In a case closely watched around the nation and, especially, in California, the U.S 9th Circuit Court of Appeals is expected to make a fast ruling on Trump's immigration ban.
Sacramento Bee's SAM STANTON/ANDY FURILLO: "A top Justice Department lawyer argued strongly Tuesday that President Donald Trump’s executive order limiting travel temporarily from seven foreign nations was “plainly constitutional” and in the country’s national security interest, but an attorney for the state of Washington urged a panel of federal judges to view the order as a violation of the establishment clause, which prevents favoring one religion over another, and is plainly aimed at limiting Muslims from entering the United States."
"In an hourlong session before three judges from the 9th U.S. Circuit Court of Appeals, the two lawyers debated fiercely over whether the president had the authority to issue the order and how the appeals court should respond to a lower-court order last week that placed the travel ban on hold."
"This judgment was well within the president’s power as delegated to him by Congress, and it is constitutional,” August E. Flentje, special counsel to the U.S. attorney general, argued as he asked the panel to overturn part or all of the temporary restraining order issued last week."
READ MORE related to Muslim Moratorium 2017: Court hints at keeping Trump order on hold -- The Chronicle's BOB EGELKO; Federal judges express skepticism about arguments on Trump's travel ban -- The Union-Tribune; After pointed questions, fate of travel ban rests with appeals court -- WaPo's MATT ZAPOTOSKY/ROBERT BARNES
The City of Vista just missed out on an opportunity to allow medical marijuana dispensaries into the city due to a paperwork snafu.
The Union-Tribune's TERI FIGUEROA: "A bid to let Vista voters decide whether to allow medical marijuana dispensaries in the city hit the skids Tuesday, thanks to a technical error on the paperwork."
"The group backing the initiative turned in petitions with the signatures of nearly 7,000 registered Vista voters — well more than the number needed to force the matter onto the ballot."
"But some of the pages of the petition itself had a technical flaw, in that some did not include the title of the ballot measure — which is required by state election law."
A small showdown occured over an arcane Senate Rule (XIX) when Elizabeth Warren tried to impugn Jeff Sessions with old testimony from Coretta Scott King.
Sacramento Bee's BRIAN MURPHY: "Sen. Elizabeth Warren was not allowed to finish her debate in opposition to Sen. Jeff Sessions’ nomination for attorney general after the Senate voted that she had violated Senate Rule XIX on Tuesday night."
"The rule says, among other things, “no Senator in debate shall, directly or indirectly, by any form of words impute another Senator or other Senators any conduct or motive unworthy or unbecoming a Senator.” The rule was enacted after a 1902 fistfight on the Senate floor."
"Sessions, a Republican from Alabama, is still a sitting senator."
READ MORE related to Beltway: The fistfight that paved the way for Rule 19 (Senate Rule XIX) -- WaPo's DEREK HAWKINS; Read Coretta Scott King's letter opposing Sessions' 1986 nomination -- The Chronicle; Warren violates arcane rule, sparking Senate dustup -- AP; Department of Defense looks to rent space in Trump Tower -- WaPo's DREW HARWELL; Kellyanne conway, in return to CNN, plays a shell game -- WaPo's AARON BLAKE; Trump's rhetoric on Russia throws the U.S. under the bus -- National Review's JONAH GOLDBERG; Trump has brought European-style Nationalism to the U.S. -- National Review's BEN SHAPIRO; House Republicans just voted to eliminate the only federal agency that makes sure voting machines can't be hacked -- The Nation's ARI BERMAN; West Coast politicians are fighting back against Donald Trump -- The Nation's SASHA ABRAMSKY
The California Coastal Commission has objected to a $13M replacement for Anthony's Fish Grotto which closed after 71 years of operation on the San Diego Bay.
The Union-Tribune's ROGER SHOWLEY: "The $13 million replacement for Anthony’s Fish Grotto, which closed last week after 71 years on San Diego Bay, ran into objections from the California Coastal Commission on Tuesday that could delay the project for months if not years."
"The commission staff declared a 10-day appeal period, ending Feb. 21, to last year’s approval by the San Diego Unified Port District of Portside Pier, a three-restaurant project by Brigantine Restaurants. Staff said issues include public access, architectural design and additional coverage over the water."
"The coastal staff also is sparring with the port district over jurisdiction. The port says the commission has no right to review restaurants and the coastal staff says it does."
Eric Holder's law firm is on a $25k/mo contract to assist California against Trump team's legal provocations.
Sacramento Bee's TARYN LUNA: "California Democratic legislative leaders paraded former U.S. Attorney General Eric Holder through the Capitol Tuesday on his first visit since his firm signed a $25,000-a-month contract to assist state lawmakers with legal challenges against the Trump administration."
"Flanked by Senate Pro Tem Kevin de León and Assembly Speaker Anthony Rendon, Holder had little to say about his new role."
"I’m here just to assist these gentlemen and the people who they serve with in trying to protect the interests of the people of California,” Holder said."
A major San Francisco Shipyard project will face delays after a contractor faked the results of soil tests.
The Chronicle's J.K. Dineen: "The transfer of some parcels at San Francisco Shipyard to the city for development will be delayed by at least a year after employees of a contractor cleaning up the property admitted faking soil tests, a Navy spokesman confirms."
"Derek Robinson, the environmental coordinator for the U.S. Navy’s Base Realignment and Closure program at Hunters Point, said a group of six consultants is reviewing all the soil testing on the the former naval shipyard, which closed in 1994. It is being developed by FivePoint Communities into a sprawling mixed-use neighborhood with more than 12,000 housing units, hundreds of acres of parkland and millions of square feet of office space."
"“We want to resolve these issues as soon as possible and transfer the property to the city as soon as possible,” said Robinson, who is an employee of the Navy."
CalPERS is looking to benefit from #DAPL by keeping investments in the portfolio.
Sacramento Bee's ADAM ASHTON: "CalPERS wants to hold on to its stake in companies that may be doing business with the controversial Dakota Access oil pipeline despite a proposal from an assemblyman that would compel the retirement fund to divest from the project."
"The California Public Employee Retirement System next week is scheduled to consider a bill from Democratic Assemblyman Ash Kalra of San Jose that calls on the system to cut its ties with any company funding or constructing the 1,100-mile pipeline."
"That language could force CalPERS to break with major banks, such as Wells Fargo and J.P. Morgan Chase. The agency is urging its board of directors to oppose Kalra’s bill, arguing that divesting would diminish CalPERS’ influence over the project and jeopardize up to $4 billion in assets."
READ MORE related to Economy: Political risks weigh on global markets ahead of oil data -- AP
California Treasurer John Chiang is a 2018 Democratic gubernatorial candidate who has just opened a ballot measure committee for the 2018 statewide election.
Sacramento Bee's CHRISTOPHER CADELAGO: "California Treasurer John Chiang, a Democratic candidate for governor, has opened a ballot measure committee for the 2018 statewide election, suggesting he plans to tether his campaign to a long-planned yet unspecified initiative on affordable housing."
"Details of the housing measure are murky, yet a Chiang spokeswoman said Tuesday that plans were moving forward on a 2018 proposal."
"Creating more affordable housing, particularly in major, vote-rich cities like Los Angeles, San Francisco and San Diego, has been a recurring struggle that has vexed lawmakers and advocates in Sacramento."
Water, water everywhere.
Sacramento Bee's CATHY LOCKE/BILL LINDELOF: "A flood warning is in effect for much of Northern California until early Saturday, with rivers and streams on the rise, according to the National Weather Service."
"Although rain in the Sacramento area had tapered off by Tuesday afternoon, a flood warning continued for the Cosumnes River at Michigan Bar into the afternoon and evening."
"A lot of places on the upper Sacramento River Basin are near or above flood stage,” said Hannah Chandler, a meteorologist with the National Weather Service. “Those are looking to peak Wednesday and then drop below flood stage, but then there is another storm coming."
READ MORE related to Environment: Oroville Dam releases are halted after huge hole is found in spillway -- Sacramento Bee's DALE KASLER/RYAN SABALOW; Spillway crumbles as California reservoirs max out capacity -- The Chronicle's KURTIS ALEXANDER; Heavy rain, intense winds cause mayhem in Bay Area -- The Chronicle's SARAH RAVANI/PETER FIMRITE/EVAN SERNOFFSKY
The teacher shortage is worsening and underprepared teachers are being placed into work early, a report finds.
EdSource's FERMIN LEAL: "The number of underprepared teachers working in California’s public school classrooms has more than doubled in just three years, a key indicator that the teacher shortage continues to worsen, according to a new report from the Learning Policy Institute."
"For the 2015-16 school year, California issued 10,200 intern credentials, permits and waivers. These candidates had not yet completed, or sometimes even started, teaching preparation programs, according to the report, “Addressing California’s Growing Teacher Shortage: 2017 Update."
"In recent years, the state issued an increasing number of these temporary credentials from fewer than 5,000 in 2012-13, to just over 6,000 in 2013-14 and more than 7,600 in 2014-15."
READ MORE related to Education: In tie-breaking vote, Senate confirms Betsy DeVos as education secretary -- EdSource's LOUIS FREEDBERG/JOHN FENSTERWALD
Trump's Health and Human Services secretary nominee Tom Price has come under scrutiny for his seemingly shady stock trading record.
California Healthline's MARISA TAYLOR/CHRISTINA JEWETT: "Health and Human Services secretary nominee Tom Price showed little restraint in his personal stock trading during the three years that federal investigators were bearing down on a key House committee on which the Republican congressman served, a review of his financial disclosures shows."
"Price made dozens of health industry stock trades during a three-year investigation by the Securities and Exchange Commission that focused on the Ways and Means Committee, according to financial disclosure records he filed with the House of Representatives. The investigation was considered the first test of a law passed to ban members of Congress and their staffs from trading stock based on insider information."
"Price was never a target of the federal investigation, which scrutinized a top Ways and Means staffer, and no charges were brought. But ethics experts say Price’s personal trading, even during the thick of federal pressure on his committee, shows he was unconcerned about financial investments that could create an appearance of impropriety."
READ MORE related to Health: With a high deductible, even a doctor can short change his health -- California Healthline's DAN GORENSTEIN; 'Tom obeyed the law': GOP shrugs at Price's stock trades in bid to confirm Trump picks -- Bloomberg's ANNA EDNEY; GOP boxed in replacing unpopular Obamacare coverage mandate -- Politico's PAUL DEMKO
A violent sexual offendor is having a hard time relocating.
Sacramento Bee's BRAD BRANAN: "A Santa Clara Superior Court judge on Tuesday rejected the state’s plan to locate a sexually violent predator near Lincoln after Placer County officials and residents argued the placement would pose a danger to children in the area."
"After hearing testimony for several hours Tuesday, Judge Michele McKay McCoy decided that Dariel Shazier cannot live in a home on Kilaga Springs Road. Nearly two dozen Placer residents, as well as a host of county and city officials, appeared at the hearing about 150 miles from where Shazier would have been placed."
"Shazier, 50, has no apparent ties to Placer County, and the state has faced difficulty in finding suitable locations for sexually violent predators because of community concerns and laws restricting where sex offenders can live. The case was being heard in Santa Clara County because that’s where he last resided."
READ MORE related to Public Safety: Oakland fire chief, criticized after Ghost Ship blaze, goes on leave -- The Chronicle's MATIER & ROSS; Richmond police officer tied to sex scandal to stay on force -- The Chronicle's MICHAEL BODLEY; Contra Costa sheriff's tie to ICE riles immigrants' advocates -- The Chronicle's OTIS R. TAYLOR JR.
A pioneering female pilot, Doris Lockness, has passed away at the age of 106.
Sacramento Bee's CYNTHIA HUBERT: "Doris Lockness, a pioneering aviatrix and one of the nation’s most honored female pilots, has died at age 106 in Folsom."
"Lockness’ aviation career spanned six decades, and included a stint with the Women Airforce Service Pilots during World War II, when she became one of the first women to fly United States military aircraft. She was the 55th woman in the world to earn a commercial helicopter rating, and also obtained licenses to fly seaplanes, gyroplanes, hot-air balloons and gliders."
"She collected numerous honors during her flying years, and was a member of the Women in Aviation Pioneers Hall of Fame and the Smithsonian Institute of Aviation. She is listed as one of the 100 most influential women in aviation by Women in Aviation International, a group that supports women in the aviation industry."
READ MORE related to Transportation: Highway 120 closed in Yosemite after rock slide -- The Chronicle's MICHAEL BODLEY; San Diego cracking down on drones with new regulations -- The Union-Tribune's DAVID GARRICK
The Boy Scouts have welcomed their first transgender member into their ranks.
AP: "A New Jersey boy has become the first openly transgender member of the Boy Scouts."
"The Record reports (http://bit.ly/2lqlgPh ) 9-year-old Joe Maldonado put on a Cub Scout uniform and joined Pack 20 in Essex County on Tuesday following a decision by Boy Scouts of America to allow transgender scouts. Maldonado, who was born a girl, was banned from a Cub Scout group in Secaucus."
"He said it was fun and he was proud because he was accepted."
Meanwhile, Capitol Weekly sits down with legislative historian Alex Vassar for this week's podcast.
