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California governor backs plan to pay for some abortions
Breaking Legal News |
2022/05/12 08:57
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California taxpayers would help pay for abortions for women who can’t afford them under a new spending proposal Gov. Gavin Newsom announced Wednesday to prepare for a potential surge of people from other states seeking reproductive care if the U.S. Supreme Court overturns Roe v. Wade.
California already pays for some abortions through its Medicaid program, the taxpayer-funded health insurance plan for the poor and the disabled.
But some women don’t qualify for Medicaid and don’t have private health insurance. When that happens, clinics will sometimes perform abortions for free, known as “uncompensated care.” Wednesday, Newsom said he wants the state to give $40 million worth of grants to clinics to help offset those costs.
An abortion can cost between a few hundred dollars and a few thousand dollars in California, depending on how far along the pregnancy is and what kind of insurance a patient has.
“California will not stand idly by as extremists roll back our basic constitutional rights; we’re going to fight like hell, making sure that all women – not just those in California – know that this state continues to recognize and protect their fundamental rights,” Newsom said in a news release.
While the grants could potentially pay for abortions for women from other states, the money would not pay for those women to travel or stay in California.
A bill in the Democratic-controlled state Legislature would set up a fund to help pay for the logistics of getting an abortion in California, including things such as travel, lodging and child care. The California Legislative Women’s Caucus has asked Newsom for $20 million to put into that fund. But Newsom’s announcement on Wednesday did not include that money. |
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California Democratic supremacy tested by crime, inflation
Human Rights |
2022/05/09 08:59
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Democrats in many parts of the country are facing a potentially grim political year, but in California no one is talking about the liberal stronghold changing direction.
California’s largely irrelevant Republican Party could field only little-known candidates for governor and U.S. Senate, and the GOP appears to have only isolated chances for upsets even under what should be favorable conditions for the party.
Mail ballots are already going out for the June 7 primary election that will set the stage for November runoffs. The election is taking place within a cauldron of dicey political issues: the possible repeal of the Supreme Court’s 1973 Roe v. Wade decision that legalized abortion, widespread frustration with a homelessness crisis and with residents suffering pocketbook stress from galloping inflation and soaring home costs — the state’s median price hit a record $849,080 in March.
President Joe Biden’s popularity has sagged — even among some of his fellow Democrats — and the party in the White House typically loses congressional seats in midterm elections. California Democrats showed up in historic numbers in 2020 to defeat then-President Donald Trump in landslide, but turnout next month is expected to tumble with little drama at the top of the ticket: Gov. Gavin Newsom and U.S. Sen. Alex Padilla, both Democrats, face only token opposition.
But none of that adds up to a threat to the state’s Democratic supremacy. Republicans haven’t won a statewide election in California since 2006, and Democratic voters outnumber Republicans by nearly 2-to-1 statewide. Democrats are expected to maintain their supermajorities in the Legislature. |
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Tennessee, South Carolina extend health care for new moms
Breaking Legal News |
2022/05/06 12:13
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Tennessee and South Carolina are joining five other states in extending health care coverage to women with low-to-modest incomes for a full year after childbirth, U.S. Health and Human Services Secretary Xavier Becerra announced on Friday.
The expansion of Medicaid and the Children’s Health Insurance Program comes as the U.S. Supreme Court could be poised to overturn women’s constitutional right to abortion. That could make the coverage more urgently needed than ever if more women, especially older women or those in poorer health, end up carrying pregnancies to term. In Tennessee, a trigger law would outlaw abortion in the state if Roe v. Wade were overturned. South Carolina has a law banning abortions after six weeks.
States are currently required to provide 60 days of coverage after childbirth, but medical experts say women can die from pregnancy-related conditions up to a year after giving birth and that most pregnancy-related deaths are preventable. Maternal mortality is particularly serious for Black women, whose pregnancy-related death rate is three times that of white women.
Asked about the effect of an abortion ban on Tennessee women at a Thursday news conference, Republican Gov. Bill Lee, who opposes abortion, pointed to the extension.
“It’s important that we recognize that women in crisis need support and assistance through this process. For example, that’s why we’ve expanded our postpartum coverage for women in TennCare,” Lee said.
TennCare is Tennessee’s version of Medicaid, the federal-state program covering about one in five Americans, from many newborns, to low-income adults and frail nursing home residents. The program pays for about four out of every 10 births in the United States.
About 700 U.S. women die annually because of pregnancy-related problems, a little over half after the woman has given birth, according to data from the Centers for Disease Control and Prevention. Nearly 12% of maternal deaths occur 43 to 365 days after delivery.
The expanded coverage is made possible by a provision in the COVID-19 relief bill that will expire after five years unless Congress reapproves it or makes it permanent.
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Connecticut Senate OKs bill that protects abortion providers
Biotech |
2022/05/02 14:31
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The Connecticut Senate gave final legislative approval shortly before midnight Friday to a bill abortion rights advocates contend is needed to protect in-state medical providers from legal action stemming from out-of-state laws, as well as the patients who travel to Connecticut to terminate a pregnancy and those who help them.
Senate President Pro Tempore Martin Looney, D-New Haven, said lawmakers in Connecticut, a state with a long history of supporting abortion rights, needed to pass the legislation “in defense of our own values and our own legal system.” It comes after Texas enacted a law that authorizes lawsuits against clinics, doctors and others who perform or facilitate a banned abortion, even in another state.
The bill, which already cleared the House of Representatives earlier this month, passed in the Senate on a 25-9 vote. It now moves to Gov. Ned Lamont’s desk. The Democrat has said he will sign it.
Supporters voiced concern about the spate of new abortion restrictions being enacted in a growing number of conservative states and the possibility the U.S. Supreme Court may overturn or weaken Roe v. Wade, the landmark 1973 decision that established a nationwide right to abortion.
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Supreme Court Notebook: Roberts pays tribute to Breyer
Law Center |
2022/04/27 17:13
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The fertile mind of Justice Stephen Breyer has conjured a stream of hypothetical questions through the years that have, in the words of a colleague, “befuddled” lawyers and justices alike.
Breyer, 83, seemed a bit subdued as he sat through the last of more than 2,000 arguments Wednesday in which he has taken part during 28 years on the high court. His wife, Joanna, also was in the courtroom.
But at the end of the case about Oklahoma’s authority to prosecute people accused of crimes on Native American lands, an emotional Chief Justice John Roberts paid tribute to Breyer for his prowess during arguments.
“For 28 years, this has been his arena for remarks profound and moving, questions challenging and insightful, and hypotheticals downright silly,” Roberts said.
A day earlier, Breyer provided only the most recent example, inventing a prison inmate named John the Tigerman in a case involving transporting an inmate for a medical test. Breyer called him “the most dangerous prisoner they have ever discovered.”
Just since Breyer announced in late January that he was retiring, he has asked lawyers to answer questions involving spiders, muskrats and “4-foot-long cigars smoked through hookahs” — none of which, it’s fair to say, had any actual links to the cases at hand.
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Arizona judge nixes suit that wants Trump backers off ballot
Biotech |
2022/04/23 14:02
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A judge in Phoenix has dismissed lawsuits seeking to disqualify three Republican lawmakers from this year’s ballot because they participated in or helped organize the Jan. 6, 2021, rally in Washington that led to an unprecedented attack on Congress.
The decision from Maricopa County Superior Court Judge Christopher Coury made public Friday means Reps. Paul Gosar and Andy Biggs and state Rep. Mark Finchem remain on the primary ballot barring a reversal by the state Supreme Court. Gosar and Biggs are seeking reelection and Finchem is running for Secretary of State, Arizona’s chief election officer.
The lawsuits filed on behalf of a handful of Arizona voters alleged that Gosar, Biggs and Finchem can’t hold office because they participated in an insurrection. They cited a section of the 14th Amendment to the U.S. constitution enacted after the Civil War.
None of the lawmakers are accused of participating in the actual attack on Congress that was intended to stop certification of President Joe Biden’s win.
Coury agreed with the lawmakers’ attorneys who said Congress created no enforcement mechanism for the 14th Amendment, barring a criminal conviction. He noted that Congress proposed such a law in the wake of the attack on Congress but it is not been enacted.
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Suit seeks to overturn renewed Philadelphia mask mandate
Breaking Legal News |
2022/04/16 15:46
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Several businesses and residents have filed suit in state court in Pennsylvania seeking to overturn Philadelphia’s renewed indoor mask mandate scheduled to be enforced beginning Monday in an effort to halt a surge in COVID-19 infections.
The lawsuit, filed in Commonwealth Court on Saturday, said Philadelphia lacks the authority to impose such a mandate.
Philadelphia earlier this week became the first major U.S. city to reinstate its indoor mask mandate after reporting a sharp increase in coronavirus infections, with the city’s top health official saying she wanted to forestall a potential new wave driven by an omicron subvariant.
Attorney Thomas W. King III, who was among those involved in last year’s successful challenge to the statewide mask mandate in schools, said the city’s emergency order went against recommendations of the federal Centers for Disease Control and Prevention and “imposed a renegade standard unfound anywhere else in the world.”
The suit accuses city health officials of having “usurped the power and authority” of state lawmakers, the state department of health and the state advisory health board.
Kevin Lessard, communications director of the Philadelphia mayor’s office, said officials were “unable to comment on this particular case” but cited a court’s denial of an emergency motion by another plaintiff for a preliminary injunction against the mandate. Lessard said “the courts once again confirmed that city has both the legal authority and requisite flexibility to enact the precautionary measures necessary to control the spread of COVID-19.”
Most states and cities dropped their masking requirements in February and early March following new guidelines from the CDC that put less focus on case counts and more on hospital capacity and said most Americans could safely take off their masks.
Philadelphia had ended its indoor mask mandate March 2. But on Monday Dr. Cheryl Bettigole, the health commissioner, cited a more than 50% rise in confirmed COVID-19 cases in 10 days, the threshold at which the city’s guidelines call for people to wear masks indoors.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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