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☆ NY Gov. Hochul signs bill to protect abortion providers sending pills into states with bans
▼ + stars: | 2023-06-23 | by ( Annika Kim Constantino | ) www.cnbc.com time to read: +3 min

Governor Kathy Hochul holds media availability press conference and makes an announcement on abortion rights at the office on 633 3rd Avenue. Kathy Hochul on Friday signed a bill that would legally protect doctors who prescribe and send abortion pills to patients living in other states where the procedure is outlawed. Under the measure, New York abortion providers can serve more out-of-state patients without fear of litigation. Similar telehealth abortion laws have been enacted in Massachusetts, Colorado, Vermont and Washington. The bill builds upon similar legislation passed last year, which aimed to protect New York abortion care providers from litigation, but did not specifically address telehealth.

Persons: Kathy Hochul, Hochul, Wade, we're, Matthew Kacsmaryk Organizations: New York Gov, NBC, The, Food and Drug Administration, Northern District of, FDA Locations: New York, U.S, York, Massachusetts , Colorado , Vermont, Washington, Northern District, Northern District of Texas

☆ Biden to sign executive order expanding access to birth control
▼ + stars: | 2023-06-23 | by ( Annika Kim Constantino | ) www.cnbc.com time to read: +4 min

President Joe Biden signs an executive order in support of Joining Forces, the initiative to support military and veteran families, caregivers, and survivors on June 9, 2023 at Fort Liberty, North Carolina. Biden's order also:Directs those departments to consider new ways to broaden access to affordable over-the-counter birth control medications, such as Plan B emergency contraception. Instructs the Veterans Affairs and the Office of Personnel Management to consider actions that would shore up birth control access for veterans and federal employees, among other provisions. The president's order does not suggest a timeline for shoring up that access and does not direct federal departments to consider new requirements to codify access to birth control. Approximately 65% of women ages 15 to 49 used birth control from 2017 to 2019, according to the Centers for Disease Control and Prevention.

Persons: Joe Biden, Wade, Clarence Thomas, Xavier Becerra, Matthew Kacsmaryk, Roe Organizations: Forces, Fort Liberty, White House, White, Treasury, Labor Department, Department of Health, Human Services, Food and Drug Administration, Affordable, FDA, Veterans Affairs, Management, Centers for Disease Control, CDC, Democratic, Northern District of Locations: Fort Liberty , North Carolina, U.S, Northern District, Northern District of Texas

June 5 (Reuters) - The Biden administration has asked a federal judge to toss out a lawsuit by Republican-led states seeking to strike down a rule allowing socially-conscious investing by employee retirement plans. The states moved last month for a ruling permanently blocking the rule, which took effect Jan. 30. The Biden administration on Friday said the rule makes clear that retirement plans must base decisions primarily on financial factors. But unlike the Trump-era rule, it also recognizes that issues such as climate change and social justice can impact companies' long-term financial health, the Justice Department said. The judge in March rejected the Biden administration's claim that the states were improperly "judge shopping" by filing the lawsuit in Amarillo, where Kacsmaryk is the only judge.

Persons: Biden, Trump, Sean Reyes, John Scott, Joe Biden, Matthew Kacsmaryk, Donald Trump, Kacsmaryk, Daniel Wiessner, Alexia Garamfalvi Organizations: Republican, U.S . Department of Justice, U.S . Department of Labor, Trump, Justice Department, Interim Texas, Congress, District, Biden, Thomson Locations: Amarillo , Texas, Utah, Texas, U.S, Amarillo, Albany , New York

May 17 (Reuters) - Federal appeals court judges appeared to express support on Wednesday for opponents of the abortion pill mifepristone to pursue their challenge to its U.S. approval, which has potentially far-reaching consequences for abortion access across the country. Circuit Court of Appeals in New Orleans to overturn last month's unprecedented ruling by U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas suspending mifepristone's approval. [1/2] A patient prepares to take Mifepristone, the first medication in a medical abortion, at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. Circuit Judges James Ho and Wilson were appointed by Donald Trump. SAFE AND EFFECTIVEMifepristone remains available for now, following an emergency order from the U.S. Supreme Court putting Kacsmaryk's order on hold during the appeal.

[1/2] A patient prepares to take Mifepristone, the first medication in a medical abortion, at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. REUTERS/Evelyn Hockstein/File PhotoMay 17 (Reuters) - U.S. appeals court judges began hearing arguments on Wednesday in a legal battle over the availability of the abortion pill mifepristone, with potentially far-reaching consequences for abortion access across the United States. Circuit Court of Appeals in New Orleans to overturn last month's unprecedented ruling by U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas suspending mifepristone's approval. Danco Laboratories, which sells the drug under the brand name Mifeprex, is also expected to argue before the court. The emergency room doctors said they were being forced to complete surgical abortions, which was against their conscience, for women who took the pill and failed to complete a medical abortion.

May 17 (Reuters) - A group of Republican-led U.S. states has asked a federal judge in Texas to strike down a Biden administration rule allowing socially conscious investing by retirement plans, saying it will imperil Americans' retirement savings. The rule, which took effect Jan. 30, sets guidelines for ESG investing including requiring that socially conscious investments are still financially sound. The states sued in January and in February had asked the judge to temporarily block the rule pending the outcome of the case. The judge has not yet ruled on that bid, and in Tuesday's filing, the states asked the judge to rule on the merits of their lawsuit. Kacsmaryk in March refused to transfer the challenge to the ESG investing rule to another court.

☆ Access to abortion pill mifepristone at stake in federal appeals court hearing
▼ + stars: | 2023-05-17 | by ( Spencer Kimball | ) www.cnbc.com time to read: +5 min

Evelyn Hockstein | ReutersA federal appeals court will hear arguments Wednesday afternoon in a closely watched lawsuit that seeks to pull the abortion pill mifepristone from the U.S. market. The hearing at the U.S. 5th Circuit Court of Appeals in New Orleans comes 11 months after the Supreme Court ruled there was no longer a federal constitutional right to abortion. But if it refuses to hear an appeal, the 5th Circuit decision will be the final word on the drug's fate. Days later, the DOJ appealed Kacsmaryk's decision to the 5th Circuit, which handles cases arising from the Northern District of Texas. He said the Supreme Court will likely agree to take the case if the 5th Circuit panel decides to pull mifepristone from the U.S. market.

☆ Trump is right: He's directly responsible for the state of abortion access in the country. He's also the source of the backlash against it
▼ + stars: | 2023-05-17 | by ( Madison Hall | ) www.businessinsider.com time to read: +5 min

Trump said on Wednesday that he alone is responsible for the progress the anti-abortion movement has made in recent years. "Without me the pro Life movement would have just kept losing," Trump posted to Truth Social. Thank you President TRUMP!!!" Ultimately, Trump's Wednesday Truth Social post is true — there isn't anyone currently more responsible for the current state of abortion rights in America. But don't expect a Truth Social post about that anytime soon.

[1/2] A patient prepares to take Mifepristone, the first medication in a medical abortion, at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 20, 2023. REUTERS/Evelyn Hockstein/File PhotoMay 17 (Reuters) - A federal appeals court in New Orleans will hear arguments on Wednesday in a closely watched case brought by anti-abortion activists seeking to ban the abortion pill mifepristone, with potentially far-reaching impact on abortion access across the United States. Circuit Court of Appeals to overturn last month's unprecedented ruling by U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas suspending mifepristone's FDA approval. Mifepristone remains available for now, following an emergency order from the U.S. Supreme Court putting Kacsmaryk's order on hold during the appeal. Whichever way the 5th Circuit panel rules, the decision is sure to be appealed, first to the full court and then to the U.S. Supreme Court.

Circuit Court of Appeals panel that will hear the Biden administration's appeal to keep the abortion pill mifepristone on the market are staunchly conservative, with a record of opposing abortion rights. - In 2019, she co-authored a majority opinion for the full 5th Circuit that upheld a Texas law that effectively banned the most common abortion procedure for terminating second-trimester pregnancies. - Also in 2019, she wrote a majority panel 5th Circuit opinion invalidating the Affordable Care Act's mandate requiring individuals to purchase health insurance. - In 2019, he was part of a 5th Circuit panel that rejected Mississippi's 15-week abortion ban, but in a concurring opinion argued against the constitutional right to abortion. - In 2018, he voted to uphold a Texas law requiring burial or cremation of fetal remains.

May 8 (Reuters) - A group of abortion providers on Monday filed a lawsuit aiming to preserve access to the abortion pill mifepristone as anti-abortion opponents aim to ban it in a separate case. The lawsuit, filed in federal court in Charlottesville, Virginia, is similar to one filed in Spokane, Washington by the Democratic attorneys general of 17 states and the District of Columbia in February. GenBioPro Inc, which sells a generic version of mifepristone, is also suing to block the FDA from restricting the drug. All three lawsuits come in response to a lawsuit last year by anti-abortion groups in Amarillo, Texas federal court challenging the FDA's approval of the drug in 2000. They said the dueling district court orders had created "day-to-day, week-to-week uncertainty" about using the drug.

May 8 (Reuters) - A case brought by anti-abortion groups seeking to ban the abortion pill mifepristone nationwide will be heard next week by a panel of three deeply conservative judges hostile to abortion rights, a federal appeals court revealed on Monday. Circuit Court of Appeals panel in New Orleans on May 17 to overturn a court order that suspended the federal government's approval of mifepristone. The U.S. Supreme Court put that order on hold, meaning that mifepristone remains available while the case is appealed. In 2021, Ho was in the majority in a 2-1 ruling refusing to block Texas's six-week abortion ban. Wilson, another Trump appointee, as a state legislator voted to ban abortion once fetal cardiac activity is detected, around six weeks.

☆ Comstock Act: The 150-year-old chastity law that may be the next big fight over abortion
▼ + stars: | 2023-04-28 | by ( Tierney Sneed | ) edition.cnn.com time to read: +15 min

“Comstock is really the backdoor way to remove access to abortion across the whole country,” said Greer Donley, a University of Pittsburgh Law School professor who specializes in abortion law. Severino argued that, at least when it comes to the Comstock Act’s prohibitions on mailing abortion pills, Congress is well within its powers to regulate those shipments. Several towns, some in New Mexico and elsewhere, have passed local ordinances that cite the Comstock Act and prohibit business within those jurisdictions from shipping or receiving items used for abortions in the mail, as covered by the Comstock Act. The lawsuits in New Mexico state court that those ordinances have prompted may provide for another opportunity for courts to elaborate on what the Comstock Act means. The Supreme Court, in the emergency order it issued last week, did not say anything about the Comstock Act.

☆ Schumer demands Texas end judge cherry-picking after 'flawed' abortion pill decision
▼ + stars: | 2023-04-28 | by ( Kevin Breuninger | ) www.cnbc.com time to read: +4 min

Multiple court divisions in Godbey's district have just one or two district judges. "Unsurprisingly, litigants have taken advantage of these orders to hand-pick individual district judges seen as particularly sympathetic to their claims," Schumer wrote. "In the past few years, the country has seen the downside of allowing plaintiffs to hand-pick their desired judges," Schumer said in a press release Thursday. Godbey's district should make a similar change for all its civil cases, Schumer wrote. "But if that flexibility continues to allow litigants to hand-pick their preferred judges and effectively guarantee their preferred outcomes, Congress will consider more prescriptive requirements," he wrote.

Circuit Court of Appeals, called the April 7 order by U.S. District Judge Matthew Kacsmaryk "abrupt and profoundly disruptive." The 5th Circuit is preparing to hear May 17 arguments on the matter after the U.S. Supreme Court last week put on hold Kacsmaryk's order. Danco Laboratories, which manufactures the brand-name version of the drug, was due to make a separate filing with the 5th Circuit. A panel of three 5th Circuit judges is scheduled to hear arguments on whether to uphold Kacsmaryk's order. The 5th Circuit has a conservative reputation, with 12 of its 16 active judges appointed by Republican presidents.

☆ The Janes 1960s underground abortion network
▼ + stars: | 2023-04-23 | by ( Sandee Lamotte | ) edition.cnn.com time to read: +28 min

The group was officially created in 1969 as the “Abortion Counseling Service of Women’s Liberation.”But after running ads in an underground newspaper: “Pregnant? “It wasn’t just abortion,” Barron explained. “Vacuum aspiration was much easier to do, and I think it’s less difficult for the woman,” Scott said. We had to keep the service running.”Laura Kaplan volunteered for the Janes, later immortalizing the group in her book, "The Story of Jane: The Legendary Underground Feminist Abortion Service." Each Jane was charged with 11 counts of abortion and conspiracy to commit abortion, with a possible sentence of up to 110 years in prison.

HOW DID THE CASE GET TO THE SUPREME COURT? The Biden administration and Danco immediately asked the Supreme Court to overrule the 5th Circuit and impose an emergency stay. WHAT DID THE SUPREME COURT DO? The injunction was not at issue before the Supreme Court, and remains in effect. Once it does come, the losing side will again have the chance to appeal to the 5th Circuit and, eventually, the Supreme Court.

However the 5th Circuit rules, the case will likely continue for months or years. HOW DID THE CASE GET TO THE 5TH CIRCUIT? WHAT COULD THE 5TH CIRCUIT DO? No matter what the court does, the losing party will have a chance to appeal to the full 5th Circuit and then to the U.S. Supreme Court. Once it does come, the losing side will again have the chance to appeal to the 5th Circuit and, eventually, the Supreme Court.

On that unredacted form, Kacsmaryk reported owning about $2.9 million in stock in the Florida-based supermarket company Publix. Federal judges are only required to report financial holdings in ranges, and don’t have to provide exact figures. One possible source of the Publix stock Kacsmaryk reported in 2017 is the judge’s grandmother. In 2020 and 2021, less than 4% of officials required to file judicial financial disclosures requested redaction, according to reports from the Administrative Office of the US Courts. In any case, experts said, the judge’s redacted report prevents transparency that litigants deserve.

☆ Supreme Court says abortion pill mifepristone will remain broadly available during legal battle
▼ + stars: | 2023-04-21 | by ( Spencer Kimball | ) www.cnbc.com time to read: +3 min

Demonstrators rally in support of abortion rights at the US Supreme Court in Washington, DC, April 15, 2023. The Supreme Court on Friday ordered the abortion pill mifepristone to remain broadly available as litigation plays out in a lower court. The appeals court has scheduled oral arguments for Wednesday, May 17 at 1 pm CT. Mifepristone has become the central flashpoint in the legal battle over abortion since the Supreme Court last summer overturned Roe v. Wade, the landmark 1973 decision that guaranteed abortion as a constitutional right nationwide. The appeals court judges also suspended the 2019 approval of the generic version of mifepristone.

The Supreme Court, which has a 6-3 conservative majority, is expected to act before the deadline to either grant or reject the requests or further pause the litigation. The Food and Drug Administration (FDA), the U.S. agency that signs off on the safety of food products, drugs and medical devices, approved mifepristone in 2000. Circuit Court of Appeals on April 12 declined to block the curbs ordered by Kacsmaryk. Anti-abortion groups led by the recently formed Alliance for Hippocratic Medicine and four anti-abortion doctors sued the FDA in November. The plaintiffs contend that the agency used an unlawful process to approve the drug, which they consider to be dangerous.

☆ A Supreme Court justice resigned 54 years ago over conduct that may 'pale in comparison' to Clarence Thomas' — but Thomas is almost certain to get off scot-free thanks in part to the 'Trump effect'
▼ + stars: | 2023-04-21 | by ( Kelsey Vlamis | Erin Snodgrass | ) www.businessinsider.com time to read: +7 min

Supreme Court Justice Abe Fortas resigned in 1969 over accusations of financial misconduct. But unlike Fortas, Thomas is unlikely to experience severe consequences in the post-Trump era. Like Fortas, Thomas has been accused of financial misconduct. Democratic lawmakers have called for an investigation into Thomas, and the Senate Judiciary Committee has said it will hold a hearing on Supreme Court ethics. "He will forever be remembered as the second Abe Fortas," Kalir said.

☆ Supreme Court protects access to abortion pill
▼ + stars: | 2023-04-21 | by ( Ariane De Vogue | ) edition.cnn.com time to read: +7 min

CNN —The Supreme Court on Friday protected access to a widely used abortion drug by freezing lower-court rulings that placed restrictions on its usage. How the dispute over medication abortion is ultimately resolved could make it more difficult for women to obtain abortion, even in the states that still allow it. At issue is the scope of FDA’s authority to regulate mifepristone, a drug that the medical community has deemed safe and effective. The next step in the litigation will be a hearing in front of a New Orleans-based federal appeals court on May 17. The appeals court ultimately let stand the government’s approval of the drug, but agreed with Kacsmaryk that access could be limited.

It is the second time in a year that the Supreme Court has considered a major effort to sharply curtail access to abortion. Less than an hour later, a federal judge in Washington State, Thomas O. The competing rulings meant that the matter was almost certainly headed to the Supreme Court. But the panel imposed several barriers to access, siding in part with Judge Kacsmaryk, while the lawsuit moved through the courts. Seeking emergency relief, the Biden administration asked the Supreme Court to intervene while a fast-tracked appeal moved forward.

HOW DID IT REACH THE SUPREME COURT? Whether or not the Supreme Court decides to stay Kacsmaryk's order, it will not decide the merits of the case. The Biden administration said in its petition to the Supreme Court that the FDA cannot comply with both orders. WHAT HAPPENS AFTER THE SUPREME COURT RULES? Once it does come, the losing side will again have the chance to appeal to the 5th Circuit and, eventually, the Supreme Court.

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