renegadebusdallas.com
renegadebusdallas.com April 23, 2018


Supreme Court skeptical of California law requiring information about abortion

21 March 2018, 07:56 | Lionel James

US Supreme Court To Decide Timeline For Detaining Immigrants After Release From Criminal Custody

ADF: We are fighting government-required speech

Why is California defending the FACT Act?

Justice Sonia Sotomayor said web sites for unlicensed centers imply that they are medical facilities and provide medical advice.

The lawyer representing California also faced skeptical questioning about whether the disclosure requirement was unfairly "gerrymandered" to target crisis-pregnancy centers while granting exemptions to nearly everyone else.

It ruled the California law amounted to "reasonable licensing" by the state.

Should the state of California be allowed to force non-profit, often Christian, pregnancy centers to provide free advertising for abortion centers?

"California has a compelling interest in informing pregnant women when they are using the medical services of a facility that has not satisfied licensing standards set by the state", Judge Nelson wrote.

The law also mandates that any non-medical pregnancy center, such as one that distributes free maternity clothing or baby items to a pregnant woman, must display a notice explaining that it is not licensed as a medical facility in the state of California.

"The First Amendment does not permit California to manipulate the marketplace of ideas in this way", it adds. "The First Amendment guarantees that free speech means that Americans can not be compelled to speak or forbidden to speak".

Early in the oral argument, Justice Breyer cut to the heart of this dynamic at play in NIFLA: "What is sauce for the goose is sauce for the gander", Breyer declared.

Religiously affiliated pregnancy clinics who are opposed to abortion say the law is an unconstitutional violation of their free speech rights and that the government can not compel them to convey a message that goes against their core convictions.

The religiously affiliated centers lost their challenge to the law before a California-based federal appeals court. The most likely outcome is a fairly narrow decision targeting aspects of this particular state law.

"The clinics were masquerading as full service reproductive health clinics and deceiving women into thinking they could get bona fide reproductive health care", said Amy Myrick, a staff attorney at the Center for Reproductive Rights. They exist for a specific reason, which is to assist mothers who want to choose life for their unborn children. In many cases, the facilities must provide these disclaimers in multiple languages, and the law imposes requirements on font choice and when and how the disclosures must be displayed. "Why should the state free-ride on a limited number of clinics to provide that information?" he asked.

Firefighters battle INFERNO after huge blast at Texas chemical plant
The mayor of Cresson says the plant brings in concentrated acids and soaps and other chemicals and dilutes them for customers. Under the Obama administration, the Environmental Protection Agency (EPA) found multiple faults with the existing rules.

A key moment came when Justice Anthony Kennedy, frequently the swing vote on the court, asked how the disclosure requirement would affect a facility affected by the law that took out a two-word advertisement ("CHOOSE LIFE").

And Justice Steven Breyer, on a couple of occasions suggested that the court should send the case back down to the lower courts to develop a more robust record.

Klein told the justices that the law was applied where it would be most useful to pregnant women.

The justices will have to parse the nature of the communication in question.

"They're really the exact flip side of the requirements in this case", said Kagan. Conservative Justice Samuel Alito piled on, pointing to an amicus brief which claims that 98 percent of the clinics covered by this law are "pro life" (though, in fairness, Klein disagreed with this figure).

But Sotomayor, saying she is "fairly sophisticated, said it wasn't clear to her from the website of one unlicensed center, the Fallbrook Pregnancy Resource Center, that it doesn't offer medical services".

Crisis pregnancy centers say they offer legitimate health services but that it is their mission to steer women with unplanned pregnancies away from abortion. He could have framed California's law as nothing more than an "informed consent" law for crisis pregnancy centers, and insisted that the law be upheld under the same standard the Supreme Court applies to abortion providers.

In fact, Harris was all but decided that she'd end her child's life through abortion by the time she went into Greater Baltimore (Md.) Center for Pregnancy Concerns.

And although the liberals on the bench suggested some support for the intent of the law, some of them also expressed concern.

"Well, but if you're trying to educate a class of persons about their rights, it's pretty unusual to force a private speaker to do that for you under the First Amendment", Gorsuch said. "After arguments this morning, I am optimistic the justices will find that the state has not carried this burden and will continue their long tradition of giving speech the highest level of protection it deserves".

The state of California and abortion rights supporters counter that the law in question - the Reproductive FACT Act - is straightforward and doesn't trample anyone's rights.



Other News

Trending Now

The actors portraying Meghan Markle and Prince Harry look just like them
She had attended pre-Christmas meal at Buckingham Palace and stayed with them at Sandringham over the holiday season in December. At a Privy Council meeting on Wednesday, the monarch made the declaration and will have signed a Great Seal of the Realm.

Dog accidentally flown to Japan reunited with family
To prevent this from happening again, by April we will issue bright colored bag tags to customers traveling with in-cabin pets. The flight attendant allegedly did not hear or understand the family when they said the dog was in the carrier.

Loss leaves Virginia Tech still looking to take 'next step'
But whether this year's team can match that run will likely depend on Petty and Sexton continuing to score in tandem. The Hokies forced 17 turnovers but couldn't slow down Petty and had trouble whenever Sexton got into the lane.

Republicans warn Trump over Mueller's Russian Federation inquiry
When asked, Strong did not comment directly on whether Congress should advance legislation to protect Mueller. And Mueller himself is a Republican.

Syria War: Nearly 35 killed as rockets hits Damascus market
On Monday, the militants pounced on Qadam from the neighboring Hajr al-Aswad and Yarmouk neighborhoods, which they control. It's also unclear if that figure included Russian mercenaries who operate in the country, namely to guard oil fields.

Broadcom To Scrap Qualcomm Bid After Trump Block
Broadcom's months-long attempt to takeover Qualcomm is officially over following yesterday's intervention by the White House . Broadcom indicated in its statement it will move forward with its effort to move its headquarters back to the United States.

Black Panther tops Tomb Raider to claim fifth weekend at box office
Reviews for the new Tomb Raider were lukewarm, though many praised Vikander, while moviegoers gave it a so-so B CinemaScore. Though it has grossed $96 million in two weeks of release in China, Black Panther slid steeply in its second weekend.

Nigerian army claimed to ignore warnings of abduction
The IG would also have meetings with various stakeholders engaging in the fight against Boko Haram with a view to support them. It handed over Dapchi's security to the Nigeria Police division in the town, the army spokesman said.

1 person dead in shooting at Southern California mall, authorities say
He told, "I went to Nordstrom to get trousers , and the next thing I know, the doors are being sealed". The city of Thousand Oaks tweeted that the mall is secure and no one else was in danger.

Mariah Who? This Is the Best Carpool Karaoke Ever
James Corden , the English comedian known for his Carpool Karaoke videos, called the video "the most lovely carpool karaoke video ever".