WASHINGTON― A new law in Arkansas bans most second trimester abortions and allows a woman’s husband to sue the doctor for civil damages or “injunctive relief,” which would block the woman from having the procedure.
The “Unborn Child Protection From Dismemberment Abortion Act,” signed into law last week by Gov. Asa Hutchinson (R), bans dilation and evacuation procedures, in which the physician removes the fetus from the womb with surgical tools. D&E procedures are the safest and most common way women can end their pregnancies after 14 weeks of gestation, according to the American Medical Association.
A clause buried in the legislation states that the husband of a woman seeking an abortion, if he is the baby’s father, can file a civil lawsuit against the physician for monetary damages or injunctive relief ― a court order that would prevent the doctor from going ahead with the procedure. The woman’s parents or legal guardians can also sue, if she is a minor. The law states that the husband cannot sue the doctor for money in cases of “criminal conduct” against his wife ― namely, spousal rape ― but he could still sue to block her from having the abortion.
State Rep. Andy Mayberry (R), who co-sponsored the bill, told The Daily Beast, “We’ve tried to account for all the worst case scenarios.”
“They created a whole new right ― the right of a husband or family member to sue a doctor on behalf of an adult patient,” said Holly Dickson, legal director for the American Civil Liberties Union of Arkansas. “I cannot begin to tell you what the intent was, but we have raised concerns about that provision and the entire rest of the bill, which is unconstitutional.”
The ACLU of Arkansas plans to challenge the abortion law in court before it goes into effect this summer. Six other states have passed nearly identical laws, and in all four states where the law was challenged ― Louisiana, Alabama, Mississippi and West Virginia ― it was struck down by the courts. The Supreme Court’s 1973 decision in Roe v. Wade protects a woman’s right to have an abortion up until the fetus would be viable outside the womb, around 22 weeks of pregnancy.
Source
Showing posts with label aclu. Show all posts
Showing posts with label aclu. Show all posts
Friday, February 3, 2017
Saturday, November 5, 2016
Mary N. Kellet wants immunity from her crimes
PRESS RELEASE
Contact: Christopher Perry
Telephone: 301-801-0608
Email: cperry@prosecutorintegrity.org
ACLU, Defense Attorneys File Brief Challenging Immunity Protections for Investigative Misconduct by Former Prosecutor
WASHINGTON / November 4, 2016 – Three criminal justice organizations have filed an Amicus Curiae Brief with the First Circuit Court of Appeals opposing the claim of a former prosecutor that she should enjoy absolute immunity for her misconduct that included tampering with exculpatory evidence in a sexual assault case. The American Civil Liberties Union, the ACLU of Maine Foundation, and the Maine Association of Criminal Defense Lawyers filed the Brief on October 5, 2016.
The case revolves around the actions of former prosecutor Mary Kellett during a 2007 trial of Vladek Filler, wrongfully accused of sexually assaulting his wife in the midst of a child custody dispute. Filler was eventually cleared or exonerated on all charges (1). He later sued Kellett alleging defamation and malicious prosecution.
Kellett advised three law enforcement officers to disregard subpoenas to disclose evidence to the defense attorney. More troubling, complainant Ligia Filler had admitted on tape that her rape allegations were her way of “fighting for the children.” This portion of the tape was edited out before it was handed over to the defense. Kellett “engaged in or supported and approved of, the tampering of evidence by selectively editing a videotaped interview and redacting the exculpatory portions of the recording that were given to the defense,” according to the Brief.
Ex-prosecutor Kellett previously admitted to these actions and was professionally sanctioned (2). The question now before the court is whether these unethical actions should be protected by the doctrine of absolute immunity.
Kellett’s actions are consistent with an investigative approach often referred to as “victim-centered.” This method instructs investigators to “start by believing” the accuser’s statements (3); to hand “control of the process back to the victim” and allow the complainant “to request certain investigative steps not be conducted”(4); and to assume that “all sexual assault cases are valid unless established otherwise by investigative findings.” (5)
A hearing on the case will be held this coming Monday, November 7, 2016 in Boston. The Brief is available online (6). The case has attracted national media attention (7).
Citations at Source site.
Contact: Christopher Perry
Telephone: 301-801-0608
Email: cperry@prosecutorintegrity.org
ACLU, Defense Attorneys File Brief Challenging Immunity Protections for Investigative Misconduct by Former Prosecutor
WASHINGTON / November 4, 2016 – Three criminal justice organizations have filed an Amicus Curiae Brief with the First Circuit Court of Appeals opposing the claim of a former prosecutor that she should enjoy absolute immunity for her misconduct that included tampering with exculpatory evidence in a sexual assault case. The American Civil Liberties Union, the ACLU of Maine Foundation, and the Maine Association of Criminal Defense Lawyers filed the Brief on October 5, 2016.
The case revolves around the actions of former prosecutor Mary Kellett during a 2007 trial of Vladek Filler, wrongfully accused of sexually assaulting his wife in the midst of a child custody dispute. Filler was eventually cleared or exonerated on all charges (1). He later sued Kellett alleging defamation and malicious prosecution.
Kellett advised three law enforcement officers to disregard subpoenas to disclose evidence to the defense attorney. More troubling, complainant Ligia Filler had admitted on tape that her rape allegations were her way of “fighting for the children.” This portion of the tape was edited out before it was handed over to the defense. Kellett “engaged in or supported and approved of, the tampering of evidence by selectively editing a videotaped interview and redacting the exculpatory portions of the recording that were given to the defense,” according to the Brief.
Ex-prosecutor Kellett previously admitted to these actions and was professionally sanctioned (2). The question now before the court is whether these unethical actions should be protected by the doctrine of absolute immunity.
Kellett’s actions are consistent with an investigative approach often referred to as “victim-centered.” This method instructs investigators to “start by believing” the accuser’s statements (3); to hand “control of the process back to the victim” and allow the complainant “to request certain investigative steps not be conducted”(4); and to assume that “all sexual assault cases are valid unless established otherwise by investigative findings.” (5)
A hearing on the case will be held this coming Monday, November 7, 2016 in Boston. The Brief is available online (6). The case has attracted national media attention (7).
Citations at Source site.
Thursday, August 2, 2012
CISPA defeated
From Demand Progress:
Internet Wins Again! We Beat Back Cyber-Snooping Bill
The Internet wins again! The advocates for the cyber-security bill failed to get enough support to proceed to a final vote on the legislation. They won't be reading your email and sharing your personal data -- anytime soon, at least.
Will you add your name at right to thank the senators who stood with us? We'll surely be working with them again soon. And please use these links to share the great news (and Success Baby).
You guys were amazing throughout this fight: Demand Progress members sent 500,000 emails to the Senate and made thousands of phone calls in opposition to the bill. Countless other activists took up this fight too -- groups like the ACLU, EFF, Center for Democracy and Technology, Fight for the Future, and Free Press.
Just as important was the coalition of senators working on the inside to stand up for our rights. Several senators voted against cloture at least in part because of privacy concerns. And there's a broader, newly-empowered bloc of senators who've helped fight for pro-privacy changes to the legislation -- people like Ron Wyden (OR), Al Franken (MN), and Bernie Sanders (VT).***
Please add your name at right to make sure they know that we're grateful, and that we'll stand with them -- we'll have to fight this battle again sometime soon.
PETITION TO PRO-PRIVACY SENATORS: We thank you for your hard work to protect our privacy and Internet freedom. As we share in the excitement of this victory we want you to know that we look forward to working with you whenever there's a threat to the Internet.
Add your name at right to thank the senators who stood up for privacy and Internet freedom.
Source:click here
Way to go,everyone. First PIPA then SOPA and now the latest threat to the internet,CISPA,goes down to defeat. Everyone give yourselves a pat on the back you deserve it. Now sign the thank you petition and be done with CISPA for good.
Internet Wins Again! We Beat Back Cyber-Snooping Bill
The Internet wins again! The advocates for the cyber-security bill failed to get enough support to proceed to a final vote on the legislation. They won't be reading your email and sharing your personal data -- anytime soon, at least.
Will you add your name at right to thank the senators who stood with us? We'll surely be working with them again soon. And please use these links to share the great news (and Success Baby).
You guys were amazing throughout this fight: Demand Progress members sent 500,000 emails to the Senate and made thousands of phone calls in opposition to the bill. Countless other activists took up this fight too -- groups like the ACLU, EFF, Center for Democracy and Technology, Fight for the Future, and Free Press.
Just as important was the coalition of senators working on the inside to stand up for our rights. Several senators voted against cloture at least in part because of privacy concerns. And there's a broader, newly-empowered bloc of senators who've helped fight for pro-privacy changes to the legislation -- people like Ron Wyden (OR), Al Franken (MN), and Bernie Sanders (VT).***
Please add your name at right to make sure they know that we're grateful, and that we'll stand with them -- we'll have to fight this battle again sometime soon.
PETITION TO PRO-PRIVACY SENATORS: We thank you for your hard work to protect our privacy and Internet freedom. As we share in the excitement of this victory we want you to know that we look forward to working with you whenever there's a threat to the Internet.
Add your name at right to thank the senators who stood up for privacy and Internet freedom.
Source:click here
Way to go,everyone. First PIPA then SOPA and now the latest threat to the internet,CISPA,goes down to defeat. Everyone give yourselves a pat on the back you deserve it. Now sign the thank you petition and be done with CISPA for good.
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