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Legal news from Wednesday, October 24, 2012 |
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Supreme Court allows stay of execution for mentally ill Florida man
Keith Herting on October 24, 2012 10:00 AM ET

[JURIST] The US Supreme Court [official website] opted Tuesday not to act [text, PDF] on a request to vacate a last-minute stay of execution order issued by the US Court of Appeals for the Eleventh Circuit [official website], meaning the execution will not be carried out at least until next month. The determination not to act on this most recent order to stay the execution concluded a series of contradictory last-minute orders volleyed between the courts regarding the execution of 64-year-old John Errol Ferguson, which had been scheduled to take place on Tuesday evening. The request to vacate the stay of execution came from the state of Florida which had appealed to the high court after the Eleventh Circuit issued a last-minute stay. Prior to that order, the Eleventh Circuit had overturned a lower-court stay of execution [JURIST reports] before finally delaying the execution so that it could hear motions in the case.
The question at issue is whether Ferguson, who was convicted in the 1970s of eight killings in south Florida, has the mental competency to be executed. Ferguson is a paranoid schizophrenic who suffers from psychotic delusions that he is the "prince of God." In September Florida Governor Rick Scott [official website] signed a death warrant [text] for Ferguson, setting his execution date for Tuesday. Also in September, following the issuance of the death warrant, Ferguson's lawyers argued that he is not mentally competent to be executed, Scott temporarily stayed the execution [text, PDF] and appointed three psychiatrists to examine Ferguson. The psychiatrists issued a joint report declaring Ferguson to be sane for execution and Scott subsequently lifted the stay.


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Federal appeals court blocks Indiana abortion funding bill
Matthew Pomy on October 24, 2012 9:52 AM ET

[JURIST] The US Court of Appeals for the Seventh Circuit [official website] on Tuesday upheld [opinion, PDF] an injunction [JURIST report] on an Indiana law [text] that would block Medicaid funding for abortion providers. The court found that the law, which would block federal and state funding to all "entities which perform abortions," violated the Medicaid statute [text] because it unjustifiably limited patient choice of health care providers. Even though federal and state funding may not be used for abortions after the Hyde Amendment [backgrounder, PDF], Indiana lawmakers sought to remove all support to entities that provide abortions regardless of the source of the funding. Planned Parenthood of Indiana [advocacy website] argued that not only did the bill violate the statute but that it was also unconstitutional. While the court rejected the constitutional claim, it held that:Although Indiana has broad authority to exclude unqualified providers from its Medicaid program, the State does not have plenary authority to exclude a class of providers for any reasonmore particularly, for a reason unrelated to provider qualifications. ... The defunding law excludes Planned Parenthood from Medicaid for a reason unrelated to its fitness to provide medical services, violating its patients' statutory right to obtain medical care from the qualified provider of their choice. The injunction allows Planned Parenthood to continue serving its Medicaid patients pending a reversal on appeal. The ruling was welcomed by the American Civil Liberties Union, while Indiana Attorney General Greg Zoeller said his office is reviewing the opinion [press releases] to determine how to proceed.
Reproductive rights [JURIST backgrounder] remain a controversial issue across the US, with similar law being passed in other states. Last week a federal judge blocked a similar bill [JURIST report] that would have defunded Planned Parenthood in Arizona. Planned Parenthood in Texas asked a federal district court last month to reconsider its August ruling that upheld a Texas defunding statute [JURIST reports]. In July, the Center for Reproductive Rights [advocacy website] released a report detailing all of the abortion laws passed in 2012.


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