February, 09 2016, 11:00am EDT
ACLU Argues Before Florida Appeals Court in Challenge to Florida Law Mandating a 24-Hour Delay for Women Seeking Abortion Care
Medically Unnecessary Law Designed to Make Abortion Access More Difficult
TALLAHASEE, FL.
The American Civil Liberties Union is today arguing before a Florida appeals court challenging a law that would prevent a woman seeking an abortion from obtaining the procedure for at least 24 hours after meeting with her doctor. The compulsory waiting period would force women to make an additional, medically unnecessary trip to the clinic.
"Florida women are fully capable of making decisions about their health and their families without first being subjected to a mandatory, government-imposed 'time-out,'" said Julia Kaye, a staff attorney with the ACLU Reproductive Freedom Project.
The law was put on hold in July 2015 after Circuit Judge Charles A. Francis concluded that plaintiffs were likely to succeed in proving that it violates the Florida Constitution. The state of Florida appealed that determination to the First District Court of Appeals.
"We are hopeful the appellate court will continue to block this demeaning measure, which only drives a wedge between a woman and her right to safe, legal abortion," said Autumn Katz, staff attorney at the Center for Reproductive Rights.
Prior law already requires physicians to provide patients with information about the risks of abortion and of carrying a pregnancy to term when she arrives for her appointment. Under the law being challenged, politicians -- not women and their doctors -- would determine the appropriate time to provide medical care.
"The mandatory delay introduces a real hardship for many and it will have particularly harsh consequences for low-income women -- who will be forced to miss work, lose wages, and pay for additional travel and child care simply to access health care," said Nancy Abudu, legal director of the ACLU of Florida. "To double the logistical burdens is downright cruel."
This law is only one of a barrage of political efforts to obstruct a woman's access to abortion. The Florida Legislature is currently considering bills that would further restrict abortion access in the state, including legislation that would impose medically unnecessary "TRAP" (targeted regulation of abortion providers) restrictions.
The United States Supreme Court is currently reviewing Texas's TRAP laws in the case Whole Woman's Health v. Hellerstedt. Similar TRAP laws have been struck down or put on hold by courts in Alabama, Louisiana, Mississippi, Oklahoma, and Wisconsin.
Along with the ACLU, this case was brought by the ACLU of Florida and the Center for Reproductive Rights. The plaintiffs are Gainesville Woman Care, LLC, and Medical Students for Choice.
Further information about this case can be found at: https://www.aclu.org/cases/gainesville-woman-care-llc-v-state-florida.
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
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Support for Israel's War on Gaza Plummeting Among Key Biden Voters: Poll
"Given these numbers," said one progressive campaigner, "I don't know how President Biden can reconcile his stalwart support for Israel with the clear preference that his core constituents have for an end to this war."
Mar 27, 2024
A Gallup survey released Wednesday shows that U.S. public support for Israel's military assault on Gaza has plummeted since November, with the decline particularly sharp among Democratic voters whom President Joe Biden will need to turn out to win reelection against presumptive GOP nominee Donald Trump.
Just 18% of Democratic voters currently approve of "the military action Israel has taken in Gaza" and 75% disapprove, according to the new poll, which was conducted between March 1-20. In November, 36% of Democratic respondents expressed approval of Israel's war and 63% disapproved.
"The crosstabs are even more striking—nearly two-thirds of people under 54, people of color, and women disapprove of the military action in Gaza," Sam Rosenthal, political director of the progressive advocacy group RootsAction, told Common Dreams in response to the new poll. "That is effectively the Democratic Party's base."
"Given these numbers," Rosenthal added, "I don't know how President Biden can reconcile his stalwart support for Israel with the clear preference that his core constituents have for an end to this war."
Overall, Gallup found that 55% of the American public—including 60% of Independents and 30% of Republicans—disapproves of Israel's military campaign in the Gaza Strip, up from 45% in November. Just 36% of the U.S. public approves, down from 50% four months ago.
"Biden is risking his second term and our democracy by continuing to support the kind of violence and cruelty that is being perpetrated in Gaza right now."
Observers
noted that Gallup's new poll was conducted after the Israeli military's February 29 massacre of Palestinians seeking food aid. Since October, according to one human rights monitor, Israeli forces have killed more than 560 people waiting for humanitarian aid, the delivery of which Israel's government has intentionally hindered—fueling the spread of famine across the territory.
The Biden administration has backed Israel's assault from the beginning, providing the Netanyahu government with billions of dollars worth of weapons and diplomatic cover despite widespread and growing protests at home and abroad. Gallup's survey found that 74% of U.S. adults say they are following developments in Gaza "closely."
Political analyst Yousef Munayyer wrote on social media that "Biden's policy of continued support for Israel's war on Gaza is in line with the views of the right-wing Republicans," noting that 64% of GOP voters still approve of the Israeli assault—down slightly from 71% in November.
"Just to emphasize how extreme his position is and out of line with his voters," he added, "more Republicans disapprove of the war than Democrats who approve."
Growing Democratic opposition to Israel's military action in Gaza has fueled grassroots campaigns across the country urging voters to mark "uncommitted" on their Democratic primary ballots to pressure Biden to change course ahead of the general election against Trump, who has voiced support for Israel's devastating assault on Gaza.
"Uncommitted" campaigns won 11 Democratic National Convention (DNC) delegates in Minnesota and two in both Michigan and Washington state.
"Biden is risking his second term and our democracy by continuing to support the kind of violence and cruelty that is being perpetrated in Gaza right now," Faheem Khan, president of the American Muslim Advancement Council and a lead organizer of Uncommitted WA, said earlier this week.
Rosenthal of RootsAction told Common Dreams on Wednesday that the U.S. decision to abstain and allow the U.N. Security Council to pass a cease-fire resolution earlier this week was "a step in the right direction, and a clear indication that domestic pressure from campaigns like Listen to Michigan and other uncommitted voting efforts is working."
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"The Comstock Act must be repealed," said the Missouri Democrat.
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Rep. Cori Bush on Tuesday called for the repeal of a long-obsolete law that anti-abortion activists, lawmakers, and judges have worked to revive as part of their nationwide assault on reproductive rights.
"The Comstock Act must be repealed," Bush (D-Mo.) wrote in a social media post on Tuesday as the U.S. Supreme Court heard oral arguments in a case brought by a group of anti-abortion doctors aiming to curtail access to mifepristone—a medication used in more than 60% of U.S. abortions.
"Enacted in 1873, it is a zombie statute, a dead law that the far-right is trying to reanimate," Bush warned. "The anti-abortion movement wants to weaponize the Comstock Act as a quick route to a nationwide medication abortion ban. Not on our watch."
Bush's office said she was the first member of Congress to demand the law's repeal since the U.S. Supreme Court overturned the constitutional right to abortion in the summer of 2022.
The Comstock Act, which hasn't been applied in a century and was repeatedly narrowed following its enactment, prohibits the mailing of any "instrument, substance, drug, medicine, or thing" that "may, or can, be used or applied for producing abortion." Legal experts have described the dormant law as the "most significant national threat to reproductive rights."
Given that "virtually everything used for an abortion—from abortion pills, to the instruments for abortion procedures, to clinic supplies—gets mailed to providers in some form," a trio of experts wrote earlier this year, the anti-abortion movement's "interpretation of the Comstock Act could mean a nationwide ban on all abortions, even in states where it remains legal."
"Enforcing a Victorian-era law would be deeply unpopular and Democrats have a chance to sound the alarm, take action in both chambers, and run on it."
The Biden Justice Department has argued that the Comstock Act "does not prohibit the mailing of certain drugs that can be used to perform abortions where the sender lacks the intent that the recipient of the drugs will use them unlawfully."
But the law has nevertheless been cited with growing frequency by far-right advocacy groups and judges following the overturning of Roe v. Wade.
In 2023, a Trump-appointed federal judge in Texas, Matthew Kacsmaryk, invoked the Comstock Act in a decision suspending the Food and Drug Administration's 2000 approval of mifepristone. In 2021, the FDA said it would allow patients to receive abortion medication by mail—which Kacsmaryk claimed the Comstock Act "plainly forecloses."
That case, which has massive implications for abortion rights nationwide, is now before the U.S. Supreme Court.
During oral arguments on Tuesday, Justices Justices Samuel Alito and Clarence Thomas "repeatedly invoked the Comstock Act," The Washington Postreported, "pressing lawyers about whether the 1873 federal law should apply to abortion drugs sent through the mail today."
The justices' comments raised concerns that they could try to resurrect the Comstock Act in their coming ruling in the mifepristone case.
"While the Biden administration has issued guidance saying that the federal government
will not enforce the laws," the Post noted, "a future administration seeking to restrict abortion could choose to do so."
Donald Trump, the former president and presumptive 2024 Republican nominee, has expressed support for a national abortion ban.
Jezebel's Susan Rinkunas wrote Tuesday that "enforcing a Victorian-era law would be deeply unpopular and Democrats have a chance to sound the alarm, take action in both chambers, and run on it."
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The mega-container ship that lost propulsion before toppling Baltimore's Francis Scott Key Bridge in a Tuesday morning collision was involved in a previous crash, and was cited last year for propulsion-related problems.
Newsweekreported that the Maersk Line Limited-chartered MV Dali—which crashed into the Interstate 695 Patapsco River crossing just before 1:30 am, causing the span to collapse and sending a construction crew into the water—collided with a wall in the harbor at Antwerp, Belgium in 2016. The accident, which was reported by Vessel Finder and other outlets at the time, was attributed to errors made by the ship's master and pilot.
The 9-year-old Dali was also detained by port officials in San Antonio, Chile last June after inspectors discovered a problem related to the vessel's "propulsion and auxiliary machinery," according toThe Washington Post, which cited records from the intergovernmental shipping regulator Tokyo MOU.
The ship's owner, Grace Ocean Private Ltd., and operator, Synergy Marine, "have been sued at least four times in U.S. federal court on allegations of negligence and other claims tied to worker injuries on other ships owned and operated by the Singapore-based companies," according toThe Associated Press.
Maersk was also sanctioned last year by the U.S. Labor Department for allegedly stopping employees from reporting safety concerns, documents published by The Lever revealed.
According to a July 14, 2023 Labor Department letter to Maersk regarding an Occupational Safety and Health Administration investigation, the Danish company "suspended and then terminated" a worker "in retaliation for reporting unsafe conditions and contacting the U.S. Coast Guard."
The fired employee "engaged in numerous protected activities" including reporting a leak and the need for repairs to a ship's cargo hold bilge system, alcohol use aboard the vessel by crew members, and inoperable equipment including an emergency fire pump and lifeboat block and releasing gear.
The search for six construction workers who were on the bridge when it collapsed into the river was suspended until Wednesday, according toThe Associated Press. The workers are presumed dead by their employer, Brawner Builders. Local media reported that multiple vehicles plunged into the river and that two workers—one of whom was briefly hospitalized—were rescued from the water.
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