Mississippi
Mailing Abortion Pills Punishable By 5 Years in Prison, Mississippi AG Argues
![Mailing Abortion Pills Punishable By 5 Years in Prison, Mississippi AG Argues Mailing Abortion Pills Punishable By 5 Years in Prison, Mississippi AG Argues](https://www.mississippifreepress.org/wp-content/uploads/2022/08/FXtjUjhUIAIEgWK-2.jpeg)
Mississippi Lawyer Common Lynn Fitch informed a federal courtroom final week that U.S. legislation already makes mailing abortion tablets against the law punishable by as much as 5 years in jail and even racketeering prices. She made the argument on the behalf of the State of Mississippi as a defendant in a case in opposition to GenBioPro Inc., a generic producer of the U.S. Meals and Drug Administration-approved abortion tablet mifepristone.
Within the case, GenBioPro, Inc. vs. Edney, the pharmaceutical firm is arguing that the State’s set off legislation banning nearly all abortions at any stage “prevents GBP from promoting its product in Mississippi” and that it “prevents entry to an FDA-approved treatment that has been deemed secure and efficient.”
“The set off legislation doesn’t battle with or frustrate any federal legislation or coverage,” Fitch responded in an Aug. 4 submitting within the U.S. District Court docket For The Southern District of Mississippi. “The set off legislation doesn’t impermissibly regulate the security or efficacy of an FDA-approved drug. Fairly, the set off legislation prohibits major conduct—performing abortions—that the State is constitutionally entitled to ban.”
The U.S. Supreme Court docket dominated that states can regulate abortion, together with by enacting broad prohibitions, when it overturned Roe v. Wade at Fitch’s request on June 24, 2022.
Fitch: Federal RICO Costs, Jail Potential
Within the Aug. 4 submitting, Mississippi’s Republican legal professional normal argued that no federal coverage “preempts state legal guidelines banning treatment abortion.”
“If something, federal legislation adopts the other coverage from what GBP claims. Federal legislation criminalizes the usage of the mails to do what GBP calls for this Court docket to permit it to do: distribute abortion-inducing medication,” Fitch stated.
She cited two sections of the U.S. code. The primary, 18 U.S.C. § 1461, says that “each article or factor designed, tailored, or meant for producing abortion, or for any indecent or immoral use” is “nonmailable.” The second legislation, 18 U.S.C. § 1462, prohibits utilizing “any specific firm or different widespread service or interactive pc service for carriage in interstate or international commerce … any drug, medication, article, or factor designed, tailored, or meant for producing abortion.”
Each legal guidelines say that anybody breaking them may resist 5 years in jail for a primary offense or as much as 10 years for subsequent offenses. The federal authorities has lengthy declined to implement these components of the respective legal guidelines, nonetheless. Fitch argued in her lawsuit that these convicted underneath 1461 and 1462 may even face racketeering prices underneath the federal Racketeer Influenced and Corrupt Group Act, also called RICO.
Former Democratic President Invoice Clinton signed an replace to 1462 with the Communications Decency Act, in 1996. Its sponsors’ major objective was to ban on-line pornography. Congress handed the legislation in response to lobbying from Christian-right organizations just like the American Household and the Household Analysis Council who claimed they wished to guard youngsters from obscenity.
Then-U.S. Home Rep. Henry Hyde added a provision within the invoice to ban the usage of “interactive pc providers” for transmitting info on find out how to “get hold of” or “produce” an abortion; it already included a prohibition on transmitting such info with printed supplies. (Hyde was an Illinois Republican identified for the Hyde Modification, which banned federal funding for abortions, and he’s a distant relative of U.S. Sen. Cindy Hyde-Smith, R-Miss.)
Fitch’s workplace didn’t conform to a request for an interview to debate her submitting within the GenBioPro case.
“We don’t touch upon lively litigation,” Chief of Workers Michelle Williams stated. “We are going to let our filings converse for themselves.”
Attorneys for GenBioPro didn’t reply to a request for remark.
Some authorized consultants have just lately argued that the federal legal guidelines Fitch cited banning the usage of mail to ship abortion tablets are null, nonetheless. A June 27, 2022, article in Cause cited Professor David S. Cohen, an professional on gender and legislation at Drexel Kline College of Regulation, who stated “the circuit courts way back declared they solely apply to illegal objects.”
“So, since abortion is (federally) authorized and the FDA has accredited distribution of mifepristone as secure and efficient, together with by mail, these are lawful activites and objects, thus the legislation, as interpreted by the courts, doesn’t apply,” Cohen stated. “Even now that some states have made abortion unlawful, the tablets nonetheless are authorized underneath federal legislation. That is why nobody in any of the litigation, regulatory feedback, or different advocacy round treatment abortion for the previous a long time has raised these legal guidelines, even the Trump administration within the litigation about mailing tablets that went to the Supreme Court docket.
“To place a finer level on it, any opposite interpretation than what I defined right here would ban abortion in all places as a result of each system used to carry out an abortion in a clinic (forceps, cannulas, and so forth.) can be banned from being shipped to clinics. These are lawful objects for lawful procedures to allow them to be despatched within the mail.”
1996 Regulation Sparked Lawsuits, Warnings
When he signed the Communications Decency Act into legislation on Feb. 8, 1996, Clinton stated he “object(ed) to the availability within the act in regards to the transmittal of abortion-related speech and data,” however that he had assurances it might not be enforced.
“The Justice Division had suggested me of its longstanding coverage that this and associated abortion provisions in present legislation are unconstitutional and won’t be enforced as a result of they violate the First Modification,” Clinton stated.
![a photo of Bill Clinton standing in front of Janet Reno and Al Gore](https://www.mississippifreepress.org/wp-content/uploads/2022/08/Bill-Clinton-Al-Gore-Janet-Reno-1024x683.jpg)
In a letter to then-Vice President Al Gore the following day, then-U.S. Lawyer Common Janet Reno confirmed that the Justice Division wouldn’t defend the abortion-related content material of the replace legislation. She pointed to previous selections about implementing related prohibitions, together with 18 U.S.C. § 1461, the opposite legislation Mississippi Lawyer Common Lynn Fitch talked about in her Aug. 4, 2022, courtroom submitting. Reno famous that in 1981, U.S. Lawyer Common Benjamin Civiletti, an appointee of Democrat Jimmy Carter, introduced that he wouldn’t implement 1461 as a result of it was “unconstitutional.”
“Part 1462 is topic to the identical constitutional defect as 1461 and 3001 with respect to its utility of abortion-related speech and data,” Reno stated within the Feb. 9, 1996, letter.
The act drew a number of lawsuits, together with one the Heart For Reproductive Regulation and Coverage (now referred to as the Heart For Reproductive Rights) filed in New York in 1996. Regardless of Reno’s assurances, the group nonetheless requested for a choose to rule on the legislation’s prohibition on abortion-related speech.
“We’re extraordinarily happy that the Clinton administration has acknowledged the invalidity of this legislation,” Effector On-line reported legal professional Simon Heller saying on Feb. 14, 1996. “Nonetheless, we consider a courtroom ruling in opposition to the availability barring receipt or provision of abortion info remains to be vital to stop a future administration or radical right-wing members of Congress from wielding it in opposition to ladies’s well being care suppliers and advocates.”
In March 1997, although, a federal choose threw out the problem to the legislation’s abortion-related speech provisions, citing the truth that “the Chief Govt and his principal legislation enforcement officer have publicly introduced their intention to not implement the legislation, not as soon as however on a number of occassions.” If the federal government modified its thoughts and determined to implement the abortion provisions, he stated, opponents may problem it then.
In Reno v. ACLU in July 1997, the U.S. Supreme Court docket struck down the components of the Communications Decency Act centered on pornography for being too imprecise and violating the first Modification’s free speech protections, however the unenforced abortion provisions remained intact—together with the prohibition on mailing abortion drugs.
FDA Permitted Remedy Abortions
Beginning in April 2021, the FDA underneath President Joe Biden introduced that it might carry necessities for abortion sufferers to go to a clinic or medical hospital to be able to get hold of mifepristone throughout the pandemic, permitting telehealth choices with abortion tablets despatched by mail. The FDA completely eliminated that requirement in December 2021, although it may reinstate it throughout a future administration.
Because the U.S. Supreme Court docket overturned Roe v. Wade in Dobbs v. Jackson Ladies’s Well being Group and the State pressured Mississippi’s solely abortion clinic to shut, abortion-rights advocates have overtly mentioned choices for pregnant individuals to acquire tablets by mail—together with from abroad distributors. One group that helps abortion rights has even erected billboards all through the capital metropolis selling the choice.
The authorized dangers are hazy, although. Apart from the unenforced federal legislation Lawyer Common Lynn Fitch cited in her Aug. 4 courtroom submitting, state lawmakers are overtly discussing their want to move new state legal guidelines concentrating on mail supply of abortion tablets within the 2023 legislative session.
Mississippi’s abortion set off legislation makes it unlawful for “any particular person, besides the pregnant lady” to “knowingly or recklessly carry out or try and carry out or induce an abortion within the State of Mississippi” besides when essential to protect the lifetime of a pregnant particular person or in instances of rape if first reported to legislation enforcement It defines abortion to imply “the use or prescription of any instrument, medication, drug or every other substance or system to terminate the being pregnant of a lady identified to be pregnant with an intention aside from to extend the likelihood of a stay beginning, to protect the life or well being of the kid after stay beginning or to take away a lifeless fetus.”
The Heart For Reproductive Rights didn’t conform to a request for an interview to debate legal guidelines regulating abortion drugs just like the federal legislation Fitch cited, saying they have been “at capability and (couldn’t) accommodate an interview.” The group as a substitute despatched a press release from Elisabeth Smith, its director of state coverage and advocacy.
“Remedy abortion has been scientifically confirmed to be a secure and efficient technique to terminate a being pregnant,” Smith stated. “The FDA has stated treatment abortion might be offered by way of telemedicine and the mail and President Biden has directed the Well being and Human Companies Division to do every part in its energy to increase entry to treatment abortion.
“Restrictions in opposition to mifepristone and misoprostol are medically pointless and are primarily based on misinformation. This simply reveals that restrictions on abortion don’t have anything to do with individuals’s well being however as a substitute threaten the wellbeing of communities throughout the nation.”
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Mississippi
Who should be SBLive’s Mississippi high school player of the week? (Aug. 25-31)
![Who should be SBLive’s Mississippi high school player of the week? (Aug. 25-31) Who should be SBLive’s Mississippi high school player of the week? (Aug. 25-31)](https://images2.minutemediacdn.com/image/upload/c_crop,w_1280,h_720,x_0,y_0/c_fill,w_1440,ar_16:9,f_auto,q_auto,g_auto/images/voltaxMediaLibrary/mmsport/high_school/01j5m63arexrvt6r9tmr.jpg)
Here are the candidates for SBLive’s Mississippi high school Athlete of the Week for August25-31. Read through the nominees and cast your vote. The poll will close Sunday at 11:59 p.m. If you would like to make a nomination in a future week, email Tyler@scorebooklive.com. For questions/issues with he poll, email athleteoftheweek@scorebooklive.com.
Editor’s note: Our Athlete of the Week feature and corresponding poll is intended to be fun, and we do not set limits on how many times a fan can vote during the competition. However, we do not allow votes that are generated by script, macro or other automated means. Athletes that receive votes generated by script, macro or other automated means will be disqualified.
Kohl Bradley, DB, George County: Racked up 17 tackles and returned an interception 80 yards for a touchdown in a 33-7 win over East Central.
DaJuan Colbert, DB, Natchez: Recorded 15 tackles, forced one fumble and returned another one 75 yards for a touchdown in a 58-50 win over Hancock.
Garrison Davis, QB, Holmes County Central: Completed 14 of his 21 pass attempts for 375 yards and three touchdowns in a 20-6 win over Vicksburg.
Xzavion Gainwell, DB, Yazoo County: Recorded nine tackles, an interception and an 80-yard interception return for a touchdown in the Panthers’ 20-16 win over South Delta.
Elijah Jones, RB, West Jones: Had 24 carries 226 yards and four touchdowns in a 34-6 win over Laurel.
Kingi McNair, WR, Pearl: Caught four passes for 160 yards and two touchdowns in a 26-20 win over Neshoba Central.
Ashton Nichols, DB, Clinton: Recorded six tackles to go with two big pass breakups, a blocked punt and a return for a touchdown in a 26-20 win over Warren Central.
Ethan Prater, RB, Pisgah: Rushed for 132 yards on 27 carries with three scores and caught a 60-yard touchdown pass in a 33-32 win over North Forrest.
Glen Singleton, RB, Madison Central: Rushed for 174 yards on 18 carries with all four touchdowns in a 27-20 win over Ocean Springs.
Damarius Yates, RB, Kemper County: Rushed for 193 yards on 17 carries and returned a kickoff 75 yards for a touchdown in a 38-15 win over Kosciusko.
Mississippi
‘If they cannot play Thalia Hall, they cannot play in Mississippi at all’: Broadway in Jackson speaks out about possible show cancellations
![‘If they cannot play Thalia Hall, they cannot play in Mississippi at all’: Broadway in Jackson speaks out about possible show cancellations ‘If they cannot play Thalia Hall, they cannot play in Mississippi at all’: Broadway in Jackson speaks out about possible show cancellations](https://gray-wlbt-prod.cdn.arcpublishing.com/resizer/v2/3KMJQZPKGBHNRCT7NENQ3O72YY.png?auth=8e7e3183f489f41a63616389bdae4dd45efc187856d208138265c67183c736b4&width=1200&height=600&smart=true)
JACKSON, Miss. (WLBT) – It’s been one month since Thalia Mara Hall closed its doors due to a mold outbreak.
Innovation Arts and Entertainment is the company responsible for bringing Broadway productions to Jackson.
Representatives from the company visited Jackson after hearing the building had been closed.
CEO Adam Epstein says the City of Jackson did not inform them of the news.
“We did not find out from anybody within the city. We found out by reading news clippings forwarded to us by other people in Jackson,” Epstein said.
Certified Industrial Hygienic Testing reported visible dirt, debris, and suspected mold growth on many surfaces.
Epstein fears this could change the possibility of bigger shows coming to the capital city.
“They’re going to skip over us because of this mess. We need to show as a community that Jackson cares about this valuable asset and that we demand our elected leaders to support and treat this really, incredibly valuable asset with the TLC it deserves,” he said.
Thalia Mara Hall is the only venue in the state that can host a Broadway production due to the technical needs and accommodations required.
“Touring theatrical shows. If they cannot play Thalia Hall, they cannot play in Mississippi at all,” he said.
Broadway in Jackson is not only a great source of entertainment in the city, but it’s also beneficial economically.
“Those other businesses don’t benefit. The city doesn’t earn tax revenue from events that we present. They don’t earn rental income from the events we present. They don’t earn facility fees from the events we present. This is a real tragedy. It’s unacceptable.”
The well-being of the potential audience is the company’s main priority.
“I will not risk our ticket buyers’ health and safety and comfort. Our shows can and will cancel before we’d ever put somebody in jeopardy. We’ve issued a 100% guarantee of a full refund if the venue is not given a clean bill of health,” Epstein said.
All shows will be canceled on a case-to-case basis.
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Mississippi
Tire failure suspected in deadly Mississippi bus crash, NTSB says
![Tire failure suspected in deadly Mississippi bus crash, NTSB says Tire failure suspected in deadly Mississippi bus crash, NTSB says](https://www.gannett-cdn.com/presto/2021/07/11/USAT/9631b18b-dce5-449d-a448-47f4b71a9b44-MS-01.png?auto=webp&crop=3954,2224,x823,y443&format=pjpg&width=1200)
Investigators with the National Transportation Safety Board are conducting a probe into Saturday’s crash that killed seven and injured 36 people.
The deadly bus crash in Mississippi that killed seven people and injured dozens of others early Saturday occurred after the vehicle experienced a tire failure, causing it to run off the road and overturn, officials and authorities said.
Investigators with the National Transportation Safety Board, in coordination with the Mississippi Highway Patrol, are conducting a probe into Saturday’s crash that left seven people dead and another 36 people injured. The collision occurred at about 12:40 a.m. on Interstate 20 near Vicksburg, Mississippi, when the bus left the roadway and overturned.
The bus, which authorities described as a 2018 Volvo commercial passenger bus, traveled westbound when its left front tire failed, NTSB member Todd Inman said at a news conference Sunday. The bus then moved onto an embankment and rolled over on its left side.
Inman added that investigators will be at the scene for at least another week and are looking into several factors of the crash, including the vehicle’s mechanical condition, motor carrier safety, the condition and experience of the driver, and environmental factors.
According to U.S. Department of Transportation records, the bus was operated by Autobuses Regiomontanos. Records show that in the 24 months before Saturday, the transit company’s vehicles were involved in one fatal crash, two injury collisions, and a crash requiring a tow truck.
The transit company has over 20 years of experience and provides trips between more than 100 destinations throughout Mexico and the United States, according to Autobuses Regiomontanos’ website.
“Everyone at the NTSB sends their expressions of sorrow for everything that the survivors and victims of this crash went through,” Inman said.
7 killed, 36 injured in bus crash
The bus carried a total of 41 passengers and two drivers, according to authorities. It was traveling from Atlanta to Dallas when the incident occurred.
No other vehicles were involved in the crash, according to Master Sergeant Kervin K. Stewart with the Mississippi Highway Patrol. Six people were pronounced dead at the scene and another person died later at a hospital, Stewart said.
Another 36 people were transported to area hospitals.
Warren County Coroner Doug Huskey said two victims killed in the crash were identified by their mother as a 16-year-old girl and an 8-year-old boy, according to The New York Times. Authorities were working to identify the other victims.
Contributing: Jeanine Santucci, USA TODAY
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