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Court seems reluctant to block state bans on medical treatments for minors
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2024/12/04 19:54
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Hearing a high-profile culture-war clash, a majority of the Supreme Court seemed reluctant Wednesday to block Tennessee’s ban on gender-affirming care for minors.
The justices’ decision, not expected for several months, could affect similar laws enacted by another 25 states and a range of other efforts to regulate the lives of transgender people, including which sports competitions they can join and which bathrooms they can use.
The case is coming before a conservative-dominated court after a presidential election in which Donald Trump and his allies promised to roll back protections for transgender people.
In arguments that passed the two-hour mark Wednesday, five conservative justices voiced varying degrees of skepticism of arguments made by the Biden administration and lawyers for Tennessee families challenging the ban.
Chief Justice John Roberts, who voted in the majority in a 2020 case in favor of transgender rights, questioned whether judges, rather than lawmakers, should be weighing in on a question of regulating medical procedures, an area usually left to the states.
”The Constitution leaves that question to the people’s representatives, rather than to nine people, none of whom is a doctor,” Roberts said in an exchange with ACLU lawyer Chase Strangio.
The court’s three liberal justices seem firmly on the side of the challengers. But it’s not clear that any of the court’s six conservatives will go along. Justice Neil Gorsuch, who wrote the majority opinion in 2020, has yet to say anything.
Four years ago, the court ruled in favor of Aimee Stephens, who was fired by a Michigan funeral home after she informed its owner that she was a transgender woman. The court held that transgender people, as well as gay and lesbian people, are protected by a landmark federal civil rights law that prohibits sex discrimination in the workplace.
The Biden administration and the families and health care providers who challenged the Tennessee law are urging the justices to apply the same sort of analysis that the majority, made up of liberal and conservative justices, embraced in the case four years ago when it found that “sex plays an unmistakable role” in employers’ decisions to punish transgender people for traits and behavior they otherwise tolerate.
The issue in the Tennessee case is whether the law violates the equal protection clause of the 14th Amendment, which requires the government to treat similarly situated people the same.
Tennessee’s law bans puberty blockers and hormone treatments for transgender minors, but not “across the board,” lawyers for the families wrote in their Supreme Court brief. The lead lawyer, Chase Strangio of the American Civil Liberties Union, is the first openly transgender person to argue in front of the justices.
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Harvey Weinstein hospitalized after ‘alarming blood test,’ attorney says
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2024/12/02 03:54
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Harvey Weinstein was hospitalized Monday following an “alarming blood test,” his attorney said, less than a week after the disgraced movie mogul filed a legal claim alleging substandard medical care at New York City’s notorious jail complex.
Weinstein, 72, was sent to Bellevue Hospital in Manhattan for an “emergent treatment due to an alarming blood test result that requires immediate medical attention,” his attorney, Imran Ansari, said in a statement.
“It is expected that he will remain there until his condition stabilizes,” the statement continues. “His deprivation of care is not only medical malpractice, but a violation of his constitutional rights.”
A spokesperson for New York City’s Department of Correction did not immediately respond to an email. The agency’s inmate database confirmed that Weinstein had been transferred from Rikers Island to the Bellevue Hospital Prison Ward in Manhattan.
Weinstein has been in city custody since earlier this year after the New York Court of Appeals overturned his 2020 rape conviction in the state. The case is set to be retried in 2025. Weinstein has denied any wrongdoing.
In a legal filing last week, Weinstein’s attorneys accused the city of providing him with substandard medical care for a litany of medical afflictions, which include chronic myeloid leukemia and diabetes.
“When I last visited him, I found him with blood spatter on his prison garb, possibly from IV’s, clothes that had not been washed for weeks, and he had not even been provided clean underwear — hardly sanitary conditions for someone with severe medical conditions,” Ansari said in a statement that likened Rikers Island to a “gulag.”
The troubled jail complex, located on an island in New York City’s East River, has faced growing scrutiny for its mistreatment of detainees and dangerous conditions. Last week, a federal judge cleared the way for a possible federal takeover of the jail system, finding the city had placed its incarcerated population in “unconstitutional danger.”
A publicist for Weinstein, Juda Engelmayer, echoed the allegation in a statement Monday.
“Mr. Weinstein, who is suffering from a number of illnesses, including leukemia, has been deprived the medical attention that someone in his medical state deserves, prisoner or not,” he said. “In many ways, this mistreatment constitutes cruel and unusual punishment.”
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Ford cuts 2024 earnings guidance due to warranty costs and slow pace of cost cutting
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2024/10/26 22:51
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Stubbornly high warranty expenses and lagging cost-cutting efforts are holding back Ford Motor Co.'s profits this year, causing the company to lower its full-year earnings guidance.
That pushed the company’s stock price down 6% in trading after Monday’s closing bell.
The Dearborn, Michigan, automaker, which reported third-quarter earnings Monday, said its net profit tumbled nearly 26% as it took $1 billion in accounting charges to write down assets for a canceled three-row electric SUV.
Ford said it made $892 million from July through September, compared with $1.2 billion it made a year earlier.
But excluding the one-time items, the company made an adjusted pretax profit of $2.6 billion, or 49 cents per share. That beat analyst estimates of 46 cents, according to FactSet.
Revenue rose 5.5% to $46.2 billion, also beating Wall Street predictions. Ford reduced its full-year pretax income guidance to $10 billion, at the low end of the $10 billion to $12 billion it expected at the end of the second quarter, spooking investors.
“Cost, especially warranty, has held back our earnings power, but as we bend that curve, there is significant financial upside for investors,” CEO Jim Farley told analysts on a conference call.
Chief Financial Officer John Lawler said warranty costs were slightly below the third quarter of last year, but still high. The company wouldn’t give numbers until it files its quarterly report with securities regulators on Tuesday but said costs will be higher than a year ago.
Ford reported $800 million of increased warranty costs for the second quarter of this year.
Farley has been trying to get a handle on warranty costs for the past four years. In October of 2020, he said the company was working to cut quality-related repairs after glitch-prone small-car transmissions hit the automaker’s bottom line.
Ford has said that it has a $7 billion cost gap with competitors, and Lawler said Monday it has made progress on that figure. The problem is competitors, which he did not identify, are cutting costs too. “We’ve taken cost out, but we’re not doing it at a pace faster than our competition,” he told analysts.
Ford has removed $2 billion in material, freight and labor costs this year, but that was offset by warranties and inflation at its Turkish joint venture, he said.
He said Ford is focused on reducing warranty and other costs, which will show up in later quarters.
The company’s plans are working, as evidenced by 10 straight quarters of revenue growth, Lawler said.
Farley said Ford has restructured its operations in Europe, South America, India and China, which collectively lost $2.2 billion in 2018 but together are profitable now. For instance, China, including exports, has contributed over $600 million to pretax earnings this year, Farley said. |
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Top Europe rights court condemns Switzerland in landmark climate ruling
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2024/04/11 22:03
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Europe’s highest human rights court ruled Tuesday that countries must better protect their people from the consequences of climate change, siding with a group of older Swiss women against their government in a landmark ruling that could have implications across the continent.
The European Court of Human Rights rejected two other, similar cases on procedural grounds — a high-profile one brought by Portuguese young people and another by a French mayor that sought to force governments to reduce greenhouse gas emissions.
But the Swiss case, nonetheless, sets a legal precedent in the Council of Europe’s 46 member states against which future lawsuits will be judged.
“This is a turning point,” said Corina Heri, an expert in climate change litigation at the University of Zurich.
Although activists have had success with lawsuits in domestic proceedings, this was the first time an international court ruled on climate change — and the first decision confirming that countries have an obligation to protect people from its effects, according to Heri.
She said it would open the door to more legal challenges in the countries that are members of the Council of Europe, which includes the 27 EU nations as well as many others from Britain to Turkey.
The Swiss ruling softened the blow for those who lost Tuesday.
“The most important thing is that the court has said in the Swiss women’s case that governments must cut their emissions more to protect human rights,” said 19-year-od Sofia Oliveira, one of the Portuguese plaintiffs. “Their win is a win for us, too, and a win for everyone!”
The court — which is unrelated to the European Union — ruled that Switzerland “had failed to comply with its duties” to combat climate change and meet emissions targets. |
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