June, 09 2015, 03:15pm EDT
Fifth Circuit Upholds Texas Clinic Shutdown Law, All But 7 Abortion Clinics At Risk of Closure
Center for Reproductive Rights vows to take case to U.S. Supreme Court
WASHINGTON
The U.S. Court of Appeals for the Fifth Circuit has upheld some of the most harmful provisions of Texas' far-reaching and extreme clinic shutdown law, putting most abortion clinics in the state at risk of closure.
Today's decision allows the state's requirement that every reproductive health care facility offering abortion services meet the same hospital-like building standards as an ambulatory surgical center (ASC) to go into effect in twenty two days for nearly all clinics in the state--a measure that amounts to a multi-million dollar tax on abortion services and would close most abortion providers in the state. While the court partially enjoined the ASC requirement as applied to the last clinic in the Rio Grande Valley, its injunction is so narrow that it may be of little practical benefit to the clinic or the women it serves.
The ruling also reverses the lower court's injunction blocking the state's admitting privileges requirement except as applied to a single doctor. This provision has already forced approximately half the state's abortion clinics to close their doors.
The court said that women in El Paso--who will face a round-trip of over a thousand miles to obtain an abortion in Texas--could travel to New Mexico to access their constitutional right to safe and legal abortion, where there are no ASC or admitting privileges requirements
The Center for Reproductive Rights and the Texas women's health care providers today announced their plans to appeal the case to the U.S. Supreme Court.
Said Nancy Northup,president and CEO of the Center for Reproductive Rights:
"Not since before Roe v. Wade has a law or court decision had the potential to devastate access to reproductive health care on such a sweeping scale.
"Once again, women across the state of Texas face elimination of safe and legal options for ending a pregnancy, and the denial of their constitutional rights.
"The Supreme Court's prior rulings do not allow for this kind of broadside legislative assault on women's rights and health care. We now look to the Justices to stop the sham laws that are shutting clinics down and placing countless women at risk of serious harm."
Said Amy Hagstrom Miller, Founder, President and CEO of Whole Woman's Health:
"With this ruling today, the justice system and our elected politicians put a road full of unnecessary hurdles in front of every woman in Texas who has decided to end her pregnancy. For scores of Texas women, the repercussions of this ruling will be devastating. Ending a pregnancy could mean travelling hundreds of miles and overcoming needless hurdles such as additional costs, childcare, time off, and immigration checkpoints. This is simply unacceptable. Whole Woman's Health will fight this fight and take our case all the way to the Supreme Court in order to get justice for all Texans."
Today's decision comes eight months after the Fifth Circuit allowed the ASC requirement to immediately take effect by staying a lower court's injunction of the law. It had previously allowed the admitting-privileges requirement to take effect. For 12 days, all but seven reproductive health care facilities in the state were prevented from offering safe and legal abortion services--until October 14, 2014, when the United State Supreme Court responded to an emergency application by Texas health care providers and reinstated the injunction, allowing many of the previously closed clinics to reopen their doors.
This is the Center for Reproductive Rights' second challenge to Texas' House Bill 2 (HB2), a sweeping package of anti-choice legislation that was passed in 2013. The first suit--filed in September 2013--challenged the law's unconstitutional admitting privileges requirement statewide and the law's outdated restrictions on medication abortion. These provisions were ultimately upheld by an appellate court panel and refused a rehearing by the entire Fifth Circuit Court of Appeals.
Major medical groups oppose the types of restrictions found in Texas' clinic shutdown law. The American Medical Association (AMA) and the American College of Obstetricians and Gynecologists (ACOG) recently submitted a joint amicus brief opposing the law, stating that "H.B. 2 does not serve the health of women in Texas but instead jeopardizes women's health by restricting access to abortion providers." Medical experts confirm that legal abortion care in the U.S. is extremely safe, with less than 1 percent of patients requiring care in an emergency room.
The clinics and physicians in this challenge are represented by Stephanie Toti and David Brown of the Center for Reproductive Rights, a team of attorneys from the law firm Morrison & Foerster led by J. Alexander Lawrence, and Austin attorneys Jan Soifer and Patrick O'Connell of the law firm O'Connell & Soifer
Harmful and unconstitutional restrictions like these further underscore the need for the federal Women's Health Protection Act (S. 217/HR. 448)--a bill that would prohibit states like Texas from imposing unconstitutional restrictions on reproductive health care providers that apply to no similar medical care, interfere with women's personal decision making, and block access to safe and legal abortion services. Elected officials in Austin and Houston have called for the repeal of HB2 and the passage of the Women's Health Protection Act.
The Center for Reproductive Rights is a global human rights organization of lawyers and advocates who ensure reproductive rights are protected in law as fundamental human rights for the dignity, equality, health, and well-being of every person.
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House Dems Voice 'Deep Concern' Over Biden Claim That Israel Is Legally Using US Arms
A letter from 26 lawmakers notes the "stark differences and gaps" between what Biden administration officials say and the opinions of "prominent experts and global institutions" accusing Israel of genocide.
Apr 16, 2024
More than two dozen House Democrats on Tuesday challenged the Biden administration's claim that Israel is using U.S.-supplied weapons in compliance with domestic and international law—an assertion made amid an ongoing World Court probe of "plausibly" genocidal Israeli policies and practices in Gaza.
Citing "mounting credible and deeply troubling reports and allegations" of human rights crimes committed by Israeli troops in Gaza and soldiers and settlers in the occupied West Bank, 26 congressional Democrats led by Texas Reps. Veronica Escobar—who co-chairs President Joe Biden's reelection campaign—and Joaquin Castro asked U.S. Defense Secretary Lloyd Austin, Secretary of State Antony Blinken, and Director of National Intelligence Avril Haines "whether and how" their agencies determined Israel is lawfully using arms provided by Washington.
"We write to express our deep concern regarding the U.S. Department of State's recent comments regarding assurances from the Israeli government, under National Security Memorandum (NSM) 20, that the Israeli government is using U.S.-origin weapons in full compliance with relevant U.S. and international law and is not restricting the delivery of humanitarian assistance," the lawmakers wrote in a letter to the Cabinet members.
The letter acknowledges the "grave concerns" of institutions and experts around the world regarding Israel's "conduct throughout the war in Gaza, its policies regarding civilian harm and military targeting, unauthorized expansion of settlements and settler violence in the West Bank, and potential use of U.S. arms by settlers, in additional to limitations on humanitarian aid supported by the U.S."
The legislators noted Israeli attacks on aid convoys, workers, and recipients—like the February 29 "
Flour Massacre" in which nearly 900 starving Palestinians were killed or wounded at a food distribution site—and "the closure of vital border crossings" as Gazan children starve to death as causes for serious concern.
While the lawmakers didn't mention the International Court of Justice's January 26
preliminary finding that Israel is "plausibly" committing genocide in Gaza, their letter highlights the "stark differences and gaps in the statements" made by Biden administration officials and "those made by prominent experts and global institutions"—many of whom accuse Israel of genocide.
The lawmakers' letter came amid reports of fresh Israeli atrocities, including a drone strike on a playground in the Maghazi refugee camp in northern Gaza that killed at least 11 children. Eyewitnesses described a "horrific scene of children torn apart."
While Biden has called out Israel's "indiscriminate bombing" in Gaza—much of it carried out using U.S.-supplied warplanes and munitions including 2,000-pound bombs that can level whole city blocks—his administration has approved more than 100 arms sales to Israel, has repeatedly sidestepped Congress to fast-track emergency armed aid, and is seeking to provide the key ally with billions of dollars in addition weaponry atop the nearly $4 billion it gets annually from Washington.
This, despite multiple federal laws—and the administration's own rules— prohibiting U.S. arms transfers to human rights violators.
According to Palestinian and international officials, more than 110,000 Palestinians have been killed or wounded by Israeli forces since October 7. Most of the dead are women and children. At least 7,000 Palestinians are also missing and presumed dead and buried beneath the rubble of hundreds of thousands of bombed-out homes and other buildings.
Around 90% of Gaza's 2.3 million people have been forcibly displaced in what many Palestinians are calling a second Nakba, a reference to the ethnic cleansing of over 750,000 Arabs from Palestine during the establishment of the modern state of Israel in 1948.
A growing number of not only progressive lawmakers but also mainstream Democrats are calling for a suspension of U.S. military aid to Israel.
On Tuesday, Sen. Bernie Sanders (I-Vt.)—who was criticized earlier in the war for not calling for a cease-fire—stood beside a photo of a starving Gazan girl while declaring "no more money for" the far-right government of Israeli Prime Minister Benjamin Netanyahu and his "war machine."
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'Weasel Words': Julian Assange's Wife Slams US Assurances to UK
"The diplomatic note does nothing to relieve our family's extreme distress about his future—his grim expectation of spending the rest of his life in isolation in U.S. prison for publishing award-winning journalism."
Apr 16, 2024
The wife of jailed WikiLeaks founder Julian Assange sharply criticized "assurances" the U.S. government made as the U.K. High Court considers allowing the 52-year-old Australian's extradition to the United States, where he faces 175 years in prison.
The U.S. document states that if extradited, "Assange will have the ability to raise and seek to rely upon at trial (which includes any sentencing hearing) the rights and protections given under the First Amendment of the Constitution of the United States," though it points out that "a decision as to the applicability of the First Amendment is exclusively within the purview of the U.S. courts."
"A sentence of death will neither be sought nor imposed on Assange," the document adds, noting that he has not been charged with any offense for which that is a possible punishment. It comes after the U.K. court ruled last month that the Biden administration had until Tuesday to confirm that he wouldn't face the death penalty and if it did not, he could continue appealing his extradition.
Responding on social media, his wife, Stella Assange—who is an attorney—blasted the U.S. assurances as "weasel words."
"The United States has issued a nonassurance in relation to the First Amendment, and a standard assurance in relation to the death penalty," she said. "It makes no undertaking to withdraw the prosecution's previous assertion that Julian has no First Amendment rights because he is not a U.S citizen."
"The Biden administration must drop this dangerous prosecution before it is too late."
"Instead, the U.S. has limited itself to blatant weasel words claiming that Julian can 'seek to raise' the First Amendment if extradited," she added. "The diplomatic note does nothing to relieve our family's extreme distress about his future—his grim expectation of spending the rest of his life in isolation in U.S. prison for publishing award-winning journalism. The Biden administration must drop this dangerous prosecution before it is too late."
The U.K. court's next hearing is scheduled for May 20. Last week, reporters asked U.S. President Joe Biden about requests from Australian Prime Minister Anthony Albanese and members of the country's Parliament to drop the extradition effort and charges. He said that "we're considering it."
So far, the Biden administration has ignored significant pressure from Australian and U.S. politicians as well as human rights and press freedom groups, and continued to pursue the extradition of Julian Assange, who was charged under former President Donald Trump—the Republican expected to face the Democratic president in the November election.
Assange was charged under the Espionage Act and Computer Fraud and Abuse Act for publishing classified documents including the "Collateral Murder" video and the Afghan and Iraq war logs. Since British authorities dragged Assange out of the Ecuadorian Embassy in London—where he lived with political asylum for seven years—he has been jailed in the city's Belmarsh Prison.
The WikiLeaks founder's wife, with whom he has two children, was not alone in condemning the U.S. assurances on Tuesday.
"This 'assurance' should make journalists even more worried about how the Assange prosecution could impact press freedom in the U.S. and globally. The U.K. should grant Assange's appeal and refuse to extradite him," said the Freedom of the Press Foundation. "The U.S. doesn't disclaim the ability to argue that the First Amendment doesn't apply to Assange because of his nationality or other reasons, or for a court to rule against a First Amendment challenge to his prosecution."
Jameel Jaffer, director of the Knight First Amendment Institute, similarly said that "no one who cares about press freedom should take any comfort at all from the United States' assurance that Assange will be permitted to 'rely upon' the First Amendment."
"If the prosecution goes forward, the U.S. government will be trying to persuade American courts that the First Amendment poses no bar to the prosecution of a publisher under the Espionage Act," Jaffer warned. "And if the government is successful, no journalist will ever again be able to publish U.S. government secrets without risking her liberty."
"So the government's First Amendment assurances aren't responsive at all to the concerns that press freedom advocates have been raising," he concluded. "This case poses essentially the same threat to press freedom today as it did yesterday."
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Workers Stage Sit-Ins to Demand Google End Israeli Cloud Contract
"Just as people of conscience demanded institutions cut ties with apartheid South Africa in the 1980s, the time is now to rise up in support of Palestinian human rights," said Google employees in an open letter.
Apr 16, 2024
Following recent reports that Google may soon expand its tech collaboration with the Israeli government, dozens of the company's employees on Tuesday entered its offices in New York City and Sunnyvale, California and announced that they wouldn't leave until executives pull out of its $1.2 billion cloud services and data contract with the country.
The No Tech for Apartheid coalition—including the Muslim-led MPower Change and the Jewish-led Jewish Voice for Peace—organized the sit-in, which marks an escalation in Google workers' protests against Project Nimbus, the 2021 contract under which Google and Amazon provide cloud infrastructure across Israel's government.
The deal includes a stipulation that the companies cannot prevent Israel from using Project Nimbus for any government agency, including the Israel Defense Forces (IDF)—which means Google employees' work may be directly supporting the country's assault on the Gaza and its killing of at least 33,843 Palestinians since October.
"Workers will NOT allow business as usual while Google continues to profit from the genocide of Palestinians in Gaza," said MPower Change.
In Sunnyvale, workers began occupying the office of Google Cloud CEO Thomas Kurian, while employees in the company's New York office began a sit-in in a common space.
Outdoor rallies were also scheduled to take place in San Francisco and Seattle, with both Amazon and Google employees attending.
Former Google cloud software engineer Eddie Hatfield, who was fired last month for disrupting a Google Israel event, was among those who protested in New York.
The sit-ins came a week after Time magazine reported that Google has entered further negotiations with the Israeli government in recent weeks, even as international human rights experts raise alarm that Israeli officials have directly caused famine to take hold in parts of Gaza by blocking humanitarian aid.
No Tech for Apartheid released an open letter addressed to Kurian and other Google and Amazon executives, saying that as long as the companies' "tech continues to power the Israeli military and government, [they] are actively complicit in this genocide."
"Your workers do not want to be complicit in genocide," reads the letter, which has been signed by 93,000 supporters. "Just as people of conscience demanded institutions cut ties with apartheid South Africa in the 1980s, the time is now to rise up in support of Palestinian human rights, to end the Project Nimbus contract, and join calls to end the Israeli occupation and siege of Gaza. This has never been more urgent. We hope that you will take this opportunity to be on the right side of history. End the Project Nimbus contract and reestablish your companies' commitments to human rights."
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