Tuesday, September 13, 2022
EPA loses key ruling as Flint residents pursue water claims
A judge blocked the Environmental Protection Agency from appealing a key ruling in a long-running lawsuit claiming negligence by the federal government in Flint’s lead-contaminated water in 2014-15.
U.S. District Judge Judith Levy ruled in 2020 that Flint residents could sue the EPA. Now, two years later, she said she won’t put the case on hold to allow the government to appeal that decision to a higher court.
Levy said more work must be done by lawyers to develop the case.
“The United States characterizes this complex case as one of merely a series of discrete, clean legal questions — questions it says are all independently controlling, wrongly decided, and subject to reasonable disagreement,” the judge said. “But this is far from the case.”
An appeal in the middle of things fits “only where the quick resolution of a clean question of law could meaningfully speed up the litigation,” Levy said Wednesday.
Starting in April 2014, Flint pulled water from the Flint River for 18 months without treating it to reduce corrosion. The water caused lead to be released from old pipes and into kitchen taps, bathrooms and water heaters.
Friday, September 2, 2022
Court okays grand jury probe in school sex assaults
An attempt by the Loudoun County School Board to shut down a grand jury investigating the school system’s handling of two sexual assaults was rejected Friday by the Supreme Court of Virginia.
The high court upheld a ruling in July by a circuit court judge who denied the school board’s request for an injunction to stop the grand jury from proceeding.
The board argued that a special grand jury empaneled by Attorney General Jason Miyares is politically motivated and violates the mandate in the Virginia constitution giving local school boards authority over educational affairs.
Miyares maintains that the grand jury is needed to uncover why the school system allowed a boy who had been accused of sexually assaulting a girl in one high school to transfer to another high school, where he was convicted of sexually assaulting a second girl. Miyares empaneled the grand jury after Virginia Gov. Glenn Youngkin, on his first day in office, issued an executive order requesting an investigation by the attorney general’s office.
Youngkin and Miyares, both Republicans, had criticized the school board during their successful 2021 campaigns. They said the board was not transparent in how it handled the case as it revised its guidelines over policies governing transgender students. The assaults attracted national attention in part because the boy was wearing a skirt when he committed at least one of the attacks. The boy was later convicted in juvenile court.
Thursday, August 18, 2022
Google workers demand abortion protections, data privacy
Hundreds of Google employees are petitioning the company to extend its abortion healthcare benefits to contract workers and to strengthen privacy protections for Google users searching for abortion information online.
Google parent company Alphabet had pledged to pay travel and other health care costs for employees seeking an out-of-state abortion and to help some workers relocate after the U.S. Supreme Court repealed the constitutional right to an abortion. The June decision overturning 1973′s Roe v. Wade ruling has paved the way for severe abortion restrictions or bans in nearly half of the U.S. states.
The benefits for abortion services offered by Google and other tech companies don’t cover contract workforces, which are common in the tech industry and often get paid less and have fewer perks than full-time employees.
A letter signed by more than 650 employees and sent this week to Google CEO Sundar Pichai and other Alphabet executives calls for the inclusion of contractors in those benefits.
It also demands that the company cease any political donations or lobbying of politicians or organizations “responsible for appointing the Supreme Court justices who overturned Roe v. Wade and continue to infringe on other human rights issues related to voting access and gun control.”
The employees seek additional protection for Google users, such as by blocking advertisements that misleadingly direct users to anti-abortion “pregnancy crisis” centers.
The petition was organized by members of the Alphabet Workers Union, a labor union that’s been trying to gain traction inside the company.
Google declined to comment about the petition Thursday. The company said in July it would start automatically purging information about users who visit abortion clinics or other places that could trigger legal problems. Users have always had the option to edit their location histories on their own, but Google said it will proactively do it for them as an added level of protection.
The employees’ petition said the company should also institute immediate data privacy controls for all health-related activity, including abortion information, so that it “must never be saved, handed over to law enforcement, or treated as a crime.”
Monday, August 8, 2022
Ex-Manchester United star Ryan Giggs starts assault trial
Former Manchester United star Ryan Giggs, adored by fans throughout a 24-year career, has a more sinister side to his character, prosecutors said Monday as he went on trial on charges of assault and use of coercive behavior against an ex-girlfriend.
Prosecutor Peter Wright told the jury at Minshull Street Crown Court in Manchester that while Giggs’ soccer skills were a thing of beauty, his off-field life was very different.
“In the privacy of his own personal life at home or behind closed doors, there was, we say the facts reveal, a much uglier and more sinister side to his character,” Wright told the jury. “This was a private life that involved a litany of abuse, both physical and psychological, of a woman he professed to love.”
The 48-year-old Giggs is accused of assaulting Kate Greville, 36, and causing actual bodily harm at his home in Worsley, greater Manchester in November 2020. He is also charged with common assault of Greville’s younger sister during the same incident, as well as using controlling and coercive behavior toward his former girlfriend between August 2017 and November 2020.
Giggs has denied all of the charges. He stood down as manager of the Wales national team in June, saying he didn’t want to jeopardize preparations for the World Cup later this year in Qatar. He had been on leave since November.
Saturday, July 30, 2022
Massachusetts governor signs bill protecting abortion access
A sweeping abortion bill designed to protect access to the procedure in Massachusetts at a time when many other states are restricting or outlawing abortions was signed into law Friday by Republican Gov. Charlie Baker.
The new law attempts in part to build a firewall around abortion services in the state after a U.S. Supreme Court ruling overturned Roe v. Wade last month.
The law protects abortion providers and people seeking abortions from actions taken by other states, including blocking the governor from extraditing anyone charged in another state unless the acts for which extradition is sought would be punishable by Massachusetts law.
The bill also states that access to reproductive and gender-affirming health care services is a right protected by the Massachusetts Constitution; requires the state’s Medicaid program, known as MassHealth, to cover abortions; allows over-the-counter emergency contraception to be sold in vending machines; and requires public colleges and universities to create medication abortion readiness plans for students.
A unique Texas law banning most abortions after about six weeks is enforceable through lawsuits filed by private citizens against doctors or anyone who helps a woman obtain an abortion.
Friday, July 22, 2022
Kentucky judge extends block of state’s abortion ban
A Kentucky judge granted an injunction on Friday that prevents the state’s near-total ban on abortions from taking effect, meaning the state’s two clinics can continue providing abortions, for now.
Jefferson Circuit Judge Mitch Perry’s ruling says there is “a substantial likelihood” that Kentucky’s new abortion law violates “the rights to privacy and self-determination” protected by Kentucky’s constitution.
The injunction issued in Louisville allows the state’s only two clinics to continue providing abortions while the case is litigated.
Kentucky’s trigger law was meant to ban abortions as soon as the U.S. Supreme Court overturned Roe v. Wade, but Perry issued a restraining order in June blocking the ban. His ruling means that of the 13 states with trigger bans, five are in effect.
Kentucky Attorney General Daniel Cameron, a Republican running for governor, said he was disappointed by the ruling and will appeal it to the state appeals court.
Kentucky’s trigger law contains a narrow exception allowing a physician to perform an abortion if necessary to prevent the death or permanent injury of the pregnant woman. Gov. Andy Beshear, a Democrat, has denounced that law as “extremist,” noting it lacks exceptions for rape and incest.
Thirteen states created trigger bans, and of those, at least five are currently in effect: Arkansas, Mississippi, Missouri, Oklahoma and South Dakota. Five are not due to take effect yet: Idaho, North Dakota, Tennessee, Texas and Wyoming. The remaining three — in Kentucky, Louisiana and Utah — are not in effect because of litigation.
In all, about half the U.S. states are likely to have bans or deep restrictions in place as a result of the Supreme Court ruling.
Tuesday, July 5, 2022
Judge holds hearing on challenge of Mississippi abortion law
A judge held a hearing Tuesday but didn’t say how she would decide a lawsuit filed by Mississippi’s only abortion clinic, which is trying to remain open by blocking a law that would ban most abortions in the state.
The law — which state lawmakers passed before the U.S. Supreme Court overturned the 1973 ruling that allowed abortions nationwide — is set to take effect Thursday.
The Jackson Women’s Health Organization sought a temporary restraining order that would allow it to remain open, at least while the lawsuit remains in court.
The closely watched lawsuit is part of a flurry of activity that has occurred nationwide since the Supreme Court ruled. Conservative states have moved to halt or limit abortions while others have sought to ensure abortion rights, all as some women try to obtain the medical procedure against the changing legal landscape.
Meanwhile a Florida judge on Tuesday temporarily blocked a new 15-week abortion ban days after it took effect in the state, an expected move following an oral ruling last week in which he said the law violated the state constitution.
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