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Column: As 10 states prepare to vote on abortion rights, Texas shows that abortion bans kill women

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Column: As 10 states prepare to vote on abortion rights, Texas shows that abortion bans kill women

This election day, voters will have a direct voice in deciding whether to preserve or enhance abortion rights in 10 states, including six in which abortion is outlawed or seriously restricted.

As it happens, new data points arrive almost weekly to inform voters what’s at stake in these ballot campaigns. To put it bluntly, the health of pregnant women and those of childbearing age hangs in the balance.

With the election now less than five weeks away, let’s take an up-to-date look at this increasingly dismal landscape.

We expect that if Donald Trump is elected he will find a way to impose a nationwide abortion ban. Then we will start seeing these tragedies and near-tragedies in every state.

— Nancy L. Cohen, president, Gender Equity Policy Institute

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There can no longer be any doubt that the abortion bans enacted in more than 20 states threaten women’s health.

The bellwether state is Texas, the only state to impose its abortion ban as early as September 2021, even before the Supreme Court’s June 2022 ruling in Dobbs vs. Jackson Women’s Health Organization overturned the nationwide abortion right guaranteed by Roe vs. Wade in 1973.

That timing has allowed analysts to generate statistics on maternal mortality in 2022 (for other antiabortion states, those statistics won’t be available until early next year). The Texas statistics are horrific.

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As compiled by the Los Angeles-based Gender Equity Policy Institute initially at the request of NBC News, they show that maternal deaths rose in Texas to 28.5 per 100,000 live births in 2022, exceeding the national rate of 22.3.

“The data are telling us that Texas is a harbinger of what is to come in states that ban abortion,” says GEPI President Nancy L. Cohen.

The maternal mortality rate rose by 56% in Texas from 2019 through 2022, the figures show, well exceeding the national increase of 11%. The rate for Black women rose by 38% and for Hispanic women by 30%.

What was especially striking, Cohen told me, was that the maternal mortality rate for white women in Texas nearly doubled in 2019-22, while rising by only 6% nationwide.

“To see middle-class women with health insurance and all the privileges in the world experiencing this causes real alarm about what we might see coming down the road,” Cohen says. “We expect to see significant increases in maternal mortality in all the ban states.”

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New antiabortion initiatives are surfacing all the time.

Most recently, as of Tuesday, Louisiana’s classification of two drugs used for medication abortions — mifepristone and misoprostol — as controlled substances went into effect, making possession without a prescription punishable by up to five years in prison. Since Louisiana already bans all abortions except to protect the life or physical health of the mother, that effectively rules out the use of the drugs to terminate a pregnancy.

Another noxious new wrinkle is efforts to prevent pregnant women from leaving antiabortion states to obtain abortions where they’re legal. On Monday, the goonishly malevolent Texas Atty. Gen. Ken Paxton sued the city of Austin to block its spending of public funds to pay for residents to travel outside the state for abortions. The city appropriated $400,000 for the purpose in its current fiscal year budget. City officials decried Paxton’s lawsuit as an attempt to “score a few political points.”

Antiabortion Republicans have also objected to Biden administration rules extending the federal medical privacy law, HIPAA, to cover requests from authorities in antiabortion states for medical information about residents who have sought abortions in states where they’re legal. Among the 30 GOP lawmakers who sent a letter to Health and Human Services Secretary Xavier Becerra last year, demanding that he rescind the rule, was Sen. JD Vance (R-Ohio), currently the GOP candidate for vice president. The rule remains in place.

Antiabortion statutes in many states have been cynically drafted with purported exemptions that afford physicians some leeway to perform abortions for women in extreme cases — say, for women in imminent danger of death or severe medical complications. They don’t work.

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“The so-called ‘life’ or ‘health’ exceptions are so vague that doctors fear jail time or fear for their licenses, so they cannot provide the standard of care,” Cohen says. “None of the states that have banned abortions have meaningful exceptions.”

That may be what caused the death of a 28-year-old Georgia woman who perished while physicians debated whether her pregnancy-related infection was severe enough to warrant operating. The doctors, according to a report by ProPublica, were so worried that acting might expose them to felony charges under Georgia’s abortion ban that they waited 20 hours before performing surgery. It was too late, and she died.

It’s important to understand that even explicit laws protecting abortion rights cannot always safeguard those rights in the face of determined interference. That’s illustrated by the lawsuit that California Atty. Gen. Rob Bonta filed Monday over the refusal of St. Joseph Hospital, a Catholic hospital in Eureka, for its alleged denial of an emergency abortion to a patient, Anna Nusslock, who suffered a major pregnancy crisis in February.

Doctors at St. Joseph understood that the patient’s health was threatened and the twins she was carrying were not viable, the lawsuit states. But they couldn’t perform the operation because Catholic Church rules that govern healthcare at the institution forbade it. Instead, they recommended that Nusslock be helicoptered to UC San Francisco for an abortion.

Nusslock said at a news conference Monday that she was concerned about the $40,000 cost of the trip. She was advised against driving the 300 miles to UCSF — “If you try to drive, you will hemorrhage and die before you get to a place that can help you,” her physician at St. Joseph warned her, the lawsuit says. Instead, she was told to drive 12 miles to Mad River Community Hospital for treatment. A nurse gave her a bucket and towels in case she continued bleeding in the car.

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Bonta alleges that the hospital’s discharge of Nusslock while she was experiencing a pregnancy-related crisis violated at least four provisions of California law. It may also have violated the federal Emergency Medical Treatment and Labor Act, or EMTALA, which mandates that hospitals with emergency rooms stabilize any arriving patients before discharging them.

A spokesman for Providence, the Washington-based Catholic chain that owns the Eureka hospital, told me that “while elective abortions are not performed in Providence facilities, we do not deny emergency care. When it comes to complex pregnancies or situations in which a woman’s life is at risk, we provide all necessary interventions to protect and save the life of the mother.”

The hospital chain said it is “immediately re-visiting our training, education and escalation processes in emergency medical situations to ensure that this does not happen again.”

It should be clear that if even some of Bonta’s and Nusslock’s allegations hold water, Providence’s right to continue running the Eureka hospital should come under question.

“Elective abortion” is not a medical term but one favored by the Catholic Church to signify abortions that cannot be performed in its hospitals, according to the Ethical and Religious Directives for Catholic Health Care Services, which is promulgated by the U.S. Conference of Catholic Bishops.

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I asked Providence who, if anyone, provided an interpretation of the directives to the doctors on hand when Nusslock was at the hospital that prevented them from providing her with necessary care, and why licensed physicians need to retrained and reeducated about how to respond to an emergency in the emergency room at Eureka, but haven’t received a reply.

Providence’s alleged actions suggest that state laws protecting abortion rights are not impervious — and that would especially be so if Republicans regain the White House and control of Congress in the coming election.

“We expect that if Donald Trump is elected he will find a way to impose a nationwide abortion ban,” Cohen says. “Then we will start seeing these tragedies and near-tragedies in every state. Under a national ban, state protections will be meaningless.”

Trump has given equivocal indications about his abortion policies in a second term. But he also has bragged about appointing the Supreme Court justices who cemented the majority that overturned Roe vs. Wade.

Moreover, Project 2025, the manifesto for a second Trump term drafted by the Heritage Foundation, several of whose authors have close ties to Trump, calls for stringent limits on reproductive healthcare rights.

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Among other provisions, Project 2025 calls for revoking the Food and Drug Administration’s approval of mifepristone, which would mean taking the abortion drug off the market, or barring that, reinstating restrictions on mifepristone, including requiring in-person dispensing and eliminating prescribing via telehealth.

It would exempt abortion from EMTALA, so that even treatments in the most dire emergencies could not include abortion. It would eliminate all federal funding for Planned Parenthood and “all other abortion providers,” and allow states to ban Planned Parenthood from their Medicaid programs.

Project 2025 also advocates removing Medicaid funding for states that require health insurance plans to cover abortion, as is the law for many health plans in California.

There are reasons to fear a second term for Trump. But few have such immediate life-or-death consequences as his policies on healthcare.

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Waymo reports teen riders for bad behavior and delivers them to the police

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Waymo reports teen riders for bad behavior and delivers them to the police

Robotaxis could be turning into robocops.

A self-driving Waymo reported two teens to San Mateo, Calif., police on Monday after they were found drinking alcohol and shooting toy guns in the back of the vehicle.

According to a social media post from the San Mateo Police Department, officers detained two 15-year-olds after the Waymo they were riding in contacted the department and stopped in a parking lot until law enforcement arrived.

“Parents do you know where your teens are?” the San Mateo Police Department wrote on Facebook following the incident. “Waymo does!”

Officers removed both teens from the vehicle and determined they were using toy guns to shoot Orbeez out the windows. Orbeez are small, water-absorbing beads sold at toy stores.

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“Toy guns, water guns, and BB guns all pose real dangers, especially to an untrained eye,” the Police Department said. “The simple handling of them can cause fear in [passersby].” “

A video posted on Facebook shows at least five officers and a police dog responding to the scene and approaching the Waymo with their weapons raised.

Waymo did not immediately respond to a request for comment.

Waymo vehicles have internal cameras and microphones that may be used in an emergency or to “promote safety and security,” according to Waymo’s online support page.

The cameras are also used to ensure the vehicles are clean and to help find lost items, according to the support page.

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The company said it does not use facial recognition or other biometric identification technologies to identify individuals.

“In more urgent circumstances, support may access live video during a trip,” the Waymo page said.

The San Mateo Police Department’s Facebook post has garnered nearly 60 comments, with one user accusing Waymo of “snitching.”

“At least they got a designated driver?!” one user commented.

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Commentary: How right-wing anti-transgender attacks led to a Supreme Court ruling upholding sex discrimination

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Commentary: How right-wing anti-transgender attacks led to a Supreme Court ruling upholding sex discrimination

At the Supreme Court, the unfounded fear of boys masquerading as girls in youth sports rolled the clock back on gender equality.

On the surface, the Supreme Court’s June 30 opinion upholding state laws barring transgender girls from women’s and girl’s sports teams looks like a victory for women’s rights.

The 6-3 opinion by Justice Brett M. Kavanaugh certainly presents itself that way. “Females and males have inherent physical differences relevant to athletic performance,” Kavanaugh wrote. “Therefore, in contact sports, forcing female athletes to compete against males can create significant safety risks.” He also asserted that “forcing female athletes to compete against males can undermine competitive fairness.”

The ruling applied to prohibitions enacted in Idaho and West Virginia against “biological” males’ participation on women’s teams in public schools. Federal judges in both states overturned the bans. The Supreme Court majority restored them. The ruling essentially upholds similar bans enacted in 25 other states.

There was no record of any transgender person participating in school sports in the State, let alone any ‘problem’ with transgender students … creating unfair competition or unsafe conditions.

— Justice Sonia Sotomayor, demolishing the Supreme Court’s argument in favor of banning transgender girls from girl’s sports

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Kavanaugh, like Donald Trump and others in the anti-transgender camp, maintained that one’s gender is an immutable fact of life, established even before birth.

Anything else, Trump stated in an executive order he issued on inauguration day 2025, could only be the product of “gender ideology extremism.” The U.S., his order stated, recognizes “two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality.” That’s a “biological truth,” he declared.

In his own version of this overconfident and factually insupportable conclusion, Kavanaugh wrote: “As all agree, females and males have inherent physical differences relevant to athletic performance.”

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Science recognizes that some people are “born with sex traits that don’t fit into typical male or female patterns,” to cite a discussion on the Cleveland Clinic web page on the topic “intersex.” The condition “may involve chromosomes, hormones, reproductive organs or genitals.”

From a psychological standpoint, medical science recognizes “gender dysphoria” as a real condition often requiring counseling and medical intervention such as the use of puberty blockers and hormones to stave off the development of secondary sex characteristics until the condition can be resolved.

No one disputes that there are physical differences between the sexes. Few would dispute that on average or even at the median, males may be bigger and more powerful than females, or that in certain contact sports the difference may be telling and on occasion dangerous.

But that’s not the same as asserting that the physical differences between males and females invariably mean that men will invariably prevail over women in all competitions or that their participation will endanger women.

The International Olympic Committee — in a policy statement Kavanaugh cited incompletely — says that in “most running and swimming events,” males have a 10% to 12% advantage over women. That’s a range that would accommodate the full spectrum of outcomes — transgender females win, cisfemales win, they tie. (The “cis” prefix denotes those living consistent with their birth gender.)

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West Virginia and Idaho addressed this ambiguity by banning transgender women from all girls’ teams. So under their rules transgender girls can’t play football or soccer with cisgirls. But what’s the argument in favor of banning them from the 100-yard dash, or cross-country track, or diving, or archery?

But something else is going on here. The Supreme Court’s ruling was almost preordained, given the years-long campaign by conservatives to demonize transgender individuals as if they’re members of an alien species.

It will be recalled that during his presidential campaign, Trump spun a despicable fantasy in which children were kidnapped in school and secretly subjected to sex-change operations.

Trump’s executive order wiped out policies aimed at protecting transgender adults from discrimination. He moved to outlaw gender-affirming medical therapies for anyone under 19 by cutting off federal funding for healthcare institutions that provide such care.

He banned transgender individuals from serving in the military and ordered federal prison officials to move transgender inmates into the general populations consistent with their birth genders, which exposes them to physical assault. (Federal Judge Royce Lamberth of Washington, D.C., has blocked the government from transferring three transgender women into the male prison population or terminating their hormone treatments.)

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I wrote during Trump’s first term, when his anti-transgender policies were still gestating, that the goal was to show that “one can target any community, as long as it doesn’t have a strong political voice or political power. These are the actions of bullies and cowards, pretending to be strong.”

Last year, the Supreme Court struck its first blow against transgender rights by upholding a Tennessee law banning transgender care, including puberty blockers and hormone therapy, for minors. Similar laws have been enacted in 25 other states. The majority in that ruling by Chief Justice John G. Roberts Jr. was identical to the one in the June 30 ruling — Roberts, Kavanaugh, and Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Amy Coney Barrett.

Who are the targets of this ideological campaign? They number only about 1.6 million U.S. adults, or one-half of 1% of the U.S. population. About 300,000 adolescents ages 13 to 17, or 1.4%, identify as transgender, according to a study by UCLA School of Law.

In West Virginia, as Justice Sonia Sotomayor observed in her dissenting opinion, “there was no record of any transgender person participating in school sports in the State, let along any ‘problem’ with transgender students … creating unfair competition or unsafe conditions.”

In endorsing the flat bans directed at transgender women in Idaho and West Virginia, Kavanaugh argued that any attempt to implement case-by-case judgments of students’ requests to join sports teams inconsistent with their biological gender would create “an enormous practical and administrability problem.”

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Is that so? That wasn’t the case in Maine, where the annual K-12 population is more than 170,000. There, a committee was charged with determining whether a student’s participation in a sport consistent with their gender identity but inconsistent with their biological sex would “result in an unfair athletic advantage” or present a risk of injury to others. The committee held 56 hearings from 2013 through 2021, or an average of seven per year. During the entire time span, only four involved transgender girls. (The outcome of those hearings couldn’t be learned.)

It was Maine’s policy, one might recall, that provoked a confrontation between Trump and Maine Gov. Janet Mills at the White House last year, when Trump threatened to withhold federal funding from the state unless it barred transgender students from competing on women’s sports teams. “We’ll see you in court,” Mills snapped.

Whether the Idaho and West Virginia laws genuinely protect girls from unfair competition is questionable. (The Idaho law is styled the “Fairness in Women’s Sports Act.”) In practice, the laws may subject women in public schools to “invasive sex verification procedures,” as educational expert George Theoharis of Syracuse University wrote after the court ruling.

They’re also based on a retrograde view of women as fragile creatures needing men’s protection, Theoharis wrote — “the same logic that has historically been used to justify excluding women from making their own healthcare decisions and girls from rigorous math and science; that physically demanding work is simply beyond them.” (There don’t appear to be any state laws barring transgender women from competing in men’s sports.)

Becky Pepper-Jackson, the plaintiff in the West Virginia case, in which she is identified only as B.P.J., is the only transgender girl who sought to join girl’s teams — track and cross-country — in the state. That was in 2021, just after West Virginia passed its law and she was about to enter sixth grade. She didn’t appear to pose any competitive risk to others on the track and cross-country teams she applied to join — her lawyers told the Supreme Court that on those no-cut teams, she “came in near the back.”

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Anyway, she had not gone through male puberty, which theoretically might have endowed her with a competitive advantage, because she had been taking puberty blockers and female hormones.

Thanks to the court’s ruling, Sotomayor observed in a dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, West Virginia can deny Becky access to school sports “because it thinks they have an inherent athletic advantage, even if the facts show that they do not.”

B.P.J., Sotomayor wrote, “cannot practice on girls’ teams, even if she would not take anyone’s spot in an eventual competition, even if everyone who tries out for the team makes it, and even if having the chance to participate could aid immensely in treating B. P. J.’s gender dysphoria.”

So whose interest was really protected by the Supreme Court?

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Orange County real estate investor pleads not guilty in $100 million bank fraud case

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Orange County real estate investor pleads not guilty in 0 million bank fraud case

An Orange County real estate investor accused of criminally defrauding an Arizona bank of nearly $100 million pleaded not guilty Monday and remains in custody.

Mahender Makhijani, 44, of Corona del Mar — who also was ordered by an arbitrator to pay $1.34 billion in a separate civil fraud case — was arraigned in Santa Ana federal court on two charges.

He is accused of bank fraud and making a false statement to a bank in a June 8 case involving a $100 million real estate loan made by Phoenix-based Western Alliance Bank. He was taken into custody on June 10.

Makhijani is accused of providing bogus collateral for the October 2024 loan now in default. In a civil lawsuit, Western Alliance said the outstanding balance as nearly $99 million.

Prosecutors say he falsified title insurance policies that showed the bank would have a first lien on the underlying collateral if the loan went bad, when in fact it did not.

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A trial was set for August 11 before U.S. District Judge David O. Carter in Santa Ana.

Michael Schachter, his criminal defense attorney, did not respond to messages seeking comment.

In the civil case, an arbitrator in May ordered Makhijani to pay Laguna Beach real estate mogul Mohammad Honarkar $1.34 billion after ruling he had fraudulently induced him into a 2021 joint venture — and then wrested control and lost to creditors more than two dozen properties Honarkar had owned.

Makhijani has not been criminally charged in that case, but prosecutors alleged in an affidavit in support of the bank fraud charges that he used “force and threats” in his dealings with Honarkar and others — including taking over the landmark Hotel Laguna in 2023 that Honarkar was renovating.

Prosecutors sought to hold Makhijani without bail after his arrest.

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The affidavit noted he is a legal Indian immigrant with a home and bank accounts in that country, has access to private jets and threatened to “run away” if caught in a difficult situation.

The request was denied and he was granted $500,000 bail.

However, Makhijani remains in custody after a hearing sought by prosecutors last month before Magistrate Judge Autumn Spaeth.

The judge declined to accept a $450,000 cashier’s check submitted by a Makhijani associate for the bail, finding insufficient proof the source of the funds was legitimate, according to court records.

Makhijani is not prominent outside Orange County real estate circles, but he established a thriving distressed-assets business over the last decade that attracted prominent Southern California real estate investors.

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Prosecutors said it paid for a lifestyle that included two multimillion-dollar homes in Corona del Mar, a luxury apartment in Newport Beach and various luxury vehicles.

As of last month, prosecutors had not fully traced his assets, which they believe are not held in his name and some of which may be in India.

The businessman employed an array of shell companies and strawmen to sign documents on his behalf, and to stand in for him as operators of his companies, according to the affidavit.

Makhijani told an associate he took extra precautions because wanted to insulate himself from litigation and that “they were sharks in the distressed world who took advantage of people,” the affidavit stated.

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