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Court denies request for emergency halt to Ohio abortion ban
Lawyer Blog Updates | 2022/07/01 10:30
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.


Tennessee, South Carolina extend health care for new moms
Lawyer Blog Updates | 2022/05/06 12:18
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.


Mexico high court OKs preference for state power plants
Lawyer Blog Updates | 2022/04/07 15:04
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.


Not guilty plea entered in alleged drug deal slaying
Lawyer Blog Updates | 2022/03/07 11:10
A defendant accused of fatally shooting a man because he didn’t want to pay him for a drug deal pleaded not guilty in Brown County Circuit Court Monday.

Pedro Santiago-Marquez is charged with first-degree intentional homicide and being party to mutilating a corpse in connection with the Sept. 27 murder of Jason Mendez-Ramos.

Prosecutors say Mendez-Ramos was angry that he had not been paid $80,000 for a cocaine deal. A criminal complaint says rather than pay for the cocaine, Santiago-Marquez shot him in the head with a pistol. The victim’s burned body was found at the edge of the University of Wisconsin-Green Bay campus, WLUK-TV reported.

Security videos, cell phone tracking information, and DNA tie Rodriguez-Garcia to that scene, according to the criminal complaint.

Another man, 47-year-old Alexander Burgos-Mojica, is charged with harboring or aiding a felon in connection with the case. He returns to court March 18 for a balance of initial appearance. Rodriguez-Garcia returns to court March 21 for a status conference on the charge of mutilating a corpse.


Supreme Court ruling gives immigrant facing deportation hope
Lawyer Blog Updates | 2021/06/01 15:34
A Guatemalan man who lived in a Massachusetts church for more than three years to avoid deportation said Tuesday he’s hopeful a recent U.S. Supreme Court decision boosts his efforts to remain in the country.

Lucio Perez’s lawyer, Glenn Formica, also said in a virtual news conference with his client that the April decision in Niz-Chavez vs. Garland also potentially affects the cases of millions more immigrants living in the country illegally.

The high court ruled in the Niz-Chavez case that federal policy has long deprived immigrants facing deportation of proper notification.

U.S. Immigration and Customs Enforcement typically issues a notice of a person’s deportation proceedings and then provides the hearing date and other key details in subsequent communications. The court ruled all relevant information should be included in a single notice.

U.S. Rep. James McGovern, a Massachusetts Democrat who joined Perez for the news conference, said the ruling is an opportunity to renew legislative efforts to overhaul the nation’s immigration laws.

Perez left the First Congregational Church in Amherst in March after receiving a temporary stay of his deportation. He was among more than 70 immigrants nationwide who took sanctuary in churches during former President Donald Trump’s administration.


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