Lawyer Blog Post 2022/07/29 11:25
A sweeping abortion bill designed to protect access to the procedure in Massachusetts at a time when many other states are restricting or outlawing abortions was signed into law Friday by Republican Gov. Charlie Baker.
The new law attempts in part to build a firewall around abortion services in the state after a U.S. Supreme Court ruling overturned Roe v. Wade last month.
The law protects abortion providers and people seeking abortions from actions taken by other states, including blocking the governor from extraditing anyone charged in another state unless the acts for which extradition is sought would be punishable by Massachusetts law.
The bill also states that access to reproductive and gender-affirming health care services is a right protected by the Massachusetts Constitution; requires the state’s Medicaid program, known as MassHealth, to cover abortions; allows over-the-counter emergency contraception to be sold in vending machines; and requires public colleges and universities to create medication abortion readiness plans for students.
A unique Texas law banning most abortions after about six weeks is enforceable through lawsuits filed by private citizens against doctors or anyone who helps a woman obtain an abortion.
Lawyer Blog Post 2022/07/01 10:26
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.
Lawyer Blog Post 2022/06/20 12:50
Construction is scheduled to begin this week on a long-planned road project in the south end of Burlington, Mayor Miro Weinberger said.
The comments came after a federal judge lifted an order that blocked work on the first phase of what is known as the Champlain Parkway.
The first phase of construction will include tree removal and work to protect a brook running through the area.
Opponents say the project does not match current transportation needs and will harm residents in one of the city’s poorest neighborhoods.
In the Friday order, U.S. District Court Judge Geoffrey Crawford said beginning construction of the parkway would not cause irreparable harm to those who oppose the project and there will be time to address in court those underlying issues.
The Champlain Parkway is designed to be a two-lane road that will eventually connect Interstate 189 with downtown Burlington.
The $45 million, two-mile (three-kilometer) project is designed to improve traffic circulation, alleviate overburdened roadways, protect Lake Champlain through enhanced storm water management, and improve vehicular, bike, and pedestrian safety.
Lawyer Blog Post 2022/05/18 12:42
Kansas’ highest court on Wednesday upheld a Republican redistricting law that makes it harder for the only Democrat in the state’s congressional delegation to win reelection in a big victory for the GOP.
The state Supreme Court declined for now to declare that overly partisan gerrymandering violates the Kansas Constitution. The ruling sets district boundaries less than a month before the state’s June 10 filing deadline for congressional candidates.
The court’s opinion was two paragraphs long, saying only that the voters and voting rights group challenging the map “have not prevailed on their claims” that the map violated the state constitution and that a full opinion would come later.
The brief decision was written by Justice Caleb Stegall, who is seen as the most conservative of the court’s seven justices, five of whom were appointed by Democratic governors. During arguments from attorneys on Monday, he questioned whether anyone could clearly define improper partisan gerrymandering.
Lawsuits over new congressional district lines have proliferated across the U.S., with Republicans looking to recapture a U.S. House majority in this year’s midterm elections. Congressional maps in at least 17 states have inspired lawsuits, according to the nonpartisan Brennan Center for Justice.
In the past, congressional district lines have been reviewed by federal judges and not the state Supreme Court. The conservative-leaning U.S. Supreme Court ruled in a 5-4 decision in 2019 that complaints about partisan gerrymandering are political issues and not for the federal courts to resolve.
The state’s Republican-appointed solicitor general argued in defending the GOP-drawn map that because the state constitution doesn’t specifically mention gerrymandering or congressional redistricting, the Kansas Supreme Court should reject the legal challenges. He and other state officials said that the justices had no guidance on how to define improper political gerrymandering.
Lawyer Blog Post 2022/05/12 09:22
A Georgia representative is proposing that Congress condemn attempts to criminally prosecute people who perform abortions, have abortions or experience miscarriages.
Rep. Nikema Willams, an Atlanta Democrat who formerly lobbied for Planned Parenthood in the southeast, is introducing her resolution Thursday, and has already collected 115 co-sponsors, all Democrats, her spokesman said.
The resolution also supports keeping contraceptives and abortion pills available, and using puberty blockers, hormones and other procedures when medically necessary to treat transgender people.
“Someone you know, someone in your family, or someone you love currently relies on or will need these services,” the congresswoman said in a statement.
The move comes after a Democratic effort in the U.S. Senate to enshrine abortion access into federal law fell far short of breaking a filibuster on Wednesday. Williams’ effort and the Senate debate follow a leaked draft U.S. Supreme Court opinion suggesting that justices will overturn the 50-year-old Roe v. Wade decision that created a nationwide right to abortion, leaving states to decide such questions.
The resolution would not have the force of law, but would help Democrats highlight what they see as Republican overreach. Some women have already been prosecuted for fetal harm due to alcohol and drug use during pregnancy. Louisiana lawmakers, despite opposition from anti-abortion groups who say it goes too far, are debating a bill that would make women who get abortions subject to prosecution for murder. And several states recently banned certain medical treatments for transgender youth.
Lawyer Blog Post 2022/05/02 14:33
A unanimous Supreme Court ruled Monday that Boston violated the free speech rights of a conservative activist when it refused his request to fly a Christian flag on a flagpole outside City Hall.
Justice Stephen Breyer wrote for the court that the city discriminated against the activist, Harold Shurtleff, because of his “religious viewpoint,” even though it had routinely approved applications for the use of one of the three flagpoles outside City Hall that fly the U.S., Massachusetts and Boston flags.
Occasionally, the city takes down its own pennant and temporarily hoists another flag.
Shurtleff and his Camp Constitution wanted to fly a white banner with a red cross on a blue background in the upper left corner, called the Christian flag, to mark Constitution Day, Sept. 17, in 2017.
The city had approved 284 consecutive applications to fly flags, usually those of other nations, before it rejected Shurtleff’s because it was a Christian flag. The city said he could fly a different banner, but Shurtleff refused, and lower courts upheld the city’s decision.
But the high court said the lower courts and the city were wrong. The case hinged on whether the flag-flying is an act of the government, in which case Boston can do whatever it wants, or private parties like Shurtleff, Breyer wrote.