Good morning, and welcome to RedState's "Morning Minute" — a brief glimpse at which stories are trending at the moment and a look ahead at what the day may bring. Consider this your one-stop shop for news to kickstart your day.
TOP O' THE MORNIN'
Karma Is a Female Dog: Trump Hater Gets His Just Rewards in Hysterical Video
Welcome to karma, beta-Man with your useless mask and intolerant hatred. Have a nice day.
Big News for Trump in Pennsylvania, As His Momentum Continues to Build
Trump is the most known commodity on the planet, and the more people learn about Harris, the less they like her. One thing is for sure. This is going to be an exciting election night.
Shannon Bream Just Bodies Tim Walz on Border, Abortion and 'Misspeaking' During Fox Interview
Naturally, he didn't really answer any of the questions and just lied his head off. But in this case, unlike probably some of the other interviews, Shannon Bream came back at him on some of the issues.
WHAT'S ON TAP?
Today on Capitol Hill...
The critters, of course, remain free-range ahead of November's election. House Speaker Mike Johnson did stop by ABC News' "This Week" to ruffle George Stephanopoulos' feathers on Sunday.
On NBC News' "Meet the Press," Senator Tom Cotton (R-AR) shared his thoughts on Special Counsel Jack Smith's latest legal filing, characterizing it as "a temper tantrum from a deranged fanatic."
White House What's Up
Well, that's a good question. There...is nothing on President Joe Biden's public schedule for Monday aside from receiving the Daily Brief.
The Homestretch
On Monday afternoon, Vice President Kamala Harris and Second (not a) Gentleman Doug Emhoff will plant a memorial tree on the grounds of the Vice Presidential Residence to mark the one-year anniversary of the horrific October 7 attacks in Israel. After that, Harris will depart for New York. Harris running mate, Tim Walz, is in Los Angeles and will be appearing on Jimmy Kimmel's show Monday evening.
Former President Donald Trump is also in New York and will be visiting "the Ohel, the gravesite of the Rebbe at the Old Montefiore Cemetery in Queens, New York, to commemorate the first anniversary of October 7, 2023." His running mate, Ohio Senator JD Vance, will be in Charlotte, North Carolina, on Monday.
Full Court Press...
It's the first Monday in October, which means the Supreme Court is back in session. The first set of oral arguments will be heard today:
Nancy Williams and others brought suit under Section 1983 in Alabama state court, complaining about delays in the processing of unemployment benefits. The Alabama Supreme Court affirmed the trial court’s dismissal of the case, holding that the Alabama “Legislature has prohibited courts from exercising jurisdiction over the plaintiffs’ claims at this stage” before the claimants had exhausted their administrative remedies.
Before the Supreme Court, Williams contends that exhaustion of administrative remedies is not required under Section 1983, and that the Alabama court’s decision to the contrary conflicts with decisions of the Supreme Court and other state high courts.
Whether exhaustion of state administrative remedies is required to bring claims under 42 U.S.C.§ 1983 in state court.
Royal Canin U.S.A., Inc. v. Wullschleger —
Anastasia Wullschleger’s dog, Clinton, suffered from health problems. So also for Geraldine Brewer’s cat, Sassie. Veterinarians recommended they be fed specialized food available only by prescription. While the prescription food contained different ingredients than regular pet food, it included no medication. Wullschleger and Brewer brought a putative class action in Missouri state court, alleging that the “prescription” designation is misleading because the Food and Drug Administration never evaluated the product, and that they were injured by the food’s higher price. They alleged violation of Missouri’s antitrust and consumer-protection laws, and that defendants had been unjustly enriched, among other things.
Royal Canin and Purina, the pet-food makers, removed the case to federal court, arguing that the antitrust and unjust enrichment claims implicated federal law issues. Wullschleger and Brewer amended the complaint to eliminate all references to federal law and sought to have the case remanded to state court. The district court refused, but the U.S. Court of Appeals for the 8th Circuit agreed and ordered remand. Royal Canin and Purina now petition for review, arguing that the 8th Circuit “departed from uniform law in all other circuits,” which it says does not permit plaintiffs to amend their way out of federal court back into state court.
1. Whether such a post-removal amendment of the complaint defeats federal question subject-matter jurisdiction.
2. Whether such a post-removal amendment of the complaint precludes a district court from exercising supplemental jurisdiction over the plaintiff's remaining state-law claims pursuant to 28 U.S.C. § 1367.
We noted on Friday that Sean "Diddy" Combs' criminal case has been reassigned to Judge Arun Subramanian. A status conference is now set in that one on Thursday.
MORNING MUSING
I'm late with this morning's minute for a couple of reasons. First, with the Supreme Court taking up arguments again, I had to take a bit more time on the Full Court Press section. But second, on some level, I've been avoiding getting to the musing because I know it's going to make my heart ache. It's hard to believe it's been a full year since that awful, fateful day. Even as I watched it unfold from afar, I felt physically ill at the horror with which the world was confronted. I don't understand, and I never will. All I can do is pray to God for peace for those who lost their lives, for the return of the remaining hostages, and for healing for all of those wounded — physically, psychologically, spiritually — by the evil unleashed that day. Am Israel chai.
LIGHTER FARE
Sunday night provided another great Northern Lights show for much of the northern U.S. — even Clarksville, Missouri, got in on the action.
ARE YOU SERIOUS? Unedited iPhone shot. RIGHT NOW! pic.twitter.com/se96l74so0
— Alex Resel 📸 (@aresel_) October 7, 2024
Beautiful red pillars now in Clarksville, MO! #aurora @Vincent_Ledvina @AuroraNotify @TamithaSkov pic.twitter.com/U1zREcf0Vn
— Steven Walchli (@swalchliwx) October 7, 2024
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