compensation Board made an error in its decision.  Again, no new evidence is submitted.  The review and ruling is based on the existing record and legal briefs from the attorneys.  It is possible the court will ask for oral arguments on specific matters.  The Court of Appeals also has the discretion to determine if the decision was legally correct, assuming there has not be legal issue decided by the Kentucky Supreme Court, in a published opinion.  For instance, if there's a question of whether a ruling was constitutional, the Court of Appeals can make that determination.  That type of issue would not fall under the jurisdiction of the Workers' Compensation Board. Do Appeals Impact Attorney Fees? In Kentucky, most workers' compensation attorneys operate on a contingency fee basis.  Their fees are outlined in their contract and limited by Kentucky law.  When a case goes up on appeal, Jeff doesn't get paid more for the additional work. However, if the appeal is successful and results in a larger settlement, the percentage established in the contingency fee agreement remains the same, but now “the bucket” is bigger.  From this perspective, the attorney does get paid more, but only because the settlement was a larger number.  The attorney working for the insurance company works on an hourly rate.  So, if the case goes up on appeal, they would be able to bill the insurance company addition fees, based on the increase in hours required to settle the case.  Nonetheless, the attorney fees for he injured worker aren't affected by this. Appealing to the Kentucky Supreme Court Jeff has argued before the Kentucky Supreme Court several times, for workers' comp cases and other types of case.  He's developed a successful track record there.  Jeff explains that a non-workers' comp case is usually handled by the circuit court.  The appeal goes to the Court of Appeals.  From there, either side can file a motion for discretionary review.  This asks the Kentucky Supreme Court to accept the case.  The Court can decide either to hear it or not to hear that case. In workers' comp cases, the process is different.  The Kentucky constitution allows you to have at least one appeal from a lower court.  The original administrative law judge and the Workers' Comp Board are not considered courts.  Therefore, the first true court decision is made by the Kentucky Court of Appeals.  So, according to our state constitution, you have the right to appeal the decision of that court.  That's why the Kentucky Supreme Court must hear your appeal.  Unlike non-workers' comp cases, it does not have the discretion to refuse to hear the case. The state Supreme Court is looking for issues related to constitutionality or to make a ruling if the law hasn't established how a statute should be interpreted for the first time. Other attorneys have invited Jeff to get involved with a particular case going to the Supreme Court.  He's also been asked by organizations to draft “friend of the court” briefs (also referred to as amicus curiae briefs) which are submitted to the Kentucky Supreme Court.  What Do Other Clients Think About Jeff? We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients.  A 5-Star rating and the comments are earned recognition and demonstrate Jeff's commitment to his clients.  As a solo attorney, he has more Google Reviews than some firms with multiple attorneys.  Jeff shares the credit with his staff at the Roberts Law Office.  Successfully representing injured clients is a team effort.  It's why Jeff likes to say his firm offers small town service with big city results.  Jeff Roberts Represents Injured Clients Throughout Kentucky With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers' compensation clients and social security disability clients across the state.  He's represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations.  He's not just a Western Kentucky injury attorney.  We hope you found this episode insightful and helpful.  Thank you for listening!                                                                                                      Is It Time to Speak with an Attorney about Your Workers' Compensation Claim? The office phone number is (270) 753-0053 or toll free at 800-844-5108.  For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff's principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Dark Side of Wikipedia | True Crime & Dark History
Sheriff Arrested for Murdering Judge in Kentucky Courthouse

Dark Side of Wikipedia | True Crime & Dark History

Play Episode Listen Later Sep 23, 2024 12:11


In a shocking development, Letcher County Sheriff Shawn Stines has been arrested and charged with first-degree murder for the killing of District Judge Kevin Mullins inside the Letcher County Courthouse on Thursday. The incident has sent ripples through the small Appalachian community of Whitesburg, home to approximately 1,700 residents. The tragic event unfolded after an argument between Sheriff Stines, 43, and Judge Mullins, 54, just before 3 p.m. local time. According to Kentucky State Police, Mullins was shot multiple times and pronounced dead at the scene. Sheriff Stines surrendered without incident following the shooting. Kentucky State Police Trooper Matt Gayheart addressed the community, stating that the killing is an “isolated incident” with no ongoing threat to the public. “Any time a situation like this takes place, especially in a small town, it shakes the very foundation of what the town is and this is no different,” Gayheart told local outlet WJHL. The Kentucky Attorney General's office, led by Russell Coleman, along with Commonwealth's Attorney Jackie Steele for the 27th Judicial Circuit, are spearheading the investigation. Coleman emphasized the commitment to justice, stating on social media, “We will fully investigate and pursue justice.” Governor Andy Beshear also responded to the tragedy, posting on X, formerly known as Twitter: “Sadly, I have been informed that a district judge in Letcher County was shot and killed in his chambers this afternoon. There is far too much violence in this world, and I pray there is a path to a better tomorrow.” The community's reaction has been one of profound sadness and disbelief. Lead county prosecutor Matt Butler recused himself from the case due to personal ties with Judge Mullins. “We all know each other here. ... Anyone from Letcher County would tell you that Judge Mullins and I married sisters and that we have children who are first cousins but act like siblings,” Butler explained. “For that reason, among others, I have already taken steps to recuse myself and my entire office.” Laurance B. VanMeter, Chief Justice of the Kentucky Supreme Court, expressed his shock and sorrow, stating, “I am shocked by this act of violence and the court system is shaken by this news.” In the immediate aftermath of the shooting, several local schools were placed on lockdown as a precautionary measure. The temporary closure of the Letcher County Courthouse has added to the community's distress, disrupting the daily lives of its residents. Judge Kevin Mullins was a respected figure in Letcher County, appointed by former Governor Steve Beshear in 2009 and elected the following year. He was renowned for his dedication to supporting individuals in the justice system struggling with substance abuse. Mullins played a pivotal role in developing programs like Addiction Recovery Care, which offers peer support services in the courthouse and has been adopted in over 50 counties across Kentucky. Mullins was also a founding member of the Responsive Effort to Support Treatment in Opioid Recovery Efforts Leadership Team, further highlighting his commitment to community welfare and rehabilitation. As the investigation continues, questions remain about the motives behind the altercation that led to the judge's untimely death. Kentucky State Police are diligently working to uncover all the facts surrounding the case. Want to listen to ALL of our podcasts AD-FREE? Subscribe through APPLE PODCASTS, and try it for three days free: https://tinyurl.com/ycw626tj Follow Our Other Cases: https://www.truecrimetodaypod.com The latest on The Downfall of Diddy, The Trial of Karen Read, The Murder Of Maddie Soto, Catching the Long Island Serial Killer, Awaiting Admission: BTK's Unconfessed Crimes, Delphi Murders: Inside the Crime, Chad & Lori Daybell, The Murder of Ana Walshe, Alex Murdaugh, Bryan Kohberger, Lucy Letby, Kouri Richins, Malevolent Mormon Mommys, Justice for Harmony Montgomery, The Murder of Stephen Smith, The Murder of Madeline Kingsbury, The Murder Of Sandra Birchmore, and much more! Listen at https://www.truecrimetodaypod.com

Hidden Killers With Tony Brueski | True Crime News & Commentary
Sheriff Arrested for Murdering Judge in Kentucky Courthouse

Hidden Killers With Tony Brueski | True Crime News & Commentary

Play Episode Listen Later Sep 23, 2024 12:11


In a shocking development, Letcher County Sheriff Shawn Stines has been arrested and charged with first-degree murder for the killing of District Judge Kevin Mullins inside the Letcher County Courthouse on Thursday. The incident has sent ripples through the small Appalachian community of Whitesburg, home to approximately 1,700 residents. The tragic event unfolded after an argument between Sheriff Stines, 43, and Judge Mullins, 54, just before 3 p.m. local time. According to Kentucky State Police, Mullins was shot multiple times and pronounced dead at the scene. Sheriff Stines surrendered without incident following the shooting. Kentucky State Police Trooper Matt Gayheart addressed the community, stating that the killing is an “isolated incident” with no ongoing threat to the public. “Any time a situation like this takes place, especially in a small town, it shakes the very foundation of what the town is and this is no different,” Gayheart told local outlet WJHL. The Kentucky Attorney General's office, led by Russell Coleman, along with Commonwealth's Attorney Jackie Steele for the 27th Judicial Circuit, are spearheading the investigation. Coleman emphasized the commitment to justice, stating on social media, “We will fully investigate and pursue justice.” Governor Andy Beshear also responded to the tragedy, posting on X, formerly known as Twitter: “Sadly, I have been informed that a district judge in Letcher County was shot and killed in his chambers this afternoon. There is far too much violence in this world, and I pray there is a path to a better tomorrow.” The community's reaction has been one of profound sadness and disbelief. Lead county prosecutor Matt Butler recused himself from the case due to personal ties with Judge Mullins. “We all know each other here. ... Anyone from Letcher County would tell you that Judge Mullins and I married sisters and that we have children who are first cousins but act like siblings,” Butler explained. “For that reason, among others, I have already taken steps to recuse myself and my entire office.” Laurance B. VanMeter, Chief Justice of the Kentucky Supreme Court, expressed his shock and sorrow, stating, “I am shocked by this act of violence and the court system is shaken by this news.” In the immediate aftermath of the shooting, several local schools were placed on lockdown as a precautionary measure. The temporary closure of the Letcher County Courthouse has added to the community's distress, disrupting the daily lives of its residents. Judge Kevin Mullins was a respected figure in Letcher County, appointed by former Governor Steve Beshear in 2009 and elected the following year. He was renowned for his dedication to supporting individuals in the justice system struggling with substance abuse. Mullins played a pivotal role in developing programs like Addiction Recovery Care, which offers peer support services in the courthouse and has been adopted in over 50 counties across Kentucky. Mullins was also a founding member of the Responsive Effort to Support Treatment in Opioid Recovery Efforts Leadership Team, further highlighting his commitment to community welfare and rehabilitation. As the investigation continues, questions remain about the motives behind the altercation that led to the judge's untimely death. Kentucky State Police are diligently working to uncover all the facts surrounding the case. Want to listen to ALL of our podcasts AD-FREE? Subscribe through APPLE PODCASTS, and try it for three days free: https://tinyurl.com/ycw626tj Follow Our Other Cases: https://www.truecrimetodaypod.com The latest on The Downfall of Diddy, The Trial of Karen Read, The Murder Of Maddie Soto, Catching the Long Island Serial Killer, Awaiting Admission: BTK's Unconfessed Crimes, Delphi Murders: Inside the Crime, Chad & Lori Daybell, The Murder of Ana Walshe, Alex Murdaugh, Bryan Kohberger, Lucy Letby, Kouri Richins, Malevolent Mormon Mommys, Justice for Harmony Montgomery, The Murder of Stephen Smith, The Murder of Madeline Kingsbury, The Murder Of Sandra Birchmore, and much more! Listen at https://www.truecrimetodaypod.com

My Crazy Family | A Podcast of Crazy Family Stories
Sheriff Arrested for Murdering Judge in Kentucky Courthouse

My Crazy Family | A Podcast of Crazy Family Stories

Play Episode Listen Later Sep 23, 2024 12:11


In a shocking development, Letcher County Sheriff Shawn Stines has been arrested and charged with first-degree murder for the killing of District Judge Kevin Mullins inside the Letcher County Courthouse on Thursday. The incident has sent ripples through the small Appalachian community of Whitesburg, home to approximately 1,700 residents. The tragic event unfolded after an argument between Sheriff Stines, 43, and Judge Mullins, 54, just before 3 p.m. local time. According to Kentucky State Police, Mullins was shot multiple times and pronounced dead at the scene. Sheriff Stines surrendered without incident following the shooting. Kentucky State Police Trooper Matt Gayheart addressed the community, stating that the killing is an “isolated incident” with no ongoing threat to the public. “Any time a situation like this takes place, especially in a small town, it shakes the very foundation of what the town is and this is no different,” Gayheart told local outlet WJHL. The Kentucky Attorney General's office, led by Russell Coleman, along with Commonwealth's Attorney Jackie Steele for the 27th Judicial Circuit, are spearheading the investigation. Coleman emphasized the commitment to justice, stating on social media, “We will fully investigate and pursue justice.” Governor Andy Beshear also responded to the tragedy, posting on X, formerly known as Twitter: “Sadly, I have been informed that a district judge in Letcher County was shot and killed in his chambers this afternoon. There is far too much violence in this world, and I pray there is a path to a better tomorrow.” The community's reaction has been one of profound sadness and disbelief. Lead county prosecutor Matt Butler recused himself from the case due to personal ties with Judge Mullins. “We all know each other here. ... Anyone from Letcher County would tell you that Judge Mullins and I married sisters and that we have children who are first cousins but act like siblings,” Butler explained. “For that reason, among others, I have already taken steps to recuse myself and my entire office.” Laurance B. VanMeter, Chief Justice of the Kentucky Supreme Court, expressed his shock and sorrow, stating, “I am shocked by this act of violence and the court system is shaken by this news.” In the immediate aftermath of the shooting, several local schools were placed on lockdown as a precautionary measure. The temporary closure of the Letcher County Courthouse has added to the community's distress, disrupting the daily lives of its residents. Judge Kevin Mullins was a respected figure in Letcher County, appointed by former Governor Steve Beshear in 2009 and elected the following year. He was renowned for his dedication to supporting individuals in the justice system struggling with substance abuse. Mullins played a pivotal role in developing programs like Addiction Recovery Care, which offers peer support services in the courthouse and has been adopted in over 50 counties across Kentucky. Mullins was also a founding member of the Responsive Effort to Support Treatment in Opioid Recovery Efforts Leadership Team, further highlighting his commitment to community welfare and rehabilitation. As the investigation continues, questions remain about the motives behind the altercation that led to the judge's untimely death. Kentucky State Police are diligently working to uncover all the facts surrounding the case. Want to listen to ALL of our podcasts AD-FREE? Subscribe through APPLE PODCASTS, and try it for three days free: https://tinyurl.com/ycw626tj Follow Our Other Cases: https://www.truecrimetodaypod.com The latest on The Downfall of Diddy, The Trial of Karen Read, The Murder Of Maddie Soto, Catching the Long Island Serial Killer, Awaiting Admission: BTK's Unconfessed Crimes, Delphi Murders: Inside the Crime, Chad & Lori Daybell, The Murder of Ana Walshe, Alex Murdaugh, Bryan Kohberger, Lucy Letby, Kouri Richins, Malevolent Mormon Mommys, Justice for Harmony Montgomery, The Murder of Stephen Smith, The Murder of Madeline Kingsbury, The Murder Of Sandra Birchmore, and much more! Listen at https://www.truecrimetodaypod.com

Kentucky Edition
August 15, 2024 - More Fallout for a State Lawmaker

Kentucky Edition

Play Episode Listen Later Aug 16, 2024 27:30


A state representative accused of inappropriate interactions with women loses his committee assignments, Gov. Beshear answers a question about a cabinet post if Kamala Harris wins, the Kentucky Supreme Court hears arguments in an open-records case, a look back at two former slaves who started a construction company, horses help train mental health professionals, and the Kentucky State Fair.

Kentucky Edition
June 7, 2024 - Kentucky Supreme Court Disqualifies State Rep. Nima Kulkarni as Candidate for Re-Election

Kentucky Edition

Play Episode Listen Later Jun 10, 2024 0:17


Kentucky Supreme Court disqualifies State Rep. Nima Kulkarni as candidate for re-election, Catholic Action Center opens mobile hygiene station for homeless in Lexington and, event honors Fayette County WWII veterans who took part in D-Day 80 years ago.

Kentucky Edition
June 6, 2024 - New Numbers Show Drug Overdose Deaths Down Almost 10% in Kentucky

Kentucky Edition

Play Episode Listen Later Jun 7, 2024 27:30


New numbers show drug overdose deaths down almost 10% in Kentucky, Kentucky Supreme Court hears arguments in challenge to state representative's candidacy and apprenticeship program looking to fill the need for more iron workers in the state. 

Kentucky Edition
May 20, 2024 - The Kentucky Supreme Court Allows a State House Race to Proceed for Now

Kentucky Edition

Play Episode Listen Later May 21, 2024 27:31


The Kentucky Supreme Court allows a state hosue race to proceed for now, a closer look at a primary race in Northern Kentucky's House District 66, an outbreak of pertussis is declared in Lexington, and why pro-golfer Scottie Scheffler won't be in court this week as planned. 

MinistryWatch Podcast
Ep. 304: A Few Thoughts on SBC President Bart Barber's Apology

MinistryWatch Podcast

Play Episode Listen Later Nov 8, 2023 10:12


Last year, SBC President Bart Barber signed an amicus brief that was submitted to the Kentucky Supreme Court that argued against statute of limitations reform. The reforms that the SBC argued against were precisely the reforms that many sex abuse survivors want and have been working for in Kentucky and around the country. Bart Barber ultimately apologized for that action. Today, I offer a few thoughts about the chain of events that let to that apology. As I mentioned in today's episode, I did an in-depth interview with Bart Barber. You can find it by clicking on the highlighted link. Thanks to Jeff McIntosh and Rich Roszel for producing today's program.  We get technical, database, and editorial support from Casey Sudduth, Stephen DuBarry, Kim Roberts, and Christina Darnell. Until next time, may God bless you.

Protestia Tonight
Your Amicus Briefs are Showing

Protestia Tonight

Play Episode Listen Later Nov 1, 2023 60:12


On this episode of Protestia Tonight for October 31, 2023, David breaks down the legal particulars of the "scandalous" SBC amicus brief to the Kentucky Supreme Court, including why it was the right thing to do despite Bart Barber's mea culpa. In the PT VIP, we answer questions about church discipline and why God would describe a tribulation we won't even be around for.

SBC This Week
Southern Baptist elected Speaker of the House; Amicus brief raises concern

SBC This Week

Play Episode Listen Later Oct 28, 2023 33:42


Mike Johnson (R, La.) was elected Speaker of the House this week, and he's a member of a Louisiana Baptist church. Interestingly enough, he replaced a California Southern Baptist, Kevin McCarthy, in the role. Also, an amicus brief filed by several entities in a Kentucky Supreme Court case has raised concern among many Southern Baptists.

West Coast Cookbook & Speakeasy
West Coast Cookbook and Speakeasy - Blue Moon Spirits Fridays 27 Oct 23

West Coast Cookbook & Speakeasy

Play Episode Listen Later Oct 27, 2023 63:22


Today's West Coast Cookbook & Speakeasy Podcast for our especially special Daily Special, Blue Moon Spirits Fridays, is now available on the Spreaker Player!​​​​​​​​​​​​​​Starting off in the Bistro Cafe, the voting record and extreme policy positions of new House Speaker ‘MAGA Mike Johnson' deserves a closer look.Then, on the rest of the menu, Wisconsin Republicans back a bill outlawing university financial aid based on race and diversity; the Kentucky Supreme Court struck down a new law giving participants in constitutional cases the right to change venue; and, a federal judge ruled Georgia congressional and legislative districts are racially discriminatory and must be redrawn by December 8th.After the break, we move to the Chef's Table where the UN Secretary-General has appointed a thirty-nine member panel to advise on the international governance of artificial intelligence; and, the Sudanese army and its rival paramilitary force have resumed peace talks in Jeddah.All that and more, on West Coast Cookbook & Speakeasy with Chef de Cuisine Justice Putnam.Bon Appétit!The Netroots Radio Live Player​Keep Your Resistance Radio Beaming 24/7/365!“Structural linguistics is a bitterly divided and unhappy profession, and a large number of its practitioners spend many nights drowning their sorrows in Ouisghian Zodahs.”― Douglas Adams"The Restaurant at the End of the Universe"

American Democracy Minute
Episode 356: Kentucky’s Constitution Mandates “Free & Equal” Elections. Are the Commonwealth’s Manipulated Voting District Maps Legal?

American Democracy Minute

Play Episode Listen Later Sep 24, 2023 1:30


The American Democracy Minute Radio Report & Podcast for Sept. 21, 2023Kentucky's Constitution Mandates “Free & Equal” Elections.  Are the Commonwealth's Manipulated Voting District Maps Legal?The Kentucky Supreme Court heard arguments September 19th on whether the “free and equal elections” provision in the Commonwealth's constitution prohibits partisan gerrymandering of its voting districts.Our podcasting host recently made changes which stops us from including our entire script as part of the podcast content.  To view the whole script, please go to our website and find today's report.Today's LinksArticles & Resources:Louisville Public Media - Court upholds Kentucky's Republican-drawn redistricting mapsBrennan Center for Justice/State Court Report - Kentucky Supreme Court Weighs Partisan GerrymanderingWKU Public Radio - Kentucky Supreme Court hears arguments over redistricting mapsKentucky Lantern - Kentucky Supreme Court must weigh constitutionality of partisan gerrymandersAssociated Press - Kentucky Supreme Court reviews state's Republican-drawn legislative, congressional mapsNational Conference of State Legislatures - Free and Equal Election Clauses in State ConstitutionsGoverning/Lexington Herald-Leader - Does Kentucky's Constitution Prohibit Gerrymandering?Groups Taking Action:League of Women Voters Kentucky, Common Cause KY, ACLU Kentucky, Black Lives Matter Louisville, Kentucky Equal Justice Center ===Please follow us on Facebook and Twitter and SHARE!  Find all of our reports at AmericanDemocracyMinute.orgWant ADM sent to your email?  Sign up here!#Democracy  #DemocracyNews #KentuckyPolitics #FairMaps #EndGerrymandering

Heartland POD
July 19, 2023 - High Country Politics - Government and Elections News from the American West

Heartland POD

Play Episode Listen Later Jul 19, 2023 13:41


Lauren Boebert's fundraising lags Democratic challenger Adam Frisch | Rep. Yadira Caraveo (D-CO) raises $450K as her GOP challenger has yet to start fundraising | Anti-LGBTQ laws are being struck down around the country for violating First Amendment rights | Utah Supreme Court considers challenge to GOP gerrymandered Congressional map | Denver Mayor Mike Johnston declares a state of emergency around homelessness | Trombone Shorty & Orleans Avenue, Ziggy Marley, Mavis Staples, Robert Randolph Band play Vail on July 24.Song playsIntro by hostWelcome to High Country - politics in the American West. My name is Sean Diller; regular listeners might know me from Heartland Pod's Talking Politics, every Monday.Support this show and all the work in the Heartland POD universe by going to heartlandpod.com and clicking the link for Patreon, or go to Patreon.com/HeartlandPod to sign up. Membership starts at $1/month, with even more extra shows and special access at the higher levels. No matter the level you choose, your membership helps us create these independent shows as we work together to change the conversation.Alright! Let's get into it: COLORADO NEWSLINE:Lauren Boebert's Democratic challenger raised 3x what she did in the 2nd quarterBY: SARA WILSON - JULY 17, 2023 4:07 PMDemocrat Adam Frisch raised over three times what Republican incumbent Rep. Lauren Boebert did over the last three months in Colorado's 3rd Congressional District, as the seat appears likely to be a competitive — and expensive — race in 2024.In 2022, Boebert beat Frisch for a second term by 546 votes. Both candidates are actively fundraising with 16 months until a general election rematch.Frisch reported raising about $2.6 million during the most recent campaign finance reporting period, which ran from April to June, according to reports filed with the Federal Election Commission. The former Aspen City Council member spent about $1.4 million and has about $2.5 million in cash on hand.During his 2022 campaign, Frisch raised about $6.7 million, including personal loans, and spent about $6.4 million.Boebert reported raising over $800,000 from April to June. She spent a bit over $400,000 and has about $1.4 million in the bank.In 2022, Boebert raised almost $8 million and spent about $7.4 million.Both candidates brought in a large amount of donations under $200 that don't need to be individually listed on reports — about 66% of Frisch's cash and 47% of Boebert's.Frisch listed about 1,400 individual donations from Colorado residents for a total of about $280,000. Boebert listed about 600 donations from people in Colorado, raising about $150,000.Both Boebert and Frisch spent heavily on advertising during the quarter. Frisch reported spending over $600,000 on contact list acquisition and digital advertising and another $290,000 on direct mail. Boebert spent $52,000 on digital advertising and over $100,000 on direct mail. She reported spending over $28,000 on campaign-related travel during the quarter.The 3rd Congressional District encompasses the Western Slope, San Luis Valley and swings east to Pueblo County.In other districts - Democratic Rep. Yadira Caraveo in the 8th Congressional District raised about $450,000 during the quarter. She spent about $120,000 and has about $625,000 in cash on hand.Republican Scott James has announced his candidacy but has not reported any raising or spending so far this cycle.The National Republican Congressional Committee listed the district as a target race for 2024, priming it for an influx of national party attention and resources. At the same time, the Democratic Congressional Campaign Committee will also likely pour money into the race, listing Caraveo as a potential vulnerable freshman member.The 8th Congressional District includes Denver's northeast suburbs into Weld County.ARIZONA MIRROR:.Anti-LGBTQ laws in the US are getting struck down for limiting free speechDR. MARK SATTAJULY 13, 2023 7:11 AMAnti-LGBTQ laws passed in 2023 included measures to deny gender-affirming care to trans children. Photo by Mario Tama | Getty Images via The ConversationNearly 500 anti-LGBTQ bills have been introduced in state legislatures in the U.S. in 2023. Many of those bills seek to reduce or eliminate gender-affirming care for transgender minors or to ban drag performances in places where minors could view them.Most of those bills have not become law. But many of those that have did not survive legal scrutiny when challenged in court.A notable feature of these rulings is how many rely on the First Amendment's protection of free speech. In several of the decisions, judges used harsh language to describe what they deemed to be assaults on a fundamental American right.Here's a summary of some of the most notable legal outcomes:Drag performancesSeveral states passed laws aimed at restricting drag performances. These laws were quickly challenged in court. So far, judges have sided with those challenging these laws.On June 2, 2023, a federal judge permanently enjoined Tennessee's attempt to limit drag performances by restricting “adult entertainment” featuring “male or female impersonators.” When a law is permanently enjoined, it can no longer be enforced unless an appeals court reverses the decision.The judge ruled on broad grounds that Tennessee's law violated freedom of speech, writing that it “reeks with constitutional maladies of vagueness and overbreadth fatal to statutes that regulate First Amendment rights.” He also ruled that the law was passed for the “impermissible purpose of chilling constitutionally-protected speech” and that it engaged in viewpoint discrimination, which occurs when a law regulates speech from a disfavored perspective.Three weeks later, a federal judge granted a temporary injunction against Florida's anti-drag law on similar grounds.And in Utah, a federal judge required the city of St. George to grant a permit for a drag show, ruling that the city had applied an ordinance in a discriminatory manner in order to prevent the family-friendly drag show from happening. As in the other cases, the judge's ruling was based on First Amendment precedent.Gender-affirming careOn June 20, 2023, a federal judge permanently enjoined an Arkansas law, passed in 2021 over the veto of then-Gov. Asa Hutchinson, preventing transgender minors from receiving various kinds of gender-affirming medical care, including puberty blockers and hormone therapy.The judge held that Arkansas' law violated the Fourteenth Amendment's equal protection clause – which ensures laws are applied equally regardless of social characteristics like race or gender – because the law discriminated on the basis of sex.Arkansas claimed its law was passed in order to protect children and to safeguard medical ethics. The judge agreed that these were legitimate state interests, but rejected Arkansas' claim that its law furthered those ends.The judge also held that Arkansas' law violated the First Amendment free speech rights of medical care providers because the law would have prevented them from providing referrals for gender transition medical treatment.During June 2023, federal judges in Florida and Indiana granted temporary injunctions against enforcement of similar state laws. This means that these laws cannot be enforced until a full trial is conducted – and only if that trial results in a ruling that these laws are constitutional.Free speech for the LGBTQ communityIn striking down these unconstitutional state laws on First Amendment grounds, many judges went out of their way to reinforce the point that freedom of speech protects views about sexual orientation and gender identity that may be unpopular in conservative areas.In his ruling on the St. George, Utah case, U.S. District Judge David Nuffer stressed that “Public spaces are public spaces. Public spaces are not private spaces. Public spaces are not majority spaces. The First Amendment of the United States Constitution ensures that all citizens, popular or not, majority or minority, conventional or unconventional, have access to public spaces for public expression.”Nuffer also noted that “Public officials and the city governments in which they serve are trustees of constitutional rights for all citizens.” Protecting the constitutional rights of all citizens includes protecting the constitutional rights of members of the LGBTQ community and of other gender-nonconforming people.Free speech rights also extend to those who want to use speech in order to help promote the well-being of LGBTQ people. In ruling that Arkansas' law violated the First Amendment, Judge Jay Moody stated that the state law “prevents doctors from informing their patients where gender transition treatment may be available” and that it “effectively bans their ability to speak to patients about these treatments because the physician is not allowed to tell their patient where it is available.” For this reason, he held that the law violated the First Amendment.As additional anti-LGBTQ state laws are challenged in court, judges are likely to continue to use the First Amendment to show how such laws fail to respect Americans' fundamental free speech rights.This article is republished from The Conversation under a Creative Commons license. Read the original article. The ConversationNEW YORK TIMES:Utah G.O.P.'s Map Carved Up Salt Lake Democrats to dilute their power. Is that legal?The Utah Supreme Court heard arguments on Tuesday over whether a congressional map drawn to dilute Democratic votes was subject to judicial review, or a political issue beyond its reach.By Michael WinesJuly 11, 2023Last week, Utah's Supreme Court justices appeared skeptical of arguments put forward by the State Legislature that it had essentially unreviewable power to draw a map of the state's congressional districts that diluted the votes of Democrats.The Republican-controlled Legislature approved a map in 2021 that carved up Democratic-leaning Salt Lake County, the state's most populous county, and scattered its voters among the state's four U.S. House districts, all of which were predominantly Republican.The lawmakers acted after repealing a law — enacted by Utah voters in a 2018 ballot initiative — that outlawed political maps unduly favoring a candidate or political party.The Legislature's map was widely acknowledged at the time to be a partisan gerrymander, including by the Republican governor, Spencer J. Cox, who noted at the time that both parties often produced skewed maps.The question before the justices on Tuesday was whether the state's courts could hear a lawsuit challenging the Legislature's map, or whether partisan maps were a political issue beyond their jurisdiction. It was not clear when the court would hand down a ruling.Much of Tuesday's hearing — which was streamed on the state court's website — focused on the Legislature's repeal of the 2018 ballot initiative, given the provision in the State Constitution that all political power resides with the people and that they have the right “to alter and reform” their government.Mark Gaber is a lawyer for the Campaign Legal Center, an advocacy law firm based in Washington that represents the plaintiffs in the case before the court. He said, “the Legislature has for decades engaged in this anti-democratic distortion of the process. And the people said: ‘We have had enough. We are going to alter and reform our government and recognize that we hold the political power in this state.'”Taylor Meehan, a lawyer with the law firm Consovoy McCarthy who is representing the Legislature, said Utah citizens had many ways to exercise political influence even after the repeal. “The people can advocate for a constitutional amendment,” Ms. Meehan said. “The people also can elect and lobby and propose ideas to their Legislature. The Legislature will still be politically accountable for whether they vote maps up or down.”Chief Justice Matthew Durrant questioned the claim. “That seems like an empty promise,” he said. “Ultimately, under the system you're suggesting, the Legislature is always going to have the final say.”In court filings, legislators said that the State Constitution gave them exclusive authority to draw political maps, and that the plaintiffs were trying to impose “illusory standards of political equality” on the mapmaking process.With the U.S. Supreme Court having barred federal courts from deciding partisan gerrymander cases, state courts are becoming a crucial battleground for opponents of skewed maps. Joshua A. Douglas, an expert on state constitution protections for voting at the University of Kentucky, said the growing body of legal precedents in state gerrymandering cases was important because many state constitutions shared similar protections for elections and voters, often derived from one another.Courts in Pennsylvania, Maryland, Alaska, New York and, last week, New Mexico have ruled that partisan gerrymanders can be unconstitutional. So have courts in Ohio and North Carolina. However, the Ohio court proved unable to force the legislature to comply with its rulings, and the North Carolina decision was overturned in April after elections shifted the court's majority from Democratic to Republican.The Kentucky Supreme Court will hear a challenge to that state's congressional and legislative maps in September. And a lawsuit contesting an extreme Republican gerrymander of the Wisconsin Legislature is widely expected after an April election gave liberals a majority on the state's high court.Perhaps the closest analogy to the Utah gerrymander is in Nashville, where the latest congressional map by the Republican-led state legislature divided the city's former Democratic-majority U.S. House district among three heavily Republican districts. Democrats have not challenged the map in state courts, presumably because they see little prospect of winning in a State Supreme Court dominated by Republican appointees.In Utah's case, however, the State Supreme Court's five justices do not have reputations for bending easily to political winds. They are chosen through a merit-based selection process.The Utah plaintiffs — the state chapter of the League of Women Voters, the advocacy group Mormon Women for Ethical Government, and a handful of Utah voters —say that the gerrymandered map ignores a host of state constitutional provisions, including guarantees of free speech, free association and equal protection — provisions that they say should be read as prohibiting partisan maps.Republican legislators contend that they had the right to repeal the 2018 redistricting law, just as they could any other state law. And they say that the plaintiffs' aim is no different than their own: to tilt the playing field in their side's favor.But Katie Wright, the executive director of Better Boundaries — the group that led the effort to pass the redistricting law and that is backing the lawsuit — argued that there was a difference between the two. She noted that the Utah Legislature's disclosure of its new maps in 2021 sparked an unusually large public outcry that continues even today.“The reason we have this gerrymandered map is to keep the people who are in power in power,” she said. “But Utahns have not given up.”Michael Wines writes about voting and other election-related issues. Since joining The Times in 1988, he has covered the Justice Department, the White House, Congress, Russia, southern Africa, China and various other topics.  More about Michael WinesA version of this article appears in print on July 12, 2023, Section A, Page 16 of the New York edition with the headline: Utah's Supreme Court Weighs State Gerrymandering Case. Order Reprints | Today's Paper | COLORADO SUN:Denver's new mayor declares state of emergency on homelessness, sets goal of housing 1,000 unsheltered people by end of 2023Elliott Wenzler9:54 AM MDT on Jul 18, 2023In his first full day as Denver's new mayor, Mike Johnston declared a state of emergency around homelessness and announced that he plans to house 1,000 unsheltered people by the end of the year.Johnston said he will tour 78 neighborhoods across the city to accomplish his goal and that his staff will work with landlords, property owners and hotels to find housing availability. His administration is also looking at nearly 200 public plots to place tiny home communities where people experiencing homelessness can be housed.“This is what we think is the most important crisis the city is facing,” Johnston said at a news conference at the Denver's City and County Building. “We took the oath yesterday to commit to taking on this problem.”Homelessness has been an increasingly polarizing issue in Denver and it was a major focus on Johnston's mayoral campaign. He vowed to create tiny home communities on city-owned property as a way to get people off the street.Johnston said the state of emergency declaration will help the city access state and “possibly” federal funding. He also said it would allow the city to more quickly work through construction, renovation and permitting processes for new housing units.“And it sends a real message to all the rest of the state that we are deeply focused on this. We have real evidence to support that housing first as a strategy will get the great majority of people access to the support they need to stay housed and then access follow up resources,” he said. Johnston's inaugural address Monday was centered on the theme of what he called the “dream of Denver.” He mentioned housing costs, safety, mental illness, addiction and reimagining downtown as top priorities.Johnston said “Those of us on this stage took an oath today. But for us to succeed, every Denverite must take their own oath- an oath to dream, to serve, and to deliver. To dream (of) a Denver bold enough to include all of us. To serve our city above ourselves. To march on shoulder to shoulder, undeterred by failure, until we deliver results.”And your unsolicited concert pick of the week, Trombone Shorty & Orleans Avenue! With special guests Ziggy Marley, Mavis Staples, and the Robert Randolph Band. Monday July 24 at the Gerald Ford Amphitheatre in Vail. I've seen every one of these acts, and I'll just any one of them would be worth the trip on their own.  Welp, that's it for me! From Denver I'm Sean Diller. Original reporting for the stories in today's show comes from Colorado Sun, New York Times, Colorado Newsline, Arizona Mirror, and Denver's Westword.Thank you for listening! See you next time.

The Heartland POD
July 19, 2023 - High Country Politics - Government and Elections News from the American West

The Heartland POD

Play Episode Listen Later Jul 19, 2023 13:41


Lauren Boebert's fundraising lags Democratic challenger Adam Frisch | Rep. Yadira Caraveo (D-CO) raises $450K as her GOP challenger has yet to start fundraising | Anti-LGBTQ laws are being struck down around the country for violating First Amendment rights | Utah Supreme Court considers challenge to GOP gerrymandered Congressional map | Denver Mayor Mike Johnston declares a state of emergency around homelessness | Trombone Shorty & Orleans Avenue, Ziggy Marley, Mavis Staples, Robert Randolph Band play Vail on July 24.Song playsIntro by hostWelcome to High Country - politics in the American West. My name is Sean Diller; regular listeners might know me from Heartland Pod's Talking Politics, every Monday.Support this show and all the work in the Heartland POD universe by going to heartlandpod.com and clicking the link for Patreon, or go to Patreon.com/HeartlandPod to sign up. Membership starts at $1/month, with even more extra shows and special access at the higher levels. No matter the level you choose, your membership helps us create these independent shows as we work together to change the conversation.Alright! Let's get into it: COLORADO NEWSLINE:Lauren Boebert's Democratic challenger raised 3x what she did in the 2nd quarterBY: SARA WILSON - JULY 17, 2023 4:07 PMDemocrat Adam Frisch raised over three times what Republican incumbent Rep. Lauren Boebert did over the last three months in Colorado's 3rd Congressional District, as the seat appears likely to be a competitive — and expensive — race in 2024.In 2022, Boebert beat Frisch for a second term by 546 votes. Both candidates are actively fundraising with 16 months until a general election rematch.Frisch reported raising about $2.6 million during the most recent campaign finance reporting period, which ran from April to June, according to reports filed with the Federal Election Commission. The former Aspen City Council member spent about $1.4 million and has about $2.5 million in cash on hand.During his 2022 campaign, Frisch raised about $6.7 million, including personal loans, and spent about $6.4 million.Boebert reported raising over $800,000 from April to June. She spent a bit over $400,000 and has about $1.4 million in the bank.In 2022, Boebert raised almost $8 million and spent about $7.4 million.Both candidates brought in a large amount of donations under $200 that don't need to be individually listed on reports — about 66% of Frisch's cash and 47% of Boebert's.Frisch listed about 1,400 individual donations from Colorado residents for a total of about $280,000. Boebert listed about 600 donations from people in Colorado, raising about $150,000.Both Boebert and Frisch spent heavily on advertising during the quarter. Frisch reported spending over $600,000 on contact list acquisition and digital advertising and another $290,000 on direct mail. Boebert spent $52,000 on digital advertising and over $100,000 on direct mail. She reported spending over $28,000 on campaign-related travel during the quarter.The 3rd Congressional District encompasses the Western Slope, San Luis Valley and swings east to Pueblo County.In other districts - Democratic Rep. Yadira Caraveo in the 8th Congressional District raised about $450,000 during the quarter. She spent about $120,000 and has about $625,000 in cash on hand.Republican Scott James has announced his candidacy but has not reported any raising or spending so far this cycle.The National Republican Congressional Committee listed the district as a target race for 2024, priming it for an influx of national party attention and resources. At the same time, the Democratic Congressional Campaign Committee will also likely pour money into the race, listing Caraveo as a potential vulnerable freshman member.The 8th Congressional District includes Denver's northeast suburbs into Weld County.ARIZONA MIRROR:.Anti-LGBTQ laws in the US are getting struck down for limiting free speechDR. MARK SATTAJULY 13, 2023 7:11 AMAnti-LGBTQ laws passed in 2023 included measures to deny gender-affirming care to trans children. Photo by Mario Tama | Getty Images via The ConversationNearly 500 anti-LGBTQ bills have been introduced in state legislatures in the U.S. in 2023. Many of those bills seek to reduce or eliminate gender-affirming care for transgender minors or to ban drag performances in places where minors could view them.Most of those bills have not become law. But many of those that have did not survive legal scrutiny when challenged in court.A notable feature of these rulings is how many rely on the First Amendment's protection of free speech. In several of the decisions, judges used harsh language to describe what they deemed to be assaults on a fundamental American right.Here's a summary of some of the most notable legal outcomes:Drag performancesSeveral states passed laws aimed at restricting drag performances. These laws were quickly challenged in court. So far, judges have sided with those challenging these laws.On June 2, 2023, a federal judge permanently enjoined Tennessee's attempt to limit drag performances by restricting “adult entertainment” featuring “male or female impersonators.” When a law is permanently enjoined, it can no longer be enforced unless an appeals court reverses the decision.The judge ruled on broad grounds that Tennessee's law violated freedom of speech, writing that it “reeks with constitutional maladies of vagueness and overbreadth fatal to statutes that regulate First Amendment rights.” He also ruled that the law was passed for the “impermissible purpose of chilling constitutionally-protected speech” and that it engaged in viewpoint discrimination, which occurs when a law regulates speech from a disfavored perspective.Three weeks later, a federal judge granted a temporary injunction against Florida's anti-drag law on similar grounds.And in Utah, a federal judge required the city of St. George to grant a permit for a drag show, ruling that the city had applied an ordinance in a discriminatory manner in order to prevent the family-friendly drag show from happening. As in the other cases, the judge's ruling was based on First Amendment precedent.Gender-affirming careOn June 20, 2023, a federal judge permanently enjoined an Arkansas law, passed in 2021 over the veto of then-Gov. Asa Hutchinson, preventing transgender minors from receiving various kinds of gender-affirming medical care, including puberty blockers and hormone therapy.The judge held that Arkansas' law violated the Fourteenth Amendment's equal protection clause – which ensures laws are applied equally regardless of social characteristics like race or gender – because the law discriminated on the basis of sex.Arkansas claimed its law was passed in order to protect children and to safeguard medical ethics. The judge agreed that these were legitimate state interests, but rejected Arkansas' claim that its law furthered those ends.The judge also held that Arkansas' law violated the First Amendment free speech rights of medical care providers because the law would have prevented them from providing referrals for gender transition medical treatment.During June 2023, federal judges in Florida and Indiana granted temporary injunctions against enforcement of similar state laws. This means that these laws cannot be enforced until a full trial is conducted – and only if that trial results in a ruling that these laws are constitutional.Free speech for the LGBTQ communityIn striking down these unconstitutional state laws on First Amendment grounds, many judges went out of their way to reinforce the point that freedom of speech protects views about sexual orientation and gender identity that may be unpopular in conservative areas.In his ruling on the St. George, Utah case, U.S. District Judge David Nuffer stressed that “Public spaces are public spaces. Public spaces are not private spaces. Public spaces are not majority spaces. The First Amendment of the United States Constitution ensures that all citizens, popular or not, majority or minority, conventional or unconventional, have access to public spaces for public expression.”Nuffer also noted that “Public officials and the city governments in which they serve are trustees of constitutional rights for all citizens.” Protecting the constitutional rights of all citizens includes protecting the constitutional rights of members of the LGBTQ community and of other gender-nonconforming people.Free speech rights also extend to those who want to use speech in order to help promote the well-being of LGBTQ people. In ruling that Arkansas' law violated the First Amendment, Judge Jay Moody stated that the state law “prevents doctors from informing their patients where gender transition treatment may be available” and that it “effectively bans their ability to speak to patients about these treatments because the physician is not allowed to tell their patient where it is available.” For this reason, he held that the law violated the First Amendment.As additional anti-LGBTQ state laws are challenged in court, judges are likely to continue to use the First Amendment to show how such laws fail to respect Americans' fundamental free speech rights.This article is republished from The Conversation under a Creative Commons license. Read the original article. The ConversationNEW YORK TIMES:Utah G.O.P.'s Map Carved Up Salt Lake Democrats to dilute their power. Is that legal?The Utah Supreme Court heard arguments on Tuesday over whether a congressional map drawn to dilute Democratic votes was subject to judicial review, or a political issue beyond its reach.By Michael WinesJuly 11, 2023Last week, Utah's Supreme Court justices appeared skeptical of arguments put forward by the State Legislature that it had essentially unreviewable power to draw a map of the state's congressional districts that diluted the votes of Democrats.The Republican-controlled Legislature approved a map in 2021 that carved up Democratic-leaning Salt Lake County, the state's most populous county, and scattered its voters among the state's four U.S. House districts, all of which were predominantly Republican.The lawmakers acted after repealing a law — enacted by Utah voters in a 2018 ballot initiative — that outlawed political maps unduly favoring a candidate or political party.The Legislature's map was widely acknowledged at the time to be a partisan gerrymander, including by the Republican governor, Spencer J. Cox, who noted at the time that both parties often produced skewed maps.The question before the justices on Tuesday was whether the state's courts could hear a lawsuit challenging the Legislature's map, or whether partisan maps were a political issue beyond their jurisdiction. It was not clear when the court would hand down a ruling.Much of Tuesday's hearing — which was streamed on the state court's website — focused on the Legislature's repeal of the 2018 ballot initiative, given the provision in the State Constitution that all political power resides with the people and that they have the right “to alter and reform” their government.Mark Gaber is a lawyer for the Campaign Legal Center, an advocacy law firm based in Washington that represents the plaintiffs in the case before the court. He said, “the Legislature has for decades engaged in this anti-democratic distortion of the process. And the people said: ‘We have had enough. We are going to alter and reform our government and recognize that we hold the political power in this state.'”Taylor Meehan, a lawyer with the law firm Consovoy McCarthy who is representing the Legislature, said Utah citizens had many ways to exercise political influence even after the repeal. “The people can advocate for a constitutional amendment,” Ms. Meehan said. “The people also can elect and lobby and propose ideas to their Legislature. The Legislature will still be politically accountable for whether they vote maps up or down.”Chief Justice Matthew Durrant questioned the claim. “That seems like an empty promise,” he said. “Ultimately, under the system you're suggesting, the Legislature is always going to have the final say.”In court filings, legislators said that the State Constitution gave them exclusive authority to draw political maps, and that the plaintiffs were trying to impose “illusory standards of political equality” on the mapmaking process.With the U.S. Supreme Court having barred federal courts from deciding partisan gerrymander cases, state courts are becoming a crucial battleground for opponents of skewed maps. Joshua A. Douglas, an expert on state constitution protections for voting at the University of Kentucky, said the growing body of legal precedents in state gerrymandering cases was important because many state constitutions shared similar protections for elections and voters, often derived from one another.Courts in Pennsylvania, Maryland, Alaska, New York and, last week, New Mexico have ruled that partisan gerrymanders can be unconstitutional. So have courts in Ohio and North Carolina. However, the Ohio court proved unable to force the legislature to comply with its rulings, and the North Carolina decision was overturned in April after elections shifted the court's majority from Democratic to Republican.The Kentucky Supreme Court will hear a challenge to that state's congressional and legislative maps in September. And a lawsuit contesting an extreme Republican gerrymander of the Wisconsin Legislature is widely expected after an April election gave liberals a majority on the state's high court.Perhaps the closest analogy to the Utah gerrymander is in Nashville, where the latest congressional map by the Republican-led state legislature divided the city's former Democratic-majority U.S. House district among three heavily Republican districts. Democrats have not challenged the map in state courts, presumably because they see little prospect of winning in a State Supreme Court dominated by Republican appointees.In Utah's case, however, the State Supreme Court's five justices do not have reputations for bending easily to political winds. They are chosen through a merit-based selection process.The Utah plaintiffs — the state chapter of the League of Women Voters, the advocacy group Mormon Women for Ethical Government, and a handful of Utah voters —say that the gerrymandered map ignores a host of state constitutional provisions, including guarantees of free speech, free association and equal protection — provisions that they say should be read as prohibiting partisan maps.Republican legislators contend that they had the right to repeal the 2018 redistricting law, just as they could any other state law. And they say that the plaintiffs' aim is no different than their own: to tilt the playing field in their side's favor.But Katie Wright, the executive director of Better Boundaries — the group that led the effort to pass the redistricting law and that is backing the lawsuit — argued that there was a difference between the two. She noted that the Utah Legislature's disclosure of its new maps in 2021 sparked an unusually large public outcry that continues even today.“The reason we have this gerrymandered map is to keep the people who are in power in power,” she said. “But Utahns have not given up.”Michael Wines writes about voting and other election-related issues. Since joining The Times in 1988, he has covered the Justice Department, the White House, Congress, Russia, southern Africa, China and various other topics.  More about Michael WinesA version of this article appears in print on July 12, 2023, Section A, Page 16 of the New York edition with the headline: Utah's Supreme Court Weighs State Gerrymandering Case. Order Reprints | Today's Paper | COLORADO SUN:Denver's new mayor declares state of emergency on homelessness, sets goal of housing 1,000 unsheltered people by end of 2023Elliott Wenzler9:54 AM MDT on Jul 18, 2023In his first full day as Denver's new mayor, Mike Johnston declared a state of emergency around homelessness and announced that he plans to house 1,000 unsheltered people by the end of the year.Johnston said he will tour 78 neighborhoods across the city to accomplish his goal and that his staff will work with landlords, property owners and hotels to find housing availability. His administration is also looking at nearly 200 public plots to place tiny home communities where people experiencing homelessness can be housed.“This is what we think is the most important crisis the city is facing,” Johnston said at a news conference at the Denver's City and County Building. “We took the oath yesterday to commit to taking on this problem.”Homelessness has been an increasingly polarizing issue in Denver and it was a major focus on Johnston's mayoral campaign. He vowed to create tiny home communities on city-owned property as a way to get people off the street.Johnston said the state of emergency declaration will help the city access state and “possibly” federal funding. He also said it would allow the city to more quickly work through construction, renovation and permitting processes for new housing units.“And it sends a real message to all the rest of the state that we are deeply focused on this. We have real evidence to support that housing first as a strategy will get the great majority of people access to the support they need to stay housed and then access follow up resources,” he said. Johnston's inaugural address Monday was centered on the theme of what he called the “dream of Denver.” He mentioned housing costs, safety, mental illness, addiction and reimagining downtown as top priorities.Johnston said “Those of us on this stage took an oath today. But for us to succeed, every Denverite must take their own oath- an oath to dream, to serve, and to deliver. To dream (of) a Denver bold enough to include all of us. To serve our city above ourselves. To march on shoulder to shoulder, undeterred by failure, until we deliver results.”And your unsolicited concert pick of the week, Trombone Shorty & Orleans Avenue! With special guests Ziggy Marley, Mavis Staples, and the Robert Randolph Band. Monday July 24 at the Gerald Ford Amphitheatre in Vail. I've seen every one of these acts, and I'll just any one of them would be worth the trip on their own.  Welp, that's it for me! From Denver I'm Sean Diller. Original reporting for the stories in today's show comes from Colorado Sun, New York Times, Colorado Newsline, Arizona Mirror, and Denver's Westword.Thank you for listening! See you next time.

The Jabot
Working To Close The Gavel Gap with Sadiqa Reynolds - Episode 147

The Jabot

Play Episode Listen Later Jun 9, 2023 24:32


Kathryn interviews Sadiqa Reynolds, CEO of Perception Institute, who speaks about her career journey and the significance of diversity in the legal profession. Her current work involves addressing implicit bias and promoting genuine conversations about racial and gender disparities. Reynolds emphasizes the importance of having diverse representation in the judiciary, pointing out the need for law schools to recruit and retain diverse students. She finds meaning in serving and helping people and advises young attorneys and law students to pursue work that aligns with their life's purpose. Who is The Guest? Sadiqa Reynolds is the CEO of Perception Institute, where she leads a consortium of researchers and strategists to implement mind science solutions to reduce inequities affecting people of marginalized races, genders, ethnicities and other groups. Reynolds, an attorney and former judge, has spent most of her life advocating for access for all. She is recognized for her ability to manage crises, solve problems, and build unlikely coalitions. Because of her work, she has twice addressed the NGOs of the United Nations on the subjects of global poverty and racism. Episode Resources https://perception.org/staff/sadiqa-reynolds/   Episode Highlights Sadiqa Reynolds talks about her decision to go to law school and her motivation to help people, specifically related to her mother's experiences with domestic violence Her various career moves, such as clerking for the Kentucky Supreme Court, working as a public defender, serving as a district court judge, and her eventual role as President and CEO of the Louisville Urban League The pressure she faces as a black woman in her career, recognizing her own achievements, and overcoming imposter syndrome The mission of the Perception Institute and their work in helping people align their behavior with their intentions, addressing implicit bias, and promoting honest conversations instead of confrontation. The progress made in increasing the number of black female judges in Louisville, Kentucky Importance of being intentional in putting forward names for judicial appointments, examining campaign finance systems, and the need for law schools to recruit, retain, and graduate students of color to diversify the legal profession Her most rewarding experiences in her career, such as the impact she has had on community members and her commitment to service Episode Sponsored By https://www.lexisnexis.com/lexisplus  Subscribe, Share and Review To get the next episode subscribe with your favorite podcast player. Subscribe with Apple Podcasts Follow on Spotify Leave a review on Apple Podcasts

Public Defenseless
123: How a Vicious Union Busting Campaign Could Cripple Louisville Public Defense w/Cat Vining and Morgan King

Public Defenseless

Play Episode Listen Later May 30, 2023 78:11


On last week's show, Hunter spoke with Babatunde Aremu and demonstrated the ways in which a Public Defender Office could be unionized without causing strife between leadership and line public defenders. Unfortunately today's episode demonstrates the worst possible scenario for a unionization effort. Hunter sat down with Cat Vining and Morgan King, line public defenders in the Louisville Metro Public Defender Office, to discuss why they unionized and the incredible efforts that leadership took to make sure the union would be crushed. Unlike the rest of the state, Louisville Public Defense historically existed outside of the control of the Depart of Public Advocacy, but when the office decided to unionize, the powers that be stepped in to make a change. Despite the Governor vetoing the bill that would bring the office into the state system (while also calling out the legislation as retribution), the Louisville Metro Public Defender Office now sits on the precipice of a quick, ill planned ascension into the state system. So what comes next for those who rely on the services of the Louisville Metro Public Defender?       Guest: Cat Vining, Line Public Defender, Louisville Metro Public Defender Morgan King, Line Public Defender, Louisville Metro Public Defender   Resources Folder containing internal emails and other correspondence from Louisville Metro Public Defender Office https://drive.google.com/drive/folders/1X8zNcYWtWHMxia1OW1fIEct3LlTI0cQb?usp=sharing Brief overview of what the Kentucky Supreme Court said, as well as a link to the opinion by the Kentucky Supreme Court as well https://news.bloomberglaw.com/us-law-week/kentucky-high-court-tosses-challenge-to-state-lawyers-unionizing  Article about HB 568 --> https://www.wdrb.com/news/louisville-public-defenders-concerned-about-state-legislation-that-would-change-how-they-get-funding/article_93e36c90-ba37-11ed-8dc9-a773424b6481.html Gov. Beshear Veto --> https://www.wdrb.com/news/politics/gov-beshear-vetoes-bill-related-to-louisville-public-defenders-office-merging-with-state/article_bb4d6d5e-caad-11ed-b0e0-dbef141919b1.html Leo Smith's Campaign Contributions --> https://secure.kentucky.gov/kref/publicsearch/AllContributors?FirstName=Leo&LastName=Smith&FromOrganizationName=&ElectionDate=01%2F01%2F0001&City=&State=&Zip=&Employer=&Occupation=&OtherOccupation=&MinAmount=&MaxAmount=&MinimalDate=&MaximalDate=&ContributionMode=&ContributionSearchType=All&PageSize=10&PageIndex=0&ReportId= - this link hopefully goes straight to Leo Smith's campaign donations, but if not, that website is https://secure.kentucky.gov/kref/publicsearch/AllContributors and you can search Leo Smith's name to see his contribution to James Nemes in 2022, the same state Represenative who filed HB 568 merging our office into the state agency   Contact Hunter Parnell: Publicdefenseless@gmail.com  Instagram @PublicDefenselessPodcast Twitter                                                                 @PDefenselessPod  www.publicdefenseless.com Subscribe to the Patreon www.patreon.com/PublicDefenselessPodcast  Donate on Pay Pal https://www.paypal.com/donate/?hosted_button_id=FC6UYEFLAMBTE Donate on Stripe https://donate.stripe.com/cN26pR5IbaFY9I46oo  

Read by Example
Crossing the Bridge: A conversation with Terry Underwood about portfolio assessment

Read by Example

Play Episode Listen Later Apr 1, 2023 35:29


In this month's podcast, I spoke with Terry Underwood about portfolio assessment in the context of literacy instruction.Terry is a former classroom teacher and a university professor. He is the author of Portfolio Practices: Lessons from Schools, District, and States with Sandra Murphy, and The Portfolio Project: A Study of Assessment, Instruction, and Middle School Reform. Terry writes frequently at Learning to Read, Reading to Learn, an online journal where he shares his current thinking on literacy instruction today.The full transcript of our conversation below is made possible due to the generosity of our full subscribers. Consider becoming one today. Full subscribers have access to additional community benefits, including live conversations with literacy experts, leadership guides, and discussion threads.Full TranscriptMatt Renwick (00:03): This is Matt, and I'm joined by Terry Underwood, a literacy professor and author on a couple of books on portfolio assessment. And I asked Terry to come on. He's got a great newsletter, Learning to Read, Reading to Learn. Did I say that right? Terry Underwood (00:23): That's exactly right. Matt Renwick (00:25): He's got a great newsletter. I think everyone should subscribe to it. He had an interesting comment about failure and how the culture very much can drive that, either way for better or worse. And I just said, we got to talk about this if you get some time. And also talk about your work with portfolios, which I think I get a sense are starting to come back a little bit. I wrote a book on portfolios in 2017, and it didn't sell that well, but it seems I'm getting more questions about it now than I did in 2017. I'm curious as to maybe why. Terry, do you want to share just about your books some of that context? Terry Underwood (01:09): Yeah, absolutely. Matt. Hey, thanks for asking me to talk about this. This is really up my alley, more or less. The whole notion of fear, of sharing and fear of disclosing, I think is not just a problem for professional development of teachers. It's a problem for shining a light on pedagogy generally. And the fear is real. I mean, there there's a lot of teacher bashing out in the wild, you know, in the communities. And then when you add to that the fact that we have a model of schooling that is really grounded in a factory model where you have managers and workers, it's pretty ugly. I think that that's the bottom line. (02:09): And in the worst case, you get a kind of a surveillance of teachers, which will tend to make people fearful and drive them in into the shadows a little bit. I want to pivot a little bit and go back to where I started, my interest in portfolios. I didn't know that this was happening, but I've thought about this a lot of times. The last day of school when I was in high school. You know, everybody would leave the school building. It was a big school. We had about 2200 students all together. It was a township school in Illinois, and we had a lot of kids from rural areas that were bused in together into this high school. It sat right across from the Fox River in Illinois, and there was a bridge across the river. (03:08): And we had to, when we left school, almost everybody would walk across that bridge and go down Main Street to the west side of Chicago, Ottawa, where a lot of people lived. And what would happen, people would line up on the bridge and they would open their notebooks, and they would throw all of their papers into the river. And the river looked like it was just absolutely white with paper totally covered from shore to shore. And I always had a little bit of a problem every year with throwing my stuff away. A lot of it I didn't really care. But ever since I was in fourth grade, I started saving. I started writing stories in fourth grade, and I started saving some of my stories. And it just became kind of a habit. (04:01): And even to this day, I have rubber tubs full of papers from way back. I don't even know what's back there. My garage is just stuffed with this. But really, over the years I started to appreciate the value of collecting things that were of interest to me, and that I thought might show up. I found that I could never really predict when something would be useful to me. And so if I didn't have it, I didn't have it. I couldn't go back to it, which is part of the problem, you have a tendency to hoard there. Matt Renwick (04:43): You're collecting your knowledge. You had a value on what you created and sounds like you valued it more than some of your peers. Terry Underwood (04:56): Yeah, I never really advertised it or thought much about it until a lot later when I started looking back at this stuff. And I'm really glad I kept stuff from fourth grade. I still have some of my really early writings. Maybe 10, 12 years ago, I came upon, found out that the state of Minnesota...do you know anything about eFolio Minnesota? Matt Renwick (05:26): No. Terry Underwood (05:27): The state of Minnesota decided that every child born in the state would be given a portfolio site. And they developed this, they call it eFolio, Minnesota. I think that's the name of it. But anyway, if you were born in Minnesota, when you were born, you'd get a portfolio and they would give you a place to collect your stuff, and it's free, and any anybody else could buy a site from them, I think $19.99 a year. I started using that site in my teaching at Sacramento State. And prior to that, years before that, probably the early eighties, I was teaching composition at community colleges in California. (06:23): And I started to get wind of this portfolio movement that had been catching fire at least since the 1960s. And it essentially was rooted in this idea that if we don't attend to what we've done, regardless - you could call it a failure, you could call it a success, whatever it is - but we have done it. And if we don't look at it and examine it in relation to where we are now and where we would like to be, then we're sort of adrift. And it becomes very difficult to kind of make adjustments that may not be comfortable, but you can see you're convinced to take action. And I think there's a cognitive value that you have this intention that as you move forward, you're going to do things and you're going to pay attention to what you're doing because you know there's going to come a time when you're going to look back at it. (07:32): And so that got me really interested in portfolios. And when I taught fourth grade for three years in the late 1980s, I used portfolios pretty much exclusively. I mean, those kids were saving everything, and I actually would give them prompts and have them write in response to reflective prompts. When I entered a doctoral program in 1991, I knew that I wanted to do something along these lines. I was able to get positioned to study a formal portfolio system in English language arts in a middle school where I was teaching at the time. And that became the basis for my dissertation. I think the bottom line, Matt, is for me, portfolios are a way of thinking, of connecting the surface of our behavior with the deep structures that we are building in long-term memory. (08:50): And just as writing on paper as a mnemonic, when we're reading or writing, it allows us to manipulate furniture and long-term memory and build expertise through that manipulation. Portfolios are a sort of an extension of writing. And the one difference, when you write a text and you're going to send it out into the world, there's a kind of a boundary around it, and you hope that it will hold up all by itself with portfolios. You often don't know what you don't know, what the reader is going to make of what you put in. And so there isn't that kind of unity and coherence and organization that you find in a text, but it is a form of a text, especially when it's aimed at an audience. (09:45): At some point somebody's going to look at it. I think there's a lot of sort of romanticism around portfolios where it's all like joy and celebration and that is absolutely a part of it. I've thought about the idea of portfolio carnivals and portfolio reviews, portfolio showcases where we really are celebrating, and we're looking at accomplishments and taking stock of what we've done, that's what it's about. We want, we have to have those as human beings. But there's also portfolio ethnography. I think of portfolio ethnography as opposed to portfolio assessment, where the purpose of the ethnography is to uncover values and patterns of behavior and understand, to be able to explain what the cultural factors are that are creating the motivating sort of behavior. (10:55): So the word portfolio is nothing more than a collection of artifacts. And it takes on meaning and significance when you have that other word portfolio: carnival portfolio, review portfolio. When you add the term assessment, you really throw a monkey wrench into the whole process because at at bottom there's an antagonism between assessment and portfolio. If I'm just curating my artifacts and presenting them, what's in it for me to present them to you? So you can assess them? And a lot of times what happens when assessment gets tacked on, you really sort of disenfranchise the person who's creating the portfolio. And so that's the part that really has to be sorted out even before you begin to think about designing a portfolio. (12:07): It's one thing to do it in your own classroom because you, as the teacher, you have pretty much control over how you're going to design it, and you can really lessen the impact of assessment and use it more as a celebratory kind of a tool. But when you begin to talk about assessment, which is serious business, you teach without assessment. There's no way that you can organize a school without assessment. It's absolutely necessary. And so it has to be dealt with, and I have a couple of stories about the beginnings of large portfolio systems that I want to talk about. Matt Renwick (12:59): Yeah I just wanted to note this it's more than a collection of artifacts. It can be more than an assessment. You talk about ethnography; it certainly communicates what a child values. But you're starting to talk about school-wide or district-wide. I have to think it starts as you look at portfolios across different, several kids. It's going to start to convey the values of a school or a district as well. Terry Underwood (13:36): Yes, it absolutely does. In 1989 in the state of Kentucky, the Kentucky Supreme Court ruled that the entire state school system was unconstitutional and had to be redone. And they didn't specify a remedy, but turned it back to the legislature, and the legislature came up with a law. The legislation decided that they were going to use a portfolio as a reform tool. By the way, the reason it was unconstitutional: there were 66 rural counties in Kentucky that filed a suit. Those schools were just so seriously under-resourced that, I mean, there were stories that were sort of legendary. (14:46): But the school finance cases had been coming up since the sixties. There was a 30 year backlog of cases where they were decided. Usually it was just a matter of the state legislature coming up with some kind of law about how we're going to finance the schools so that we don't have such unequal funding. But in this case in Kentucky, they decided that they were going to use a portfolio assessment as a reform tool. And this was in the legislation. So they came up with an advisory committee for developing the portfolio system. And essentially it, you know the requirement in the Common Core that LEAs have formative assessments where you pool the data and you're able to look at trends and that sort of thing? (15:45): It was on steroids in Kentucky. The teachers had to make assignments pretty much across the state that were at least commendable in intent. And so the long arm of the state was reaching into the classroom, and teachers were giving assignments to kids based on specifications from afar, and kids were writing and putting those papers in their portfolios, and they were going out for moderation to make sure that they were being reliably scored and all that. And they had to be reliably scored because school funding was dependent on this index. It was sort of like in California: we have the A.P.I: the average performance index or something per school. Well, in Kentucky, 14 of their score on that index was determined by portfolios. Matt Renwick (16:49): A standardized assessment, essentially. Terry Underwood (16:52): Extremely standard. The difference is it didn't have any standardized tests. Just imagine if every day when you went in to teach, you had to give a standardized, multiple choice test. It would be equivalent to that, except it wasn't multiple choice. I think there was flexibility in the prompts, but essentially the kids hated it. The teachers were in many cases resentful. It's interesting that there's evidence that it actually improved. Matt Renwick (17:33): I was gonna say, yeah. I mean, just having the kids write every day. There's got to be some growth there. Terry Underwood (17:40): Yeah. They did. When I was preparing for this, I remembered that the Kentucky Writing Advisory Committee created a writing portfolio assessment system. And that system had to embrace writing with a purpose, which means that it's more than spelling, it's more than generating paragraphs. There has to be a purpose to the writing. Writing is a process that we don't just think about and create a text, that there are stages that you go through to create a text writing for an audience: who you're writing for (and) who you can conceive of as the reader impacts both your purpose and your process. And then use that writing for a direct assessment to figure out what is going on in the classroom. Matt Renwick (18:52): Well, when you first mentioned this project, it sounded pretty good. I mean, there was good purpose and audience. That's great stuff. But you were mentioning that the teachers and the students were not appreciative of it, because it was kind of top down mandate. Terry Underwood (19:16): Well, it took all agency from them. I think part of the problem is in the rural schools, it may have been seen as a blessing compared to what they were getting before. But in the more affluent areas where kids were probably getting fairly good instruction anyway, it was an add-on. It was a chore, it was an intrusion. And so when you stop to think about, "How do you create a portfolio assessment system?", the first thing you have to ask is, "Why do I want a portfolio system?" And who is going to be involved in it? And if you forget that the primary participants are the students... Matt Renwick (20:04): Mm-hmm. Terry Underwood (20:05): and their teachers, then you're gonna fail. There's no sense even beginning. And that's what happened, I think, in Kentucky. They forgot that they're dealing with teachers and learners. David Pearson makes a case for what he calls "teacher prerogative". Professionals in other areas like medicine and law have what's called prerogative. And what that means is that research is research, but it is the practitioner's prerogative to use that research as they see it useful in their own practice. And it is an individual prerogative. Unless you're an MD and I get you from malpractice or whatever, I'm not going to be able to put you on remote control and tell you what to do. (21:05): Now, in an ideal world, we would have that in teacher practice. Now that might generate fear, but it's going to be a different kind of fear. Rather than fear, that I'm gonna be found out that I'm not really as good as I appear or whatever. It's fear that I might be wrong, that my kids aren't going to do very well. Even though there might be an activity that I'm thinking about doing in a classroom, even though I don't like it, I don't think it's going be very much fun, I'm going to have to work at it myself. I'm going to do it because I have a fear that if I don't do it, things aren't going to work as well. An, I'd be definitely willing to talk about that with other teachers in public. (22:02): The contrasting case here in 1990, 1991, the state of Vermont, I think it may have been the first state to voluntarily decide to do a portfolio assessment system. And how they went about it - I also wrote a chapter on Vermont in that book - was trying to get ahead of the fear that schools would get destroyed in the coming onslaught of standardized tests. So who is creating the portfolio system? The state of Vermont. And why are they doing it? In Kentucky, they were doing it to reform. So it had a political purpose in Vermont. They were actually acting out of fear that what was going on in the schools was going to be hyper standardized and pretty much controlled. (23:00): And they wanted to get ahead of that. This book, by the way, is designed for anybody who wants to create a portfolio system. You need this book, because what we do is we examine nine different portfolio systems from the level of the classroom to the school, to the district, to the state, to the nation. And we talk about their strategies for collection. How do they collect? What do they recommend people do to collect material in the portfolio, their strategies for selection? At some point in the portfolio process, learners have to select. The whole question of who selects the material, does the teacher, or does the kid? Well, that has to be negotiated as part of the design process. And then, reflection...some will argue me, among them, that you can't call it a portfolio if there is not a structured way. (24:09): Kids are gonna reflect on their work periodically in a formal public thoughtful way with their teachers and with their peers. So you have the collection part of it, the selection part of it, the reflection part of it, how are they going to do that? And then the publication part of it. At that point, you really begin to get it. You have to be very careful about who owns this work? What work is going to be made public and why is it gonna be made public? And that's where really I think if the public purpose is for an assessment, that it has to be really carefully controlled because you run the risk of disclosing all kinds of stuff. People will destroy the portfolio system. (25:05): If that's not the purpose, then it probably should be celebratory or showcase, or some sort of a portfolio review. Then it provides the same incentive that kids need to write, that somebody's going to read this stuff, and we're going to look at it for positive purposes. In this book, after each chapter we have a section called Opportunities for Discussion. Inquiry #1: the Kentucky system asks students to write for real world audiences during their classroom instruction, while simultaneously asking students to write for an examiner audience. That is for the individuals who review and score portfolios. What influence might this complex relationship have on students' writing processes? One time I was working with a local school, an elementary school, and they were interested in school-wide writing assessment. (26:07): And we designed some assessments. A couple years later, I went back to the school and I talked to a teacher that I had talked to before. I found out that some of the 3rd grade teachers were beginning to score higher on the writing assessment then the teachers who had been sort of writing gurus After I checked into it, I found out that the formula was if you wanted to score higher in third grade, for every noun, get your kids to write three adjectives so that you get this kind of sparkly, popping kind of writing. Now a good writing teacher will say, pay more attention to your nouns because the nouns carry the substance. And sure enough, when I looked at these papers, these kids were three adjectives per noun. I remember this one paper, "My best friend Kyle has short, dark, light hair." Matt Renwick (27:23):  Terry Underwood (27:24): You know, the attention is on the adjectives. So what's going to happen if you have the kids writing for real purposes at the same time, we're going to take that for an examiner audience. And it kind of creates a schizoid writing environment. "Kentucky's system was developed under the assumption that instruction would not change unless teachers were given financial incentives. Do you believe that this assumption is true?" So this portfolio system...you can see there's a lot of kind of strings attached to it that will distort what you really want. You want to get kids who, when they crossed that bridge after graduating from high school, they're not going to throw their stuff in a river. In my case, it was just accidental. I mean, I happen to have a fourth grade teacher who's like, my stories. Matt Renwick (28:27): There you go. Terry Underwood (28:29): Yeah. And how do we get that in some sort of systematic way? Matt Renwick (28:39): I'm thinking about today, why any district or school or even teacher would want to start portfolios. One thing that's starting to come up, I'm seeing more of is related to the test or to assessment like you're talking about here, Terry, not to circumvent them or to avoid over-standardization or to reform, but to compliment. So for example, English learners, some of these students are not doing well on ACCESS tests when I've worked with another district or two. And so they see the portfolio as another way to kind of create a richer picture of this kid. And maybe they're not doing well on the standardized test, but this portfolio can serve as assessment and, you know, it can also be gamed as you were saying with the three adjectives. It sounds like kind of a theme though, is they have very good intentions, and then when we put into practice, things get complex and complicated and messy. Terry Underwood (29:58): Yeah. And I really think that's the heart of it: the degree to which the student is legitimately involved and seen as a real active participant in it. And not just someone that we're trying to help or we're trying to make sure that that this person can grow up and function in this society, but actually an agent who we hope at some point is going to be self-actualized and would be able to self-assess. In an ideal world, what I would like to see is when we assess kids, let's see how well they self-assess, how well they know what they're up to and how clearly do they have a sense of where they're going. (30:59): I don't know if you are familiar with John Downing? John Downing was a researcher from the seventies, and he died young, but he had this theory of cognitive confusion that the problem with kids learning, especially in in literacy, is that they don't understand why they're doing this. They don't understand what the point is. I wrote a story where Mr. Bubbles goes out to talk to a first grade kid who's been this second grade kid. His teacher thinks he has dyslexia, and Bubbles talks to him and asks him, 'Well, what do you think is going on in people's minds when they're reading? Have you ever ever watched anybody read?" (31:51): "Yeah, watched my dad. My dad sits there. "Well, what's your dad doing?" "Well, he's pretty much just like real quiet, and he has the newspaper in front of his face and he's doing something, and I know he's doing something, but I know that he gets really mad if I bug him. But, you know, he wants to, he wants to read this paper." But he doesn't know what's going on. And then he goes to school and the first thing he finds out is, when you sit down at your desk, you see a letter and the letter goes B, but the kid knows that's not what my dad is doing, you know, and for four or five months, this is what he gets. And so eventually he just says, "You know, I'm confused and I'm never...this is not, this is not for me." (32:41): "I don't understand what's going on here, and I'm just going to tell me what to do because I have to." And so that early on, if we get comfortable with confusion and we start to think that we have to look elsewhere, or we have to capitulate and stop looking and just do what we're supposed to do. My own daughter, she's in a doctoral program, and she was telling me just a couple weeks ago that she had no idea how deeply she had internalized that. And it's only now that she's thinking about, "What am I going to do my dissertation on?" And she has to come up with it. It's got to be something she really deeply cares about. (33:32): All of that external guidance is by the wayside. Could you imagine if we start that in kindergarten? Yeah. And portfolios will allow you to do that. If you think about a writing prompt...if I give you the writing prompt, if you are supposed to write every day, and I'm telling you what to write about, right at that point, you are walled off from the activity. When I taught fourth grade, I taught my kids to write prompts. And what goes into a prompt? And when we did writing workshop, they had to tell me who you're writing this, what is the content, what's the substance going to be? How do you think that starting this with a narrative is gonna be a good idea? What makes you think that? That became their job. Then I had something when I conference with them. I would be able to go back and reference that. Matt Renwick (34:50): Whenever you hear, "Teach the reader and the reading," you know, or "Teach the writer and the writing," I think this is what you're talking about. You're teaching readers and writers while you're teaching reading and writing. And it's so much about shifting the responsibility and feeling the trust and the confidence in kids to not just teach them writing today, but to be a writer and a reader tomorrow. This has been great. I wanna keep talking with you, Terry, but I'm gonna pause the recording here and just want to say thanks for joining me. Terry Underwood (35:25):  Alright, Matt. Hey, take care of yourself.  Get full access to Read by Example at readbyexample.substack.com/subscribe

Heartland POD
The Flyover View, February 17, 2023 | Heartland Politics, News, and Views

Heartland POD

Play Episode Listen Later Feb 17, 2023 19:07


Host: Kevin Smith Dives into the weekly news most impactful to the HeartlandHEADLINESElection deniers face a nationwide wave of pushback MSN - https://www.msn.com/en-us/news/other/election-deniers-face-a-nationwide-wave-of-pushbacks/ar-AA17widQVoices against Republican push to make it harder to amend the Missouri constitution gain conservative support StL Today - https://www.stltoday.com/news/local/govt-and-politics/gop-bid-to-make-it-harder-to-amend-missouri-constitution-draws-conservative-opposition/article_0a88a4ee-3bf9-5fd4-a0f2-a186f774149a.htmlLIGHTNING ROUNDAlabamaBuild a better catfishOutdoor Life - https://www.outdoorlife.com/fishing/alligator-catfish-hybrid-alabama/?fbclid=IwAR3aRzF2ieI5BLrwpolXdPEQ1tYVXMPdQfVfxqLubGtRDxr-IKTHzvlucGE&mibextid=Zxz2cZKentuckyTrigger ban on abortion to remain in effect. Lexington Herald Leader - https://www.kentucky.com/news/politics-government/article272525366.htmlIowa Asset limit for SNAPIowa Capital Dispatch - https://iowacapitaldispatch.com/2023/02/15/bill-could-make-iowans-with-cars-savings-ineligible-for-snap-medicaid/KansasLegislators seek to erase trans peoples legally.PBS - https://www.pbs.org/newshour/politics/kansas-push-to-define-sex-decried-as-erasing-transgender-peopleGOP disdain for small governmentKansas Reflector - https://kansasreflector.com/2023/02/15/kansas-cities-push-back-against-house-bill-nullifying-local-anti-discrimination-ordinances/MissouriRockwood fires back against racist parent. KMOX - https://www.audacy.com/kmox/articles/news/school-responds-to-complaint-about-book-on-black-astronautBlack leaders rally.AP - https://apnews.com/article/politics-mississippi-st-louis-missouri-813d91d638a6822fdfbeb613ea523f53Missouri's Don't Say Gay Law ABC - https://abcnews.go.com/US/new-missouri-bill-takes-dont-gay-law/story?id=96977642OklahomaParental Rights still at stake post Marriage Equality The 19th - https://19thnews.org/2023/02/oklahoma-judge-parental-rights-lgbtq-same-sex-marriage/South CarolinaNikki Haley shows love for neo-confederates.Meidas Touch - https://twitter.com/MeidasTouch/status/1625639934999797760

The Heartland POD
The Flyover View, February 17, 2023 | Heartland Politics, News, and Views

The Heartland POD

Play Episode Listen Later Feb 17, 2023 19:07


Host: Kevin Smith Dives into the weekly news most impactful to the HeartlandHEADLINESElection deniers face a nationwide wave of pushback MSN - https://www.msn.com/en-us/news/other/election-deniers-face-a-nationwide-wave-of-pushbacks/ar-AA17widQVoices against Republican push to make it harder to amend the Missouri constitution gain conservative support StL Today - https://www.stltoday.com/news/local/govt-and-politics/gop-bid-to-make-it-harder-to-amend-missouri-constitution-draws-conservative-opposition/article_0a88a4ee-3bf9-5fd4-a0f2-a186f774149a.htmlLIGHTNING ROUNDAlabamaBuild a better catfishOutdoor Life - https://www.outdoorlife.com/fishing/alligator-catfish-hybrid-alabama/?fbclid=IwAR3aRzF2ieI5BLrwpolXdPEQ1tYVXMPdQfVfxqLubGtRDxr-IKTHzvlucGE&mibextid=Zxz2cZKentuckyTrigger ban on abortion to remain in effect. Lexington Herald Leader - https://www.kentucky.com/news/politics-government/article272525366.htmlIowa Asset limit for SNAPIowa Capital Dispatch - https://iowacapitaldispatch.com/2023/02/15/bill-could-make-iowans-with-cars-savings-ineligible-for-snap-medicaid/KansasLegislators seek to erase trans peoples legally.PBS - https://www.pbs.org/newshour/politics/kansas-push-to-define-sex-decried-as-erasing-transgender-peopleGOP disdain for small governmentKansas Reflector - https://kansasreflector.com/2023/02/15/kansas-cities-push-back-against-house-bill-nullifying-local-anti-discrimination-ordinances/MissouriRockwood fires back against racist parent. KMOX - https://www.audacy.com/kmox/articles/news/school-responds-to-complaint-about-book-on-black-astronautBlack leaders rally.AP - https://apnews.com/article/politics-mississippi-st-louis-missouri-813d91d638a6822fdfbeb613ea523f53Missouri's Don't Say Gay Law ABC - https://abcnews.go.com/US/new-missouri-bill-takes-dont-gay-law/story?id=96977642OklahomaParental Rights still at stake post Marriage Equality The 19th - https://19thnews.org/2023/02/oklahoma-judge-parental-rights-lgbtq-same-sex-marriage/South CarolinaNikki Haley shows love for neo-confederates.Meidas Touch - https://twitter.com/MeidasTouch/status/1625639934999797760

KCIS Newsmakers Weekend
Newsmakers, Thursday, February 16, 2023

KCIS Newsmakers Weekend

Play Episode Listen Later Feb 16, 2023 3:18


Kentucky Supreme Court keeps near-total abortion ban in place for now...federal appeals court to rehear Conneticut transgender athlete case...ande Damar Hamlin reponds to criticism over his Super Bowl jacket.

Kentucky Edition
January 9, 2023 - The search continues for a victim missing since the late July floods.

Kentucky Edition

Play Episode Listen Later Jan 10, 2023 27:30


The search continues for a victim missing since the late July floods; a new chief justice is sworn in for the Kentucky Supreme Court; Rep. Lisa Willner files a bill to increase the state income tax for some; Rep. Savannah Maddox files a bill that would make it easier for people to carry concealed guns in schools; and a look at the growth of the secondhand apparel market in Kentucky.

Southpaws
Southpaws 12-30-22 Pod

Southpaws

Play Episode Listen Later Dec 30, 2022 59:04


Darren and Jack discuss these topics:Adam Fox and Barry Croft, Jr. are sentenced to lengthy federal prison terms for their roles in the plot to kidnap and murder Michigan Governor Gretchen Whitmer (D).Lauren Boebert's shuttered Colorado restaurant will reopen as a Mexican restaurant.Recently elected New York Congressman George Santos admits to lying about pretty much everything. Will Congressional leadership keep him from being seated?Someone vandalized four electric substations in Washington state on Christmas. Is this a dry run for something bigger?Medicare Advantage is a scam perpetrated on this country by George W. Bush.A Missouri judge ruled the state's funding restrictions against Planned Parenthood are unconstitutional.The Kentucky Supreme Court ruled the state's school choice law unconstitutional.And Rep. Jamie Raskin (D-MD) announced that he has lymphoma.Hammer Time: Judge Robert Jonker refused to give life to Adam Fox and Barry Croft, Jr. because he believes there's good in everybody.Hammer Time: Reps. Lauren Boebert (R-CO) and Matt Gaetz (R-FL) refused to stand during Ukrainian President Volodymyr Zelenskyy's speech to Congress.Off The Cuff: A North Dakota woman who brought a raccoon into a bar was given one year probation by a judge.Off The Cuff: Michigan DNR officers arrested a man parked at the entrance to a state game area in Kalamazoo County. The circumstances surrounding the arrest are classic Off The Cuff.

Progress Kentucky: Colonels of Truth!
SCOKY & Schools w/SaveBernheimNow.org #ColonelsOfTruth

Progress Kentucky: Colonels of Truth!

Play Episode Listen Later Dec 22, 2022 61:59


Aaron, Doug & Nema cover an early Christmas present to public schools from the Kentucky Supreme Court - we share how the crowded GOP Governor's primary just added shoulder room for the wacky anti-Andy crew - then we discuss an important fight over a natural gas pipeline proposal which would endanger the protected Bernheim Forest, with our guests, concerned citizen Deborah Potts Novgorodoff & Terrell Holder with the Greater Louisville Sierra Club - And we wrap up with an important call to action. SHOW NOTES: NEWS OF THE WEAK: https://www.kentucky.com/news/local/education/article270041662.html https://www.nkytribune.com/2022/12/ky-supreme-court-strikes-down-controversial-school-choice-measure-educational-opportunity-acct-act/ https://www.kentucky.com/news/politics-government/article270252677.html https://linknky.com/kentucky/frankfort/2022/12/20/buddy-wheatley-announces-bid-for-secretary-of-state/ https://www.kentucky.com/news/politics-government/article270249942.html INTERVIEW: https://savebernheimnow.org/ https://bernheim.org/ CALL TO ACTION: https://savebernheimnow.org/ #ProgressKentucky - #ColonelsOfTruth Tonight's show produced by Nato Join us! - http://progressky.org/ - http://bit.ly/joinproky Support us! - http://bit.ly/supportproky Live Wednesdays at 7pm - https://www.facebook.com/progressky/live/ Facebook - @progressky Instagram - @progress_ky Twitter - @progress_ky YouTube - http://bit.ly/progress_ky Music from www.NatoSongs.com Logo and some graphic design provided by www.couchfiremedia.com

Kentucky Edition
December 15, 2022

Kentucky Edition

Play Episode Listen Later Dec 20, 2022 27:02


The Kentucky Supreme Court rules the state's school choice program is unconstitutional; and state lawmakers ask for updates following a riot at a youth detention center.

Comment on Kentucky
December 16, 2022 - KY Supreme Court strikes down charter school law

Comment on Kentucky

Play Episode Listen Later Dec 19, 2022 26:35


Journalists from around the state discuss the news of the week with host Bill Bryant, including a Kentucky Supreme Court ruling striking down a new law designed to fund private and charter schools and political news ahead of the 2023 General Assembly. Guests: Tessa Duvall, Lexington Herald-Leader; Sarah Ladd, States Newsroom; and Joe Sonka, Louisville Courier Journal.

Comment on Kentucky
November 18, 2022 - The Kentucky Supreme Court hears arguments in abortion case

Comment on Kentucky

Play Episode Listen Later Nov 29, 2022 26:39


Journalists from around the state discuss the news of the week with host Bill Bryant, including arguments to the Kentucky Supreme Court over whether abortion rights are protected in the state Constitution. Guests: John Cheves, Lexington Herald-Leader; Divya Karthikeyan, Kentucky Public Radio; and Chris Otts, WDRB in Louisville.

Kentucky Edition
November 16, 2022

Kentucky Edition

Play Episode Listen Later Nov 17, 2022 27:01


Sen. Mitch McConnell will remain the Senate GOP leader. Former President Donald Trump announces a third run for the White House. The Kentucky Supreme Court elects a new chief justice. Travel trailers arrive in Breathitt County to help people still recovering from devastating flooding in July. Plus a look inside an organization that helps individuals with developmental disabilities.

AP Audio Stories
Kentucky Supreme Court set to weigh statewide abortion bans

AP Audio Stories

Play Episode Listen Later Nov 15, 2022 0:56


AP correspondent Julie Walker reports on Abortion Kentucky

LINK nky Daily Headlines
LINK nky Daily Headlines: November 15, 2022

LINK nky Daily Headlines

Play Episode Listen Later Nov 15, 2022 7:59


On today's episode: ​​judge rules redistricting maps constitutional despite partisan gerrymandering; and Kentucky Supreme Court to hear oral arguments over state's abortion bans. Listen here or wherever you get your podcasts.

KCIS Newsmakers Weekend
Newsmakers, Tuesday, November 15, 2022

KCIS Newsmakers Weekend

Play Episode Listen Later Nov 15, 2022 2:57


Judge overturns Georgia abortion law...Kentucky Supreme Court hears arguments over its abortion law...and U-S Catholic Bishops elect new president.

LINK nky Daily Headlines
LINK nky Daily Headlines: November 10, 2022

LINK nky Daily Headlines

Play Episode Listen Later Nov 10, 2022 7:29


On today's episode: ​​2 of 3 NKY counties shot down abortion amendment; Kenton County Police Department receives reaccreditation; Keller reelected to Kentucky Supreme Court, beating Fischer; and Kenton County Animal Services at full capacity, running adoption specials. Listen here or wherever you get your podcasts.

Kentucky Edition
October 28, 2022

Kentucky Edition

Play Episode Listen Later Oct 31, 2022 27:30


A federal appeals court sides with a candidate running for the Kentucky Supreme Court; a doctor reacts to the nationwide shortage of a common antibiotic for children; a southern Kentucky health department tries something new in hopes of saving lives; and Lexington prepares to host the Breeders' Cup.

Kentucky Edition
October 12, 2022

Kentucky Edition

Play Episode Listen Later Oct 17, 2022 27:30


The Kentucky Supreme Court hears arguments about HB 563; both candidates in Kentucky's U.S. senate race are talking about veterans' issues in new ads; a former Louisville Metro Police Department officer blamed for starting an incident that ended in a Louisville restaurant owner's death pleads guilty, and a look at Asbury University's work to train police horses.

Cato Daily Podcast
Kentucky Gives School Choice Its Day in Court

Cato Daily Podcast

Play Episode Listen Later Oct 10, 2022 11:20


Kentucky is late to the school choice party, but its education opportunity accounts (#KYEOA) would deliver new education options for parents seeking better choices for their children. The Kentucky Supreme Court will hear oral arguments about EOAs this week. Akia McNeary is a parent seeking better education for her kids. David Hodges is an attorney at the Institute for Justice. Hosted on Acast. See acast.com/privacy for more information.

Zalma on Insurance
Search for Deep Pocket Fails

Zalma on Insurance

Play Episode Listen Later Aug 29, 2022 10:29


Substantial Compliance with Statute Transfers Title to Vehicle SERIOUS INJURY ALWAYS BRINGS LITIGATION When an accident results in serious injuries the lawyers for the injured parties seek other defendants, no matter how weak the argument may be to bring in additional defendants. In Delores Zepeda v. Central Motors, Inc., No. 2021-SC-0204-DG, Supreme Court of Kentucky (August 18, 2022) the Kentucky Supreme Court was faced with an argument that a car dealer who sold a vehicle to another and was a few days short on filing all of the transfer of title paperwork, should be held to be the owner of the vehicle and, therefore, responsible for the injuries. This appeal was solely concerned with determining the statutory ownership of the BMW between Garcia and Central Motors which controlled whether Zepeda could dip into Central Motors' insurance. FACTS Dolores Zepeda (Zepeda) was grievously wounded in an automobile accident. She filed a claim against Central Motors, Inc. (Central Motors) alleging it was the statutory owner of the 2002 BMW in which she was a passenger at the time of the accident. The trial court granted summary judgment in favor of Central Motors, holding it had substantially complied with KRS 186A.220 when it sold the vehicle to Juan Garcia (Garcia) and was no longer the statutory owner of the vehicle. Zepeda appealed and the Court of Appeals affirmed the lower court's ruling. Though Morales did not possess a valid driver's license, Garcia let Morales drive the vehicle. On August 14, 2014, Morales was driving the 2002 BMW when he caused it to crash in a single vehicle accident. Morales had a blood alcohol level (BAC) of 0.145. The accident killed Morales and left his passenger, Zepeda, paralyzed. The title was issued in Garcia's name the next day on August 15th and the registration was completed on the 18th, three days later. Zepeda sued the Estate of Morales seeking compensatory and punitive damages; against Garcia for negligent entrustment; against Allstate Property & Casualty Insurance Company (Allstate) for underinsured motorist coverage; and against Central Motors as the purported statutory owner of the vehicle. Therefore, the trial court reasoned, under the Kentucky Supreme Court's decision in Travelers Indem. Co. v. Armstrong, 565 S.W.3d 550 (Ky. 2018), that there was substantial compliance with KRS 186A.220. --- Support this podcast: https://anchor.fm/barry-zalma/support

LINK nky Daily Headlines
LINK nky Daily Headlines: August 19, 2022

LINK nky Daily Headlines

Play Episode Listen Later Aug 19, 2022 8:33


On today's episode, Edgewood rejects city building gun ordinance; Kentucky Supreme Court keeps state abortion ban in place as other cases continue; Police plan traffic blitz to combat aggressive driving; and Inside LINK: Why our ads are different By Lacy Starling.Listen here or wherever you get your podcasts.

Supreme Court Opinions
The Thirteenth Amendment to the United States Constitution (Part 4)

Supreme Court Opinions

Play Episode Listen Later Feb 16, 2022 14:27


Judicial interpretation In contrast to the other "Reconstruction Amendments", the Thirteenth Amendment was rarely cited in later case law. As historian Amy Dru Stanley summarizes, "beyond a handful of landmark rulings striking down debt peonage, flagrant involuntary servitude, and some instances of race-based violence and discrimination, the Thirteenth Amendment has never been a potent source of rights claims." Black slaves and their descendants United States v Rhodes (1866), one of the first Thirteenth Amendment cases, tested the constitutionality of provisions in the Civil Rights Act of 1866 that granted blacks redress in the federal courts. Kentucky law prohibited blacks from testifying against whites—an arrangement which compromised the ability of Nancy Talbot ("a citizen of the United States of the African race") to reach justice against a white person accused of robbing her. After Talbot attempted to try the case in federal court, the Kentucky Supreme Court ruled this federal option unconstitutional. Noah Swayne (a Supreme Court justice sitting on the Kentucky Circuit Court) overturned the Kentucky decision, holding that without the material enforcement provided by the Civil Rights Act, slavery would not truly be abolished. With In Re Turner (1867), Chief Justice Salmon P Chase ordered freedom for Elizabeth Turner, a former slave in Maryland who became indentured to her former master. In Blyew v United States, (1872) the Supreme Court heard another Civil Rights Act case relating to federal courts in Kentucky. John Blyew and George Kennard were white men visiting the cabin of a black family, the Fosters. Blyew apparently became angry with sixteen-year-old Richard Foster and hit him twice in the head with an ax. Blyew and Kennard killed Richard's parents, Sallie and Jack Foster, and his blind grandmother, Lucy Armstrong. They severely wounded the Fosters' two young daughters. Kentucky courts would not allow the Foster children to testify against Blyew and Kennard. Federal courts, authorized by the Civil Rights Act, found Blyew and Kennard guilty of murder. The Supreme Court ruled that the Foster children did not have standing in federal courts because only living people could take advantage of the Act. In doing so, the Courts effectively ruled that the Thirteenth Amendment did not permit a federal remedy in murder cases. Swayne and Joseph P Bradley dissented, maintaining that in order to have meaningful effects, the Thirteenth Amendment would have to address systemic racial oppression.

Kentucky Headlines
December 1, 2021 - Kentucky's COVID-19 Positivity Rate Continues to Rise

Kentucky Headlines

Play Episode Listen Later Dec 2, 2021 0:56


Kentucky's COVID-19 positivity rate is above eight and a half percent, State Rep. Joseph Fischer will run for a Kentucky Supreme Court seat and The Kentucky Board of Education approved new regulations dealing with corporal punishment.

Kentucky Headlines
October 13, 2021 - Kentucky Supreme Court's Chief Justice Announces Retirement

Kentucky Headlines

Play Episode Listen Later Oct 14, 2021 0:56


Kentucky Supreme Court Chief Justice John Minton announces his retirement, UK announces its mask policy for home basketball games and new details on essential worker bonuses.

Comment on Kentucky
August 27, 2021 - COVID-19 Overwhelms Kentucky Hospitals and a Kentucky Supreme Court Decision Explained

Comment on Kentucky

Play Episode Listen Later Aug 30, 2021 26:32


Bill Bryant and journalists discuss the week's news, including a mounting health crisis as hospitals around the state are overwhelmed by COVID-19 cases and a major Kentucky Supreme Court decision that curbs Gov. Andy Beshear's executive authority. Guests: Lawrence Smith, WDRB in Louisville; Mark Vanderhoff, WLKY in Louisville; and Deborah Yetter, Louisville Courier Journal.

Pegasus Podcast
Courts Strike Back at Unchecked Tyranny

Pegasus Podcast

Play Episode Listen Later Aug 30, 2021 37:31


Decisions by the United States Supreme Court and Kentucky Supreme Court in the last week have had many consequences for unchecked executive power. In Kentucky, justices reaffirmed the role of the legislature, paving the way for a return to balanced power. On the federal level, the eviction moratorium was once again found illegal, reminding Presidents that cannot do it all alone.

Creighton Meland
Important Kentucky Supreme Court COVID-19 Pandemic Ruling

Creighton Meland

Play Episode Listen Later Aug 23, 2021 4:01


This podcast discusses the Kentucky Supreme Court's ruling that upholds a law limiting the Governor's pandemic-related powers.

RTP's Free Lunch Podcast
Deep Dive 181 – State of Emergency? Kentucky's Legislature vs. Governor

RTP's Free Lunch Podcast

Play Episode Listen Later Jun 22, 2021 63:52


On June 10, the Kentucky Supreme Court heard a pair of cases to consider whether and to what extent the Commonwealth's legislature may set parameters on the Governor's exercise of emergency powers.In March 2020, Kentucky Governor Andy Beshear declared a state of emergency related to the COVID-19 pandemic. Since then, he and other executive branch officials have issued executive orders, regulations, and other directives aimed at combatting the spread of the virus. On February 2 of this year, Kentucky's General Assembly enacted a series of bills — over Governor Beshear's vetoes — that amended the Commonwealth's emergency powers laws. Under those laws, executive emergency orders that restrict private entities like businesses and churches lapse automatically after 30 days unless extended with the agreement of the legislature. Without legislative action, the Governor's existing orders lapsed on March 4, 2021. The Governor maintains, however, that the new laws invade the executive's authority to respond to emergencies and that he may continue to enforce emergency orders.Two lawsuits followed. First, Governor Beshear sued the leaders of Kentucky's legislature and the Attorney General and asked the court to declare that the new laws usurp his executive powers. Separately, Pacific Legal Foundation sued the Governor on behalf of three restaurant owners who challenge the Governor's authority to continue the enforcement of business restrictions after March 4.The judges in each case issued temporary injunctions. In the Governor's case, a Franklin County judge suspended certain provisions of the new laws. In PLF's case, a Scott County judge ordered the Governor to cease enforcement of orders against PLF's clients. The order in the latter case has been put on hold, and both cases have been appealed. The Kentucky Supreme Court accepted "transfer" from the appellate court and ordered that the two cases be heard together.Governor Beshear has announced the easing of restrictions, effective June 11. The parties dispute whether this latest directive from the Governor renders the case moot.In this live podcast, Mitchel Denham (DBL Law) and Oliver Dunford (Pacific Legal Foundation) debate and discuss the implications of these cases.Featuring:- Mitchel Denham, Partner, DBL Law- Oliver Dunford, Attorney, Pacific Legal FoundationVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.

Comment on Kentucky
June 11, 2021 - Pandemic Restrictions are Lifted and the Kentucky Supreme Court

Comment on Kentucky

Play Episode Listen Later Jun 14, 2021 26:42


Bill Bryant and journalists discuss the week's news. Scheduled guests: Alex Acquisto, Lexington Herald-Leader; Lawrence Smith, WDRB in Louisville; and Mark Vanderhoff, WLKY in Louisville.

Pegasus Podcast
Kentucky's New Emergency Order Powers Head to Court

Pegasus Podcast

Play Episode Listen Later Jun 14, 2021 36:16


Last week the Kentucky Supreme Court heard oral arguments on two cases regarding the Governor's emergency powers. Since the passing of Senate Bill 1, things have certainly changed in Kentucky. Most importantly, the law. So the big question on the table now is, does Kentucky's Governor have to follow new laws just like everyone else?

Kentucky Headlines
June 10, 2021 - Kentucky Supreme Court Case on Executive Power

Kentucky Headlines

Play Episode Listen Later Jun 11, 2021 0:56


The Kentucky Supreme Court hears arguments on the executive powers of Governor Andy Beshear and the day's COVID-19 numbers.

The Kentucky Lawyer
Thomas Kerrick: KBA President, Bowling Green Civil Litigator

The Kentucky Lawyer

Play Episode Listen Later Apr 30, 2021 63:36


Welcome to Episode Four of The Kentucky Lawyer. I'm Brad Clark, a criminal defense and DUI lawyer based in Lexington, KY. Every month, I interview a different Kentucky attorney about how they got started, what's going on in their practice, and how they plan to stay on top in the ever competitive practice of law. Every episode is submitted for one hour of Kentucky CLE credit absolutely for free. Details available at KYLawShow.com. Today I'm interviewing the Honorable Thomas Kerrick of Kerrick Bachert in Bowling Green, KY. Mr. Kerrick represents both plaintiffs and defendants in civil claims including personal injury, products liability, professional liability, and insurance litigation. Tom is currently serving as the president of The Kentucky Bar Association. He has served as a Special Justice to the Kentucky Supreme Court and was fortunate enough to write the opinion. Tom has been active in the Bowling Green community by serving on various boards, including Crimestoppers, Fellowship of Christian Athletes (FCA), Rotary and Leadership Bowling Green Alumni Association and being a Little League coach for various sports.

Roberts Law Office Injury Podcast
Jeff Roberts at the KY Supreme Court Again

Roberts Law Office Injury Podcast

Play Episode Listen Later Apr 29, 2021 33:06


Episode 19:  In late April, Calloway County attorney Jeff Roberts presented an oral argument before the Kentucky Supreme Court.  It's not his first time; he's taken cases to the KY Supreme Court multiple times.  In this episode, he'll give us an inside view into the experience. Arguing before the KY Supreme Court is not what you typically see on TV.  Instead of 1 judge, there are 7 justices.  They can ask questions at any time and you have to be prepared for whatever they ask.  Surprisingly, each attorney is only given 15 minutes to present their side of the case.  This includes the initial presentation and a possible rebuttal to the other side's argument. How a Case Gets to the KY Supreme Court Jeff's case involved a constitutional question in regard to a workers' compensation claim.  These cases are initial presented to an administrative law judge.  If either side appeals the decision, it goes to the Workers' Compensation Board.  Either side can then appeal to the KY Court of Appeals.  Again, either side can then appeal to KY Supreme Court. The case Jeff argued involved an issue about the retroactivity provision of a new statute.  If the statute is found to be constitutional, it will negatively impact many KY workers' compensation claims and the money the injured workers would then lose.  The decision will apply to all pending cases. The law in Kentucky is generally applied based on the date of injury.  If this new statue is upheld, it will violate this law (in Jeff's opinion) and make it more favorable to the employer (or the employee) after the injury has already occurred.  What Happens when a Case is Placed in Abeyance? This can happen to a case for several reasons.  In Jeff's situation, there are several pending cases which all have the same/similar issues.  The court can put those cases “on hold” until one of the group of cases is actual decided on.  That decision would impact how the other cases are ultimately treated.  Abeyance is a way to help make the judicial system more efficient. Small Town Service, Big City Results Jeff uses this statement often.  He has built a strong reputation across the state and among his peers.  The Roberts Law Office is located in Murray, Kentucky.  However, Jeff handles many cases from outside of the local area.  Many are sent on referral from other attorneys. What is a Legal Brief? While the case Jeff argued before the KY Supreme Court only took 15 minutes, it's not the first time the justices have learned about the facts of the case.  Attorneys write extensive arguments, called legal briefs, which explain the point in question and the supporting proof as to why the attorney feels the court should rule in a certain manner.  Both sides submit briefs. The justices review the briefs, prior to hearing the case, and may decide to question the attorneys, based on what they submitted in the briefs. The case Jeff argued may be decided in 3-4 months. In an interesting coincidence, it was a year ago (to the day) that Jeff was sworn in and served as a Special Justice to the KY Supreme Court.  For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff's principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.  

Kentucky Headlines
April 16, 2021 - Governor Beshear's Executive Orders

Kentucky Headlines

Play Episode Listen Later Apr 16, 2021 0:56


The Kentucky Supreme Court will hear cases on Governor Andy Beshear's executive orders and the Kentucky COVID-19 positivity rate continues to rise.

BlueGrassRoots
Episode 6: "I just totally reject that." (Kentucky Evictions in a Pandemic)

BlueGrassRoots

Play Episode Listen Later Mar 5, 2021 15:02


Kentucky's courts have prepared forms for landlords to help them prosecute evictions efficiently. They call landlords and their attorneys when they don't show up to court. Yet, when the Kentucky Equal Justice Center and other organizations ask for the Courts to provide necessary, important information to Kentuckians facing eviction, the Courts—top to bottom—say they can't because they have to be "impartial." I just totally reject that. Links: * Update on our federal lawsuit (https://www.kyequaljustice.org/post/jefferson-county-eviction-due-process-lawsuit) challenging the constitutionality of the Jefferson District Court's eviction processes (contains links to briefing filed to date) * KEJC's letter to the Kentucky Supreme Court (https://5f301f23-ec36-41bd-8ffd-0c207e64d461.usrfiles.com/ugd/5f301f_ca2100a02dbf48f8b8e55cb4e0304a57.pdf) and Administrative Office of the Courts begging them to provide more information to people facing eviction * AOC's Response (https://5f301f23-ec36-41bd-8ffd-0c207e64d461.usrfiles.com/ugd/5f301f_28d79c6c974a4dfa81e3ff80b3d0a44c.pdf) saying they couldn't provide any additional info because that would be "impartial" * Shinkle v. Turner (https://casetext.com/case/shinkle-v-turner#p420): Kentucky Supreme Court case recognizing that the laws governing evictions in Kentucky are “at least a hundred years old and arguably [are] now ill-suited to the reality of modem landlord-tenant relations” and that these laws are "difficult to apply in the modem court system." Shinkle v. Turner, 496 S.W.3d 418, 420 (Ky. 2016).

FORward Radio program archives
Solutions To Violence | Third Thursday Forum with Sadiqa Reynolds, Louisville Urban League | 1-25-21

FORward Radio program archives

Play Episode Listen Later Jan 28, 2021 53:15


Former District Judge Sadiqa Reynolds was the first woman to lead the Louisville Urban League. Her work on jobs, justice, education health, and housing has garnered the attention and coverage of CNN, FOX News, the NY Times and other national media outlets. Reynolds was the first African American to clerk for the Kentucky Supreme Court, and also the first African American to serve Kentucky as Inspector General. She has also run a private practice handling criminal defense matters, and representing abused, neglected and dependent children. Reynolds was Louisville Magazine’s 2017 Person of the Year, the 2018 National Urban League Woman of Power and the Audrey Grievous Community Enrichment Award recipient. The National Bar Association also named her a Gertrude E. Rush Award recipient for her justice and advocacy work.

Comment on Kentucky
November 13, 2020 - Kentucky Supreme Court rules on COVID restrictions as virus numbers climb and the Brent Spence Bridge

Comment on Kentucky

Play Episode Listen Later Nov 16, 2020 26:45


Bill Bryant and a panel of journalists discuss the week's news, including a major Kentucky Supreme Court ruling, rising COVID-19 cases in the commonwealth and damage to the Brent Spence Bridge. Guests: Alex Acquisto, Lexington Herald-Leader; Ryland Barton, Kentucky Public Radio; and Marcus Green, WDRB in Louisville.

Kentucky Headlines
November 12, 2020

Kentucky Headlines

Play Episode Listen Later Nov 13, 2020 0:56


A Kentucky news update on COVID-19 cases in Kentucky, the Kentucky Supreme Court's ruling on the governor's executive power and work on the Brent Spence Bridge.

Roberts Law Office Injury Podcast
Jeff Roberts Wins at the Kentucky Supreme Court

Roberts Law Office Injury Podcast

Play Episode Listen Later Oct 30, 2020 32:01


Episode 14:  Calloway County personal injury attorney Jeff Roberts discusses his win at the Kentucky Supreme Court, in a workers' compensation case.  In a recent episode, we covered the fact that Jeff currently has several cases in front of the Kentucky Supreme Court.  This is the first of that group to be decided. The case we'll talk about today involved Steven Spillman, a former Calloway County sheriff's deputy who was injured on the job in 2007.  Murray attorney Michael (“Mike”) Pittman originally handled the deputy's claim.  It was resolved and later reopened in 2013 due to additional complications.  This issue was also successfully resolved.  However, in 2017 the deputy had to have an additional surgery, related to the original 2007 back injury.  There were medical complications and Mr. Spillman passed away from those complications. Kentucky worker's compensation law provides for a case to be reopened after the original case is resolved.  This special circumstance exists to ensure injured workers have adequate access to medical treatment for their injuries and future medical needs.  A new law was passed in 2018 that could impact this access. The complicating factor is that a case can be reopened, as long as it is within 4 years of a judge's order on the case.  The period between the 2013 surgery and the 2017 surgery is the basis for the legal challenge.  The spouse also had potential claims involved related to survivor benefits.  Attorney Pittman contacted Jeff to assist (“co-counsel”) with the case, at that point.  It turns out that the survivor benefits ended up being a key issue before the Court. In Kentucky, the workers' compensation system provides benefits to the surviving spouse, minor children or anyone who is dependent upon the deceased worker.  There is another provision which allows the estate to get a lump-sum death benefit, if the death occurs within 4 years of the work-related injury.  Jeff was able to win the case for survivor benefits, but did not prevail on the issue related to the estate. Going forward, Jeff's victory at the Kentucky Supreme Court will have a major impact for working families in Kentucky.  Current and future claims will be able to refer to (“cite”) the decision as a basis for their cases. Do Attorney's Fee Increase if an Attorney Uses Co-Counsel? Jeff explains that it depends.  If the attorneys are working on a contingency-fee basis, the fee will be a percentage of the amount recovered.  In the Spillman case, described above, the percentage did not change.  The fee was divided between the attorneys, but didn't cost the family an additional percentage or separate attorney's fee. In many Kentucky personal injury cases, such as a car wreck case, the percentage for attorney's fees is 1/3.  If the attorney decides to bring in another attorney, the fee doesn't suddenly increase to 2/3.  It remains at 1/3 and that percentage will be divided among the attorneys.  Each firm has the right to establish its own contract related to fees, but this is generally the cases. If the attorneys are working on an hourly-basis, instead of a contingency-fee basis, attorneys will generally charge the client for the billable hours based on their work.  Under this arrangement, it is possible to receive multiple fees from multiple attorneys (based upon their agreed up on hourly rates).  However, this typically isn't how an injury case works.  How Does a Workers Compensation Case Make It to the KY Supreme Court? Kentucky workers' compensation claims are considered administrative law (e.g. there's no jury trial).  Initially, the claim is tried before an administrative law judge.  After that decision is rendered, either side can appeal it, assuming there's a legitimate legal reason to do so. The decision would then go to the Workers' Compensation Board, which is made up of a 3-member panel.  This is considered the first appellate level.  It's still at the administrative level.  They look to see if the judge made an error of the la or an error in assessing or understanding the facts.  If they determine an error was made, the Board sends the case back to the judge to correct his/her error.  Again, either side can now allow the judge to revisit the case or they can appeal the case to the Kentucky Court of Appeals. The Kentucky Court of Appeals is the second appellate level.  This Court is looking to see if the Workers' Compensation Board commit an error or law in how it decided the appeal or if the decision resulted in a gross misjustice.  This is an even higher standard.  The case can be remanded back (returned) to the administrative law judge.  They can affirm the original decision by the judge.  They can affirm the Workers' Comp Board's decision in returning it to the judge.  They could also overrule the Workers' Comp Board's determination of an error and then specific a different error, remanding it back to the original judge. At this point, either side can then decide to appeal the workers' comp case to the Kentucky Supreme Court.  This is the third appellate level.  The KY Supreme Court cannot decide not to hear the case.  This is different from cases attempting to be heard before the US Supreme Court.  The Kentucky Constitution states that a party is entitled to at least one appeal from a lower court.  Remember, the Kentucky workers' comp system is handled as an administrative process.  The general understanding is that the first actual court hearing the workers' comp case is the KY Court of Appeals, so per the Kentucky Constitution, the party has a right to appeal to the KY Supreme Court. There are many factors to consider in deciding to appeal a case.  It can be a very emotional situation.  Because either side can appeal, the decision can be delayed much longer than initially expected.  The consideration of the time-line is a factor Jeff spends a lot of time discussing with his clients.  For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff's principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.  

FORward Radio program archives
Solutions To Violence | Sadiqa Reynolds | Oct. 19, 2020

FORward Radio program archives

Play Episode Listen Later Oct 22, 2020 54:02


Former District Judge Sadiqa Reynolds is the first woman to serve as President and CEO of Louisville Urban League. Her work on jobs, justice, education health and housing has garnered the attention and coverage of CNN, FOX News, the NY Times and other national media outlets. Reynolds was the first African American woman to clerk for the Kentucky Supreme Court, and also the first African American to serve Kentucky as Inspector General. Sadiqa and the LUL have been instrumental in terms of organizing and leading the "Justice for Breonna Movement."

In The Gate
#473 - Girl Power

In The Gate

Play Episode Listen Later Oct 1, 2020 25:51


Trainer Ken McPeek sends out 4-time graded stakes winner Swiss Skydiver against Kentucky Derby winner Authentic in the Preakness. Plus, how will the Kentucky Supreme Court's ruling on so-called "historical horse racing" impact racetracks' ability to sustain themselves?

Roberts Law Office Injury Podcast
COVID's Impact on the Courts

Roberts Law Office Injury Podcast

Play Episode Listen Later Sep 28, 2020 34:04


Episode 12:  Attorney Jeff Roberts handles workers' compensation, social security disability and personal injury cases.  In this episode, he discusses COVID's impact on the courts. The pandemic has affected many areas of our lives.  In-person activities have been restricted and that obviously impacted the courts.  Many workers' compensation final hearings were shut down several months ago.  This was about the time most courts shut down to avoid putting people at risk of transmitting the virus. Many of the cases are simply getting pushed back, which significantly delays the resolution of the claims.  The Department of Workers Claims transitioned to online hearings (e.g. via Zoom).  This was a fairly smooth transition.  Many law offices were allowed to remain open because they are considered essential services.  The process slowed, but at least clients are able to make some progress.  Part of the changes also included an emphasis on holding depositions via telephone and/or online video formats. Video Hearings vs. In-Person The preference of many attorneys is to enable their clients to appear, in person, in front of the judge.  However, many clients have been willing to adapt in an effort to keep the process moving toward resolution.  Jeff's clients have commented that this has made the process less intimidating and actual goes fairly smoothly. The circuit and district courts shut down, with the exception of emergency situations.  This has definitely resulting in a slowing down of many court hearings.  COVID's impact on the court has absolutely been felt in civil court.  The courts resumed in September, but there's an obvious backlog.  The court system is going to give preference to criminal trials over civil trials (such as personal injury).  The criminal defendant has a Constitutional right to a speedy trial. Medical Records Are Important In any type of injury case, the medical records are extremely important.  Another manifestation of Covid's impact on the legal process is that accident victims may have a harder time scheduling medical exams or tests.  Many hospitals have restricted or eliminated elective surgeries.  This is one reason an attorney may not want to push to resolve the case.  Either the patient has not undergone sufficient medical treatment, or he/she hasn't had the opportunity to reach maximum medical improvement (MMI). For the person filing a workers' compensation claim, the attorney will generally be able to get a continuation of the temporary total disability (TTD) payments.  For the person filing a social security disability claim, it doesn't appear the social security courts have transitioned to video-based hearings.  To proceed, they are doing telephone conference calls for the hearings.  Many attorneys don't feel this is the best option for clients.  Again, attorneys want the judge to actually see their clients.  So much of human communication is non-verbal.  If the hearing is held over the phone, those non-verbal cues are lost.  The client will be able to make the decision to delay the hearings to proceed with his/her claim.  How Much Is My Case Worth? Many clients want to know how much their case is worth.  In dealing with injury claims, it's virtually impossible to tell that until the injured victim has been fully treated for the injury or injuries.  This is what Jeff referred to earlier as reaching maximum medical improvement.  If the client has not reached that point, according to the doctor(s), it would be a bad idea to engage in settlement discussions, hearings or a trial.  It would be like negotiating with only part of the facts.  This would put the client at a significant disadvantage in resolving the case. In both workers' compensation claims and social security disability claims, the client may qualify to receive back pay.  Even with Covid's impact on the legal system and the resulting delays, there may be a good argument that you deserve back pay as part of your compensation.  At the time of this recording, Jeff Roberts has multiple cases in front of the Kentucky Supreme Court.  Those cases have been appealed through various courts and the time has been significant.  Should Jeff when those cases, they would still have been accruing back pay. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff's principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.  

Kentucky Headlines
September 24, 2020

Kentucky Headlines

Play Episode Listen Later Sep 24, 2020 1:01


A one-minute news update on protests after yesterday's announcement on the Breonna Taylor case, President Trump and Kentucky Governor Andy Beshear speak, the Kentucky Supreme Court rules on historical racing machines and an update on COVID-19.

Gambling News Podcast
Casinos Look for Ways To Raise Change During Coin Shortage As Lucky Slot Player Hits $168,000 Jackpot

Gambling News Podcast

Play Episode Listen Later Sep 15, 2020 5:00 Transcription Available


The bit hits keep on coming in the casino gambling capital of the world. Sherry W. from Bullhead City, Arizona just cashed in on the $1 Big Monte Spin & Win progressive slot at Treasure Island. The actual jackpot added up to $168,854. The casino was quick to tweet out the big win last Thursday, Sept. 10. Life-changing wins are still one of the biggest draws in Las Vegas. This covers the famed Strip to the downtown area. Every Las Vegas casino took a hard hit from the coronavirus shut down in mid-March. Business is slowly returning to normal.

Uncovered by WDRB News
Kentucky's 'slot' machines return to Supreme Court

Uncovered by WDRB News

Play Episode Listen Later Aug 18, 2020 26:55


The decade-long battle over the legality of slot-like "historical horse racing" machines has reached the Kentucky Supreme Court for the second time. WDRB.com business reporter Chris Otts breaks down the history of the dispute, the tremendous growth of the casino-lite industry and what's at stake now. Hosted by WDRB.com reporter Marcus Green. Background: Legal battle over slot-like racing machines returns to Kentucky Supreme Court 'Silence' of Kentucky legislature at issue in debate over slot-like horse racing

Roberts Law Office Injury Podcast
Arguing at the Kentucky Supreme Court

Roberts Law Office Injury Podcast

Play Episode Listen Later Aug 12, 2020 57:27


Episode 9: Murray, Kentucky workers' compensation attorney Jeff Roberts discusses the multiple cases he currently has before the Kentucky Supreme Court.  When Jeff says he's willing to take a case all the way to the Supreme Court, he can demonstrate a track record of having done so many times on behalf of his clients. The 2018 changes to Kentucky's workers' compensation law were significant.  Not all of the changes were beneficial to workers.  As a result, Jeff Roberts has several clients who were impacted by the changes.  This has required him to take several cases to the highest court in Kentucky.  In fact, Jeff currently has 4 cases before the KY Supreme Court.  Two of them are his appeals and 2 were appealed by the employer. Three of these cases involve a retroactivity of certain provisions of the 2018 statute.  Normally, when a new statute is passed, it applies to current cases, not those that have been previously settled.  The 2018 didn't follow that concept. At the same time, Jeff has also submitted an amicus brief on behalf AFL-CIO for another case before the Kentucky Supreme Court. One of the cases involves the injured worker's ability to reopen the case if the disability worsens over time.  The previous law stated that the window to reopen must be within 4 years of any previous award or order.  This could be done multiple times, if the situation warranted it. Under the 2018 law, there is only 1 opportunity to reopen the case.  This also retroactively applies to cases settled prior to the passing of the 2018 statute.  As a result, Jeff's client's employer is trying to nullify the award based on the 4-year limit under the 2018 statute.  Jeff is arguing that the retroactivity shouldn't be allowed. Another issue workers need to understand is that while Kentucky offers lifetime benefits for some situations, under the 2018 statute, workers may be required to reapply after 15 years. Note, this is not for cases resolved prior to 2018.  The challenge for many will be that people often move to new addresses.  The Department of Workers' Claims is only going to send 1 letter to the injured person.  If it is sent to a former address, he/she may not receive it in time, or at all.  This may cause the person to be unable to reapply for benefits.  As simple change of address at the local post office will not work. Over the years, Jeff Roberts has had over 20 cases in front of the Kentucky Supreme Court.  He currently has 4 active cases there, which is the most he's had at any one time.  It's never easy, but over time, the process has become more familiar to him.  Not every attorney gets the opportunity to argue in front of the KY Supreme Court.  While most of the cases are based on the written documentation, oral arguments before the justices can be extremely challenging. The Roberts Law Office handles workers' compensation claims on a contingency-fee basis.  There's no money paid up front to hire Jeff Roberts.  His fee, along with court costs and case expenses are paid out at the end of the case.  For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice.  Jeff's principal office is located at 509 Main Street, Murray, Kentucky.  Co-host Jim Ray is a non-attorney spokesperson.  This is an advertisement.

Lesbertarian
Episode 5 - Discrimination for All!

Lesbertarian

Play Episode Listen Later Nov 6, 2019


Is the plight of the LGBT community our newest Civil Rights Movement? We’ll dicuss that as well as the Kentucky Supreme Court ruling on a company asked to create gay T-shirts and faith-based discrimination for LGBTQ parents.

The Focus Group
TFG Unbuttoned: Ex-gays lobby against LGBTQ rights

The Focus Group

Play Episode Listen Later Nov 5, 2019 22:14


The Kentucky Supreme Court rules on a technicality in favor of a printer who refused to create t-shirts for a Pride event, and Ex-gays descend upon D.C. to lobby against LGBTQ rights. Then, designer Zac Posen abruptly closes up shop. You may know Zac from his time as a judge on Project Runway and as the head of creative for women at Brooks Brothers. Apple Podcasts: apple.co/1WwDBrC Spotify: spoti.fi/2pC19B1 iHeart Radio: bit.ly/2n0Z7H1 Tunein: bit.ly/1SE3NMb Stitcher: bit.ly/1N97Zqu Google Podcasts: bit.ly/1pQTcVW Pandora: pdora.co/2pEfctj YouTube: bit.ly/1spAF5a Also follow Tim and John on: Facebook: www.facebook.com/focusgroupradio Twitter: www.twitter.com/focusgroupradio Instagram: www.instagram.com/focusgroupradio

The BreakPoint Podcast
From Masterpiece Cakeshop to Hands On Originals

The BreakPoint Podcast

Play Episode Listen Later Nov 4, 2019 4:09


Blaine Adamson is the owner of Hands On Originals, a “Christian Outfitters” shop in Lexington, Kentucky. Hands On creates customized apparel such as t-shirts, hoodies, and baseball caps. In 2012, when Adamson got a phone call from the Gay and Lesbian Services Organization (or, GLSO) asking him to print t-shirts for a local gay pride festival, he explained that he could not accept the order because it would mean expressing a message that violated his Christian faith. He offered to refer GLSO to another shop that would gladly help them.   You can probably guess what happened next. The GLSO filed a complaint with the Lexington-Fayette Urban County Human Rights Commission. GLSO also widely publicized what happened, which led to protests, a boycott, vile phone calls, and threats of violence. The Lexington-Fayette Urban County Human Rights Commission ruled against Adamson and ordered him to print whatever GLSO wanted. But even that wasn't enough. Taking a page out from the Colorado Civil Rights Commission's “How to Persecute Jack Phillips and Masterpiece Cakeshop” Playbook, they ordered Adamson to undergo diversity training. Thankfully, in a positive similarity to the Jack Phillips case, Blaine Adamson received help from the Alliance Defending Freedom. Even though two different lower courts ruled in favor of Adamson, GLSO took its case to the Kentucky Supreme Court. On Thursday, seven years after the incident, the Court ruled unanimously that GLSO had no standing, and therefore no right, to sue Adamson. The Court ruled that because it was an organization and not an individual, GLSO had no standing under Kentucky law to file a suit. Which means, as the Alliance Defending Freedom explained, the decision “didn't directly address the broader First Amendment questions concerning Blaine's right to live and work consistently with his faith.” However—and this is important—in his concurring opinion, Justice David Buckingham made clear that the Human Rights Commission “went beyond its charge of preventing discrimination in public accommodation and instead attempted to compel Hands On to engage in expression with which it disagreed.” He then cited the Supreme Court's ruling in Masterpiece Cakeshop, adding, “the government may not regulate expression, either by prohibiting disfavored expression or compelling favored expression.” Justice Buckingham went even further, putting on record that Hands On Originals doesn't discriminate based on, well, anything. “The record discloses three essential facts,” Buckingham wrote. “First, Hands On has an established practice of declining orders because of what Hands On perceives to be their morally-objectionable messages,” including sexually explicit or violent messages. “Second, Hands On accepted and completed an order from a lesbian singer who performed at the 2012 Pride Festival. Third, at no time did Hands On inquire or know the sexual orientation or gender identity of the persons with whom it dealt with on behalf of GLSO. These facts indicate that Hands On was in good faith objecting to the message it was being asked to disseminate.” Hopefully, with another decision like this in the books, Christian business owners will soon no longer be forces to accept and promote the new sexual orthodoxy. If that day comes, it's a win for everyone. After all, if Christians can be forced to promote messages with which they fundamentally disagree, then, as ADF points out, “it can force anyone to do the same… an LGBT printer who declines to create t-shirts criticizing same-sex marriage, a Democratic speechwriter who declines to write speeches for the Republican National Convention, or a Muslim singer who declines to sing Christian songs at a concert.” That's a world none of us want to live in. Come to BreakPoint.org and click on this commentary for more resources on the Hands On Case, as well as to ADF and other organizations that defend free speech and religious liberty.  

FedSoc Events
Stare Decisis Panel

FedSoc Events

Play Episode Listen Later Nov 4, 2019 69:49


On October 7, 2019, The Federalist Society held a panel on Stare Decisis at its annual Kentucky Chapters Conference.This spring, Justice Breyer wrote, in response to the Supreme Court's decision to overrule Nevada v. Hall, "Today’s decision can only cause one to wonder which cases the Court will overrule next." But is the Roberts Court actually more aggressive in overruling precedents than previous Courts? How does the Kentucky Supreme Court compare? And when should a Court overrule a precedent? This latter question divides many originalists and textualists, in part because it cuts across ideological lines. Our panel will explore these topics, with a focus on the intersection of originalist principles and the principles of stare decisis.Cassie Chambers Armstrong - Kaplan Johnson Abate & Bird; Vice Chair, Kentucky Democratic PartyProf. Michael Morley - Assistant Professor, Florida State University College of LawJohn Sheller - Stoll Keenon OgdenHon. Laurance VanMeter - Kentucky Supreme CourtModerator: Hon. Amul Thapar - U.S. Court of Appeals, Sixth Circuit* * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

FedSoc Events
Stare Decisis Panel

FedSoc Events

Play Episode Listen Later Nov 4, 2019 69:49


On October 7, 2019, The Federalist Society held a panel on Stare Decisis at its annual Kentucky Chapters Conference.This spring, Justice Breyer wrote, in response to the Supreme Court's decision to overrule Nevada v. Hall, "Today’s decision can only cause one to wonder which cases the Court will overrule next." But is the Roberts Court actually more aggressive in overruling precedents than previous Courts? How does the Kentucky Supreme Court compare? And when should a Court overrule a precedent? This latter question divides many originalists and textualists, in part because it cuts across ideological lines. Our panel will explore these topics, with a focus on the intersection of originalist principles and the principles of stare decisis.Cassie Chambers Armstrong - Kaplan Johnson Abate & Bird; Vice Chair, Kentucky Democratic PartyProf. Michael Morley - Assistant Professor, Florida State University College of LawJohn Sheller - Stoll Keenon OgdenHon. Laurance VanMeter - Kentucky Supreme CourtModerator: Hon. Amul Thapar - U.S. Court of Appeals, Sixth Circuit* * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Kentucky Politics Distilled
It's Almost Election Day

Kentucky Politics Distilled

Play Episode Listen Later Nov 1, 2019 4:26


This week in Kentucky politics, candidates for governor participated in two debates. Now Gov. Matt Bevin and Attorney General Andy Beshear are crisscrossing the state making their final pitches ahead of Election Day on Tuesday. And the Kentucky Supreme Court dismissed a lawsuit against a Lexington T-shirt maker that refused to make shirts for a gay pride festival. We talk through it all this week on Kentucky Politics Distilled.

Catholic News in 60 Seconds | Grandin Media

New US bill could block funding for pro-life groups, Indonesian man suffers from Islamic law he advocated, Cathedral in Vermont opens as youth shelter, go to confession on All Saints' Day and All Souls' Day.

Townhall Review | Conservative Commentary On Today's News
How Democrats Plan to Change What Makes America Great

Townhall Review | Conservative Commentary On Today's News

Play Episode Listen Later Sep 6, 2019 41:22


Townhall Review – September 7, 2019 Hugh Hewitt talks judges with Senate Majority Leader Mitch McConnell. Dan Proft and co-host Amy Jacobson talk with Steven Malanga, senior fellow at the Manhattan Institute about the decline of major cities under Democrat control. Seth Leibsohn and Alex Berenson talk about his book, “The Truth About Marijuana, Mental Illness and Violence,” and the recent U.S. Surgeon General’s statement on the dangers of recreational marijuana. Hugh Hewitt talks with former congressman Jason Chaffetz about his book, “Power Grab: The Liberal Scheme to Undermine Trump, the GOP, and Our Republic.” Dennis Prager asks Charlie Kirk, founder and president of Turning Point USA, why he thinks a college degree may not be worth what it costs. Dan Proft and Amy Jacobson talk with Alliance Defending Freedom attorney Jim Campbell about the Gay pride T-shirt case he’ll be taking to the Kentucky Supreme Court. Dennis Prager looks at how far we have fallen in as a religious nation.See omnystudio.com/listener for privacy information.

Comment on Kentucky
June 14, 2019 - Ryland Barton, Daniel Desrochers & Deborah Yetter

Comment on Kentucky

Play Episode Listen Later Jun 19, 2019 26:41


Journalists from around the state discuss the news of the week with host Bill Bryant, including several Kentucky Supreme Court decisions. Scheduled guests: Ryland Barton, Kentucky Public Radio; Daniel Desrochers, Lexington Herald-Leader; and Deborah Yetter, Louisville Courier Journal.

Comment on Kentucky
June 14, 2019 - Ryland Barton, Daniel Desrochers & Deborah Yetter

Comment on Kentucky

Play Episode Listen Later Jun 19, 2019 26:41


Journalists from around the state discuss the news of the week with host Bill Bryant, including several Kentucky Supreme Court decisions. Scheduled guests: Ryland Barton, Kentucky Public Radio; Daniel Desrochers, Lexington Herald-Leader; and Deborah Yetter, Louisville Courier Journal.

My Old Kentucky Podcast
Michael Gray Explains Lobbying, SCOKY Rulings, and Lt. Gov Drama Featuring Morgan Eaves

My Old Kentucky Podcast

Play Episode Listen Later Jun 19, 2019 72:13


This week MOKP welcomed Michael Gray -- a lobbyist who does a lot of work in Frankfort.  Mr. Gray explained how his job works, and he spoke very candidly about the power lobbyists hold in Frankfort and in the legislative process everywhere. Jazmin is out this week, so Morgan Eaves of Richmond filled in for her!  Morgan told us about two major rulings at the Kentucky Supreme Court, and Robert covered a very dramatic week at the Lt. Governor's office.  Plus, plenty of Quick Hits.

Comment on Kentucky
December 14, 2018 - Michon Lindstrom, Tom Loftus & Lawrence Smith

Comment on Kentucky

Play Episode Listen Later Dec 17, 2018 26:34


Bill Bryant and a panel of journalists discuss the week's news in the commonwealth, including a major decision by the Kentucky Supreme Court overturning the pension reform legislation passed in the 2018 General Assembly. Scheduled guests: Michon Lindstrom, Spectrum News; Tom Loftus, Louisville Courier-Journal; Lawrence Smith, WDRB-TV in Louisville.

Comment on Kentucky
December 14, 2018 - Michon Lindstrom, Tom Loftus & Lawrence Smith

Comment on Kentucky

Play Episode Listen Later Dec 17, 2018 26:34


Bill Bryant and a panel of journalists discuss the week's news in the commonwealth, including a major decision by the Kentucky Supreme Court overturning the pension reform legislation passed in the 2018 General Assembly. Scheduled guests: Michon Lindstrom, Spectrum News; Tom Loftus, Louisville Courier-Journal; Lawrence Smith, WDRB-TV in Louisville.

Comment on Kentucky
November 16, 2018 - Ryland Barton, Linda Blackford & Lawrence Smith

Comment on Kentucky

Play Episode Listen Later Nov 19, 2018 26:38


Journalists from around the state discuss the news of the week with host Bill Bryant, including the announcement of a new Democratic candidate for governor and two important rulings by the Kentucky Supreme Court. Scheduled guests: Ryland Barton, Kentucky Public Radio; Linda Blackford, Lexington Herald-Leader; and Lawrence Smith, WDRB in Louisville.

Comment on Kentucky
November 16, 2018 - Ryland Barton, Linda Blackford & Lawrence Smith

Comment on Kentucky

Play Episode Listen Later Nov 19, 2018 26:38


Journalists from around the state discuss the news of the week with host Bill Bryant, including the announcement of a new Democratic candidate for governor and two important rulings by the Kentucky Supreme Court. Scheduled guests: Ryland Barton, Kentucky Public Radio; Linda Blackford, Lexington Herald-Leader; and Lawrence Smith, WDRB in Louisville.

Comment on Kentucky
September 21, 2018 - Adam Beam, Daniel Desrochers & Deborah Yetter

Comment on Kentucky

Play Episode Listen Later Sep 24, 2018 26:33


Journalists from around the state discuss the news of the week with host Bill Bryant, including the beginning of oral arguments over the public pension law before the Kentucky Supreme Court. Scheduled guests: Adam Beam, the Associated Press; Daniel Desrochers, Lexington Herald-Leader; and Deborah Yetter, Louisville Courier Journal.

Comment on Kentucky
September 21, 2018 - Adam Beam, Daniel Desrochers & Deborah Yetter

Comment on Kentucky

Play Episode Listen Later Sep 24, 2018 26:33


Journalists from around the state discuss the news of the week with host Bill Bryant, including the beginning of oral arguments over the public pension law before the Kentucky Supreme Court. Scheduled guests: Adam Beam, the Associated Press; Daniel Desrochers, Lexington Herald-Leader; and Deborah Yetter, Louisville Courier Journal.

Terry Meiners
Gov Bevin talks “drowning victims,” pension outrage, and 2019

Terry Meiners

Play Episode Listen Later Aug 14, 2018 9:17


Governor Bevin started the conversation by clarifying his drowning victims analogy for the pension crisis. He also discussed the lack of outrage against former administrations for under-funding the pension, where the pension will be in the next few years if the system isn’t reformed, and what he would do if the pension changes are ruling illegal by the Kentucky Supreme Court. He also talked about the Commonwealth’s ongoing negotiations with JCPS and his timeline for announcing his plans for 2019.

Townhall Review | Conservative Commentary On Today's News
Hugh Hewitt with Tedesco on the Businessman Who Refused to Print Gay T-Shirts

Townhall Review | Conservative Commentary On Today's News

Play Episode Listen Later Jul 18, 2018 6:30


Jeremy Tedesco of ADF are defending Blaine Adams' Kentucky Supreme Court case. Blaine Adams refused to print T-shirts with gay messages on this.See omnystudio.com/listener for privacy information.

THE FUNKY POLITICS powered by KUDZUKIAN
FUNKY POLITICS RADIO | Our Society and The Challenges Being Black and A Woman | KUDZUKIAN

THE FUNKY POLITICS powered by KUDZUKIAN

Play Episode Listen Later Feb 14, 2018 63:50


The Funky Politics Crew visits with Author of Exponential Living, Sheri Riley and President and CEO of the Louisville Urban League, Sadiqa Reynolds.  We discuss Obama, Donald, the problems with paying women for equal work and why White Women need to get it together! Sheri is a wife, mother, daughter, and entrepreneur and we all know this is not easy, but she's figured out how to make it simple. As an Empowerment Speaker, Personal Development/Leadership Coach, and Life Strategist, she works with high achievers to make choices that lead to less stress, more clarity, and internal peace. Before becoming the President and CEO of the Louisville Urban League, Sadiqa Reynolds' past experience includes serving as: District Court Judge in Jefferson County; Inspector General for the Kentucky Cabinet for Health & Family Services; Chief of Staff for the Louisville Metro Department of Public Health & Wellness; and running her own law office for many years. Ms. Reynolds' law practice included criminal defense, employment law and representing abused, neglected and dependent Louisville children by serving as Guardian Ad Litem. Ms. Reynolds' career includes many firsts, not the least of which was serving as the first African American woman to clerk for the Kentucky Supreme Court.

Freedom Matters
To Print or Not to Print? This Promotional Printer Chose to Follow His Conscience

Freedom Matters

Play Episode Listen Later Aug 23, 2017 11:08


Blaine Adamson, owner of promotional printing company Hands On Originals, has turned down several requests to create shirts based on the message that he was asked to print on them. But when he declined one particular design, he faced a public smear campaign and a lawsuit that threatened to destroy his business. Blaine could have folded then. But five years later, he hasn’t. And he has no intention of doing so now. First and foremost, Blaine is standing for his faith – it’s the most important part of who he is, and it guides everything he does. And he is also standing for his freedom of conscience and the principle that no American should be forced to speak a message or promote an event that conflicts with their faith. If we don’t have the freedom to decline to express messages that violate our convictions, that should concern us all. A Kentucky court recently ruled in Blaine’s favor, upholding his right to decline to print messages that conflict with his beliefs. Now, the Kentucky Supreme Court will decide whether to hear his case. This week on Freedom Matters, Blaine and ADF attorney Jim Campbell join the show to discuss the case.

Freedom Matters
To Print or Not to Print? This Promotional Printer Chose to Follow His Conscience

Freedom Matters

Play Episode Listen Later Aug 23, 2017 11:08


Blaine Adamson, owner of promotional printing company Hands On Originals, has turned down several requests to create shirts based on the message that he was asked to print on them. But when he declined one particular design, he faced a public smear campaign and a lawsuit that threatened to destroy his business. Blaine could have folded then. But five years later, he hasn’t. And he has no intention of doing so now. First and foremost, Blaine is standing for his faith – it’s the most important part of who he is, and it guides everything he does. And he is also standing for his freedom of conscience and the principle that no American should be forced to speak a message or promote an event that conflicts with their faith. If we don’t have the freedom to decline to express messages that violate our convictions, that should concern us all. A Kentucky court recently ruled in Blaine’s favor, upholding his right to decline to print messages that conflict with his beliefs. Now, the Kentucky Supreme Court will decide whether to hear his case. This week on Freedom Matters, Blaine and ADF attorney Jim Campbell join the show to discuss the case.

Comment on Kentucky
September 23, 2016 - Adam Beam, Bill Estep and Deborah Yetter

Comment on Kentucky

Play Episode Listen Later Sep 26, 2016 26:33


Journalists from around the state discuss news of the week with host Bill Bryant, including the Kentucky Supreme Court's decision on a case involving university funding. Scheduled guests: Adam Beam from the Associated Press; Bill Estep from the Lexington Herald-Leader; and Deborah Yetter from the Louisville Courier-Journal.

Comment on Kentucky
September 23, 2016 - Adam Beam, Bill Estep and Deborah Yetter

Comment on Kentucky

Play Episode Listen Later Sep 26, 2016 26:33


Journalists from around the state discuss news of the week with host Bill Bryant, including the Kentucky Supreme Court's decision on a case involving university funding. Scheduled guests: Adam Beam from the Associated Press; Bill Estep from the Lexington Herald-Leader; and Deborah Yetter from the Louisville Courier-Journal.