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Supreme Court rejects challenge to state’s abortion law over medical exceptions
Headline News |
2024/05/31 21:53
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The Texas Supreme Court on Friday rejected a challenge to one of the most restrictive abortion bans in the U.S. following a lawsuit by women who had serious pregnancy complications.
The ruling from the court, whose nine justices are all elected Republicans, is the latest decision to uphold Texas’ abortion ban, which critics say does not offer enough clarity over when exceptions are allowed.
“Texas law permits a life-saving abortion,” the court wrote in the order signed by Republican Justice Jane Bland.
Last summer, state District Judge Jessica Mangrum had granted a temporary injunction preventing Texas from enforcing the ban against doctors who in their “good faith judgment” ended a pregnancy that they determined was unsafe because of complications. But that was immediately blocked by an appeal from the Texas attorney general’s office to the state’s Supreme Court.
The lawsuit filed in March 2023 didn’t seek to repeal Texas’ abortion ban, but instead aimed to force more clarity on when exceptions are allowed.
It argued that exemptions under the law, which allow an abortion to save a mother’s life or prevent the impairment of a major bodily function, are written too vaguely and create confusion among doctors, who were turning away some pregnant women experiencing health complications because they feared repercussions.
The plaintiffs said the abortion ban has made medical professionals wary of facing liability if the state does not consider the situation a medical emergency.
But the Texas Supreme Court also declined to offer clarity on the exemptions late last year after Kate Cox, a mother of two from Dallas, sued the state for the right to obtain an abortion after her fetus developed a fatal condition and she made multiple trips to an emergency room. Cox ended up leaving the state for an abortion before the court ruled that she hadn’t shown her life was in danger. The court called on the state medical board to offer more guidance.
The medical board’s proposed guidelines, unveiled earlier this year, offered little beyond advising doctors to meticulously document their decision-making. And Texas’ Republican-led Legislature is not expected to make any changes to the law’s language.
The lead plaintiff in the case, Amanda Zurawski, had been told that she had a condition that meant her baby would not survive. But the Austin woman was forced to wait until she was diagnosed with a life-threatening case of sepsis before being provided an abortion. Zurawski spent three days in intensive care and was left with a permanently closed fallopian tube from the infection, which affects her ability to have more children.
Under the law in Texas, doctors who perform abortions risk life in prison, fines of up to $100,000 and revocation of their state medical licenses. Opponents say that has left some women with providers who are unwilling to even discuss terminating a pregnancy.
Most Republican-controlled states have started enforcing new bans or restrictions on abortion since the U.S. Supreme Court in 2022 overturned Roe v. Wade, which for nearly 50 years had affirmed the constitutional right to an abortion.
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Abortion consumes US politics, courts two years after SCOTUS draft leak
Headline News |
2024/05/07 19:36
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Two years after a leaked draft of a U.S. Supreme Court opinion signaled that the nation’s abortion landscape was about to shift dramatically, the issue is still consuming the nation’s courts, legislatures and political campaigns — and changing the course of lives.
On Wednesday, a ban on abortion after the first six weeks of pregnancy, often before women realize they’re pregnant, took effect in Florida, echoing laws in two other states. In Arizona, meanwhile, lawmakers voted to repeal a total ban on abortion dating back to 1864, decades before Arizona became a state — and the governor signed it a day later. Also this week, the Kansas Legislature increased funding for anti-abortion centers, while advocates in South Dakota submitted the required number of signatures for a ballot measure to enshrine abortion rights in the state constitution.
The status of abortion in states across the country has changed constantly, with lawmakers passing measures and courts ruling on challenges to them. Currently, 14 states are enforcing bans on abortion at all stages of pregnancy, with limited exceptions. Most Democratic-led states, meanwhile, have taken steps to preserve or expand access.
“Some of it’s exactly what we knew would happen,” said David Cohen, a professor at the Thomas R. Kline School of Law at Drexel University who studies abortion policy, “and others have been big surprises that have put, frankly, the anti-abortion movement on their heels.”
Although more than 20 states have begun enforcing abortion bans of varying degrees since the Supreme Court overturned Roe v. Wade in June 2022, studies have found that the number of monthly abortions nationally is about the same — or higher — than it was before the ruling. Asked to weigh in on the emotional debate, voters have supported the position favored by abortion rights advocates on all seven statewide ballot measures since then.
The Supreme Court’s decision in the Dobbs v. Jackson Women’s Health Organization case was released officially on June 24, 2022, upending nearly 50 years of abortion being legal nationwide. But the world caught a glimpse of it about six weeks earlier, on May 2, after a news outlet published a leaked draft.
“With the Dobbs decision, the will of the people is now able to be adhered to,” said Stephen Billy, vice president of state affairs for Susan B. Anthony Pro-Life America. He said abortion rights supporters have sought to create uncertainty about laws he says are clear — especially with assertions that the bans bar abortion in medical emergencies: “They’ve tried to sow political division just to advance their policy agenda,” he said.
At the time Politico published the leaked draft, Amanda Zurawski was undergoing fertility treatment and was about two weeks away from learning she was finally pregnant. The Austin, Texas, woman had always supported abortion rights, and was mad that the right to abortion was on the verge of disappearing. But she didn’t expect a direct impact in her life.
That changed months later when she was denied an abortion despite a premature rupture of membranes, which can lead to dangerous internal bleeding. Days later, she was diagnosed with sepsis, a life-threatening reaction to infection. Her daughter, Willow, was ultimately aborted, but Zurawski nearly died in the process because of the delay. |
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Judge in Trump case orders media not to report where potential jurors work
Headline News |
2024/04/19 17:20
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The judge in Donald Trump’s hush money trial ordered the media on Thursday not to report on where potential jurors have worked and to be careful about revealing information about those who will sit in judgment of the former president.
Judge Juan Merchan acted after one juror was dismissed when she expressed concerns about participating in the trial after details about her became publicly known.
The names of the jurors are supposed to be a secret, but the dismissed juror told Merchan she had friends, colleagues and family members contacting her to ask whether she was on the case. “I don’t believe at this point I can be fair and unbiased and let the outside influences not affect my decision-making in the courtroom,” she said.
Merchan then directed journalists present in the courthouse not to report it when potential jurors told the court their specific workplaces, past or present. That put journalists in the difficult position of not reporting something they heard in open court.
Some media organizations were considering whether to protest having that onus placed on them. Generally, the First Amendment of the U.S. Constitution bars judges from ordering journalists not to disclose what they hear and see in courtrooms open to the public, though there are exceptions, such as when military security is at stake.
New York criminal defense lawyer Ron Kuby said that while judges typically can’t control what the media reports, other options are available to protect juror anonymity, including restricting what reporters see and hear in the courtroom.
“There are actions the judge could take,” he said. “Courts have extraordinary powers to protect jurors from tampering and intimidation. It is really where a court’s power is at its peak.”
The court action underscored the difficulty of trying to maintain anonymity for jurors in a case that has sparked wide interest and heated opinions, while lawyers need to sift through as much information as possible in a public courtroom to determine who to choose.
Despite the setback, 12 jurors were seated by the end of Thursday for the historic trial. Trump is charged with falsifying his company’s business records to cover up an effort during the 2016 presidential election campaign to squash negative publicity about alleged marital infidelity. Part of the case involves a $130,000 payment made to porn actor Stormy Daniels to prevent her from making public her claims of a sexual meeting with Trump years earlier. Trump has denied the encounter.
New York state law requires trial attorneys to get the names of jurors, but the judge has ordered the lawyers in Trump’s case not to disclose those names publicly. The jurors’ names haven’t been mentioned in court during three days of jury selection.
Still, enough personal information about the jurors was revealed in court that people might be able to identify them anyway.
Some news organizations described details including what Manhattan neighborhoods potential jurors lived in, what they did for a living, what academic degrees they had earned, how many children they had, what countries they grew up in and what their spouses did for a living.
On Fox News Channel Wednesday night, host Jesse Watters did a segment with a jury consultant, revealing details about people who had been seated on the jury and questioning whether some were “stealth liberals” who would be out to convict Trump. |
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Alabama woman who faked kidnapping pleads guilty to false reporting
Headline News |
2024/03/22 19:08
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An Alabama woman who claimed she was abducted after stopping her car to check on a wandering toddler pleaded guilty on Thursday to charges of giving false information to law enforcement.
News outlets reported that Carlee Russell pleaded guilty to misdemeanor charges of false reporting to law enforcement and falsely reporting an incident. She was given a suspended six-month sentence which will allow her to avoid jail. She was ordered to pay more than $17,000 restitution.
Her two-day disappearance, and her story of being abducted alongside an interstate highway, captivated the nation before police called her story a hoax.
Russell, accompanied to court by her family and defense lawyers, apologized for her actions.
“I want to genuinely apologize for my actions. I made a grave mistake while trying to fight through various emotional issues and stress. I’m extremely remorseful for the panic, fear and various range of negative emotions that were experienced across the nation,” Russell said according to WBRC.
Russell disappeared July 13 after calling 911 to report a toddler beside a stretch of Interstate 459 in the Birmingham suburb of Hoover. She returned home two days later and told police she had been abducted and forced into a vehicle.
Police quickly cast doubt on Russell’s story. Her attorney issued a statement through police acknowledging there was no kidnapping and that she never saw a toddler. In the statement, Russell apologized to law enforcement and the volunteers who searched for her.
The Alabama attorney general’s office had argued that Russell should spend time in jail because of the time and energy that law enforcement spent in looking for her.
Jefferson County Circuit Judge David Carpenter told Russell that while her actions caused panic and disruption in the community that it would be a “waste of resources” to put her in jail for misdemeanors, news outlets reported.
Katherine Robertson, Chief Counsel in the Alabama attorney general’s office, said Thursday that they “are disappointed, but not surprised” that Russell did not get the requested jail time. |
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Dani Alves found guilty of rape, sentenced to four and a half years in prison
Headline News |
2024/02/23 22:54
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Dani Alves, one of the most successful soccer players of his generation, was found guilty of raping a woman in a Barcelona nightclub and sentenced to four years and six months in prison on Thursday.
The former Brazil and Barcelona right back was convicted in Spain under a new sexual liberty law that emphasizes the lack of consent of the victim as key to determining sex crimes.
A three-judge panel at the Barcelona Provincial Court convicted the 40-year-old Alves of sexual assault for the incident on Dec. 31, 2022.
The court ordered Alves to pay 150,000 euros ($162,000) in compensation to the victim, banned him from approaching the victim’s home or place of work, and from communicating with her by any means for nine years.
“I still believe in the innocence of Mr. Alves,” Inés Guardiola, Alves’ lawyer, said. “I need to study the ruling, but I can tell you that of course we will appeal.”
Guardiola said Alves was “calm and collected” when he heard the verdict in court.
“We are satisfied,” David Sáenz, a member of the victim’s legal team, said, “because this verdict recognizes what we have always known, that the victim told the truth and that she has suffered.”
The victim’s lawyer, Ester García, said on Wednesday she and her client would not be present for the verdict.
The victim said Alves raped her in the bathroom of a Barcelona nightclub on the morning of Dec. 31, 2022. The court considered it proven that the victim did not consent to sex and there was evidence, in addition to the defendant’s testimony, that she was raped.
Alves denied during the three-day trial this month that he raped the woman, testifying to the court “I am not that kind of man.”
State prosecutors had sought a nine-year prison sentence for Alves while the lawyers representing his accuser wanted 12 years. His defense asked for his acquittal, or if found guilty a one-year sentence plus 50,000 euros compensation for the victim.
The sentence of four years and six months is near the lowest sentence for a rape conviction, which when the rape took place was penalized by four to 12 years under Spanish law. That has since been modified to six to 12 years. The court in its sentence said it considered favorably for Alves that he had “before the trial paid the court 150,000 euros to be given to the victim without any conditions attached.”
Sáenz said his legal team did not agree with the application of the extenuating circumstance, saying the money did not compensate the harm done to their client. During the trial, medical experts testified she was suffering from post-traumatic stress. |
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Man sentenced to death for arson attack at Japanese anime studio that killed 36
Headline News |
2024/01/23 08:15
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A Japanese court sentenced a man to death after finding him guilty of murder and other crimes Thursday for carrying out an arson attack on an anime studio in Kyoto that killed 36 people.
The Kyoto District Court said it found the defendant, Shinji Aoba, mentally capable to face punishment for his crimes and announced the sentence of capital punishment after a recess in a two-part session on Thursday.
Aoba stormed into Kyoto Animation’s No. 1 studio on July 18, 2019, and set it on fire. Many of the victims were believed to have died of carbon monoxide poisoning. More than 30 other people were badly burned or injured.
Judge Keisuke Masuda said Aoba had wanted to be a novelist but was unsuccessful and so he sought revenge, thinking that Kyoto Animation had stolen novels he submitted as part of a company contest, according to NHK national television.
NHK also reported that Aoba, who was out of work and struggling financially after repeatedly changing jobs, had plotted a separate attack on a train station north of Tokyo a month before the arson attack on the animation studio.
Aoba plotted the attacks after studying past criminal cases involving arson, the court said in the ruling, noting the process showed that Aoba had premeditated the crime and was mentally capable.
“The attack that instantly turned the studio into hell and took the precious lives of 36 people, caused them indescribable pain,” the judge said, according to NHK. During the trial, Aoba told the victims’ families that he was sorry, but he did not show sincere regret or face their sufferings fully, and there was little hope for correction, the ruling said.
Aoba, 45, was severely burned and was hospitalized for 10 months before his arrest in May 2020. He appeared in court in a wheelchair.
His defense lawyers argued he was mentally unfit to be held criminally responsible.
About 70 people were working inside the studio in southern Kyoto, Japan’s ancient capital, at the time of the attack. One of the survivors said he saw a black cloud rising from downstairs, then scorching heat came and he jumped from a window of the three-story building gasping for air.
The company, founded in 1981 and better known as KyoAni, made a mega-hit anime series about high school girls, and the studio trained aspirants to the craft.
Japanese media have described Aoba as being thought of as a troublemaker who repeatedly changed contract jobs and apartments and quarreled with neighbors. The fire was Japan’s deadliest since 2001, when a blaze in Tokyo’s congested Kabukicho entertainment district killed 44 people.
Chief Cabinet Secretary Yoshimasa Hayashi said the Kyoto Animation attack was “a highly tragic case” and that the government has since stepped up restrictions on gasoline sales, including mandatory identification checks of purchasers. Hayashi, however, declined to comment on the death penalty ruling. |
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India court restores life prison sentences for 11 Hindu men
Headline News |
2024/01/09 00:07
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India’s top court on Monday restored life prison sentences for 11 Hindu men who raped a Muslim woman during deadly religious rioting two decades ago and asked the convicts to surrender to the authorities within two weeks.
The Hindu men were convicted in 2008 of rape and murder. They were released in 2022 after serving 14 years in prison.
The victim, who is now in her 40s, was pregnant when she was brutally gang-raped in 2002 in western Gujarat state during communal rioting that was some of India’s worst religious violence with over 1,000 people, mostly Muslims, killed.
Seven members of the woman’s family, including her 3-year-old daughter, were killed during the riots. The Associated Press generally doesn’t identify victims of sexual assault.
The men were eligible for remission of their sentence under a policy that was in place at the time of their convictions. At the time of their release, officials in Gujarat, where Prime Minister Narendra Modi’s Bharatiya Janata Party holds power, had said the convicts were granted remission because they had completed over 14 years in jail.
A revised policy adopted in 2014 by the federal government prohibits remission release for those convicted of certain crimes, including rape and murder.
Following the release of the convicts, the victim had filed a petition with the Supreme Court, saying “the en masse premature release of the convicts… has shaken the conscience of the society.”
The 2002 riots have long hounded Modi, who was Gujarat’s top elected official at the time, amid allegations that authorities allowed and even encouraged the bloodshed. Modi has repeatedly denied having any role and the Supreme Court has said it found no evidence to prosecute him. |
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