September, 03 2015, 10:30am EDT
Women's Health Care Providers Ask U.S Supreme Court to Take On Texas Clinic Shutdown Law
As few as 10 clinics will remain in Texas if nation’s highest court fails to intervene
WASHINGTON
Today a coalition of women's health care providers represented by the Center for Reproductive Rights took their fight against Texas' clinic shutdown law to the nation's highest court. The group formally requested that the U.S. Supreme Court review a June 2015 decision from the U.S. Court of Appeals for the Fifth Circuit, which upheld a law that would close more than 75 percent of abortion clinics in Texas and cut off access to safe and legal abortions for millions of Texas women.
The Supreme Court has twice before stepped in to block enforcement of the law--once in October 2014 and then again in June 2015. Without Supreme Court intervention, only 10 clinics will remain open in a state that had 41 prior to the law's enactment.
Today's filing asks the Court to formally review the case to permanently block enforcement of two of the most harmful components of HB2. The first provision requires that all abortion providers obtain local hospital admitting privileges, a mandate which has already forced the closure of over half the clinics in the state. The second provision requires every reproductive health care facility offering abortion services to meet the same hospital-like building standards as an ambulatory surgical center (ASC), which can amount to millions of dollars in medically unnecessary facility updates.
Said Nancy Northup, president and CEO of the Center for Reproductive Rights:
"Texas politicians are trying to sneak around the Constitution and more than four decades of Supreme Court precedent with sham laws that do nothing to improve women's health care. This Court has the power to stop the sham.
"Without the Court's intervention, the impact on Texas women will be immediate and devastating, imposing insurmountable burdens on their access to essential reproductive health care statewide.
"The Constitution protects every woman's right to make her own decisions about whether and when to end a pregnancy. We are confident that the Court will take this opportunity to once again protect those rights for the women of Texas."
Said Amy Hagstrom Miller, president and CEO of Whole Woman's Health, lead plaintiff in the case:
"I've said it before and I'll say it again: these restrictions have nothing to do with protecting women and everything to do with closing down clinics and pushing abortion care out of reach.
"When politicians force clinics to close, they exponentially multiply the number of devastating albeit unnecessary hurdles that Texas women must overcome when seeking reproductive health services. Our ability to get safe medical care should not depend on whether we have the resources necessary to navigate a horrific and complex obstacle course dreamt up by anti-choice lawmakers. This is the real world and these laws have real implications on real women's lives. We're hopeful that the Supreme Court will take a stand, hear our case, and remind lawmakers that women's health is not a game."
Since Roe v. Wade was decided in 1973, the U.S. Supreme Court has continually maintained women have a constitutional right to decide whether to end or continue a pregnancy--protected by the 14th Amendment right to liberty, which is central to personal dignity and autonomy.
Further, the Court's 1992 decision in Planned Parenthood v. Casey reaffirmed a woman's constitutional right to abortion and rejected medically unnecessary regulations meant to create substantial obstacles for a woman seeking to end a pregnancy. Justices Kennedy, O'Connor, and Souter made clear that "these matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the 14th Amendment."
Major medical groups oppose the types of restrictions found in Texas' clinic shutdown law. The American Medical Association (AMA) and the American College of Obstetricians and Gynecologists (ACOG) jointly submitted an amicus brief opposing the law to the Fifth Circuit, stating that "H.B. 2 does not serve the health of women in Texas but instead jeopardizes women's health by restricting access to abortion providers." Medical experts confirm that legal abortion care in the U.S. is extremely safe, and that laws like Texas' would do nothing to make it safer.
Clinic shutdown laws have swept the South in recent years, threatening to further devastate abortion access in a region already facing limited availability of reproductive health care services. The last abortion clinic in Mississippi is awaiting a decision on whether the U.S. Supreme Court will review its state's clinic shutdown law when the Court's term starts on October 1 while health care providers in Louisiana are awaiting a federal court ruling which could shutter all but one clinic in the state. Courts have blocked similar measures in Oklahoma, Tennessee, and Alabama.
Case History: Whole Woman's Health v. Cole (formerly Whole Woman's Health v. Lakey)
Following a lawsuit brought by the Center for Reproductive rights on behalf of Whole Woman's Health and several other Texas health care providers in April 2014, a federal district court blocked two of the most harmful restriction of Texas' House Bill 2 (HB2) in late August 2014: the ambulatory surgical center requirement and the admitting-privileges requirement.
The U.S. Court of Appeals for the Fifth Circuit stayed that decision in large part on October 2, 2014, allowing the requirements to immediately take effect. Because forcing hospital-style surgery center building and staffing requirements on every clinic would amount to a multi-million dollar tax on abortion services, all but 7 reproductive health care facilities in the state were prevented from offering safe and legal abortion services for 12 days. On October 14, 2014, the U.S. Supreme Court reinstated the injunction in large part, allowing the previously closed clinics to reopen their doors while the state's appeal moved forward.
On June 9, 2015, the Fifth Circuit's final decision in the appeal once again upheld the state restrictions in substantial part, this time threatening to shutter all but 10 abortion providers in the state. Once again, the U.S. Supreme Court stepped in to block the Fifth Circuit's decision and allow the clinics to remain open while the legal challenge continued. The Center for Reproductive Rights has now asked the nation's highest court to formally review the Texas law. The Court is likely to decide whether it will hear the case sometime before the end of 2015.
The clinics and physicians in this challenge are represented by Stephanie Toti, David Brown, Julie Rikelman and Janet Crepps of the Center for Reproductive Rights, J. Alexander Lawrence of the law firm Morrison & Foerster, and Austin attorneys Jan Soifer and Patrick O'Connell of the law firm O'Connell & Soifer.
The Center for Reproductive Rights is a global human rights organization of lawyers and advocates who ensure reproductive rights are protected in law as fundamental human rights for the dignity, equality, health, and well-being of every person.
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Climate Crisis to Cost Global Economy $38 Trillion a Year by 2050
"This clearly shows that protecting our climate is much cheaper than not doing so, and that is without even considering noneconomic impacts such as loss of life or biodiversity," a new study's lead author said.
Apr 18, 2024
The climate crisis will shrink the average global income 19% in the next 26 years compared to what it would have been without global heating caused primarily by the burning of fossil fuels, a study published in Nature Wednesday has found.
The researchers, from the Potsdam Institute for Climate Impact Research (PIK), said that economic shrinkage was largely locked in by mid-century by existing climate change, but that actions taken to reduce emissions now could determine whether income losses hold steady at around 20% or triple through the second half of the century.
"These near-term damages are a result of our past emissions," study lead author and PIK scientist Leonie Wenz said in a statement. "We will need more adaptation efforts if we want to avoid at least some of them. And we have to cut down our emissions drastically and immediately—if not, economic losses will become even bigger in the second half of the century, amounting to up to 60% on global average by 2100."
"I am used to my work not having a nice societal outcome, but I was surprised by how big the damages were."
Put in dollar terms, the climate crisis will take a yearly $38 trillion chunk out of the global economy in damages by 2050, the study authors found.
"That seems like… a lot," writer and climate advocate Bill McKibben wrote in response to the findings. "The entire world economy at the moment is about $100 trillion a year; the federal budget is about $6 trillion a year."
This means that the costs of inaction have already exceeded the costs of limiting global heating to 2°C by six times, the study authors said. However, limiting warming to 2°C can still significantly reduce economic losses through 2100.
"This clearly shows that protecting our climate is much cheaper than not doing so, and that is without even considering noneconomic impacts such as loss of life or biodiversity," Wenz said.
The damages predicted by the study were more than twice those of similar analyses because the researchers looked beyond national temperature data to also incorporate the impacts of extreme weather and rainfall on more than 1,600 subnational regions over a 40-year period, The Guardian explained.
"Strong income reductions are projected for the majority of regions, including North America and Europe, with South Asia and Africa being most strongly affected," PIK scientist and first author Maximilian Kotz said in a statement. "These are caused by the impact of climate change on various aspects that are relevant for economic growth such as agricultural yields, labor productivity, or infrastructure."
However, Wenz told the paper that the paper's projected reduction was likely a "lower bound" because the study still doesn't include climate impacts such as heatwaves, tropical storms, sea-level rise, and harms to human health.
Unlike previous studies, the research predicted economic losses for most wealthier countries in the Global North, with the U.S. and German economies shrinking by 11% by mid-century, France's by 13%, and the U.K.'s by 7%. However, the countries set to suffer the most are countries closer to the equator that have lower incomes already and have historically done much less to contribute to the climate crisis. Iraq, for example, could see incomes drop by 30%, Botswana 25%, and Brazil 21%.
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Wenz told The Guardian that the results were "devastating."
"I am used to my work not having a nice societal outcome, but I was surprised by how big the damages were. The inequality dimension was really shocking," Wenz said.
Levermann said the paper presented society with a clear choice:
It is on us to decide: Structural change towards a renewable energy system is needed for our security and will save us money. Staying on the path we are currently on, will lead to catastrophic consequences. The temperature of the planet can only be stabilized if we stop burning oil, gas, and coal.
McKibben, meanwhile, argued that the findings should persuade major companies to embrace climate action for self-interested reasons. He noted that most corporate emissions come from how company money is invested by banks, particularly in the continued exploitation of fossil fuel resources.
"If Amazon and Apple and Microsoft wanted to avoid a world where, by century's end, people had 60% less money to spend on buying whatever phones and software and weird junk (doubtless weirder by then) they plan on selling, then they should be putting pressure on their banks to stop making the problem worse. They should also be unleashing their lobbying teams to demand climate action from Congress," McKibben wrote.
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The Congressional Progressive Caucus on Thursday published a "comprehensive domestic policy legislative agenda" for U.S. President Joe Biden's possible second White House term that seeks to "deliver equality, justice, and economic security for working people."
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"Progressives are proud to have been part of the most significant Democratic legislative accomplishments of this century. We have made real progress for everyday Americans—but there's much more work to be done," Congressional Progressive Caucus Chair Pramila Jayapal (D-Wash.) said in a statement.
"That's why the Progressive Caucus has identified these popular, populist, and possible solutions," she added. "Democrats in Congress can meet the urgent needs people are facing; rewrite the rules to ensure majorities of this country are no longer barred from the American promise of equality, justice, and economic opportunity; and motivate people with a vision of progressive governance under Democratic majorities in the House and Senate and a Democratic White House."
Progressive lawmakers have already introduced bills for many items on the agenda, including a Green New Deal for Public Schools, expanding the Supreme Court, comprehensive voting rights protection, and legalizing marijuana.
Critics noted the conspicuous absence of Medicare for All—once a top progressive agenda item—and foreign policy issues including ending Israel's genocide, apartheid, occupation, settler colonization, and ethnic cleansing in Palestine.
Jayapal toldNBC News that the CPC is focusing its blueprint exclusively on domestic goals—especially ones it feels can be achieved.
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The CPC agenda is backed by a wide range of labor, climate, environmental, civil rights, consumer, faith-based, and other organizations.
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Mary Small, chief strategy officer at Indivisible, said: "House progressives were the engine at the heart of our legislative accomplishments in 2021 and 2022. They've continued that momentum to be true governing partners to the Biden administration as those laws and programs are implemented."
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That moment is far from guaranteed, with not only the White House hanging in the balance as Biden will all but certainly face former Republican President Donald Trump in November's election but also the Senate Democratic Caucus clinging to a single-seat advantage over the GOP. Republicans currently hold the House of Representatives by a five-seat margin.
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"These mass, illegal firings will not stop us," said organizers. "Make no mistake, we will continue organizing until the company drops Project Nimbus and stops powering this genocide."
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The peace coalition No Tech for Apartheid accused Google of a "flagrant act of retaliation" late Wednesday night as the Silicon Valley giant announced it had fired 28 workers over protests against its cloud services contract with the Israeli government.
The firings came after Google organizers held two 10-hour sit-ins at the company's offices in Sunnyvale, California and New York City, demanding the termination of Project Nimbus, a $1.2 billion contract under which Google and Amazon provide cloud infrastructure and data services for Israel—without any oversight regarding whether the Israel Defense Forces uses the services in its occupation of Palestinian territories and bombardment of Gaza.
Workers have denounced Project Nimbus since it was announced in 2021, but Israel's killing of at least 33,970 Palestinians in Gaza since October and its intentional starvation of civilians led employees to escalate their protests.
No Tech for Apartheid said in a statement that Google officials called the police to both offices to arrest nine protesters—dubbed the Nimbus Nine—on Tuesday morning, before utilizing "a dragnet of in-office surveillance" to fire nearly two dozen other employees on Wednesday.
"They punished all of the workers they could associate with this action in wholesale firings," said the coalition, which includes Jewish Voice for Peace and MPower Change, a Muslim-led anti-war group.
Google accused the workers of "bullying," "harassment," defacing property, and physically impeding other employees—allegations No Tech for Apartheid rejected as it noted organizers "have yet to hear from a single executive about" their concerns over Google's collaboration with Israel.
"This excuse to avoid confronting us and our concerns directly, and attempt to justify its illegal, retaliatory firings, is a lie," said the workers. "Even the workers who were participating in a peaceful sit-in and refusing to leave did not damage property or threaten other workers. Instead they received an overwhelmingly positive response and shows of support."
The organizers staged the sit-ins on the heels of reporting in Time magazine about new negotiations between Google and the Israeli government regarding further potential tech contracts.
Kate J. Sim, a child safety policy adviser at Google who said she was among those fired this week, said the terminations show "how terrified [executives] are of worker power."
Google employees have a history of harnessing worker power to change policies at the company. In 2018, Google terminated a deal with the U.S. Defense Department to develop drone and artificial intelligence (AI) technology through a contract called Project Maven. The decision followed the resignations of several employees and the condemnation of thousands of workers.
Calling Google CEO Sundar Pichai and Google Cloud CEO Thomas Kurian "genocide profiteers," No Tech for Apartheid said Wednesday that they will not stop demonstrating against Project Nimbus until they get a similar result.
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"These mass, illegal firings will not stop us," No Tech for Apartheid added. "On the contrary, they only serve as further fuel for the growth of this movement. Make no mistake, we will continue organizing until the company drops Project Nimbus and stops powering this genocide."
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