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Tennessee, South Carolina extend health care for new moms
Law Firm News | 2022/05/06 12:17
Tennessee and South Carolina are joining five other states in extending health care coverage to women with low-to-modest incomes for a full year after childbirth, U.S. Health and Human Services Secretary Xavier Becerra announced on Friday.

The expansion of Medicaid and the Children’s Health Insurance Program comes as the U.S. Supreme Court could be poised to overturn women’s constitutional right to abortion. That could make the coverage more urgently needed than ever if more women, especially older women or those in poorer health, end up carrying pregnancies to term. In Tennessee, a trigger law would outlaw abortion in the state if Roe v. Wade were overturned. South Carolina has a law banning abortions after six weeks.

States are currently required to provide 60 days of coverage after childbirth, but medical experts say women can die from pregnancy-related conditions up to a year after giving birth and that most pregnancy-related deaths are preventable. Maternal mortality is particularly serious for Black women, whose pregnancy-related death rate is three times that of white women.

Asked about the effect of an abortion ban on Tennessee women at a Thursday news conference, Republican Gov. Bill Lee, who opposes abortion, pointed to the extension.

“It’s important that we recognize that women in crisis need support and assistance through this process. For example, that’s why we’ve expanded our postpartum coverage for women in TennCare,” Lee said.

TennCare is Tennessee’s version of Medicaid, the federal-state program covering about one in five Americans, from many newborns, to low-income adults and frail nursing home residents. The program pays for about four out of every 10 births in the United States.

About 700 U.S. women die annually because of pregnancy-related problems, a little over half after the woman has given birth, according to data from the Centers for Disease Control and Prevention. Nearly 12% of maternal deaths occur 43 to 365 days after delivery.

The expanded coverage is made possible by a provision in the COVID-19 relief bill that will expire after five years unless Congress reapproves it or makes it permanent.


Supreme Court denies Penobscot appeal over namesake river
Law Firm News | 2022/04/19 14:11
The U.S. Supreme Court on Monday declined an appeal by the Penobscot Indian Nation in its fight with Maine over ownership and regulation of the tribe’s namesake river.

It was a bitter defeat for the tribe that sued a decade ago, claiming the Penobscot River is part of its reservation.

Penobscot Chief Kirk Francis said it was a disappointing outcome in a legal case that goes to the “core identity of the Penobscot Nation.”

“We see this as a modern day territorial removal by the state by trying to separate us from our ancestral ties to our namesake river,” Francis told The Associated Press.

A federal judge previously ruled that the reservation includes islands of the river’s main stem, but not the waters. There were appeals to a panel of the 1st U.S. Circuit Court of appeals, and then to the full appeals court.



Suit seeks to overturn renewed Philadelphia mask mandate
Law Firm News | 2022/04/16 15:52
Several businesses and residents have filed suit in state court in Pennsylvania seeking to overturn Philadelphia’s renewed indoor mask mandate scheduled to be enforced beginning Monday in an effort to halt a surge in COVID-19 infections.

The lawsuit, filed in Commonwealth Court on Saturday, said Philadelphia lacks the authority to impose such a mandate.

Philadelphia earlier this week became the first major U.S. city to reinstate its indoor mask mandate after reporting a sharp increase in coronavirus infections, with the city’s top health official saying she wanted to forestall a potential new wave driven by an omicron subvariant.

Attorney Thomas W. King III, who was among those involved in last year’s successful challenge to the statewide mask mandate in schools, said the city’s emergency order went against recommendations of the federal Centers for Disease Control and Prevention and “imposed a renegade standard unfound anywhere else in the world.”

The suit accuses city health officials of having “usurped the power and authority” of state lawmakers, the state department of health and the state advisory health board.

Kevin Lessard, communications director of the Philadelphia mayor’s office, said officials were “unable to comment on this particular case” but cited a court’s denial of an emergency motion by another plaintiff for a preliminary injunction against the mandate. Lessard said “the courts once again confirmed that city has both the legal authority and requisite flexibility to enact the precautionary measures necessary to control the spread of COVID-19.”

Most states and cities dropped their masking requirements in February and early March following new guidelines from the CDC that put less focus on case counts and more on hospital capacity and said most Americans could safely take off their masks.

Philadelphia had ended its indoor mask mandate March 2. But on Monday Dr. Cheryl Bettigole, the health commissioner, cited a more than 50% rise in confirmed COVID-19 cases in 10 days, the threshold at which the city’s guidelines call for people to wear masks indoors.


NC voter ID trial delayed as US Supreme Court examines case
Law Firm News | 2021/12/25 13:54
A federal trial set for January on litigation challenging North Carolina’s voter photo identification law has been delayed while the U.S. Supreme Court weighs whether legislative leaders should be permitted to help defend the law in court.

The Supreme Court said last month it would consider the request of House Speaker Tim Moore and Senate leader Phil Berger to formally step in to the case and defend the 2018 law along with state government attorneys.

The lawsuit was previously scheduled to go to trial in Winston-Salem on Jan. 24. In an order issued Thursday, presiding U.S. District Judge Loretta Biggs said it makes sense to delay the start to avoid further confusion over voter ID. Otherwise, a Supreme Court ruling favoring GOP legislators could require a repeal trial.

“While the court is mindful that parties have been preparing for trial, there is no reason that such preparation must go to waste,” Biggs wrote. No new starting date was set.

Berger and Moore have argued that state attorneys led by Attorney General Josh Stein, a Democrat, have not adequately represented the state to defend the law. Biggs and the full U.S. 4th Circuit Court of Appeals have rejected the GOP leaders’ requests.


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