What's going on: In a unanimous decision yesterday, the Supreme Court struck down a lawsuit that threatened to restrict access to mifepristone. A group of doctors and anti-abortion groups had challenged the FDA’s regulation of the drug, saying the agency didn’t consider safety concerns and was putting women’s health at risk. Mifepristone accounts for more than 60% of US abortions and has been proven to be safe and effective. Still, many feared that the conservative-majority court could limit access to the pill just two years after it overturned Roe v. Wade. Writing for the court, Justice Brett Kavanaugh said that since the plaintiffs do not prescribe mifepristone themselves, they were not personally harmed by the FDA’s decisions — and therefore didn’t have the right to sue. Even though the ruling preserves access to mifepristone, the drug is still illegal in 14 states that ban abortion at all stages of pregnancy.
What it means: The Supreme Court has not suddenly had a change of heart about reproductive rights. By rejecting the lawsuit, the court didn’t actually address whether or not the FDA’s decision to lift regulations on mifepristone was unlawful. This could mean the justices are waiting to hear a stronger case against mifepristone. Already, anti-abortion groups are vowing to bring another case before the court. Meanwhile, the Supreme Court is expected to rule on another abortion case later this month involving Idaho’s ban, which only allows the procedure if the patient’s life is at risk. The court appeared to be very divided on the case when it heard arguments in April.
Puerto Rico Lawmakers Call for a State of Emergency Declaration
What's going on: Power outages have plagued the US territory since the beginning of June, with the most recent one leaving 350,000 people without electricity for hours during a heat wave. The outage interrupted water services and put the lives of the elderly and ill at risk — especially those who rely on respirators and refrigerators for insulin.Luma Energy, the private company that transmits and distributes electricity in Puerto Rico, said that the outage stemmed from failures in two transmission lines. Even though the power is now back on, lawmakers are calling for the governor to declare a state of emergency. The outages have also put a spotlight on the territory's infrastructure.
What it means: Puerto Rico has faced ongoing problems with electricity since Hurricane Maria devastated its already fragile electric grid in 2017. Government officials have long promised that the privatization of the power grid would improve services, but that has yet to happen. Frustrated Puerto Ricans took to social media after the most recent outage to demand the removal of private companies, like Luma Energy. Another power outage earlier this month lasted so long that towns in the central and southern regions of the territory had to activate emergency response teams and request food distribution.
Apple Entered the Gender Wage Gap Chat, and It’s Not Looking Good
What's going on: Two female Apple employees filed a class-action lawsuit yesterday, alleging the tech giant pays women less than men for doing the same work in its AppleCare, engineering, and marketing departments. Filed on behalf of 12,000 former and current female employees at Apple, the lawsuit said the company’s hiring practices widened the pay gap between men and women instead of closing it. After a 2018 California law made it illegal to ask about previous pay, Apple asked new hires how much they expected to be compensated. The lawsuit also alleges that Apple’s evaluation system, which determines raises, is biased against women.
What it means: The math isn’t adding up in Silicon Valley. Fellow tech giants Oracle and Google previously faced accusations of underpaying their female employees. The companies settled their cases, but refused to admit any wrongdoing. Apple became the first big tech company to reach gender parity on its board of directors, but how much does that mean if it’s not paying its other female employees what they deserve?
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Let's Unpack This
Is President Biden’s immigration policy really that different from former President Trump’s?
Earlier this month, President Biden issued an executive order that stopped immigration advocates in their tracks. The border policy prevents most migrants from seeking asylum when the southern border is overwhelmed (read: when the weekly average of daily illegal crossings reaches 2,500). It’s considered the most restrictive border policy enacted by Biden or a modern Democratic president, with many comparing it to former President Trump’s immigration measures (see: the 2018 asylum ban blocked in federal court).
We reached out to Jean Lantz Reisz, co-director of the USC Immigration Clinic and clinical associate professor of law, to ask: Is Biden really taking a page out of Trump’s immigration playbook? Here’s what she had to say:
"What we're seeing with Trump and Biden are ways to try and get around the asylum law ... But I think because [Biden's order has] exceptions … the courts may say, 'you know what, this is part of the presidential power.'"
The Biden administration maintains the executive order is different from Trump’s, pointing to humanitarian exceptions, including those for unaccompanied minors and victims of human trafficking. That hasn’t stopped immigration advocates from taking legal action.
“It was illegal when Trump did it, and it is no less illegal now,” Lee Gelernt, deputy director of ACLU’s Immigrants’ Rights Project, said in a statement.
The changes at the border come as immigration is a top issue for voters ahead of the November election. Reisz said it’ll be up to the courts to decide whether the order is blocked or not.
“I think the question is: Does this statutory authority, which says the president can suspend the entry of noncitizens in the interest of the US, supersede the asylum statute?” Reisz said. “If a president wanted to be able to turn everybody away who’s coming to the border unlawfully, they would have to change the asylum law.”
Featured Expert
Jean Lantz Reisz
Co-Director of the USC Immigration Clinic and Clinical Associate Professor of Law
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Emma’s been a full-time caretaker for her dad, so her life (and dreams of becoming a screenwriter) have been on hold. But when she gets the opportunity to rewrite a script for famous-yet-broody screenwriter, Charlie Yates, she jumps at the chance. The catch? The screenplay is supposed to be a rom-com, which Charlie hates with a passion and Emma loves. If you’re into bestselling author Katherine Center’s rich character development and a juicy enemies-to-lovers romance, read “The Rom-Commers.”
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