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Kentucky judge dismisses lawsuit challenging a new law to restrict the sale of vaping products

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Kentucky judge dismisses lawsuit challenging a new law to restrict the sale of vaping products


FRANKFORT, Ky. (AP) — A measure passed by Kentucky lawmakers to restrict the sale of vaping products has been upheld by a judge who dismissed a lawsuit that claimed the new law was constitutionally flawed.

The action by lawmakers amounted to a “legitimate state interest” and was “well within the scope of the General Assembly’s police power over the health and safety” of Kentucky citizens, Franklin County Circuit Judge Thomas Wingate said in his ruling Monday.

Under the measure, vaping products not granted authorization by the Food and Drug Administration would be kept out of Kentucky stores in what supporters have promoted as an effort to reduce youth vaping. It would have no impact on FDA-authorized products or those that come under the FDA’s safe harbor rules, supporters have said.

The measure won passage this year in the state’s Republican supermajority legislature and was signed by Democratic Gov. Andy Beshear. The law takes effect at the start of 2025.

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Opponents including vape retailers immediately filed the lawsuit challenging the legislation. During the legislative session, lawmakers opposing the measure called it an example of government overreach. Vape retailers warned the restrictions would jeopardize their businesses.

The suit claimed the measure was unconstitutionally arbitrary, an argument rejected by the judge. Wingate sided with arguments from the law’s defenders, who said the regulation of vaping products is a proper subject for legislative action since it deals with the health and safety of Kentuckians.

“The sale of nicotine and vapor products are highly regulated in every state, and the Court will not question the specific reasons for the General Assembly’s decision to regulate and limit the sale of nicotine and vapor products,” the judge said.

“The regulation of these products directly relates to the health and safety of the Commonwealth’s citizens, the power of which is vested by the Kentucky Constitution in the General Assembly,” he added.

Plaintiffs also claimed the measure violated a state constitutional provision limiting legislation to only the subject expressed in its title. They said the title dealt with nicotine-only products while the legislation contained references to products of “other substances.” In rejecting that argument, the judge said the title “more than furnishes a clue to its contents and provides a general idea of the bill’s contents.”

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Republican state Rep. Rebecca Raymer has said she filed the measure in response to the state’s “vaping epidemic” and, in particular, complaints about how rampant vaping has become in schools. In a release Tuesday, Raymer said she was pleased with the ruling.

“If a product can’t get authorized or doesn’t fall under the FDA’s safe harbor rules, we don’t know if the ingredients are safe, where they’re from or what impact they will have on a user’s health,” she said.

Kentucky Attorney General Russell Coleman’s office defended the measure. The ruling reaffirmed that the legislature is empowered to make laws protecting Kentuckians’ health, Coleman said Tuesday.

A group representing Kentucky vape retailers did not immediately respond to an email seeking comment.

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Kentucky Republican Rep. Thomas Massie introduces legislation for U.S. to leave NATO – UPI.com

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Kentucky Republican Rep. Thomas Massie introduces legislation for U.S. to leave NATO – UPI.com


Dec. 10 (UPI) — U.S. Rep. Thomas Massie, a Republican serving a House district in Kentucky, introduced legislation for the United States to pull out of NATO.

Rep. Anna Paulina Luna, a Republican from Florida, posted on X that she would be a co-sponsor of the Not a Trusted Organization Act, or NATO Act. Utah Republican Mike Lee introduced the same legislation in the Senate earlier this year.

“NATO is a Cold War relic,” Massie said in a statement Tuesday. “We should withdraw from NATO and use that money to defend our own country, not socialist countries.

“NATO was created to counter the Soviet Union, which collapsed over 30 years ago. Since then, U.S. participation has cost taxpayers trillions of dollars and continues to risk U.S. involvement in foreign wars.”

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He added: “Our Constitution did not authorize permanent foreign entanglements, something our Founding Fathers explicitly warned us against. America should not be the world’s security blanket – especially when wealthy countries refuse to pay for their own defense.”

NATO was founded in 1949 by 12 members as a military alliance involving European nations, as well as the U.S. and Canada in North America. There are now 32 members, with Finland joining in 2023 and Sweden in 2024.

The NATO Act would prevent the use of U.S. taxpayer funds for NATO’s common budgets, including its civil budget, military budget and the Security Investment Program.

Article 13 of the North Atlantic Treaty allows nations to opt out.

“After the Treaty has been in force for 20 years, any Party may cease to be a Party one year after its notice of denunciation has been given to the Government of the United States of America, which will inform the Governments of the other Parties of the deposit of each notice of denunciation,” the treaty reads.

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During the last NATO summit in The Hague, the Netherlands, President Donald Trump told reporters he agrees with NATO’s Article 5 mutual defense treaty.

“I stand with it. That’s why I’m here,” Trump said. “If I didn’t stand with it, I wouldn’t be here.”

Article 5 was invoked for the first time after the 9/11 attacks in the United States, leading to NATO’s involvement in Afghanistan.

The Kentucky Republican, who calls himself a “fiscal hawk” and a “constitutional conservative,” has been at odds with Trump on several issues, including fiscal spending, foreign policy/war powers, government surveillance and transparency.

Trump has also been critical of NATO.

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During his 2016 election campaign, Trump called the alliance “obsolete.”

He urged nations to spend at least 3.5% of gross domestic product on core defense needs by 2035.

In June, NATO allies agreed to a new defense spending guideline to invest 5% of GDP annually in defense and security by 2035.

Five nations were above 3% in 2024: Poland at 4.12%, Estonia at 3.43%, U.S. at 3.38%, Latvia at 3.15% and Greece at 3.08%. In last is Spain with 1.28% though Iceland has no armed forces and Sweden wasn’t listed.

Some Republican senators want stronger involvement in the alliance, including Joni Ernst of Iowa and Sen. Roger Wicker of Mississippi. Wicker is chairman of the Senate Armed Services Committee.

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For passage, a House majority is needed, but 60 of 100 votes in the Senate to break the filibuster and then a majority vote. Trump could also veto the bill.



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Officials: Evansville man fatally shot student at Kentucky college

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Officials: Evansville man fatally shot student at Kentucky college


Police in Frankfort, Kentucky say an Evansville man shot two Kentucky State University students on campus Tuesday afternoon, killing one and injuring another.

City officials identified the alleged shooter as 48-year-old Jacob Lee Bard in a news release Tuesday evening. Franklin County Regional Jail records showed Bard has been arrested on preliminary charges of murder and first-degree assault.

The two victims hadn’t been identified as of Tuesday night. Authorities didn’t divulge Bard’s relationship to the victims, why he was on campus, or what may have transpired leading up to the shooting, which took place about 175 miles from Evansville. Bard isn’t a student at the university.

According to a Frankfort news release, officers were dispatched to a campus dorm just before 3:15 p.m. EDT after a report of a shooting.

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“Two individuals suffered gunshot wounds and were transported to a local hospital by Frankfort Fire and EMS,” the release states.

One of the victims died at the hospital. A release from KSU stated that the second student remained in stable but critical condition as of Tuesday night.

KSU officials are suspending all classes, final exams and campus activity for the rest of the week.

“Students may return home if they choose,” the release states. “… Counseling and support services continue to be available for students, faculty, and staff who may be impacted by this event.”

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Kentucky native George Clooney nominated for 83rd Golden Globe Awards

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Kentucky native George Clooney nominated for 83rd Golden Globe Awards


Kentucky native George Clooney is in the running for a 2026 Golden Globe Award for his leading role in the feature length film, “Jay Kelly.”

For his role as an aging megawatt movie star searching to add meaning to his life beyond the silver screen, Clooney was nominated in the category for Best performance by a male actor in a motion picture (musical or comedy).

The Hollywood Foreign Press Association announced nominees for the 83rd Annual Golden Globes on Dec. 9.

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Also nominated in the category are Ethan Hawke for “Blue Moon,” Jesse Plemons for “Bugonia,” Lee Byung-hun for “No Other Choice,” Leonardo DiCaprio for “One Battle After Another” and Timothée Chalamet for “Marty Supreme.”

Clooney’s recognition for “Jay Kelly” is his 14th Golden Globe nomination, which includes three wins for “O Brother, Where Art Thou?,” “Syriana,” and “The Descendants,” plus a Cecil B. DeMille Lifetime Achievement Award in 2015.

In “Jay Kelly,” Clooney’s agent is played by Adam Sandler, who is also nominated for a 2026 Golden Globe in the category “Best performance by a male actor in a supporting role in any motion picture.”

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The 83rd Golden Globe Awards will be held Sunday, Jan. 11, 2026 in Beverly Hills, California. The event will air live on CBS and stream on Paramount+. Comedian Nikki Glaser is returning as host for the second consecutive year.

Reach features reporter Kirby Adams at kadams@courier-journal.com.





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