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Judge grants DOJ preliminary injunction in lawsuit against Idaho’s near-total abortion ban

August 25, 2022 by WDNY Radio

(WASHINGTON) — A federal judge granted the Biden administration a preliminary injunction Wednesday in its lawsuit against a near-total ban on abortions in Idaho — temporarily barring some enforcement of the new law.

The U.S. Department of Justice sued the state over the ban, which goes into effect on Thursday, arguing that it violates a federal law guaranteeing access to emergency medical care.

The Idaho abortion law would make it a felony to perform an abortion in all but extremely narrow circumstances. There are exceptions for cases of rape or incest that have been reported. To avoid criminal liability, a doctor must prove that the abortion was necessary to prevent the death of the pregnant woman, though there is no defense for an abortion to protect the woman’s health, according to the DOJ.

U.S. District Judge B. Lynn Winmill in Boise granted a preliminary injunction, effective immediately, barring the state from enforcing the law “as applied to medical care required by the Emergency Medical Treatment and Labor Act” amid the court proceedings, his order stated.

The case at hand is “not about the bygone constitutional right to an abortion,” he wrote. “This Court is not grappling with that larger, more profound question. Rather, the Court is called upon to address a far more modest issue — whether Idaho’s criminal abortion statute conflicts with a small but important corner of federal legislation. It does.”

Given that the U.S. has shown it will “likely succeed on the merits,” he continued, “the Court has determined it should preserve the status quo while the parties litigate this matter.”

The state is prohibited from enforcing the law to the extent that it conflicts with Emergency Medical Treatment and Labor Act-mandated care, Winmill ordered.

The decision “ensures that women in the State of Idaho can obtain the emergency medical treatment to which they are entitled under federal law. This includes abortion when that is the necessary treatment,” U.S. Attorney General Merrick Garland said in a statement. “The Department of Justice will continue to use every tool at its disposal to defend the reproductive rights protected by federal law.”

White House press secretary Karine Jean-Pierre said in a statement that the ruling “will prevent serious harm to women in Idaho.”

In its complaint, filed on Aug. 2, the Justice Department claimed that the Idaho law violates the Emergency Medical Treatment and Labor Act, which states that hospitals that receive Medicare funds are required to provide necessary treatment to women who arrive at their emergency departments while experiencing a medical emergency. That medical care could include providing an abortion, according to the DOJ.

The Justice Department is seeking a declaratory judgment that the Idaho law is preempted by the Emergency Medical Treatment and Labor Act in emergency situations, as well as an order permanently barring the law to the extent that it conflicts with the federal act.

The lawsuit marked the Biden administration’s first legal challenge to a state abortion ban after the U.S. Supreme Court struck down Roe v. Wade in June, ending the constitutional right to an abortion.

Prosecutors argued that the Idaho law would prevent doctors from performing medically necessary abortions, as required by federal law.

Idaho Attorney General Lawrence Wasden called the lawsuit “politically motivated” and charged that the DOJ did not attempt to “engage Idaho in a meaningful dialogue on the issue” prior to filing its complaint.

A case involving the Emergency Medical Treatment and Labor Act as it pertains to abortion care is also ongoing in Texas.

Last month, the state of Texas sued the Biden administration on its guidance to hospitals that doctors should perform an abortion if doing so would protect a woman’s health. The complaint was filed days after Health and Human Services Secretary Xavier Becerra instructed hospitals to follow the Emergency Medical Treatment and Active Labor Act when determining whether to provide an abortion in emergency cases “regardless of the restrictions in the state where you practice.”

On Tuesday, a federal judge temporarily blocked the federal government from enforcing the guidance, saying the federal law is “silent as to abortion.”

Attorneys for the state of Idaho drew attention to that case in a court filing on Wednesday, saying Idaho “has not yet had a full opportunity to consider how the Texas court’s decision should be persuasive in aspects of this current lawsuit, or in the pending preliminary injunction motion.”

Garland said the DOJ is considering “appropriate next steps” following the Texas court’s decision.

Idaho’s so-called trigger law would be even more restrictive than an abortion ban that went into effect in the state earlier this month. That law, modeled after a similar “heartbeat law” in Texas, bans abortion at about six weeks and also allows civil lawsuits against medical providers who perform the procedure.

Amid legal challenges from abortion providers, the Idaho Supreme Court upheld both abortion laws in a ruling issued on Aug. 12, allowing them to go into effect.

Another trigger law that would make it a felony for doctors to perform an abortion after about six weeks of pregnancy went into effect on Aug. 19 in the state. That law, which has exceptions for rape, incest and medical emergencies, is also currently being challenged by abortion providers.

ABC News’ Alexander Mallin contributed to this report.

Columbus teachers reach ‘conceptual agreement’ with school board, halt strike

August 25, 2022 by WDNY Radio

(COLUMBUS, Ohio) — The Columbus teachers union has reached a “conceptual agreement” with its school board after three days of picketing.

The Columbus Board of Education and the Columbus Education Association did not disclose terms of the deal.

The CEA began its strike after a vote on Sunday, just days away from the district’s first day of school on Wednesday.

Teachers began picketing outside over a dozen of the district’s schools on Monday morning. The union said it would gather outside schools from 7 a.m. to 4:30 p.m. every day until a deal is reached.

“This deal would not have been possible without the unwavering support of parents, community members, organized labor, and local businesses in Columbus,” the union said in a statement on Thursday morning.

“While the details cannot yet be disclosed, the contract recognizes the board’s commitment to improving our student outcomes, the essential work of the CEA members, and strengthening our learning environments,” Board President Jennifer Adair said in a statement Thursday.

Over 4,000 teachers, librarians, nurses, counselors, psychologists and other education professionals will meet to vote on the new contract over the weekend. Following the union’s ratification, the school board is scheduled to vote on the agreement and in-school classes would resume on Monday, both the board and CEA said on Thursday.

The Columbus Education Association, with 4,000 members, reached a 94% majority on the vote to strike on Sunday.

“It is with a full understanding of the sacrifices that students, parents, and teachers will make together to win the schools Columbus Students Deserve that CEA members overwhelmingly rejected the Board’s last, best and final offer tonight and voted to strike,” Columbus Education Association spokesperson Regina Fuentes said in a statement on Sunday.

The Columbus Board of Education called the decision to strike “incredibly disappointing.”

Fuentes said Sunday the board has “tried desperately” to make the compromise about teacher salary, teacher professional development and teacher leaves.

“Let me be clear,” Fuentes said. “This strike is about our students who deserve a commitment to modern schools with heating and air conditioning, smaller class sizes, and a well-rounded curriculum that includes art, music and P.E.”

Jennifer Adair, Columbus Board of Education President, said in a statement on Sunday the board’s offer “put children first and prioritized their education and their growth.”

Adair said the board offered a generous compensation package for teachers and responded to the concerns raised by the teacher’s union during the negotiations process.

The union and board last met in a mediated discussion on Aug. 18, where the board offered guaranteed raises of 3% annually for three years and $2,000 per CEA member in retention and recruitment bonuses.

According to the board, by the end of the contract, a teacher with a current average salary of $74,000 will earn more than $91,000.

The board’s last offer also stated that it committed funds to install air conditioning in every school, with the exception of one that already has central air in about 50% of the building and is slated to be replaced by a new school in a proposed facilities master plan, the board said.

The 2022-2023 school year began Wednesday with the teachers on strike and students back to school virtually with substitute teachers.

Columbus Mayor Andrew Ginther said in a statement Sunday it was important to get students back in the classroom.

Ginther said the past few years have “underscored the value of our teachers, the resiliency of our kids and the need for Columbus City Schools to position itself for the future.”

MORE: Severe staffing crisis in Sacramento schools leads teachers, staff to go on strike
“A responsible solution is within reach, but only

Nichelle Nichols’ remains to blast off to meet her fellow fallen ‘Star Trek’ stars in space

August 25, 2022 by WDNY Radio

Star Trek veteran Nichelle Nichols, who passed away in July, is getting ready to follow some of her former colleagues into the stars.

Her son Kyle Johnson has signed up with Celestis, the company that has launched some of the cremated remains of Star Trek creator Gene Roddenberry, those of his widow, Majel Barrett-Roddenberry, and those of James “Scotty” Doohan into space via rocket.

The company is also letting fans pay tribute to Nicholls, who famously played Lt. Nyota Uhura on the show and its spin-off movies, and who in real life recruited diverse applicants for NASA’s ranks.

Celestis is gathering messages to the actress and activist on a special tribute page. The messages — or music or art and other commemorations — will be digitized and stored aboard the Enterprise Memorial Spaceflight that is scheduled for launch later this year.

Slash announces ‘The Collection’ guitar book

August 25, 2022 by WDNY Radio

Slash has announced a new book diving into the many guitars he’s played over the years.

The 300-page tome, simply titled The Collection: Slash, includes photographs and illustrations of Slash’s personal guitars, accompanied by interviews with the Guns N’ Roses shredder himself.

The Collection: Slash is the debut release from Gibson Publishing, a newly launched division of the Gibson guitar company.

“It’s been a blast working with Gibson to create a platform for me to talk about my favorite thing: guitars,” Slash says. “This book is a great exposé of all the great guitars I’ve collected over many years.”

The Collection: Slash will be released in a variety of formats, including the signed $999 Custom Edition, which includes, among other things, an Axe Heaven Appetite Les Paul miniature guitar and an “exclusive Slash bandana.”

Preorders are open now via Gibson.com.

While you wait for your copy to arrive, you can watch Slash chat guitars in a new episode of Gibson’s The Collection series. The hourlong video is streaming now on YouTube.

Want “a BBQ stain on your white t-shirt” for Labor Day? Tim McGraw’s got you covered

August 25, 2022 by WDNY Radio

Just in time for Labor Day weekend, Tim McGraw dropped an exciting new merch item that’s a callback to a 1999 hit.

Fans can now head over to his merch store and pick up a white T-shirt with “BBQ Stain” written across the front in sauce-colored lettering. Of course, that’s a nod to “Something Like That,” a single of Tim’s A Place in the Sun album.

The song recounts the narrator’s first experience of falling in love, when he’s hanging out at a fair on Labor Day weekend (yes, with a barbecue stain on his white T-shirt) and meets a woman. Years later, the two lovebirds reconnect while on a flight to New Orleans.

Tim says that his BBQ Stain shirt is “one of the most requested” items in his merch store — and now it’s officially up for sale. The tee retails for $35.

Listen to new cleopatrick single, “OK”

August 25, 2022 by WDNY Radio

cleopatrick has premiered a new single called “OK.”

The track, which is available now via digital outlets, was produced on the road during the Canadian duo’s tour opening for Royal Blood.

“We wanted this song to sound like it was recorded and produced using a sentient IBM computer from 2002,” says guitarist/vocalist Luke Gruntz. “We digitally abused this song, chopping, degrading, stretching and looping sections with no regard for the rules.”

“OK” follows cleopatrick’s 2021 debut album, Bummer, which includes the singles “Hometown” and “Family Van.”

(Video contains uncensored profanity)

Marcus Mumford shares new song “Better Off High” from ‘self-titled’ solo album

August 25, 2022 by WDNY Radio

Mumford & Sons frontman Marcus Mumford has premiered a new song called “Better Off High,” a track off his upcoming debut solo album, self-titled.

“Better Off High” is the third track to be released from self-titled, following the cuts “Cannibal” and “Grace.” The album, which includes guest spots from Brandi Carlile, Phoebe Bridgers, Clairo, Monica Martin and Julia Michaels, will arrive in full on September 16.

You can listen to “Better Off High” now via digital outlets.

Mumford will launch a U.S. headlining tour in support of self-titled September 19 in Boulder, Colorado.

Jon Pardi says ‘Mr. Saturday Night’ will include a Luke Bryan collab, but not until the deluxe version comes out

August 25, 2022 by WDNY Radio

Jon Pardi is planning to release a collaboration with Luke Bryan — eventually.

During a Country Countdown USA appearance, while discussing his upcoming Mr. Saturday Night album, Jon decided to drop some hints about his long game for the record, which features an eventual deluxe album that will include a mega-watt duet.

“I’m gonna drop a little hint that the Mr. Saturday Night deluxe version coming out next year will have Luke Bryan on it,” he detailed. “I’m pretty excited about it. It’s a very country song.”

That should be no surprise to Jon’s fans, who know him as a bit of a neo-traditionalist, but Luke sometimes catches flak from classic country fans who think his music strays from the genre’s roots. This collab will prove them all wrong, Jon hints.

“When we recorded it, he said to me, ‘You might make the traditional people like me now, because it’s country,’” he continues. “It’s one of my favorites, and it was meant for me and Luke to sing. It’s not about a girl, but it’s about hard work. I think it’s gonna be a big song.”

In the meantime, fans can look forward to the first release of Mr. Saturday Night, which features the Midland duet “Longneck Way to Go.”

Sexagenaria! Happy 60th birthday to Def Leppard guitarist Vivian Campbell

August 25, 2022 by WDNY Radio

Here’s wishing a very happy and very rocking birthday to longtime Def Leppard guitarist and former Dio member Vivian Campbell, who turned 60 Thursday.

In honor of the milestone, Def Leppard is encouraging fans to donate to the Little Kids Rock music-education charity. Those who contribute to the cause will be entered into a sweepstakes to win a signed guitar that Campbell has been playing during the band’s current Stadium Tour with Mötley Crüe, Poison and Joan Jett & the Blackhearts.

The Northern Ireland-born Campbell got his start in a band called Sweet Savage before joining the Ronnie James Dio-fronted Dio in 1983. Campbell appeared on Dio’s first three albums and co-wrote many of the band’s songs, including “Rainbow in the Dark.”

Campbell left Dio in 1986 and briefly joined Whitesnake. In the late 1980s and early 1990s, he worked on a number of projects with Foreigner frontman Lou Gramm.

In 1992, he joined Def Leppard after the 1991 death of that band’s founding guitarist, Steve Clark. Campbell has played on all of Def Leppard’s albums since 1993’s Retro Active and has written or co-written many songs for the group.

Since 2012, Campbell has also been a member of Last in Line, a band featuring several Dio alums.

In 2019, Campbell was inducted into the Rock & Roll Hall of Fame as a member of Def Leppard.

The Stadium Tour continues Thursday night with a concert in Phoenix, Arizona.

Joni Mitchell receives honorary degree from Berklee College of Music

August 25, 2022 by WDNY Radio

Joni Mitchell was presented with an honorary doctorate by the prestigious Boston-based institution the Berklee College of Music during an event held Tuesday at a private residence in Santa Monica, California.

The legendary singer/songwriter was bestowed with the honor by Berklee’s Office of the President and Institute of Jazz and Gender Justice.

“Well, luckily I’m too old to get a swelled head,” the 78-year-old Mitchell said at the gathering after being introduced. “It’s a beautiful event. Words can’t describe it. I’ve got my good friends here with me.”

She added, “I wish my parents were alive. My mother in particular would be really proud of this because she wanted me to go to college. I went to art school and I quit after a year. She thinks of me as a quitter. So to see this achievement would be really impressive to her. I wish I could share it with her.”

Jazz legends Herbie Hancock and Wayne Shorter were among the guests at the event, which included tribute performances by Grammy-winning artists Dianne Reeves and Esperanza Spalding.

In an introductory speech, Berklee President Erica Muhl commented, “Since her debut in the late 1960s, Joni has been a force for change in the industry, blazing the trail for women in music with an unwavering commitment to achieving the status rightfully due her as one of the world’s great musical artists.”

Terri Lyne Carrington, founder and artistic director of the Berklee’s Institute of Jazz and Gender Justice, added about Mitchell, “Her career and social principles stand for the values our institute pursues — imagination, freedom, equity, and identity. I can think of no one more deserving.”

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