Latest news with #MichaelH.Simon
Los Angeles Times
2 days ago
- Politics
- Los Angeles Times
Judge issues temporary injunction against Trump administration cancellation of humanities grants
WASHINGTON — A federal judge in Oregon issued an injunction Wednesday temporarily stopping the mass cancellation of National Endowment for the Humanities grants to humanities councils around the country, saying the cancellations were likely unconstitutional. U.S. District Judge Michael H. Simon, an appointee of former President Barack Obama, issued a temporary stay on action taken in April by the National Endowment for the Humanities, saying the claims made by plaintiffs in the case were 'likely to succeed on their claim that the withholding of the funds at issue in this case is unconstitutional.' Defendants' conduct reflects a 'deliberate decision to flout Congressional command and refuse to spend appropriated funds,' the opinion said, noting, 'The United States Constitution exclusively grants the power of the purse to Congress, not the President.' The so-called Department of Government Efficiency and the National Endowment for the Humanities canceled dozens of grants to state and local humanities' councils in April as part of President Trump's cost-cutting efforts. The Federation of State Humanities Councils and the Oregon Council for the Humanities filed suit in May to reverse the local funding cuts. Adam Davis, executive director of the Oregon council, called the decision 'heartening and motivating. This is one step — among many that are needed — in the large, ongoing endeavor to knit our communities and the country closer together.' The National Endowment for the Humanities did not immediately answer a phone call or email for comment. Simon said in issuing the stay that the record contained 'unrebutted evidence of irreparable harms,' noting that 'when these programs are cancelled, there can be no do over and no redress.' The judge rejected a request by the NEH that the injunction be stayed. He said the government had not met the standards for such a stay. Simon said the defendants were 'likely violating statutory obligations and principles of separation of powers that have existed for decades.' The order also stopped the government from 'disbursing, encumbering, loaning, granting, or otherwise disposing of the funds committed to Plaintiffs.' Fields writes for the Associated Press.
New Indian Express
3 days ago
- Politics
- New Indian Express
Judge issues temporary injunction against Trump administration cancellation of humanities grants
WASHINGTON: A federal judge in Oregon issued an injunction Wednesday temporarily stopping the mass cancellation of National Endowment for the Humanities grants to humanities councils around the country, saying the cancellations were likely unconstitutional. U.S. District Judge Michael H. Simon, an appointee of President Barack Obama, issued a temporary stay on action taken in April by the National Endowment for the Humanities, saying the claims made by plaintiffs in the case were "likely to succeed on their claim that the withholding of the funds at issue in this case is unconstitutional." Defendants' conduct reflects a "deliberate decision to flout Congressional command and refuse to spend appropriated funds," the opinion said, noting, "The United States Constitution exclusively grants the power of the purse to Congress, not the President." The Department of Government Efficiency and the National Endowment for the Humanities canceled dozens of grants to state and local humanities' councils in April as part of President Donald Trump's cost-cutting efforts. The Federation of State Humanities Councils and the Oregon Council for the Humanities filed suit in May to reverse the local funding cuts.
Indian Express
3 days ago
- Politics
- Indian Express
Judge issues temporary injunction against Trump administration cancellation of humanities grants
A federal judge in Oregon issued an injunction Wednesday temporarily stopping the mass cancellation of National Endowment for the Humanities grants to humanities councils around the country, saying the cancellations were likely unconstitutional. US District Judge Michael H. Simon, an appointee of President Barack Obama, issued a temporary stay on action taken in April by the National Endowment for the Humanities, saying the claims made by plaintiffs in the case were 'likely to succeed on their claim that the withholding of the funds at issue in this case is unconstitutional.' Defendants' conduct reflects a 'deliberate decision to flout Congressional command and refuse to spend appropriated funds,' the opinion said, noting, 'The United States Constitution exclusively grants the power of the purse to Congress, not the President.' The Department of Government Efficiency and the National Endowment for the Humanities canceled dozens of grants to state and local humanities' councils in April as part of President Donald Trump's cost-cutting efforts. The Federation of State Humanities Councils and the Oregon Council for the Humanities filed suit in May to reverse the local funding cuts. Adam Davis, executive director of the Oregon council, called the decision 'heartening and motivating. This is one step — among many that are needed — in the large, ongoing endeavor to knit our communities and the country closer together.' The National Endowment for the Humanities did not immediately answer a phone call or email for comment. Simon said in issuing the stay that the record contained 'unrebutted evidence of irreparable harms,' noting that 'when these programs are cancelled, there can be no do over and no redress.' The judge rejected a request by the NEH that the injunction be stayed. He said the government had not met the standards for such a stay. Simon said the defendants were 'likely violating statutory obligations and principles of separation of powers that have existed for decades.' The order also stopped the government from 'disbursing, encumbering, loaning, granting, or otherwise disposing of the funds committed to Plaintiffs.'
Yahoo
30-05-2025
- Business
- Yahoo
OLCC removes labor agreement rule for cannabis businesses after Measure 119 ruling
PORTLAND, Ore. (KOIN) – The Oregon Liquor and Cannabis Commission is no longer requiring cannabis businesses to enter labor peace agreements in order to obtain or renew a cannabis license, the agency announced Thursday. The decision comes after a federal judge ruled Oregon Ballot Measure 119 unconstitutional earlier in May. 'Earlier this month, a federal judge issued a ruling barring the enforcement of Ballot Measure 119. Given this ruling and in consultation with the Oregon Department of Justice, the OLCC will no longer require labor peace agreements as part of cannabis license applications and license renewals,' the OLCC said in a press release Thursday. Portland has the worst housing crisis outlook, LendingTree finds Measure 119, also known as the United for Cannabis Workers Act, was passed by Oregon voters in November 2024 and took effect in December of that year. The measure required cannabis retailers and processors to remain neutral in their communications to employees from labor organizations about bargaining rights. After Measure 119 passed, the OLCC adopted the labor peace agreement requirement in order to comply with the ballot measure, which required cannabis processors, retailers, and labs to provide labor peace agreements with a bona fide labor organization in order to obtain or renew cannabis licenses. The measure was challenged in a lawsuit filed in February by two Portland cannabis businesses, arguing the measure violates the First Amendment and will harm cannabis companies. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now United States District Judge Michael H. Simon in Portland agreed with the cannabis companies, ruling Measure 119 is 'preempted by the (National Labor Relations Act)' and violates the First Amendment. 'Measure 119 is not limited to restricting only threatening, coercive, false, or misleading speech, but instead prohibits all speech by employers that is not 'neutral' toward unionization. Therefore, Measure 119 violates Plaintiffs' First Amendment rights to free speech,' Judge Simon wrote, in part. In response to Judge Simon's ruling, the plaintiff's attorneys with Fisher Phillips LLP told KOIN 6, 'We are pleased with Judge Simon's ruling. Judge Simon reached the right conclusion on this important case of first impression regarding National Labor Relations Act preemption and Constitutional First Amendment speech protections as related to laws requiring businesses to enter into labor peace agreements.' Armed man who threatened Papa Murphy's employees was pepper-sprayed multiple times, police say The plaintiffs' attorneys continued, 'This case is poised to have far-reaching impacts, as many states are considering imposing similar requirements not only on cannabis licensees, but also in other sectors, and this decision helps maintain the proper balance between labor and management and allows cannabis employees to decide for themselves whether to organize without undue influence.' Governor Kotek's office added that the governor — who was named among defendants in the lawsuit — 'respects the court's ruling.' Meanwhile, a spokesperson for UFCW 555, a labor organization that has been a strong proponent of Measure 119, told KOIN 6 News 'We now have conflicting federal rulings, with a judge in Oregon putting Measure 119 on hold while a California judge has upheld a similar law. One of these rulings is destined to be overturned on appeal. Our strong suspicion is that Judge Simon's opinion, which flaunts Supreme Court precedent, will be the one reversed.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
21-05-2025
- Business
- Yahoo
Federal judge rules Oregon ballot measure for cannabis industry unions is unconstitutional
PORTLAND, Ore. (KOIN) – After Oregon voters approved Ballot Measure 119 — requiring cannabis businesses to enter labor peace agreements with employees — last fall, a federal judge ruled Tuesday that the law is unconstitutional. Measure 119, also known as the United for Cannabis Workers Act, was passed by Oregon voters in November 2024 and took effect in December of that year. The measure requires cannabis retailers and processors to remain neutral in their communications to employees from labor organizations about bargaining rights. Before Measure 119 took effect, employees already had the right to collectively bargain, however, the measure required cannabis businesses to have an agreement with a labor organization that at minimum requires the business to remain neutral. If cannabis businesses violated the rule, the measure would allow the Oregon Liquor and Cannabis Commission to impose fines or licensing and certification penalties. However, that law is unconstitutional, according to U.S. District Judge Michael H. Simon. Footwear company Keen moves manufacturing facility out of Portland The by two Portland cannabis businesses, including recreational marijuana processor Bubble's Hash and Ascend Dispensary. The companies argued the measure is unconstitutional, violates the First Amendment, and will harm cannabis businesses. The suit was filed against Oregon Gov. Tina Kotek, Attorney General Dan Rayfield, Oregon Liquor and Cannabis Commission Chair Dennis Doherty and OLCC Executive Director Craig Prins. The businesses argued that Measure 119 violates the First Amendment of the U.S. Constitution — which, in part, bans states from passing laws that impair obligations in contracts. They also argued the measure conflicts with the National Labor Relations Act. 'Completely ghosted us': PNW customers detail financial losses, unfinished jobs tied to local contractor The lawsuit took issue with a provision in Measure 119 mandating cannabis licensees to contract with a 'bona fide labor organization' under a 'labor peace agreement.' According to the plaintiffs, there are only two 'bona fide labor organizations' that will enter into a labor peace agreement with licensees — including Teamsters and UFCW 555. 'Measure 119 fails to provide any dispute resolution process if the bona fide labor organization and the licensees cannot agree to the terms of the LPA,' the lawsuit claimed. 'The licensees, including plaintiffs, are left without choice or bargaining power in order to renew their licenses.' Close Thanks for signing up! Watch for us in your inbox. Subscribe Now In Tuesday's ruling, , United States District Judge Michael H. Simon agreed, with the ruling stating Measure 119 is 'preempted by the NLRA' and violates the First Amendment. 'Measure 119 is not limited to restricting only threatening, coercive, false, or misleading speech, but instead prohibits all speech by employers that is not 'neutral' toward unionization. Therefore, Measure 119 violates Plaintiffs' First Amendment rights to free speech,' Judge Simon wrote, in part. In response to Judge Simon's ruling, the plaintiff's attorneys with Fisher Phillips LLP told KOIN 6, 'We are pleased with Judge Simon's ruling. Judge Simon reached the right conclusion on this important case of first impression regarding National Labor Relations Act preemption and Constitutional First Amendment speech protections as related to laws requiring businesses to enter into labor peace agreements.' Portland city buildings to shine bright again The plaintiffs' attorneys continued, 'This case is poised to have far-reaching impacts, as many states are considering imposing similar requirements not only on cannabis licensees, but also in other sectors, and this decision helps maintain the proper balance between labor and management and allows cannabis employees to decide for themselves whether to organize without undue influence.' Attorney General Rayfield's office declined to comment on the ruling and deferred to the OLCC. In a statement to KOIN 6 News, OLCC Executive Director Craig Prins explained, 'Over the next few days, we plan to confer with our colleagues at the (Department of Justice) to better understand the ruling and what it means for the regulation of cannabis in the state.' Governor Kotek's office added that the governor 'respects the court's ruling.' Meanwhile, a spokesperson for UFCW 555, a labor organization that has been a strong proponent of Measure 119, told KOIN 6 News on Tuesday, 'We now have conflicting federal rulings, with a judge in Oregon putting Measure 119 on hold while a California judge has upheld a similar law. One of these rulings is destined to be overturned on appeal. Our strong suspicion is that Judge Simon's opinion, which flaunts Supreme Court precedent, will be the one reversed.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
