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In California, abortion could become a constitutional right. So could birth control.

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In California, abortion could become a constitutional right. So could birth control.


Californians will resolve in November whether or not to lock the fitting to abortion into the state structure.

In the event that they vote “sure” on Proposition 1, they may even lock in a proper that has gotten much less consideration: the fitting to contraception.

Ought to the measure succeed, California would grow to be one of many first states — if not the primary — to create express constitutional rights to each abortion and contraception.

The lawmakers and activists behind the constitutional modification mentioned they hope to attain a one-two punch: shield abortion in California after the U.S. Supreme Court docket ended the federal constitutional proper to abortion below Roe v. Wade, and get forward of what they see as the following entrance within the reproductive rights struggle: contraception.

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“America Supreme Court docket mentioned that the privateness and liberty protections in the US Structure didn’t prolong to abortion,” mentioned UCLA legislation professor Cary Franklin, an knowledgeable in constitutional legislation and reproductive rights who has testified earlier than the California legislature in assist of the modification. “In the event that they mentioned ‘no’ on abortion, they’re most likely going to say ‘no’ on contraception as a result of that has the same historical past.”

In June, the U.S. Supreme Court docket’s determination in Dobbs v. Jackson Ladies’s Well being Group ended the federal proper to abortion and left states to manage the service. In his concurring opinion, Justice Clarence Thomas mentioned the court docket ought to revisit different instances which have created protections for Individuals primarily based on an implicit proper to privateness within the U.S. Structure, such because the 1965 case Griswold v. Connecticut, which established a federal proper to contraception for married individuals — which was later prolonged to single individuals.

Some congressional Democrats are actually making an attempt to codify the fitting to contraception in federal legislation. In July, the U.S. Home of Representatives handed the Proper to Contraception Act, which might give sufferers the fitting to entry and use contraception and suppliers the fitting to furnish it. However the invoice has little probability of success within the U.S. Senate, the place Republicans have already blocked it as soon as.

Defending entry to contraception is standard with voters. A nationwide ballot from Morning Seek the advice of and Politico performed in late July discovered that 75% of registered voters assist a federal legislation that protects a proper to contraception entry.

California is not the one state the place voters are contemplating reproductive rights of their constitutions.

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On Tuesday, Kansas voters decisively rejected a constitutional modification that might have allowed state lawmakers to ban or dramatically limit abortion. It failed by practically 18 proportion factors.

Kentucky voters will face the same determination in November with a proposed constitutional modification that might declare that the state’s constitutional proper to privateness doesn’t cowl abortion.

Vermont goes in the wrong way. Voters there’ll weigh a poll measure in November that might add a proper to “private reproductive autonomy” to the state structure, although it doesn’t explicitly point out abortion or contraception. In Michigan, a proposed constitutional modification that might assure a proper to each abortion and contraception is predicted to qualify for the November poll.

In California, Proposition 1 would stop the state from denying or interfering with “a person’s reproductive freedom of their most intimate selections, which incorporates their basic proper to decide on to have an abortion and their basic proper to decide on or refuse contraceptives.”

The proposed constitutional modification does not go into element about what enshrining the fitting to contraception within the state structure would imply.

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California already has a few of the strongest contraceptive-access legal guidelines within the nation — and lawmakers are contemplating extra proposals this yr. As an illustration, state-regulated well being plans should cowl all FDA-approved contraception; pharmacists should dispense emergency contraception to anybody with a prescription, no matter age; and pharmacists can prescribe contraception tablets on the spot. State courts have additionally interpreted California’s structure to incorporate a proper to privateness that covers reproductive well being selections.

The modification, if adopted, might present a brand new authorized pathway for individuals to sue after they’re denied contraceptives, mentioned Michele Goodwin, chancellor’s professor of legislation on the College of California-Irvine.

If a pharmacist refused to fill a contraception prescription or a cashier declined to ring up condoms, she mentioned, prospects might make a case that their rights had been violated.

Making the rights to abortion and contraception express within the state structure — as a substitute of counting on a proper to privateness — would additionally shield in opposition to shifting political winds, mentioned state Senate chief Toni Atkins (D-San Diego), who was the director of a ladies’s well being clinic within the Nineteen Eighties. Though California’s lawmakers and government officers are strong supporters of abortion rights, she mentioned, the composition of the legislature and courts’ interpretation of legal guidelines might change.

“I need to know for positive that that proper is protected,” Atkins mentioned at a legislative listening to in June. “We’re defending ourselves from future courts and future politicians.”

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The modification would solidify California’s function as a reproductive rights sanctuary as a lot of the nation chips away at contraception availability, Goodwin added.

Specialists mentioned two types of contraception which can be weak to restrictions in different states are intrauterine gadgets, or IUDs, and emergency contraception like Plan B. These strategies are sometimes incorrectly conflated with abortion tablets, which finish a being pregnant as a substitute of stopping it.

9 states have legal guidelines that limit emergency contraception — for instance, by permitting pharmacies to refuse to dispense it or excluding it from state household planning packages — in keeping with the Guttmacher Institute, a analysis group that helps abortion rights. In Alabama and Louisiana this yr, abortion opponents launched laws that might limit or ban abortion, and would additionally apply to emergency contraception.

“We’re seeing an erosion of abortion entry that’s taking part in out in statehouses throughout the nation which have and can proceed to focus on contraceptive care as properly,” mentioned Audrey Sandusky, senior director of coverage and communications for the Nationwide Household Planning and Reproductive Well being Affiliation.

Susan Arnall, vp of California’s Proper to Life League, mentioned the proposed modification is symbolic and merely echoes present legal guidelines. Arnall thinks the marketing campaign is usually about Democratic politicians making an attempt to attain political factors.

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“It simply permits the pro-abort legislators to trumpet and provides them speaking factors about how they’re doing one thing in regards to the overturn of Roe v. Wade,” she mentioned. “It’s political advantage signaling. I do not suppose it does a lot of the rest.”

Goodwin argues that the measure’s symbolism is critical and overdue. She pointed to the Civil Struggle period, when enslaved individuals in Southern states might look to free states for non secular hope and materials assist. “Symbolically, what that meant is a type of beacon of hope, that these locations did exist, the place one’s humanity might be regarded,” Goodwin mentioned.

However California’s repute as a haven for contraceptive availability might not be absolutely warranted, mentioned Dima Qato, an affiliate professor on the College of Southern California Faculty of Pharmacy. In her 2020 examine of contraceptive entry in Los Angeles County, which has a few of the highest charges of stripling and unintended being pregnant within the nation, Qato discovered that solely 10% of pharmacies surveyed supplied pharmacist-prescribed contraception. Pharmacies in low-income and minority communities had been the least more likely to supply the service, Qato mentioned, worsening disparities as a substitute of fixing them.

Qato helps the constitutional modification however mentioned California ought to deal with bettering and imposing the legal guidelines it already has.

“We do not want extra legal guidelines after we do not deal with the basis explanation for an absence of effectiveness of those legal guidelines in these communities,” Qato mentioned. “Lack of enforcement and accountability disproportionately impacts communities of shade.”

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This story was produced by KHN, which publishes California Healthline, an editorially impartial service of the California Well being Care Basis.

This text was reprinted from khn.org with permission from the Henry J. Kaiser Household Basis. Kaiser Well being Information, an editorially impartial information service, is a program of the Kaiser Household Basis, a nonpartisan well being care coverage analysis group unaffiliated with Kaiser Permanente.



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California

Whistleblower Seeks To Determine If Hunter Biden Paid California Taxes

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Whistleblower Seeks To Determine If Hunter Biden Paid California Taxes


Thanks to the presidential pardon from his father, Hunter Biden will no longer have to worry about the federal charges he was facing for failure to pay federal income tax on millions of dollars in earnings. President Joe Biden’s December 1 pardon does not, however, immunize his son from prosecution for failure to pay state income tax. Whether or not Hunter Biden fulfilled his state tax obligations to California is a question now being pursued by a public whistleblower.

Hunter Biden was a resident of California, home to the highest top marginal income tax rate in the country at 13.3%, during the years for which he has pled guilty to federal tax evasion. While media coverage has focused on unmet obligations to the IRS, the prospect of unpaid state tax liabilities is a topic that has never received much attention. In early December, James Lacy, president of the United States Justice Foundation, filed a public complaint (Case Number 12024-14638) with the California State Auditor calling for an investigation of the California Franchise Tax Board in order to determine whether Hunter Biden filed and paid state taxes for the years he has pled guilty to federal tax evasion.

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Given the amount of income on which Hunter Biden failed to pay federal taxes, it’s a potentially large sum of money that he also might have neglected to pay to the government of California, a Democrat-run state where taxpayers are on the hook for an estimated trillion dollars-worth of unfunded public pension liabilities and where employers were recently hit with a payroll tax hike triggered by Governor Gavin Newsom’s (D-Calif.) decision to not repay unemployment insurance loans taken out from the federal government during the pandemic.

“Californians who file their tax returns and timely pay their taxes deserve to know whether or not Hunter Biden has received any special treatment from the Franchise Tax Board regarding his tax liability,” said Lacy. “I am hoping my Whistleblower Complaint will draw attention to this issue and bring some transparency to whether our state tax system has acted fairly.”

“If Hunter Biden failed to pay federal taxes, it’s reasonable to suspect he also failed to pay applicable state income taxes for those years,” says Ryan Ellis, an IRS-enrolled agent. Lacy also called on the Governor to act, saying “Newsom should also reveal to California taxpayers whether or not Hunter Biden was secretly ‘pardoned’ from state tax liability and enforcement as well.”

California Combines High Tax Rates With Muscular Collection

Aside from the nation’s highest state income tax rate, California has long been considered the most aggressive state in the nation when it comes to taxing foreign-sourced income. “Unfortunately for the President’s son, not only did he face the highest state income tax rate, he was also dealing with a state whose tax law has the longest and most aggressive arm,” Ellis said. “Comparatively speaking, California is the most litigious state I have seen in terms of chasing people down for money. Only New York rivals them.”

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“It doesn’t matter if the income was coming from the former Mayor of Moscow, a Chinese private equity firm, or a Ukrainian gas company, California tax obligations are global and would’ve applied for the years in which Hunter Biden was a Golden State resident,” added Ellis, who runs his own tax preparation business and is president of the Center for a Free Economy.

The Department of Justice noted in a September 5 press release that “Hunter Biden engaged in a four-year scheme in which he chose not to pay at least $1.4 million in self-assessed federal taxes he owed for tax years 2016 through 2019 and to evade the assessment of taxes for tax year 2018 when he filed false returns.” While Hunter Biden won’t face repercussions for skipping out on those federal tax obligations thanks to the pardon from his father, that doesn’t shield him from state level prosecution for failure to pay taxes to California.

Why would a person pay state taxes on income for which it’s known they did not pay federal taxes owed? That question and the desire to answer it is behind the complaint recently filed with the State Auditor. Fortunately for Hunter Biden, California tax authorities and the California press corps have thus far demonstrated little interest in answering that question.

Hunter Biden also doesn’t have to worry about the most recent state wealth tax proposal introduced Sacramento. That’s because Governor Newsom confirmed earlier this year that he opposes the latest wealth tax bill introduced by California legislators. That should be welcomed news for Hunter Biden, who purchased a $142,000 sports car with funds provided by a Kazakh businessman, and who received a 3.16 carat diamond from a Chinese businessman, both of which would be prime targets of the sort of wealth tax sought by some California lawmakers.

In his 2023 State of the Union Address, President Biden promoted his effort to make “the wealthiest and the biggest corporations begin to pay their fair share. That message was echoed throughout 2024 by Vice President Kamala Harris (D), Senator Chuck Schumer (D-N.Y.), and other prominent Democrats. Any politician who wants to continue calling for stricter gun control and higher tax burdens on the rich, however, will have a hard time doing so in the future if they declined to comment when the President’s son was let off the hook for failing to pay taxes on millions in income and violating of gun laws.

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California man told Wisconsin shooting suspect about plan to attack a government building, gun order says

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California man told Wisconsin shooting suspect about plan to attack a government building, gun order says


A California man was detained by the FBI and ordered to have his guns temporarily seized after he allegedly communicated with the 15-year-old shooter who killed two people at her Wisconsin school, documents show.

The gun violence emergency protective order was served to a 20-year-old in Carlsbad in San Diego County on Tuesday, according to the order, which was obtained by NBC San Diego.

The narrative of the order says the California man had communicated with Natalie “Samantha” Rupnow, who police say opened fire Monday at Abundant Life Christian School in Madison, Wisconsin, which she attended, killing two people before she killed herself.

The FBI detained the man “after he was discovered plotting a mass shooting with the Madison Wisconsin shooter,” a Carlsbad police officer wrote in the gun order.

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The man “admitted to the FBI agents that he told Rupnow that he would arm himself with explosives and a gun and that he would target a government building,” the Carlsbad officer wrote.

The FBI saw messages between him and Rupnow, the order says. It does not go into further detail about the communication or the alleged plans.

The order was approved by a San Diego County judge and served at the Carlsbad home just before 9 p.m. Tuesday, it shows. A court hearing about the order is set for Jan. 3, the document reads.

The order says guns were reported and searched for, but it does not say police seized any. The order requires someone to turn over firearms and not to possess any guns while it is in effect.

A vigil on the grounds of the Wisconsin State Capital on Tuesday to mourn the victims of the shooting at Abundant Life Christian School in Madison. Scott Olson / Getty Images

A spokesperson for the FBI’s San Diego field office declined to comment Wednesday evening.

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Carlsbad police said the investigation is being led by Madison police. A Madison police spokesperson referred questions to the FBI.

It’s not clear whether there are any criminal charges in the matter. None of the agencies mentioned criminal charges, and a spokesperson for the San Diego County District Attorney’s Office did not immediately respond to a request for comment. 

No cases with the man’s name appeared in an online search of criminal cases in the county Wednesday night.  

A phone number for the man or his family could not immediately be found in public records Wednesday.

“There is no threat to the Carlsbad community at this time,” Carlsbad police said in a statement.

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Investigators in Madison are working to determine a motive in the shooting Monday morning.

Rupnow, a freshman, opened fire at a study hall that had mixed grades, Madison police said.

A staff member, Erin West, 42, and a student, Rubi Vergara, 14, were killed, the Dane County Medical Examiner’s Office said, and other people were injured.

Rubi was in the ninth grade, and “her gentle, loving, and kind heart was reflected in her smile,” the school said in a statement Wednesday after their names were released. “Often seen with a book in hand, she had a gift for art and music,” it said.

West was a substitute teacher who became a full-time staff member. “ALCS is a better school for the work of Erin West,” the school said.

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Two students sustained life-threatening injuries, and they remained hospitalized Wednesday, police said. Four other people with minor injuries have been discharged.

Two guns were found at the school, only one of which was used in the shooting, police said in a statement Wednesday. Madison Police Chief Shon Barnes has said the gun that was used was a handgun.

The federal Bureau of Alcohol, Tobacco, Firearms and Explosives has completed its data trace of the guns, but police said more information about the weapons was not being released Wednesday.

Police are looking at Rupnow’s social media accounts as part of the investigation, the police department said.

“Our team is looking to connect to anyone who may have interacted with Natalie Rupnow in the days and weeks leading up to the shooting,” Madison police said in Wednesday’s statement.

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California declares state of emergency as US suffers first severe human case of bird flu

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California declares state of emergency as US suffers first severe human case of bird flu


The U.S. reported its first severe human case of bird flu on Wednesday in a Louisiana resident who is hospitalized in critical condition after suspected contact with an infected backyard flock.

California, the most populous state, declared an emergency over the H5N1 virus as it spread more widely in dairy herds and after it has infected dozens of farm workers this year.

Federal and state officials have failed to control the nation’s outbreak, which infected dairy cattle for the first time in 2024, as some farmers resist testing and containment measures.

After the U.S. reported its first severe human case of bird flu on Wednesday in Louisiana, the state of California has declared an emergency over the H5N1 virus. Getty Images

Severe respiratory illness in the Louisiana patient shows increased health risks for people from the virus that previously caused eye redness, or conjunctivitis, in infected dairy workers.

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Bird flu still represents a low risk to the general public, the U.S. Centers for Disease Control and Prevention said.

CDC has confirmed 61 human cases nationally since April, mostly in workers on dairy farms where the virus infected cattle.

Workers culling infected poultry also have tested positive.

The patient in Louisiana is suffering severe respiratory illness, the Louisiana Department of Health said in a statement.

The person is reported to have underlying medical conditions and is over the age of 65, the department said, putting the patient at higher risk.

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The case is the first to be linked to backyard, non-commercial poultry, said Demetre Daskalakis, director of CDC’s National Center for Immunization and Respiratory Diseases, on a call with reporters.

The virus first infected dairy cattle in 2024 with some farmers resisting testing and containment measures. Getty Images

The CDC said a sporadic case of severe illness in a person with H5N1 bird flu is not unexpected as such cases have occurred in other countries in 2024 and prior years, including cases that led to death.

“The mild cases that we’ve seen in the United States largely reflect that many of the individuals are getting infected by dairy cows and that’s very different than getting infected with infected birds,” said Amesh Adalja, a senior scholar at Johns Hopkins Center for Health Security.

“If you look at the genotype of this patient in Louisiana, it wasn’t the cattle strain. It was a wild bird strain.”

CDC said partial viral genome data from the infected patient shows that the virus belongs to the D1.1 genotype, recently detected in wild birds and poultry in the United States and in recent human cases in British Columbia, Canada, and Washington state.

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This genotype of the virus is different from the B3.13 genotype detected in dairy cows, human cases in multiple states, and some poultry outbreaks in the country, CDC said.

The patient in Louisiana who contracted bird flu is suffering from severe respiratory illness. AP

Bird flu has infected more than 860 dairy herds in 16 states since March and killed 123 million poultry since the outbreak began in 2022.

In California, the top U.S. milk-producing state, 649 herds have tested positive since late August, roughly 60% of its herds, according to U.S. data.

Four southern California dairies tested positive on Dec. 12, “necessitating a shift from regional containment to statewide monitoring and response,” California Governor Gavin Newsom said in his emergency declaration.

Earlier cases had been centered in the Central Valley in the middle of the state.

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The declaration aims to streamline and expedite California’s response by allowing more flexibility for staffing, contracting and other rules, Newsom said.

The U.S. Department of Agriculture said it has enrolled 13 states in a newly launched national bulk milk bird flu testing plan, representing nearly half of the nation’s milk supply.



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