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Judge Allows Parents to Use Dead Son’s Sperm to Make a Grandchild

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  • A judge has allowed the parents of a deceased West Point cadet to use their son’s sperm for reproductive purposes.
  • The family claims their son long dreamed of having kids and says this will allow for his legacy and family name to be carried on.
  • The ruling has raised several ethical concerns over whether or not it is okay to posthumously reproduce without someone’s consent.

Judge Rules That Sperm Can Be Used

A New York Supreme Court justice ruled that the parents of a West Point cadet who died in March can retrieve his sperm and use it for reproductive purposes.

Peter Zhu was injured in a skiing accident in on February 23. Four days later, the 21-year-old was pronounced brain dead.

However, because Zhu was an organ donor his body was kept alive for a few more days. During this time, his parents, Yongmin and Monica Zhu received a court order that allowed for his sperm to be retrieved as doctors were removing his organs for donation. At this time, it was unclear if they would actually be able to use the sperm.  

Mr. and Mrs. Zhu claimed that it was their son’s wish to have children. They said that using his sperm would allow for the family name to be carried on and keep their son’s legacy alive.

In the judge’s ruling, there are several claims that Peter Zhu would often talk to his parents about “his dream of having several children, and the responsibility he felt to carry on his cultural and family legacy.”

On May 17, Justice John Colangelo granted his parents the right to use his sperm.

“At this time, the Court will place no restrictions on the use to which Peter’s parents may ultimately put their son’s sperm, including its potential for procreative purposes,” he wrote in the ruling.

As of now, it is unclear what kind of plans Mr. and Mrs. Zhu have for using the sperm, and it looks like they might wait before using it.

Justice Colangelo added in his ruling that when and if they choose to use it, it would not tarnish their son’s legacy.

“Should his parents choose to do so in the future, it would not do violence to his memory,” he wrote.

Case Raises Questions of Ethics

This ruling raised questions many have been asking for a long time regarding the ethics of posthumous procreation.

The first posthumous retrieval of sperm was reported back in 1980, and the first birth as a result of the process was reported almost two decades later in 1999. Since these cases, many have questioned whether or not consent from the deceased should be required before using their genetics to reproduce.

In Zhu’s case specifically, his parents did not have his direct permission to use his sperm in the event of his death. However, Mr. and Mrs. Zhu cited a paper he wrote at school, where he said his dream in life was to get married, have kids, and pursue a career in the military.

Several reports have been written over the years on this topic with differing opinions as to whether or not this would be enough consent to carry out the process.

A peer-reviewed journal report published in the year 2000 called Human Reproduction noted that there are grey areas.

“Written consent or verbal consent documented by a health care provider is not an absolute requirement, although such documentation would be desirable,” the report concluded.

The report did expand upon its point and acknowledged that while family members might have conflicts of interest when it comes to using the sperm, there are still cases when it could be ethical.

“It is possible that in some cases a reasonable inference can be made if the patient has previously discussed these matters with family members,” the report continued.

However, a 2018 ethics report from the American Society for Reproductive Medicine emphasized a stronger need for consent.

“Posthumous gamete (sperm or oocyte) retrieval or use for reproductive purposes is ethically justifiable if written documentation from the deceased authorizing the procedure is available,” their report says.

But it goes on to make one exception, saying “In the absence of written documentation from the decedent, programs open to considering requests for posthumous use of embryos or gametes should only do so when such requests are initiated by the surviving spouse or partner.”

In most cases where someone asks to use a sperm or embryo posthumously, the request is usually coming from a surviving spouse. However, Zhu’s case is not the first involving a request from parents.

In 2007, a court in Iowa granted a request by parents to retrieve their son’s sperm so that they could donate it to their son’s fiance.

A judge in Texas granted a mother the right to have her son’s sperm retrieved when he died at the age of 21 in 2009. She intended to hire a surrogate to carry his child.

Next Steps for the Zhu Family

Now that a judge has made a ruling, there are several steps for Mr. and Mrs. Zhu to take that could be complicated.

According to the New York Times, finding a surrogate willing to carry the baby may not be easy. The same goes for finding a fertility clinic willing to give the sperm to the surrogate so the baby can be raised by its grandparents.

The Times also reported that some hospitals have restrictions on how long they are willing to hold the sperm of a deceased person.

But Westchester Medical Center, which is in the county the ruling was given in, gave a statement to the Washington Post about the situation.

“From time to time, like most hospitals, Westchester Medical Center is presented with complex legal and ethical situations where guidance from the court is appropriate and appreciated,” they said before adding that they are “grateful the family sought a court order during such a difficult time.”

See what others are saying: (New York Times) (TIME) (Washington Post)

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Ohio Police Fatally Shoot Black Teenage Girl

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  • Ma’Khia Bryant, a 16-year-old Black girl, was fatally shot by a Columbus police officer Tuesday afternoon.
  • Police released body camera footage that appears to show Bryant lunging at two other women with a knife before the officer opened fire.
  • Members of Bryant’s family disputed parts of the police department’s version of events, including Bryant’s aunt, who said the teen called police and was trying to defend herself from people who had come to her foster and threatened her with physical assault.
  • The incident came just before a Minnesota jury convicted former officer Derek Chauvin for the murder of George Floyd, exacerbating frustrations over repeated police killings of Black people in America.  

Ma’Khia Bryant Shot by Police

Columbus police shot and killed a Black teenage girl Tuesday, shortly before the verdict against Derek Chauvin was convicted of murdering George Floyd, adding tension to existing conversations about excessive use of force from police against Black people.

The girl was identified as 16-year-old Ma’Khia Bryant by a spokesperson for Franklin County Children’s Services, who said she had been in foster care. 

During a news conference late Tuesday night, Columbus police said the shooting happened after they received a 911 call around 4:30 from someone who said that women were trying to stab them before hanging up.

The law enforcement officials also played segments of body camera footage from the officer who fired the shots, which they said showed the victim lunging at two others with a knife.

In the graphic video, the officer is seen getting out of his car as Bryant appears to chase someone who falls onto the sidewalk. She then lunges at another person, and the officer yells “get down” three times before quickly firing at least four shots at the teenager.

Bryant collapses on the ground, and the bodycam video shows a knife next to her as officers attempt CPR. People at the scene immediately start screaming, and one man can be heard yelling, “You didn’t have to shoot her! She’s just a kid, man!”

“She had a knife,” the officer responds. “She just went at her.”

Police officials said Bryant was taken to the hospital, where she was pronounced dead. Notably, they did not identify the officer who shot her, though they did say he would be pulled off patrol duty while the Ohio Bureau of Criminal Investigation conducts an inquiry.

Some of Bryant’s family members contradicted elements of the police report. Her aunt, Hazel Bryant, told The Daily Beast that adult women had come to the foster home and started an altercation with her niece, who called the police.

Hazel claimed that Ma’Khia grabbed the knife to defend herself and was fending off a physical assault when the police arrived. She also told a local outlet that the teenager had dropped the knife before she was shot, but the slow-motion capture of the video shown by the police appears to show the knife in her hand at the time.

Protests & Response

According to local reports, shortly after the shooting, a group of roughly 60 people gathered at the site to demonstrate but dispersed around 10 p.m. Others protesters also took the streets of downtown, with many gathering in front of the Columbus Police Department headquarters.

The shooting quickly sparked a widespread response on social media and #MKhiaBryant became a trending Twitter hashtag. Many argued that the shooting, which coincided so closely with the Chauvin verdict, shows that single instances of police accountability do not change systemic problems.

“The emotional contrast between the #DerekChauvinVerdict and the killing of #MaKhiaBryant is exactly why we must not use small wins to justify the end of large fights!” tweeted Derrick Johnson, the president of the NAACP. “We must stay steadfast in our pursuit of #PoliceAccountability WE NEED #PoliceReformNOW”

Other users also condemned the officer for immediately shooting Bryant instead of trying to de-escalate the situation or use other tactics like a Taser. Some asserted that if police can arrest white men who commit mass shootings without killing them, they can do the same for a Black teenager with a knife.

“In a world where the police can safely apprehend white male mass shooters. I would really like to know why a trained police officer assumed that the only way to deescalate a fight, where a 16 year old black girl had a knife, was to immediately shoot her dead,” one user wrote.

See what others are saying: (The New York Times) (The Daily Beast) (The Columbus Dispatch)

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USDA Extends Free Meals for All Students Through June 2022

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  • The U.S Department of Agriculture will extend free meals for kids at schools and daycare facilities through the 2021-2022 school year.
  • The move will bring much-needed relief to families across the country as an estimated 12 million children are experiencing food insecurity amid the coronavirus pandemic. 
  • The extension also gives schools time to prepare and improve their current meal distribution systems without having to scramble to process a massive influx of free lunch applications at the start of the year.

USDA Call for Free Lunch Extension

The U.S Department of Agriculture announced Tuesday that it will extend free meals for children at schools and daycare facilities through the 2021-2022 school year.

In the early days of COVID-19 last March, the USDA implemented Child Nutrition waivers that cut through barriers to allow kids to eat free even outside of normal school settings and meal times.

Those waivers also allowed schools the flexibility to adapt their own programs to better meet the needs of their families. For instance, they allowed parents to do a curbside pickup of multiple days of food at once for students learning from home, even without the student being present. In many cases, they allowed for meals to be dropped off at a student’s home if they continue to learn virtually part- or full-time.

The USDA even increased the school’s meal reimbursement budgets to allow for healthier options and cover bigger costs that came due to added transportation and labor, as well as pandemic-related supply shortages for to-go boxes, Personal Protective Equipment, and more.

These waivers were only supposed to last until Sept. 30, which left a ton of families uncertain about what to do after that as many continue to struggle financially.

Helps Remove Extra Burdens

Now, the extension will bring much-needed relief to families across the country because according to the USDA, an estimated 12 million kids are experiencing food insecurity amid the coronavirus pandemic.

While celebrating more free meals for students, school nutrition groups have also pointed to the fact that this gives schools time to prepare and improve their current meal distribution systems after the surge in need this current school term.

Diane Pratt-Heavner, director of media relations for the School Nutrition Association, the trade group for school food-service manufacturers and professionals, told The Washington Post, “Schools aren’t going to have to scramble to collect applications from families that are eligible.

“At the start of every school year, this is a huge task for administrators to collect and process the applications, a task made bigger because during the pandemic there are more families eligible who may never have applied before.”

It also means fewer “touch points” like keypads that take pin numbers to prove free meal eligibility. 

See what others are saying: (The Hill) (The Washington Post) (EdSource)

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Chauvin Trial Judge Says Rep. Waters Comments Could Be Grounds for Appeal

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  • Judge Peter Cahill, who is overseeing the trial of former police officer Derek Chauvin, said on Monday that Rep. Maxine Waters’ (D-Ca.) suggestion that protesters “get more confrontational” if the jury does not return a guilty verdict could be grounds for the case to be appealed.
  • Cahill’s remarks came after Chauvin’s lawyer moved for a mistrial, arguing that  Waters’ comments, made this weekend, amounted to threats and intimidation. Cahill rejected the motion.
  • Republican politicians quickly condemned Waters and claimed she was inciting violence, including House Minority Leader Kevin McCarthy (R-Ca.), who proposed a measure to censure her.
  • Democrats defended the Congresswoman, arguing she was not encouraging unrest and accused McCarthy of hypocrisy. Others slammed Cahill, arguing he was undermining free speech and pointing to incidents where similar remarks were not considered grounds to appeal a case.

Judge Cahill Admonishes Rep. Waters

The judge overseeing the trial against Derek Chauvin, the former Minneapolis police officer accused of murdering George Floyd, said Monday that comments made by Rep. Maxine Waters (D-Ca.) over the weekend could be grounds for the entire case to be appealed.

While speaking in Minneapolis on Saturday, Waters said that protesters should “stay on the street” and “get more confrontational” if Chauvin is acquitted.

Following closing arguments Monday afternoon, Chauvin’s lawyer, Eric Nelson, asked for a mistrial, arguing that the Congresswomen’s remarks amounted to threats and intimidation against the jury.

Judge Peter Cahill, who ended every day of testimony by telling jurors “have a good night and don’t watch the news,” dismissed the request, arguing that he believed her remarks would not prejudice the jury, but adding a key caveat.

“I’ll give you that Congresswoman Waters may have given you something on appeal that may result in this whole trial being overturned,” he said. “I wish elected officials would stop talking about this case, especially in a manner that is disrespectful to the rule of law and to the judicial branch and our function.”

Response & Backlash

Immediately, numerous Republicans seized on Cahill’s comments, condemning Waters and accusing her of inciting violence.

House Minority Leader Kevin McCarthy (R-Ca.), announced on Twitter that he was introducing a resolution to censure Waters.

Many also defended Waters, claiming she was not inciting violence. That includes House Speaker Nancy Pelosi (D-Ca.) who said her colleague was talking “about confrontation in the manner of the civil rights movement.” 

Others who took to Twitter echoed that, arguing that McCarthy was being a hypocrite because he himself spread false election claims promoted by former President Donald Trump. Those claims would later incite the Jan. 6 insurrection.

Some additionally accused the minority leader of censuring a Black woman for speaking out against violence in her community but refusing to take any action against members of his party. Many specifically flagged Rep. Matt Gaetz (R-Fl.), who is being investigated for sex trafficking a minor, and Rep. Marjorie Taylor Greene, who previously posted racist and antisemitic comments on social media and liked posts calling for Pelosi to be assassinated.

Others took direct aim at Judge Cahill, arguing that he was undermining Waters’ right to free speech and that he was the one who warned the jury not to pay attention to the news but did not sequester them from the get-go.

That point was bolstered by some who pointed out previous incidents where similar remarks were not considered grounds to appeal a case.

“If a statement from Maxine Waters can be used as justification to overturn a guilty verdict for Derek Chauvin on appeal, then courts are gonna have to go back and revisit every single case where Donald Trump made a comment about pending trials for 4 years when he was in office,” CNN commentator Keith Boykin wrote.

See what others are saying: (The New York Times) (The Washington Post) (CNN)

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