South Carolina’s new all-male Supreme Court reversed course on abortion on Wednesday, upholding a ban on most such procedures after about six weeks of pregnancy.
The 4-1 ruling departs from the court’s own decision earlier this year to strike down a similar law.
The continued erosion of legal abortion access across the U.S. South comes after Republican state lawmakers replaced the lone female on the court, Justice Kaye Hearn.
Writing for the new majority, Justice John Kittredge acknowledged that the 2023 law infringes on “a woman’s right of privacy and bodily autonomy,” but said the state legislature reasonably determined this time around that those interests don’t outweigh “the interest of the unborn child to live.”
“As a Court, unless we can say that the balance struck by the legislature was unreasonable as a matter of law, we must uphold the Act,” Kittredge wrote.
It was Hearn who wrote the majority’s lead opinion in January striking down the ban. The court ruled then that the law violated the state constitution’s right to privacy.
Hearn then reached the court’s mandatory retirement age, enabling the Republican-dominated legislature to put Gary Hill on what is now the nation’s only state Supreme Court with an entirely male bench.
With a newly configured Supreme Court, Republican lawmakers enacted a new abortion law in 2023 that they thought would pass muster a second time around. Specifically, the law was crafted to address Justice John Few’s concern, expressed in the January ruling, that lawmakers failed to take into account whether the abortion restrictions were reasonable enough to infringe upon privacy rights in favor of the right to life.
Abortion providers, including Planned Parenthood South Atlantic, sued again.
Hill joined Wednesday’s majority along with Few, who had previously voted to overturn the 2021 law.
Since the U.S. Supreme Court last year overturned Roe v. Wade, the 1973 ruling that provided nationwide access to abortion, most GOP-controlled states have enacted or adopted abortion bans of some kind. All have been challenged in court.
As the Biden administration makes billions of dollars available to remove millions of dangerous lead pipes that can contaminate drinking water and damage brain development in children, some states are turning down funds.
Washington, Oregon, Maine and Alaska declined all or most of their federal funds in the first of five years that the mix of grants and loans is available, The Associated Press found. Some states are less prepared to pay for lead removal projects because, in many cases, the lead must first be found, experts said. And communities are hesitant to take out loans to search for their lead pipes.
States shouldn’t “shrug their shoulders” and pass up funds, said Erik Olson, a health and food expert at the environmental group Natural Resources Defense Council. “It’s troubling that a state would decide to take a complete pass on the funding because part of the reason for the funding is to figure out whether you even have lead,” Olson said.
The Biden administration wants to remove all 9.2 million lead pipes carrying water to U.S. homes. Lead can lower IQ and create behavioral problems in children. The 2021 infrastructure law provides $15 billion to find and replace them. That money will help a lot, but it isn’t enough to get all the toxic pipes out of the ground. State programs distribute the federal funds to utilities.
The Environmental Protection Agency said it is reviewing state requests to decline funds but did not provide a full list of states that have said no so far. That information will be available in October, officials said. States that declined first-year funds can still accept them during the remaining four years.
“EPA has been working closely with our state partners on utilizing Bipartisan Infrastructure Law funding that is available,” the agency said.
Lead pipes are far more common in some states such as Michigan and Illinois, which each have hundreds of thousands. The harm there is clear. Flint’s lead crisis elevated lead in tap water to a national health issue. Residents of Benton Harbor, Michigan, drank water with too much lead for years until all their lead pipes were replaced. In response, however, Michigan is clamoring for as much money as it can get to remove lead.
The states that declined funds have fewer problematic pipes, but that doesn’t mean lead isn’t an issue. There’s concern about lead in some Maine schools. Portland, Oregon, has struggled with high lead levels for years, although recent tests have been better and officials say the issue isn’t lead pipes, but household plumbing.
Washington accepted $85,000 of $63 million it could have taken and said the decision was based on the limited number of water systems that wanted loans. The EPA estimates the state has 22,000 lead pipes. Oregon, which could have accepted $37 million, said inventories are going to be done with existing staff and resources, adding that utilities have no known lead lines. The EPA projected that the state has 3,530 lead pipes — a relatively small number — based in part on information collected from utilities.
The initial online search of a state website that led a central Kansas police chief to raid a local weekly newspaper was legal, a spokesperson for the agency that maintains the site said Monday, as the newspaper remains under investigation.
Earlier this month, after a local restaurant owner accused the Marion County Record of illegally accessing information about her, the Marion police chief obtained warrants to search the newspaper’s offices and the home of its publisher, as well as the home of a City Council member who also accessed the driver’s license database.
The police chief led the Aug. 11 raids and said in the affidavits used to obtain the warrants that he had probable cause to believe that the newspaper and the City Council member had violated state laws against identity theft or computer crimes.
Both the City Council member and the newspaper have said they received a copy of the document about the status of the restaurant owner’s license without soliciting it. The document disclosed the restaurant’s license number and her date of birth, information required to check the status of a person’s license online and gain access to a more complete driving record. The police chief maintains they broke state laws to do that, while the newspaper and Herbel’s attorneys say they didn’t.
The raid on the Record put it and its hometown of about 1,900 residents in the center of a debate about press freedoms protected by the First Amendment to the U.S. Constitution and Kansas’ Bill of Rights. It also exposed divisions in the town over local politics and the newspaper’s coverage of the community and put an intense spotlight on Police Chief Gideon Cody.
Department of Revenue spokesperson Zack Denney said it’s legal to access the driver’s license database online using information obtained independently. The department’s Division of Vehicles issues licenses.
“That’s legal,” he said. “The website is public facing, and anyone can use it.”
The Kansas Bureau of Investigation continues to probe the newspaper’s actions. The KBI reports to state Attorney General Kris Kobach, a Republican, while the Department of Revenue is under Democratic Gov. Laura Kelly’s authority.
The former IT director of a Rhode Island metals fabrication company convicted of stealing more than $1 million from his employer and using the money for personal expenses was sentenced Monday to nearly three years in prison.
Juan Hicks, 47, of New Bedford, Massachusetts used his purchasing authority to bilk the company out of the money over a period of about 10 years, the U.S. attorney’s office in Rhode Island said in a statement.
While working at A.T. Wall Co. in Warwick, Hicks carried out his scheme in a variety of ways, prosecutors said.
He created false invoices and expense reports for purchases that were never made, and altered legitimate credit card statements to make purchases appear to be business expenses when they were really for personal expenses, authorities said.
He also issued company phones with wireless service to himself and six family members, and used company credit cards to buy airline and entertainment tickets for himself, as well as for retail purchases and auto repairs, prosecutors said.
His conduct came to light in March 2022 when his employer hired forensic analysts to determine the source of a cyberattack.
In addition to prison time he was also ordered to pay restitution. He pleaded guilty to wire fraud in March.
A central Kansas police chief was not only on legally shaky ground when he ordered the raid of a weekly newspaper, experts said, but it may have been a criminal violation of civil rights, a former federal prosecutor added, saying: “I’d probably have the FBI starting to look.”
Some legal experts believe the Aug. 11 raid on the Marion County Record’s offices and the home of its publisher violated a federal privacy law that protects journalists from having their newsrooms searched. Some believe it violated a Kansas law that makes it more difficult to force reporters and editors to disclose their sources or unpublished material.
Part of the debate centers around Marion Police Chief Gideon Cody’s reasons for the raid. A warrant suggested that police were looking for evidence that the Record’s staff broke state laws against identity theft and computer crimes while verifying information about a local restaurant owner. But the police also seized the computer tower and personal cellphone belonging to a reporter who had investigated Cody’s background.
The raid brought international attention to the newspaper and the small town of 1,900 — foisted to the center of a debate over press freedoms. Recent events have exposed roiling divisions over local politics and the newspaper’s aggressive coverage. But it also focused an intense spotlight on Cody in only his third month on the job.
The investigation into whether the newspaper broke state laws continues, now led by the Kansas Bureau of Investigation. State Attorney General Kris Kobach has said he doesn’t see the KBI’s role as investigating the police’s conduct, and that prompted some to question whether the federal government would get involved. Spokespersons for the FBI and the U.S. Department of Justice declined to comment.
Stephen McAllister, a U.S. attorney for Kansas during former President Donald Trump’s administration, said the raid opened Cody, the city and others to lawsuits for alleged civil right violations. And, he added, “We also have some exposure to federal criminal prosecution.”
“I would be surprised if they are not looking at this, if they haven’t already been asked by various interests to look at it, and I would think they would take it seriously,” McAllister, a University of Kansas law professor who also served as the state’s solicitor general, said of federal officials.
An emergency official who defended a decision to not sound outdoor alert sirens on Maui as a ferocious fire raged has resigned.
Maui Emergency Management Agency Administrator Herman Andaya had said this week that he had no regrets about not deploying the system because he feared it could have caused people to go “mauka,” a Hawaiian term that can mean toward the mountains or inland.
“If that was the case, then they would have gone into the fire,” Andaya explained. He stepped down Thursday, a day later.
The decision to not use the sirens, coupled with water shortages that hampered firefighters and an escape route clogged with vehicles that were overrun by flames, has brought intense criticism from many residents following the deadliest wildfire in the U.S. in more than a century.
With the death toll at 111, the search for the missing moved beyond the devastated town of Lahaina to other communities that were destroyed. Teams had covered about 58% of the Lahaina area and the fire was 90% contained as of Thursday night, Maui County officials said.
Six forensic anthropologists with the Department of Defense POW/MIA Accounting Agency are assisting in gathering and identifying human remains, the Pentagon said in a statement Friday. The group is experienced in verifying DNA from long-lost service members, many of whom died as long ago as World War II.
Mayor Richard Bissen accepted Andaya’s resignation effective immediately, the County of Maui announced on Facebook. Andaya cited unspecified health reasons for leaving his post, with no further details provided.
A Texas woman was arrested and has been charged with threatening to kill the federal judge overseeing the criminal case against former President Donald Trump in Washington and a member of Congress.
Abigail Jo Shry of Alvin, Texas, called the federal courthouse in Washington and left the threatening message — using a racist term for U.S. District Judge Tanya Chutkan — on Aug. 5, court records show. Investigators traced her phone number and she later admitted to making the threatening call, according to a criminal complaint.
In the call, Shry told the judge, who is overseeing the election conspiracy case against Trump, “You are in our sights, we want to kill you,” the documents said. Prosecutors allege Shry also said, “If Trump doesn’t get elected in 2024, we are coming to kill you,” and she threatened to kill U.S. Rep. Sheila Jackson Lee, a Texas Democrat running for mayor of Houston, according to court documents.
A judge earlier this week ordered Shry jailed. Court records show Shry is represented by the Houston public defender’s office, which did not immediately return a message seeking comment on Wednesday.
Trump has publicly assailed Chutkan, a former assistant public defender who was nominated to the bench by President Barack Obama, calling her “highly partisan” and “ VERY BIASED & UNFAIR!” because of her past comments in a separate case overseeing the sentencing of one of the defendants charged in the Jan. 6, 2021, riot at the U.S. Capitol.
Chutkan in a hearing Friday imposed a protective order in the case limiting what evidence handed over by prosecutors the former president and his legal team can publicly disclose. She warned Trump’s lawyers that his defense should be mounted in the courtroom and “not on the internet.”