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A Volatile Tool Emerges in the Abortion Battle: State Constitutions

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A Volatile Tool Emerges in the Abortion Battle: State Constitutions

When the Supreme Courtroom overturned Roe v. Wade and the constitutional proper to abortion in June, it declared that it was sending the difficulty again to the “folks and their elected representatives.” However the combat has largely moved to a distinct set of supreme courts and constitutions: these within the states.

On a single day this month, South Carolina’s highest courtroom handed down its ruling that the suitable to privateness within the State Structure features a proper to abortion, a choice that overturned the state’s six-week abortion ban. Inside hours, Idaho’s highest courtroom dominated in the wrong way, saying that state’s Structure didn’t shield abortion rights; the ban there would stand.

These divergent selections displayed how risky and patchwork the combat over abortion rights might be over the following months, as abortion rights advocates and opponents push and pull over state constitutions.

For abortion rights teams, state constitutions are a crucial a part of a technique to overturn bans which have lower off entry to abortion in a large swath of the nation. These paperwork present for much longer and extra beneficiant enumerations of rights than america Structure, and historical past is filled with examples of state courts utilizing them to paved the way to determine broad rights — in addition to to strike down restrictions on abortion. They provide a means round gerrymandered state legislatures which might be pushing stricter legal guidelines.

The Supreme Courtroom’s choice has left abortion rights teams with few different choices. Of their most hopeful state of affairs, state courts and poll initiatives to determine constitutional protections would set up a firmer assure for abortion rights than the one in Roe, which rested on a safety of privateness that was not specific within the U.S. Structure.

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However simply as abortion rights teams are attempting to establish protections in state constitutions, anti-abortion teams are attempting to amend those self same paperwork to say they supply no assure of abortion rights.

And whereas the courts might seem like the final phrase as a result of their selections are usually not topic to enchantment, judges in 38 states should face the voters. A change on the bench has typically meant that the identical doc discovered to incorporate a proper to abortion instantly is asserted to not embrace that proper, within the house of some years.

“You’re going to see a variety of give and take within the years to return, in methods which may be unpredictable,” mentioned Alicia Bannon, the director of the judiciary program on the Brennan Heart for Justice, which maintains a tracker of the circumstances filed to problem abortion bans which have been enacted because the Supreme Courtroom overturned Roe. “I don’t assume it’s a dynamic the place a courtroom will difficulty a ruling and that’s the tip of the dialog.”

Legal professionals working to revive abortion rights promise extra litigation as legislatures in conservative states reconvene for the primary time because the Supreme Courtroom’s choice, vowing to cross stricter bans. Each side of the abortion debate can even commit new vitality to seat and unseat judges, and into efforts to explicitly shield or prohibit abortion protections in state constitutions, that are far simpler to amend than their federal counterpart.

“The terrain has shifted, and it’s not only a matter of we’re turning our consideration from federal to state courts, it’s that we’re turning our consideration to a complete different vary of establishments and alternatives which current their very own potentialities but in addition pitfalls,” mentioned John Dinan, a politics professor at Wake Forest and the creator of a forthcoming Montana Legislation Evaluation article on the position of state courts and constitutions in the way forward for abortion legal guidelines.

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Throughout the half-century that Roe protected a federal proper to abortion, opponents of abortion rights argued that regulation of the difficulty must be returned to the states, which may set their very own legal guidelines based on public opinion.

They’ve objected to state courtroom selections discovering a constitutional proper to abortion, saying that legal guidelines must be made by the legislatures, not justices. Murrell Smith, the Republican speaker of the Home in South Carolina, wrote on Twitter that the state courtroom’s choice “fails to respect the idea of separation of powers and strips the folks of this state from having a say in a choice that was meant to replicate their voices.”

However abortion opponents have tried to show state constitutions to their benefit, as nicely. Even earlier than Roe was overturned, poll amendments in Tennessee, Louisiana, West Virginia and Alabama modified these states’ constitutions to say that nothing in them protected a proper to abortion. Lawmakers in Montana and Alaska are trying comparable amendments.

Some opponents of abortion have argued that the rights to liberty in state constitutions ought to lengthen not solely to girls, but in addition to fetuses. Thomas Fisher, the solicitor normal of Indiana, mentioned throughout oral arguments on the case there earlier this month, “There’s a failure to acknowledge that there’s something else on the opposite facet of the equation, and that’s the unborn life.”

The framers of the Structure earlier wrote constitutions for the 13 colonies that turned the primary states. They borrowed closely from these paperwork, and left states free so as to add rights to their constitutions that don’t exist within the federal one. Wyoming’s Structure, for instance, protects the chance to hunt, fish and lure; New Jersey’s features a minimal wage that will increase yearly.

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State constitutions are simpler to vary, via poll measures proposed by residents or legislatures (allowed in each state however Delaware). And so they have been revised much more usually than the federal structure.

“Should you went again to the origins of our nation, federal courts weren’t irrelevant, however there weren’t many circumstances there,” mentioned Margaret Marshall, the previous chief justice of the Supreme Judicial Courtroom of Massachusetts. “Every part occurred within the states.”

Because the U.S. Supreme Courtroom turned extra conservative in its strategy within the Nineteen Seventies, Justice William Brennan, himself a former justice of the New Jersey Supreme Courtroom, wrote an influential article urging activists to rely extra on state constitutions to increase civil liberties, noting that state courts had relied on them to determine rights, together with these to housing and to jury trials, past what federal courts had executed.

A newer instance is same-sex marriage. Even when Congress refused to acknowledge same-sex marriages, the excessive courtroom in Massachusetts dominated that below its Structure, the state couldn’t deny a wedding license on the idea of intercourse. The opinion, written by Justice Marshall, declared that the State Structure protected private liberty “usually extra so” than the federal Structure.

“The genius of our federal system is that every state’s Structure has vitality particular to its personal traditions,” she wrote.

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The lawsuits now depend on a variety of rights — and typically a number of rights — in state constitutions, reflecting the variations in these paperwork, in addition to the bets that abortion rights supporters are making about which arguments are prone to succeed.

Whereas 11 state constitutions explicitly point out privateness — the idea of the argument for Roe — solely two of these are in states that ban abortion. One is South Carolina, the place earlier this month a divided courtroom discovered that the suitable to privateness prolonged to a proper to abortion. That call was a contented shock to abortion rights teams, not least as a result of the justices, whereas nonpartisan, had been appointed by the Republican-controlled State Legislature.

Within the different state with an specific proper to privateness, Arizona, abortion rights teams selected to argue their case as a substitute on a state constitutional proper to due course of, strategizing that the members of the state’s Supreme Courtroom could be unsympathetic to the privateness argument.

Different lawsuits argue {that a} proper to abortion falls below state constitutional protections for liberty, free of charge train of faith, or for inherent, pure or basic rights — provisions which might be included in each state structure and sometimes go nicely past what the Invoice of Rights established.

Roughly half the state constitutions even have equal rights amendments defending the rights of ladies, and a number of other circumstances which have been filed since Roe was overturned depend on these provisions.

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And lawsuits in two states, Wyoming and Ohio, argue for a proper to abortion primarily based on constitutional amendments the states’ voters handed in protest to President Barack Obama’s broad overhaul of well being care, defending residents’ rights to make their very own well being care selections.

A lot of the circumstances are awaiting trial. Solely the state supreme courts in North Dakota, Kentucky and Indiana have already heard arguments.

Preliminary rulings have given some indication of what arguments would possibly set up a proper to abortion, even in conservative states. In North Dakota, Utah, Wyoming and Indiana, the courts blocked abortion restrictions quickly, saying that the abortion rights circumstances had a probability of success at trial.

The North Dakota courtroom mentioned the state’s near-total ban almost certainly violated a constitutional provision establishing “sure inalienable rights,” together with “these of having fun with and defending life and liberty” due to its burdens on docs and pregnant girls. The Utah courtroom mentioned the lawsuit from the abortion rights teams raised “severe points” about whether or not the abortion ban violated a constitutional provision granting rights equally to “each female and male residents.”

The courtroom additionally famous that it had beforehand acknowledged a constitutional proper to privateness defending issues “of no correct concern to others,” together with “issues which could end in disgrace or humiliation, or merely violate one’s delight in preserving personal affairs to [one]self.” That features a proper to find out “household composition.”

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As a result of some state constitutions had been written greater than a century in the past, courts are deciding whether or not to view them via the eyes of their framers, or in a present-day context. That helps clarify why the courts in South Carolina and Idaho diverged.

In South Carolina, attorneys for the lawyer normal and the Legislature had argued that the justices needed to interpret the Structure primarily based on the precise language within the doc. They famous {that a} committee that revised the Structure within the mid-Nineteen Sixties made no particular reference to a proper to abortion. However the justices within the majority opinion mentioned that the committee had no girls, and the state’s excessive courtroom had since dominated in one other choice that the constitutional proper to privateness prolonged to “bodily autonomy.”

“We can not relegate our position of declaring whether or not a legislative act is constitutional by blinding ourselves to all the things that has transpired since,” the justices wrote.

In Idaho, the place there isn’t a specific proper to privateness, a equally cut up courtroom rejected arguments {that a} proper to abortion was basic in constitutional ensures of the “inalienable rights” to life, liberty and property.

The courtroom selected to interpret the state’s Structure “primarily based on the plain and abnormal which means of its textual content, as meant by those that framed and adopted the supply at difficulty.” There was no proof, the justices wrote, {that a} proper to abortion was “deeply rooted” within the state in 1889, when the clause on inalienable rights was adopted. If the folks of Idaho don’t just like the state’s new bans, the justices wrote, “they will elect new legislators.”

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Excessive courtroom selections, nonetheless, have been reversed by courts themselves, as in Iowa. There, the very best courtroom dominated in 2018 that the State Structure protected a proper to abortion, solely to reverse itself 4 years later, after Gov. Kim Reynolds, a Republican, named 4 new justices.

Eyes at the moment are on Florida, the place the state’s Supreme Courtroom in 1989 established a proper to abortion in state constitutional protections for privateness, going past what the Roe courtroom had executed, and voters in 2012 rejected a poll measure that may have reversed that call.

Within the final yr, Gov. Ron DeSantis, a Republican, has taken benefit of retirements on the courtroom to seat a majority that opposes abortion. Abortion rights advocates have filed go well with in opposition to the state’s 15-week ban on abortion; final week, the brand new courtroom agreed to listen to the case.

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First cargo ship passes through new channel since Baltimore bridge collapse

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First cargo ship passes through new channel since Baltimore bridge collapse

A cargo ship passed through a new deep-water channel in Baltimore on Thursday, the first to cross the new channel since the Francis Scott Key Bridge collapsed last month, shutting down most traffic in the Port of Baltimore.

The bulk carrier, Balsa 94, sailed out under a Panama flag Thursday morning using a new 35-foot channel, The Associated Press reported. It is headed toward St. John, Canada, and is expected to arrive next Monday.

It comes nearly four weeks after Dali, a 984-foot cargo ship, crashed into the Francis Scott Key Bridge, causing the structure to collapse into the Patapsco River.

The ship issued a last-minute mayday call, allowing police to halt traffic moments before the crash, but eight individuals working on the bridge were unable to get off and were thrown into the water.

Two workers were rescued and survived, and the bodies of four victims have been recovered. Two more workers are still missing and presumed dead.

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The collapse brought maritime traffic to a halt, and crews are still working through the massive cleanup process. The Balsa is one of five vessels previously stuck in the port that can now use the new temporary channel.

The new 35-foot channel opened Thursday morning, and is the fourth temporary channel created to circumvent the damage. The other channels have been primarily used by vessels involved in the cleanup effort.

The newest temporary channel will remain open until Monday or Tuesday of next week, U.S. Coast Guard officials said.

Earlier this week, the city of Baltimore filed court documents arguing the owner and operator of the Dali should not be able to avoid liability. The city claimed the vessel was “unseaworthy” when it left the Baltimore port last month and alleged Grace Ocean Private, the owner of Dali, and the ship’s operator, Synergy Marine Group, are “grossly and potentially criminally negligent.”

“For more than four decades, cargo ships made thousands of trips every year under the Key Bridge without incident,” the attorneys wrote. “There was nothing about March 26, 2024, that should have changed that.”

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In the days after the collapse, Grace Ocean and Synergy asked a federal court to limit their legal liability to about $43.6 million.

The city is arguing this liability cannot be limited at this time without a trial, where the companies’ “failures” could be shown.

The Hill reached out to the city of Baltimore for further comment.

Copyright 2024 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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How TikTok’s Chinese owner tightened its grip on the app

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How TikTok’s Chinese owner tightened its grip on the app

TikTok’s Beijing-based owner ByteDance tightened its grip over its US operations over the past two years, according to company insiders, even as momentum to ban the short-video app grew in Washington.

The US government passed legislation this week aimed at forcing TikTok to divest from its parent or face a countrywide ban, but prising the viral video app from its $268bn parent company would present a formidable challenge.

More than two dozen current and former employees told the Financial Times that TikTok has only become more deeply interwoven with ByteDance as tensions over the app’s ownership escalated.

These people said that ByteDance staff, including senior managers, had been transferred to TikTok; workers based in the US who spoke Mandarin were favoured for their ability to co-ordinate with Chinese counterparts; and restructuring efforts had targeted US-based workers who did not meet exacting performance standards.

“There’s this sort of veneer or facade that these two companies are separate,” said Joël Carter, a former US ads policy manager who left in August 2023. “Really, they’re one and the same.”

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Ten current and former employees said the number of Chinese staff had been increasing inside TikTok over the past two years, with ByteDance transferring workers from China to other global offices, including in the US.

This has included senior leaders. Last year, ByteDance moved Qing Lan from Douyin, its Chinese version of the short video app, to head up TikTok’s small and medium-sized business advertising arm in the US, an appointment first reported by the Wall Street Journal.

The insiders mostly spoke on condition of anonymity for fear of retaliation by the company, which can claw back bonuses and stock awards if staffers breach non-disparagement rules, according to documents seen by the FT.

These claims come after TikTok executives at one point insisted under oath that it was a “distributed” company with no official global headquarters. Its website suggests TikTok’s headquarters are in Los Angeles and Singapore, with no offices in China, and that decisions are not made in Beijing.

In a statement, TikTok said: “Like any global company, we have employees around the world and employees move around over the course of their career to meet business needs. This is neither a recent development, nor is it unique to TikTok.”

It added: “The premise and the statements in this story are flawed and based on anonymous sources who are spreading falsehoods in pursuit of a personal agenda. Any journalist would know this has failed the journalistic standard of putting forward actual facts.”

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The company has vowed to mount a legal battle against the US legislation while the Chinese government has said it would oppose a sale.

Any divestment will be difficult. Documents from 2023 seen by the FT show ByteDance staff based in China on teams such as safety product operations reporting directly to US-based leaders and some global staff reporting directly to China-based bosses.

“They are overriding our local decisions [and] demoting American leadership,” said one current senior US employee.

Several US employees said colleagues who worked on product management and did not speak Mandarin said they were often at a disadvantage because the role required close co-ordination with engineers in China.

They added that this was not an issue for some roles such as advertising sales. Two current insiders said they had been told to prioritise hiring Chinese or Mandarin-speaking staff in the US.

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Shou Zi Chew, chief executive of TikTok © Bryan van der Beek/Bloomberg

Many US workers complained of long work hours and an opaque performance review system in which they allege leaders manipulate employees’ assessments in order to meet preset targets and facilitate restructurings.

The moves are in part because ByteDance executives believe that TikTok is not performing as effectively as its Chinese operations, suggesting American employees have a lower output than counterparts in China, according to one senior person familiar with the leadership’s thinking. 

The push came as ByteDance was moving towards a blockbuster initial public offering, seeking to impress investors with TikTok’s explosive growth. TikTok hit a record $16bn in sales in the US in 2023, the FT reported last month.

But across congressional hearings, TikTok executives were grilled by US politicians who alleged that the Chinese Communist party could access the data of the app’s 170mn American users for espionage purposes under national intelligence laws, or proliferate propaganda or election interference.

In January, TikTok chief executive Shou Zi Chew insisted US user data had been moved “out of reach” from China to a firewalled cloud structure built in a $1.5bn partnership with Oracle, known as “Project Texas”. 

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Many current and former TikTok workers point to other instances, however, in which the company continues to take direction from ByteDance.

Basic processes such as signing off of music used for adverts or addressing technical glitches have required co-ordination with counterparts in China, several people said.

Policy and content moderation decisions have been a flashpoint. According to three former staff members familiar with the matter, TikTok’s trust and safety team has previously been at loggerheads with staff in China over content featuring the popular dance move twerking.

Chinese leaders have deemed twerking too sexually suggestive, demanding it be taken down or rendered harder to find, the people said, while their US counterparts have repeatedly pushed back.

TikTok said ByteDance staff in China were not involved in trust and safety decisions, which were handled out of the US and Ireland.

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Internal systems — such as for staff to communicate, collaborate or access employment information — are hosted in China, TikTok insiders said. But they said the software could also track employee locations through their IP addresses and other biometric data.

The company has also had complaints that it is hostile to women and minorities and been hit by a number of discrimination-related lawsuits and complaints in recent months.

This includes one from Carter, who has alleged he was retaliated against by TikTok after complaining of racial discrimination in a filing with the US Equal Employment Opportunity Commission. TikTok has previously said that it takes “employee concerns very seriously, and [has] strong policies in place that prohibit discrimination, harassment, and retaliation in the workplace”.

In February, TikTok’s former global marketing head in the US Katie Puris alleged in a lawsuit she was fired because some company executives, including ByteDance chair Lidong Zhang, believed she “lacked the docility and meekness specifically required of female employees”. TikTok has not commented on the lawsuit.

There have been attempts to ease tensions. One document circulated among some TikTok staff last year suggests that “high power distance” — the acceptance of hierarchical power as part of society — is common in China. By contrast, “low power distance” — which asserts that inequality in society should be minimised — is common in the US and the UK, for example.

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In sometimes broken English, the document urged employees to take these differences into account when working with people overseas and “try to show our sincerity by changing our own habits and balancing cultural values between us”.

Many remain unconvinced by such efforts. One recent TikTok staffer said: “There are jokes internally that, if you’ve stayed more than two years, you’ve stayed a lifetime.”

Additional reporting by Ryan McMorrow in Beijing

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American Airlines passenger alleges discrimination over use of first-class restroom

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American Airlines passenger alleges discrimination over use of first-class restroom

Pamela Hill-Veal says that while she and her family were flying first class on Feb. 10 from Chicago to Phoenix, an American Airlines flight attendant stopped her as she returned to her seat and accused her of slamming the restroom door.

Pamela Hill-Veal


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Pamela Hill-Veal


Pamela Hill-Veal says that while she and her family were flying first class on Feb. 10 from Chicago to Phoenix, an American Airlines flight attendant stopped her as she returned to her seat and accused her of slamming the restroom door.

Pamela Hill-Veal

A Chicago woman is accusing American Airlines of racial discrimination after one of its flight attendants allegedly confronted her after she used the plane’s first-class lavatory.

In a complaint sent to American Airlines and obtained by NPR, Pamela Hill-Veal, who is Black, said that while she and her family were flying first class on Feb. 10, from Chicago to Phoenix, one of the flight attendants stopped her as she returned to her seat and accused Hill-Veal of slamming the restroom door.

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Following the remarks of the flight attendant (whose name and race were not identified in the complaint), Hill-Veal said she did not respond as she proceeded to walk back to her seat.

“The flight attendant stopped me as I was returning to my seat and told me I ‘slammed the restroom door and I was not to do it again since passengers were sleeping on the plane,’” Hill-Veal said in an interview with NPR. She said she never slammed the door.

A while later on the flight, Hill-Veal — a retired circuit court judge in Illinois — said in the complaint that she used the same restroom in first class, as the same flight attendant stopped her again.

In a statement to NPR, American Airlines said the company has been in contact with Hill-Veal to learn more about her experience. “We strive to ensure that every customer has a positive travel experience, and we take all claims of discrimination very seriously,” the airline said.

Hill-Veal told NPR that she vividly remembers the moment the flight attendant began to reprimand her.

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“He began to berate me by pointing his finger at me towards my face and saying, ‘I told you not to slam the door … so from now on, you are to use the restroom in the back of the plane’ while he pointed in the direction of the restroom in coach,” she said.

Hill-Veal says that while she did not witness any passengers in first class complain about the restroom door, more attention was drawn to her after her hostile interaction with the flight attendant.

She said she believes the incident was racially motivated, noting that other passengers, who were white, used the same first-class restroom and were not told to use the one in the back of the plane.

The flight attendant “was pointing his finger at me and said again, ‘I told you to stop slamming the door…,’ ” she said.

Hill-Veal says that about 30 minutes prior to landing, she used the restroom for a third time. Once she was leaving, the same flight attendant followed her to her seat and began to physically touch her and explain that she would be arrested upon the flight landing.

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In the complaint, the former judge said the flight attendant told her she would be arrested because he “didn’t like the way [she] talked to him,” and accused Hill-Veal of hitting him.

“This was a complete fabrication as I told him that I never hit him,” she added.

Hill-Veal says that since the incident, she hasn’t been able to properly sleep given the trauma she experienced and the incident has left her feeling humiliated.

“I’m still uncomfortable about flying because I don’t know what they’re going to say that I did … in an attempt to cover up for what they did during this particular time,” Hill-Veal said.

Other discrimination complaints against American Airlines

American Airlines is no stranger to discrimination accusations. In 2023, the company was targeted after two separate incidents — one involving track star Sha’Carri Richardson and another with musician David Ryan Harris — made headlines.

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Richardson was forced off her American flight following an argument with a flight attendant who said the athlete was harassing her and trying to intimidate her, Axios reported.

In a statement similar to the one given to NPR about the allegations made by Hill-Veal, the airline told Axios that it investigates all claims of discrimination, adding, “American Airlines strives to provide a positive and welcoming experience to everyone who travels with us and we take allegations of discrimination very seriously.”

In September, Harris, who was traveling with his two biracial children, was stopped and questioned at Los Angeles International Airport after an American Airlines flight attendant suspected he was trafficking the children.

Harris later posted a statement he says was given to him by American: “we and our flight attendant realized that our policies regarding suspected human trafficking were not followed, and through coaching and counseling … our flight attendant realizes that their interaction and observations did NOT meet the criteria that human trafficking was taking place.”

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