Supreme Court upholds Indiana fetal burial law, spurns abortion measure

FILE PHOTO: The U.S. Supreme Court building is seen in Washington, U.S., March 26, 2019. REUTERS/Brendan McDermid/File Photo

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Tuesday upheld Indiana’s Republican-backed requirement that fetal remains be buried or cremated, dealing a setback to abortion provider Planned Parenthood, which had challenged the provision.

The unsigned ruling, with two of the court’s liberals dissenting, said an appeals court was wrong to conclude that the law had a illegitimate purpose.

But the court also turned away the state’s separate attempt to reinstate its Republican-backed ban on abortions performed because of fetal disability or the sex or race of the fetus, which was also struck down by lower courts.

Both provisions were part of a 2016 law signed by Vice President Mike Pence when he was Indiana’s governor.

The ruling stated that the court has previously said that states have a legitimate interest in the disposal of fetal remains. The court noted that in challenging the law, Planned Parenthood did not allege that the provision implicated the right of women to obtain an abortion.

“This case, as litigated, therefore does not implicate our cases applying the undue burden test to abortion regulations,” the ruling said.

Liberal justices Ruth Bader Ginsburg and Sonia Sotomayor both said they disagreed with the court’s decision to reinstate the fetal remains provision.

Indiana’s law was one of many passed by Republicans at the state level putting restrictions on abortion, which was legalized nationwide by the Supreme Court in the 1973 Roe v. Wade ruling.

The Chicago-based 7th U.S. Circuit Court of Appeals upheld a 2017 permanent injunction issued by U.S. District Judge Tanya Walton Pratt against the Indiana law. She found the measure violated the constitutional privacy rights recognized in the 1973 abortion ruling.

Indiana required that abortion providers bury or cremate fetal remains after an abortion.

The law also forbade women from obtaining an abortion if the decision to terminate the pregnancy was based on a diagnosis or “potential diagnosis” of fetal abnormality such as Down syndrome or “any other disability” or due to the race, color, national origin ancestry or sex of the fetus. Indiana said the state has an interest in barring discrimination against fetuses and in protecting the “dignity of fetal remains.”

A similar fetal burial law from Minnesota was upheld by a federal appeals court in 1990 but the Indiana law and another like it in Texas, enacted in 2016, have been struck down by the courts.

In Tuesday’s ruling, the court said its decision not to review the second provision of Indiana’s law “expresses no view on the merits.”

(Reporting by Lawrence Hurley; Editing by Will Dunham)

U.S. Supreme Court takes no action in Indiana abortion cases

FILE PHOTO: The U.S. Supreme Court building is seen in Washington, U.S., March 26, 2019. REUTERS/Brendan McDermid/File Photo

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Supreme Court on Monday took no action on appeals seeking to revive two restrictive Republican-backed abortion laws from Indiana, even as debate rages over a new measure in Alabama that would prohibit the procedure almost entirely.

Neither Indiana case was on the list of appeals on which the court acted on Monday morning. The court could next announce whether or not it will hear the cases on May 28.

If the nine-justice court takes up either case, it would give the conservative majority an opportunity to chip away at the landmark 1973 Roe v. Wade ruling that legalized abortion nationwide and recognized a right under the U.S. Constitution for women to terminate pregnancies.

One of the Indiana laws requires fetal remains to be buried or cremated and bans abortions performed because of fetal disability or the sex or race of the fetus. The other law requires women to undergo an ultrasound examination at least 18 hours before they undergo an abortion.

Both Indiana measures were signed into law in 2016 by Vice President Mike Pence when he was Indiana’s governor and were struck down by federal judges the following year. The state of Indiana is appealing to the Supreme Court.

The Alabama law was signed by Republican Governor Kay Ivey last week but is not set to go into effect for six months. It would outlaw almost all abortions, including in cases of pregnancies resulting from rape or incest. Exceptions would be allowed only to protect the mother’s health. Doctors who perform abortions could face up to 99 years in prison.

The Alabama law was written with the assumption that it would face legal challenges and could ultimately end up at the high court.

Conservative activists have long denounced the Roe v. Wade decision and hope that the conservative Supreme Court justices, who hold a 5-4 majority, will undermine or even overturn it.

Their chances of success were given a boost last year by the retirement of Justice Anthony Kennedy, who had backed abortion rights in two key cases. Kennedy was replaced by President Donald Trump’s conservative appointee Brett Kavanaugh, who has a thin record on abortion.

Legislation to restrict abortion rights has been introduced this year in 16 states. Four governors have signed bills banning abortion if an embryonic heartbeat can be detected.

Kavanaugh and Chief Justice John Roberts, who has voted against abortion rights in previous cases, are seen by legal experts as the key votes to watch.

The high court has two other abortion cases on its docket that it will also act on in the coming months – attempts by Alabama and Louisiana to revive other previously blocked abortion restrictions.

(Reporting by Lawrence Hurley; Editing by Kevin Drawbaugh, Bill Berkrot and Will Dunham)

Some 156 people in 10 states infected with E. coli from ground beef: CDC

FILE PHOTO: A general view of the Centers for Disease Control and Prevention (CDC) headquarters in Atlanta, Georgia September 30, 2014. REUTERS/Tami Chappell/File Photo

By Brendan O’Brien

(Reuters) – A total of 156 people in 10 states have been infected with E. coli after eating tainted ground beef at home and in restaurants since the beginning of March, the U.S. Centers for Disease Control and Prevention (CDC) said on Tuesday.

No deaths have been reported but 20 people have been hospitalized after they were infected with the strain E. coli O103 since March 1, the CDC said on its website.

The agency said an investigation is ongoing to determine the source of the contaminated ground beef that was supplied to grocery stores and restaurants.

“At this time, no common supplier, distributor, or brand of ground beef has been identified,” the CDC said.

The investigation began on March 28, when officials in Kentucky and Georgia notified the CDC of the outbreak. Since then, some 65 cases have been reported in Kentucky, 41 in Tennessee and another 33 in Georgia.

E. coli cases have also been reported in Florida, Illinois, Indiana, Minnesota, Mississippi, Ohio and Virginia.

The CDC said that illnesses after March 26 may not have been reported yet because the lead time is two to three weeks.

People infected with the bacteria get sick two to eight days after swallowing the germ, and may sometimes develop a type of kidney failure.

Many of the infected people had bought large trays or chubs of ground beef from grocery stores and used the meat to make dishes like spaghetti sauce and Sloppy Joes, the agency said.

The regulator said it is not recommending that consumers avoid eating ground beef at this time, but said that consumers and restaurants should handle ground beef safely and cook it thoroughly to avoid foodborne illnesses.

(Reporting by Brendan O’Brien in Milwaukee, Wis.; Editing by Bill Tarrant and Matthew Lewis)

CDC warns residents in eight U.S. states of cut-fruit Salmonella outbreak

Under a very high magnification of 12000X, this colorized scanning electron micrograph shows a large grouping of Gram-negative Salmonella bacteria. REUTERS/Janice Haney Carr/CDC/Handout

By David Shepardson

WASHINGTON (Reuters) – The head of the U.S. Food and Drug Administration on Sunday urged residents of eight U.S. states to check for recalled pre-cut melon that is linked to an outbreak of Salmonella.

The FDA and U.S. Centers for Disease Control are investigating an outbreak linked to 60 illnesses and at least 31 hospitalizations in five states. No deaths have been reported and the agencies urged residents in the eight states to throw out any melon that may have been recalled.

On Friday, Caito Foods LLC, a unit of SpartanNash Co, recalled fresh-cut watermelon, honeydew melon, cantaloupe and fresh-cut mixed fruit products containing one of those melons produced at a Caito Foods facility in Indianapolis.

The recalled products were distributed to Georgia, Illinois, Indiana, Kentucky, Michigan, Missouri, North Carolina, and Ohio and sold in clear, plastic containers at stores including Costco Wholesale Corp, Kroger Co, Payless, Owen’s, Sprouts, Trader Joe’s, Walgreens, Walmart Inc, and Whole Foods, a unit of Amazon.com Inc.

FDA Commissioner Scott Gottlieb in a Twitter post late on Sunday urged people in the eight states to check the “fridge and freezer for recalled pre-cut melon linked to Salmonella outbreak.”

Of the 60 cases reported to date, 32 were reported in Michigan.

“Reports of illnesses linked to these products are under investigation, and Caito Foods is voluntarily recalling the products out of an abundance of caution,” the company said in a statement, adding it “has ceased producing and distributing these products as the company and FDA continue their investigation.”

Salmonella can result in serious illness and produce significant and potentially fatal infections in young children, frail or elderly people and others with weakened immune systems the company said.

The CDC said evidence suggested that melon supplied by Caito Foods “is a likely source of this multistate outbreak.”

The investigation is ongoing to determine if products went to additional stores or states, the agencies said.

(Reporting by David Shepardson; Editing by Peter Cooney)

After Parkland shooting, U.S. states shift education funds to school safety despite critics

Adin Chistian (16), student of the Marjory Stoneman Douglas High School, embraces his mother Denyse, next to the crosses and Stars of David placed in front of the fence of the school to commemorate the victims of a shooting, in Parkland, Florida, U.S., February 19, 2018. REUTERS/Carlos Garcia Rawlins

By Hilary Russ and Laila Kearney

NEW YORK (Reuters) – Before the ink could dry on Florida Governor Rick Scott’s signature last month, critics cried foul over the bill he signed into law to spend $400 million boosting security at schools across the state following February’s Parkland mass shooting.

School officials, local sheriffs and Democrats opposed different provisions, including one to provide $67 million to arm teachers. Educators, in particular, voiced concerns that the state will strip money from core education funding to pay for the new school resource officers and beefed up buildings.

“We are a very lean state,” said Florida state Senator Jose Javier Rodriguez, a Democrat who voted against the bill. “If we’re spending money somewhere, we’re taking it from somewhere else.”

In the wake of the high school shooting in Parkland, Florida that killed 17 people, at least 10 U.S. states have introduced measures to increase funding for hardening of school buildings and campuses, add resource officers and increase mental health services, according to Reuters’ tally.

Many of the proposals outlined the need for bulletproof windows, panic buttons and armored shelters to be installed in classrooms. Some legislation called for state police or sheriff’s departments to provide officers to patrol public schools.

Altogether, more than 100 legislative bills to address school safety, not all of which have funding components, have been introduced in 27 states since the Feb. 14 shooting at Florida’s Marjory Stoneman Douglas High School, according to data provided by the National Conference of State Legislatures.

But states do not usually have extra money on hand or room to raise taxes. So to pay for the measures, states are mostly shifting money away from other projects, dipping into reserves or contemplating borrowing.

“I would characterize these proposals and the bills that were passed, for example Florida and Wisconsin, as primarily shifting funding from other priorities,” said Kathryn White, senior policy analyst at the National Association of State Budget Officers.

Calls for more gun control and more safety measures have come during peak budget season for nearly all states, whose legislatures spend the spring in debates that shape the coming year’s budget starting July 1.

STATE BY STATE

Wisconsin Governor Scott Walker called a special legislative session last month, when lawmakers agreed to create a $100 million school safety grant program.

The money will come out of the state’s general fund. But the spending, coupled with tax cuts and other pending legislation, will leave that fund with reserves of roughly $185 million – enough to run state government for less than four days in the event of a fiscal emergency, according to Jon Peacock, director of the think tank Wisconsin Budget Project.

“That is far less of a cushion than a fiscally responsible state should set aside,” Peacock said.

Funding the safety measures also means that some economic development programs for rural counties did not get funded and a one-time sales tax holiday was scaled back, he said.

In Maine, lawmakers are considering borrowing $20 million by issuing 10-year general obligation bonds to fund loans to school districts for security enhancements.

New Jersey lawmakers are also looking to borrow. On March 26, state senators tacked an extra $250 million for school security onto an existing bill for $500 million of bonds to expand county vocational colleges. The legislature has not yet voted on the measure.

Maryland, Alabama, Arkansas, Tennessee and Indiana are also increasing – or trying to increase – funding for school security measures since Parkland.

In Florida, the legislature passed safety spending while approving an increase of only $0.47 per pupil in funding used to cover teacher pay raises, school bus fuel and other operational expenses for education.

“We see $400-plus million in school safety, which we absolutely applaud, but you can’t do that at the expense of your core education program,” Broward County schools Superintendent Robert Runcie said shortly before Scott signed the budget.

Stoneman Douglas is among the schools Runcie, who also heads the Florida Association of District School Superintendents, oversees.

To be sure, some state and local governments have been adding money for school safety measures for years, particularly after 20 children and six adults were killed in a shooting in Connecticut’s Sandy Hook Elementary School in 2012.

Some critics, particularly Democrats, say measures that only beef up infrastructure or do not create recurring funds fall short of the mark.

Dan Rossmiller, government relations director of the Wisconsin Association of School Boards, said in a memo to lawmakers in March that individual districts also need money for prevention and intervention, including education services for expelled students and anti-bullying programs, and other purposes.

“Funding for only ‘hardening’ school facilities, while welcome, is likely not going to be sufficient to address the full range of locally identified needs,” he said.

(Reporting by Hilary Russ and Laila Kearney; Editing by Daniel Bases and Chizu Nomiyama)

Deadly winter storm delays travel in U.S. Midwest, Northeast

Weather conditions for winter storm 2-6-18 National Weather Service

(Reuters) – A winter storm will dump snow and freezing rain on the U.S. Midwest and the Northeast beginning on Tuesday after it caused several deaths as it snarled highways and spurred the cancellation of hundreds of flights at Chicago’s main airport.

The National Weather Service warned commuters in northern Texas, east through southern Illinois and Indiana, and New York and Massachusetts, to watch for icy road conditions, wind gusts and reduced visibility throughout the day and into Wednesday.

“The ice and snow will result in difficult travel conditions,” the NWS said in an advisory. “Motorists are strongly urged to slow down and allow plenty of time to reach their destinations.”

Winds of 40-miles an hour(65 kph) and as much as 4 inches (10 cm) of snow are expected across the affected regions, with parts of New York and Vermont getting as much as a foot of snow, the NWS said.

The storm was responsible for the death of six people on Monday in crashes throughout Iowa, the Des Moines Register reported.

Two people also died in southwest Missouri and more than 70 others were injured after icy roads caused a high number of crashes, the Springfield News-Leader reported.

At Chicago’s busy O’Hare International Airport, the storm caused the cancellation of more than 460 flights, according to the flight tracking website FlightAware.

(Reporting by Brendan O’Brien in Milwaukee; Editing by Bernadette Baum)

Trump administration will allow states to test Medicaid work requirements

U.S. President Donald Trump attends the Women in Healthcare panel hosted by Seema Verma (R), Administrator of the Centers for Medicare and Medicaid Services, at the White House in Washington, U.S., March 22, 2017.

By Yasmeen Abutaleb

WASHINGTON (Reuters) – The Trump administration said on Thursday it would allow states to test requiring some Medicaid recipients to work or participate in community activities such as volunteering or jobs training as a condition of eligibility for the government health insurance program for the poor.

The Centers for Medicare and Medicaid Services issued guidance making it easier for states to design and propose test programs that implement such requirements. States must propose such changes through waivers and receive federal approval.

Seema Verma, the agency’s administrator, said the policy guidance came in response to requests from at least 10 states that have proposed requiring some Medicaid recipients to work or participate in activities that may include skills training, education, job search, volunteering or caregiving. Those states include Kentucky, Maine, New Hampshire, Arizona, Indiana and Utah.

Certain Medicaid populations would be exempt from the rules, including those with disabilities, the elderly, children and pregnant women. Verma also said states would have to make “reasonable modifications” for those battling opioid addiction and other substance use disorders.

“This gives us a pathway to start approving waivers,” Verma said on a call with reporters on Wednesday. “This is about helping those individuals rise out of poverty.”

Under the 2010 Affordable Care Act, former Democratic President Barack Obama’s signature domestic policy achievement commonly known as Obamacare, 31 states expanded Medicaid to those making up to 138 percent of the federal poverty level, adding millions of people to the rolls.

Republicans have repeatedly failed to repeal and replace Obamacare, a top campaign promise of President Donald Trump. Instead, the Trump administration has sought to weaken the program through executive orders and administrative rules.

The Obama administration opposed state efforts to implement work requirements in Medicaid because it could result in fewer people having access to health insurance.

For instance, Kentucky last year proposed work requirements for able-bodied adults to get insurance and establishing new fees for all members based on income. A study found the proposal would reduce the number of residents on Medicaid by nearly 86,000 within five years, saving more than $330 million.

Republicans argue that Medicaid was created to serve the most vulnerable and has become bloated under Obamacare. Verma and other Republicans said implementing work and community engagement requirements could help improve health outcomes by connecting people with jobs and training.

(Reporting by Yasmeen Abutaleb; Editing by Peter Cooney)

Deep freeze keeps grip on eastern United States; four die

Elena Barduniotis from Colorado waits in Times Square ahead of New Year's celebrations in Manhattan.

By Brendan O’Brien

MILWAUKEE (Reuters) – A record-shattering Arctic freeze kept its grip on much of the United States east of the Rocky Mountains on Tuesday but temperatures everywhere except the Northeast were expected to warm within 24 hours.

Many school districts shut their classrooms due to the cold snap, which claimed four lives over the long New Year’s weekend.

The National Weather Service issued wind chill warnings for Tuesday as dangerously low temperatures were due from eastern Montana across the Midwest into the Atlantic coast and the Northeast and down through the deep South.

School districts in Iowa, Massachusetts, Indiana, Ohio and North Carolina canceled or delayed the start of classes as bitterly cold temperatures, 20 degrees to 30 degrees Fahrenheit (11 to 17 degrees Celsius) below normal, were expected across the eastern half of the United States.

“Just the bitter cold which is just too dangerous to put kids out on the street waiting for a bus that may not come,” Herb Levine, superintendent of the Peabody Public Schools, north of Boston, told a local CBS affiliate television station.

The cold was blamed for the deaths of two men in separate incidents in Milwaukee, according to the Milwaukee Journal Sentinel. A homeless man was found dead on a porch in Charleston, West Virginia, while another man was found dead outside a church in Detroit and police said he may have froze to death, local news outlets reported.

Washington Mayor Muriel Bowser urged residents to call the city if they saw people outside.

“We want every resident to have shelter and warmth,” she said in a tweet.

Many places across the United States experienced record low temperatures over the last few days. Omaha, Nebraska, posted a low of minus 20F (minus 29C), breaking a 130-year-old record, and Aberdeen, South Dakota, shattered a record set in 1919 with a temperature of minus 32F (minus 36C).

The cold should ease across most of the country after Tuesday, but the northeastern section of the country will see a repeat of the frigid weather on Thursday or Friday as another arctic blast hits the area.

Private AccuWeather forecaster said the cold snap could combine with a storm brewing off the Bahamas to bring snow and high winds to much of the Eastern Seaboard as it heads north on Wednesday and Thursday.

(Reporting by Brendan O’Brien in Milwaukee; Editing by Raissa Kasolowsky and Jeffrey Benkoe)

Listeria risk prompts Meijer to recall produce in six U.S. states

Listeria risk prompts Meijer to recall produce in six U.S. states

NEW YORK (Reuters) – Retailer Meijer Inc said it was recalling packaged vegetables in six U.S. states because of possible contamination from Listeria monocytogenes bacteria, which can cause fatal food poisoning in young children, pregnant women and elderly or frail people.

Meijer, based in Grand Rapids, Michigan, said there were no illnesses reported as of Sunday.

The recall affects 35 products and includes vegetables such as broccoli, cauliflower and asparagus as well as party trays sold in Meijer-branded plastic or foam packaging in Michigan, Ohio, Indiana, Illinois, Kentucky and Wisconsin between Sept. 27 and Oct. 20, the company said on Saturday.

In February, Meijer recalled its Meijer-branded Colby and Colby Jack cheese sold through its deli counters because of potential contamination with Listeria monocytogenes.

The U.S. Centers for Disease Control and Prevention estimated that 1,600 people develop a serious form of infection known as listeriosis each year, and 260 die from the disease, making it the third most deadly form of food poisoning in the United States.

“The infection is most likely to sicken pregnant women and their newborns, adults aged 65 or older and people with weakened immune systems,” the CDC said on its website. Symptoms include fever and diarrhea and can start the same day of exposure or as much as 70 days later.

(Reporting by Alwyn Scott; Editing by Lisa Von Ahn and Peter Cooney)

Judge halts Indiana abortion law targeting minors

FILE PHOTO: Healthcare activists with Planned Parenthood and the Center for American Progress pass by the Supreme Court as they protest in opposition to the Senate Republican healthcare bill on Capitol Hill in Washington, U.S., June 28, 2017. REUTERS/Joshua Roberts/File Photo

By Chris Kenning

(Reuters) – Indiana may appeal a U.S. court ruling that blocked parts of the state’s latest abortion law that critics said would deter girls under 18 from getting an abortion without parental approval, the state attorney general’s office said on Thursday.

U.S. District Court Judge Sarah Evans Barker issued a preliminary injunction late on Wednesday against portions of measure signed in April by Indiana Governor Eric Holcomb.

Indiana law already required parental consent for minors unless a judge provided a waiver known as a “judicial bypass.” The new law allowed the judge to notify parents if the waiver is granted, and was scheduled to take effect July 1.

Planned Parenthood of Indiana and Kentucky and the American Civil Liberties Union of Indiana sued to stop the law in May, arguing it created an unconstitutional burden on minors and would create a chilling effect.

Indiana Attorney General Curtis Hill is reviewing the ruling to determine whether to appeal, spokesman Corey Elliot said in an interview.

“Wednesday’s injunction essentially encourages a minor to go it alone through the emotionally and physically overwhelming procedure of aborting a human being,” Hill said in a statement.

“We will always support the authority of parents to know what is going on with their children.”

The judge also blocked provisions that barred abortion clinics from talking with teens about options in other states, and more stringent identification requirements for parents before their child gets an abortion.

“This decision affirms that the state must continue to provide a safe alternative for young women who – whatever their circumstances – are unable to talk to their parents about this difficult and personal decision,” ACLU of Indiana Legal Director Ken Falk said in a statement.

The Indiana State Department of Health recorded 244 abortions in 2015 of girls aged 10 to 17, roughly 3 percent of the state total.

The U.S. Supreme Court has held that a minor who is unable or unwilling to obtain parental consent for an abortion must be allowed to proceed if a judge determines that she is sufficiently mature to make the decision herself or that an abortion is in her best interest, the ACLU said.

(Reporting by Chris Kenning; Editing by Richard Chang)