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Court case to tackle jails' medication-assisted treatment
Court Issues | 2019/02/11 17:52
The American Civil Liberties Union of Maine started making its case in federal court on Monday against the ban on medication-assisted treatment in county jail amid the opioid crisis.

Democratic Gov. Janet Mills recently lifted the Maine Department of Corrections' ban on medication-assisted treatment. The ACLU's lawsuit filed in September argued that it's unconstitutional and harmful for Maine jails to prohibit such treatment.

Madawaska resident Brenda Smith sued, asking to continue using medication-assisted treatment to keep her opioid use disorder in remission. Smith, who is expected to report to Aroostook County Jail this year, testified Monday in U.S. District Court in Portland during a court case that is expected to last all week.

Smith wept on the stand while describing how access to the medicine is critical to stabilizing her life. ACLU lawyers said they will spend the week making the case that such access is a constitutional issue, as well as a protected right under the federal Americans with Disabilities Act.

"It makes me feel normal, like I'm a normal human being," Smith said.

Smith's lawsuit against the jail comes at a time when jails and prisons across the country are starting to provide addiction medications to inmates, as resistance from long-skeptical corrections officials appears to be loosening amid the national drug epidemic.

Attorneys for the jail have pushed back at the idea that a ban on medically assisted treatment is a violation of a prisoner's rights. Attorney Peter Marchesi, an attorney representing the jail Monday, has previously said medical staff members at the jail have the ability to manage prisoners' withdrawal symptoms.

Monday's court action also included an expert witness, Dr. Ross MacDonald, who has overseen medical care for New York City's jail system. The medical literature supports medication-assisted treatment for opioid use disorder, and it's important to have that option available to prisoners, he said.


Chief justice seeks budget increase for court technology
Court Issues | 2019/01/22 00:21
spending.

Speaking Wednesday in his annual speech to the Legislature, Iowa Supreme Court Chief Justice Mark Cady told lawmakers “we simply can no longer proceed into the future thinking it will be a modest linear extension from where we are today.”

The judicial branch is requesting nearly $185 million, a 4 percent increase from the current year’s budget. Gov. Kim Reynolds is proposing nearly $183 million.

Among the new programs Cady proposes is a $1.6 million rural courts initiative to secure courthouses and upgrade services to ensure court services in all 99 counties.

He also proposes a $2.5 million digital upgrade that would allow judges to send search warrants electronically to investigators, improve an internet-based telephone system and upgrade technology to allow for remote video appearances for witnesses, parties in cases and court reporters.

Cady also seeks $1.9 million to pay for a proposed 4 percent increase in pay for judiciary officers.



Congress to Probe Report that Trump Directed Lawyer to Lie
Court Issues | 2019/01/21 23:59
The Democratic chairmen of two House committees pledged Friday to investigate a report that President Donald Trump directed his personal attorney to lie to Congress about negotiations over a real estate project in Moscow during the 2016 election.

House Intelligence Committee Chairman Adam Schiff, D-Calif., said “we will do what’s necessary to find out if it’s true.” He said the allegation that Trump directed Michael Cohen to lie in his 2017 testimony to Congress “in an effort to curtail the investigation and cover up his business dealings with Russia is among the most serious to date.”

The chairman of the House Judiciary Committee, Rep. Jerrold Nadler of New York, said directing a subordinate to lie to Congress is a federal crime.

The report by BuzzFeed News, citing two unnamed law enforcement officials, says that Trump directed Cohen to lie to Congress and that Cohen regularly briefed Trump and his family on the Moscow project — even as Trump said he had no business dealings with Russia.


No-cost birth control, now the norm, faces court challenges
Court Issues | 2019/01/17 08:21
Millions of American women are receiving birth control at no cost to them through workplace health plans, the result of the Obama-era Affordable Care Act, which expanded access to contraception.

The Trump administration sought to allow more employers to opt out because of religious or moral objections. But its plans were put on hold by two federal judges, one in Pennsylvania and the other in California, in cases that could eventually reach the Supreme Court.

The judges blocked the Trump policy from going into effect while legal challenges from state attorneys general continue.

Here's a look at some of the issues behind the confrontation over birth control, politics and religious beliefs:

Well into the 1990s many states did not require health insurance plans to cover birth control for women.

"Plans were covering Viagra, and they weren't covering birth control," said Alina Salganicoff, director of women's health policy with the nonpartisan Kaiser Family Foundation.

By the time President Barack Obama's health law passed in 2010, employers and insurers largely began covering birth control as an important part of health care for women.

The ACA took that a couple of steps further. It required most insurance plans to cover a broad range of preventive services, including vaccinations and cancer screenings, but also women's health services. And it also required such preventive services to be offered at no charge


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