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First over-the-counter birth control pill gets FDA approval
Lawyer News | 2023/07/13 10:10
U.S. officials have approved the first over-the-counter birth control pill, which will let American women and girls buy contraceptive medication from the same aisle as aspirin and eyedrops.

The Food and Drug Administration said Thursday it cleared Perrigo’s once-a-day Opill to be sold without a prescription, making it the first such medication to be moved out from behind the pharmacy counter. The company won’t start shipping the pill until early next year, and there will be no age restrictions on sales.

Hormone-based pills have long been the most common form of birth control in the U.S., used by tens of millions of women since the 1960s. Until now, all of them required a prescription.

Medical societies and women’s health groups have pushed for wider access, noting that an estimated 45% of the 6 million annual pregnancies in the U.S. are unintended. Teens and girls, women of color and those with low incomes report greater hurdles in getting prescriptions and picking them up.

Some of the challenges can include paying for a doctor’s visit, getting time off from work and finding child care.

“This is really a transformation in access to contraceptive care,” said Kelly Blanchard, president of Ibis Reproductive Health, a non-profit group that supported the approval. “Hopefully this will help people overcome those barriers that exist now.”

Ireland-based Perrigo did not announce a price. Over-the-counter medicines are generally much cheaper than prescriptions, but they typically aren’t covered by insurance.

Forcing insurers to cover over-the-counter birth control would require a regulatory change by the federal government, which women’s advocates are urging the Biden administration to implement.

Many common medications have made the switch to non-prescription status in recent decades, including drugs for pain, heartburn and allergies. Birth control pills are available without a prescription across much of South America, Asia and Africa.


Native American tribes say Supreme Court challenge was never just about foster kids
Lawyer News | 2023/06/21 14:26
Native American nations say the Supreme Court’s rejection of a challenge to the Indian Child Welfare Act has reaffirmed their power to withstand threats from state governments.

They say the case conservative groups raised on behalf of four Native American children was a stalking horse for legal arguments that could have broadly weakened tribal and federal authority.

“It’s a big win for all of us, a big win for Indian Country. And it definitely strengthens our sovereignty, strengthens our self-determination, it strengthens that we as a nation can make our own decisions,” Navajo Nation President Buu Nygren said Monday.

In fact, the 7-2 ruling released Thursday hardly touched on the children, who were supposed to be placed with Native foster families under the law. The justices said the white families that have sought to adopt them lack standing to claim racial discrimination, in part because their cases are already resolved, save for one Navajo girl whose case is in Texas court.

Instead, the justices focused on rejecting other arguments aimed at giving states more leverage, including sweeping attacks on the constitutional basis for federal Indian Law.

“This was never a case about children,” Erin Dougherty Lynch, senior staff attorney for the Native American Rights Fund, told The Associated Press. “The opposition was essentially trying to weaken tribes by putting their children in the middle, which is a standard tactic for entities that are seeking to destroy tribes.”

Justice Amy Coney Barrett’s majority opinion said these plaintiffs wrongly claimed that “the State gets to call the shots, unhindered by any federal instruction to the contrary.”

Justice Neil Gorsuch spent 38 pages explaining how up to a third of Native children were taken from their families and placed in white homes or in boarding schools to be assimilated. In response, the 1978 law requires states to notify tribes if a child is or could be enrolled in a federally recognized tribe, and established a system favoring Native American families in foster care and adoption proceedings.


Biden and McCarthy reach a final deal and now must sell it to Congress
Lawyer News | 2023/05/29 10:24
With days to spare before a potential first-ever government default, President Joe Biden and House Speaker Kevin McCarthy reached final agreement Sunday on a deal to raise the nation’s debt ceiling and worked to ensure enough support in Congress to pass the measure in the coming week.

The Democratic president and Republican speaker spoke late in the day as negotiators rushed to draft and post the bill text for review, with compromises that neither the hard-right or left flank is likely to support. Instead, the leaders are working to gather backing from the political middle as Congress hurries toward votes before a June 5 deadline to avert a damaging federal default.

“Good news,” Biden declared Sunday evening at the White House.

“The agreement prevents the worst possible crisis, a default, for the first time in our nation’s history,” he said. “Takes the threat of a catastrophic default off the table.”

The president urged both parties in Congress to come together for swift passage. “The speaker and I made clear from the start that the only way forward was a bipartisan agreement,” he said.

The final product includes spending cuts but risks angering some lawmakers as they take a closer look at the concessions. Biden told reporters at the White House upon his return from Delaware that he was confident the plan will make it to his desk.

McCarthy, too, was confident in remarks at the Capitol: “At the end of the day, people can look together to be able to pass this.”

The days ahead will determine whether Washington is again able to narrowly avoid a default on U.S. debt, as it has done many times before, or whether the global economy enters a potential crisis.

In the United States, a default could cause financial markets to freeze up and spark an international financial crisis. Analysts say millions of jobs would vanish, borrowing and unemployment rates would jump, and a stock-market plunge could erase trillions of dollars in household wealth. It would all but shatter the $24 trillion market for Treasury debt.

Anxious retirees and others were already making contingency plans for missed checks, with the next Social Security payments due soon as the world watches American leadership at stake.

McCarthy and his negotiators portrayed the deal as delivering for Republicans though it fell well short of the sweeping spending cuts they sought. Top White House officials were briefing Democratic lawmakers and phoning some directly to try to shore up support.

One surprise was a provision important to influential Sen. Joe Manchin, D-W.Va., giving congressional backing for the controversial Mountain Valley Pipeline, a natural gas project, that is certain to raise questions.


Nigeria court hears opposition’s presidential vote challenge
Lawyer News | 2023/05/09 10:00
A Nigerian court on Monday began its hearing on separate suits filed by the opposition to challenge the incumbent party’s victory in the country’s presidential election.

The presidential tribunal at the Court of Appeal in the capital, Abuja, heard the opening statements of lawyers representing opposition parties, which are the challenging the outcome of the February vote won by Bola Tinubu of the ruling All Progressives Congress.

As the court hearing began, armed security personnel blocked major access roads and prevented a handful of journalists and lawyers from entering the facility. Some protesters waved Nigerian flags and displayed placards, alleging that the electoral process was flawed.

“Why I am demonstrating is because of the anger and the pain I have as a Nigerian not allowed to express and enjoy the resources of the land,” said protester James Mike, who accused the Nigerian political class of pilfering the country’s wealth from huge mineral and crude oil resources.

Nigeria’s election commission declared Tinubu the winner of the election in a televised broadcast after he garnered 37% of the votes. But the two main opposition candidates rejected the result, questioning Tinubu’s qualification and alleging that results from the country’s 177,000 polling stations were tampered with.

Analysts and observers said that the voting on Feb. 25 was largely an improvement from Nigeria’s previous elections, but said that delays in uploading results might have given room for the figures to be tampered with.

In separate petitions, both second-place finisher Atiku Abubakar of the Peoples Democratic Party and No. 3 finisher Peter Obi of the Labour Party argued that Nigeria’s electoral commission violated the provisions of the law in announcing the results of the election.

Obi has said he has evidence to show he tallied the majority votes in the election while Abubakar has asked the court to disqualify Tinubu, alleging that he has a Guinean passport and therefore wasn’t eligible to enter the presidential contest under the Nigerian Constitution.


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