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US appellate court rules on Voting Rights Act: The Morning Rundown, Nov. 21, 2023

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A federal court issues a ruling concerning the Voting Rights Act in a case that could end up at the Supreme Court. And the CDC is warning consumers about a listeria outbreak in fruit which has led to at least one death. These stories and more highlight The Morning Rundown for Tuesday, Nov. 21, 2023.

U.S. appeals court makes ruling on suits filed under Voting Rights Act

The U.S. Court of Appeals for the 8th Circuit on Monday, Nov. 20, ruled that only the U.S. government can bring forward lawsuits under a provision of the Voting Rights Act that forbids racial discrimination in state and local election laws.

The federal court’s decision will likely be appealed and sent to the Supreme Court.

In its two-to-one ruling, the appellate court found that only the U.S. Attorney General has the power to file lawsuits under Section 2 of the Voting Rights Act, which prohibits racially discriminatory voting laws, not private citizens or groups like the NAACP.

The decision upheld a 2022 ruling by a U.S. district judge who dismissed a lawsuit challenging Arkansas’s new district map, saying the Justice Department needed to join the suit to move forward.

The voting rights group that filed the lawsuit claimed a new map of congressional districts was weakening the voting power of Black Americans in the area.

Though the appellate court decided only the U.S. government could file section 2 lawsuits, most cases brought under the Voting Rights Act come from private citizens.

In their decision, which only affects the states in the court’s jurisdiction, the judges noted that over the past 40 years, at least 182 successful Section 2 cases were filed, and only 15 were brought solely by the U.S. Attorney General.

Earlier this month, the U.S. Court of Appeals for the 5th Circuit gave an opposite decision from the 8th Circuit, ruling individuals have the right to sue under section 2. In June, the Supreme Court ruled in favor of private individuals in a section 2 case, ordering the state of Alabama to redraw its congressional map.

Defense Secretary Lloyd Austin makes surprise visit to Ukraine

In an unannounced trip, U.S. Defense Secretary Lloyd Austin visited Kyiv on Monday, Nov. 20, to speak with Ukrainian President Volodymyr Zelenskyy and two other ranking officials.

It marks the second time Austin has visited Ukraine since the Russian invasion nearly two years ago.

According to the Department of Defense, Austin’s meeting with Zelenskyy was to reinforce U.S. support for Ukraine, adding that more support is coming in the way of a $100 million security package that includes weapons from U.S. stockpiles.

It is one of the smaller installments of support as a Pentagon spokesperson recently said there is a need to “parse these out” as the timeline for Congress to pass another aid package for Ukraine is unclear. Still, the package marks the Biden administration’s 51st equipment installment being sent to Ukraine.

The package includes:

  • Stinger anti-aircraft missiles
  • One High Mobility Artillery Rocket System (HIMARS) and additional ammunition
  • 155mm and 105mm artillery rounds
  • Tube-launched, Optically-Tracked, Wire-Guided (TOW) missiles
  • Javelin and AT-4 anti-armor systems
  • More than 3 million rounds of small arms ammunition
  • Demolitions munitions for obstacle clearing
  • Cold weather gear; and
  • Spare parts, maintenance, and other ancillary equipment

The Associated Press reported that Zelenskyy called the meeting a “very important signal” for Ukraine in its fight for freedom. Senior defense officials say Austin’s meeting with Zelenskyy sent the message that the U.S. will continue to support Ukraine, even as the country focuses on additional challenges like the conflict in the Middle East.

Navy plane overshoots runway, lands in the ocean in Hawaii

A Navy plane overshot its landing on a Marine Corps base in Hawaii on Monday, Nov. 20, and ended up in Kaneohe Bay. Officials said all nine passengers on the plane escaped unscathed.

The plane missed the runway and landed in the water, similar to the 2009 “Miracle on the Hudson,” when pilot Chelsey “Sully” Sullenberger made an emergency landing in the Hudson River, saving the lives of all 155 passengers on board.

The Hawaii Coast Guard launched a rescue team, but the effort was quickly called off as all passengers made it safely to shore. No further information was given on a cause for what led the P-8A plane to overshoot its mark, but a meteorologist with the National Weather Service in Honolulu said that at the time of the incident visibility was about one mile.

2024 presidential debate dates and locations announced

The nonpartisan Commission on Presidential Debates announced on Monday, Nov. 20, the dates and sites for next year’s presidential debates.

  • Sept. 16 at Texas State University in San Marcos, TX
  • Oct. 1 at Virginia State University in Petersburg, VA – the first Historically Black College or University ever to host a general election debate.
  • Oct. 9 at the University of Utah in Salt Lake City, UT

The commission also announced a vice presidential debate for Sept. 25 at Lafayette College in Easton, PA.

It remains to be seen if the Republican frontrunner for the presidential election, former President Donald Trump, would agree to appear in these debates as he has not participated in any of the Republican primary debates so far, citing high poll numbers. However, he did tell Fox News in June that he wanted to debate President Biden.

Last year, the Republican National Committee cut ties with the Commission on Presidential Debates, citing bias against the GOP, but the decision to participate would come down to the nominee. Meanwhile, the Biden campaign has not yet confirmed if the president plans to participate in these debates.

1 death, 10 hospitalizations linked to listeria outbreak in fruit

The Centers for Disease Control and Prevention warns consumers of a Listeria outbreak linked to recalled peaches, plums, and nectarines.

According to the CDC, the outbreak has led to 10 hospitalizations and one death across seven states. The CDC said the fruit linked to the outbreak was distributed and sold at stores nationwide, including Walmart and Publix, under the brands “HMC Farms” and “Signature Farms.”

HMC has voluntarily recalled the affected produce, including fruit sold between May 1 and Nov. 15 of 2022 and the same dates this year. The CDC recommends checking your freezer and throwing away or returning food that meets the recall criteria.

According to the CDC, Listeria is the third leading cause of death from foodborne illness.

Overdue library book returned after more than a century

Returning a library book does not usually make the news, but in St. Paul, MN, there’s one story worth checking out. After over 100 years, an overdue library book was finally returned.

The book “Famous Composers” was last borrowed from the St. Paul Public Library in 1919. The book was discovered when someone was going through a relative’s belongings.

Reacting to the finding, St. Paul Mayor Melvin Carter joked on “X” that there would not be a late fee. St. Paul Public Library said the book most likely won’t go back into circulation due to its condition. A spokesperson added that, at this point, it’s not just an old book but an artifact.

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A FEDERAL COURT ISSUES A RULING CONCERNING THE VOTING RIGHTS ACT IN A CASE THAT COULD END UP AT THE SUPREME COURT.

AND — THE CDC IS WARNING CONSUMERS ABOUT A LISTERIA OUTBREAK IN FRUIT WHICH HAS LED TO AT LEAST ONE DEATH.

THE MORNING RUNDOWN STARTS NOW.

TODAY IS TUESDAY, NOVEMBER 21ST.

THANK YOU FOR JOINING US.

I’M KARAH RUCKER.

THE U.S. COURT OF APPEALS FOR THE 8TH CIRCUIT ON MONDAY RULED THAT ONLY THE U.S. GOVERNMENT CAN BRING FORWARD LAWSUITS UNDER A PROVISION OF THE VOTING RIGHTS ACT WHICH FORBIDS RACIAL DISCRIMINATION IN STATE AND LOCAL ELECTION LAWS.

THE FEDERAL COURT’S DECISION IS LIKELY TO BE APPEALED – AND SENT ALL WAY TO THE SUPREME COURT.

IN ITS TWO TO ONE RULING – THE APPELLATE COURT FOUND THAT ONLY THE U.S. ATTORNEY GENERAL HAS THE POWER TO FILE LAWSUITS UNDER SECTION TWO OF THE VOTING RIGHTS ACT – WHICH PROHIBITS VOTING LAWS THAT ARE RACIALLY DISCRIMINATORY – NOT PRIVATE CITIZENS OR GROUPS LIKE THE NAACP.

THE DECISION UPHELD A 2022 RULING BY A U.S. DISTRICT JUDGE WHO DISMISSED A LAWSUIT CHALLENGING ARKANSAS’S NEW DISTRICT MAP – SAYING THE JUSTICE DEPARTMENT NEEDED TO JOIN THE SUIT TO MOVE FORWARD.

the VOTING RIGHTS GROUP WHO FILED THE LAWSUIT – CLAIMED A NEW MAP OF CONGRESSIONAL DISTRICTS WAS WEAKENING THE VOTING POWER OF BLACK AMERICANS IN THE AREA.

THOUGH THE APPELLATE COURT DECIDED ONLY THE U.S. GOVERNMENT COULD FILE SECTION 2 LAWSUITS, THE VAST MAJORITY OF CASES BROUGHT UNDER THE VOTING RIGHTS ACT COME FROM PRIVATE CITIZENS.

IN THEIR DECISION – WHICH ONLY AFFECTS THE STATES IN THE COURT’S JURISDICTION — THE JUDGES NOTED OVER THE PAST 40 YEARS – THERE HAVE BEEN AT LEAST 182 SUCCESSFUL SECTION 2 CASES FILED – AND ONLY 15 WERE BROUGHT SOLELY BY THE ATTORNEY GENERAL.

EARLIER THIS MONTH – THE U.S. COURT OF APPEALS FOR THE 5TH CIRCUIT – GAVE AN OPPOSITE DECISION FROM THE 8TH CIRCUIT – SIDING WITH INDIVIDUALS HAVING THE RIGHT TO SUE UNDER SECTION 2.

AND IN JUNE – THE SUPREME COURT RULED IN FAVOR OF PRIVATE CITIZENS IN A SECTION 2 CASE — ORDERING THE STATE OF ALABAMA TO REDRAW ITS CONGRESSIONAL MAP.

IN AN UNANNOUNCED TRIP – U-S DEFENSE SECRETARY LLOYD AUSTIN VISITED KYIV MONDAY TO SPEAK WITH UKRANIAN PRESIDENT VOLODYMYR ZELENSKYY.

IT MARKS THE SECOND TIME AUSTIN HAS VISITED UKRAINE SINCE THE RUSSIAN-INVASION NEARLY TWO YEARS AGO.

ACCORDING TO THE DEPARTMENT OF DEFENSE  — LLOYD’S MEETING WITH ZELENSKYY WAS TO REINFORCE U-S SUPPORT FOR UKRAINE —

ADDING THAT MORE AID IS COMING, IN THE WAY OF A 100-MILLION DOLLAR SECURITY PACKAGE WHICH INCLUDES WEAPONS FROM U-S STOCK PILES.

IT IS ONE OF THE SMALLER INSTALLMENTS OF SUPPORT AS A PENTAGON SPOKESPERSON RECENTLY SAID THERE IS A NEED TO SPREAD OUT FUTURE AID AS THE TIMELINE FOR CONGRESS TO PASS ANOTHER PACKAGE FOR UKRAINE IS UNCLEAR.

STILL – THIS MARKS THE BIDEN ADMINISTRATION’S FIFTY-FIRST INSTALLMENT OF EQUIPMENT BEING SENT TO UKRAINE.

ALONG WITH MORE THAN THREE-MILLION*** ROUNDS OF SMALL AMMUNITIONS THE PACKAGE INCLUDES MUNITIONS FOR AIR-DEFENSE SYSTEMS AND ANTI-ARMOR MUNITIONS.

THE ASSOCIATED PRESS REPORTS ZELENSKYY CALLED THE MEETING A “VERY IMPORTANT SIGNAL” FOR UKRAINE IN ITS FIGHT FOR FREEDOM.

SENIOR DEFENSE OFFICIALS SAY LLOYD’S MEETING WITH ZELENSKYY SENT THE MESSAGE THAT THE UNITED STATES’ WILL CONTINUE TO SUPPORT UKRAINE — EVEN AS THE COUNTRY FOCUSES ON ADDITIONAL CHALLENGES LIKE THE CONFLICT IN THE MIDDLE EAST.

A NAVY PLANE OVERSHOT ITS LANDING ON A MARINE CORPS BASE IN HAWAII ON MONDAY AND ENDED UP IN A BAY.

OFFICIALS SAID ALL NINE PASSENGERS ON THE PLANE ESCAPED UNSCATHED.

THE PLANE MISSED THE RUNWAY AND LANDED IN THE WATER- SIMILAR TO THE 2009 “MIRACLE ON THE HUDSON” – WHEN PILOT CHELSEY “SULLY” SULLENBERGER MADE AN EMERGENCY LANDING IN THE HUDSON RIVER SAVING THE LIVES OF ALL ONE HUNDRED AND FIFTY FIVE PASSENGERS ON BOARD.

THE HAWAII COAST GUARD LAUNCHED A RESCUE TEAM BUT THE EFFORT WAS QUICKLY CALLED OFF AS ALL PASSENGERS MADE IT SAFELY TO SHORE.

NO FURTHER INFORMATION WAS GIVEN ON A CAUSE FOR WHAT LED THE PLANE TO OVERSHOOT ITS MARK  —

BUT A METEOROLOGIST WITH THE NATIONAL WEATHER SERVICE IN HONOLULU SAYS AT THE TIME OF THE INCIDENT VISIBILITY WAS only ABOUT ONE MILE.

THE NONPARTISAN COMMISSION ON PRESIDENTIAL DEBATES ANNOUNCED ON MONDAY – THE DATES AND SITES FOR NEXT YEAR’S PRESIDENTIAL DEBATES.

PRESIDENTIAL DEBATES 11-21 SIDEBAR

SIDEBAR TITLE: 2024 PRESIDENTIAL DEBATES

THE FIRST WILL TAKE PLACE AT TEXAS STATE UNIVERSITY IN SAN MARCOS, TEXAS ON SEPTEMBER SIXTEENTH.

THE SECOND WILL OCCUR ON OCTOBER FIRST IN PETERSBURG, VIRGINIA AT VIRGINIA STATE UNIVERSITY–

BECOMING THE FIRST HISTORICALLY BLACK COLLEGE OR UNIVERSITY EVER TO HOST A GENERAL ELECTION DEBATE.

THE THIRD PRESIDENTIAL DEBATE IS SCHEDULED FOR OCTOBER NINTH AT THE UNIVERSITY OF UTAH IN SALT LAKE CITY.

WHICH WILL BE BE LESS THAN ONE MONTH OUT FROM ELECTION DAY 2024.

THE COMMISSION ALSO ANNOUNCED A VICE PRESIDENTIAL DEBATE FOR SEPTEMBER TWENTY FIFTH  AT LAFAYETTE COLLEGE IN EASTON, PENNSYLVANIA.

IT REMAINS TO BE SEEN IF THE REPUBLICAN FRONTRUNNER – FORMER PRESIDENT DONALD TRUMP – WOULD AGREE TO APPEAR IN THESE DEBATES – AS HE HAS NOT PARTICIPATED IN ANY OF THE REPUBLICAN PRIMARY DEBATES SO FAR — CITING HIGH POLL NUMBERS AS THE REASON.

THOUGH HE DID TELL FOX NEWS IN A JUNE INTERVIEW HE WANTS TO DEBATE PRESIDENT BIDEN

LAST YEAR – THE REPUBLICAN NATIONAL COMMITTEE CUT TIES WITH THE COMMISSION ON PRESIDENTIAL DEBATES – CITING BIAS AGAINST THE GOP – BUT THE DECISION TO PARTICIPATE WOULD COME DOWN TO THE NOMINEE.

MEANWHILE THE BIDEN CAMPAIGN HAS NOT YET CONFIRMED IF THE PRESIDENT PLANS TO PARTICIPATE IN THE DEBATES EITHER.

THE CENTERS FOR DISEASE CONTROL AND PREVENTION IS WARNING CONSUMERS OF A LISTERIA OUTBREAK LINKED TO RECALLED PEACHES – PLUMS – AND NECTARINES.

ACCORDING TO THE CDC – THE OUTBREAK HAS LED TO TEN HOSPITALIZATIONS AND ONE DEATH ACROSS SEVEN STATES.

THE CDC SAYS THE FRUIT LINKED TO THE OUTBREAK WAS DISTRIBUTED AND SOLD AT STORES ACROSS THE COUNTRY — INCLUDING WALMART AND PUBLIX — UNDER THE BRAND “H-M-C FARMS” AND “SIGNATURE FARMS”

H-M-C HAS VOLUNTARILY RECALLED THE AFFECTED PRODUCE — WHICH INCLUDES FRUIT SOLD BETWEEN MAY 1ST AND NOVEMBER 15TH OF 20-22 AND THE SAME DATES THIS YEAR.

THE CDC RECOMMENDS CHECKING YOUR FREEZER AND EITHER THROWING AWAY OR RETURNING FOOD THAT MEETS THE RECALL CRITERIA.

ACCORDING TO THE CDC — LISTERIA IS THE THIRD LEADING CAUSE OF DEATH FROM FOOD-BORNE ILLNESS.

FINALLY THIS MORNING – RETURNING A LIBRARY BOOK USUALLY DOES NOT MAKE THE NEWS – BUT IN ST. PAUL MINNESOTA – THERE’S ONE STORY WORTH CHECKING OUT.

BECAUSE AFTER MORE THAN 100 YEARS AN OVERDUE LIBRARY BOOK HAS FINALLY BEEN RETURNED.

THE BOOK — TITLED “FAMOUS COMPOSERS” – WAS LAST BORROWED FROM THE ST. PAUL PUBLIC LIBRARY IN 1919.

THE BOOK WAS DISCOVERED WHEN SOMEONE WAS GOING THROUGH A RELATIVE’S BELONGINGS.

REACTING TO THE FINDING — ST. PAUL MAYOR MELVIN CARTER JOKED ON X THAT THERE WOULD NOT BE A LATE FEE.

ST. PAUL PUBLIC LIBRARY SAYS THE BOOK MOST LIKELY WON’T GO BACK INTO CIRCULATION DUE TO ITS CONDITION.

A SPOKESMAN SAYING AT THIS POINT IT’S NOT JUST AN OLD BOOK – BUT AN ARTIFACT.

THESE ARE YOUR TOP STORIES FOR THIS TUESDAY.

AND BE SURE TO SUBSCRIBE TO THE MORNING RUNDOWN NEWSLETTER  TO GET THE TOP STORIES EACH WEEKDAY MORNING.

JUST GO TO SAN DOT COM SLASH RUNDOWN TO SIGN UP.

UNBIASED. STRAIGHT FACTS. THAT’S STRAIGHT ARROW NEWS.

WE’LL SEE YOU BACK HERE TOMORROW.

UNTIL THEN I’M KARAH RUCKER. HAVE A GREAT DAY!