- The Supreme Court heard arguments Wednesday in June Medical v. Russo, the first major abortion case that will be heard by Trump’s appointees.
- The case centers around a Louisiana law that says doctors cannot provide abortion services unless they have admitting privileges at a hospital within 30 miles of where they provide care.
- In 2016, the court ruled against a very similar Texas law in Whole Woman’s Health v. Hellerstedt.
- If the court sides with the law, there would likely only be one doctor left in Lousiana who could provide abortions.
June Medical v. Russo
The Supreme Court heard arguments on Wednesday in what could be a historic case stemming from a controversial abortion law in Lousiana.
The law, known as Act 620, says doctors cannot provide abortion services unless they have admitting privileges at a hospital within 30 miles of where they provide care. Louisiana already has some of the strictest abortion laws in the United States. Currently, there are only three clinics in the state. If this law survives the court, there would likely only be one doctor in Louisiana who could provide abortions.
This case, June Medical v. Russo, is the first major abortion case being heard by the current makeup of the Supreme Court, including Trump’s appointees, Justice Neil Gorsuch and Justice Brett Kavanaugh. In 2016, the court heard a case involving a very similar law in Texas. It had the same rule about admitting privileges within 30 miles, but also included a piece mandating that clinics need facilities comparable to a surgical center. That case, Whole Woman’s Health v. Hellerstedt, ended with the court ruling that the law was unconstitutional.
“The Court concluded that there ‘exists’ an ‘undue burden’ on a woman’s right to decide to have an abortion,” Justice Stephen Breyer wrote in the decision, “and consequently a provision of law is constitutionally invalid, if the ‘purpose or effect’ of the provision ‘is to place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.’”
Whole Woman’s Health v. Hellerstedt was considered a major win for abortion rights activists, but this win is now in jeopardy as the new Supreme Court makeup could lead to an opposite ruling in June Medical v. Russo.
SCOTUS Hears Arguments
The case of Whole Woman’s Health v. Hellerstedt brought up a lot in Wednesday’s arguments. Louisiana Solicitor General Elizabeth Murrillo argued in favor of Act 620 and maintained that the law was not identical to the law in Texas, thus warranting a different decision.
“The law was different, the facts are different,” she said. “The regulatory structure is different. And the record is different. And all of those things dictated a different result.”
Chief Justice John Roberts pressed her on if there were real differences in these laws state to state. Murrill insisted that the law “serves a greater benefit” in this case.
She also said the law serves to protect the safety of women who could potentially face complications after an abortion. She said it is justified by “abundant evidence of life-threatening health and safety violations, malpractice, noncompliance with professional licensing rules, legislative testimony from post-abortive women, testimony from doctors who took care of abortion providers’ abandoned patients.”
On the other side, Julie Rikelman argued against the law as the representation for June Medical Services. She maintained that abortion in Louisiana is a low-risk procedure and that these extra measures do not need to be taken.
“Abortion in Louisiana in the years before the law was extremely safe, with a very low rate of complications,” she explained.
She also said that if something were to go wrong, patients are usually not in a situation that would be aided by this law.
“When complications do occur, it’s almost always after the woman [has left] the clinic,” she said.
As for Whole Woman’s Health v. Hellerstedt, Rikelman claimed that the cases were the same and that the 2016 decision should be respected in this case.
“This case is about respect for the Court’s precedent,” she said before explaining that the law does not have any medical benefit or support from the medical community.
“Nothing, however, has changed that would justify such a legal about-face,” she said. “In fact, even more medical organizations have joined the [American Medical Association] and [American College of Obstetricians and Gynecologists] to say that admitting privileges impose barriers to abortion with no benefit to patients and that this impact is not state dependent.”
After arguments were made, Nancy Northup, president and CEO of the Center for Reproductive Rights, gave a statement further supporting the Whole Woman’s Health v. Hellerstedt decision.
“The arguments made clear that we are re-fighting a legal issue that we have already won and we’re refighting that legal issue because Louisiana is in open defiance of the Supreme Court’s ruling in the Whole Woman’s Health case,” she wrote.
Pro-life advocates also spoke publicly about the case.
“We’re are excited to stand proudly alongside Louisiana women who are making sure their voices are heard because they have been hurt by the abortion industry,” Alexandra Seghers, director of education at Louisiana Right to Life told NBC.
Activists Gather in D.C.
As arguments were ongoing, pro-abortion activists gathered outside the Supreme Court to protest Act 620 in Louisiana and urge the court to deem it unconstitutional. Celebrities like Busy Philipps and Elizabeth Banks attended and spoke in front of the crowd.
“Today we are taking the opportunity to present reproductive freedom, including abortion, for exactly what it is: no less than liberty itself,” Banks said.
Sen. Chuck Schumer Sparks Controversy
Senate Minority Leader Chuck Schumer (D-NY) also spoke in front of the pro-choice activists, which led to a spat between him and other politicians. Some thought his statements were threatening to the court.
“Republican legislatures are waging a war on women, all women. And they’re taking away fundamental rights,” Schumer said to the crowd. “I want to tell you, Gorsuch; I want to tell you, Kavanaugh: You have released the whirlwind, and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.”
Chief Justice Roberts issued a statement following this condemning the remarks.
“Justices know that criticism comes with the territory, but threatening statements of this sort from the highest levels of government are not only inappropriate, they are dangerous,” he wrote.
President Donald Trump also tweeted about Schumer’s comments, saying the Senator must “pay a severe price for this!”
On Thursday morning, Schumer expressed regret for his words on the Senate floor.
“I should not have used the words I used yesterday. They didn’t come out the way I intended them to,” he said. “In no way was I making a threat. I never — never — would do such a thing.”
A decision for June Medical v. Russo is not expected until June. Right now, it is unclear which direction it will lean in, though many speculate the justices will stand by the Louisiana law. The Center for Reproductive Rights, however, told BuzzFeed News that they were hopeful. Rikelman also told them that she was “cautiously optimistic.”
See what others are saying: (NPR) (Vox) (New Yorker)
Florida Breaks Its Record for New Daily COVID-19 Cases and Hospitalizations
The Sunshine State now accounts for 20% of all new COVID-19 cases nationwide.
Florida Becomes COVID Epicenter
Florida reported 10,207 COVID-19 hospitalizations on Sunday, marking its largest single-day count to date. The grim record comes just one day after the Centers for Disease Control and Prevention released data showing that the state had counted 21,683 new infections Friday, its highest record of daily cases since the start of the pandemic.
Florida has become the new epicenter of the most recent U.S. outbreaks driven by the delta variant. The state now accounts for one out of every five new cases, and the weekend numbers are highly significant because they surpass previous records that were logged before vaccines were readily available.
Notably, Florida’s vaccination rate is actually the exact same as the nationwide average of 49% fully vaccinated, according to The New York Times tracker. In fact, Florida’s rate is the highest among the top 10 states currently reporting the most COVID cases.
While Gov. Ron DeSantis (R) has encouraged Florida residents to get vaccinated, he and the state’s legislature have also made it much harder for local officials to enforce protections to mitigate further spread.
DeSantis Bars Masking in Schools
On the same day that the state reported its highest cases ever, DeSantis signed an executive order banning school districts from requiring students to wear a mask when they go back to school later this month.
The move directly contradicts guidance issued by the CDC last week, which recommended that everyone inside K-12 schools wear a face covering.
DeSantis, for his part, has repeatedly claimed the spikes are part of “seasonal” increases driven by more people being indoors and air-conditioning systems circulating the virus. Still, he argued also Friday that he did not think masks were necessary to prevent children from transmitting COVID in the classroom, where they are inside with air conditioning.
At the same time, last week, Florida reported more than 21,000 infections among children younger than 19.
Florida is not the only state that has banned schools from requiring masks. In fact, many of the states suffering the biggest spikes have done the same, including Arkansas, Oklahoma, and Texas — which all currently rank among the top 10 states with the highest per capita COVID cases.
See what others are saying: (The Washington Post) (NPR) (Axios)
Biden to Mandate COVID Vaccines for Federal Workers as CDC Changes Masking Guidance
News of the efforts came on the same day that the U.S. reported more than 100,000 new daily COVID cases for the first time since February.
Federal Vaccine Mandate
President Joe Biden will announce Thursday that all federal employees must get vaccinated against COVID-19 or consent to strict testing and other safety precautions, White House officials told reporters Tuesday.
Earlier in the day, Biden said he was considering the requirement but did not provide any more information.
While the officials also said the details are still being hashed out, they did note that the policy would be similar to ones recently put in place by California and New York City, which respectively required state and city workers to get the jab or submit to regular testing.
Also on Tuesday, the Centers for Disease Control and Prevention updated their guidelines to recommend that Americans who live in areas “of substantial or high transmission,” as well as all students and teachers, wear masks indoors regardless of their vaccination status.
Delta Causes Spikes, But Vaccines Still Prove Effective
The renewed COVID mitigation efforts come as the delta variant is driving massive surges all over the country.
Coronavirus cases have quadrupled throughout July, jumping from a weekly average of 11,799 on the first day of the month to 63,248 on Tuesday, according to The New York Times tracker. Tuesday also saw new daily infections topping 100,000 for the first time since February, with more than 108,000 reported, per The Times.
While the vast majority of new infections are among people who have not been vaccinated, there have also been increasing reports of breakthrough cases in people who have received the jab.
Those cases, however, do not mean that the vaccines are not effective.
No vaccine prevents 100% of infections. Health officials have said time and time again that the jabs are intended to prevent severe disease and death, and they are doing just that.
According to the most recent data for July 19, the CDC reported that only 5,914 of the more than 161 million Americans who have gotten the vaccine were hospitalized or died from COVID-19 — a figure that represents 0.0036% of vaccinated people.
While safety precautions may be recommended for some people who have received the vaccine, many media narratives have overstated the role breakthrough cases play in the recent spikes. As New York Magazine explains, it is imperative to understand these new mask recommendations are not happening because the vaccine is not effective, but because not enough people are getting the vaccine.
“Because breakthrough infections have so often made the news due to their novelty, that can create a perception of more cases than are actually happening — particularly without more robust tracking of the actual cases to provide context,” the outlet wrote.
See what others are saying: (The Washington Post) (The New York Times) (CNBC)
Wisconsin Police Deny Planting Evidence in Viral Video, Release Their Own Body Cam Footage
The footage police released shows that during a search, officers found a corner tear from a plastic bag inside a backseat passenger’s pocket. An officer then discarded it into the car after determining that it was empty.
Viral Video Appears To Show Officer Planting Evidence
The Caledonia Police Department in Wisconsin has responded to a viral cell phone video that appears to show an officer planting a small plastic baggie inside of a car during a traffic stop.
The now-viral footage was posted to Facebook by a man who goes by GlockBoy Savoo.
The user, who also filmed the clip, wrote in his post’s caption that the officer did this “just to get a reason to search the car” and said the cop didn’t know he was being recorded by the passenger.
Police Shut Down Accusations With Their Own Footage
After that video spread across social media, many were outraged, calling the Caledonia police dirty for seemingly planting evidence. All the outrage eventually prompted the department to announce an investigation Saturday.
Within hours, the department provided an update, claiming that officers didn’t actually plant any evidence or do anything illegal.
Police shared a lengthy summary of events, along with two body camera clips from the incident. That statement explained that the driver of the vehicle was pulled over for going 63 in a 45mph zone.
Two passengers in the backseat who were then spotted without seatbelts were asked to identify themselves and step out of the car. During a search of one passenger’s pockets, an officer pulled out “an empty corner tear” from a plastic baggie.
Police claim the corner tear did not contain any illegal substances, though they said this type of packaging is a common method for holding illegal drugs.
In one body cam clip, an officer can be heard briefly questioning the backseat passenger about the baggie. Then, that piece of plastic gets handed off to different officers who also determined it as empty before the officer in the original viral video discarded it into the back of the car.
The officer can also be seen explaining where the plastic came from to the passenger recording him.
“Aye, bro you just threw that in here!” the front seat passenger says, as heard in his version of the events.
“Yeah, cause it was in his pocket and I don’t want to hold onto it. It’s on their body cam that they took it off of him…I’m telling you where it came from, so. It’s an empty baggie at the moment too, so,” the officer replies.
The department went on to explain that while it would discourage officers from discarding items into a citizen’s car, this footage proves that evidence was not planted.
Authorities also noted that no arrests were made in this incident and the driver was the only one issued a citation for speeding. The statement added that since four officers were present at the scene, police have more than six hours of footage to review but they promised to release the footage in full in the near future.