“As Florida Gov. Ron DeSantis continues his culture war campaign against abortion providers and members of the LGBT community, prosecutors who choose to defy the governor’s edicts may soon find themselves out of a job.
Last Thursday, DeSantis signed an executive order suspending Hillsborough County State Attorney Andrew Warren, a progressive prosecutor who had previously pledged his office would not prosecute women seeking abortions or pursue criminal charges against those pursuing gender-affirming health care. “State Attorneys have a duty to prosecute crimes as defined in Florida law, not to pick and choose which laws to enforce based on his personal agenda,” DeSantis said in a statement.
Warren was first elected in 2016, defeating a longtime Republican incumbent with the support of liberal donor George Soros. Despite clashing with law enforcement over his refusal to prosecute minor offenses, Warren was reelected in 2020. Warren has said he will fight the governor’s suspension in court.
Article 4, Section 7 of the Florida Constitution allows the governor to suspend local officials for “malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony” and to appoint a temporary successor. The Florida Senate must approve a permanent removal from office and confirm the governor’s replacement appointments.
Previous governors have reserved that power for extreme cases of incompetence and malfeasance. In the last weeks of his governorship, then-Gov. Rick Scott, a Republican, suspended Broward County Supervisor of Elections Brenda Snipes, a Democrat, after her office came under fire for its mismanagement of the 2018 midterm elections.
Snipes was the second consecutive Broward elections chief to receive a pink slip from Tallahassee; her predecessor, Miriam Oliphant, had been suspended by then-Gov. Jeb Bush in September 2003 after a task force report investigating her disastrous handling of the 2002 elections* revealed countless administrative failures in the county elections office, including hundreds of uncounted ballots found in filing cabinets and a gravely understaffed office. Neighboring Palm Beach County also saw their elections supervisor, Susan Bucher, receive the boot in January 2019, this time from DeSantis. Snipes and Bucher both resigned from their positions.
DeSantis also suspended embattled Broward County Sheriff Scott Israel early in his tenure, after an investigation into the 2018 Marjorie Stoneman Douglas High School Shooting found Israel and the Broward Sheriff’s Office responded to the massacre with “incompetence” and “negligence.” He then appointed Coral Springs Sergeant Gregory Tony as Israel’s replacement. The Florida Senate officially removed Israel from office in October 2019.
However, suspending a prosecutor for using their discretion sets a troubling precedent. Many prosecutors across the U.S., including federal prosecutors, prioritize their resources to go after offenders who pose a threat to public safety and civil society. It is simply not possible for prosecutors to devote equal resources to every type of offense.
Even when prosecutors adopt policies that seem political, the governor has less extreme tools for making sure that justice is done. When former Orange-Osceola County State Attorney Aramis Ayala, a Democrat now running for state attorney general, announced that her office would no longer pursue the death penalty, Gov. Scott reassigned 30 murder cases to a different State Attorney, prompting Ayala to sue.
The Florida Supreme Court ruled that Scott’s decision to reassign cases from Ayala’s office was a legitimate use of the governor’s powers. “The executive orders reassigning the death-penalty eligible cases in the Ninth Circuit to King fall well ‘within the bounds’ of the Governor’s ‘broad authority,'” the majority opinion explained. DeSantis himself used that same ruling to reassign homicide cases from Ayala’s office in 2020. However, neither governor suspended or removed her from her position.
What’s more, DeSantis has declined to use his executive authority to suspend sheriffs who refused to enforce gun restrictions. Meanwhile, DeSantis has allowed state education officials to ignore federal anti-discrimination laws designed to protect LGBT students and teachers in Florida public schools.
Many lawmakers have expressed concerns that the suspension encroaches on the separation of powers between the governor and local governments in the state, something they see as contradicting DeSantis’ messaging advertising his vision of a “free Florida.”
“Removing a duly elected official should be based on egregious actions—not political statements,” Tampa Mayor Jane Castor tweeted in response to the governor’s executive order. Like many Democrats in the state, she believes that the governor is thwarting the will of voters in her city by suspending Warren. “In a free state, voters should choose their elected officials.””
“Idaho’s abortion trigger ban, which was passed in 2020 and is slated to go into effect on August 25, bans all abortions outright. Rather than offering a narrow list of exceptions, as other anti-abortion laws do, Idaho’s law simply provides an affirmative legal defense for doctors arrested and charged with performing abortions. If a doctor can prove by a “preponderance of the evidence” that “[he] determined, in his good faith medical judgment and based on the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman,” or if the physician has a copy of the patient’s police report of rape, such doctors cannot be found guilty of performing an illegal abortion. However, if doctors charged with providing abortions fail to meet this standard, they can face up to five years in prison.
“Laws will exist that ask [physicians] to deprioritize the person in front of them and to act in a way that is medically harmful,” Louise King, an OB-GYN at Brigham and Women’s Hospital in Boston, told NPR, referring to new abortion restrictions taking effect across the U.S. “The penalty for not doing so will be loss of license, money loss, potentially even criminal sanctions.” Idaho’s law would likely incentivize doctors to delay care for dangerous pregnancy complications until a woman’s death is imminent.
“When a hospital determines that an abortion is the medical treatment necessary to stabilize the patient’s emergency medical condition, it is required by federal law to provide that treatment,” Garland said during a press conference on August 2, noting that Idaho’s law “would subject doctors to arrest and criminal prosecution, even if they perform an abortion to save a woman’s life.”
The DOJ is suing Idaho over this law, arguing that its blanket ban on abortions, even when the procedure is necessary to save a woman’s life or preserve her health, violates federal law. The Emergency Medical Treatment and Labor Act (EMTALA) is a 1986 federal law requiring hospitals that receive Medicare funds (which includes the vast majority of hospitals) to provide stabilizing care to their patients before discharging them. The DOJ argues that by banning abortions when they are necessary to stabilize a patient’s medical condition (such as when an abortion prevents a deadly septic infection during an incomplete miscarriage or is necessary to begin treatment for newly diagnosed cancer), Idaho’s abortion ban violates federal law and, therefore, must be struck down in accordance with the Supremacy Clause of the Constitution.”
“Steering clear of disaster required some 20 straight hours of talks beginning Wednesday that taxed Labor Department coffee supplies, kept West Wing office lights burning through the early hours and left everyone involved bleary-eyed and largely sleepless.”
https://www.politico.com/news/2022/09/16/5th-circuit-upholds-texas-law-forbidding-social-media-censorship-again-00057316
“The 35-page complaint filed in U.S. District Court in Boston offers one of the most detailed accounts yet of how roughly 50 migrants found themselves on two planes that unexpectedly landed in Martha’s Vineyard last week, and trauma their new lawyers say they’ve suffered from their ordeal and from being thrust into the center of the national debate over immigration.
The plaintiffs include three Venezuelan migrants who boarded the planes to Martha’s Vineyard along with their family members as well as Alianza Americas, a Chicago-based advocacy group for Latino immigrant communities.
The complaint alleges that people working for DeSantis were “trolling streets outside of a migrant shelter in Texas and other similar locales, pretending to be good Samaritans offering humanitarian assistance,” including $10 McDonalds gift cards and free hotels while making “false promises and false representations” of employment, housing and educational opportunities awaiting the migrants in either Boston or Washington, D.C.
They were also allegedly told they would receive assistance with their immigration proceedings at their final destination and were “intentionally sequestered” before their departure from Texas “so they could not discuss the arrangement” and so that the migrants “would be less likely to leave or change their minds.”
Instead, the migrants were flown to Martha’s Vineyard off the coast of Massachusetts, where “no one” on the island or “anywhere in Massachusetts” knew they were coming. They were given pamphlets “lifting language” from the state’s Refugee Resettlement Program — which the lawsuit argues none of the migrants are eligible for. And the people who recruited the migrants for the flights were “unreachable by phone” after they landed in Massachusetts.
“These immigrants, who are pursuing the proper channels for lawful immigration status in the United States, experienced cruelty akin to what they fled in their home country,” the plaintiffs argue. “Defendants manipulated them, stripped them of their dignity, deprived them of their liberty, bodily autonomy, due process, and equal protection under law, and impermissibly interfered with the federal government’s exclusive control over immigration in furtherance of an unlawful goal and a personal political agenda.””
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“DeSantis has continued to defend his actions, claiming last week that the migrants voluntarily boarded the flights and weren’t coerced. He has argued that Florida’s Republican-led Legislature approved $12 million to transport migrants out of the state, though Democrats have claimed the flights are improper uses of the allocated funds.”
“Using data for 2010 through 2019, Aubry and Carr looked at the relationship between prescription opioid sales, measured by morphine milligram equivalents (MME) per capita, and four outcomes: total drug-related deaths, total opioid-related deaths, deaths tied specifically to prescription opioids, and “opioid use disorder” treatment admissions. “The analyses revealed that the direct correlations (i.e., significant, positive slopes) reported by the CDC based on data from 1999 to 2010 no longer exist,” they write. “The relationships between [the outcome variables] and Annual Prescription Opioid Sales (i.e., MME per Capita) are either non-existent or significantly negative/inverse.”
Those findings held true in “a strong majority of states,” Aubry and Carr report. From 2010 through 2019, “there was a statistically significant negative correlation (95% confidence level) between [opioid deaths] and Annual Prescription Opioid Sales in 38 states, with significant positive correlations occurring in only 2 states. Ten states did not exhibit significant (95% confidence level) relationships between overdose deaths and prescription opioid sales during the 2010–2019 time period.””
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“Yet the CDC is still pushing the narrative that more opioid prescribing means more opioid-related deaths.”
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“In light of what has happened since 2010, Aubry and Carr say, relying on those outdated numbers is highly misleading. They say the CDC’s advice “should be corrected/updated to state no direct correlation has existed” between prescription opioid sales and drug-related deaths or treatment admissions since 2010, and “individualized patient care and public health policy should be amended accordingly.””
“many Fed watchers say some of the root causes of inflation lie outside the central bank’s control, like the U.S. labor shortage, global supply chain snags and Russia’s war on Ukraine. They’re raising concern that higher rates could crimp growth without leading to much relief on prices — a point that Sen. Elizabeth Warren (D-Mass.) has hammered away at Powell for months.”
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“Markets are expecting rates to rise nearly 2 more percentage points by the end of the year. That would bring them to a level that is more normal by historical standards — the Fed’s main borrowing rate would sit above 4 percent — but is staggeringly high compared to the near-zero rates that have mostly prevailed for more than a decade.”
https://www.politico.com/news/2022/09/20/trump-special-master-judge-mar-a-lago-00057805