December, 13 2016, 07:45am EDT
ACLU Challenges Florida Law Requiring State Registration for People Consulted by a Woman Contemplating Abortion
Criminal law targets those advising women who seek abortion care by requiring them to give the woman information mandated by the state and, as of January 1, requiring them to register with the state.
WASHINGTON
Attorneys from the American Civil Liberties Union (ACLU) and Willkie, Farr & Gallagher, representing three ministers, three rabbis, the Women's Emergency Network (WEN), Emergency Medical Assistance, Inc. (EMA), Palm Beach County Capter of the National Organization for Women, and The Miami Workers Center have filed a lawsuit challenging a Florida law that requires people and organizations that advise a Floridawoman seeking an abortion to give her state-mandated information, to notify her parents if she is a minor, and to register with the state's health care administration agency.
The registration requirement, passed in the 2016 legislative session and signed by Florida Governor Rick Scott, was part of a larger package (H.B. 1411) that sought to block abortion care in Florida. A federal court has already struck down other provisions of H.B. 1411.
"A woman considering an abortion may consult with any number of people in making her decision," said Nancy Abudu, legal director of the ACLU of Florida. "This ill-conceived law criminalizes the intimate conversations a woman has with her support network. The law not only forces people to provide information they may not be qualified to provide, it clearly intends to bully and intimidate women's trusted advisors with a vague and complicated bureaucratic process, under the threat of criminal charges."
Cooperating attorney James K. Greene stated, "The state cannot tell citizens what they can and cannot say, or require that they register with the state before they can speak, especially about something as personal and private as reproductive choice."
The law makes no distinction among the innumerable types of people and groups a woman might consult as she considers seeking, or seeks, an abortion: charitable organizations, attorneys, clergy, women's advocacy organizations, domestic violence shelters, sexual assault survivor centers, and community organizations among many others. Any of those persons or groups will be required to register with the Florida Agency for Health Care Administration (AHCA) as an "abortion referral or counseling agency," and must provide mandated - yet undefined - information, including medical information, with criminal penalties for failure to comply.
The lawsuit filed late yesterday in the U.S. District Court for the Northern District of Florida states that the law violates the First Amendment to the U.S. Constitution by compelling speech, putting content- and viewpoint-based restrictions on speech, and limiting speech about abortion care only to those who have already registered with the ACHA.
"This law is classic viewpoint discrimination: it restricts speakers only when they assist a woman seeking abortion care; it imposes no restrictions when speakers, including the plaintiffs in this case, assist a woman in carrying to term," said Talcott Camp, deputy director of the ACLU Reproductive Freedom Project. "By targeting people and organizations that provide compassionate counseling, advice and referrals, this law can only serve to isolate a woman seeking help. This isolation is particularly threatening for minors, who, under this law, cannot seek advice or help from their pastors or from service organization without triggering a parental notification requirement with no exceptions, even for minors who are victims of abuse."
The plaintiffs in the case represent a cross-section of the kinds of individuals and organizations impacted by the provisions, including the registration requirement, which goes into effect on January 1. Not only are the plaintiffs worried about the free speech restrictions posed by the law, they are also worried that the vague terms by which they will have to register as an "abortion referral or counseling agency" could make them targets for harassment and threats of violence.
The lawsuit names AHCA Interim Secretary Justin Senior and Florida Attorney General Pam Bondi as defendants in their official capacities. Plaintiffs will also file a motion seeking a preliminary injunction or temporary restraining order barring the state from enforcing the law.
The plaintiffs are represented by: Wesley Powell and Mary Eaton of Willkie, Farr & Gallagher, New York, New York; James K. Green of James K. Green, P.A, West Palm Beach, Florida; Nancy Abudu of the ACLU of Florida; and Talcott Camp and Andrew Beck of the ACLU.
A copy of the complaint is available here: https://aclufl.org/resources/fulwilder-er-al-v-senior-complaint/
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
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State Department Spokesman Urged to Resign Over 'Despicable' Attack on UN Expert
One critic described Matthew Miller's attack on United Nations special rapporteur Francesca Albanese as a "Trumpian smearing of a principled human rights expert."
Mar 28, 2024
U.S. State Department Matthew Miller faced calls to resign Thursday after he accused a United Nations special rapporteur of engaging in antisemitism—an attack that came days after the human rights expert presented a report concluding that Israel's assault on Gaza has met the threshold of genocide.
Asked about the report during a press briefing on Wednesday, Miller said the U.S. has "for a longstanding period of time opposed the mandate of this special rapporteur, which we believe is not productive."
"And when it comes to the individual who holds that position, I can't help but note a history of antisemitic comments that she has made that have been reported," Miller added, pointing to comments that Francesca Albanese—the U.N. special rapporteur on the human rights situation in the occupied Palestinian territories—"made in December that appeared to justify the attacks of October 7."
A new low by the Biden team.
In response to UN Special Rapporteur @FranceskAlbs new report - Anatomy of a Genocide - concluding that the threshold of genocide has reasonably been met, the State Dep chooses to attack her persona and accuse her of antisemitism :( :( pic.twitter.com/iNpVT3BWQy
— Trita Parsi (@tparsi) March 27, 2024
It's not entirely clear which comments Miller was referencing.
In an interview with Jewish News Syndicate in December, Albanese was asked whether Palestinian militants' killing of Israeli soldiers on October 7 was a violation of international law. Albanese, an Italian attorney and academic, said that "killing a soldier is a tragedy under international law, but when there is an armed conflict, like in this case, killing a soldier is not illegal."
But Albanese stressed in the interview that the Hamas-led attacks on Israeli civilians—including the taking of hostages—were "not legitimate resistance."
"These are crimes and cannot be justified," she added.
Miller's attack on Albanese Wednesday—which echoed earlier attacks on the special rapporteur by U.S. officials and lawmakers—sparked immediate backlash and calls for his resignation.
"Matthew Miller should be forced to resign for trying to endanger the life of a U.N. official with falsehoods," Ashish Prashar, a spokesperson for Gaza Voices, said in a statement. Albanese said earlier this week that she has faced threats following the publication of her report accusing Israel of committing genocide in the Gaza Strip.
Rohan Talbot, director of advocacy and campaigns at Medical Aid for Palestinians, called the State Department spokesman's remarks a "truly despicable, Trumpian smearing of a principled human rights expert."
"Note the lack of substantive rebuttals of her careful analysis, and the resort to ad hominem attacks," Talbot wrote on social media. "Not the sign of a confident administration."
"Israel has a long history of weaponizing false charges of antisemitism to attack and undermine those fighting for human rights for Palestinians."
The Israeli government has similarly attempted to cast Albanese as an antisemite, drawing pushback from human rights organizations and academics who say the claim is a baseless attempt to discredit her work.
"Israel has a long history of weaponizing false charges of antisemitism to attack and undermine those fighting for human rights for Palestinians—and U.N. officials and experts have been among the most consistent victims of those attacks," Phyllis Bennis, director of the New Internationalism Project at the Institute for Policy Studies, told Common Dreams.
"Almost 15 years ago Richard Falk," Bennis added, "an internationally respected Princeton professor of international law who had just been appointed special rapporteur, was not only denied access to the occupied Palestinian territory to carry out the terms of his U.N. mandate, but was also arrested and jailed by Israeli authorities."
"Since then every special rapporteur has been similarly excluded, their mandate and their work undermined, and their commitment to international law and human rights attacked as antisemitic," she said. "Francesca Albanese has been among the bravest of these SRs, maintaining her commitment to calling out all violations of international law relevant to her mandate—including when Israel has violated international covenants against apartheid and now, against genocide."
Albanese's 25-page report, which she delivered to the U.N. Human Rights Council on Tuesday, argues that "the overwhelming nature and scale of Israel's assault on Gaza and the destructive conditions of life it has inflicted reveal an intent to physically destroy Palestinians as a group."
"There are reasonable grounds to believe that the threshold indicating the commission of the following acts of genocide against Palestinians in Gaza has been met: killing members of the group; causing serious bodily or mental harm to groups' members; and deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part," the report states. "Genocidal acts were approved and given effect following statements of genocidal intent issued by senior military and government officials."
Amnesty International praised the report as "a crucial body of work that must serve as a vital call to action."
The Biden State Department has publicly rejected genocide accusations against Israel as "meritless" and said it has not found Israel's military to be in violation of international law during its monthslong war on Gaza—an assessment that conflicts with the findings of leading human rights organizations and U.N. experts.
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'Horrifying' Footage Shows IDF Killing Two Gazans, Burying Their Bodies With a Bulldozer
"When the Israeli army can do these things and get away with it, it can only then do more of it knowing that it will not meet any punishment," said one analyst.
Mar 28, 2024
Video footage broadcast Wednesday by Al Jazeera shows Israeli soldiers gunning down two Palestinians on the coast of northern Gaza, even as one of them waves what appears to be a piece of white fabric.
The footage shows one of the men walking in the direction of an Israeli military vehicle with both hands raised. Despite the absence of any clear evidence that the man posed a threat, Israeli forces shot him from a short distance away. Another man is seen on the ground not far behind.
Al Jazeera's Tareq Abu Azzoum said the killings took place near where World Central Kitchen recently dropped off food aid.
The video then shows Israeli soldiers burying the bodies with a bulldozer.
"Probably certain words should be invented for this sort of thing," Marwan Bishara, AI Jazeera's chief political analyst, said in response to the footage. "I am not sure we have the sufficient vocabulary to describe this sort of twilight zone of Israel's fantasy of being the world's most moral army."
"It's a fantasy that meets the reality of a genocide," Bishara added. "An attempt to kill or destroy much of Palestine and Palestinians and hide the evidence and lie about it. When the Israeli army can do these things and get away with it, it can only then do more of it knowing that it will not meet any punishment."
Watch:
مشاهد حصرية للجزيرة لإعدام جنود إسرائيليين مدنيين فلسطينيين أثناء محاولتهم العودة لشمال قطاع غزة#الأخبار #حرب_غزة pic.twitter.com/QER98mv2n6
— قناة الجزيرة (@AJArabic) March 27, 2024
Richard Falk, former United Nations special rapporteur on the human rights situation in the occupied Palestinian territories, toldAl Jazeera that the footage provides "vivid confirmation of continuing Israeli atrocities" and spotlights the "unambiguous character of Israeli atrocities that are being carried out on a daily basis."
"The eyes and ears of the world have been assaulted in real-time by this form of genocidal behavior," said Falk. "It is a shocking reality that there has been no adverse reaction from the liberal democracies in the West. It is a shameful moment."
The Euro-Mediterranean Human Rights Monitor, whose board Falk chairs, has documented numerous examples of Israeli soldiers conducting close-range field executions in Gaza since October 7, when Israel launched its latest assault following a Hamas-led attack.
In less than six months, Israeli forces have killed more than 32,500 people in Gaza and sparked one of the worst humanitarian catastrophes in modern history.
The video footage emerged just days after the United Nations Security Council approved a resolution demanding an immediate cease-fire in Gaza. The U.S., Israel's leading arms supplier, abstained from the vote and falsely claimed the measure was "nonbinding."
The Israeli government, for its part, immediately signaled that it would disregard the resolution, just as it has ignored orders from the International Court of Justice.
Sophie McNeill, a human rights campaigner, called the footage released Wednesday "horrifying" and demanded that the International Criminal Court "urgently prioritize investigating and charging all those carrying out war crimes in Gaza."
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"Joe Lieberman's legacy will live on as your medical debt."
Mar 27, 2024
While current and former officials across the U.S. political spectrum shared praise for and fond memories of former Sen. Joe Lieberman in response to news of his death on Wednesday, critics highlighted how some of his key positions led to the deaths of many others.
Lieberman's family said the 82-year-old died at NewYork-Presbyterian Hospital after a fall at his home in the Bronx. He served in the Connecticut Senate, as the state's attorney general, and in the U.S. Senate—initially as a Democrat and eventually as an Independent. He was also Democratic former Vice President Al Gore's running mate in the 2000 presidential election.
"Up until the very end, Joe Lieberman enjoyed the high-quality, government-financed healthcare that he worked diligently to deny the rest of us. That's his legacy," said Melanie D'Arrigo, executive director of the Campaign for New York Health, which advocates for universal, single-payer healthcare.
As Warren Gunnels, majority staff director for Senate Health, Education, Labor, and Pensions Committee Chair Bernie Sanders (I-Vt.),
explained, "Joe Lieberman led the effort to ensure the Affordable Care Act did not include a public option or a reduction in the Medicare eligibility age to 55."
Noting that Lieberman also lied about the presence of weapons of mass destruction (WMDs) in Iraq—which was used to justify the 2003 U.S. invasion—Gunnels asked, "How many people unnecessarily died as a result?"
He was far from alone in highlighting the two defining positions.
The Lever's David Sirota declared, "RIP Joe Lieberman, Iraq War cheerleader who led the fight to make sure Medicare was not extended to millions of Americans who desperately needed the kind of healthcare coverage he enjoyed in the Senate."
The Debt Collective said on social media that "Joe Lieberman killed so many people when he killed the public option. Not to mention all the people he killed by cheerleading every war and every lie that led to war. A truly horrible person with a shameful legacy."
Journalist Jon Schwarz pointed out that Lieberman continued to lie about the WMDs long after the claims were debunked.
FormerMSNBC host Mehdi Hasan noted that Lieberman declined an opportunity to apologize for the disastrous war, sharing a clip from his on-camera interview with the ex-senator in 2021.
And please don\u2019t give me this \u2018don\u2019t speak ill of the dead\u2019 stuff - 1) I\u2019m not speaking ill, I\u2019m stating facts, and 2) public figures are public figures, and their obits reflect their legacies and so we should be honest in our accounts of their legacies. Not offensive but honest— (@)
"We lost a giant today. I often disagreed with Joe Lieberman but he was always honorable in the way he called for American troops to murder people abroad so he could get his jollies," said Matt Stoller of the American Economic Liberties Project in a series of sarcastic social media posts.
"Joe Lieberman balanced his love of other people fighting in immoral wars with a commitment to preventing Americans from getting healthcare," Stoller added. "Even after his Senate career, he showed his strong democratic values by lobbying for Chinese telecom firms. We will miss this man."
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