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Afternoon Briefs: COVID-19 cited in halt to execution; 'not qualified' Jones Day associate confirmed to bench

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Judge delays execution after lawyers contract COVID-19

U.S. District Judge Randolph Moss has delayed the federal execution of Lisa Montgomery because her lawyers contracted COVID-19 after visiting her in prison. The lawyers, Amy Harwell and Kelley Henry, “remain very ill today,” and they are unable to prepare a clemency petition, Moss wrote in a Nov. 19 opinion. The ABA had asked President Donald Trump to delay the execution of Montgomery and two other federal inmates because of a surge in COVID-19 cases that is affecting due process. Montgomery was convicted in 2007 for strangling a woman and cutting an unborn baby from her womb (Fox News, Randolph’s opinion and order)

Judge accuses Trump administration of running clock

U.S. District Judge Nicholas Garaufis on Wednesday questioned why the federal government has not begun accepting applications for the program that defers deportation for some younger immigrants. The U.S. Supreme Court ruled in June that the government had failed to provide a reasoned explanation for its decision to end the program, Deferred Action for Childhood Arrivals. Garaufis said the Trump administration appeared to be “running out the clock” to avoid issuing work permits to the immigrants. “You are not entitled to manufacture your own law,” Garaufis said. Garaufis had ruled on Saturday that Chad Wolf, the acting U.S. Department of Homeland Security secretary, didn’t have the authority to suspend the program because he was unlawfully appointed. (The Washington Post)

Jones Day associate, 33, is confirmed to federal bench

A Jones Day associates has been confirmed to the federal bench despite a “not qualified” rating by the ABA Standing Committee on the Federal Judiciary. Kathryn Kimball Mizelle was confirmed to the U.S. District Court for the Middle District of Florida on Wednesday. The standing committee said Mizelle had “a very keen intellect” but she lacked courtroom experience. Some publications say Mizelle is 33; says she was 33 during her nomination hearing. (, Law360, Reuters Legal)

33 states and DC agree to deal over iPhone throttling

Apple has agreed to pay $113 million to resolve an investigation into misrepresentations regarding iPhone throttling, which reduced cellphone performance to prevent automatic shutdowns. Apple reached the deal with 33 states and the District of Columbia. Some consumers contended the throttling was intended to get them to buy new iPhones. Apple has reached a separate $500 million settlement in a consumer class action. (Reuters,

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