Far-right Republicans are coming for centrist U.S. Rep. Tony Gonzales’ seat in the GOP primary
Gonzales is running for the first time since the Texas GOP censured him for breaking with the party over his positions on gun control and border security.
Biden-appointed judge delivers blow to climate lawsuit targeting gas stoves
A federal judge has largely tossed a class-action lawsuit filed by a California resident who alleged that a major appliance manufacturer committed fraud by characterizing his gas-powered stovetop as safe despite its emissions. Judge Araceli Martínez-Olguín of the U.S. District Court for the Northern District of California — who was nominated by President Biden and received Senate confirmation last year — last week dismissed with prejudice the majority of claims made by Charles Drake, the plaintiff in the case. The only count not completely dismissed is Drake’s allegation that the defendant, GE Appliances’ parent company, Haier Appliances, violated an implied warranty of merchantability. “Drake does not allege the necessary elements of fraud by omission under California law,” Martínez-Olguín wrote in her decision. “Most glaringly, Drake fails to plead the second and fourth elements of fraud by omission: that Haier held a duty to disclose the fact of the emissions to him, or that Drake justifiably relied on Haier’s concealment of the dangerous emissions from his gas stove.” “Drake alleges no connection between Haier and the studies he cites, appearing to conclude merely that Haier ‘should have known.’ This does not meet the specificity required for claims sounding in fraud,” she added. “Therefore, the claims sounding in fraud must also be dismissed on this basis.” BIDEN ADMIN BACKS OFF GAS STOVE CRACKDOWN AFTER WIDESPREAD PUSHBACK The case dates back to early March 2023 when the California-based law firm Dovel & Luner filed the class-action suit on behalf of Drake. The complaint stated that gas stoves produce “health-harming pollutants,” such as nitrogen oxide, and points to a Consumer Reports article titled “Is Your Gas Range a Health Risk?” as evidence of said harms. Drake’s complaint further pointed to a 2022 study funded by the Rocky Mountain Institute, a climate think tank which has advocated for a broad economy-wide green energy transition. That same study was cited by U.S. Consumer Product Safety Commission member Richard Trumka Jr. when he floated a ban on gas stoves last year, sparking outrage among consumer advocates and lawmakers. BIDEN ADMIN LAUNCHED AN AGGRESSIVE CAMPAIGN TARGETING HOME APPLIANCES WITH ECO REGULATIONS IN 2023 And the complaint argued that Haier Appliances should be aware of such research and, therefore, the potential harms posed by gas stoves. Such harms would constitute a product “defect” and, since Haier still sells the products, would mean the company is committing consumer fraud, according to Drake. “Like other makers of gas stoves, Defendant monitors and keeps track of research on the health effects of its products,” the complaint stated. “This is diligence that large companies like Defendant routinely do when selling a consumer product. Defendant is aware of the fact that its Products emit harmful pollutants. It is further aware that use of gas stoves increases the rates of respiratory illness in adults and children.” But Martínez-Olguín noted in her ruling that plaintiffs are typically required to allege “how the defendant obtained knowledge of the specific defect prior the plaintiff’s purchase of the defective product in order to sufficiently allege the manufacturer’s awareness of a defect.” By broadly stating Haier “keeps track of research,” Drake failed to overcome that hurdle, she ruled. The judge ultimately gave Drake until March 14 to file an amended complaint, meaning the case is technically ongoing. GE Appliances declined to comment, citing its policy “not to comment on pending litigation.” Dovel & Luner didn’t respond to a request for comment. Meanwhile, the ruling is the latest setback for environmentalists who have sought nationwide crackdowns on gas stoves over their climate impact. In January, a federal appeals court delivered a fatal blow to a natural gas ban proposed by the city of Berkeley, California, and, weeks later, the Biden administration watered down regulations targeting gas stoves in a win for the appliance industry.
GOP North Dakota Sen. Kevin Cramer running for re-election
U.S. Sen. Kevin Cramer of North Dakota is seeking reelection. In a video released Thursday, the first-term Republican senator announced his plans. He was first elected in 2018 in a closely watched race against then-Sen. Heidi Heitkamp, the last Democrat to hold statewide office in North Dakota. Cramer, a staunch Donald Trump ally, held North Dakota’s single seat in the U.S. House of Representatives from 2013-19, and was previously a public utilities regulator from 2003-12 and a state GOP chairman. Democrat Katrina Christiansen, an assistant engineering professor at the University of Jamestown, is running against Cramer. She ran unsuccessfully in 2022 against Republican Sen. John Hoeven and Rick Becker, a Republican former state lawmaker who ran an independent campaign. Hoeven won a third term. North Dakota’s Democratic-NPL and Republican parties will hold endorsing conventions for statewide and congressional candidates in April in Fargo. Heitkamp’s 2012 Senate victory was the last time a Democrat won a statewide election in North Dakota. Democrats narrowly control the U.S. Senate.
Judge says Texas school district can punish Black student for his hairstyle
After a short trial, a Texas judge ruled that Barbers Hill school officials are not violating a new state law prohibiting hair discrimination.
Texas launches new property tax incentive program to lure new businesses
The Jobs, Energy, Technology, and Innovation program cuts property taxes for new manufacturing, research and development facilities. It replaces a shuttered program criticized for its impact on school finance.
AOC mocks Biden for doing ‘Trump impressions’ on the border crisis
Rep. Alexandria Ocasio-Cortez, D-N.Y., is scorching President Biden for considering executive action to address the migrant crisis at the U.S.-Mexico border. The outspoken lawmaker compared Biden to former President Trump, whose stricter immigration policies were universally panned by progressives. “Doing Trump impressions isn’t how we beat Trump,” she wrote on X, formerly Twitter. “Seeking asylum is a legal right of all people. In the face of authoritarian threat, we should not buckle on our principles – we should commit to them. “The mere suggestion is outrageous and the President should refuse to sign it.” 7.2M ILLEGALS ENTERED THE US UNDER BIDEN ADMIN, AN AMOUNT GREATER THAN POPULATION OF 36 STATES GOP SENATORS RALLY AGAINST BIPARTISAN BORDER DEAL, CITING BIDEN’S POWER TO SUSPEND ‘EMERGENCY’ BILL A White House spokesperson did not directly address Ocasio-Cortez’s comments when asked by Fox News Digital. Instead, the spokesperson reiterated calls for House Republicans to act on the Senate’s bipartisan border security and foreign aid bill, which did not even pass the Senate after a flood of GOP opposition. “The administration spent months negotiating in good faith to deliver the toughest and fairest bipartisan border security bill in decades because we need Congress to make significant policy reforms and to provide additional funding to secure our border and fix our broken immigration system,” the spokesperson said. “Congressional Republicans chose to put partisan politics ahead of our national security, rejected what border agents have said they need, and then gave themselves a two-week vacation. No executive action, no matter how aggressive, can deliver the significant policy reforms and additional resources Congress can provide and that Republicans rejected.” ‘SHAMEFUL’: AOC BLASTS BIDEN ADMIN FOR BLOCKING UN GAZA CEASE-FIRE RESOLUTION Democrats have demonstrated they are increasingly annoyed at Biden’s new willingness to crack down and take the pressure off the nation’s overwhelmed asylum system. When Biden said he would close the border earlier this month if Congress granted him the ability through legislation, Congressional Hispanic Caucus Chair Nanette Barragán, D-Calif., said she was “disappointed” in the president, adding, “Efforts to shut down the border do not work. It did not work under Trump with the use of Title 42, and it will not fix the problem now.” An administration official told Fox News Digital Thursday that no final decision has been made regarding what, and if, executive action could be taken. The official added Biden is exploring multiple policy options. It comes after Fox News was told Wednesday evening that Biden is considering executive action to restrict the ability of migrants who cross the U.S. border illegally to claim asylum. The president’s critics on the right have long accused him of making the crisis worse by rolling back Trump administration policies like “Remain In Mexico.” But the border is rapidly emerging as a top issue for 2024 voters. U.S. Rep.-elect Tom Suozzi, D-N.Y., won a recent special election in New York’s 3rd Congressional District, handing Democrats a critical victory after running on a pledge to take on the border crisis. A recent Fox News poll found nearly eight in 10 voters think the border is a significant issue, while 34% said it was an emergency and 45% said it was a major problem. Fox News’ Edward Lawrence contributed to this report.
Chinese migrants eclipse Mexican nationals in key southern border sector
The number of Chinese migrants being encountered in a key sector of the southern border is exceeding that of Mexican nationals, a trend ongoing for years that has renewed national security concerns. Customs and Border Protection (CBP) data obtained by Fox News shows that Chinese nationals are the second-largest nationality encountered at the border in San Diego Sector since the fiscal year began in October. There have been 21,000 Chinese nationals encountered, second only to Colombia (28,000). Third is Mexican nationals with 18,700, followed by Brazil (8,700) and Ecuador (7,700). Other countries of origin include Turkey, Guinea, India, Guatemala and Peru. 7.2M ENTERED THE US UNDER BIDEN ADMIN, AN AMOUNT GREATER THAN POPULATION OF 36 STATES Fox reported this week that between Saturday and Monday there were 452 Chinese nationals apprehended by Border Patrol in the San Diego Sector alone — more than the entirety of FY 2021 across the whole border. The number of Chinese nationals has been increasing since fiscal 2021. In fiscal 2022, numbers increased to more than 2,000 border-wide. In fiscal 2023, that number then surged to more than 24,314. CHINESE MIGRANTS POURING ACROSS SOUTHERN BORDER SPARK NATIONAL SECURITY CONCERNS It’s an increase that has raised national security concerns from both Republican lawmakers and border officials — noting that China is a geopolitical foe and raises the specter of a potential avenue for espionage. Brandon Judd, the president of the National Border Patrol Council, which represents all rank-and-file Border Patrol agents nationwide, told Fox News last week that the majority of the Chinese border-crossers are single adult males of military age. “That is a very scary prospect. We know that China does not like us, we know that we are in the crosshairs of China,” Judd said. Immigration activists have also noted that China is a country with a repressive government and from which citizens would naturally try to flee and seek asylum. CHINESE ILLEGAL IMMIGRATION ON PACE TO BREAK RECORDS AT US SOUTHERN BORDER But China is also one of a number of special-interest countries, from which nationals are supposed to see extra vetting by authorities. San Diego has seen many nationals from those countries. Fox reported this week on CBP data that shows thousands of nationals from Mauritania, Uzbekistan, Afghanistan, Russia, Tajikistan and Kyrgyzstan have arrived at the border in the San Diego Sector. Overall, more than 140,000 illegal immigrants have been encountered in the sector since October. Border-wide, there have been more than 961,000 migrant encounters this fiscal year after a record-setting 2.4 million in fiscal 2023. December saw a record 301,000 encounters, followed by a sharp drop to 176,000 in January.
Supreme Court allows $2.5 billion Boy Scouts settlement with sex abuse victims to proceed
The Supreme Court issued an order allowing a $2.5 billion bankruptcy settlement by the Boy Scouts to proceed in lower federal courts Thursday. A group of 144 plaintiffs had moved to block the settlement, but the court’s Thursday order means the settlement will continue to be litigated among the parties. Justice Samuel Alito had issued a stay on the settlement last week while the court deliberated on the issue. The claimants were a small group of the 82,000 who filed claims for payment in the Boy Scouts of America’s bankruptcy. They previously asked the court to halt the organization’s bankruptcy settlement, arguing it unlawfully prevents them from pursuing lawsuits against other organizations that are not bankrupt, including churches that ran scouting programs and local Boy Scout councils. The Boy Scouts of America’s bankruptcy deal was upheld by a federal judge in the U.S. District Court of Delaware last March. The plan would allow the Texas-based organization to continue operating while it compensated the sexual abuse claimants. FEDERAL JUDGE UPHOLDS $2.4 BILLION BANKRUPTCY PLAN FOR THE BOY SCOUTS OF AMERICA The Boy Scouts filed for bankruptcy in 2020 following the passing of several laws allowing accusers the opportunity to sue over abuse allegations that were decades old. The organization later reached a settlement that was approved in court in 2022. The settlement would pay between $3,500 and $2.7 million to abuse victims. JUDGE TOSSES GIRL SCOUTS’ RECRUITMENT SUIT VS. BOY SCOUTS Adam Slater, a lawyer representing claimants who supported the settlement, celebrated the court’s order on Thursday. “With more than 12,400 survivors in this case over the age of 70 and more than 2,200 over the age of 80, these brave individuals deserve to receive compensation in their lifetimes,” Slater said. More than 86% of the 82,000 victims of sexual abuse within Boy Scouts of America voted in favor of the settlement plan. Reuters and Fox News’ William Mears and Haley Chi-Sing contributed to this report
GOP rep doubles down on message to Hamas: ‘Kill them all’
Rep. Andy Ogles, R-Tenn., doubled down on his statement Thursday that Israel should kill every member of Hamas. Ogles originally made the statement last week, when he was confronted by a group of pro-Palestinian activists on Capitol Hill. The group pursued him through several hallways, arguing about the events in Gaza. “You know what? I think we should kill them all, if that makes you feel better. Everybody in Hamas,” Ogles ultimately said. Ogles addressed his own words with a follow-up statement on Thursday. ISRAELI PARLIAMENT BACKS NETANYAHU, REJECTS PUSH FOR ‘UNILATERAL’ RECOGNITION OF PALESTINIAN STATE “On October 7th, Hamas committed atrocities that are beyond normal comprehension and a manifestation of evil here on earth, including the rape and torture of infants, the rape and torture of young girls and boys, the rape and torture of women and men–including cutting off women’s breasts while they were alive and being gang raped, the mutilation and removal of men’s testicles, and of course, the slaughter of innocent lives,” Ogles wrote. “These terrorists deserve to die. I was clearly referencing Hamas terrorists during the exchange. Democrats and leftist media, who appear incapable of categorically denouncing the events of October 7th, are desperately attempting to shift blame,” he added. HAMAS TERRORISTS USE ISRAELI HOSTAGE RELEASE IN GAME OF PSYCHOLOGICAL WARFARE “I stand by Israel and their right to punish Hamas on a scale of Biblical proportion, including their accomplices and the facilitators of the aforementioned atrocities. I stand by what I said: Death to Hamas,” he concluded. The pro-Palestinian activists who confronted Ogles had claimed that reports of the rape and torture of babies by Hamas were “fake news.” UNITED NATIONS SLAMMED FOR SILENCE OVER HAMAS RAPES, MUTILATION AND MURDER OF ISRAELI WOMEN, CRITICS SAY Israel has documented many of the most horrific crimes committed on Oct. 7 in a roughly 45-minute video shown to hundreds of members of the press. Israeli officials have condemned efforts to downplay the crimes committed by Hamas on Oct. 7. Israeli government spokesman Eylon Levy commented on such efforts last year. “Now unfortunately, and I can’t believe I’m saying this, and I can’t believe that we as a country are having to do this as we work to defeat the terror organization that brutalized our people, we are witnessing a Holocaust denial-like phenomenon evolving in real time as people are casting doubt on the magnitude of the atrocities that Hamas committed against our people and, in fact, recorded in order to glorify that violence,” he said.
Planned Parenthood petitions Wisconsin Supreme Court to make 1849 abortion law unconstitutional
Planned Parenthood of Wisconsin asked the state Supreme Court on Thursday to overturn a 174-year-old state law that conservatives have interpreted as an abortion ban. It’s the second legal challenge to the statute since the U.S. Supreme Court invalidated Roe v. Wade. The organization filed a petition asking the high court to rule the law unconstitutional without letting any lower courts rule first. And if the justices do so, Planned Parenthood will consider challenging other restrictions on abortion found throughout state law, including bans based on fetal viability and parental consent mandates, according to the organization’s chief strategy officer Michelle Velasquez. WISCONSIN SCHOOL SUPERINTENDENT RESIGNS AFTER MAKING CONTROVERSIAL RACE COMMENTS ON ATLANTA RADIO SHOW “This petition is really asking whether the Constitution protects access to abortion,” Velasquez said during a video news conference. “We’re asking the court to basically say laws related to abortion would be subject to the highest level of scrutiny.” The Supreme Court has not said whether it will accept the case, or the related appeal of a lower court ruling won by Democratic Attorney General Josh Kaul. He challenged the 1849 law as too old to enforce and trumped by a 1985 law that allows abortions up to the point when a fetus could survive outside the womb. Dane County Circuit Judge Diane Schlipper ruled last year that the law only prohibits attacking a woman with the intent to kill her unborn child. The decision emboldened Planned Parenthood to resume offering abortions in Wisconsin after stopping procedures in response to the U.S. Supreme Court ruling. Sheboygan County District Attorney Joel Urmanski, a Republican, has appealed that ruling and earlier this week asked the state Supreme Court to take the case directly without waiting for a lower appellate ruling. Urmanski argued that the case is of statewide importance and will end up before the high court eventually anyway. Planned Parenthood is seeking a much broader ruling, arguing that the Wisconsin Constitution’s declaration that people have a right to life, liberty and the pursuit of happiness means women have a right to control their own bodies. The petition goes on to argue that phrase grants abortion providers the right to practice and means all people have an equal right to make their own medical decisions. “The right to life and liberty, including the right to make one’s own decisions about whether or not to give birth and medical decisions related to pregnancy or abortion care from a chosen health care provider, is fundamental,” the petition contends. “So, too, is a physician’s right to practice medicine, her chosen profession, and fulfill her ethical obligations of the practice of medicine.” The petition names Urmanski as a respondent. Urmanski’s attorney, Matt Thome, didn’t immediately respond to an email seeking comment on the filing. The stage would be set for big legal wins for both Kaul and Planned Parenthood if the state Supreme Court decides to take their cases. Liberals control the court with a 4-3 majority and one of them — Justice Janet Protasiewicz — repeatedly declared on the campaign trail last year that she supports abortion rights. CLICK HERE TO GET THE FOX NEWS APP Typically judicial candidates don’t comment on issues to avoid the appearance of bias, but Protaswiecz’s remarks galvanized abortion supporters and helped her win her seat.