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Judge strikes down part of California’s aid-in-dying law after challenge from Christian medical group

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Judge strikes down part of California’s aid-in-dying law after challenge from Christian medical group


A federal choose says a part of California’s aid-in-dying regulation is unconstitutional as a result of it requires physicians, no matter private objections, to report a terminally in poor health affected person’s request for life-ending treatment.

The regulation permits a affected person to obtain life-ending medicine if two docs certify that the affected person has six months or much less to stay and is mentally competent to decide on demise, and the affected person has made two spoken requests for the medicine. It took impact in 2016 however was amended by lawmakers, efficient this 12 months, to permit the affected person to make the requests inside 48 hours of one another, quite than 15 days.

That change was prompted by proof that the longer ready interval had prevented hundreds of terminally in poor health Californians from requesting the treatment as a result of they had been too in poor health, or had already died, inside 15 days of their preliminary utility.

However the brand new regulation additionally specifies that a health care provider who has spiritual or ethical objections to offering help in dying should document a affected person’s request and refer it to a different doctor who will help in supplying the drugs. As a result of that request counts as one of many two wanted to acquire these drugs, it violates objectors’ freedom of speech by requiring them to participate in implementing the regulation, stated U.S. District Decide Fernando Aenlle-Rocha of Los Angeles.

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“(N)on-participating suppliers are compelled to take part within the Act by way of this documentation requirement, regardless of their objections to assisted suicide,” Aenlle-Rocha, an appointee of former President Donald Trump, stated Friday in a ruling barring enforcement of that portion of the regulation in opposition to docs who oppose it.

He cited the Supreme Courtroom’s 2018 ruling that stated California violated the free-speech rights of anti-abortion clinics referred to as “disaster being pregnant facilities” by requiring them to inform their sufferers that the state makes abortions obtainable to low-income girls at little or no value. Quoting Justice Clarence Thomas’ 5-4 choice in that case, Aenlle-Rocha stated, “the individuals lose when the federal government is the one deciding which concepts ought to prevail,” a precept that he stated applies equally to the ethics of doctor help in dying.

He stated such objections would most likely be comparatively rare, and would have the impact of delaying approval of a affected person’s request for the drugs.

The go well with was filed by the Christian Medical and Dental Associations, which stated greater than 90% of their members would cease working towards drugs in California in the event that they needed to adjust to the state regulation.

“Our shoppers search to stay out their religion of their medical follow, and that features valuing each human life entrusted to their care. Taking part in physician-assisted suicide very clearly would violate their consciences,” lawyer Kevin Theriot of the conservative authorized nonprofit Alliance Defending Freedom stated Tuesday in response to the ruling.

Lawyer Basic Rob Bonta’s workplace stated it was reviewing the choice, and declined additional remark. The state may enchantment to the Ninth U.S. Circuit Courtroom of Appeals.

Bob Egelko is a San Francisco Chronicle employees author. E-mail: begelko@sfchronicle.com Twitter: @BobEgelko

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California

STEVE HILTON: Five things California Democrats still don't get

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STEVE HILTON: Five things California Democrats still don't get


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Along with most other Democratic politicians in California, Gov. Gavin Newsom still doesn’t seem to understand what happened in the 2024 election.

For years, Newsom, along with California cronies like former House Speaker Nancy Pelosi and, of course, Vice President Kamala Harris, bragged about their state being a “model for the nation.”

In one sense–not the one they intended, of course–that’s true. California became a model of what not to do.

CALIFORNIA VOTERS NARROWLY REJECT $18 MINIMUM WAGE; FIRST SUCH NO-VOTE NATIONWIDE SINCE 1996

The terrible combination of elitism and extremism that has defined Democratic policymaking in my home state for at least the last decade has delivered failure on every front.

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Despite having the highest taxes in the nation, despite the state’s budget nearly doubling in the last ten years (even as our population has been falling, in the exodus from blue state misrule), California has the highest rate of poverty in America. We have the highest housing costs, the lowest homeownership, highest gas and utility bills, and the worst business climate–ten years in a row.

This record of failure is exactly why Democrats lost so badly on November 5th. Voters had a clear choice: between more of the same Democrat policies that raised the cost of living and lowered their quality of life, or a return to the peace and prosperity of the Trump years.

GAVIN NEWSOM TO MEET WITH BIDEN AFTER VOWING TO PROTECT STATE’S PROGRESSIVE POLICIES AGAINST TRUMP ADMIN

In many ways, the contest between Donald Trump and Kamala Harris represented a battle between the ‘blue state model’ championed by Gavin Newsom in California, and the ‘red state model’ that has driven people and businesses out of California and into the arms of more welcoming states like Texas, Tennessee and Florida.

Of course, the red state model won and the blue state model was roundly rejected. 

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You would think that would make blue state leaders like Newsom pause and reflect. But the exact opposite has happened. Gavin Newsom immediately called a “special session” of the California legislature to “Trump-proof” his state.

What California really needs is “Newsom-proofing.” 

Instead, California Democrats are doubling down on the exact same agenda that was defeated across the country – including in California, which saw the biggest shift from Democrats to the GOP in decades.

Here are the five things California Democrats still don’t get:

1. People want results, not lectures

Democrats and their media sycophants can do all the self-righteous, sanctimonious bloviating they like about “our democracy” and “equity”, but in the end people want the basics of the American Dream: a good job that pays enough to raise your family in a home of your own in a safe neighborhood with a good school so your kids can have a better life than you. No amount of moral superiority from the people in charge will make up for that if they fail to provide it.

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2. Enough with the ‘climate’ extremism

“Climate” has become a religion for Democrats, and you see that especially clearly in California. But when you look at the main reason life is so unaffordable for working people, whether that’s gas prices, utility bills or housing costs, extreme climate policies are to blame. Working-class Americans can’t afford these ‘luxury beliefs.’

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3. Who cares about Hollywood? 

This election destroyed forever the myth that fancy celebrities can sway votes. Oprah, Beyonce, George Clooney, Taylor Swift…nobody cares! The new cultural powerhouses are the podcast hosts, comedians…the raw power of UFC is where it’s at, not the decadent Hollywood elite who won’t even turn up to support “their” candidate without a multimillion dollar paycheck.

Producer and actress Oprah Winfrey holds up Vice President and Democratic presidential candidate Kamala Harris’ hand as she arrives onstage during a campaign rally on the Benjamin Franklin Parkway in Philadelphia, Pennsylvania, on November 4, 2024.  (Getty Images)

4. ‘Little tech’ beats Big Tech

Democrats may console themselves with the knowledge that California’s Big Tech monopolies are on their side. But in this election we saw the rise of what famed Silicon Valley investor Marc Andressen calls “little tech”, the upstarts and rebels who reject leftist groupthink. They got engaged in this election in a way we’ve never seen before. It’s a massive shift and will be a huge force for the future.

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5. Working class beats the elite 

Back in 2016, after the Brexit vote, and then Donald Trump’s victory here, shocked the world, I predicted that the Republican Party had the opportunity to become a “multiracial working class coalition.” Trump’s 2024 victory has delivered that — a revolutionary shift in our political landscape. The other part of my prediction? Democrats will be left as the party of the “rich, white and woke.”

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Unless Democrats come to terms with these realities and change course, they can expect to lose elections for years to come. The reaction in California – epicenter of today’s Democrat elite — shows that there is zero sign of this happening. 

They just don’t get it.

CLICK HERE TO READ MORE FROM STEVE HILTON

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California proposes its own EV buyer credit — which could cut out Elon Musk's Tesla

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California proposes its own EV buyer credit — which could cut out Elon Musk's Tesla


  • Gov. Gavin Newsom plans to revive California’s EV rebate if Trump ends the federal tax credit.
  • But Tesla, the largest maker of EVs, would be excluded under the proposal.
  • Elon Musk criticized Tesla’s potential exclusion from the rebate.

California Gov. Gavin Newsom is preparing to step in if President-elect Donald Trump fulfills his promise to axe the federal electric-vehicle tax credit — but one notable EV maker could be left out.

Newsom said Monday if the $7,500 federal tax credit is eliminated he would restart the state’s zero-emission vehicle rebate program, which was phased out in 2023.

“We will intervene if the Trump Administration eliminates the federal tax credit, doubling down on our commitment to clean air and green jobs in California,” Newsom said in a statement. “We’re not turning back on a clean transportation future — we’re going to make it more affordable for people to drive vehicles that don’t pollute.”

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The rebates for EV buyers would come from the state’s Greenhouse Gas Reduction Fund, which is funded by polluters of greenhouse gases under a cap-and-trade program, according to the governor’s office.

But Tesla’s vehicles could be excluded under the proposal’s market-share limitations, Bloomberg News first reported.

The governor’s office confirmed to Business Insider that the rebate program could include a market-share cap which could in turn exclude Tesla or other EV makers. The office did not share details about what market-share limit could be proposed and also noted the proposal would be subject to negotiations in the state legislature.

A market-share cap would exclude companies whose sales account for a certain amount of total electric vehicle sales. For instance, Tesla accounted for nearly 55% off all new electric vehicles registered in California in the first three quarters of 2024, according to a report from the California New Car Dealers Association. By comparison, the companies with the next highest EV market share in California were Hyundai and BMW with 5.6% and 5% respectively.

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Tesla sales in California, the US’s largest EV market, have recently declined even as overall EV sales in the state have grown. Though the company still accounted for a majority of EV sales in California this year as of September, its market share fell year-over-year from 64% to 55%.

The governor’s office said the market-share cap would be aimed at promoting competition and innovation in the industry.

Elon Musk, who has expressed support for ending the federal tax credit, said in an X post it was “insane” for the California proposal exclude Tesla.

The federal electric vehicle tax credit, which was passed as part of the Biden administration’s Inflation Reduction Act in 2022, provides a $7,500 tax credit to some EV buyers.

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Musk, who is working closely with the incoming Trump administration, has expressed support for ending the tax credit. He’s set to co-lead an advisory commission, the Department of Government Efficiency, which is aimed at slashing federal spending.

The Tesla CEO said on an earnings call in July that ending the federal tax credit might actually benefit the company.

“I think it would be devastating for our competitors and for Tesla slightly,” Musk said. “But long-term probably actually helps Tesla, would be my guess.”

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BI’s Graham Rapier previously reported that ending the tax credit could help Tesla maintain its strong standing in the EV market by slowing its competitors growth.

Prior to the EV rebate proposal, Newsom has already positioned himself as a foil to the incoming Trump administration. Following Trump’s election win the governor called on California lawmakers to convene for a special session to discuss protecting the state from Trump’s second term.

“The freedoms we hold dear in California are under attack — and we won’t sit idle,” Newsom said in a statement at the time.





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California Gov. Gavin Newsom says state will provide rebates if Trump removes tax credit for electric vehicles

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California Gov. Gavin Newsom says state will provide rebates if Trump removes tax credit for electric vehicles


California Gov. Gavin Newsom said the state will provide rebates to residents if President-elect Donald Trump’s incoming administration does away with a federal tax credit for electric vehicles.

In a news release issued Monday, Newsom said he would restart the state’s Clean Vehicle Rebate Program, which provided financial incentives on more than 590,000 vehicles before it was phased out late 2023.

“We will intervene if the Trump Administration eliminates the federal tax credit, doubling down on our commitment to clean air and green jobs in California,” Newsom said. “We’re not turning back on a clean transportation future — we’re going to make it more affordable for people to drive vehicles that don’t pollute.”

The federal rebates on new and used electric vehicles were implemented in the Inflation Reduction Act that President Joe Biden signed into law in 2022. When Trump’s second term in office begins next year, he could work with Congress to change the rules around those rebates. Those potential changes could limit the federal rebates, including by reducing the amount of money available or limiting who is eligible.

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Limiting federal subsidies on electric vehicle purchases would hurt many American automakers, including Ford, General Motors and the EV startup Rivian. Tesla, which also builds its automobiles in the United States, would take a smaller hit since that company currently sells more EVs and has a higher profit margin than any other EV manufacturer.

Newsom also announced earlier this month that he will convene a special session “to protect California values,” including fundamental civil rights and reproductive rights, that he said “are under attack by this incoming administration.”

“Whether it be our fundamental civil rights, reproductive freedom, or climate action — we refuse to turn back the clock and allow our values and laws to be attacked,” Newsom said on X on Nov. 7.

A spokesperson for Trump did not immediately respond to a request for comment.

This isn’t the first time California will be taking action against the Trump’s administration concerning clean transportation legislation.

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In 2019, California and 22 other states sued his administration for revoking its ability to set standards for greenhouse gas emission and fuel economy standards for vehicles, The Associated Press reported.

California sued the Trump administration over 100 times during his first term, primarily on matters including gun control, health care, education and immigration, the Los Angeles Times reported.



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