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California “Women on Boards” Law Ruled Unconstitutional, but California Will Appeal

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California “Women on Boards” Law Ruled Unconstitutional, but California Will Appeal


Final Friday, the Los Angeles Superior Court docket in Crest et al. v. Padilla (“Crest”) held that Senate Invoice 826 (“SB 826”), also called the “Girls on Boards” legislation, is unconstitutional.  The lawsuit difficult the legislation was introduced by DC-based nonprofit Judicial Watch on behalf of California taxpayers.  Earlier this week, the state introduced that it could attraction the choice.

SB 826, which Governor Jerry Brown signed in 2018, mandates that publicly held firms headquartered in California (even when included elsewhere) have a minimal variety of feminine administrators on their Boards of Administrators, with no less than three feminine administrators if the company has no less than six administrators in whole.  Whereas violations of this legislation are punishable by fines of as much as $300,000, the state has not fined an organization below this legislation.

In Crest, the Court docket discovered that SB 826 violates the state structure’s Equal Safety Clause by treating teams of individuals otherwise based mostly on intercourse.  As a result of the California state structure requires that legal guidelines that differentiate based mostly on intercourse should survive “strict scrutiny” overview, the challenged legislation should not solely serve a compelling authorities curiosity but in addition be “narrowly tailor-made” to that curiosity.  Because of this the state should present that there isn’t a solution to obtain its acknowledged objectives with out differentiating based mostly on suspect classifications.

The Court docket discovered the state’s justifications for the legislation had been unpersuasive, together with the state’s reliance on research displaying that extra girls on company boards enhance company efficiency and enhance the state financial system.  The Court docket famous various steps the state might take to enhance the state’s financial system with out discriminating based mostly on intercourse, and thus SB 826 couldn’t be narrowly tailor-made for that function.

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This choice follows on the heels of a California courtroom’s ruling placing down as unconstitutional below the Equal Safety Clause an identical legislation that required firms headquartered in California to have no less than one minority or LGBTQ+ director on their boards.

This choice may impression judicial overview of a Nasdaq rule, accepted by the Securities and Change Fee, that can require corporations listed on Nasdaq’s change to have no less than one feminine director and no less than one director “who self-identifies as a number of of the next: Black or African American, Hispanic or Latinx, Asian, Native American or Alaska Native, Native Hawaiian or Pacific Islander, or Two or Extra Races or Ethnicities” or as LGBTQ+, or clarify why they don’t.  The Nasdaq rule is at present dealing with a authorized problem within the Fifth Circuit within the type of a petition for overview filed by the Alliance for Honest Board Recruitment.

We’ll proceed to watch the Crest choice and supply any related updates.

 


© 2022 Proskauer Rose LLP.
Nationwide Legislation Evaluate, Quantity XII, Quantity 140

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California

SpaceX launches 20 Starlink satellites from California (photos)

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SpaceX launches 20 Starlink satellites from California (photos)


SpaceX launched another batch of its Starlink internet satellites to orbit early Sunday morning (Nov. 24).

A Falcon 9 rocket carrying 20 Starlink spacecraft — 13 of which are capable of beaming service directly to smartphones — lifted off from California’s Vandenberg Space Force Base on Sunday at 12:25 a.m. EST (0525 GMT; 9:25 p.m. on Nov. 23 local California time). 

The Falcon 9’s first stage returned to Earth about eight minutes after liftoff as planned, touching down on the SpaceX droneship “Of Course I Still Love You” in the Pacific Ocean.

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The first stage of a SpaceX Falcon 9 rocket rests on the deck of a droneship shortly after launching 20 Starlink internet satellites to orbit from California’s Vandenberg Space Force Base on Nov. 24, 2024. (Image credit: SpaceX)

It was the 15th launch and landing for this particular booster, according to a SpaceX mission description. Twelve of those flights have been Starlink missions.

The Falcon 9’s upper stage hauled the 20 Starlink satellites to low Earth orbit, deploying them there about an hour after liftoff as planned, SpaceX reported in a post on X.

Sunday’s launch was the 115th Falcon 9 flight of the year. Nearly 70% of those liftoffs have been devoted to building out Starlink, the largest satellite constellation ever assembled.

The megaconstellation currently consists of more than 6,600 active satellites, and, as Sunday’s mission shows, it’s growing all the time.



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Northern California driver dies after vehicle found in floodwaters, 1 other found dead

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Northern California driver dies after vehicle found in floodwaters, 1 other found dead


PIX Now morning edition 11-23-24

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PIX Now morning edition 11-23-24

09:29

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SONOMA COUNTY – A man died when he was found in a flooded vehicle after an atmospheric river dumped heavy rain in Northern California, authorities said.

In Sonoma County’s Guerneville, first responders responded to a report around 11:30 a.m. Saturday for a vehicle that was seen in floodwaters near Mays Canyon Road and Highway 116.

The caller believed that at least one person was inside the vehicle.

When crews arrived, they said the vehicle was recovered but a man was pronounced dead at the scene. He has not been identified.

The Russian River, which flows through Guerneville, reached the flood stage on Friday evening and exceeded what was forecasted.

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This area went into a flood warning around 2 p.m. Friday and was still in place as of Saturday afternoon.

Guerneville is about 75 miles north of San Francisco.

Around 8:45 a.m. Saturday in Santa Rosa, a man was found dead in Piner Creek just south of Guerneville Road, the police department said. His death is being investigated. 

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Laura Richardson completes a political comeback, winning tight race to represent South L.A. in the California Capitol

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Laura Richardson completes a political comeback, winning tight race to represent South L.A. in the California Capitol


Laura Richardson emerged the victor of the competitive, costly and feisty election to win a South Los Angeles seat in the state Senate — completing her political comeback more than 10 years after a tumultuous tenure in the House of Representatives.

Richardson narrowly won the race against Michelle Chambers, a community justice advocate who faced accusations of misconduct in prior public office. The Associated Press called the race Friday after weeks of ballot counting.

The contest between two Democrats with similar social policies but differing views on crime and business attracted huge spending by special interests.

Independent expenditure committees poured more than $7.6 million into the race, making it the most expensive election for state Legislature this year, according to California Target Book, a political database. Negative campaigning dominated the race as business interests and labor unions battled for their favored candidate.

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Richardson, a moderate Democrat, will join a Democratic supermajority in the Legislature. But Republicans are on track to flip three legislative seats this year, one in the Senate and two in the Assembly.

Richardson’s biggest supporters were businesses, including PACs funded by oil companies, and law enforcement associations that said they advocated for candidates who shared their beliefs on free enterprise and public safety. Meanwhile, Chambers’ biggest portion of support came from healthcare workers and teachers unions, who spent millions of dollars backing her.

Chambers wrote in a statement she was “proud of the campaign we ran,” thanking supporters who canvassed, phone-banked or cast votes for her “vision of better jobs, better wages and a California that works for everybody, not just the wealthy and well-connected.”

“This was the closest state senate race in the state, but unfortunately it appears that we will fall just short of victory,” she added. “Our people-powered efforts were not quite enough to overcome millions of dollars in outside spending on lies from the oil and tobacco industry and their allies.“

Richardson will succeed Sen. Steven Bradford (D-Gardena) in the 35th District, which encompasses the cities of Carson, Compton and stretches down to the harbor. Bradford, who had endorsed Chambers, said he believed both candidates were “qualified to do the job.”

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Bradford, who championed reparations legislation during his tenure, hoped the future senator would be “willing to meet with all factions of the community, because it’s a great diverse need in this district.”

“I’m also deeply sad to see how negative this campaign was, probably one of the most negative campaigns I’ve experienced in my 30-plus years of being involved with elections,” he said. “I just hope that we can come together after such a negative campaign, regardless of who the victor is, and understand that we have to work together.”

Richardson and Chambers took aim at each other’s past controversies. For Chambers, who had picked up the endorsement of various state and local elected officials, opposition groups seized on a criminal misdemeanor charge from 30 years ago. She was also accused of bullying and intimidation from her time as a Compton City Council member, allegations that she has repeatedly denied.

Richardson faced criticism over her tenure in Congress, where a House Ethics Committee investigation found her guilty in 2012 of compelling congressional staff to work on her campaign. The committee report also accused Richardson of obstructing the committee investigation “through the alteration or destruction of evidence” and “the deliberate failure to produce documents.”

Richardson admitted to wrongdoing, according to the report, and accepted a reprimand and $10,000 fine for the violations. She previously said that during her time in Congress, Republicans frequently targeted members of the Black Caucus. After she lost her reelection bid for a fourth term, Richardson said she worked at an employment firm to improve her managerial skills and has recognized previous mistakes.

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“It’s been said voters are very forgiving, and if you stand up and you accept responsibility and you improve in the work that you do — we need people who’ve been through things, who understand what it’s like to have had difficulties,” she previously told The Times. “And so that’s exactly what I did. I didn’t shy away from it.”



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