Court sides with the FDA in its dispute over sweet-flavored vaping products

The Supreme Court on Wednesday ruled for the Food and Drug Administration in its crackdown on sweet-flavored vaping products following a surge in teen electronic cigarette use. But the justices’ unanimous decision throwing out a federal appeals court ruling is not the final word in the case, and the FDA could change its approach now that President Donald Trump has promised to “save” vaping. The high court ruled that the FDA, during President Joe Biden’s administration, did not violate federal law when it denied an application from Dallas-based company Triton Distribution to sell e-juices like “Jimmy The Juice Man in Peachy Strawberry” and “Suicide Bunny Mother’s Milk and Cookies.” The products are heated by an e-cigarette to create an inhalable aerosol. Yolonda Richardson, president and CEO of the Campaign for Tobacco-Free Kids, called the decision “a major victory for the health of America’s kids and efforts to protect them from the flavored e-cigarettes that have fueled a youth nicotine addiction crisis.” The FDA has rejected applications for more than a million nicotine products formulated to taste like fruit, dessert or candy because their makers couldn’t show that flavored vapes had a net public benefit, as required by law. It has approved some tobacco-flavored vapes, and recently it allowed its first menthol-flavored e-cigarettes for adult smokers after the company provided data showing the product was more helpful in quitting. But the conservative 5th U.S. Circuit Court of Appeals sided with Triton, agreeing that the FDA changed its standards with little warning in violation of federal law. While mainly ruling for the FDA on Wednesday, the Supreme Court noted that the agency had said the company’s marketing plan would be an important factor in evaluating its application. But it ultimately did not consider the marketing plan, Justice Samuel Alito wrote for the court. Attorney Eric Heyer, who represented the company, expressed disappointment with the ruling but said Triton believes “in the great harm reduction potential” of the products and plans to continue litigation. The appeals court was ordered to consider if the failure to do so is an important mistake that might still lead to a decision in Triton’s favor. The FDA has so far not instituted changes to its polices on vaping. But on Tuesday, the FDA’s top tobacco regulator, Brian King, was removed from his post amid sweeping cuts to the federal health workforce that have cleared out many of the nation’s leading health experts. King oversaw hundreds of warning letters issued to companies that make, sell and distribute flavored vapes.

Korea’s truth commission says government responsible for fraud in foreign adoptions

South Korea’s truth commission concluded the government bears responsibility for facilitating a foreign adoption program rife with fraud and abuse, driven by efforts to reduce welfare costs and enabled by private agencies that often manipulated children’s backgrounds and origins. The landmark report released Wednesday followed a nearly three-year investigation into complaints from 367 adoptees in Europe, the United States, and Australia, representing the most comprehensive examination yet of South Korea’s foreign adoptions, which peaked under a succession of military governments in the 1970s and ’80s. The government-appointed Truth and Reconciliation Commission said it confirmed human rights violations in 56 of the complaints and aims to review the remaining cases before its mandate expires in late May. However, some adoptees and even a commission investigator criticized the cautiously written report, acknowledging that investigative limitations prevented the commission from more strongly establishing the government’s complicity. That investigator, Sang Hoon Lee, also lamented that the panel on Tuesday deferred assessments of 42 other adoptees’ cases, citing a lack of documentation to sufficiently prove their adoptions were problematic. Lee and the commission chairperson, Sun Young Park, did not specify which types of documents were central to the discussions. However, Lee implied that some members of the commission’s decision-making committee were reluctant to recognize cases in which adoptees had yet to prove beyond doubt that the biological details in their adoption papers had been falsified — either by meeting their birth parents or confirming information about them. Most Korean adoptees were registered by agencies as abandoned orphans, although they frequently had relatives who could be easily identified or found, a practice that often makes their roots difficult or impossible to trace. Government data obtained by The Associated Press shows less than a fifth of 15,000 adoptees who have asked South Korea for help with family searches since 2012 have managed to reunite with relatives. Lee said the committee’s stance reflects a lack of understanding of the systemic problems in adoptions and risks excluding many remaining cases. “Personally, I find yesterday’s decision very regrettable and consider it a half-baked decision,” Lee said. After reviewing government and adoption records and interviewing adoptees, birth families, public officials and adoption workers, the commission assessed that South Korean officials saw foreign adoptions as a cheaper alternative to building a social welfare system for needy children. Through policies and laws that promoted adoption, South Korea’s military governments permitted private adoption agencies to exercise extensive guardianship rights over children in their custody and swiftly transfer custody to foreign adopters, resulting in “large-scale overseas placements of children in need of protection,” the commission said. Authorities provided no meaningful oversight as adoption agencies engaged in dubious or illicit practices while competing to send more children abroad. These practices included bypassing proper consent from biological parents, falsely documenting children with known parents as abandoned orphans, and switching children’s identities, according to the commission’s report. It cited that the government failed to ensure that agencies properly screened adoptive parents or prevent them from excessively charging foreign adopters, who were often asked to make additional donations beyond the standard fees.

Trump signs order imposing sanctions on International Criminal Court

President Donald Trump signed an executive order imposing sanctions on the International Criminal Court over investigations of Israel, a close U.S. ally. Neither the U.S. nor Israel is a member of or recognizes the court, which has issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for alleged war crimes over his military response in Gaza after the Hamas attack against Israel in October 2023. Tens of thousands of Palestinians, including children, have been killed during the Israeli military’s response. The order Trump signed Thursday accuses the ICC of engaging in “illegitimate and baseless actions targeting America and our close ally Israel” and of abusing its power by issuing “baseless arrest warrants” against Netanyahu and his former defense minister, Yoav Gallant. “The ICC has no jurisdiction over the United States or Israel,” the order states, adding that the court had set a “dangerous precedent” with its actions against both countries. Trump’s action came as Netanyahu was visiting Washington. He and Trump held talks Tuesday at the White House, and Netanyahu spent some of Thursday meeting with lawmakers on Capitol Hill. The order says the U.S. will impose “tangible and significant consequences” on those responsible for the ICC’s “transgressions.” Actions may include blocking property and assets and not allowing ICC officials, employees and relatives to enter the United States. Human rights activists said sanctioning court officials would have a chilling effect and run counter to U.S. interests in other conflict zones where the court is investigating. “Victims of human rights abuses around the world turn to the International Criminal Court when they have nowhere else to go, and President Trump’s executive order will make it harder for them to find justice,” said Charlie Hogle, staff attorney with American Civil Liberties Union’s National Security Project. “The order also raises serious First Amendment concerns because it puts people in the United States at risk of harsh penalties for helping the court identify and investigate atrocities committed anywhere, by anyone.” Hogle said the order “is an attack on both accountability and free speech.” “You can disagree with the court and the way it operates, but this is beyond the pale,” Sarah Yager, Washington director of Human Rights Watch, said in an interview prior to the announcement. Like Israel, the U.S. is not among the court’s 124 members and has long harbored suspicions that a global court could arbitrarily prosecute U.S. officials. A 2002 law authorizes the Pentagon to liberate any American or U.S. ally held by the court. In 2020, Trump sanctioned chief prosecutor Karim Khan’s predecessor, Fatou Bensouda, over her decision to open an inquiry into war crimes committed by all sides, including the U.S., in Afghanistan. However, those sanctions were lifted under President Joe Biden, and the U.S. began to tepidly cooperate with the tribunal ? especially after Khan in 2023 charged Russian President Vladimir Putin with war crimes in Ukraine. Driving that turnaround was Sen. Lindsey Graham, R-S.C., who organized meetings in Washington, New York and Europe between Khan and GOP lawmakers who have been among the court’s fiercest critics.

Musk gives all federal workers 48 hours to explain what they did last week

Hundreds of thousands of federal workers have been given little more than 48 hours to explain what they accomplished over the last week, sparking confusion across key agencies as billionaire Elon Musk expands his crusade to slash the size of federal government. Musk, who serves as President Donald Trump’s cost-cutting chief, telegraphed the extraordinary request on his social media network on Saturday. “Consistent with President @realDonaldTrump’s instructions, all federal employees will shortly receive an email requesting to understand what they got done last week,” Musk posted on X, which he owns. “Failure to respond will be taken as a resignation.” Shortly afterward, federal employees — including some judges, court staff and federal prison officials — received a three-line email with this instruction: “Please reply to this email with approx. 5 bullets of what you accomplished last week and cc your manager.” The deadline to reply was listed as Monday at 11:59 p.m., although the email did not include Musk’s social media threat about those who fail to respond. The latest unusual directive from Musk’s team injects a new sense of chaos across beleaguered multiple agencies, including the National Weather Service, the State Department and the federal court system, as senior officials worked to verify the message’s authenticity Saturday night and in some cases, instructed their employees not to respond. Thousands of government employees have already been forced out of the federal workforce — either by being fired or offered a buyout — during the first month of Trump’s administration as the White House and Musk’s so-called Department of Government Efficiency fire both new and career workers, tell agency leaders to plan for “large-scale reductions in force” and freeze trillions of dollars in federal grant funds. There is no official figure available for the total firings or layoffs so far, but The Associated Press has tallied hundreds of thousands of workers who are being affected. Many work outside of Washington. The cuts include thousands at the Departments of Veterans Affairs, Defense, Health and Human Services, the Internal Revenue Service and the National Parks Service, among others. Labor union leaders quickly condemned the ultimatum and threatened legal action. AFGE President Everett Kelley called the new order an example of Trump and Musk’s “utter disdain for federal employees and the critical services they provide to the American people.” “It is cruel and disrespectful to hundreds of thousands of veterans who are wearing their second uniform in the civil service to be forced to justify their job duties to this out-of-touch, privileged, unelected billionaire who has never performed one single hour of honest public service in his life,” Kelley said. “AFGE will challenge any unlawful terminations of our members and federal employees across the country.” Musk on Friday celebrated his new role at a gathering of conservatives by waving a giant chainsaw in the air. He called it “the chainsaw for bureaucracy” and said, “Waste is pretty much everywhere” in the federal government. McLaurine Pinover, a spokesperson at the Office of Personnel Management, confirmed Musk’s directive and said that individual agencies would “determine any next steps.” What happens if an employee is on leave or vacation? Again, she said individual agencies would determine how to proceed. In a message to employees on Saturday night, federal court officials instructed recipients not to respond. “We understand that some judges and judiciary staff have received an email ... directing the recipient to reply with 5 accomplishments from the prior week. Please be advised that this email did not originate from the Judiciary or the Administrative Office and we suggest that no action be taken,” officials wrote. Judges around the country got emails from Musk’s team in late January, apparently by mistake, U.S. District Judge Randolph Daniel Moss said earlier this month. Moss said he’d also gotten a message and ignored it. The National Weather Service leadership acknowledged some confusion in a message to its employees late Saturday as well.

Steve Bannon pleads guilty and avoids jail time in border wall fraud case

Steve Bannon pleaded guilty on Tuesday to defrauding donors to a private effort to build a wall on the U.S. southern border, ending a case the conservative strategist decried as a “political persecution.” Spared from jail as part of a plea deal, he left court saying he “felt like a million bucks.” Bannon, a longtime ally of President Donald Trump, pleaded guilty in state court in Manhattan to one count of scheme to defraud, a low-level felony. The case involved We Build the Wall, a non-profit that Bannon himself once suspected was a scam. Bannon, 71, must stay out of trouble for three years to avoid additional punishment, including possible jail time. He also can’t raise money or serve as an officer or director for charities in New York and can’t use, sell, or possess any data gathered from border wall donors. Bannon had been scheduled to go to trial March 4. His lawyer, Arthur Aidala, said Bannon wanted to “put up a fight,” but opted to plead guilty after weighing how a jury in heavily Democratic Manhattan might judge him. Under the deal, prosecutors agreed to drop money laundering and conspiracy charges against him. Bannon’s plea deal came just days after U.S. Attorney General Pam Bondi ordered the Justice Department to investigate what Trump called the “ weaponization of prosecutorial power.” Outside court, Bannon urged Bondi to immediately open criminal investigations into Manhattan District Attorney Alvin Bragg, whose office prosecuted him, and New York Attorney General Letitia James, who sued Trump over his business practices and is leading legal challenges to his administration’s policies. Both are Democrats. Bragg “can call a grand jury at any time” and “set up criminal charges on the most bogus efforts,” Bannon said. He called James the “queen of lawfare” and warned that Trump and his allies “ought to be worried about this out-of-control city.” Bragg and James’ office didn’t immediately respond to Bannon’s comments. Bragg took up the case and charged Bannon with state offenses after Trump cut a federal prosecution short with a pardon in the final hours of his first term in 2021. Presidential pardons apply only to federal crimes, not state offenses. Bannon was charged with falsely promising donors, including some in New York, that all money given to We Build the Wall would go toward erecting a wall along the U.S.-Mexico border. Instead, prosecutors alleged the money was used to enrich Bannon and others involved in the project. The campaign, launched in 2018 after Trump fired Bannon as his chief strategist, quickly raised over $20 million and privately built a few miles of fencing along the border. It soon ran into trouble with the International Boundary and Water Commission, came under federal investigation and drew criticism from Trump, the Republican whose policy the charity was founded to support.

A federal judge temporarily blocks Trump’s executive order

A federal judge on Thursday temporarily blocked President Donald Trump’s executive order denying U.S. citizenship to the children of parents living in the country illegally, calling it “blatantly unconstitutional” during the first hearing in a multi-state effort challenging the order. The 14th Amendment to the Constitution promises citizenship to those born on U.S. soil, a measure ratified in 1868 to ensure citizenship for former slaves after the Civil War. But in an effort to curb unlawful immigration, Trump issued the executive order just after being sworn in for his second term on Monday. The order would deny citizenship to those born after Feb. 19 whose parents are in the country illegally. It also forbids U.S. agencies from issuing any document or accepting any state document recognizing citizenship for such children.Trump’s order drew immediate legal challenges across the country, with at least five lawsuits being brought by 22 states and a number of immigrants rights groups. A lawsuit brought by Washington, Arizona, Oregon and Illinois was the first to get a hearing. “I’ve been on the bench for over four decades. I can’t remember another case where the question presented was as clear as this one is,” U.S. District Judge John Coughenour told a Justice Department attorney. “This is a blatantly unconstitutional order.” Thursday’s decision prevents the Trump administration from taking steps to implement the executive order for 14 days. In the meantime, the parties will submit further arguments about the merits of Trump’s order. Coughenour scheduled a hearing on Feb. 6 to decide whether to block it long term as the case proceeds. Coughenour, 84, a Ronald Reagan appointee who was nominated to the federal bench in 1981, grilled the DOJ attorney, Brett Shumate, asking whether Shumate personally believed the order was constitutional. “I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order,” he added. Shumate assured the judge he did — “absolutely.” He said the arguments the Trump administration is making now have never previously been litigated, and that there was no reason to issue a 14-day temporary restraining order when it would expire before the executive order takes effect. The Department of Justice later said in a statement that it will “vigorously defend” the president’s executive order, which it said “correctly interprets the 14th Amendment of the U.S. Constitution.” “We look forward to presenting a full merits argument to the Court and to the American people, who are desperate to see our Nation’s laws enforced,” the department said. The U.S. is among about 30 countries where birthright citizenship — the principle of jus soli or “right of the soil” — is applied. Most are in the Americas, and Canada and Mexico are among them. The 14th Amendment was ratified in 1868, in the aftermath of the Civil War, to ensure citizenship for former slaves and free African Americans. It states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Trump’s order asserts that the children of noncitizens are not “subject to the jurisdiction” of the United States, and therefore not entitled to citizenship. Arguing for the states on Thursday, Washington assistant attorney general Lane Polozola called that “absurd,” noting that neither those who have immigrated illegally nor their children are immune from U.S. law. “Are they not subject to the decisions of the immigration courts?” Polozola asked. “Must they not follow the law while they are here?” Polozola also said the restraining order was warranted because, among other reasons, the executive order would immediately start requiring the states to spend millions to revamp health care and benefits systems to reconsider an applicant’s citizenship status.

Florida Attorney General Ashley Moody will fill Marco Rubio’s Senate seat

Florida Attorney General Ashley Moody will take Marco Rubio ’s seat in the U.S. Senate, Gov. Ron DeSantis announced Thursday, making Moody only the second woman to represent Florida in the chamber. Elected as the state’s top law enforcement officer in 2018, Moody campaigned on a pledge to voters that she’d be a prosecutor, not a politician. But along with DeSantis, she boosted her political profile during the onset of the COVID-19 pandemic, calling on the federal government to “hold China responsible” for the outbreak. In elevating her to the post, DeSantis praised Moody as a key player in his political battles, a law and order prosecutor who’s prepared to help President-elect Donald Trump “secure and shut the border,” rein in inflation, and overhaul what he described as a federal bureaucracy “run amok.” “I’m ready to show up and fight for this nation and fight for President Trump to deliver the America First agenda on Day 1,” Moody said during Thursday’s announcement at a hotel in Orlando. “The only way to return this country to the people, the people who govern it, is to make sure we have a strong Congress doing its job, passing laws and actually approving the regulations that these unelected bureaucrats are trying to cram down on the American people,” she added. Before running for statewide office, Moody worked as a federal prosecutor. In 2006, she was elected to the post of circuit judge in Hillsborough County, home to Tampa. A fifth generation native of Plant City, Florida, Moody was once named queen of the city’s famed strawberry festival. She’s a three-time graduate of the University of Florida and she and her husband, a law enforcement officer, have two sons. As the state’s attorney general, Moody has been instrumental in defending DeSantis’ conservative agenda in court and has joined other Republican-led states in challenging the Biden administration’s policies, suing over changes to immigration enforcement, student loan forgiveness and vaccine mandates for federal contractors. “I’m happy to say we’ve had an Attorney General that is somebody that has acted time and time again to support the values that we all share,” DeSantis said. “We in Florida established our state as a beachhead of liberty, as the free state of Florida. And she was with us every step of the way.” Moody isn’t the state’s only AG to use the office as a stepping stone to a national post. Her predecessor, Pam Bondi, is Trump’s pick to lead the Justice Department and is testifying Thursday in the Senate. Moody will be the second woman to represent the state in the Senate, and the first in nearly 40 years; Republican Paula Hawkins served in the chamber from 1981-1987. With the appointment announced, Moody is poised to take office once the vacancy occurs. Rubio is expected to have broad support from Republicans as well as Democrats, and his confirmation vote could come as soon as Monday evening. Under Florida law, it was up to the Republican governor to choose Rubio’s replacement after Trump picked the three-term senator to be his next secretary of state. Moody will serve in the Senate until the next general election in 2026, when the seat will be back on the ballot.