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A federal judge in Mississippi expressed deep skepticism on Tuesday about a state law that bans abortion as early as six weeks of pregnancy, sending a signal that attempts across the country to pass near total bans on abortion might not easily withstand judicial scrutiny.During a hearing, US District Judge Carlton Reeves expressed anger at times, especially over the fact that the law has no exception for rape or incest. He pointed out that six months ago he struck down a 15-week ban and the legislature responded with an even more restrictive law, suggesting the new law "smacks of defiance" to the court."You said, 'We can't do 15 weeks so by God we will do six weeks,'" Reeves said at one point. He then rhetorically asked if the state legislature would call a special session and then pass a four-week or two-week ban.Supporters of abortion rights say the law collides with Supreme Court precedent, violating a woman's right to seek an abortion prior to viability.The hearing comes as emboldened Republican-led states across the country are attempting to push through restrictive laws with the hope of overturning or cutting back on the landmark 1973 opinion, Roe v. Wade. Similar six-week bans have been introduced in 15 states although none are currently in effect.Last fall, Reeves struck down the Mississippi law that banned abortions after 15 weeks of pregnancy, holding that the state was "wrong on the law" and that its Legislature's "professed interest" in women's health amounted to "pure gaslighting."Tuesday, the judge also read out loud part of the Supreme Court's 1992 ruling in Casey v. Planned Parenthood, the decision which upheld the core holding of Roe v. Wade.Reeves asked if the Supreme Court had ever sustained a "previability" ban and he noted that sometimes a woman does not even know she is pregnant as early as six weeks.At the end of arguments, just before he said he would take the case under advisement, Reeves pressed the state on the fact that the law had no exception for rape or incest."So a child who is raped at 10 or 11 -- who has not revealed to her parents that the rape has occurred... the child must bring this fetus to term under the statute?" he asked.In court papers, Hillary Schneller of the Center for Reproductive Rights, representing the Jackson Women's Health Organization, said that at six weeks "no embryo is capable of surviving for a sustained period outside the womb, with or without medical intervention." She pointed out that women who are breastfeeding or who use hormonal contraceptives may not realize they have missed a period."The Supreme Court has reaffirmed many times over nearly 50 years, and as recently as 2016, that a woman has the right to decide whether to continue her pregnancy at any point before viability," said Schneller.The law is slated to go into effect on July 1. State officials, including Thomas E. Dobbs of the Mississippi State Health Office, say it was passed to further the state's interest in regulating the medical profession in order to "promote respect for life."They acknowledge Supreme Court precedent on viability but argue that once a fetal heartbeat is detected, the "chances of the fetus surviving to full term are 95%-98%."The law is meant to "prohibit procedures that destroy the life of a whole, separate, unique living human being," the officials say in court papers. It does not amount to a total ban on abortion in part because sometimes a fetal heartbeat is not detectable until as late as 12 weeks, particularly if an abdominal ultrasound is performed, they argue.Because the bill allows for exceptions, it can't be compared to previous opinions, Mississippi argues. Since 1992, the 5th US Circuit Court of Appeals "has not decided a case involving a law which prohibited some but not all abortions, and has not considered a law that restricts abortions based on the existence of a fetal heartbeat or beyond a specific gestational age," the state says."Instead of banning abortion, S.B. 2116 regulates the time period during which abortions may be performed," the filing adds. "As such, it is akin to laws regulating the time, place, or manner of speech, which have been upheld as constitutional.Asked by Reeves about the fact that the Supreme Court has yet to down a previability law, a state lawyer responded in court by saying the '"fact that it hasn't happened yet" doesn't mean that it would not.Reeves displayed a keen understanding of the current composition of the court and even made clear that he had been paying attention last week when the conservative majority struck down some 40-year-old precedent in a case unrelated to abortion. He wondered out loud if that decision, and other recent ones where the conservatives struck precedent in the area of voting rights, campaign finance and labor unions should impact his thinking. 4861

A historic Oklahoma trial that will test whether a state can make a pharmaceutical company pay for the opioid epidemic will resume Wednesday with the testimony of the father of Austin Box, a 22-year-old linebacker for the Sooners who died of an overdose.Oklahoma Attorney General Mike Hunter in opening statements Tuesday accused drugmakers of a "cynical, deceitful, multimillion-dollar brainwashing campaign to establish opioid analgesics as the magic drug."The trial is expected to lay a road map for other states and municipalities in holding drugmakers accountable for what Hunter told the court was "the worst man-made public health crisis in the history of our country and the state -- the prescription opioid epidemic.""To put it bluntly," he said, "this crisis is devastating Oklahoma."Outside court, Hunter told reporters, "Our evidence is going to show clearly and irrefutably that these companies worked together and that Johnson & Johnson was in it up to their neck."Hunter told the court that 4,653 Oklahomans died of unintentional overdoses involving prescription opioids from 2007 to 2017, and that there were more than 28,000 admissions for opioid and heroin treatment through state services from 2012 to 2018.Oklahoma ranked seventh in the nation for prescription pain reliever abuse for children between the ages of 12 and 17 in 2013, and hundreds of babies are diagnosed with opioid-related neonatal abstinence syndrome each year."The pain, anguish and heartbreak (of) Oklahoma families, businesses, communities and individual Oklahomans is almost impossible to comprehend," Hunter told the court."How did this happened? At the end of the day, your honor, I have a short, one-word answer: greed."The attorney general said evidence will show that drug companies "in their zeal to provide a magic drug ... ignored centuries of experienced, well-documented scientific histories of deadly addiction epidemics.""Judge, money may not be the root of all evil, but I've learned this. ... Money can make people and businesses do very bad things."Hunter and his team have focused their efforts on Johnson & Johnson, alleging the company acted as a drug "kingpin," created a public nuisance and cost the state billions of dollars, destroying thousands of lives in the process. Johnson & Johnson and its subsidiary company, Janssen Pharmaceuticals, have vehemently denied the allegations and said the public nuisance accusation is being misused.Defense lawyer Larry Ottaway, in laying out the case for Johnson & Johnson and Janssen, cited John Adams' famous quote -- "Facts are stubborn things" -- to criticize allegations made by the state of Oklahoma.Ottaway said that in 2009, when Janssen said opioids were rarely addictive, the Food and Drug Administration also said the drugs "rarely caused addiction." He played a video that encouraged children to avoid taking the prescription drugs of others and concluded, "Jansen is not marketing opioids to kids."After the lunch break, Ottaway said he would not demean or question the pain of addiction, but called serious chronic pain "a soul-stealing, life-robbing thief.""It leads to depression," he said. "It leads to suicide."One in five American adults suffer from chronic pain, according to the CDC, which estimates 0 billion in losses to pain each year, Ottaway said."Janssen did not invent this disease," he said, but is trying to treat it.He noted the opioid deaths reflected in the state's chart did not differentiate between those taken as prescribed. He cited the CDC report the chart is based on as concluding that "states as regulators have the responsibility and authority to monitor and correct illegal prescribers."Ottaway cited a CDC report that stated, "Public health interventions to reduce prescription drug addiction must strike a balance between reducing misuse and abuse and safeguarding legitimate access to treatment."Referring to bouts of chronic pain, he said, "it is the memory of what it was like to be pain free that gets us through those times. I want everyone to think of what it would be like if, instead of going away, that pain stayed with a person every day, every hour, every week, every year and never went away."Ottoway concluded his opening Tuesday afternoon, noting that the total documented cases of addictions or death attributed to one of the Janssen medications in the case amounted to "zero.""Janssen's conduct was not a nuisance," he told the court. "They provided medically necessary medications. ... They were lawfully (prescribed) by doctors in the state of Oklahoma."He said the state needs to prove that Janssen's marketing statements were misleading, that doctors acted on that and that patients took the drug as prescribed and became addicted or died."How much proof of that will you hear in this case? None," Ottaway said.In a statement ahead of the trial, Janssen said its "marketing and promotion of these important prescription pain medications were appropriate and responsible. The FDA-approved labels for these prescription pain medications provide clear information about their risks and benefits. The allegations made against our company are baseless and unsubstantiated."Brad Beckworth, a private attorney hired by the state, told the court the far-reaching opioid crisis caused by prescription drugs breaks up marriages, rips apart families, has cost the nation 0 billion and "tears apart our community here in Oklahoma at the very seams.""This opioid crisis, this public health crisis we're in," he said, "it is a man-made crisis, but the evidence will show this crisis is a drug company-made crisis, and one of the causes is sitting right here to my right -- Janssen and Johnson & Johnson. Make no mistake about it."The drugmakers marketed their lethal products to anyone and everyone, Beckworth said.He said the damage was staggering: 135 opioid pills were available for every adult in Cleveland County, Oklahoma -- the site of the trial; 139,359 years of life were lost as a result of overdose deaths of prescription opioids; 149,183 sales visits were made to doctors in Oklahoma between 1999 and 2005.Beckworth likened Johnson & Johnson to OxyContin maker Purdue Pharma, and said the drug giants were in a competition over opioids."If you oversupply," he repeated over and over, "people die."Quoting a song from the musical "Annie Get Your Gun" -- "Anything you can do, I can do better" -- Beckworth described Johnson & Johnson as mirroring Purdue in finding ways to get people to start taking its drug and keep taking it."Johnson & Johnson was in a race with Purdue to do the same things," he said.The state's first witness, Dr. Julio Rojas, whose specialty is treatment of substance abuse disorders, testified that opioid addiction drastically changes the brain and can be fatal.Hunter has said his team scoured millions of documents from Big Pharma and conducted hundreds of depositions of officials that will prove his case. "We are even more convinced than we were when we began this enterprise that these companies are the proximate cause for the epidemic in our state and in our country," he said.The attorney general has long considered himself a Reagan Republican who believes in big business. But he said this case has made it clear to him that sometimes "companies do bad things" and when they do, the chief law enforcement officer must act to "protect the people of their state.""When thousands of people die from drug overdoses attributable to prescription drugs, when you have hundreds of thousands of people who are addicted," Hunter said, "public nuisance law is the best and most efficient way for you to protect the people of your state."Hunter filed the case in the summer of 2017. He scored two major settlements ahead of the trial: 0 million from Purdue Pharma, and another million from Teva Pharmaceuticals, one of the biggest makers of generic drugs. The companies settled without admission of any wrongdoing.The Oklahoma trial is the first major trial of nearly 2,000 cases around the country in which states, cities and hard-hit local municipalities are seeking to hold opioid makers accountable for the epidemic that has left hundreds of thousands of Americans dead and strapped resources in every state.The case is being heard by state Judge Thad Balkman."It's always important when it's the first trial of this sort," said Carl Tobias, a law professor at the University of Richmond. "It could provide a road map for other states in pursuing relief from the companies they want to hold responsible."He said legal scholars were paying close attention to it because of the precedent the case could set, including affecting a federal trial later this year that has folded together more than 1,500 cases. He said Purdue and Teva clearly didn't want the Oklahoma case to reach trial due to the potential of being held responsible for billions of dollars in damages if they had gone before the judge.Tobias also said the Oklahoma attorney general's decision to pursue a public nuisance accusation against Johnson & Johnson is an interesting one because the charge is typically reserved for environmental cases, such as toxins spilling into a river by a company."This is an interesting twist on the idea of public nuisance," Tobias said.In a statement to CNN, Johnson & Johnson vowed to defend itself vigorously. The company said public nuisance disputes in Oklahoma have often been limited to those "involving property or public spaces -- for example, to remedy an intrusion from an overgrown hedge.""The State ignores this well-established law and now argues that public nuisance allows them to compel any party allegedly contributing in any measure to a social problem to fund all programs that state administrators dream up to address it," the company said. "This is not and should not be the law. It threatens every company and industry doing business in the State of Oklahoma."In one filing, the Oklahoma attorney general said his case will demonstrate that Johnson & Johnson "acted as the kingpin behind this Public Health Emergency, profiting at every stage.""The public," Hunter said, "deserves to know the face and name of the source, supplier and kingpin responsible for flooding and infecting this country with an unprecedented surplus of deadly drugs..."Johnson & Johnson is best known for its baby powder, but the company for years marketed the extended-use opioid pill Nucynta, which it sold for billion in 2015.Hunter said the public deserves to know whether the company deliberately targeted children, the elderly and veterans for opioid painkillers, and whether it blocked legislation and regulatory action aimed at limiting opioid availability. In its statement, Johnson & Johnson said the company "did not market opioids to children, and the State's suggestion to the contrary is false and reckless."Hunter also alleges that Johnson & Johnson used two subsidiaries, Tasmanian Alkaloids and Noramco, that "created, grew, imported and supplied to J&J and its other co-conspirators, including Purdue, the narcotic raw materials necessary to manufacture the opioid pain medications thrust upon the unsuspecting public since the 1990s."Johnson & Johnson called such accusations false. "The State ignores basic facts. Johnson & Johnson did not manufacture, sell, or market the FDA-approved medicines made by other companies that used 11488

A 4-year-old Iowa girl who went to blind in December after complications from the flu regained her vision, CNN reported on 135

“I reached out ... to find out what it would cost to financially support people who aren’t going to be able to come to work.” –Mark Cuban on his plan for Mavericks employees during the NBA suspension pic.twitter.com/McOl1vHUqO— ESPN (@espn) March 12, 2020 268

A 5-year-old boy with a brain tumor will get back his bejeweled replica wrestling belt after a pair of repentant thieves learned of his plight.For the Vicks of Seaford, Delaware, professional wrestling is "a family affair," according to Timothy Vick Sr., whose son Timmy, who has autism, was diagnosed with the tumor in October. "It's just a big family thing."Timmy's parents sought to soften news of the illness by saving money to purchase a special gift for the boy: a replica WWE championship title belt.To make the belt appear more authentic, the parents connected via Facebook with belt designer Sergio Moreira in Washington.Moreira said he offered to do work free of charge, replacing the plastic gems with cubic zirconia and thickening the plates."It'll be as close to the original belt that he sees on TV every say than any other belt he could buy in the market," Moreira said.The Vicks shipped the belt across the country, with the package being left on Moreira's porch earlier this week. His door view camera then captured two thieves stealing the package.But days after police released images of the thieves and local media told Timmy's story, the two women returned to Moreira's home with the belt and a four-page handwritten note of apology."They said they were homeless drug addicts and thought they could make a few extra dollars off of whatever was in the boxes," he recalled."I could see the look on their faces, that they were very, very sad and they had been crying."Moreira said he hugged the women and asked them to take care.He said he would be hesitant to file charges as long as the women seek help."I don't see any other way to do it because everybody has something in their lives they're dealing with," he said.The note from the women said, "We are so sorry for taking your stuff. Never in a million years would I have stolen from a sick five-year-old myself and am ashamed of what I did."The Edgewood Police Department in Washington posted a photo of the wrestling belt on Facebook this week with the message, "Talk about restoring your faith in humanity!" 2095

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