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Legal news from Saturday, October 27, 2012




Pennsylvania judge rejects request for expedited ruling on voter ID ads
Jaimie Cremeans on October 27, 2012 3:06 PM ET

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[JURIST] A judge for the Pennsylvania Commonwealth Court [official website] on Friday rejected [order, PDF] a request to expedite briefing on a challenge to voter ID advertisements. The plaintiffs, which include civil rights groups such as the League of Women Voters (LWV), the National Association for the Advancement of Colored People and the Homeless Advocacy Project [advocacy websites], are seeking an injunction [LWV press release] against voter ID ads that they allege are disseminating false information. The ads being challenged remind people to show their IDs when they go to vote, even though the court ruled [opinion, PDF; JURIST report] earlier this month that the new law requiring photo ID will not go into effect before the upcoming elections. The judge has already reduced the time allowed for the state to respond to six days instead of the standard 30 days. He said in his order that since the plaintiffs' request for an injunction brings up new legal issues, he "felt it was prudent to afford respondents sufficient time to contemplate" them. The state must respond by next week and then the court will make a ruling.

Voter ID laws have been a controversial issue this election year as many states have passed laws similar to Pennsylvania's. On Friday the Tennessee Court of Appeals rejected a challenge [JURIST report] to the state's voter ID law but upheld public library cards as a legitimate form of ID. Earlier this month a federal district court upheld [JURIST report] South Carolina's voter ID law but ruled that it cannot take effect until 2013. That same week, Mississippi's attorney general said that state's law will not take effect [JURIST report] before this year's elections because it must be approved by the US Department of Justice (DOJ) [official website]. The DOJ last month approved New Hampshire's law [JURIST report] requiring photo ID to be used in this year's election, but voters who cannot produce a photo ID will still be permitted to vote if they sign an affidavit and allow a picture to be taken of them at the poll.




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France lawmakers approve bill to pay for abortions, contraceptives for minors
Jaimie Cremeans on October 27, 2012 2:15 PM ET

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[JURIST] The French National Assembly [official website, in French] on Friday approved a bill that would reimburse women for all abortions and make contraceptives available for free to minors. France already fully pays for abortions for minors and low-income women, but this bill would reimburse all women [AP report] up to € 450 (USD $580) for abortions. It would also pay for contraception for minors from age 15 to 18. The bill will now be sent to the Senate, where it is expected to pass.

Although abortion is not a highly controversial topic in France, where it has been legal since 1976, it is a very controversial issue in other countries. Earlier this week, a US appeals court refused to reconsider [JURIST report] its decision to uphold a Texas law that cut off funding to clinics affiliated with abortion providers. Also this week, Uruguay's president signed a bill [JURIST report] legalizing abortion with no restrictions for the first 12 weeks of pregnancy. In August South Korea's Constitutional Court [official website, in Korean] upheld a 59-year ban [JURIST report] on abortion as constitutional.




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Federal appeals court orders Argentina to pay more than $1 billion to investors
Max Slater on October 27, 2012 11:11 AM ET

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[JURIST] The US Court of Appeals for the Second Circuit [official website] ruled [opinion, PDF] on Friday that Argentina must pay $1.33 billion to bondholders when it repays its debts stemming from an economic collapse a decade ago. The Second Circuit affirmed a district court ruling that Argentina breached a promise when it prioritized paying holders of its restructured debt over the bondholders who held its defaulted debt. The appeals court rejected a dozen appeals by Argentina, including a claim that forcing it to repay the bondholders would lead to another economic collapse:
[N]othing in the record supports Argentina's blanket assertion that the Injunctions will "plunge the Republic into a new financial and economic crisis." ... Argentina makes no real argument that, to avoid defaulting on its other debt, it cannot afford to service the defaulted debt, and it certainly fails to demonstrate that the district court's finding to the contrary was clearly erroneous.
The Second Circuit remanded the case to the US District Court for the Southern District of New York [official website] for further proceedings consistent with its decision.

In August the Second Circuit rejected [JURIST report] Argentina's attempt to prevent bondholders from acquiring bank documents regarding the country's assets outside US territory, declaring that sovereign immunity was not an acceptable defense in this case. In September 2011 the US District Court for the Southern District of New York ruled [JURIST report] that Argentina had to comply with subpoenas requested by NML Capital Ltd. [corporate website], one of the bondholders of Argentina's debts, for the collection of five money judgments totaling about $1.6 billion.




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Planned Parenthood sues Texas regarding low-income health program
Max Slater on October 27, 2012 10:07 AM ET

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[JURIST] Planned Parenthood [official website; JURIST news archive] filed a lawsuit [press release] on Friday in Texas court arguing that a rule [Affiliate Ban Rule, PDF] forbidding any clinic affiliated with abortion providers from receiving public funds violates Texas state law. The lawsuit, filed in Travis County Court [official website], claims that a state law that denies funding to any organization participating in the state's Women's Health Program [official website] that performs abortions contradicts a provision in Texas's Human Resources Code [Chapter 32, text]. Planned Parenthood contends [YNN report] that Chapter 32 does not authorize the Texas legislature to adopt the Affiliate Ban Rule because the federal government did not previously approve the Rule. In the press release, Planned Parenthood warned of the negative consequences that the Affiliate Ban Rule would have on women in Texas seeking health care:
If Planned Parenthood is banned from the Women's Health Program, it will jeopardize health care access for tens of thousands of Texas women. Research demonstrates community health centers would have to greatly expand their in order to offset the loss of Planned Parenthood from the program, which research shows is nearly impossible after cuts to women's health enacted in 2011.
Texas Governor Rick Perry [official profile] announced [statement] that the state would ultimately prevail against Planned Parenthood's legal challenge. The Affiliate Ban Rule is scheduled to take effect on November 1.

This is the latest development in the ongoing reproductive rights controversy [JURIST backgrounder] in the US. On Thursday the US Court of Appeals for the Fifth Circuit declined to reconsider its August decision to allow Texas to defund Planned Parenthood [JURIST reports]. The US Court of Appeals for the Seventh Circuit on Tuesday upheld an injunction [JURIST report] against an Indiana law that would block Medicaid funding for abortion providers. Last week a federal judge blocked a similar bill [JURIST report] that would have defunded Planned Parenthood in Arizona. In August the Fifth Circuit upheld Louisiana's Act 490, which allows the Department of Health and Hospitals (DHH) to revoke an abortion clinic's license [JURIST report] immediately after a regulation violation, rather than allowing the abortion clinic time to comply with the regulation. That same month, a Kansas judge refused to dismiss a lawsuit [JURIST report] challenging the state's new abortion clinic regulations after state officials asked that they be upheld without a trial. In July a federal judge blocked a Mississippi law [JURIST report] that would have effectively shut down the state's only abortion clinic.




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