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☆ Republican states say the FDA doesn't have the authority to override state abortion pill bans
▼ + stars: | 2023-03-07 | by ( Spencer Kimball | ) www.cnbc.com time to read: +3 min

Boxes of the medication Mifepristone used to induce a medical abortion are prepared for patients at Planned Parenthood health center in Birmingham, Alabama, March 14, 2022. The Food and Drug Administration's power to approve drugs does not override state bans on the abortion pill, a coalition of Republican attorneys general told a federal judge this week. The company has asked the court to overturn West Virginia's abortion ban, arguing that it conflicts with how the FDA regulates mifepristone under federal law. The GOP attorneys general said West Virginia's law does not completely ban the abortion pill. "A State's police power does not extend to functionally banning an article of interstate commerce — the Constitution leaves that to Congress," the company's lawyers wrote.

☆ West Virginia asks judge to dismiss lawsuit seeking to overturn state restrictions on abortion pill
▼ + stars: | 2023-02-22 | by ( Spencer Kimball | ) www.cnbc.com time to read: +3 min

West Virginia's attorney general is urging a judge to dismiss a lawsuit seeking to overturn the state's restrictions on the abortion pill. GenBioPro sued West Virginia in January, arguing that the Food and Drug Administration's powers to approve and regulate medications pre-empt the state's restrictions on the abortion pill. GenBioPro has asked the court to declare unconstitutional West Virginia's law that bans abortion with a few exceptions. West Virginia does not allow patients to obtain a prescription for mifepristone through telemedicine appointments. "West Virginia retains the police power to regulate how drugs may be prescribed and dispensed by medical professionals," Morrisey argued.

☆ The Paradox of Prosecuting Domestic Terrorism
▼ + stars: | 2023-02-08 | by ( James Verini | ) www.nytimes.com time to read: +52 min

The preventive approach to domestic terrorism goes back even further than the 1990s and it begins with the basic police work and surveillance of the joint terrorism task forces. In fact, there is no section of the U.S. Criminal Code that criminalizes domestic terrorism as such. The absence of clear law around domestic terrorism, and the imperatives of prevention, mean that investigators and prosecutors who work domestic terrorism cases must focus on more common charges: weapons violations, illegal drug possession, burglary, aiding and abetting and so forth. But this was not enough to overrule the fear of domestic terrorism that was gripping the nation and that hung in the courtroom. It reflected the legal paradoxes of the case and domestic terrorism law in general or, maybe more accurately, the absence of it.

Bryant objected to North Carolina requirements that patients obtain abortion pills only in person from physicians in specially certified facilities, and undergo as state-mandated counseling at least 72 hours before having abortions. The offices of West Virginia Attorney General Patrick Morrisey and North Carolina Attorney General Josh Stein did not immediately respond to requests for comment. The West Virginia lawsuit was reported earlier by The New York Times, and the North Carolina lawsuit by ABC News. The cases are GenBioPro Inc v Sorsaia et al, U.S. District Court, Southern District of West Virginia, No. 23-00058; and Bryant v Stein et al, U.S. District Court, Middle District of North Carolina, No.

☆ Abortion pill manufacturer GenBioPro sues West Virginia, argues FDA rules pre-empt state ban
▼ + stars: | 2023-01-25 | by ( Spencer Kimball | ) www.cnbc.com time to read: +3 min

The abortion pill manufacturer GenBioPro on Wednesday sued to overturn West Virginia's ban on abortion because it restricts access to a medication approved by the Food and Drug Administration. The lawsuit, filed in federal court in West Virginia's southern district, argues that FDA regulations on medications such as the abortion pill pre-empt state law under the U.S. Constitution. Access to the pill, called mifepristone, has become a major legal battleground in the wake of the Supreme Court ruling that overturned federal abortion rights last June. A dozen states, including West Virginia, have implemented near total abortion bans that basically outlaw the use of mifepristone. But bans such as those in West Virginia conflict with FDA regulations on mifepristone, raising the question of whether federal or state laws take precedence.

Companies Genbiopro Inc FollowJan 25 (Reuters) - A maker of abortion pills and a doctor have filed lawsuits challenging state restrictions on the medication, in the first lawsuits of their kind since the U.S. Supreme Court overturned the federal constitutional right to abortion. The doctor, Amy Bryant, filed a separate lawsuit in the federal court in Durham, North Carolina, challenging state-imposed restrictions on obtaining mifepristone, which she said impeded her ability to treat patients. Medication abortions make up more than half of U.S. abortions. Misoprostol is the second drug of the two-drug regimen for medication abortion. Twelve states now ban nearly all abortions, including medication abortions.

FTX co-founder Gary Wang and former Alameda Research co-CEO Caroline Ellison both pleaded guilty to federal charges in the Southern District of New York, U.S. Attorney Damian Williams said in a message Wednesday. Wang pleaded guilty to conspiracy to commit wire fraud, wire fraud, conspiracy to commit commodities fraud and conspiracy to commit securities fraud. Ellison pleaded guilty to two counts of wire fraud, two counts of conspiracy to commit wire fraud, conspiracy to commit commodities fraud, conspiracy to commit securities fraud and conspiracy to commit money laundering. The SEC alleges that both Ellison and Wang, in their respective roles at Alameda and FTX, abetted Bankman-Fried in allegedly defrauding FTX customers. Ellison, 28, and Wang, 29, become the second and third individuals to be charged in connection with FTX's multibillion-dollar collapse.

☆ Man who threatened to kill CDC head pleads guilty to charges
▼ + stars: | 2022-12-20 | by ( The Associated Press | ) www.nbcnews.com time to read: +1 min

— A Mississippi man who threatened to kill Centers for Disease Control and Prevention Director Rochelle Walensky has pleaded guilty to making threats in interstate commerce, federal prosecutors announced Monday. Robert Wiser Bates, 39, of Ridgeland, threatened to kill Walensky in voicemails left in July 2021 at the CDC headquarters in Atlanta, Georgia, court records said. He also said he would kill Dr. Anthony Fauci, the director of the National Institute of Allergy and Infectious Diseases and chief medical advisor to the president. In August, a West Virginia man was sentenced to three years in federal prison after he sent emails threatening Fauci and another federal health official for talking about the coronavirus and efforts to prevent its spread. He faces a maximum penalty of five years in prison and a $250,000 fine.

☆ U.S. lawmakers urge Biden to guarantee rail workers' sick leave
▼ + stars: | 2022-12-09 | by ( David Shepardson | ) www.reuters.com time to read: +3 min

WASHINGTON, Dec 9 (Reuters) - More than 70 lawmakers including Senator Bernie Sanders and Representative Alexandria Ocasio-Cortez on Friday urged President Joe Biden to take executive action to guarantee rail workers paid sick days. On Dec. 2, Biden signed legislation to block a national U.S. railroad strike that could have devastated the American economy after some unions voted against the deal over a lack of paid sick leave. The White House did not immediately comment on the lawmakers' letter, signed by 72 Democratic lawmakers and Sanders, an independent who caucuses with Democrats. Railroad workers have no paid short-term sick days after unions representing 115,000 workers asked for 15 days and railroads settled on one personal day. "Guaranteeing that workers are not operating trains or inspecting rail signals while sick or tired would fundamentally improve the safety of our national rail operations," the letter said.

☆ Gregory Conigliaro, co-owner of compounding pharmacy, sentenced over role in 2012 fungal meningitis outbreak
▼ + stars: | 2022-12-02 | by ( Samantha Beech | ) edition.cnn.com time to read: +2 min

CNN —A former co-owner of a Massachusetts compounding pharmacy was sentenced Thursday for what authorities said was his role in a deadly, multistate fungal meningitis outbreak in 2012. Conigliaro was co-owner, vice president and general manager of the now-defunct New England Compounding Center, which authorities said was behind the outbreak. Nearly 800 people in 20 states were diagnosed with fungal meningitis or other fungal infections in 2012 after receiving injections from contaminated vials of medicine manufactured by the NECC, the US Attorney’s Office said. More than 100 patients have died, making it the largest public health crisis caused by a pharmaceutical drug, according to the US Attorney’s Office. Through that deceit, the company was able to “operate in a slipshod, unsafe manner, ultimately leading to a tragic outbreak of fungal meningitis,” the Office said.

☆ Biden signs bill averting rail worker strike despite lack of paid sick days
▼ + stars: | 2022-12-02 | by ( Emma Kinery | ) www.cnbc.com time to read: +4 min

The initial agreement brokered by the Biden administration was accepted by all but four rail unions, who were holding out for guaranteed paid sick leave days. A strike by rail workers so close to the holiday season — and in a period of high inflation — could potentially devastate the economy. The House on Wednesday approved a separate measure that would have added seven days of paid sick leave to the contract instead of just one. He said has long been a proponent of paid sick leave, and will still work to make it a right for all workers, not just rail workers. "It's looking like the Democrats are standing with our members and making sure that our members get sick leave.

Freight rail has the specific job of moving heavy, bulky goods and commodities, such as crude oil and coal, chemicals, large machinery, fabricated metals and many foodstuffs on which every American depends. Yet rail unions have been threatening a strike in the coming days because they are dissatisfied with a proposed labor contract. That’s why nearly 450 business groups this week told Congress that action to avert a freight rail strike was a matter of “grave urgency.” Washington is right to listen to them. But rail companies provide sick leave benefits based on post-contract talks between each company and its unions. Today, that’s freight rail service.

WASHINGTON — House lawmakers are poised to pass legislation Wednesday to avert a catastrophic rail strike that President Joe Biden warned could threaten the U.S. economy just weeks before Christmas. “At a time of record profits in the rail industry, it’s unacceptable that rail workers have ZERO guaranteed paid sick days,” Sanders tweeted. “It’s my intention to block consideration of the rail legislation until a roll call vote occurs on guaranteeing 7 paid sick days to rail workers in America.”Other progressives also wouldn’t commit to back the rail proposal. But the House will also vote separately on a bill that would add seven days of paid sick leave to the deal. Biden "is confident that we will not have a rail strike.

☆ ‘Grave urgency’: Over 400 business groups plead with Congress to prevent rail strike
▼ + stars: | 2022-11-28 | by ( Matt Egan | ) edition.cnn.com time to read: +2 min

CNN —More than 400 business groups are calling on Congressional leaders to be prepared to prevent a freight rail strike that could start causing chaos in the economy as early as next week. The 449 business groups – which range from the Aluminum Association and the Beer Institute to the US Apple Association and the Window & Door Manufacturers Association – said this is a matter of “grave urgency” as even a short-term work stoppage would cause large problems. A rail strike could become a reality as early as December 9, causing shortages, spiking prices and halting factory production. They noted that the potential rail strike earlier this year caused “significant disruptions” for critical goods and products, including fertilizer, chlorine and other items, before the strike was averted with an 11th-hour tentative deal. “The uncertainty of rail service during this year’s protracted contract negotiation has created enormous anxiety.”

Photo of Neil Walter included in an FBI affidavit file in federal court in connection with criminal charges against Michigan man seen in fotos for threatening FBI director and member of Congress. A Michigan man who owns a registered handgun was arrested for making death threats against FBI Director Chris Wray two weeks after making similar threats against Democratic Rep. John Garamendi of California, according to a federal court filing released Tuesday. The man, identified as Neil Matthew Walter, was charged with transmitting in interstate commerce a communication containing a threat to injure another person. You're gonna die," the voicemail said, according to an affidavit by an FBI agent attached to the complaint. Walter then "placed the handgun in the pocket of his hooded sweatshirt but kept his hand over the firearm during police contact."

Photo of Neil Walter included in an FBI affidavit file in federal court in connection with criminal charges against Michigan man seen in fotos for threatening FBI director and member of Congress. A Michigan man who owns a registered handgun was arrested for allegedly making death threats against FBI Director Chris Wray two weeks after allegedly making similar threats against Democratic Rep. John Garamendi, of California, according to a federal court filing released Tuesday. The man, identified as Neil Matthew Walter, was charged with transmitting in interstate commerce a communication containing a threat to injure another person. You're gonna die," the voicemail said, according to an affidavit by an FBI agent that was attached to the complaint. Walter then "placed the handgun in the pocket of his hooded sweatshirt but kept his hand over the firearm during police contact."

Oct 17 (Reuters) - The U.S. Supreme Court on Monday gave a boost to Domino's Pizza Inc's (DPZ.N) bid to force delivery drivers to bring a wage lawsuit in private arbitration rather than in court in a case from California that could have major implications for gig economy companies. Business groups have called arbitration a quicker and more efficient alternative to suing in court. Three delivery drivers sued Domino's in California state court in Santa Ana in 2020, accusing the company of violating various wage laws, and the case was subsequently transferred to federal court. Domino's made a motion to send the claims to arbitration, citing agreements that the drivers had signed barring them from suing in court. Domino's then appealed to the Supreme Court.

Oct 11 (Reuters) - The U.S. Supreme Court on Tuesday weighed the constitutionality of a California law banning the sale of pork from pigs confined in spaces with too little space to move freely that industry groups have said impermissibly regulates out-of-state farmers. The law was approved by voters as a ballot initiative in 2018 to bar sales in California of pork, veal and eggs from animals whose confinement failed to meet minimum space requirements. "As I read California's law, it's about products being sold in California," conservative Justice Clarence Thomas said. The Supreme Court took up the case after the San Francisco-based 9th U.S. President Joe Biden's administration has sided with the pork producers, saying in a Supreme Court brief that states cannot ban products "that pose no threat to public health or safety based on philosophical objections."

☆ Supreme Court considers pork industry challenge to California animal welfare law
▼ + stars: | 2022-10-11 | by ( Lawrence Hurley | Lawrence Hurley Covers The Supreme Court For Nbc News Digital. | ) www.nbcnews.com time to read: +4 min

The challengers say the measure impermissibly interferes with interstate commerce in part because almost all of the pork sold in California is produced out of state. Lower courts upheld the measure, prompting the challengers to turn to the Supreme Court, which has a 6-3 conservative majority. “What the pork producers are asking for is quite unprecedented,” said Brian Frazelle, a lawyer with the Constitutional Accountability Center, a liberal legal group that filed a brief supporting the state. The groups say in court papers that Proposition 12 “will transform the pork industry nationwide” because currently nearly all farmers keep sows in pens that do not comply with the law. California Attorney General Rob Bonta, who is defending the law, said in court papers that the measure is valid under the commerce clause because it is not aimed at benefiting California producers over out-of-state competitors.

☆ A Supreme Court battle between pork producers and California over an animal cruelty law could affect how much you pay for bacon
▼ + stars: | 2022-10-11 | by ( Oma Seddiq | ) www.businessinsider.com time to read: +4 min

The Supreme Court on Tuesday heard a battle between pork producers and California. A California law requires producers to raise pigs with enough space to roam freely in order to sell pork in the state's market. Pork producers argued that the law is unconstitutional because it impedes interstate commerce. Pork producers nationwide have balked at the standard, claiming it's costly to meet, disruptive to the industry, and unconstitutional. Ultimately, the groups argued the California law impedes interstate commerce, in violation of a legal doctrine in the Constitution called the dormant commerce clause.

Oct 11 (Reuters) - U.S. Supreme Court justices on Tuesday questioned whether upholding a California law banning the sale of pork from pigs kept in tightly confined spaces would invite states to adopt laws imposing their political or moral views outside their borders. "It's an extraterritorial regulation that conditions pork sales on out-of-state farmers adopting California's preferred farming methods for no valid safety reasons," Bishop said, noting that 99.9% of California's pork comes from elsewhere. "As I read California's law, it's about products being sold in California," conservative Justice Clarence Thomas said. Liberal Justice Sonia Sotomayor said that while California represents a huge market, "no one's forcing them to sell to California." 'SUBSTANTIAL IMPACT'But liberal Justice Kentanji Brown Jackson said that the court must accept that California's law will have a "substantial impact on the operation of this market."

The pork industry has defended the size of the cages used at pig farms as humane and necessary for animal safety. A legal doctrine called the "dormant" Commerce Clause bars states from passing laws discriminating against commerce in other states. "If you're looking for an example of an unconstitutional law, this is it," said Michael Formica, chief legal strategist for the pork producers. Circuit Court of Appeals affirmed a district court's decision to throw out the lawsuit, finding no Commerce Clause violation. 'DRAMATIC EXPANSION'A ruling by the Supreme Court, which has a 6-3 conservative majority, favoring the pork industry would have major implications for Commerce Clause interpretation, according to some legal experts.

☆ These are all the federal crimes Trump extremists could be charged with after their attack on the US Capitol
▼ + stars: | 2021-01-08 | by ( Dave Levinthal | Tina Sfondeles | ) www.businessinsider.com time to read: +17 min

Federal authorities and other law enforcement will likely make more arrests within days, if not hours. "These fools made it easy for law enforcement to find them because they were posing for pictures. An Insider analysis of the United States Code, coupled with interviews with several leading experts on federal law, identified more than a dozen different federal crimes that could apply to Trump supporters who attacked the Capitol. Assaulting, resisting, or impeding government officialsVideos both inside and outside the Capitol showed numerous pro-Trump extremists physically fighting with and otherwise interfering with federal law enforcement and other government officials. Anyone who "willfully injures or commits any depredation against any property of the United States" commits a federal crime.

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