Clarence Thomas Defends Unreported Conservative Billionaire's Gifts - Second Amendment Usurps Protective Orders - Judge's Opinion Supersedes Science and the FDA

• Pages: 10-10
• Date: 01 July 2023
• Author: Hon. Oran F. Whiting (Ret.)
• Subject Matter: Derecho Civil

Published in Litigation News Volume 48, Number 4, Summer 2 023. © 2023 by the Amer ican Bar Association . Reproduced with pe rmission. All rights re served. This info rmation or any porti on thereof may not be c opied or disseminated in an y

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Clarence Thomas Defends Unreported Conservative

Billionaire’s Gifts

Second Amendment Usurps Protective Orders

Judge’s Opinion Supersedes Science and the FDA

U.S. SUP REME COUR T

Ethics

U.S. Supreme Court Associate Justice

Clarence Thomas defended and

explained his failure to disclose his

decades-long acceptance of luxury

world travel from a Republican bil-

lionaire megadonor. He decided not to

disclose the trips after colleagues and

others in the judiciary advised him that

such “hospitality” was not reportable.

The Ethics in Government Act, passed

in the wake of the Watergate scandal,

obligates federal ocials to report

most gifts to the public. An exemp-

tion exists for gifts of “food, lodging,

or entertainment received as personal

hospitality.” Chief Justice John Roberts

has questioned Congress’s power to

impose rules on the Supreme Court.

FEDERAL DISTRICT COURTS

U.S. District Court for the

Northern District of Texas:

Abortion

Judge Matthew J. Kacsmaryk reversed

the Food and Drug Administration

(FDA) approval of mifepristone, used

in chemical abortions, as safe and

eective. He opined that the “FDA

acquiesced on its legitimate safety

concerns—in violation of its statutory

duty—based on plainly unsound rea-

soning and studies that did not support

its conclusions.”

It is the f‌irst time a judge has sus-

pended longtime FDA approval of a

medication despite opposition from

the agency and the drug’s manufac-

turer. The U.S. Court of Appeals for

the Fifth Circuit partially granted the

Department of Justice’s request to put

the ruling on hold, stating the abortion

drug can remain available but plac-

ing restrictions on mailing the pill. In

response, the Department of Justice

issued a statement indicating it will ask

AND MORE . . . BY HO N. ORAN F. WHITI NG (RET.), LITIGATION NEWS ASSOCIATE EDITOR

the U.S. Supreme Court to intervene

in the dispute. Alliance for Hippocratic

Medicine v. FDA, No. 2:22-cv-223-Z

(N.D. Tex.), No. 23-10362 (5th Cir.).

U.S. District Court for

the Eastern District of

Washington: Abortion

Judge Thomas O. Rice issued a pre-

liminary injunction preserving access to

mifepristone and barring the FDA from

reducing the availability of the medi-

cation. Specif‌ically, the order enjoins

the FDA from “altering the status quo

and rights as it relates to the availabil-

ity of mifepristone.” He agreed that the

restrictions on prescribing and dispens-

ing mifepristone are unduly burden-

some, harmful, and unnecessary, and

expose providers and patients to unnec-

essary privacy and safety risks. As this

ruling conf‌licts with a Texas ruling, the

issue will likely move to the high court.

Washington v. FDA, No. 1:23-cv-03026.

FEDERA L COURT OF APPE AL

Fifth Circuit Court of Appeals:

Second Amendment

In United States v. Rahimi, the U.S.

Court of Appeals for the Fifth Circuit

ruled that the Second Amendment

permits those under protective orders

for committing crimes to keep their

guns. Zackey Rahimi was indicted by

a federal grand jury for possession of

a f‌irearm while under a domestic vio-

lence restraining order restricting him

from possessing guns. Rahimi argued

the indictment violated his Second

Amendment constitutional rights.

The Fifth Circuit, relying on New

York State Rif‌le & Pistol Association v.

Bruen, where the U.S. Supreme Court

established that modern gun con-

trol laws must be “consistent with the

Second Amendment’s text and histori-

cal understanding” agreed that Rahimi’s

rights were violated when law enforce-

ment disarmed him due to the protec-

tive order. The federal government will

appeal. U.S.A. v. Rahimi, No. 21-11001.

STATE S

Utah

The Utah Supreme Court has agreed to

review the dismissal of a case involv-

ing allegations of sexual assault against

a Provo-based OB-GYN. A Utah judge

dismissed a lawsuit against Dr. David

Broadbent, sued for alleged sexual

assault by 94 former patients. The

judge ruled that under the Utah Health

Care Malpractice Act, the case must be

governed by medical malpractice rules

rather than those that apply to cases

of sexual assault because claimants’

alleged assailant is a doctor. Jane Doe

v. Broadbent, No. 220400226.

U.S. DEPAR TMENT OF JUS TICE

Fraud

The Department of Justice criminally

charged Charlie Javice, founder of the

now-closed college f‌inancial aid com-

pany Frank, with one count each of

conspiracy to commit bank and wire

fraud, wire fraud aecting a f‌inancial

institution, bank fraud, and securities

fraud for submitting false data to J.P.

Morgan Chase in a $175 million acquisi-

tion fraud scheme in 2021. Each count

carries maximum sentences of 20–30

years in prison. Javice allegedly claimed

her company had amassed a total of

4.25 million student customers when

available data indicated only 300,000.

U.S. Attorney Damian Williams stated,

“This arrest should warn entrepreneurs

who lie to advance their businesses

that their lies will catch up to them, and

this Oce will hold them accountable

for putting their greed above the law.”

U.S.A. v. Charlie Javice, 23 MAG 2638.

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