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Iowa court allows remote dispensing of abortion pill
Court Watch | 2015/06/20 21:47
The Iowa Supreme Court has struck down a restriction that would have prevented doctors from administering abortion-inducing pills remotely via video teleconferencing, saying it would have placed an undue burden on a woman's right to get an abortion.

Iowa is one of only two states that offers so-called telemedicine abortions — Minnesota offers them on a smaller scale — and doctors at Iowa's urban clinics that perform abortions had been allowed to continue offering the remotely-administered abortions while the ruling was pending.

Planned Parenthood's local affiliate, Planned Parenthood of the Heartland, had sued the Iowa Board of Medicine over its 2013 decision that would have required a doctor to be in the room with a patient when dispensing abortion-inducing medication.

The board cited safety concerns when it passed the rule requiring a physical examination, but Planned Parenthood and other critics said it was just another attempt by abortion rights opponents to make it harder for women to get abortions. They said the Iowa board's restriction particularly would have made it harder for women in more rural areas who don't live near the few urban clinics where doctors who perform abortions are based.



US appeals court upholds key parts of Texas abortion law
Court Watch | 2015/06/15 00:22
A federal appeals court upheld key parts of Texas's strict anti-abortion law on Tuesday, a decision that could leave as few as seven abortion clinics in the nation's second largest state.

The decision by the 5th U.S. Circuit Court of Appeals upholds requirements that abortion clinics meet hospital-level operating standards, which owners of small clinics say demand millions of dollars in upgrades they can't afford and will leave many women hundreds of miles away from an abortion provider. But the court said abortion clinics failed to prove that the restrictions would unduly burden a "large fraction" of women.

Republican Gov. Greg Abbott and other conservatives say the standards protect women's health. But abortion-rights supports say the law is a thinly veiled attempt to block access to abortions in Texas, and they promised to appeal to the U.S. Supreme Court, which temporarily sidelined the law last year.

"Not since before Roe v. Wade has a law or court decision had the potential to devastate access to reproductive health care on such a sweeping scale," said Nancy Northrop, president and CEO of the Center for Reproductive Rights.

Texas will be able to start enforcing the restrictions in about three weeks unless the Supreme Court steps in and temporarily halts the decision, said Stephanie Toti, an attorney for the center. Only seven abortion facilities in Texas, including four operated by Planned Parenthood, meet the more robust requirements.

The ruling, made by a three-judge panel, is the 5th Circuit's latest decision in a lawsuit challenging some of the toughest abortion restrictions in the country.



Court allows hotly disputed discount contact lens price law
Court Watch | 2015/06/14 00:22
A federal appeals court ruling has cleared the way for discount contact lens retailers to drop prices while a legal battle is waged between the state of Utah and manufacturers who want to impose minimum prices on their products.
 
The decision handed down from the 10th Circuit Court of Appeals in Denver on Friday comes after three of the nation's largest contact lens manufacturers sued to halt a hotly contested law.

Supporters, including Utah-based discount seller 1-800 Contacts, say the newly enacted legislation bans price fixing for contact lenses. But opponents, including Alcon Laboratories, Johnson & Johnson and Bausch & Lomb, say it's a brazen overreach that allows discount sellers to violate interstate commerce regulations and skirt industry price standards.

Utah's attorney general has said the companies are wrongly driving up prices, and the law is a legitimate antitrust measure designed to enhance competition and help customers. Attorney General Sean Reyes' office didn't have a comment on the decision Friday.

The ruling allows the law to go into effect while a legal battle over the measure works its way through the courts. The appeals court did agree to fast-track the case and new briefs are due in the case later this month.

Donna Lorenson, a spokeswoman for Alcon, says the company is "extremely disappointed" and maintains the law violates interstate commerce rules.



Another Arizona immigration law dismantled by the courts
Court Watch | 2015/06/05 07:17
The U.S. Supreme Court landed the final blow against an Arizona law that denied bail to immigrants who are in the country illegally and are charged with certain felonies, marking the latest in a series of state immigration policies that have since been thrown out by the courts.

The nation's highest court on Monday rejected a bid from metro Phoenix's top prosecutor and sheriff to reinstate the 2006 law after a lower appeals court concluded late last year that it violated civil rights by imposing punishment before trial.

While a small number of Arizona's immigration laws have been upheld, the courts have slowly dismantled most of the other statutes that sought to draw local police into immigration enforcement.

"At this point, we can say that was a failed experiment," said Cecillia Wang, an attorney for the American Civil Liberties Union who led the challenge of the law. "Like the rest of the country, Arizona should move on from that failed experiment."

Voters overwhelmingly approved the no-bail law as the state's politicians were feeling pressure to take action on illegal immigration. It automatically denied bail to immigrants charged with a range of felonies that included shoplifting, aggravated identity theft, sexual assault and murder.



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