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Federal horserace authority rules again blocked in 2 states
Law Firm Information |
2022/08/11 11:04
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A national horse racing authority has again been blocked by a federal court from enforcing some of its rules in the states of Louisiana and West Virginia.
A north Louisiana federal judge last month had blocked the Horseracing Integrity and Safety Authority from enforcing its rules in the two states.
That ruling was put on hold last week by the 5th U.S. Circuit Court of Appeals. But a revised ruling this week from the New Orleans-based appeals court keeps some of the limits on enforcement in place.
Rules blocked under the latest court order deal with the authority’s access to racetrack records and facilities, the calculation of state fees paid to the authority, and definitions of which horses are covered by the regulations.
The appeals court on Wednesday set arguments in the case for Aug. 30.
State and racing officials in Louisiana and West Virginia had sued to prevent the rules from going into effect. |
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Court denies request for emergency halt to Ohio abortion ban
Law Firm Information |
2022/07/01 10:26
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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
Law Firm Information |
2022/05/06 12:17
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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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Groups sue over conditions in S. Carolina’s juvenile lockups
Law Firm Information |
2022/04/27 17:15
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Several civil rights groups are suing South Carolina over conditions at its juvenile lockups, alleging that children in state custody are subject to violence and isolation while deprived of educational or rehabilitative programs.
The lawsuit filed in federal court Tuesday comes less than two weeks after officials at the state Department of Juvenile Justice agreed to make changes at its main detention center following a federal investigation that found the state was violating the civil rights of youths housed there.
But that agreement doesn’t go far enough because it only addresses issues at the Broad River Road Complex in Columbia, the groups said in their complaint, arguing that the Department of Juvenile Justice also needs to fix conditions at four other facilities across the state.
The American Civil Liberties Union of South Carolina, the NAACP Office of General Counsel and two law firms filed the lawsuit on behalf of the state’s NAACP conference, the criminal justice reform organization Justice 360, and Disability Rights South Carolina.
Echoing findings by federal and state investigators in recent years, the complaint describes routine youth-on-youth violence and violence by staff against the youths that agency employees often ignore or enable. Children who commit minor infractions are also placed in isolation, spending up to 23 hours a day in small cells without natural light.
One officer told a 16-year-old who was assaulted by three other children earlier this year to stay away from facility cameras so he would not be seen bleeding, the complaint alleges. Another child was beaten and choked by five members of the agency’s police force while handcuffed and shackled over accusations of robbing staff; he was then hogtied and blocked from filing a grievance, according to the complaint.
A lack of staff means children are often detained past the legal limit of 45 days at evaluation centers across the state, the groups said. At the main pre-trial detention center in Columbia, some youths sleep in plastic makeshift “boat beds” because of a lack of bed space. Youths live in unsanitary conditions, with human waste on the floors and cockroaches in the food, the complaint states.
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Gangs control who eats at Mississippi jail, monitor says
Law Firm Information |
2022/02/23 15:21
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Gangs inside a Mississippi jail often determine whether other inmates receive meals, a court-appointed monitor testified in a federal court hearing.
Elizabeth Simpson testified Tuesday that staffing shortages are so severe at Hinds County’s Raymond Detention Center that gangs and “inmate committees” control certain aspects of life, including whether some inmates get to eat, WLBT-TV reported.
A former administrator of the jail, Maj. Kathryn Bryan, learned staff would put food on carts to take to the jail’s housing units and would let the inmates distribute it, Simpson said. In two cases this January, detainees in a mental health unit were suffering severe weight loss as a result, Simpson said.
U.S. District Judge Carlton Reeves issued a civil contempt order Feb. 4, saying officials in Mississippi’s largest county have failed to fix problems at the jail. He started holding hearings last week to determine whether to order a receivership in which the federal government would take over operation of the jail, with Hinds County paying the tab.
Simpson testified Tuesday that inmate committees determined whether certain detainees could remain in housing units known as pods.
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