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US Supreme Court Clears Path for Alabama’s Controversial Execution by Nitrogen Gas

(CTN News) – The US Supreme Court rejected a bid on Wednesday to prevent Alabama from carrying out the country’s first execution using nitrogen gas on convicted murderer Kenneth Smith, who survived a botched lethal injection in 2022, prompting a review of Alabama’s death penalty procedures.
The judges refused Smith’s appeal to postpone his execution, which was set for Thursday. They also refused to consider his legal challenge, arguing that a second execution attempt by Alabama, after the first unsuccessful attempt caused him serious trauma, would violate the US Constitution’s Eighth Amendment safeguards against cruel and unusual punishment.
The Supreme Court‘s decision removes one of the last remaining obstacles to one of the most cruel planned executions in recent years. Alabama will have a 30-hour window to execute Smith beginning Thursday unless another court or state officials intervene at the last minute.
The nation’s highest court did not explain its ruling. In recent years, with a six-to-three far-right supermajority established by Donald Trump’s three nominations, the court has been increasingly reluctant to intervene to halt pending executions.
As their final hours approach, many death row convicts have lost their last hope.
Smith told the Guardian in a phone conversation this week from his cell at the Holman Correctional Facility, where the execution is scheduled, that he was not prepared to return to the death chamber.
The state tried to execute him once before, in November 2022, when he was strapped to a gurney for four hours in an unsuccessful effort to inject him with fatal chemicals.
“They haven’t given me a chance to heal,” said Smith, who was diagnosed with PTSD following the failed attempt. “I’m still hurting from the first execution, and we’re doing it again. They won’t even let me have post-traumatic stress disorder; you know, this is chronic stress condition.”
The Department of Corrections now proposes using a procedure that has never been tested in the United States. Smith, 58, is forced to breathe pure nitrogen through a gas mask in a procedure known as “nitrogen hypoxia” to create deadly oxygen deprivation.
Veterinarians in the United States and Europe have ruled out nitrogen as a euthanasia strategy for most animals other than pigs. Laboratory studies have revealed that it can cause suffering in many species, and most experts advise against it for ethical reasons.
The plan to employ nitrogen for the first time has sparked significant resistance in the United States and abroad. Hundreds of Jewish religious and community leaders from across the United States have written to Alabama’s Republican governor, Kay Ivey, urging that the execution be halted.
“Just the idea of using gas for executions is an affront to our community,” said Mike Zoosman, co-founder of L’chaim! Jews Against the Death Penalty, which organised the letter.
He went on to say, “The Nazi legacy of experimentation to find the most expeditious way to rid our community of undesirable prisoners is … a history that should not be repeated in Alabama, or anywhere.”
United Nations specialists have also jumped into the mix, accusing Alabama of planning a human experiment on Smith that would violate international law.
There has also been criticism of Alabama’s clandestine approach to preparing for Smith’s legal execution. The state’s procedure for employing nitrogen as an execution method is tightly redacted, making it difficult for the public to see what will happen in the death chamber.
“Alabama is once again attempting to hide the reality of what happens in the execution chamber,” said Maya Foa, joint executive director of the international human rights organisation Reprieve.
“Witnesses will not be able to tell how much Kenneth Smith is suffering as the nitrogen kills him – like the lethal injection protocol before it, the nitrogen protocol is specifically designed to hide pain.”
Smith was sentenced to death for the 1988 murder of Elizabeth Sennett. Prosecutors claimed that her husband, pastor Charles Sennett, paid Smith and another man $1,000 apiece via an intermediary to carry out the killing.
When accusations were raised about the preacher, he committed suicide. According to authorities, he took out a life insurance policy on his wife after falling deeply into debt.
The jury in Smith’s trial first decided to sentence him to life in prison. However, the judge overruled them, condemning him to death row and his current position in the death chamber.

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

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

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

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.
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.
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.
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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