Apache Stronghold Takes Oak Flat Fight to Supreme Court

NATIVE NEWS ONLINE

09/23/24

Wendsler Nosie has led the fight to protect Oak Flats for almost a decade.

NATIVE N(Photo/Apache Stronghold)By Kaili Berg September 12, 2024

Apache Stronghold, a Native American advocacy group, has made a final legal plea to the U.S. Supreme Court to block the development of one of the world’s largest copper mines on sacred Arizona land.

The group, representing the San Carlos Apache tribe, has long opposed the efforts of mining giants Rio Tinto and BHP to gain access to Oak Flat, known to the Apache as Chi’chil Biłdagoteel, arguing that the project would destroy a key religious site.


Chi’chil Biłdagoteel, or Oak Flat, is a federally owned piece of land located in Arizona. It holds deep spiritual significance for the San Carlos Apache people and other tribes for time immemorial.

However, Oak Flat is also home to a vast copper reserve, estimated to contain over 40 billion pounds of the metal. Copper is a crucial material for the production of electric vehicles and electronics, making the land a prime target for resource extraction in the global shift toward renewable energy.

If a mine is built, the site would be transformed into a crater two miles wide and 1,100 feet deep, devastating the land’s sacred and ecological value.

The conflict over Oak Flat began in 2014 when Congress, under President Barack Obama, approved a land swap deal that would allow the federal government to transfer Oak Flat to Rio Tinto and BHP in exchange for other parcels of land.

This deal quickly sparked backlash from Apache Stronghold, which argued that the mining project would desecrate a sacred Apache worship site.

By 2015, the group had launched legal challenges and organized protests, raising awareness about the cultural and religious importance of Oak Flat. The case gained national attention as it became a flashpoint for the broader debate over Indigenous land rights and environmental justice.

In 2021, when President Joe Biden took office, he temporarily froze the land swap. However, the Biden Administration’s Department of Justice later argued in court that the federal government has the right to dispose of its land for national purposes, even if it interferes with religious practices.

The situation took a significant turn in March 2024 when the 9th U.S. Circuit Court of Appeals ruled in favor of the mining companies, allowing the land swap to proceed. Apache Stronghold vowed to continue their fights, taking the case to the U.S. Supreme Court.

In September 2024, Apache Stronghold delivered their appeal to the Supreme Court, following a months-long caravan from their Arizona reservation to Washington, D.C. The group then held a ceremony of prayer and dance on the steps of the Supreme Court.

For Apache Stronghold’s appeal to move forward, at least four Supreme Court justices must agree to hear the case. If the court accepts, oral arguments could begin as early as the next term, which starts in October 2024, with a decision potentially being issued by June 2025.

Canadian Medical Association Apologizes for Harming First Nations People

By Native News Online Staff September 20, 2024

The Canadian Medical Association (CMA) apologized for its role and the role of the medical profession in past and ongoing harms to First Nations, Inuit, and Métis Peoples in the health system.

In presenting the apology at a ceremony held on Wednesday, Sept. 18, in Victoria on the ancestral lands of the lək̓ʷəŋiʔnəŋ-speaking people of Songhees and Xwsepsum Nations., CMA President Dr. Joss Reimer spoke of the organization's commitment to being accountable and working together with Indigenous Peoples to do better in the spirit of humility and reciprocity.

“We have not lived up to the ethical standards the medical profession is expected to uphold to ensure the highest standard of care is provided to patients and trust is fostered in physicians, residents and medical students,” she said. “We realize we have left Indigenous Peoples out of that high standard of care.”

The ceremony also included singers, drummers, dancers, musicians and storytellers.

Approximately 225 guests, including local and national Indigenous leaders, members of the CMA Indigenous Guiding Circle and Indigenous Survivors listened as CMA leadership outlined the organization’s path to an apology.

“Today, we turn the first page of a new chapter in the CMA’s history,” said Dr. Alika Lafontaine, CMA president (2022–23). “It's a chapter that we hope First Nations, Inuit and Métis Peoples can write with us together, as we work toward a health system that provides Indigenous Peoples
with the right care, at the right time, in the right place, in a good way.”

That path included an in-depth review of more than 150 years of archives, which revealed the role the CMA, and the medical profession, have played in the mistreatment of Indigenous Peoples, whether through action or inaction. These harms include the devastating impacts of Indian hospitals, forced medical experimentation, forced sterilization, child apprehensions, systemic racism, neglect and abuse within the health care system.

The CMA’s first Indigenous president, Dr. Lafontaine announced the association’s commitment to an apology in June 2023, as an important part of the CMA’s response to the Truth and Reconciliation Commission of Canada’s Calls to Action. With the goal of creating meaningful change in health care and in the relationship between physicians and Indigenous Peoples, the CMA is hoping the apology inspires members of the profession and medical organizations to begin their own reconciliation journeys.

Building on past reconciliation work, the CMA’s ReconciliACTION Plan outlines how it will advance health and well-being for Indigenous Peoples, support the medical profession’s journey toward truth and reconciliation, and promote internal reconciliation as an organization.

Nevada's Native Nations Must Unite to Counter the Project 2025 Agenda, Protect Our Cultural Treasurers, and Get Out the Native Vote Now

Banner encouraging voters to get to the polls in 2018. (Photo/PLAN Nevada)

By A. Brian Wallace, Chairman (Ret.) Washoe Tribe of Nevada and California 

 

September 23, 2024

Guest Opinion. As a retired chairman of the Washoe Tribe of Nevada and California, I have witnessed firsthand the struggles and triumphs of our people as we have fought to protect our lands, our sovereignty, and our way of life. Today we stand at a critical crossroads - The Project 2025 Plan and Agenda, a conservative blueprint developed by The Heritage Foundation and other aligned groups, poses a threat to everything we have fought for. It seeks to roll back decades of progress in safeguarding our rights, our lands, and the keystone cultural species and sacred places that are integral to our identity and first peoples of Nevada.

The time has come for Nevada's Native Nations to unite - not only to defend our sovereignty but also to forge alliances with communities of color, equity advocates and environmental justice movements. Together, we can resist this agenda, and protect our cultural heritage, and mobilize our communities with a powerful "Get Out the Native Vote" campaign to ensure our voices are heard and our future is safeguarded.

Protecting Sovereignty: A Collective Imperative

For Native Nations like ours, the principles of sovereignty and self determination are not abstract concepts - they are the bedrock of our existence. The Project 2025 agenda's push for deregulation and smaller government might seem distant from our day-to-day lives, but its impacts will be felt deeply in our communities. By reducing federal oversight and empowering states to prioritize deregulated resource extraction, the agenda threatens to strip away the protections that safeguard our lands, waters, and keystone cultural species - those plants, animals, and places that are central to our cultural identity and survival.

As Indigenous peoples, we must stand firm in asserting our sovereignty. Our right to govern our lands, resources, and communities is non-negotiable. This responsibility includes the sacred responsibility to protect the species and ecologies that are integral to our cultural heritage. But this fight is not our's alone. We must seek common cause with other communities of color who have been marginalized and exploited. Our struggles are interconnected, and our strength lies in unity. By joining forces with equity and social justice movements, we can amplify our voices to ensure that the defense of Indigenous sovereignty and cultural heritage becomes a rallying cry for all who believe in biodiversity, equity and justice.

But we cannot achieve this without political power: Get Out the Native Vote Now must be our battle cry. Our vote is our voice, and it is key to ensuring that our leaders respect our sovereignty, protect our lands, and honor our histories. By turning out in record numbers, we can make sure that our interests are represented and that those who seek to undermine our rights are held accountable.

Environmental Justice: Our Sacred Responsibility

The landscapes of Nevada are not just places of natural beauty, they are sacred spaces that hold deep cultural and spiritual significance to our people. Many of these landscapes are homes to cultural keystone species - like the pinion pine, which has sustained our peoples for generations, or the salmon that are essential to the life ways of many tribes. The Project 2025 agenda emphasis on deregulation poses a direct threat to these sacred lands and species, as it seeks to open them up to unregulated mining, drilling, and other forms of exploitation. This is not just an environmental issue - it is a violation of our rights as Indigenous peoples.

But we are not alone in this fight. Communities of color across Nevada, from the urban centers of Las Vegas and Reno to the rural heartlands, are also on the front lines of environmental injustice. Polluted air, contaminated water, and toxic waste dis-proportionately impact our communities, making the fight for environmental justice a shared responsibility. By aligning with these communities, we can build a powerful coalition that demands accountability and prioritizes the health and well being of all Nevadans while also protecting the species and ecologies that are central to our cultures. Getting Out the Native Vote Now is crucial to this effort. Elected officials who support environmental justice, protect sacred places, and respect Indigenous peoples rights are more likely to be held accountable when we show up at the polls. By voting, we ensure that our voices are heard in the halls of power, where decisions about our lands and our futures are made.

Equity and Social Justice: A Unified Movement

In the face of the Project 2025 agenda, it is clear that the fight for Indigenous Rights cannot be separated from the broader struggles for equity and social justice. Our histories are intertwined with those of other marginalized communities, and our futures are equally connected. Whether it is the fight for affordable housing, access to healthcare, educational opportunities, or fair wages, the issues that impact our neighbors also impact us. Moreover, the protection of cultural keystone species and places is not just an Indigenous concern; it is a matter of equity and justice for all who value the preservation of cultural heritage and biodiversity.

By building alliances with equity advocates, labor unions, and civil rights organizations, we can create a unified movement that is stronger than the sum of its parts. Together, we can challenge the systematic inequalities that have kept our communities oppressed for too long. This is not just about resisting the Project 2025 agenda - it is about envisioning and working toward a Nevada where all people, regardless of race or background, can thrive and where our cultural heritage and ecological treasures are safeguarded for future generations.

Our Vote is a critical tool in this fight. By coming together to Get Out the Native Vote Now, we can ensure that our elected officials prioritize equity and social justice. When we vote, we make it clear that we will not stand for policies that harm our communities and that we will hold our leaders accountable for their actions.

Indigenous Rights: Leading the Way Forward

As Indigenous peoples, we have a unique role to play in this movement. Our deep connection to the land and our long history of resistance to colonialism give us the moral authority to lead the fight against the Project 2025 agenda. But leadership does not mean going it alone. It means reaching out to others, and building bridges, and fostering solidarity across lines of race, class, and geography. Central to this leadership is our commitment to protecting the cultural keystone species and places that are vital to our identity and survival.

The challenges we face are daunting, but they are not insurmountable. By coming together - Tribal Nations, communities of color, equity advocates and environmental justice warriors - we can resist this agenda and create a Nevada that honors the Rights of all its people, protects the lands and species we hold sacred, and upholds the principles of justice and equity for all. But this vision will only become a realty if we make our voices heard at the ballot box. Get Out the Native Vote Now is not just a slogan; it is our Call to Action. It is our way of ensuring that our leaders respect our rights, protect our lands and work for the wellbeing of all Nevadans.

 Conclusion: A Call to Action

The Project 2025 agenda represents a clear and present danger to the future of Nevada's Native Nations and to all who value justice, equity, environmental stewardship, and cultural heritage. But we have the power to resist. By uniting with our allies and building a broad-based movement that centers Indigenous rights and the protection of cultural keystone species, we can protect our sovereignty, defend our lands, and create a future where all Nevadan's can live with dignity, respect, and a deep connection to the natural world.

And we can only do this if we Vote! Get Out the Native Vote Now is our path to ensuring that our voices are heard and that our rights are protected. The time to act is now. Let us stand together, in solidarity and in strength, to ensure that Nevada remains a place where justice, equity, and the protection of our cultural and ecological treasures are not just ideals, but realities for all.

 

rembrandt.ai, davinci.ai, artist.ai: The Plight of Artists in an Artificial Intelligence World

Mona Lisa, by Artificial intelligence (with my prompts, so do I own it?) (Photo/Professor Victoria Sutton)

By Professor Victoria Sutton 

 

September 22, 2024

Guest Opinion. The U.S. Constitution provides for the protection of the arts, which has been implemented through statutory and regulatory protections for authors and inventors:

“promote the [p]rogress of . . . Arts”

——U.S. Const. art. I, § 8, cl. 8.

The entire quote from the Constitution reads, “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” But it is the “promote the progress of . . . “ clause that is having difficulty with courts that do not see artificial intelligence as “progress” but that the arts are in need of protection from it.

“Artists” who are using artificial intelligence (AI) are a challenge to the copyright office. In response, the Copyright Office officially published a “statement of policy to clarify its practices for examining and registering works that contain material generated by the use of artificial intelligence technology for the use of AI in copyright applications,” effective March 16, 2023.

In August 2023, in a case where the applicant was denied copyright protection for his “autonomously” created artwork, the D.C. District Court held that the artificial intelligence function was the sole creator of the art it created. But because only a person can hold a copyright, this and any AI art is ineligible for registration.

The copyright applicant in this case, Thaler, filed an application to register a creation called “Entrance to Paradise” (see below) created by artificial intelligence which he identified as his “Creativity Machine,” which he included as a claimant. Thaler admits that the art “was autonomously created by a computer algorithm running on a machine” in his claim notes. He also writes in a note to the Copyright Office that he is “seeking to register this computer-generated work as a work-for-hire to the owner of the Creativity Machine” which is Thaler.

In August 12, 2019, the Copyright Office sent Thaler a letter denying registration to Thaler finding that it “lacks the human authorship necessary to support a copyright claim.” 

After a series of administrative appeals, the Office's Review Board issued a final determination affirming that the work could not be registered because it was made “without any creative contribution from a human actor.” 

This week, on September 19, 2024, the D.C. Circuit Court heard an appeal from the D.C. District Court opinion last year, affirming the Copyright Office decision not to register the AI created work. The question before the court is whether the Copyright Office "correctly denied a registration application that claimed on its face that the work was autonomously generated by an AI [system]." But Thaler argued he had more to do with it than previously argued, confusing the judges panel about what question was before them, according to one account. It is likely that the lower court’s opinion will be affirmed, but we will see.

Art competitions

In 2022, Jason Michael Allen entered his AI created art using Midjourney in the Colorado State Fair category for digitally created art, and won the top prize, marking the first time AI had won in a competition.

The Copyright Office also rejected Allen’s application for copyright of his award-winning work, citing that there was more than a de minimis contribution from artificial intelligence (the office had asked Allen to provide which elements were his, and he declined).

Argument of Artists

Artists who create works of art argue that artificial intelligence functions are based on training they received by ingesting their works, thus using the work of others to make their own. However, it seems that is exactly what human minds do by being human and living in the world of art. They are inspired and so create based on their “training” of seeing the Masters who have painted and created great works of art, as well as those that are lesser known artists. Having a machine assist you in that process is human enhancement of a sort.

How far does the Copyright Act extend?

There is some question as to whether the Copyright Act extends to tribal lands, because the Act is silent on its application beyond the “states”. Native American scholar, Trevor Reed, argues that each Tribe should decide whether it applies within their jurisdiction. Tribes are also free to create their own copyright laws.

Further conflicts with AI in Indigenous Cultures

Where art is depicting sacred objects or ideas, the use of artificial intelligence to generate “aboriginal art” can be offensive and misappropriating indigenous culture. In this example, a law firm in Australia used this to show how indigenous art can be stolen for artificial intelligence art generation in a potentially offensive way:

The use of artificial intelligence can also be used to police copied, misappropriated or even stolen indigenous art. A Google image search can find similar images and artificial intelligence can enhance that function.

Artificial Intelligence for Artists Today

Many AI applications like two of them in the title of this article, are created for artists to use in the generation of art that can be used commercially or sold, but still not copyrighted.

Some competitions like the Colorado Fair competition where one of the first AI generated artworks won the digital division competition, have now required disclosure as to whether the artist used artificial intelligence in the creation of their entry in the competition.

Until we hear from the D.C. Circuit Court, these works will continue to be ineligible for registration at least to AI ownership because AI is not a person; and not to the human “prompt artist” because they did not create the work.

Ultimately, when the U.S. Congress catches up on the plight of artists and copyright, they may be able to fashion legislation for another category of AI generated art that has some limitations on its infringement just like human-generated art. “Prompt artists” will need to direct it not to “copy” other works, and that may be a challenge.

So do I own the Mona Lisa-like image created with artificial intelligence at the beginning of this article? Obviously it was trained on the original Mona Lisa created by Da Vinci in 1503-1506.

Yes, I own it but I am not the creator yet I can use it royalty free. It is not, however, eligible for copyright protection—yet.

To read more articles by Professor Sutton go to:  https://profvictoria.substack.com/ 

Professor Victoria Sutton (Lumbee) is a law professor on the faculty of Texas Tech University. In 2005, Sutton became a founding member of the National Congress of American Indians, Policy Advisory Board to the NCAI Policy Center, positioning the Native American community to act and lead on policy issues affecting Indigenous communities in the United States.

GOP Montana Senate Candidate Caught on Tape Comparing His Experience in Afghanistan to Dealing with Montana Native Americans

DID HE BRING HIS TRANSLATER WITH HIM

NATIVE NEWS
Yahoo News
NATIVE VOTE 2024

September 24, 2024

GOP U.S. Senate Candidate Tim Sheehy speaks to the Fort Peck Tribal Council. Photo/Video)By Levi Rickert September 24, 2024

There he goes again.

Already in hot water with Native American tribes in Montana for his racist and disparaging remarks about members of the Crow Nation, Montana Republican Tim Sheehy who is running to replace three-term U.S. Sen. Jon Tester (D-MT), has been caught on tape making a false comparison to Indigenous Afghans and Indigenous people of Montana.

Speaking in front of the Fort Peck Tribal Council last month, Sheehy said: “You know, I lived amongst the Indigenous folks there who were colonized, lived in mud huts for months and years on end, eating their food, learning their culture, learning their language.”

A former Navy Seal, while serving time in Afghanistan, Sheehy apparently spent time with some Indigenous people of the war-ravaged country.

Perhaps, Sheehy feels his time spent among the Afghans has prepared him for working with the eight tribes in Montana. However, his previous comments don’t reflect his ability to maintain a trusting relationship with the Montana tribes.

In an audio clip recorded at a fundraiser on November 6, 2023, Sheehy brags about roping and branding with members of the Crow Nation. He says “it’s a great way to bond with the Indians while they’re drunk at 8:00 a.m.”

Four days later, while speaking at a Hamilton campaign event, Sheehy told the audience he rode in the Crow Fair parade. “They’ll let you know when they like you or not, if Coors Light cans flying by your head…They respect that,” was heard on another audio clip.

On September 5, the National Congress of Americans (NCAI) condemned the Republican candidate’s racist comments in a statement:

“The National Congress of American Indians (NCAI) strongly condemns the remarks made by Montana GOP Senate candidate Tim Sheehy, in which he used offensive language to stereotype Native people. Such harmful rhetoric has no place in public discourse, especially from those seeking elected office. These derogatory comments are a stark reminder of the persistent racism that Native communities continue to face.”

Crow Nation Chariman Frank Whiteclay said in a September 8 letter said Sheehy's comments reflect a discriminatory and racially prejudiced belief about all Native Americans. Whiteclay called Sheehy's comments "highly unprofessional."

Last week Friday, September 20, Sheehy made an appearance on FOX News and was given a chance to clarify those comments, but instead told the host that they are old recordings, and suggested they were edited to make him sound poorly. He offered no apology to Montana tribal leaders or tribal citizens.

“As you know, they’ll take recordings from years ago, chop them up and make them sound, you know, evil,” Sheehy said.

The recordings from last November obviously were not from years ago.

In a Napolitan News survey released on Tuesday, Sept. 24, Sheehy leads incumbent Tester 50 percent to 43 percent, conducted by RMG Research, of 491 potential voters. This is a flip of a Napolitan poll conducted in August that showed Tester with five point lead.

It was not clear if the survey included Native Americans in the state.

Willie Nelson, Margo Price Tell Texas and Tennessee Fans to Vote Democrats Into Congress

Joseph Hudak

ROLLING STONE
Tue, September 24, 2024 

Willie Nelson, Margo Price. - Credit: Gary Miller/Getty Images; Jason Kempin/Getty Images for Pilgrimage Music & Cultural Festival

Willie Nelson and Margo Price encouraged their fans in Texas and Tennessee to register to vote and cast a ballot in favor of the states’ respective Democratic candidates for U.S. Senate. In Texas, Colin Allred is trying to unseat Republican Ted Cruz, while Gloria Johnson — one of the Tennessee Three — is challenging Republican Marsha Blackburn.

In a video filmed around a table on Nelson’s tour bus, the Farm Aid board members endorse Allred and Johnson in a short speech. “I know we’re all talking about the presidential race, and that’s important, but Margo and I want to talk about our Texas and Tennessee voters,” Nelson says, reading from a sheet of paper.



“Colin Allred is running against Ted Cruz in Texas and I know firsthand that Colin will represent all Texans,” Nelson says, “no matter their race, who they worship, or who they love.”

“And I know Gloria will do something about the gun problem this country faces,” Price says of Johnson, who, with Reps. Justin Jones and Justin Pearson, famously protested on the Tennessee statehouse floor the inaction by their Republican peers to pass gun reform in the wake of the 2023 Covenant school shooting in Nashville.

In all, there are 33 U.S. Senate seats in contention this November. The voter registration deadline in Texas and Tennessee is Oct. 7. Nelson says to make a voting plan and “bring three friends to the polls and vote for Colin Allred.” Price, meanwhile, uses a different tactic. Pointing out that Tennessee has the lowest voter turnout in the nation, she admonishes, “Friends don’t sleep with people that don’t vote.”

Along with being a Tennessee state representative, Johnson is a former special education teacher who has spoken out in favor of gun reform, reproductive rights, and racial equality. When asked by reporters why her Tennessee Three colleagues, Pearson and Jones, who are Black, were expelled from the House following their protest and she was not, Johnson replied, “I’ll answer your question; it might have to do with the color of our skin.”

In Texas, Allred is a college football star who played four seasons with the Tennessee Titans and left the NFL in 2011 to pursue a law career. He held positions in the White House Counsel’s office under the Obama administration, and at the Maryland U.S. Attorney’s Office. Recent polls show Allred neck and neck with Cruz.

Democrats privately worry Trump's support among White working class could sway the election: Report

Nikolas Lanum

FOX NEWS
Mon, September 23, 2024

Democrats are privately worried about Vice President Kamala Harris’ ability to shore up votes among White, working-class voters – an important demographic to securing victory in the November election.

According to a new report from Politico, while members of the Democratic Party are publicly expressing confidence, behind closed doors, officials and allies fear that former President Donald Trump could shatter the Blue Wall he broke down eight years ago.

"Candidly, Trump has a solid, solid base of working-class people that have bought into his message," Jimmy Williams, president of the International Union of Painters and Allied Trades, told Politico.

"It’s movable and it’s been moving. But it’s not like some tide that’s turned," he said.

The fresh concern comes as the Teamsters labor union chose to withhold an endorsement from Harris last week following internal polling that showed higher favorability for Trump among respondents.

Democrats told Politico that Trump may garner unexpectedly high support among union members – especially men. They also say Harris must work harder to win over the White, working-class voting bloc which comprises a large percentage of the Rust Belt electorate.

One pro-Harris union official, who Politico granted anonymity, said the polling was a "red flag" for Democrats and was reminiscent of 2016, when Hillary Clinton underperformed among union households.

"Hard not to have HRC flashbacks right now, to be honest, that stuff might be wrong beneath the surface," the official said. "I hope it’s not."

Swing-state Democrats also claimed that Harris is not criticizing Trump enough on past comments he has made regarding issues that matter to older voters, such as Social Security and Medicare.

"I’m worried about her with [seniors]… most of all, I just think they don’t know her," one anonymous Pennsylvania Democratic elected official told Politico. "She should be coming in on Medicare and Social Security like non-f---ing stop."

Another Democratic elected official in Pennsylvania expressed similar concerns.

"How much time do you hear the top of the ticket talking about that issue? Almost nothing. They just have to talk about it more," the official said.

Trump is leading Harris in Arizona by five points in a 50%-45% spread, and he holds a similar 49%-45% lead in Georgia, according to a poll on Monday by The New York Times. Harris is closer to the former president in North Carolina, however, where the race sits at 49%-47%.

The Times survey comes days after a Fox News national poll found Harris leading Trump by two points in a 50%-48% match-up.

Florida, Georgia Teamsters break with national leadership by endorsing Harris-Walz ticket

Antonio Fins, Palm Beach Post
Tue, September 24, 2024 



Ten Teamsters local units that represent 45,000 members in Florida, Georgia and southeastern Alabama have broken with the union's national leadership by endorsing Vice President Kamala Harris' presidential campaign.

Josh Zivalich, president of the Teamsters Joint Council 75, said the seven-member board felt strongly that it needed to support the ticket of Harris and running mate Tim Walz, the Minnesota governor.

"We decided we wanted to endorse the Harris-Walz campaign," Zivalich said. "We think the stakes are very high for working people, and certainly union people, and we thought it was important to make a stand."


The decision is a departure from the Sept. 18 announcement by the board of the International Brotherhood of Teamsters not to endorse either Harris or former President Donald Trump. The Republican White House nominee's campaign hailed the Teamsters' non-selection calling it a "crushing blow" against Harris as "she became the first Democrat in almost three decades" not to enjoy the backing of the Teamsters.

But the decision was also a setback for Trump, who coveted the union's backing as well. Teamsters President Sean O'Brien was given a prime-time speaking slot at this July's Republican National Convention in Milwaukee, and Trump teased a potential endorsement during rallies this summer.

What's more, since the non-endorsement by the national governing board, the Harris-Walz ticket has steadily received endorsements from local Teamsters councils, including in important battleground states like Michigan, Pennsylvania, Wisconsin and Nevada.

On Tuesday, the three Teamsters local councils in Georgia joined the group, as did the six in Florida and the one in southeastern Alabama that also oversees Florida's western Panhandle. Zivalich would not say what the final seven-member vote was in support of of Harris-Walz.

"But I can tell you there wasn't anybody that voted that we should endorse Mr. Trump," he said.
Why the Florida, Georgia Teamsters say they back Harris-Walz

Zivalich said union opposition to Trump in part stems from the "outright hostile" stance the National Labor Relations Board took against organized labor during the former president's lone term in the White House.

He said organized labor also is outspoken in opposition to the Project 2025 goal of dismantling the American regulatory state, which Zivalich said would undermine protections from the right to organize to safety supervision under the Occupational Safety and Health Administration, a federal agency.

Trump and his campaign have disavowed Project 2025, and say they do not support what Democrats and critics call its extremist program. But Trump's campaign rhetoric, particularly his call to slash federal regulations and his supporters' wish for dismantling the "deep state," echoes Project 2025's provisions.

"We think that those laws and agencies not only need to be protected: They need to be strengthened. That's clearly not Mr. Trump's agenda," Zivalich said of federal law and the regulatory state.

Election 2024: Trump fires vitriolic post at 'Comrade Kamala' as Dems in Florida 'slam' him on Obamacare

The Teamsters, he added, have often worked with pro-labor Republicans and have endorsed them.

"But Mr. Trump is not one of them," Zivalich said.

He said the three state councils will now inform the rank-and-file via social media, text communications and numerous other outlets. Activists and union stewards in the Teamsters locals will also make the case for Harris-Walz as they visit members to make sure they are registered to vote and explain that "the Teamsters did their due diligence on the record of the candidates and offer them what our endorsements are," he said.

"Certainly our members are going to vote the way that they feel and that is deeply, deeply respected," Zivalich said. "But we felt that we needed to definitely show them that their leadership believes that the Harris-Walz ticket is the right ticket for organized labor and for them to consider that."

Teamsters members in Florida, Georgia and southeast Alabama work predominantly in package and freight delivery, as well as airlines, public sectors, the brewery industry and food-service transportation, he said.

Pa Teamsters counters national leadership, endorses Kamala Harris.

Damon C. Williams, 

Erie Times News

USA TODAY NETWORK
Mon, September 23, 2024 

Just days after the International Brotherhood of Teamsters declined to endorse Kamala Harris or Donald Trump for president, the Pennsylvania Conference of Teamsters bucked its national leadership and officially endorsed the Democratic nominee and current vice president.

Here's why Pennsylvania's Teamsters are backing Kamala Harris and what it could mean for Pennsylvania.
Why is the Pennsylvania Teamsters endorsing Kamala Harris?

The Leadership of the 95,000-member Pennsylvania Conference of Teamsters cited Kamala Harris and vice presidential nominee and Minnesota Gov. Tim Walz' support for unions, fair wages and improved working conditions

.

Vice President Kamala Harris campaigns for president at the Congressional Hispanic Caucus Institute's leadership conference on Sept. 18, 2024, in Washington, D.C.

"The PA Conference of Teamsters is committed to vetting candidates and choosing those that are best suited to protect our members' wages, their rights and their collective bargaining agreements," said PA Conference of Teamsters President William Hamilton in a press release announcing the endorsement. "In the 45 years the PA Conference of Teamsters has been in existence, it is extremely rare to have a pro-labor candidate for President and a pro-labor candidate for Vice President running together.

"Kamala Harris and Tim Walz are exactly that team."
Will the PA Teamsters' endorsement matter in battleground Pennsylvania?

In the announcement, PA Conference of Teamsters President William Hamilton indicated that his membership will work to tilt battleground Pennsylvania toward the Harris/Walz ticket.

"Their track record on labor speaks volumes," Hamilton said, "and that is why we are proud to not only endorse but support and work for the Harris Walz campaign in Pennsylvania.”
Why didn't the Teamsters endorse neither Kamala Harris nor Donald Trump?

Afters years of officially endorsing presidential candidates, the International Brotherhood of Teamsters union's leadership decided to not endorse either presidential candidate Kamala Harris or Donald Trump.

Teamsters union leadership said they simply couldn't reach a consensus on either presidential candidate, and noted that neither have spoken directly to the needs of union membership.

Damon C. Williams is a Philadelphia-based journalist reporting on trending topics across the Mid-Atlantic Region.

This article originally appeared on Erie Times-News: Pa Teamsters endorses Kamala Harris despite national union stance

\

Vice President Harris Rallies in Madison; Crowd Chants ‘We’re Not Going Back’
Levi Rickert

Mon, September 23, 2024 

Vice President Harris campaigns in Madison, Wisc. (Photo/Marlon WhiteEagle)

Native Vote 2024. Vice President and Democratic presidential candidate Kamala Harris made her fourth trip to Wisconsin, a key battleground state in the 2024 U.S. presidential election, on Friday, Sep. 20.

The Madison rally was held at the Alliant Energy Center, and according to Harris campaign officials, “with over 10,500 attendees.”

The capacity crowd heard from Wisconsin Democratic chair Ben Wikler, Madison Mayor Satya Rhodes-Conway, Congressman Mark Pocan, Senator Tammy Baldwin, and Governor Tony Evers.

In between speakers, the DJ played music that kept the crowd excited, some danced to pass the time. Attendees were given multi-colored lighted wristbands that lit up the arena. The combination of music and lights gave the rally a party atmosphere.

Before Harris took the stage, she was endorsed by Teamsters Joint Council 39 and introduced by their president, Bill Carroll. Early in the week, the Teamsters made news electing not to endorse either candidate for U.S. president. However, local Teamster councils that collectively number over one million have endorsed the Harris-Walz ticket.

Vice President Harris thanked Madison’s mayor for taking her to visit her childhood home during a recent trip to Madison. Harris lived in Madison when she was 5 years old, and her parents worked at UW-Madison.

Harris spoke to her supporters about her debate performance against her opponent, former President Donald Trump. She said, “it was fun.”

Harris said she talked to Americans about her plan to lower the cost of groceries and drugs, supporting small businesses, and protecting reproductive freedoms, while Trump uses his “old, tired playbook.”

“He has no plan of how he would address the needs of the American people,” Harris said. “It’s time to turn the page. America is ready to chart a new way forward. We are tired of all the division and hate what they are pushing.”

Harris emphasized the support her campaign receives from Democrats, Republicans, and Independents as she makes her case to win the White House.

The vice president tours her “opportunity economy” plan that would help Americans own a home, build wealth, and start a business if she is elected to office.

Her goal is to build 3 million new homes by the end of her first term as president. She has plans to support new homebuyers with $25,000 in down payment assistance, take on corporate price gouging, and increase child tax credits.

She said Trump plans to cut Social Security, increase foreign tariffs, and end the Affordable Care Act (ACA).

“Trump’s tariffs would cost American families $4,000 per year,” Harris said. “He has a concept of a plan,” to replace the ACA.

Harris reminded supporters of when health insurance companies could deny healthcare coverage to Americans with preexisting conditions, which ended with the passage of the ACA.

“We are not going back,” Harris said.

With early voting starting in a handful of states last week, Harris asked her supporters to go out to “energize, organize, and mobilize” Wisconsin voters.

“The election is already here,” she said. “Remind everyone: your vote is your voice. And your voice is your power. Never let anyone take your power from you.”

Since the Madison rally, Harris has challenged Trump to a CNN debate on October 23, which would be the second presidential debate between Harris and Trump. Trump has yet to agree to participate in the debate.

About the Author: "Levi \"Calm Before the Storm\" Rickert (Prairie Band Potawatomi Nation) is the founder, publisher and editor of Native News Online. Rickert was awarded Best Column 2021 Native Media Award for the print\/online category by the Native American Journalists Association. He serves on the advisory board of the Multicultural Media Correspondents Association. He can be reached at levi@nativenewsonline.net."

Contact: levi@nativenewsonline.net

White House details plan to safeguard US auto sector, avoid second 'China shock'

David Shepardson and Ben Klayman
Updated Mon, September 23, 2024 

National Economic Council Director Lael Brainard speaks at a press briefing

WASHINGTON/DETROIT (Reuters) -Top White House economic adviser Lael Brainard laid out on Monday the Biden administration's broad approach to safeguarding the U.S. auto sector from what it considers China's unfair trade actions.

"China is flooding global markets with a wave of auto exports on the back of their own overcapacity. We saw a similar playbook in the China shock of the early 2000s that harmed our manufacturing communities, and this administration is determined we will not see a second China shock," Brainard said to the Detroit Economic Club.


"That means putting safeguards in place now before a flood of unfairly, underpriced autos undercuts the ability of the U.S. auto sector to compete fairly on a global stage," she added at the Detroit event.

Relatively few Chinese-made cars and trucks are imported into the United States.

The U.S. Commerce Department on Monday proposed prohibiting key Chinese software and hardware in connected vehicles on American roads due to national security concerns, a move that would effectively bar nearly all Chinese cars from entering the U.S. market.

"Americans should drive whatever car they choose – whether gas powered, hybrid, or electric," Brainard said. "But, if they choose to drive an EV, we want to make sure it was made in America, and not in China."

Brainard's appearance comes as the fate of the auto industry and pressure from China has become a major theme in the 2024 presidential election with the Republican nominee Donald Trump suggesting China could dominate future auto production.

Earlier this month, the Biden administration locked in steep tariff hikes on Chinese imports, including a 100% duty on electric vehicles, to boost protections for strategic industries from China's state-driven industrial practices.

The White House aims to ensure that Chinese automakers cannot set up factories in Mexico to get around high tariffs.

"We're going to need to work our partners Canada and Mexico, to address China's overcapacity in the EVs as we look to the mid-term review of the USMCA in 2026," Brainard said of the U.S.-Mexico-Canada trade agreement.

She said U.S. officials are already in talks with Mexico officials and they share U.S. concerns about China using Mexico as a platform to ship into the U.S. at artificially low prices, she said.

Asked about the possibility of a Chinese automaker building plants in the U.S., Brainard said it would happen "with a set of safeguards that we are putting in place now before we confront these problems."

In response to a question referring to comments about Trump saying he was against the administration's "EV mandate," Brainard called that idea "complete nonsense." She said the U.S. needs to invest in EVs or Americans will have less choice.

(Reporting by David Shepardson in Washington and Ben Klayman in Detroit; Editing by Emelia Sithole-Matarise and Marguerita Choy)

2 men plead guilty to providing fentanyl-laced heroin that killed prominent NYC transgender activist

Associated Press
Mon, September 23, 2024 

FILE - Transgender activist Cecilia Gentili poses for a photo at the offices of the Oxford University Press in New York on April 24, 2014.(AP Photo/Bebeto Matthews, File)


NEW YORK (AP) — Two men have pleaded guilty to providing the fentanyl-laced heroin that killed prominent New York City transgender activist Cecilia Gentili earlier this year, federal prosecutors said Monday.

Michael Kuilan, 44, pleaded guilty to a charge that he distributed and possessed with intent to distribute heroin and fentanyl in Brooklyn federal court on Monday, according to U.S. Attorney for the Eastern District of New York Breon Peace's office. Antonio Venti, 52, entered a guilty plea to the same charge in July.

As part of their plea deals, prosecutors said the men admitted they caused Gentili's death. They said text messages, cell site data, and other evidence showed that Kuilan, a Brooklyn resident, had supplied Venti, a Long Island resident, with drugs that he then sold to Gentili.

Law enforcement officials searching Kuilan’s home also found hundreds of small bags of fentanyl, a handgun and ammunition.

“While these guilty pleas can’t undo the tragic loss of transgender rights activist Cecelia Gentili, it sends a message that we will do everything we can to make sure those responsible for drug related deaths face the consequences for their actions, and the families of those who lost their lives receive justice,” Frank Tarentino, special agent in charge of the federal Drug Enforcement Administration's New York office.

Gentili was a former sex worker who became a leading advocate for other transgender people, as well as sex workers and people with HIV. She also acted in the FX television series “Pose,” about the underground ballroom dance scene in the 1980s and 1990s.

Her well-attended funeral at St. Patrick’s Cathedral in Manhattan drew outrage from some in the Catholic community, including from the venerable church’s own pastor.

Gentili was found dead in her bedroom on Feb. 6, the day after purchasing drugs from Venti. Prosecutors say the 52-year-old Brooklyn resident’s death was due to the combined effect of fentanyl, heroin, xylazine and cocaine.

Kuilan is expected to be sentenced in January, and Venti will be sentenced next month. Lawyers for the two men didn't immediately respond to emails seeking comment Monday.

___

This story has been corrected to show Kuilan will be sentenced in January, not next month.

 Researchers develop robot dog to combat highly invasive species wreaking havoc across the globe: 'A serious threat'

Tina Deines
Mon, September 23, 2024



A new robot dog developed by scientists is sniffing out invasive fire ants using artificial intelligence, according to a writeup by the Society of Chemical Industry in TechXplore.

The research team, spread across Brazil and China, trained the cyberpup to identify red imported fire ants, which are wreaking havoc in environments across the globe. The robot dogs are pretty good at their job, too. According to researchers, they identify three times more nests with greater precision compared to human inspectors.

The red imported fire ant is native to central South America, but it has established itself in the United States and Australia, and it has been reported in other parts of the world, like Malaysia, Hong Kong, and Trinidad and Tobago, per the University of Florida.

As invasive organisms, they have caused extensive environmental and economic damage, according to the Tech Xplore post. In the U.S. alone, the species is responsible for an estimated $6 billion in economic losses annually through impacts like reduced crop yields and damage to farm equipment, as reported in an article in the journal Ecosphere.

Red imported fire ants also expand their range rapidly, displacing local flora and fauna, as Eduardo Fox — one of the robot dog scientists — explained in TechXplore. For instance, in China, they have been a problem since at least 2003, decreasing the abundance of native ant species.

However, the new ant-identifying robots can help to more effectively scout for nests so that the trouble-making ants can be eradicated, thereby reducing their impacts on people and the environment.
Watch now: Alex Honnold shares clever productivity hack to maximize productivity, contentment

This is one of many attempts by scientists to control troublesome invasive species. For instance, an aggressive "stomp them" stance by state governments regarding spotted lanternflies seems to be yielding successful results in eradicating the pests, according to one study.

Animals and bugs aren't the only type of invasives, though. Plants can also outcompete native greenery for moisture, sunlight, nutrients, and space, according to the U.S. Forest Service. Park officials and volunteers in California are fighting back against an invasive succulent known as the ice plant by scouring the coast and picking it on sight.

You, too, can make a difference when it comes to invasive plants by rewilding your yard with native species. This is not just better for the environment, but it can also help save you money and time on maintenance, lowering your monthly water bills, all while creating a healthier ecosystem for pollinators, which support our food supply.

As for the robo-dogs, corresponding author Zheng Yan said in TechXplore that the new technology also has potential to help support education surrounding the issue.

"Fire ants pose a serious threat in China, yet most people remain unaware of the dangers of invasive fire ant nests in public areas," he said. "Therefore, sightings of robots tracking fire ant nests are likely to captivate the public and raise awareness about the presence of fire ants."

Join our free newsletter for weekly updates on the latest innovations improving our lives and shaping our future, and don't miss this cool list of easy ways to help yourself while helping the planet.

History of K9 - History of Doctor Who

A new study unpacks the last 485 million years of Earth's temperature history

Matthew Rozsa

SALON
Tue, September 24, 2024 

Earth from Space Getty Images/fotograzia


Climate change deniers inaccurately claim that Earth's rapidly rising temperatures are the mere product of natural cycles. Scientific experts have long explained that, although Earth does experience natural cycles, they do not explain how the average carbon dioxide level in the atmosphere is 419 parts per million, as opposed to the preindustrial level of 280 parts per million.

Now a study in the journal “Science” provides illuminating new context about the history of Earth's temperatures — and illustrates precisely how the current spike is the result of humanity's overuse of fossil fuels.

"As a scientist, I’m always cautious of the word 'prove,' but our work demonstrates the important role that atmospheric carbon dioxide (CO2) concentrations play in controlling Earth’s temperature," Emily Joan Judd, the lead study author and paleontologist at the Smithsonian National Museum of Natural History, said to Salon.


"We know that today – and in the recent past – CO2 and temperature are directly linked; however, over really long-time scales – like hundreds of millions of years – other influences, such as the fact that the sun is getting progressively brighter, also play a role in modulating climate,” Judd continued.

While climate change deniers seize on external variables like these to cast doubt on humanity’s culpability in the current crisis, they ignore the broader context about our planet’s history.”

"We find a strong relationship between CO2 concentrations and average global temperatures across nearly the whole 485-million-year long record," Judd said. "This was surprising because it suggests that other factors, such as changes in Earth’s albedo (i.e., how reflective it is) or other greenhouse gas (e.g., methane) may have helped balance the impact of the increasing brightness of the sun and implies that atmospheric CO2 concentrations play an even bigger role in regulating Earth’s climate than previously thought."

Dr. Michael E. Mann — a climatologist at the University of Pennsylvania who was not involved in the study but discussed these topics in depth in his 2023 book "Our Fragile Moment” — described the new paper as "a solid study" that “makes a compelling case” for something he’s been saying for some time, “namely that we shouldn’t rule out possible ‘hothouse feedbacks’ that might lead to greater warming that many climate models predict under a scenario of climate policy inaction.”

He continued: “That having been said, I’ve also warned that the paleoclimate record also suggests that climate models might not be capturing very well certain feedbacks [e.g. related to the 'El Nino' phenomenon] that could actually lessen the warming somewhat."

For example, in Mann's 2021 article for the journal PNAS, he showed evidence that anthropogenic warming may cause a La Niña-like response.

“Given that, the model assimilation approach used by the authors could bias their results toward overly warm responses to past increases in greenhouse gas concentrations,” Mann said, adding he discussed such potential data assimilation approaches in this 2021 Science article.

Want more health and science stories in your inbox? Subscribe to Salon's weekly newsletter Lab Notes.

While Mann remains a bit skeptical about the numbers, he said that it is certainly true that higher earth system sensitivity (ESS) is relevant to the current climate policy debate “because continued fossil fuel building will elevate global temperatures for many centuries or even millennia, wherein the slower feedbacks that contribute to ESS become more important."

Perhaps more importantly, the study demonstrates that the world has consistently been hotter when carbon dioxide levels in the atmosphere have been higher. As such, it further confirms the peril facing humanity as fossil fuel emissions continue to raise carbon dioxide levels in the atmosphere.

"These glimpses into ancient warmer worlds provide clues about what may be to come as anthropogenic emissions actively warm our planet today and into the future," Judd said. "Our work also demonstrates a strong correlation between global temperature at CO2 concentrations across the Phanerozoic, highlighting the important role of this greenhouse gas in controlling Earth’s temperature."

The Earth today is like an icehouse, with ice sheets at both poles and comparatively lower carbon dioxide concentrations, but this has been rare rather than commonplace through the planet's history.

"This finding, in and of itself, isn’t really new — I suspect any Earth scientist who has ever taught an introductory Earth History class could tell you this — we’re just one of the first to quantify, or put numbers to it," Judd said. "It is concerning knowing that climate deniers and climate skeptics and climate delayers will inevitably point to this and say, 'See! We have nothing to worry about.' I want to stress that line of thinking is reductive, misinformed and neglects the most important aspect of the current climate crisis, which is rate: How fast CO2 and temperature change."

However, because humans are pumping greenhouse gasses into the air at such a rapid rate, it is unlikely that most species will have enough time to adapt to the warmer temperatures.

"What is happening today is particularly problematic because, just like humans, the organisms that we share our planet with are adapted [to] the cold," Judd said. "They are not equipped to handle warmer conditions and the rate of change is too fast for evolution to keep pace."

Similarly, humans evolved to thrive in colder societies, which is why they often establish their populations close to water sources and near sea level.

"As we observe the Earth warming at a rapid pace within human time scales, we are faced with challenges such as more frequent and intense storms, more frequent and intense droughts and floods, rising sea levels, and, ultimately, a reduction in habitable and arable land," Judd said. "Earth's resilience does not directly translate to our own ability to adapt and thrive in the face of human-caused climate change."

JOHN BIRCH REDUX

Argentina's Milei criticizes 'Leviathan' UN, pledges 'agenda of freedom'

Nicolás Misculin
Tue, September 24, 2024 

World leaders take part in the 79th annual U.N. General Assembly high-level debate


By Nicolás Misculin

UNITED NATIONS (Reuters) - Argentina's brash libertarian President Javier Milei, speaking at the United Nations General Assembly, criticized the organization as a "Leviathan" monster, rejected its 'Pact for the Future' and pledged instead an "agenda of freedom."

In a fiery speech where he also said the UN had become "powerless" in its key role to help prevent conflicts, Milei attacked the body's future pact adopted on Sunday calling it "socialist" and said the UN's remit had become "distorted".


"It has become a multi-tentacled Leviathan that seeks to decide what each nation state should do and how the citizens of the world should live," the right-wing economist and former pundit said, a reference to the giant mythological sea serpent.

"The same always happens with the ideas of the left. They design a model according to what human beings should do, and when things turn out differently, they repress, restrict and curtail their freedom."

Milei, who clashes regularly with political opponents, is battling to restore economic stability in Argentina after years of crises, with tough austerity measures that are helping to turn around a deep fiscal deficit, but aggravating a recession.

Before he decided to run for president, the former TV "shock jock" commentator even attacked Pope Francis, calling him a "son-of-a-bitch preaching communism". The two, however, have sought to mend ties since Milei took office in December.

(Reporting by Nicolas Misculin and Lucila Sigal in Buenos Aires; Writing by Adam Jourdan)

AMERIKA

Judge lets over 8,000 Catholic employers deny worker protections for abortion and fertility care

JACK DURA and STEVE KARNOWSKI
Tue, September 24, 2024 

FILE - The William L. Guy Federal Building is seen in Bismarck, N.D., April 2, 2024. (AP Photo/Jack Dura, File)


BISMARCK, N.D. (AP) — A federal judge is allowing more than 8,000 Catholic employers nationwide to reject government regulations that protect workers seeking abortions and fertility care.

In a sharply worded order, U.S. District Judge Daniel Traynor, of Bismarck, North Dakota, granted a preliminary injunction Monday, ruling that the Catholic Benefits Association and the Diocese of Bismarck were likely to succeed in proving that a final rule adopted by the Equal Employment Opportunity Commission in April violated their freedom of religion. The regulations are meant to enforce the federal Pregnant Workers Fairness Act.

The judge also barred the EEOC from forcing the diocese and association to comply with harassment regulations meant to safeguard workers, writing "in a manner that would require them to speak or communicate in favor of abortion, fertility treatments, or gender transition when such is contrary to the Catholic faith.” The ruling targeted transgender employees who would be restricted from expressing parts of their gender identities.

“It is a precarious time for people of religious faith in America. It has been described as a post-Christian age,” Traynor wrote. “One indication of this dire assessment may be the repeated illegal and unconstitutional administrative actions against one of the founding principles of our country, the free exercise of religion.”

The Pregnant Workers Fairness Act passed with widespread bipartisan support in December 2022. It was widely considered a victory for women who are low-wage workers and have routinely been denied accommodations for everything from time off for medical appointments to the ability to sit or stand on the job. But controversy ensued when the EEOC adopted an expansive view of conditions related to pregnancy and childbirth that required accommodations, including for abortion, fertility treatment and birth control. While the rule includes an exemption for religious employers, it says determinations must be made on a case-by-case basis.

But the judge, who was appointed in 2020 by former President Donald Trump, said the rule “forces members to choose between expressing sincerely held beliefs and compliance," and would cause “irreparable” harm.

Martin Nussbaum, lead attorney for the association, on Tuesday called the judge's ruling a win that “respects the religious conscience of sincere Catholic employers.”

The Department of Justice declined to comment.

Attorneys for the federal government had argued against an injunction, saying the plaintiffs’ case was “highly speculative” because they hadn’t identified any enforcement actions or employees who had sought accommodations that were denied. They also said the plaintiffs lacked legal standing to challenge the regulations, and can't show they will likely succeed in the lawsuit. The judge rejected those arguments, saying “It should not take a legal challenge for the Agency to stop violating the Constitutional rights of Americans.”

In vitro fertilization became a major political flashpoint earlier this year, when the Alabama Supreme Court issued an opinion in a wrongful death case equating frozen embryos with children. Major IVF providers paused operations in the state until the Republican-controlled state government adopted a law offering some legal protections.

Last month, Trump said that if he wins a second term, he would make IVF treatment free, but did not detail how he would fund his plan or precisely how it would work. This month, Republicans blocked legislation to establish a nationwide right to IVF, fueling criticism from Democratic presidential nominee Vice President Kamala Harris.

“This particular case is part of this much broader attack on women’s rights and reproductive freedom,” said Inimai Chettiar, president of legal advocacy group A Better Balance, which spearheaded a decades-long campaign for the Pregnant Workers Fairness Act. Neither the act nor the EEOC regulations require employers to pay for either abortions or IVF — just to allow workers to take time off for them, she said. “It’s not creating this onerous requirement on them.”

The Diocese of Bismarck and the Catholic Benefits Association filed the lawsuit in July. The association, which provides health and other benefits via Catholic employers, counts 85 dioceses and archdioceses among its members, which total over 1,380 employers plus 7,100 parishes nationwide, according to the complaint. Those members also include religious orders, schools, charities, colleges and hospitals, along with Catholic-owned businesses. The association says it covers 162,000 employees enrolled in member health plans.

Traynor has strong affiliations with Catholic and conservative groups. He was a board member of the North Dakota Catholic Conference, which represents the state’s Catholic bishops, according to a Senate Judiciary Committee judicial nominee questionnaire. He also listed his membership in two conservative law groups, the Federalist Society for Law and Public Policy Studies and the St. Thomas More Society of North Dakota. In March, he blocked the government from enforcing key federal laws and related regulations to require a Christian employers' organization to provide insurance coverage for gender-transition surgeries, counseling and other care.

Monday's decision followed a ruling in July by a federal judge in Louisiana, who granted a preliminary injunction in two similar lawsuits brought by the Louisiana and Mississippi attorneys general, and the U.S. Conference of Catholic Bishops, Catholic University and two dioceses. The cases differ because the North Dakota lawsuit also explicitly challenged protections for fertility treatments, not just abortion, said Leila Abolfazli, director of national abortion strategy for the National Women’s Law Center.

In practice, Abolfazli said, if a worker is denied time off for fertility care, “that could be the difference between becoming pregnant or not.” While the ruling only applies to the Catholic groups, she explained that it’s one of several lawsuits that threaten to “bit by bit undermine the law overall.”

Sharita Gruberg, vice president for economic justice at the National Partnership for Women and Families, said she's worried about a “broader chilling effect” from this ruling and other decisions that could inhibit pregnant workers from feeling empowered to exercise their rights under the act.

“Religion is not a license to discriminate,” said Gillian Thomas, senior staff attorney for the ACLU Women’s Rights Project. She said the ruling “marks a dangerous new low in the weaponization of religion against civil rights."

___

Associated Press writer Steve Karnowski reported from Minneapolis. Also contributing to this story were AP writers Alexandra Olson in New York, Claire Savage in Chicago and Geoff Mulvihill in Cherry Hill, New Jersey. The Associated Press’ women in the workforce and state government coverage receives financial support from Pivotal Ventures. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.