|
|
|
Virus whistleblower tells lawmakers US lacks vaccine plan
Blog Updates |
2020/05/14 13:03
|
Whistleblower Dr. Rick Bright warned on Thursday that the U.S. lacks a plan to produce and fairly distribute a coronavirus vaccine when it becomes available. The nation could face “the darkest winter in modern history” unless leaders act decisively, he told a congressional panel.
Bright alleges he was ousted from a high-level scientific post after warning the Trump administration to prepare for the pandemic.
Testifying Thursday, Bright said, “We don’t have (a vaccine plan) yet, and it is a significant concern.” Asked if lawmakers should be worried, Bright responded, “absolutely.”
Bright, a vaccine expert who led a biodefense agency in the Department of Health and Human Services, said the country needs a plan to establish a supply chain for producing tens of millions of doses of a vaccine, and then allocating and distributing them fairly. He said experience so far with an antiviral drug that has been found to benefit COVID-19 patients has not given him much confidence about distribution. Hospital pharmacies have reported problems getting limited supplies.
The White House has begun what it calls “Operation Warp Speed” to quickly produce, distribute and administer a vaccine once it becomes available.
Bright testified Thursday before the House Energy and Commerce Committee. Aspects of his complaint about early administration handling of the crisis were expected to be backed up by testimony from an executive of a company that manufactures respirator masks.
|
|
|
|
|
|
Catholic schools, ex-teachers clash in Supreme Court case
Legal Business |
2020/05/11 13:04
|
First, Kristen Biel learned she had breast cancer. Then, after she told the Catholic school where she taught that she’d need time off for treatment, she learned her teaching contract wouldn’t be renewed.
“She was devastated,” said her husband Darryl. “She came in the house just bawling uncontrollably.”
Biel died last year at age 54 after a five-year battle with breast cancer. On Monday, the Supreme Court will hear arguments in a disability discrimination lawsuit she filed against her former employer, St. James Catholic School in Torrance, California.
A judge initially sided with the school and halted the lawsuit, but an appeals court disagreed and said it could go forward. The school, with the support of the Trump administration, is challenging that decision, telling the Supreme Court that the dispute doesn’t belong in court.
The case is one of 10 the high court is hearing arguments in by telephone because of the coronavirus pandemic. The justices heard arguments in four cases this week. Next week includes Biel’s case as well as high-profile fights over President Donald Trump’s financial records and whether presidential electors have to cast their Electoral College ballots for the candidate who wins the popular vote in their state.
Biel’s lawsuit is one of two cases being heard together that involves the same issue: the “ministerial exception” that exempts religious employers from certain employment discrimination lawsuits.
The Supreme Court recognized in a unanimous 2012 decision that the Constitution prevents ministers from suing their churches for employment discrimination. But it specifically avoided giving a rigid test for who should count as a minister.
Now the Supreme Court will decide whether Biel, and another former teacher who sued a different Catholic school for age discrimination, count as ministers barred from suing. Both Biel and the other teacher, Agnes Morrissey-Berru, taught religion, among other subjects.
Jeffrey Fisher, an attorney for Biel and Morrissey-Berru, says if his clients lose, it could have “innumerable, cascading consequences” on employees of religious institutions. He’s argued employment law protections could be denied to nurses at religiously affiliated hospitals, counselors at religious summer camps, and cooks and administrators in social services centers. |
|
|
|
|
|
Called to order: Supreme Court holds 1st arguments by phone
Marketing |
2020/05/10 13:04
|
They politely took turns speaking. Not a child, spouse or dog could be heard in the background. The conference call went long, but not by that much.
And with that, the Supreme Court made history Monday, hearing arguments by telephone and allowing the world to listen in live, both for the first time.
The arguments were essentially a high-profile phone discussion with the nine justices and two arguing lawyers. The session went remarkably smoothly, notable for a high court that prizes tradition and only reluctantly changes the way it operates.
The high court had initially postponed arguments in 20 cases scheduled for March and April because of the coronavirus pandemic. Courtroom sessions were seen as unsafe, especially with six justices aged 65 or older and at risk of getting seriously sick from the virus. But the justices ultimately decided to hear 10 cases by phone over six days this month.
The court chose a somewhat obscure case about whether the travel website Booking.com can trademark its name for its first foray into remote arguments. The more high-profile arguments come next week.
Monday’s groundbreaking session began at the usual time of 10 a.m. EDT, when Marshal Pamela Talkin called the court to order and Chief Justice John Roberts announced the case.
|
|
|
|
|
|
Justices wary of ‘Obamacare’ birth control coverage changes
Blog Updates |
2020/05/08 13:06
|
The Supreme Court seemed concerned Wednesday about the sweep of Trump administration rules that would allow more employers who cite a religious or moral objection to opt out of providing no-cost birth control to women as required by the Affordable Care Act.
The justices were hearing their third day of arguments conducted by telephone because of the coronavirus pandemic. The first of two cases before them Wednesday stemmed from the Obama-era health law, under which most employers must cover birth control as a preventive service, at no charge to women, in their insurance plans.
The Supreme Court’s four liberal justices suggested they were troubled by the changes, which the government has estimated would cause about 70,000 women, and at most 126,000 women, to lose contraception coverage in one year.
Chief Justice John Roberts, a key vote on a court split between conservatives and liberals, suggested that the Trump administration’s reliance on a federal religious freedom law to expand the exemption was “too broad.”
And Justice Ruth Bader Ginsburg, who joined the conversation from a Maryland hospital where she was being treated for an infection caused by a gallstone, gave the government’s top Supreme Court lawyer, Solicitor General Noel Franciso, what sounded like a lecture.
“You have just tossed entirely to the wind what Congress thought was essential, that is that women be provided these .... services with no hassle, no cost to them,” said Ginsburg, who was released from the hospital later Wednesday.
|
|
|
|
|
|
Blind justice: No visual cues in high court phone cases
Political View |
2020/05/08 13:05
|
On the evening before he was to argue a case before the Supreme Court years ago, Jeffrey Fisher broke his glasses. That left the very nearsighted lawyer with an unappealing choice. He could wear contacts and clearly see the justices but not his notes, or skip the contacts and see only his notes.
It wasn’t hard to decide. “I couldn’t imagine doing argument without seeing their faces,” Fisher said.
He won’t have a choice next month. Because of the coronavirus pandemic the high court is, for the first time in its 230-year history, holding arguments by telephone. Beyond not being able to see the justices’ nods, frowns and hand gestures, the teleconference arguments in 10 cases over six days present a range of challenges, attorneys said, but also opportunities.
The unprecedented decision to hold arguments by phone was an effort to help slow the spread of the virus. Most of the justices are at risk because of their age; six are over 65. And hearing arguments by phone allows them to decide significant cases by the court’s traditional summer break.
The attorneys arguing before the court include government lawyers as well as those in private practice. Three of the 25 are women. Most have made multiple Supreme Court arguments and are familiar to the justices, although seven are giving their first arguments before the court. The Trump administration’s top Supreme Court lawyer, Solicitor General Noel Francisco, will argue twice.
The cases the justices are hearing include fights over subpoenas for President Donald Trump’s financial records and cases about whether presidential electors are required to cast their Electoral College ballots for the candidate who won their state.
Justices have long said that the written briefs lawyers submit are vastly more important to the cases’ outcomes than what’s said in court. But the arguments also help them resolve nagging issues and occasionally can change a justice’s vote.
|
|
|
|
|
|
Unanimous Supreme Court throws out ‘Bridgegate’ convictions
Political View |
2020/05/04 13:05
|
A unanimous Supreme Court on Thursday threw out the convictions of two political insiders involved in the “Bridgegate” scandal that ultimately derailed the 2016 president bid of their ally, then-New Jersey Gov. Chris Christie.
The justices said there was evidence of deception, corruption, and abuse of power in the political payback saga that involved four days of traffic jams on the world’s busiest motor-vehicle bridge, the George Washington Bridge spanning the Hudson River between New York and New Jersey. But “not every corrupt act by state or local officials is a federal crime,” Justice Elena Kagan wrote for the court.
In the end, the justices concluded that the government had overreached in prosecuting Bridget Kelly and Bill Baroni for their roles in the scheme. Kelly was a deputy chief of staff to Christie. Baroni was a top Christie appointee to the Port Authority, the bridge’s operator.
The court’s decision to side with Kelly and Baroni continues a pattern from recent years of restricting the government’s ability to use broad federal laws to prosecute public corruption cases. In 2016, the court overturned the bribery conviction of former Virginia Gov. Bob McDonnell. In 2010, the court sharply curbed prosecutors’ use of an anti-fraud law in the case of ex-Enron CEO Jeffrey Skilling.
Kagan wrote for the court that Kelly and Baroni had acted for “no reason other than political payback.” In devising the traffic jam, they were seeking to punish the Democratic mayor of Fort Lee, New Jersey, Mark Sokolich, after he declined to support the reelection bid of Christie, the GOP governor.
To create chaos, on the traffic-heavy first day of school in 2013, Kelly and Baroni schemed to reduce from three to one the number of dedicated lanes onto the bridge from Fort Lee. They created a traffic study as a cover story for their actions.
Kagan said that Kelly and Baroni ”jeopardized the safety of the town’s residents,” and she repeated some of their gleeful plotting in the decision. At one point, Kelly wrote what Kagan called “an admirably concise e-mail” about the plan. It read: “Time for some traffic problems in Fort Lee.” Later, after the traffic snarls began, Kelly wrote in a text, “Is it wrong that I am smiling?” Kagan noted that they then “merrily kept the lane realignment in place for another three days.” |
|
|
|
|
|
You’ve reached the Supreme Court. Press 1 for live arguments
Legal Business |
2020/05/02 13:07
|
This is how the Supreme Court embraces technology. Slowly. It took a worldwide pandemic for the court to agree to hear arguments over the telephone, with audio available live for the first time. C-SPAN plans to carry the arguments.
Just two years ago case filings were made available online, decades after other courts. Other forays into technology, including posting opinions online, have not always gone smoothly.
Chief Justice John Roberts acknowledged in 2014 that courts will always be cautious when it comes to embracing the “next big thing” in technology.
And even the decision to hold arguments via telephone is “sort of retro,” given much of the country and other courts are doing meetings and arguments using video conferencing, said Clare Cushman, the director of publications at the Supreme Court Historical Society.
But the decision remains a “giant leap forward,” Cushman said, for a court that has shunned technology in favor of tradition. The court used an obsolete document delivery system, pneumatic tubes, until 1971. It was slow to add computers and late in transitioning from printing opinions in the court’s basement on Linotype machines, which used metal type, to electronic printing in the early 1980s. |
|
|
|
|