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First over-the-counter birth control pill gets FDA approval
Court Watch | 2023/07/13 09:59
U.S. officials have approved the first over-the-counter birth control pill, which will let American women and girls buy contraceptive medication from the same aisle as aspirin and eyedrops.

The Food and Drug Administration said Thursday it cleared Perrigo’s once-a-day Opill to be sold without a prescription, making it the first such medication to be moved out from behind the pharmacy counter. The company won’t start shipping the pill until early next year, and there will be no age restrictions on sales.

Hormone-based pills have long been the most common form of birth control in the U.S., used by tens of millions of women since the 1960s. Until now, all of them required a prescription.

Medical societies and women’s health groups have pushed for wider access, noting that an estimated 45% of the 6 million annual pregnancies in the U.S. are unintended. Teens and girls, women of color and those with low incomes report greater hurdles in getting prescriptions and picking them up.

Some of the challenges can include paying for a doctor’s visit, getting time off from work and finding child care.

“This is really a transformation in access to contraceptive care,” said Kelly Blanchard, president of Ibis Reproductive Health, a non-profit group that supported the approval. “Hopefully this will help people overcome those barriers that exist now.”

Ireland-based Perrigo did not announce a price. Over-the-counter medicines are generally much cheaper than prescriptions, but they typically aren’t covered by insurance.

Forcing insurers to cover over-the-counter birth control would require a regulatory change by the federal government, which women’s advocates are urging the Biden administration to implement.

Many common medications have made the switch to non-prescription status in recent decades, including drugs for pain, heartburn and allergies. Birth control pills are available without a prescription across much of South America, Asia and Africa.


Judge allows North Carolina’s revised 12-week abortion law to take effect
Court Watch | 2023/07/03 13:03
A federal judge ruled on Friday that nearly all of North Carolina’s revised 12-week abortion law scheduled to begin this weekend can take effect, while temporarily blocking one rule that doctors feared could expose them to criminal penalties.

The decision by U.S. District Judge Catherine Eagles sets aside that rule but allows the law’s remaining provisions to begin on Saturday while litigation continues.

Abortion providers had last week requested a blanket order halting all of the July 1 restrictions pending their court challenge. Planned Parenthood South Atlantic and a physician said several sections in the newly revised law were so vague and seemingly contradictory that doctors could unintentionally break the law, leaving them unable to care for women seeking legal abortions.

But the Republican-controlled General Assembly passed legislation this week revising or repealing nearly all of the challenged provisions, making arguments against most of them moot. Among other things, the lawmakers clarified that medication abortions will be legal in nearly all cases through 12 weeks, and that a lawful abortion remains an exception to North Carolina’s fetal homicide statute.

Eagles, who was nominated by former President Barack Obama, had said in court that it would be overly broad to block enforcement of the entire law. Instead, she directed that for at least the next two weeks, the state cannot enforce a rule saying doctors must document the existence of a pregnancy within the uterus before conducting a medication abortion.

The abortion providers’ lawyers argued that the language raised questions about whether abortion pills can be dispensed when it’s too early in a pregnancy to locate an embryo using an ultrasound — subjecting a provider to potentially violating the law.


Native American tribes say Supreme Court challenge was never just about foster kids
Court Watch | 2023/06/21 14:22
Native American nations say the Supreme Court’s rejection of a challenge to the Indian Child Welfare Act has reaffirmed their power to withstand threats from state governments.

They say the case conservative groups raised on behalf of four Native American children was a stalking horse for legal arguments that could have broadly weakened tribal and federal authority.

“It’s a big win for all of us, a big win for Indian Country. And it definitely strengthens our sovereignty, strengthens our self-determination, it strengthens that we as a nation can make our own decisions,” Navajo Nation President Buu Nygren said Monday.

In fact, the 7-2 ruling released Thursday hardly touched on the children, who were supposed to be placed with Native foster families under the law. The justices said the white families that have sought to adopt them lack standing to claim racial discrimination, in part because their cases are already resolved, save for one Navajo girl whose case is in Texas court.

Instead, the justices focused on rejecting other arguments aimed at giving states more leverage, including sweeping attacks on the constitutional basis for federal Indian Law.

“This was never a case about children,” Erin Dougherty Lynch, senior staff attorney for the Native American Rights Fund, told The Associated Press. “The opposition was essentially trying to weaken tribes by putting their children in the middle, which is a standard tactic for entities that are seeking to destroy tribes.”

Justice Amy Coney Barrett’s majority opinion said these plaintiffs wrongly claimed that “the State gets to call the shots, unhindered by any federal instruction to the contrary.”

Justice Neil Gorsuch spent 38 pages explaining how up to a third of Native children were taken from their families and placed in white homes or in boarding schools to be assimilated. In response, the 1978 law requires states to notify tribes if a child is or could be enrolled in a federally recognized tribe, and established a system favoring Native American families in foster care and adoption proceedings.


Austrian court restarts US extradition proceedings for Ukrainian
Court Watch | 2023/06/12 11:29
An Austrian court said Friday that it has ruled in favor of Ukrainian businessman Dymitro Firtash in a years-long legal saga over a U.S. bid to have him extradited to face corruption charges, sending the extradition case back to square one.

Firtash faces a U.S. indictment accusing him of a conspiracy to pay bribes in India to mine titanium, which is used in jet engines. He denies any wrongdoing.

He was arrested in Austria in 2014 and then freed on 125 million euros ($136 million) bail, kicking off a still-unresolved legal saga. A Vienna court initially ruled against extradition on the grounds that the indictment was politically motivated.

A higher court in February 2017 rejected that reasoning as “insufficiently substantiated” and ruled that Firtash could be extradited. Austria’s Supreme Court of Justice upheld that ruling in 2019.

The country’s justice minister at the time approved the extradition, but a Vienna court judge ruled it could only take place after a decision on a defense call to reopen the case. Firtash backed that June 2019 motion with “numerous documents, including written witness statements,” Vienna’s upper state court said.

In March 2022, a Vienna court ruled against reopening the case. But the upper state court said Friday that it has now ruled in favor of Firtash and decided to allow reopening extradition proceedings, overturning the 2017 ruling. It pointed to new evidence.

Judges in Vienna will now have to consider anew whether Firtash can be sent to the United States.

In June 2019, a Chicago federal judge rejected a motion to dismiss the indictment against Firtash, who has argued that the U.S. has no jurisdiction over crimes in India. However, the judge ruled that it does, because any scheme would have impacted a Chicago-based company.

American aviation company Boeing, based in Chicago, has said it considered business with Firtash but never followed through. It is not accused of any wrongdoing.


Delaware Senate confirms two Supreme Court nominees
Court Watch | 2023/05/04 17:19
The state Senate has confirmed Gov. John Carney’s two nominees for the Delaware Supreme Court, including a lawyer tapped by Carney for the high court after he was arrested for drunken driving.

Carney’s nominations of Abigail LeGrow and N. Christopher Griffiths were confirmed Wednesday with no support from Senate Republicans. Despite Griffiths’ DUI arrest in January, GOP lawmakers were primarily outraged that, for the first time in decades, there will be no resident of Kent County on the state’s highest court.

“The governor of this great state threw us under the bus,” said Sen. Eric Buckson, a Kent County Republican.

Senate Minority Whip Brian Pettyjohn of Georgetown described Carney’s decision to forego nominating a justice from central Delaware as “insulting.”

Last week, members of the Democrat-controlled House unanimously passed a bipartisan bill mandating that the five-member Supreme Court include at least one justice from central Kent County, one from southern Sussex County, and two from northern New Castle County. The state Senate declined to take up the bill before voting on Carney’s nominees. Two Dover-area Democratic senators who cosponsored the bill, Trey Paradee and Kyra Hoffner, voted Wednesday to confirm Carney’s picks.

“Judge LeGrow and Chris have the experience, knowledge, and commitment to public service necessary to serve on the Supreme Court,” Carney said in a statement issued after they were confirmed.

Before the Senate vote, Pettyjohn questioned Griffiths during a Senate Executive Committee hearing about the traffic stop that led to his arrest, but Griffiths offered few details.

“The bottom line is this, I had too much to drink, and I should not have drove,” said Griffiths, who said he complied with the trooper who stopped him.

Griffiths, who will be the first black man to serve on the Supreme Court, also indicated that he feared that the trooper, whom he nevertheless described as “a complete gentleman,” might physically abuse him because of his race.

“I’m a black man driving around in lower Delaware at a mostly white beach, and I want to go home to my family,” Griffiths said. “There’s a lot of things in the national news that are burned in our minds and our hearts, and I wanted that officer to know “we’re on the same team.’”

“I have images in my brain from the biases I bring to that situation of, man, I want to make sure I go home tonight. I want to make sure there’s not a knee in my back but that I go home alive,” Griffiths added.

Griffiths pleaded guilty in March to reckless driving that was alcohol-related, an offense he compared to “a simple traffic ticket.” He was fined and ordered to complete an education course for those charged with driving under the influence.

LeGrow and Griffiths replace Tamika R. Montgomery-Reeves, who now sits on a federal appeals court, and Justice James T. Vaughn Jr., a Kent County resident who retired effective this week.

LeGrow has served as Superior Court judge since February 2016. She previously served as a Master in Chancery on the Delaware Court of Chancery. LeGrow received her law degree from the Pennsylvania State University. Griffiths has been a partner at the Wilmington law firm of Connolly Gallagher, which also employs Democratic state Sen. Kyle Evans Gay. He previously was a wealth manager for Wilmington Trust Company and the Vanguard Group. Griffiths, who received his law degree from Villanova University, is the son of Norman Griffiths, a retired DuPont attorney who served 20 years on the Wilmington City Council.


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