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Ohio Voters approved Abortion Measure is Now up to the Courts

Ohio Voters approved Abortion Measure is Now up to the Courts

(CTN News) – The new constitutional safeguards for reproductive rights and access to abortion in Ohio go into force on December 7, one month after voters overwhelmingly approved them. Nobody knows when or how they will have an effect.

Now that voters have voted, there remain uncertainties concerning implementation because existing litigation against abortion are making their way back through the courts.

The amendment, which protected the autonomy of reproductive decision-making, was ratified by 57% of the voting population.

Supporters of abortion access have now won seven consecutive statewide elections since the Supreme Court decided to eliminate constitutional restrictions.

However, since the amendment that Ohio voters approved on November 7 did not eliminate any current laws, anti-abortion groups have intensified their efforts to persuade Republican elected officials to prolong their attempts to thwart, postpone, or drastically weaken it.

“A lot of that hard work of figuring out what state laws are inconsistent with the amendment and what state laws can remain does tend to devolve to the courts,” commented Laura Hermer, a law professor at Mitchell Hamline School of Law in St. Paul, Minnesota, who studies access to health coverage and care in the US. “It’s hard to believe that the legislature will agree that you’re right. The heartbeat ban will be repealed, among other things.

Republicans hold sway in the state legislature, and their leaders were against Issue 1, the amendment on the November vote. The Ohio Supreme Court, which will ultimately decide cases involving constitutional issues, is likewise dominated by Republicans, with a 4-3 majority.

Several Republican justices have done or said things that have led ethics lawyers and groups advocating for abortion rights to doubt their impartiality on the matter.

Two days after the election, the minority Democrats in Ohio’s House of Representatives introduced legislation to prevent the amendment’s implementation from being done piecemeal.

In addition to other measures, they demanded the removal of the state’s prohibition on abortions following the detection of fetal heart activity, which typically occurs at about six weeks into the pregnancy, along with a 24-hour waiting time.

“There are over 30 different restrictions in place,” stated state Rep. Beth Liston, a physician and co-author of the Reproductive Care Act. “And, frankly, I believe it is critical that we prevent damage from happening in the meanwhile and that we don’t force individuals to go to court for every restriction.”

Allison Russo, leader of the House’s minority, was cautious not to attack the Supreme Court, which has influence over the future of those statutes.

She hoped that they would respect the Constitution and the rule of law.

Last week, Chief Justice Sharon Kennedy had the attorneys for both the state and a coalition of abortion clinics explain to the court how they think the approval of the legislation has impacted a case that has been pending since October 2022 and concerns Ohio’s restriction on most abortions once fetal heart activity is confirmed.

The parties in a protracted federal lawsuit contesting a set of state restrictions imposed on abortion providers’ operations were asked to do the same by U.S. District Judge Michael Barrett the day after voters adopted the amendment.

Among these were a ban on state hospitals forming such arrangements and a mandate that private clinics do the same in order to facilitate the transfer of emergency patients to surrounding hospitals.

The courts have also halted at least three additional abortion laws in Ohio.

Ohio Republican lawmakers have been adamantly opposed to passing legislation to align state law with the new constitutional amendment and have gone to great lengths to thwart its implementation.

Months before their GOP-heavy districts’ primary elections, these lawmakers are under intense pressure from anti-abortion groups to do the exact opposite: either adopt laws that undermine the amendment or use their supermajorities to limit the judges’ ability to interpret it.

In a newly released film, the anti-abortion group Faith2Action claims that the legislature are responsible for reining in out-of-control judges, as stated in the (Ohio) Constitution.

“Therefore, we must urge our elected officials to fulfill their sworn duties, to exercise the authority bestowed upon them by the Constitution, and to prevent pro-abortion judges from using an amendment that fails to cite a single Ohio law to overturn Ohio laws.”

According to the video, the unalienable “right to life” established by the Ohio constitution has been moved to “the people’s elected representatives” since the Supreme Court’s decision to reverse Roe v. Wade.

However, Justice Brett Kavanaugh, who former President Donald Trump appointed, stated in his concurring opinion that constitutional modifications were one of the ways to determine the fate of abortion access in that decision.

The introduction of new rights, both federal and state, statutory and constitutional, is authorized under the Constitution, according to Kavanaugh’s writing.

“However, the Constitution points the way for the people to pursue the numerous forms of democratic self-governance it envisages, including state laws, constitutional amendments at the state level, federal laws, and constitutional amendments at the federal level, in order to establish new rights.”

Republican Jason Stephens, Ohio’s House Speaker, has stated that bills that would limit the authority of state courts will not be considered at this time. The Republican leader of the Senate, Matt Huffman, has stated that, at least until 2024, no one should try to have Issue 1 repealed immediately.

People are also watching Attorney General Dave Yost’s every move.

Yost stated in a pre-election legal study of Issue 1 that the amendment established a new norm for safeguarding abortion access that “goes beyond” the current legal framework established by Roe v. Wade.

A lot of Ohio laws would be nullified and void, and others would be in jeopardy to different degrees, he said.

Yost cannot be bound by such an analysis, according to Hermer, the law professor. However, the remark is helpful for the attorneys battling to have the constitutional change implemented.

She explained that while he is under no obligation to resign, her statement did hint that her statement would make it harder for him to assume such roles in the future.

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Google’s Search Dominance Is Unwinding, But Still Accounting 48% Search Revenue

Google

Google is so closely associated with its key product that its name is a verb that signifies “search.” However, Google’s dominance in that sector is dwindling.

According to eMarketer, Google will lose control of the US search industry for the first time in decades next year.

Google will remain the dominant search player, accounting for 48% of American search advertising revenue. And, remarkably, Google is still increasing its sales in the field, despite being the dominating player in search since the early days of the George W. Bush administration. However, Amazon is growing at a quicker rate.

google

Google’s Search Dominance Is Unwinding

Amazon will hold over a quarter of US search ad dollars next year, rising to 27% by 2026, while Google will fall even more, according to eMarketer.

The Wall Street Journal was first to report on the forecast.

Lest you think you’ll have to switch to Bing or Yahoo, this isn’t the end of Google or anything really near.

Google is the fourth-most valued public firm in the world. Its market worth is $2.1 trillion, trailing just Apple, Microsoft, and the AI chip darling Nvidia. It also maintains its dominance in other industries, such as display advertisements, where it dominates alongside Facebook’s parent firm Meta, and video ads on YouTube.

To put those “other” firms in context, each is worth more than Delta Air Lines’ total market value. So, yeah, Google is not going anywhere.

Nonetheless, Google faces numerous dangers to its operations, particularly from antitrust regulators.

On Monday, a federal judge in San Francisco ruled that Google must open up its Google Play Store to competitors, dealing a significant blow to the firm in its long-running battle with Fortnite creator Epic Games. Google announced that it would appeal the verdict.

In August, a federal judge ruled that Google has an illegal monopoly on search. That verdict could lead to the dissolution of the company’s search operation. Another antitrust lawsuit filed last month accuses Google of abusing its dominance in the online advertising business.

Meanwhile, European regulators have compelled Google to follow tough new standards, which have resulted in multiple $1 billion-plus fines.

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Pixa Bay

Google’s Search Dominance Is Unwinding

On top of that, the marketplace is becoming more difficult on its own.

TikTok, the fastest-growing social network, is expanding into the search market. And Amazon has accomplished something few other digital titans have done to date: it has established a habit.

When you want to buy anything, you usually go to Amazon, not Google. Amazon then buys adverts to push companies’ products to the top of your search results, increasing sales and earning Amazon a greater portion of the revenue. According to eMarketer, it is expected to generate $27.8 billion in search revenue in the United States next year, trailing only Google’s $62.9 billion total.

And then there’s AI, the technology that (supposedly) will change everything.

Why search in stilted language for “kendall jenner why bad bunny breakup” or “police moving violation driver rights no stop sign” when you can just ask OpenAI’s ChatGPT, “What’s going on with Kendall Jenner and Bad Bunny?” in “I need help fighting a moving violation involving a stop sign that wasn’t visible.” Google is working on exactly this technology with its Gemini product, but its success is far from guaranteed, especially with Apple collaborating with OpenAI and other businesses rapidly joining the market.

A Google spokeswoman referred to a blog post from last week in which the company unveiled ads in its AI overviews (the AI-generated text that appears at the top of search results). It’s Google’s way of expressing its ability to profit on a changing marketplace while retaining its business, even as its consumers steadily transition to ask-and-answer AI and away from search.

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Google has long used a single catchphrase to defend itself against opponents who claim it is a monopoly abusing its power: competition is only a click away. Until recently, that seemed comically obtuse. Really? We are going to switch to Bing? Or Duck Duck Go? Give me a break.

But today, it feels more like reality.

Google is in no danger of disappearing. However, every highly dominating company faces some type of reckoning over time. GE, a Dow mainstay for more than a century, was broken up last year and is now a shell of its previous dominance. Sears declared bankruptcy in 2022 and is virtually out of business. US Steel, long the foundation of American manufacturing, is attempting to sell itself to a Japanese corporation.

Could we remember Google in the same way that we remember Yahoo or Ask Jeeves in decades? These next few years could be significant.

SOURCE | CNN

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The Supreme Court Turns Down Biden’s Government Appeal in a Texas Emergency Abortion Matter.

Supreme Court

(VOR News) – A ruling that prohibits emergency abortions that contravene the Supreme Court law in the state of Texas, which has one of the most stringent abortion restrictions in the country, has been upheld by the Supreme Court of the United States. The United States Supreme Court upheld this decision.

The justices did not provide any specifics regarding the underlying reasons for their decision to uphold an order from a lower court that declared hospitals cannot be legally obligated to administer abortions if doing so would violate the law in the state of Texas.

Institutions are not required to perform abortions, as stipulated in the decree. The common populace did not investigate any opposing viewpoints. The decision was made just weeks before a presidential election that brought abortion to the forefront of the political agenda.

This decision follows the 2022 Supreme Court ruling that ended abortion nationwide.

In response to a request from the administration of Vice President Joe Biden to overturn the lower court’s decision, the justices expressed their disapproval.

The government contends that hospitals are obligated to perform abortions in compliance with federal legislation when the health or life of an expectant patient is in an exceedingly precarious condition.

This is the case in regions where the procedure is prohibited. The difficulty hospitals in Texas and other states are experiencing in determining whether or not routine care could be in violation of stringent state laws that prohibit abortion has resulted in an increase in the number of complaints concerning pregnant women who are experiencing medical distress being turned away from emergency rooms.

The administration cited the Supreme Court’s ruling in a case that bore a striking resemblance to the one that was presented to it in Idaho at the beginning of the year. The justices took a limited decision in that case to allow the continuation of emergency abortions without interruption while a lawsuit was still being heard.

In contrast, Texas has been a vocal proponent of the injunction’s continued enforcement. Texas has argued that its circumstances are distinct from those of Idaho, as the state does have an exemption for situations that pose a significant hazard to the health of an expectant patient.

According to the state, the discrepancy is the result of this exemption. The state of Idaho had a provision that safeguarded a woman’s life when the issue was first broached; however, it did not include protection for her health.

Certified medical practitioners are not obligated to wait until a woman’s life is in imminent peril before they are legally permitted to perform an abortion, as determined by the state supreme court.

The state of Texas highlighted this to the Supreme Court.

Nevertheless, medical professionals have criticized the Texas statute as being perilously ambiguous, and a medical board has declined to provide a list of all the disorders that are eligible for an exception. Furthermore, the statute has been criticized for its hazardous ambiguity.

For an extended period, termination of pregnancies has been a standard procedure in medical treatment for individuals who have been experiencing significant issues. It is implemented in this manner to prevent catastrophic outcomes, such as sepsis, organ failure, and other severe scenarios.

Nevertheless, medical professionals and hospitals in Texas and other states with strict abortion laws have noted that it is uncertain whether or not these terminations could be in violation of abortion prohibitions that include the possibility of a prison sentence. This is the case in regions where abortion prohibitions are exceedingly restrictive.

Following the Supreme Court’s decision to overturn Roe v. Wade, which resulted in restrictions on the rights of women to have abortions in several Republican-ruled states, the Texas case was revisited in 2022.

As per the orders that were disclosed by the administration of Vice President Joe Biden, hospitals are still required to provide abortions in cases that are classified as dire emergency.

As stipulated in a piece of health care legislation, the majority of hospitals are obligated to provide medical assistance to patients who are experiencing medical distress. This is in accordance with the law.

The state of Texas maintained that hospitals should not be obligated to provide abortions throughout the litigation, as doing so would violate the state’s constitutional prohibition on abortions. In its January judgment, the 5th United States Circuit Court of Appeals concurred with the state and acknowledged that the administration had exceeded its authority.

SOURCE: AP

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Supreme Court Rejects Appeal From ‘Pharma Bro’ Martin Shkreli, To repay $6.4 Million

shkreli

Washington — The Supreme Court rejected Martin Shkreli’s appeal on Monday, after he was branded “Pharma Bro” for raising the price of a lifesaving prescription.

Martin appealed a decision to repay $64.6 million in profits he and his former company earned after monopolizing the pharmaceutical market and dramatically raising its price. His lawyers claimed the money went to his company rather than him personally.

The justices did not explain their reasoning, as is customary, and there were no notable dissents.

Prosecutors, conversely, claimed that the firm had promised to pay $40 million in a settlement and that because Martin orchestrated the plan, he should be held accountable for returning profits.

shkreli

Supreme Court Rejects Appeal From ‘Pharma Bro’ Martin Shkreli

Martin was also forced to forfeit the Wu-Tang Clan’s unreleased album “Once Upon a Time in Shaolin,” which has been dubbed the world’s rarest musical album. The multiplatinum hip-hop group auctioned off a single copy of the record in 2015, stipulating that it not be used commercially.

Shkreli was convicted of lying to investors and defrauding them of millions of dollars in two unsuccessful hedge funds he managed. Shkreli was the CEO of Turing Pharmaceuticals (later Vyera), which hiked the price of Daraprim from $13.50 to $750 per pill after acquiring exclusive rights to the decades-old medicine in 2015. It cures a rare parasite condition that affects pregnant women, cancer patients, and HIV patients.

shkreli

He defended the choice as an example of capitalism in action, claiming that insurance and other programs ensured that those in need of Daraprim would eventually receive it. However, the move prompted criticism, from the medical community to Congress.

shkreli

Supreme Court Rejects Appeal From ‘Pharma Bro’ Martin Shkreli

Attorney Thomas Huff said the Supreme Court’s Monday ruling was upsetting, but the high court could still overturn a lower court judgment that allowed the $64 million penalty order even though Shkreli had not personally received the money.

“If and when the Supreme Court does so, Mr. Shkreli will have a strong argument for modifying the order accordingly,” he told reporters.

Shkreli was freed from prison in 2022 after serving most of his seven-year sentence.

SOURCE | AP

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