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The political and judicial world were turned upside down on Friday following the death of Justice Ruth Bader Ginsburg. While many questions remain in Washington, like whether President Donald Trump has the votes to replace Ginsburg before the election, one thing is clear: issues will come before the Supreme Court very soon.HEALTH CARE ARGUMENTS IN NOVEMBERWhile election issues are expected, the future of the Affordable Care Act is an issue guaranteed to come up before the Supreme Court soon. A hearing is set to take place one week after the election regarding whether the law can be struck down. Essentially, Republicans from around the country believe that the only reason the Supreme Court upheld the law in 2012 was because the opinion said Congress has the power to tax. Since that time, however, Trump has removed the tax penalty for not having health insurance. The thinking from some conservatives is that since the tax penalty is gone, the entire law can be struck down now, too. WHERE THE COURT STANDS Prior to Ginsburg's death, the general thinking was that the law would still stand. It faced a challenged in 2012, but Chief Justice John Roberts sided with four liberal justices to uphold it. With Ginsburg's passing, there are only three liberal justices on the court. If Roberts joins the liberal justices it would create a 4-4 tie. "If there is a 4-4 split on the court, then no precedent is set and whatever the lower court decided stands," Professor Paul Schiff Berman with George Washington University said. That would mean parts of the Affordable Care Act can be struck down since lower courts have already ruled in that way. If Trump is able to get another nominee on the court before the hearing, it would only make the court more conservative. Berman cautioned though that other conservatives could potentially join the liberals on this case since the lawsuit's legal standing is murky. Still, the future of the Affordable Care Act is in more jeopardy today than it was last Thursday. 2020
The pandemic has raised awareness about convalescent plasma donation to treat coronavirus patients. But for hundreds of thousands of people who rely on regular plasma infusions to survive, a looming shortage is raising alarm bells.Mother, wife and rare disease advocate Deborah Vick lives with myasthenia gravis, a neuromuscular disorder that disrupts nerve to muscle communication.“The messages are no longer being able to reach the muscles to make them work--whether that is to walk or move or swallow or breathe--it's all interconnected,” described Vick.There is no cure, so every two weeks, she requires plasma infusions.“Being in crisis is the worst time to have to wait for treatment,” she explained. “I know, for me, my treatments are every two weeks and days before my treatment starts, my breathing is extremely labored.”Many types of primary immunodeficiency disorders like Vick’s result in an inability to produce antibodies or immunoglobulin to fight off infection.“There's about 250,000 of us in the United States alone,” said John Boyle, president and CEO of the Immune Deficiency Foundation.Canceled drives and fear of COVID-19 exposure, he says, have contributed to a drop in plasma donations for non-COVID therapy.This comes as the Red Cross says hospital distributions of convalescent plasma have increased 250 percent in November compared to September.“To not meet the rising demand is one thing, but to actually have less plasma is potentially very, very, very problematic,” said Boyle.Experts say it takes seven to 12 months to turn around plasma for patient infusion therapies. We are now nine months into the pandemic and a crisis say some could be around the corner.“There is a growing concern about the ability to meet patient clinical need,” said Amy Enfantis, president and CEO of the Plasma Protein Therapeutics Association.She says while the call for convalescent plasma therapies for COVID-19 has raised awareness, there is still an increased need for other rare-disease patients.“Our companies are making therapies every day for patients who have a perpetual need for plasma,” said Enfantis. “And that is ongoing regardless of a pandemic.”For those who rely on plasma donation and infusion treatment like Vick, it could mean the difference between life and death.“The biggest fear is not having the treatments that keep me alive. I mean, reality is I don't know what kind of life I will have, if any, how it will function without my infusions.”It’s why so many are hoping those who can, will give. 2536
The Nathan’s Famous Hot Dog Eating Contest had a different look and smaller field on Saturday. Instead of being held outside in front of thousands of screaming spectators, it was conducted inside with a limited number of officials. The field was also much smaller as travel restrictions kept some competitive eaters away from the venue.But present were the two reigning champions who have dominated the contest in recent years, and they did not disappoint.Joey Chestnut won his 14th Nathan’s Hot Dog Eating Contest in the last 15 years by consuming 75 hot dogs, marking a world record. The only competitor in the last 15 years to beat Chestnut, Matt Stonie, was among those unable to compete due to New York’s travel restrictions.Chestnut also became the first competitor to consume 1,000 hot dogs over the lifespan of the annual Fourth of July contest.Miki Sudo set a new women’s world record by consuming 48.5 hot dogs in 10 minutes on Saturday, surpassing Sonya Thomas’ marker of 45 hot dogs. Sudo, 34, won her seventh consecutive title on the women’s side. 1069
The investigation into the Uber crash that killed a Phoenix?homeless woman is still in its early stages. But preliminary reports from Tempe police show the victim, Elaine Herzberg, 49, was jaywalking when the self-driving car hit her on Mill Avenue near Curry Road Sunday night.However, it raises an important question. Who is responsible if there is a law broken by one of these robotic vehicles?Phoenix attorney James Arrowood studies driverless car technology and the law. He also teaches a course on driverless cars to other attorneys in for The State Bar of AZ.He said, unfortunately, this was bound to happen because technology isn't foolproof. "The good news out of this particular tragedy is we will have more information than we have ever had in an auto accident," Arrowood said. "We'll have sensors and cameras (data)."But when it comes to liability, Arrowood said Governor Doug Ducey's executive order requires driverless cars to follow the same rules of the road as any driver in Arizona, plus more."It specifies that if a company operates an autonomous vehicle, it has to comply with all of the traffic safety laws, in addition to extra parameters for autonomous vehicles," Arrowood said.That means "no driver" does not mean "no fine.""So if one of the (Uber) autonomous vehicles were to be speeding, then Uber would get a ticket for speeding," Arrowood said.Arrowood says where it gets cloudy is the civil liability. Under normal circumstances in a traffic crash, a plaintiff could go after a driver, the carmaker and maybe a company like the tire manufacturer if there was a blowout, for example."You had a limited universe," Arrowood said. "Now with autonomous vehicles, we don't know how deep that universe goes. For instance, could the municipality, could the government have some responsibility for permitting those cars on the road or for not having sensors in place?"Arrowood said although the Tempe crash is a tragedy, the public has to remember the technology isn't perfect or magical, and it's virtually impossible to avoid every collision. The goal is to reduce injuries and death. 2173
The Pittsburgh Steelers have placed four more players on the COVID-19 list, including quarterback Ben Roethlisberger. According to the Associated Press, a player is added to the reserve/COVID-19 list if they have tested positive for the virus or have been in close contact with someone who has it.The move comes a day after tight end Vance McDonald went on the list after testing positive following a 24-19 win at Dallas that pushed the Steelers to 8-0. Running back Jaylen Samuels, offensive lineman Jerald Hawkins, and linebacker Vince Williams joined Roethlisberger on the list Tuesday.According to ESPN, the players are considered high-risk contacts, so they must isolate for five days after their last contact with McDonald, and they can't be at the team's practice facility during those five days.The team will test the players throughout the week before they are deemed eligible to play against the Cincinnati Bengals on Sunday, ESPN reported.According to ESPN, Roethlisberger has been seen not wearing a mask when talking to McDonald while on the sidelines. The teammates also have lockers close to each other. Roethlisberger has not tested positive, ESPN reported.For the first time in the team’s history, the Steelers are 8-0. 1244