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Family loses Supreme Court bid to extend boy’s life support
Lawyer Blog Updates |
2022/08/02 12:00
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Britain’s Supreme Court on Tuesday refused to prevent a hospital withdrawing life support from a 12-year-old boy with catastrophic brain damage, rejecting a bid by his parents to extend his treatment.
The parents of Archie Battersbee had aske Supreme Court justices to block a lower court’s ruling that the Royal London Hospital can turn off the boy’s ventilator and stop other interventions that are keeping him alive.
Archie’s treatment had been due to end at noon on Tuesday, but the hospital said it would await the decision of the Supreme Court.
Justices at the U.K.’s top court said Archie had “no prospect of any meaningful recovery,” and even with continued treatment would die in the next few weeks from organ and heart failure.
The judges agreed with a lower court that continuing treatment “serves only to protract his death.”
Archie was found unconscious at home with a ligature over his head on April 7. His parents believe he may have been taking part in an online challenge that went wrong.
Doctors believe Archie is brain-stem dead and say continued life-support treatment is not in his best interests. Several British courts have agreed.
The family appealed to the U.N. Committee on the Rights of Persons with Disabilities, and wanted the withdrawal of treatment put on hold while the committee examines the case.
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Louisiana Supreme Court’s chief justice reelected
Lawyer Blog Updates |
2022/07/25 12:02
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The chief justice of the Louisiana Supreme Court has won re-election to another 10-year term.
Chief Justice John Weimer was automatically reelected when nobody signed up to challenge him by Friday’s qualifying deadline for the Nov. 8 ballot, The Advocate reported.
Weimer, 67, a former professor at Nicholls State University, first won election to the state’s high court in 2001. He won reelection in 2002 and 2012. In the latter race, he ran unopposed and returned campaign checks to contributors to his campaign.
On Wednesday, he was one of the first candidates to pay the qualifying fees and file the paperwork for the fall election. Weimer’s current term ends Dec. 31.
U.S. District Judge John deGravelles of Baton Rouge lifted a stay July 13 that had blocked the November election for the state Supreme Court’s 6th District, which Weimer represents. The stay arose out of a lawsuit filed in 2019 by the NAACP.
The lawsuit contends that two of the seven Supreme Court districts should have a Black majority in a state where about one-third of the state’s residents are African American. Only one Supreme Court district currently has a Black majority, the one represented by Justice Piper Griffin in New Orleans.
The 6th District, with about 600,000 residents, consists of 12 coastal parishes: Assumption, Iberia, Lafourche, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Martin, St. Mary, Terrebonne, and a portion of the west bank of Jefferson.
The federal court had stopped all Supreme Court races in May. Only Weimer was up for reelection this year. Justices run in staggered terms every two years. The next justice is not on the ballot until 2024.
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Court denies request for emergency halt to Ohio abortion ban
Lawyer Blog Updates |
2022/07/01 10:30
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An emergency stay of Ohio’s newly imposed state ban on abortions at the first detectable “fetal heartbeat” was rejected Friday by the state Supreme Court.
At issue was a request by Ohio abortion providers for the interim delay while the court reviews the question of whether the ban should be overturned. The providers argue the law violates the Ohio Constitution’s broad protections of individual liberty.
Their lawsuit followed imposition of the Ohio ban June 24, the same day the U.S. Supreme Court found the U.S. Constitution does not protect a woman’s right to an abortion. A federal judge lifted his stay on Ohio’s abortion restriction later that night.
The Ohio law prohibits abortions after what it terms a “fetal heartbeat” can be detected, which can be as early as six weeks’ gestation, or before many women know they are pregnant. It makes exceptions for the life of the mother and certain severe health risks.
The office of Attorney General Dave Yost, defending the new law, opposed the emergency stay, saying the Ohio Constitution does not recognize the right to an abortion.
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Tennessee, South Carolina extend health care for new moms
Lawyer Blog Updates |
2022/05/06 12:18
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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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Mexico high court OKs preference for state power plants
Lawyer Blog Updates |
2022/04/07 15:04
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Mexico’s Supreme Court deemed constitutional Thursday a controversial energy law pushed by President Andrés Manuel López Obrador that gives government-owned power plants preference over private competitors.
The law took effect in March 2021, but a number of private energy companies sought injunctions blocking enforcement. With the law ruled constitutional, the injunctions will now have to be resolved.
The law establishes that electricity must be bought first from government power plants, which use primarily coal, oil and diesel to produce energy. If demand requires it, additional electricity could be purchased from private wind, solar and natural gas plants.
Jesús Ramírez, presidential spokesman, celebrated the court’s decision. “History will judge those who betray the country and the interests of Mexican people,” he said via Twitter.
Critics, including the United States government, maintain the law will undermine competition in the sector, hurt the environment and violate free trade agreements. |
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