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Court Again Lets Texas Abortion Law Stand

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Texas can continue banning enforcing its tough new abortion restriction after a federal appeals court on Thursday rejected the Biden administration’s latest attempt to undo a novel law that has become the nation’s biggest curb to the practice in nearly 50 years.

It pushes the Texas law closer to returning to the U.S. Supreme Court, which in September allowed the state to move ahead with banning abortions once cardiac activity is detected, usually around six weeks. No exceptions are made in cases of rape or incest.

Since then, Texas women have sought out abortion clinics in neighboring states, some driving hours through the middle of the night and including patients as young as 12 years old.

The new decision by the 5th U.S. Circuit Court of Appeals extends a previous order that for now keeps in place the Texas law known as Senate Bill 8. It marks the third time since October that the conservative-leaning appeals court has sided with Texas and let the restrictions stand.

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It leaves the Justice Department and Texas abortion providers with a narrowing path to try stopping the law, which has thus far prevailed because of a unique structure that leaves enforcement up to private citizens. Anyone who brings a successful lawsuit against an abortion provider for violating the law is entitled to claim at least $10,000 in damages, which the Biden administration says amounts to a bounty.

Despite numerous legal challenges both before and after the law took effect Sept. 1, only once has a court moved to put the restriction on hold — and that order only stood for 48 hours.

During that brief window, some Texas clinics rushed to perform abortions on patients past six weeks, but many more appointments were canceled after the 5th circuit moved to swiftly reinstate the law. The Biden administration could now seek a rehearing or go straight to the Supreme Court, just as abortion providers unsuccessfully tried in August.

Texas had roughly two dozen abortion clinics before the law took effect, and operators have said some may be forced to close if the restrictions stay in place for much longer.

Already the stakes are high in the coming months over the future of abortion rights in the U.S. In December, the new conservative majority on the Supreme Court will hear Mississippi’s bid to overturn the landmark Roe v. Wade decision that guarantee’s a woman’s right to an abortion.

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A 1992 decision by the Supreme Court prevented states from banning abortion before viability, the point at which a fetus can survive outside the womb, around 24 weeks of pregnancy. But Texas’ version has outmaneuvered courts so far due to the fact that it offloads enforcement to private citizens.

Texas Right to Life, the state’s largest anti-abortion group, set up a tipline to receive allegations against abortion providers but has not filed any lawsuits.

© Copyright 2021 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Gottlieb: Vaccines against specific COVID variants may not work with others

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WASHINGTON, DC - OCTOBER 25: Dr. Scott Gottlieb, commissioner of the Food and Drug Administration (FDA), testifies during a House Energy and Commerce Committee hearing concerning federal efforts to combat the opioid crisis, October 25, 2017 in Washington, DC. Lawmakers on the committee threatened to subpoena information from the Drug Enforcement Agency (DEA) regarding their delayed responses about drug distributors that poured in millions of pain pills into West Virginia. (Photo by Drew Angerer/Getty Images)

Dr. Scott Gottlieb, then-commissioner of the Food and Drug Administration (FDA), testifies during a House Energy and Commerce Committee hearing concerning federal efforts to combat the opioid crisis, October 25, 2017 in Washington, DC. (Photo by Drew Angerer/Getty Images)

OAN Newsroom
UPDATED 9:30 AM PT – Monday, December 6, 2021

According to former FDA commissioner Scott Gottlieb, variant-specific vaccines may not work against new variations of COVID. During an interview Sunday, he said there’s reason to believe developed vaccines won’t work well against the full component of different variants.

“While Omicron may become a threat in U.S., the absolute risk from it right now is very low,” Gottlieb noted. “Many people will still become infected by Delta and may find that delta natural immunity doesn’t protect well against Omicron.”

This comes as Omicron cases have reached at least 15 states in the U.S. and the CDC announced FDA officials are in talks of rushing to authorize a Omicron-specific vaccine.

“So, the question right now is whether or not this is re-infecting people who have Delta immunity and haven’t been vaccinated, or whether it’s going to also infect people who have who have been vaccinated,” Gottlieb stated. “There’s some reason to believe that vaccines could be more protective than just immunity acquired through natural infection from Delta. That’s going to be a critical question we need to figure out in the coming weeks because we have some important policy decisions that we need to make, depending on the answer.”

Meanwhile, CDC Director Rachelle Walensky said conversations remain ongoing and the number of probable Omicron cases will likely rise.

MORE NEWS: Biden’s Political Deception On Ports

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EIA: Coal-fired power generation surges 22% in past year

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(Matthew Brown | AP File Photo) In this April 4, 2013 photo, a truck carrying 250 tons of coal hauls the fuel to the surface of the Spring Creek mine near Decker, Mont. The mine has been indefinitely shuttered by its new owners from the Navajo Nation in a dispute over whether it should be immune from some environmental regulations.

File – A truck carrying 250 tons of coal hauls the fuel to the surface of the Spring Creek mine near Decker, Mont. (Matthew Brown / AP File Photo)

OAN Newsroom
UPDATED 9:30 AM PT – Monday, December 6, 2021

The share of coal in U.S. power-generation is rising for the first time since 2014 amid Joe Biden’s crackdown on oil drilling and pipelines.

The Energy Information Administration found coal-fired power generation has increased by 22 percent over the past year amid surging prices of natural gas and oil. The cost of coal power stands at nearly $2 per million of British Thermal Units. Meanwhile, natural gas costs almost $5 for the same amount of energy.

The coal comeback comes despite Biden’s calls to eradicate the use of fossil fuels and a Democrat push for electric cars, which end up being powered by coal-fired power plants.

“Whether you’re looking at natural gas on a global basis or you’re looking at coal a global basis, there’s no give in the system,” explained Dan Yergin, Vice Chairman of IHS Markit. “In a sense we are seeing a consequence on a global basis of a constrained investment going into the energy sector…and the replacements isn’t really there, so there is an imbalance between what the policies and directions are.”

Last year, coal accounted for some 20 percent of U.S. power generation, but its share is expected to go up in coming years due to a shortage of reliable sources of energy.

MORE NEWS: Senate Candidate Eric Greitens Discusses Policies, 2A

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Critics blame Los Angeles public safety issues on liberal groups

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This undated image released by the California Attorney General's Office shows stolen items from Bay Area retailers, recovered in a warehouse in Concord, Calif., where a search warrant was executed by California law enforcement authorities in the San Francisco Bay Area. Spurred by a recent run of large-scale smash-and-grab robberies, prosecutors and retailers are pushing back on assertions by California's governor and attorney general that they have enough tools to combat retail theft in the wake of a voter-approved easing of related laws. (California Attorney General's Office via AP)

This undated image released by the California Attorney General’s Office shows stolen items from Bay Area retailers, recovered in a warehouse in Concord, Calif., where a search warrant was executed by California law enforcement authorities in the San Francisco Bay Area. Spurred by a recent run of large-scale smash-and-grab robberies, prosecutors and retailers are pushing back on assertions by California’s governor and attorney general that they have enough tools to combat retail theft in the wake of a voter-approved easing of related laws. (California Attorney General’s Office via AP)

OAN Newsroom
UPDATED 9:06 AM PT – Monday, December 6, 2021

Liberal lawmakers and activists are facing criticism over the rise of crime in Los Angeles. Current and retired police officers are writing op-eds and speaking to media about their frustration over Proposition 47 and justice reforms in the city.

The officers suggested the spike in smash-and-grab robberies and the murder of Jacqueline Avant could have been potentially prevented if lax sentencing was addressed. Many have pointed to the wrap sheet of the suspect in Avant’s murder as evidence that violent crimes should carry longer sentences.

Democrat Governor Gavin Newsom has defended Proposition 47. He even blamed police and prosecutors by saying the threat of arrest is deterrent enough.

“It seems to me that there is deterrence when people are arrested for breaking the law and are prosecuted, so we needs arrests and we need prosecutions,” he stated. “We need people held to account. No one condones that behavior, quite the contrary.”

Dozens of law enforcement officers have asked for help, saying criminals are being released on little to no bail and are often times re-offending.

MORE NEWS: Rep. Bilirakis: Biden Out Of Touch On Supply Chain Issues

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