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In It to Win It
In It to Win It's Journal
In It to Win It's Journal
March 31, 2023
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Related: 🚨 Judge Reed O'Connor STRIKES DOWN the Affordable Care Act's preventive services mandate
https://twitter.com/ElieNYC/status/1641822755564797952
One of America's Worst Judges Just Gutted a Key Part of Obamacare
One of America's Worst Judges Just Gutted a Key Part of ObamacareNo paywall
Related: 🚨 Judge Reed O'Connor STRIKES DOWN the Affordable Care Act's preventive services mandate
One of the most important parts of the Affordable Care Act is its requirement that insurance companies cover preventive care. As we approach a full generation of people who have come of age under the protections provided by the ACA, its easy to forget that in the before times, it was incredibly difficult for poor people to get preventive care, and prohibitively expensive for middle-class people to do the same. That meant that a lot of times, people just had to wait to get sick before their insurance plans even kicked in. It meant that a lot of people wouldnt get mammograms or colonoscopies. It meant a lot more negative health care outcomes and human suffering.
That critical and life-saving aspect of the ACA has, for now, been gutted by one man: US District Judge of the Northern District of Texas Reed OConnor. OConnor, who was appointed to the bench by George W. Bush, is a far-right extremophile who has made it his lifes mission to destroy the ACA. He has tried to take down the act multiple times, including once when he declared the individual mandate at the heart of the law unconstitutional. And on Thursday, he fired his latest salvo against the ACA by overturning the part of the law that requires insurance companies to cover several kinds of preventive care, from cancer screenings to PrEP, the drug that prevents the transmission of HIV.
OConnor is regularly overturned by his conservative brethren on the Supreme Court, which should give you an indication of just how far afield he is from even the standard right-wing fanatics interpretation of the law. But his decisions cause a lot of pain and suffering as people wait years for the Supreme Court to get around to the business of telling him that hes wrong. OConnor is like a guy who steals your car to take it out for a joy ride: Even if you get it back, by the time you do its dented and abused and it smells funny. The problem is that the car in this analogy is the United States government.
His latest decision will lead, directly, to death. OConnor attacked the preventive care provisions of the ACA by going after the Preventive Services Task Force (PSTF). The PSTF is one of three agenciesalong with the Health Resources and Services Administration (HRSA) and the Advisory Committee on Immunization Practices (ACIP)that determine what preventive care falls under the mandatory coverage requirements of the ACA.
That critical and life-saving aspect of the ACA has, for now, been gutted by one man: US District Judge of the Northern District of Texas Reed OConnor. OConnor, who was appointed to the bench by George W. Bush, is a far-right extremophile who has made it his lifes mission to destroy the ACA. He has tried to take down the act multiple times, including once when he declared the individual mandate at the heart of the law unconstitutional. And on Thursday, he fired his latest salvo against the ACA by overturning the part of the law that requires insurance companies to cover several kinds of preventive care, from cancer screenings to PrEP, the drug that prevents the transmission of HIV.
OConnor is regularly overturned by his conservative brethren on the Supreme Court, which should give you an indication of just how far afield he is from even the standard right-wing fanatics interpretation of the law. But his decisions cause a lot of pain and suffering as people wait years for the Supreme Court to get around to the business of telling him that hes wrong. OConnor is like a guy who steals your car to take it out for a joy ride: Even if you get it back, by the time you do its dented and abused and it smells funny. The problem is that the car in this analogy is the United States government.
His latest decision will lead, directly, to death. OConnor attacked the preventive care provisions of the ACA by going after the Preventive Services Task Force (PSTF). The PSTF is one of three agenciesalong with the Health Resources and Services Administration (HRSA) and the Advisory Committee on Immunization Practices (ACIP)that determine what preventive care falls under the mandatory coverage requirements of the ACA.
PSTF also mandates insurance coverage for various kinds of prenatal care. Those coverage mandates are now gone. Thanks to OConnor and other conservative judges and justices, we now live in a world where a person can get pregnant, be forced by the state to bring that pregnancy to term against their will, but not have their prenatal care covered by their insurance company. The allegedly pro-life concern about the welfare of the unborn does not even extend to making sure people have access to health care during the gestational period.
https://twitter.com/ElieNYC/status/1641822755564797952
March 31, 2023
https://twitter.com/Alexrosstweets/status/1641868505854377984
New Mexico Supreme Court blocks local ordinances banning abortion
If I'm not mistaken, the legislature in New Mexico has already passed legislation that overrides the local ordinances banning abortion.
Alex Ross
@Alexrosstweets
New Mexico Supreme Court announces they granted a state request that temporarily blocks the enforcement of municipal and county laws banning access to abortion services from being enforced in an ongoing case.
@Alexrosstweets
New Mexico Supreme Court announces they granted a state request that temporarily blocks the enforcement of municipal and county laws banning access to abortion services from being enforced in an ongoing case.
Since the Dobbs Decision overturning the federal right to an abortion last year the cities of Hobbs, Clovis and Eunice as well as Roosevelt and Lea counties have passed laws restricting access to abortion services within thier jurisdictions putting it at odds with the state.
Alex Ross
@Alexrosstweets
Order issued by the New Mexico Supreme Court granting state's request for a stay temporarily blocking local and county enforcement of laws that restrict abortion services.
@Alexrosstweets
Order issued by the New Mexico Supreme Court granting state's request for a stay temporarily blocking local and county enforcement of laws that restrict abortion services.
https://twitter.com/Alexrosstweets/status/1641868505854377984
March 31, 2023
https://twitter.com/stephentpaulsen/status/1641870758421880864
Judge Robert Pittman ORDERS Llano County to return "all books" to its libraries removed for content
Stephen Paulsen
@stephentpaulsen
NEW: A federal judge has ordered Llano County to return to its libraries "all books" removed for their content and viewpoint.
Library patrons have shown that "content-based restrictions" were likely unconstitutional, he ruled.
https://courthousenews.com/wp-content/uploads/2023/03/Llano-county-library-books-injunction.pdf
@stephentpaulsen
NEW: A federal judge has ordered Llano County to return to its libraries "all books" removed for their content and viewpoint.
Library patrons have shown that "content-based restrictions" were likely unconstitutional, he ruled.
https://courthousenews.com/wp-content/uploads/2023/03/Llano-county-library-books-injunction.pdf
A group had previously complained of "pornographic filth" and "CRT and LGBTQ books" at the libraries.
Among the books that will return to shelves for now: "Being Jazz: My Life as a (Transgender) Teen" by @JazzJennings__
Among the books that will return to shelves for now: "Being Jazz: My Life as a (Transgender) Teen" by @JazzJennings__
https://twitter.com/stephentpaulsen/status/1641870758421880864
March 31, 2023
Maryland voters to decide abortion constitutional amendment
Maryland voters to decide abortion constitutional amendmentANNAPOLIS, Md. (AP) Maryland voters will decide next year whether to enshrine the right to abortion in the Maryland Constitution, after the House of Delegates voted Thursday to put a constitutional amendment on the ballot.
The House voted 98-38 for a bill that already has cleared the state Senate by the three-fifths margin needed to bring the question before voters in 2024. A simple majority would be needed by voters to approve it.
The House voted 98-38 for a bill that already has cleared the state Senate by the three-fifths margin needed to bring the question before voters in 2024. A simple majority would be needed by voters to approve it.
The right to abortion already is protected in Maryland law. The state approved legislation in 1991 to protect abortion rights if the Supreme Court allowed abortion to be restricted. That law was petitioned to the ballot and voters approved the right in 1992 with 62% of the vote. Advocates argue that adding the protection to the state constitution would make it even harder for opponents to try to strip away abortion rights in the future.
March 31, 2023
State's Answer Brief
Florida Attorney General Ashley Moody says abortion precedents are 'clearly erroneous'
Florida Attorney General Ashley Moody says abortion precedents are 'clearly erroneous'State's Answer Brief
TALLAHASSEE - As lawmakers consider barring abortions after six weeks of pregnancy, Attorney General Ashley Moody's office late Wednesday urged the Florida Supreme Court to reject more than three decades of legal precedents that have protected abortion rights in the state.
Lawyers in Moody's office filed a 67-page brief arguing that justices should uphold a 2022 law that prevents abortions after 15 weeks of pregnancy. The brief said justices should rule that a privacy clause in the Florida Constitution does not protect abortion rights and that past rulings on the issue were "clearly erroneous."
It also argued that decisions about abortion restrictions should be left to the Legislature.
"Rather than allow the legislative process to unfold in response to new scientific and medical developments, this (Supreme) Court's (past) abortion cases have disabled the state from preventing serious harm to women and children and stifled democratic resolution of profoundly important questions touching on the treatment of unborn life, when an unborn child is capable of consciousness and pain, and what medical procedures affecting the procreative process are safe and appropriate to allow," the brief said.
The Supreme Court is considering a challenge by seven abortion clinics and a physician to the constitutionality of the 15-week abortion limit. But the court's decision - particularly on the privacy issue - is expected to play a critical role in determining if abortions are barred after six weeks.
Lawyers in Moody's office filed a 67-page brief arguing that justices should uphold a 2022 law that prevents abortions after 15 weeks of pregnancy. The brief said justices should rule that a privacy clause in the Florida Constitution does not protect abortion rights and that past rulings on the issue were "clearly erroneous."
It also argued that decisions about abortion restrictions should be left to the Legislature.
"Rather than allow the legislative process to unfold in response to new scientific and medical developments, this (Supreme) Court's (past) abortion cases have disabled the state from preventing serious harm to women and children and stifled democratic resolution of profoundly important questions touching on the treatment of unborn life, when an unborn child is capable of consciousness and pain, and what medical procedures affecting the procreative process are safe and appropriate to allow," the brief said.
The Supreme Court is considering a challenge by seven abortion clinics and a physician to the constitutionality of the 15-week abortion limit. But the court's decision - particularly on the privacy issue - is expected to play a critical role in determining if abortions are barred after six weeks.
March 31, 2023
State's Answer Brief
Florida Attorney General Ashley Moody says abortion precedents are 'clearly erroneous'
Florida Attorney General Ashley Moody says abortion precedents are 'clearly erroneous'State's Answer Brief
TALLAHASSEE - As lawmakers consider barring abortions after six weeks of pregnancy, Attorney General Ashley Moody's office late Wednesday urged the Florida Supreme Court to reject more than three decades of legal precedents that have protected abortion rights in the state.
Lawyers in Moody's office filed a 67-page brief arguing that justices should uphold a 2022 law that prevents abortions after 15 weeks of pregnancy. The brief said justices should rule that a privacy clause in the Florida Constitution does not protect abortion rights and that past rulings on the issue were "clearly erroneous."
It also argued that decisions about abortion restrictions should be left to the Legislature.
"Rather than allow the legislative process to unfold in response to new scientific and medical developments, this (Supreme) Court's (past) abortion cases have disabled the state from preventing serious harm to women and children and stifled democratic resolution of profoundly important questions touching on the treatment of unborn life, when an unborn child is capable of consciousness and pain, and what medical procedures affecting the procreative process are safe and appropriate to allow," the brief said.
The Supreme Court is considering a challenge by seven abortion clinics and a physician to the constitutionality of the 15-week abortion limit. But the court's decision - particularly on the privacy issue - is expected to play a critical role in determining if abortions are barred after six weeks.
Lawyers in Moody's office filed a 67-page brief arguing that justices should uphold a 2022 law that prevents abortions after 15 weeks of pregnancy. The brief said justices should rule that a privacy clause in the Florida Constitution does not protect abortion rights and that past rulings on the issue were "clearly erroneous."
It also argued that decisions about abortion restrictions should be left to the Legislature.
"Rather than allow the legislative process to unfold in response to new scientific and medical developments, this (Supreme) Court's (past) abortion cases have disabled the state from preventing serious harm to women and children and stifled democratic resolution of profoundly important questions touching on the treatment of unborn life, when an unborn child is capable of consciousness and pain, and what medical procedures affecting the procreative process are safe and appropriate to allow," the brief said.
The Supreme Court is considering a challenge by seven abortion clinics and a physician to the constitutionality of the 15-week abortion limit. But the court's decision - particularly on the privacy issue - is expected to play a critical role in determining if abortions are barred after six weeks.
March 31, 2023
Church hosting drag show vandalized with Molotov cocktails. Cops want event canceled
Church hosting drag show vandalized with Molotov cocktails. Cops want event canceledAn Ohio church is defying a recommendation by police to cancel a drag show event for children.
The Thursday, March 30, recommendation by the Chester Township Police Department came days after Community Church of Chesterland was vandalized.
The vandalism and protests occurred at the worship center over the churchs decision to hold a Drag Brunch & Story Hour event Saturday, April 1.
Community Church of Chesterland is a small faith community affiliated with the United Church of Christ. The Ohio church has often been at the forefront of social justice movements, including being active participants in Clevelands Pride event.
The upcoming brunch and story hour will feature drag queens Empress Dupree, Ava Aurora Foxx, Monica Mod and Veranda LNi.
Police said the story hour is for children, but the drag brunch held the same day at Element 41 restaurant is only for patrons 18 or older, according to Ideastream Public Media.
Citing fears the events could lead to acts of violence by protesters or counter-protesters, officers are calling for the events to be canceled.
The Thursday, March 30, recommendation by the Chester Township Police Department came days after Community Church of Chesterland was vandalized.
The vandalism and protests occurred at the worship center over the churchs decision to hold a Drag Brunch & Story Hour event Saturday, April 1.
Community Church of Chesterland is a small faith community affiliated with the United Church of Christ. The Ohio church has often been at the forefront of social justice movements, including being active participants in Clevelands Pride event.
The upcoming brunch and story hour will feature drag queens Empress Dupree, Ava Aurora Foxx, Monica Mod and Veranda LNi.
Police said the story hour is for children, but the drag brunch held the same day at Element 41 restaurant is only for patrons 18 or older, according to Ideastream Public Media.
Citing fears the events could lead to acts of violence by protesters or counter-protesters, officers are calling for the events to be canceled.
March 31, 2023
Judge Katherine Menendez strikes down Minnesota's under-21 handgun carry ban
BREAKING: Worth v. Harrington (D. MN): Judge strikes down Minnesota's under-21 carry ban, saying the state failed to show that it "is consistent with the nations history and tradition of firearm regulations as required by Bruen." https://storage.courtlistener.com/recap/gov.uscourts.mnd.194951/gov.uscourts.mnd.194951.84.0.pdf
March 31, 2023
Justice Department, EPA sues Norfolk Southern over toxic train derailment
Justice Department, EPA sues Norfolk Southern over toxic train derailmentThe Department of Justice and the Environmental Protection agency have filed a complaint against Norfolk Southern for the train derailment that spilled hazardous chemicals in East Palestine, Ohio.
The civil complaint, announced Friday, is seeking "penalties and injunctive relief for the unlawful discharge of pollutants, oil and hazardous substances under the Clean Water Act." The complaint also seeks declaratory judgment for past and future costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
"When a Norfolk Southern train derailed last month in East Palestine, Ohio, it released toxins into the air, soil, and water, endangering the health and safety of people in surrounding communities," said Attorney General Merrick B. Garland in the news release announcing the complaint. "With this complaint, the Justice Department and the EPA are acting to pursue justice for the residents of East Palestine and ensure that Norfolk Southern carries the financial burden for the harm it has caused and continues to inflict on the community."
In the East Palestine derailment, on Feb. 3, 38 cars of a 151-car train derailed and 12 others caught on fire. Eleven of the derailed cars contained hazardous materials, including vinyl chloride, butyl acrylate, ethylene glycol monobutyl ether, ethylhexyl acrylate and isobutylene, which are widely considered to be toxic. Chemicals were released into the air in a controlled release and burn to reduce the danger of an explosion. Residents were also evacuated for several days.
Since returning home, some residents have reported health problems, including bronchitis and burning sensations. There have also been wildlife deaths, including tens of thousands of dead fish in waterways within the 7.5 mile radius, and concerns about air and water quality.
"From the very beginning, I pledged to the people of East Palestine that EPA would hold Norfolk Southern fully accountable for jeopardizing the community's health and safety," said EPA Administrator Michael S. Regan in the news release.
The civil complaint, announced Friday, is seeking "penalties and injunctive relief for the unlawful discharge of pollutants, oil and hazardous substances under the Clean Water Act." The complaint also seeks declaratory judgment for past and future costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
"When a Norfolk Southern train derailed last month in East Palestine, Ohio, it released toxins into the air, soil, and water, endangering the health and safety of people in surrounding communities," said Attorney General Merrick B. Garland in the news release announcing the complaint. "With this complaint, the Justice Department and the EPA are acting to pursue justice for the residents of East Palestine and ensure that Norfolk Southern carries the financial burden for the harm it has caused and continues to inflict on the community."
In the East Palestine derailment, on Feb. 3, 38 cars of a 151-car train derailed and 12 others caught on fire. Eleven of the derailed cars contained hazardous materials, including vinyl chloride, butyl acrylate, ethylene glycol monobutyl ether, ethylhexyl acrylate and isobutylene, which are widely considered to be toxic. Chemicals were released into the air in a controlled release and burn to reduce the danger of an explosion. Residents were also evacuated for several days.
Since returning home, some residents have reported health problems, including bronchitis and burning sensations. There have also been wildlife deaths, including tens of thousands of dead fish in waterways within the 7.5 mile radius, and concerns about air and water quality.
"From the very beginning, I pledged to the people of East Palestine that EPA would hold Norfolk Southern fully accountable for jeopardizing the community's health and safety," said EPA Administrator Michael S. Regan in the news release.
March 31, 2023
Another Idaho hospital to stop delivering babies, cites 'labor and delivery staffing'
Another Idaho hospital to stop delivering babies, cites labor and delivery staffingValor Health, the only hospital in Emmett, announced Wednesday that starting in a couple of months, it no longer will provide labor and delivery services to the city of nearly 8,000 people.
A news release from the hospital cited financial challenges and an ongoing staffing crisis as the reasons.
The hospitals board of trustees voted to support the move at a meeting March 28, following recommendations from Valor Health CEO Brad Turpen. The hospital plans to provide care for existing patients through June 1.
Valor Health is already facing an imminent labor and delivery service divert situation, the news release said. It has been increasingly difficult and unsustainably expensive to recruit and retain a full team of high-quality, broad-spectrum nurses to work in a rural setting where nurses need to be proficient in many different fields.
Valor Health is on track to deliver fewer than 50 babies this year, below its historical average of 66 per year, according to the news release.
After June 1, the hospital said it plans to send its patients to health systems outside Gem County for labor and delivery services. The closest hospital to Valor Health is West Valley Regional Medical Center in Caldwell, about 28 miles away.
A news release from the hospital cited financial challenges and an ongoing staffing crisis as the reasons.
The hospitals board of trustees voted to support the move at a meeting March 28, following recommendations from Valor Health CEO Brad Turpen. The hospital plans to provide care for existing patients through June 1.
Valor Health is already facing an imminent labor and delivery service divert situation, the news release said. It has been increasingly difficult and unsustainably expensive to recruit and retain a full team of high-quality, broad-spectrum nurses to work in a rural setting where nurses need to be proficient in many different fields.
Valor Health is on track to deliver fewer than 50 babies this year, below its historical average of 66 per year, according to the news release.
After June 1, the hospital said it plans to send its patients to health systems outside Gem County for labor and delivery services. The closest hospital to Valor Health is West Valley Regional Medical Center in Caldwell, about 28 miles away.
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