Connect with us

Politics

Supreme Court sounds wary of Idaho's ban on emergency abortions for women whose health is in danger

Published

on

Supreme Court sounds wary of Idaho's ban on emergency abortions for women whose health is in danger

The Supreme Court justices voiced doubt Wednesday about a strict Idaho law that would make it a crime for doctors to perform an abortion even for a woman who arrives at a hospital suffering from a serious, but not life-threatening, medical emergency.

Solicitor Gen. Elizabeth B. Prelogar, representing the Biden administration, said such cases are rare and tragic. They are not elective abortions, she said, but pregnancies that have turned into medical emergencies.

Prelogar urged the high court to rule that federal emergency care law applies nationwide and sometimes requires hospitals and their doctors to perform an abortion — regardless of any state restrictions on the procedure — if a pregnant patient’s health or life is at risk.

The justices sounded closely split, but Prelogar’s argument appeared to gain traction with some conservatives.

Advertisement

The clash over emergency rooms is the first direct challenge to a state’s abortion law to come before the high court since the justices overturned Roe vs. Wade in a 5-4 vote in 2022.

The court’s conservatives said then that states and their lawmakers were free to restrict or regulate abortion.

Idaho’s lawmakers voted to forbid abortion except when it is “necessary” to prevent the patient’s death. In court, their lawyers argued that the authority to regulate doctors and the practice of medicine rests with the state.

Doctors join abortion-rights supporters at a rally Wednesday outside the U.S. Supreme Court building.

(Andrew Harnik / Getty Images)

Advertisement

But the Biden administration sued Idaho and said it was violating the federal Emergency Medical Treatment and Labor Act that Congress adopted in 1986. The law requires hospitals receiving federal funds to provide “necessary stabilizing treatment” to patients who face a medical emergency.

“For some pregnant women suffering tragic emergency complications, the only care that can prevent grave harm to their health is termination of the pregnancy,” the administration’s attorney said. In such situations, delay is dangerous, Prelogar added.

Idaho’s attorney, Joshua Turner, ran into sharp questions from several conservatives.

Justice Amy Coney Barrett questioned whether Idaho would use its laws to prosecute doctors who perform emergency room abortions. Chief Justice John G. Roberts Jr. and Justice Brett M. Kavanaugh also voiced doubt about the state’s argument.

Advertisement

Barrett cast a key vote to strike down Roe vs. Wade, but took on the Idaho attorney Wednesday for refusing to say whether doctors could perform abortions in certain emergencies.

Justice Sonia Sotomayor cited real cases from Florida and elsewhere, but Turner refused to give a yes-or-no answer as to whether such abortions would be legal in Idaho.

“Counsel, I’m kind of shocked actually because I thought your own expert has said these kinds of case were covered,” Barrett said.

“It’s a subjective standard … and very case-by-case,” Turner replied.

The exchange highlighted the problem cited by emergency room doctors in Idaho. They cannot know for sure whether an abortion would be legal under the state’s law.

Advertisement

What happens if the state’s lawyers believe a doctor’s intervention was not justified? “Would they be prosecuted under Idaho’s law?” Barrett asked.

Even if other doctors support the decision, “what if the prosecutor thought differently?” she said.

Roberts pressed the same point. “What happens if a dispute arises with respect to whether or not the doctor was within the confines of the Idaho law or wasn’t? Is the doctor subjected to review by a medical authority?”

Possibly, according to the state attorney. “The Board of Medicine has licensing oversight over a doctor,” Turner replied.

Kavanaugh said he was uncertain what was at stake because the state had changed its view over what emergency conditions could justify an abortion.

Advertisement

Justice Elena Kagan said the law has resulted in six pregnant women being airlifted to neighboring states to obtain abortions.

Justices Sotomayor and Ketanji Brown Jackson were also sharply skeptical of Idaho’s argument.

Prelogar, the Biden administration’s attorney, assured the conservative justices that federal law includes “conscience protections” for doctors and hospitals morally opposed to abortion.

The case of Moyle vs. United States poses a clash between the federal law that requires hospitals to provide emergency care and the state’s authority to regulate doctors and the practice of medicine.

Regardless of how the court rules in the Idaho case, the outcome should have no direct effect in California or other states where abortion remains legal.

Advertisement
People hold signs reading "Doctors not doctrine" and "Abortion is healthcare."

Abortion-rights supporters gather outside the Supreme Court building Wednesday.

(Andrew Harnik / Getty Images)

Turner said 22 states now prohibit most abortions, and the court’s ruling could apply to all of them.

But Prelogar said Idaho is among only six states that make no exceptions for protecting the health of a pregnant patient.

Doctors in Idaho contend the law endangers patients.

Advertisement

In medical emergencies, “delay puts the patient’s life and health at risk. But the lack of clarity in the law is creating fear in our physicians,” said Dr. Jim Souza, chief physician executive for St. Luke’s Health System in Boise.

He said doctors in emergency rooms often see pregnant women whose water has broken, or who have a severe infection or are bleeding badly. An abortion may be called for in such a situation, but doctors know they could be subject to criminal prosecution if they act too soon, he said.

“Doctors are leaving the state because of the fear surrounding this law,” Souza said in an interview.

Advertisement

Politics

'Stop the invasion': Migrant flights in battleground state ignite bipartisan backlash from lawmakers

Published

on

'Stop the invasion': Migrant flights in battleground state ignite bipartisan backlash from lawmakers

Democrat and Republican lawmakers in a crucial battleground state are “deeply troubled” after a group of illegal immigrants were flown to the Big Sky Country on a late night flight.

Five migrants, reportedly from Venezuela, were flown from New York to Kalispell, Montana Wednesday night into Glacier Park International Airport, Flathead County Sheriff Brian Heino confirmed to Fox News Digital. The migrants were reportedly dropped off and eventually provided housing in the city, but Heino said it was just “one of many instances.”

“The only way an illegal immigrant from South America ends up in Montana is if a ‘nonprofit’ connected with the Biden Administration moves them there,” said Rep. Ryan Zinke, R-Mont., said in a press release, referring to Valley Neighbors, the local nonprofit that picked up the migrants who were flown into the state.

“Montana law enforcement, schools, hospitals and safety nets are being stressed to their max because of the Biden border crisis,” said Zinke, who represents the district covering Flathead. “It’s unacceptable and absolutely needs to end now.”

DHS DOCS REVEAL WHERE PAROLED MIGRANTS UNDER CONTROVERSIAL BIDEN FLIGHT PROGRAM ARE LANDING

Advertisement

Representative Ryan Zinke, a Republican from Montana, arrives for a House Republican caucus meeting on Capitol Hill in Washington, DC, US, on Friday, Oct. 13, 2023. Representative Jim Jordan of Ohio will again run to be US House speaker now that his fellow Republican Steve Scalise has withdrawn from the contest. P (Al Drago/Getty Images)

Zinke took the effort a step further, penning a letter to Secretary of Homeland Security Alejandro Mayorkas Thursday that urged him to “immediately detain and deport this group of illegal immigrants.” The letter, obtained by Fox News Digital, requested information regarding their knowledge of the migrants and how they traveled from the southern border to northern Montana.

A spokesperson for Sen. Jon Tester, D-Mont., said he is working with state officials to monitor the situation, telling Fox News Digital that it “undermines our national security” when migrants are allowed to enter the U.S. illegally.

“Senator Tester is in touch with local officials in Flathead County and is closely monitoring this ongoing situation,” the spokesperson said in a statement. “He believes that allowing anyone to enter the country without being properly vetted or going through a legal process undermines our national security, which is why he voted for bipartisan border security legislation that would give law enforcement the tools to crack down on individuals entering the country illegally and keep Montana and our country safe.”

Seen from an aerial view, immigrants try to pass over razor wire after crossing the border into El Paso, Texas from El Paso, Texas. Those who managed to get through the wire were then allowed to proceed for further processing by U.S. Border Patrol agents. (John Moore/ Getty)

Sen. Steve Daines, R-Mont., blamed President Joe Biden for the migrant crisis, saying he and “Senate Democrats failed to secure the border and now Montanans can see that failure firsthand.”

Advertisement

TRUMP DISCUSSES USING MILITARY TO EXPEL ILLEGAL IMMIGRATION IN SECOND TERM: ‘THESE AREN’T CIVILIANS’

Gov. Greg Gianforte, R-Mont., said he was “deeply troubled and frustrated” by the situation, while Rep. Matt Rosendale, R-Mont., demanded Biden “be held accountable and his actions be reversed,” saying “Montana is not a sanctuary state.”

Former Navy SEAL Tim Sheehy, a Republican Senate candidate in Montana, also chimed in, blaming the Democrat he is running to unseat in the fall for the “insane” migrant crisis.

Steve Daines

Sen. Steve Daines, R-Mont., pointed to the Biden administration for the ongoing crisis at the southern border. (Tom Williams/Getty)

“A month ago, the Senate voted to continue secret, taxpayer-funded illegal migrant flights by one vote – Jon Tester’s. Now, illegals are reportedly being flown to Montana,” Sheehy said in a statement. “This is insane. Stop the invasion, seal the border, and put America First!”

Advertisement

The flights come days after Fox News reported on a subpoena by the House Homeland Security Committee about a separate parole program for migrants, under which approximately 200,000 migrants flew into the U.S. between January through August 2023. The subpoena revealed that migrants have flown into more than 45 cities as part of the program for Cuban, Haitian, Nicaraguan and Venezuelan migrants.

Fox News’ Bill Melugin contributed to this report.

Advertisement
Continue Reading

Politics

Column: Watch your step, Democrats. O.C.'s purple shine hides a red underbelly

Published

on

Column: Watch your step, Democrats. O.C.'s purple shine hides a red underbelly

In 2016, my beloved homeland of Orange County shocked political observers by favoring Hillary Clinton over Donald Trump, the first time we went with a Democrat for president since FDR.

In 2018, O.C. voters made history yet again when we sent an all-Democratic congressional delegation to Capitol Hill. The following year, more people in O.C. were registered Democrats than Republicans — another first.

Local and national media outlets tripped over themselves to report on this political earthquake. Orange County — land of Richard Nixon and kooky conservatism, crucible of evangelical Christianity and culture war politics, the place Ronald Reagan repeatedly said was “where the good Republicans go before they die” — now sported a political color never before associated with our suburban sprawl of 3.2 million people:

Purple.

In an era where Trump was ascendant, seeing O.C. turn more liberal offered hope to Democrats nationwide. Because if Orange County — Orange County! — could reject the GOP, it could happen anywhere.

Advertisement

That narrative continued in 2020 as O.C. voters once again rejected Trump, even as Republicans Young Kim and Michelle Steel won congressional seats, and again two years later, even though Republicans won the county in all statewide elections. This year, political pundits are doubling down on the idea that Orange County’s mauve march continues.

Publications from the Guardian to this one now regularly use the color to describe O.C.’s political hue. Longtime political consultant Mike Madrid will host a podcast this summer called “Red County, Blue County, Orange County” (I sat down for an episode), where he’ll argue that the future of American politics is here. The podcast is produced by UC Irvine’s School of Social Ecology, which recently released a poll including the cheeky assertion that “Orange is the New Purple.”

In the poll of 804 Orange County adults, President Biden holds a healthy lead among likely voters, most of whom are also going with the Democratic candidate in their congressional districts. The respondents were almost evenly split in their party identifications, with about a third Republican, a third Democrat and a third choosing another option.

UC Irvine’s findings are already getting attention and exciting Democrats. Money will probably flow toward congressional races, because taking out Steel and Kim and keeping the seat currently occupied by Rep. Katie Porter can help flip the House.

But Orange County’s purple revolution reminds me of Jesus’ bitter comment in the Gospels that a prophet is honored everywhere except in his hometown, and among his own family.

Advertisement

While the rise of Democrats in O.C. has made all the headlines, the facts on the ground tell a different story. In terms of local political power, Republicans still rule — and it’s not even close.

Orange County Board of Supervisors Chairman Donald P. Wagner, seen in 2020, recently won reelection with a resounding 63% of the vote.

(Allen J. Schaben / Los Angeles Times)

They hold every countywide elected position and all the seats on the Orange County Board of Education. While reform-minded sheriffs and district attorneys have won in major metro areas in recent years, O.C.’s top lawmen are proudly regressive Republicans — and voters love it. Dist. Atty. Todd Spitzer won his 2022 reelection bid outright in the primary. Sheriff Don Barnes did even better that spring: there was no election because no one bothered to run against him.

Advertisement

There are more Republican Assembly members from O.C. than Democratic ones, and a majority of city councils in the county lean GOP. Democrats do hold all but one state Senate seat, but on the Board of Supervisors, their majority is only putative because Doug Chaffee, who represents northern Orange County, has the pesky habit of siding with his GOP colleagues a bit too much.

Political change is happening here, but to act as if a purple Orange County exists is dangerous for Democrats. It lulls them into believing their own hype — and local history offers a cautionary tale.

In 1990, Republicans held a 22% voter registration advantage over Democrats, and the idea that Democrats could matter outside of Santa Ana and a handful of other cities was never considered, because it was so outlandish.

What did the GOP do with that advantage? They let it erode like the shoreline in San Clemente.

Pundits attribute this development to the exodus of white Republicans to other states, the emergence of the Latino vote and an increase in college-educated voters, who overwhelmingly sided with Biden over Trump in the UC Irvine poll.

Advertisement

No, it was hubris — that grand leveler of the mighty — that did the GOP in. The party alienated Latino voters for a generation by backing the anti-immigrant Prop. 187, and it let a once-vaunted farm system of candidates dry up. Leaders decided to stand athwart a liberalizing Orange County instead of adapt.

Democrats, on the other hand, capitalized on openings — the GOP war on LGBTQ+ and abortion rights, court-mandated district elections, ever-increasing cost-of-living — with two successive party chairs, Fran Sdao and Ada Briceño, who played to win instead of settling for perpetual second-banana status. The historic developments of 2016, 2018 and 2019 all came because of an underdog mentality that assumed nothing.

Two volunteers help a woman register to vote at the OC Fair in Costa Mesa.

Nick Hernandez, left, and Mary Carter, center, volunteers with the Laguna Beach Democratic Party, help Sydney Magno, of Riverside, register to vote as a Democrat at the Democratic Party of Orange County booth during the OC Fair in Costa Mesa in 2019.

(Allen J. Schaben / Los Angeles Times)

I hope Orange County Democrats remember this. Their victories have worked like chlorine in the whiny conservative swamp that was Orange County. But thinking we now wade in a purple wonderland proved disastrous in 2022. Besides the reelections of Spitzer and Barnes, the party endorsed a more progressive Democrat to take on Chaffee, only to see Chaffee win decisively.

Advertisement

Even worse was what happened in Huntington Beach. Leading up to the general election, four of the city’s seven council members were Democrats — a once-unthinkable development in MAGA-by-the-Sea. All local liberals had to do was win one of those seats, and they could have created a blue beachside haven akin to HB’s rival for the Surf City nickname, Santa Cruz.

Instead, a bunch of Democrats ran and canceled each other out. Republicans, meanwhile, formed a slate and took over the City Council. This new majority has turned Huntington Beach into a poster child for Trumpism, and they’re not done: another slate of hard-right candidates is taking on the three remaining Democratic council members in November.

Democrats have already staged key victories this year, hinting that they’ve learned their lessons. They beat back a recall of Santa Ana councilmember Jessie Lopez and helped recall two conservative members of the Orange Unified school board. In both cases, they were going up against better-funded opposition and fought as if they lived in the ruby red O.C. of not that long ago.

Leave the thoughts of a purple reign to Prince, O.C. Dems — there’s still a lot of work to do.

Advertisement
Continue Reading

Politics

Australian lawmakers send letter urging Biden to drop case against Julian Assange on World Press Freedom Day

Published

on

Australian lawmakers send letter urging Biden to drop case against Julian Assange on World Press Freedom Day

A group of Australian lawmakers wrote to President Biden on World Press Freedom Day urging him to drop the charges against WikiLeaks founder Julian Assange as press freedom groups call for the release of Assange and other journalists around the world facing legal cases.

In a Friday letter, the co-chairs of the “Bring Julian Assange Home” Parliamentary Friendship Group – Members of Parliament Andrew Wilkie, Independent; Josh Wilson, Labor Party; Bridget Archer, Liberal Party, and Sen. David Shoebridge, Greens – called on Biden to end the prosecution of Assange, who is in a U.K. prison fighting extradition to the U.S. to face espionage charges for publishing classified American military documents 14 years ago.

A hearing will be held May 20 in front of the British High Court in London to determine if Assange, an Australian publisher, can be extradited to the U.S. to stand trial or if he can make a full appeal challenging his extradition. If the court rules in favor of extradition, Assange’s only remaining option would be at the European Court of Human Rights.

“On World Press Freedom Day, we write as a group of Australian Parliamentarians from across the political spectrum seeking the freedom of Julian Assange,” the lawmakers wrote. “We write in the hope that Mr. Assange, who has endured maximum security imprisonment in the United Kingdom’s Belmarsh Prison for more than five years without conviction on any substantial charge, can go free, can go home, can be reunited with his wife, children, and family.”

ASSANGE EXTRADITION CASE MOVES FORWARD AFTER US ASSURES UK COURT THERE WILL BE NO DEATH PENALTY

Advertisement

A group of Australian lawmakers wrote to President Biden on World Press Freedom Day asking him to drop the charges against WikiLeaks founder Julian Assange. (Getty Images)

Assange, 52, faces 17 counts under the Espionage Act for allegedly receiving, possessing and communicating classified information to the public, as well as one charge alleging conspiracy to commit computer intrusion. If extradited, Assange would stand trial in Alexandria, Virginia, and could face up to 175 years in a maximum security prison if convicted.

The charges were brought by the Trump administration’s DOJ over WikiLeaks’ 2010 publication of cables leaked by U.S. Army intelligence analyst Chelsea Manning, and the Biden administration has continued that prosecution. The information detailed alleged war crimes committed by the U.S. government in Iraq, Afghanistan and the detention camp at Guantánamo Bay, Cuba, as well as instances of the CIA engaging in torture and rendition.

The letter comes after Biden said last month he is considering a request from Australia to drop the charges against Assange.

“We were heartened by President Biden’s recent acknowledgment that the United States is considering Australia’s request to end the prosecution of Julian Assange,” the letter reads. “We respectfully urge the United States to discontinue the long, expensive, and punishing extradition process that prevents Mr Assange from returning to his family in Australia.”

Advertisement

The White House did not respond to Fox News Digital’s request for comment.

SQUAD AND MARJORIE TAYLOR GREENE JOIN 16 LAWMAKERS CALLING ON BIDEN TO FREE JULIAN ASSANGE

Assange has been held at London’s high-security Belmarsh Prison since he was removed from the Ecuadorian Embassy on April 11, 2019, for breaching bail conditions. He had sought asylum at the embassy since 2012 to avoid being sent to Sweden over allegations he raped two women because Sweden would not provide assurances it would protect him from extradition to the U.S. The investigations into the sexual assault allegations were eventually dropped.

A U.K. district court judge had rejected the U.S. extradition request in 2021 on the grounds that Assange was likely to kill himself if held under harsh U.S. prison conditions. Higher courts overturned that decision after getting assurances from the U.S. about his treatment.

Assange’s lawyers have continued to fight against his extradition, currently seeking the opportunity for a full appeal following the May 20 hearing, which comes after the U.S. provided assurances to the U.K. last month that Assange would not face new charges that could lead to the death penalty. They also said he would be allowed to make a First Amendment argument in a U.S. courtroom – things Assange’s lawyers and family described as empty promises.

Advertisement

In March, when the British court asked the U.S. to provide assurances, it rejected most of Assange’s appeals – six of nine he lodged, including allegations of a political prosecution and concerns about an alleged CIA plot under the Trump administration to kidnap or kill Assange while he remained hunkered down in the Ecuadorian Embassy in London.

Australian Prime Minister Anthony Albanese of the Labor Party has said “there is nothing to be served by his ongoing incarceration” and the Leader of the Opposition, Peter Dutton of the Liberal Party, has said he believes this case has “gone on for too long.”

In February, the House of Representatives in the Australian Parliament passed a motion demanding Assange be freed, stressing “the importance of the U.K. and the U.S.A. bringing the matter to a close so that Mr. Assange can return home to his family in Australia.”

BRITISH COURT RULES JULIAN ASSANGE EXTRADITION ON PAUSE UNTIL US GUARANTEES NO DEATH PENALTY

Stella Assange

Stella Assange, wife of Julian Assange, speaks beside a poster of her husband at the Royal Courts of Justice in London on Feb. 21, 2024. (AP)

A cross-party delegation of Australian lawmakers visited Washington, D.C., in September and met with U.S. officials, members of Congress and civil rights groups in an attempt to secure Assange’s freedom.

Advertisement

“While we believe the prosecution of Julian Assange is wrong as a matter of principle, we say in any case that there is no justice, compassion, or reasonable purpose in the further persecution of Mr. Assange when one considers the duration and harsh conditions of the detention he has already suffered,” the letter concludes.

The Obama administration in 2013 decided not to indict Assange over WikiLeaks’ 2010 publication of classified cables because it would have had to also indict journalists from major news outlets who published the same materials.

President Obama also commuted Manning’s 35-year sentence for violations of the Espionage Act and other offenses to seven years in January 2017, and Manning, who had been imprisoned since 2010, was released later that year.

No publisher had been charged under the Espionage Act until Assange, and many press freedom groups have said his prosecution sets a dangerous precedent intended to criminalize journalism.

“President Biden has repeatedly said that journalism is not a crime, all the while his administration continues to prosecute WikiLeaks founder Julian Assange under the Espionage Act for acts that journalists engage in every day,” Caitlin Vogus, Deputy Director of Advocacy at Freedom of the Press Foundation, told Fox News Digital. “To truly celebrate World Press Freedom Day, the Biden administration should immediately drop the Espionage Act charges against Assange.”

Advertisement

She continued: “If the DOJ tried to prosecute reporters at the New York Times or Wall Street Journal under the Espionage Act for speaking to sources, obtaining classified information, and publishing that information, we would rightfully see it as a severe threat to the First Amendment. The Espionage Act prosecution of Assange threatens press freedom by opening the door to precisely those kinds of prosecutions of journalists by the current or future administrations.”

Reporters Without Borders Executive Director Clayton Weimers told Fox News Digital that the prosecution of Assange “could set a very dangerous precedent for American press freedom.”

“This would be the first time the Espionage Act, an archaic law badly in need of reform, would be used to punish the publisher of factual information, not just the leaker,” he said. “In this case, the leaker, Chelsea Manning, has already served her sentence. But if the Justice Department is successful in prosecuting Assange, they’re opening the door to prosecuting any journalist or media outlet – including Fox News – to prosecution for publishing government secrets, even if that publication is in the public interest.”

On World Press Freedom Day, many other journalists around the world are facing legal cases for their journalistic work, including Wall Street Journal reporter Evan Gershkovich, who is being held in Russia on espionage charges for allegedly stealing secret military documents.

“We continue to call for the Kremlin to release Evan Gershkovich, and indeed for the release of all wrongly jailed journalists around the world,” Weimers said. “We also call on the State Department to designate journalist Alsu Kurmasheva, a US citizen, as ‘wrongfully detained.’”

Advertisement

ARTIST THREATENS TO DESTROY PICASSO, REMBRANDT, WARHOL MASTERPIECES WITH ACID IF JULIAN ASSANGE DIES IN PRISON

A protester holds a placard outside the Royal Courts of Justice in London

Julian Assange faces 17 counts under the Espionage Act for allegedly receiving, possessing and communicating classified information to the public, as well as one charge alleging conspiracy to commit computer intrusion. (AP)

When governments arrest or imprison journalists for covering the news, Vogus said, it “threatens everyone’s freedom and ability to be informed.”

“Arresting journalists for covering the news is an authoritarian bullying tactic whether it’s happening in Russia or Austin, Texas,” she said. “Compelling reporters to reveal their confidential sources will make whistleblowers less likely to come forward. Sources often risk their livelihoods and even their freedom to tell journalists what they know about corruption, crimes, and wrongdoing.”

Reporters Without Borders downgraded the U.S. to 55 among nations in the 2024 World Press Freedom Index.

Advertisement

“The U.S. should be a beacon for press freedom around the world. Instead, we have recently seen journalists in the U.S. arrested and prosecuted simply for doing their jobs across the country, and witnessed growing distrust fueled by the irresponsible rhetoric of some political officials,” National Press Club president Emily Wilkins and National Press Club Journalism Institute president Gil Klein said in a statement. “The falling ranking of the U.S. in the World Press Freedom Index shows that we are headed in the wrong direction.”

The Freedom of the Press Foundation, Reporters Without Borders, National Press Club and many other press freedom groups are urging Congress to pass the bipartisan PRESS Act, which would prevent the federal government from compelling journalists to reveal their sources and confidential work.

Continue Reading
Advertisement

Trending