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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 parents of Payton Summons, who was declared brain-dead, have been granted more time to keep their 9-year-old on a ventilator at a Fort Worth, Texas, hospital.Lawyers for Payton's family filed a new request on Monday to extend a temporary restraining order that would keep her on the machine at Cook Children's Medical Center. The order has been extended until next Monday at 6 pm, according to Justin Moore, a lawyer for Payton's family.A previous temporary restraining order against Cook Children's Medical Center was scheduled to expire Monday afternoon after Judge Melody Wilkinson of the 17th District Court of Texas denied a request last week to extend it."The parents want to keep on fighting," Moore, told HLN's "Michaela" on Thursday."It's probably the hardest case I've ever had to deal with in my young career," he said. "Just to see this particular situation where parents are just fighting tooth and nail and they're not gaining an inch at all, it's just heartbreaking."Payton has been on the ventilator at Cook Children's Medical Center since late September, after she went into cardiac arrest due to a large tumor in her chest.Last month, she was staying overnight with her grandmother when she suddenly woke up, "screamed for her grandmother to help her and said that she couldn't breathe ... then she collapsed," Payton's mother, Tiffany Hofstetter, told CNN affiliate KTVT in September.Payton was transported to the hospital, and doctors established a heartbeat but put her on a ventilator because she was no longer breathing.She was confirmed brain-dead after a test determined that she did not have brain activity."Brain death, by definition, is irreversible," CNN Chief Medical Correspondent Dr. Sanjay Gupta said in 2014."In the United States and most places, it is legally synonymous with death -- the same as if your heart stops," he said. "But brain death means a total loss of brain activity."Under Texas law, a person is considered dead when they have suffered an irreversible loss of all brain function, the hospital said in a statement in September, according to KTVT."Per our protocol and national pediatric medical standards, a second brain death exam was scheduled to take place by a different physician within 12 hours of the first to complete the legal process of declaring Payton deceased," the hospital said."In addition to dealing with the sudden blow of her cardiac arrest and devastating brain injury, Payton's family is also coping with the news that the arrest was caused by the growth of a very large tumor in her chest that is shutting off her circulatory system."The hospital held off on performing the second brain death examination because Payton's family filed that temporary restraining order against the facility. It was filed in order to keep her on the ventilator until they found another hospital that could take their daughter. The family's co-counsel Paul Stafford said last week that the family contacted about 25 other facilities, but there were no takers."Unfortunately, after 25 out of 28 facilities that were contacted, we had no takers. We have two maybes, and those were preconditioned on certain things which may be life-threatening to Payton if performed," he said.Kim Brown, a spokeswoman for the hospital, said in a statement this month, "Cook Children's has been informed that we no longer have the ability to speak to media about Payton Summons. Although the family previously signed a consent form authorizing the release of information protected by the Health Insurance Portability and Accountability Act (HIPAA), we have been notified by the family's lawyer that the family has revoked their consent for us to speak about Payton's condition."Unfortunately, this means that we are no longer able to provide detailed, factual information regarding this case. We're disappointed that the family has revoked their authorization because we believe that accurate information facilitates fair, balanced and informed reporting." 4031
The man accused of pursuing and killing 20-year-old Mollie Tibbetts had worked four years at an Iowa dairy farm based on false identification, his employer said Wednesday."What we learned in the last 24 hours is that our employee was not who he said he was," said Dane Lang, the co-owner and manager of Yarrabee Farms.That revelation came about an hour after the employee, Cristhian Bahena Rivera, was arraigned on a first-degree murder charge for the killing of Tibbetts. His bond was set at million and his next court hearing is scheduled for August 31.Tibbetts went missing last month after going out for an evening run in Brooklyn, Iowa, and her disappearance launched an extensive search in the region.On Tuesday, Rivera -- who confessed to following her as she ran on a country road -- led authorities to the field where a body believed to be hers was buried under corn stalks, officials said. 910
The gunman who went on a rampage in Northern California was a "deranged and paranoid killer" who was out on bail after assaulting two neighbors this year, authorities say.Kevin Neal killed his wife Monday night on the eve of the shootings and stuffed her body under the floor in his home, according to police."We believe that's probably what started this whole event," Assistant Sheriff Phil Johnston said of the wife's shooting. 437
The National Institutes of Health is reportedly planning to conduct a clinical study to determine why people are having severe allergic reactions to Pfizer's COVID-19 vaccine.According to the Washington Post, during a press briefing on Monday, Moncef Slaoui, the chief science adviser for Operation Warp Speed, said they are seeking volunteers who've had allergic reactions to the vaccine, so doctors can identify why a rare event known as anaphylaxis is happening.The NIH also plans to study the Moderna vaccine as well, Bloomberg reported.Last week, health authorities in the U.K. said they were investigating after two people had "adverse reactions" to the Pfizer vaccine on the first day of the country's mass vaccination program.In the U.S., two healthcare workers in Alaska reported having an allergic reaction, and on Friday, the FDA announced five people also had an "adverse reaction" to the vaccine. 917