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Texas Law Targeting Illegal Crossings Stalled by Appeals Court
In complex legal structure the conflict with Senate Bill 4 of Texas points at the fact that state and federal authorities are in an ongoing conflict in defining immigration policy of the country.
United States – On Friday, a federal appeals court in the United States chose to keep on hold a law passed by the Republicans of Texas that would allow for the prosecution and imprisonment of people who are suspected of illegally crossing the southern border – a statute that the Biden administration has argued is unconstitutional and violates the federal government’s authority.
The U. S. Court of Appeals for the 5th Circuit displayed a 2-1 ruling late Tuesday that the state of Texas can’t appeal the decision for letting the law take effect while the case is at the appellate court.
Texas Senate Bill 4
The law, termed S.B.4, has become the focus of this wider dispute between the Biden administration and the Texas government. The dispute concerns border security and immigration policy. It would make it a crime in the state of Texas to illegally enter or re-enter from a foreign country and allow state judges to issue orders for those violators to leave the United States, with a maximum sentence of 20 years for disobedience, as reported by Reuters.
The 5th Circuit Appeals Court’s action was the most recent of three lightning-fast decisions on the bill’s legality. While the Supreme Court had previously allowed it to take effect, a panel of the Fifth U.S. Court of Appeals just a few hours later revived U.S. District Judge David Ezra’s February injunction, preventing the Biden administration from enforcing it.
Ezra pointed out that the company is based in Austin and cited a 2012 U.S. Supreme Court ruling involving an Arizona law which found that states had no legal ability to adopt border enforcement acts that conflicted with federal law.
On April 3, a panel of the 5th Circuit will address the Sunshine State’s request to appeal to a lower court ruling.
April 3 His misgivings, Circuit Judge Andrew Oldham, a Republican appointee of former President Donald Trump who dissented from Tuesday’s judgment, anticipated that the court would uphold the ruling that blocked S.B. 4.
“Today’s decision means that we’ll likely never know how Texas’s state courts and its state law-enforcement officers would have implemented S.B. 4,” the judge wrote in his dissenting opinion.
The office of The U.S. Department of Justice and Ken Paxton, the Republican Attorney General of Texas, did not immediately respond to requests for comments.
Abbott’s Tough Measures Face Opposition
The civil rights organizations that joined the Biden administration in their case against the law cheered Tuesday’s ruling, claiming that it will provide some temporary protection from violating the migrants’ rights and may help prevent race profiling.
“This unconstitutional proposal should never have gotten this far, and we look forward to the courts blocking it permanently so we can get back to discussing real policy solutions,” Edna Yang, co-executive director of the group American Gateways, said in a statement.
LEGAL DISPUTES
The suit, filed in January, claims that the decision violates the U.S. Constitution and federal laws because it hinders the U.S. government’s power to regulate immigration and is similar to the 2012 Supreme Court decision.
The White House elaborated that the matter of immigration is a unique responsibility of the federal government, and that the Texas law would wreak havoc on the intricate U.S. laws which define the deportation procedures and give the right to migrants to register for asylum and any other legal status.
As the president is seeking a second term, immigration and border security with Mexico are the hottest topics for voters who will take part in the November 5 U.S. election. Donald Trump, Trump’s major Republican opponent during his predecessors’ period, took a hard line on immigration policy stances.
The Republican governor of the state of Texas, Greg Abbott, a staunch adversary of immigration policies of the democrat president’s administration, signed the law into force in December, citing that it was the only way to respond to the rise in illegal entries. Texas state officials blame the current administration for increased numbers of illegal border crossing, which “state resources” are being exhausted and which they also describe as a threat to public safety.
Broader Trend in Immigration Policy
The Biden administration is even saying that interferences from Texas and other states just worsen the problem at the border.
And that is not all. Critics of the Texas law stated that under federal laws, those who entered the country illegally or re-entered it could already be charged with illegal migration. Advocates of migrants believe the mentioned law can spur racial profiling for state authorities that already exist in Texas.
The Texas law case is one in a sequence of challenges to Republican-authorized state officials against the policies of the Biden administration regarding Texas’s ability to patrol the border, including the installation of razor-wire fencing and the setting up of a floating barrier that is 1000 ft or 300 m long in the Rio Grande River, as reported by Reuters.
The American state of Iowa passed a law similar to Texas’s measure on March 19, awaiting the signature of the state’s Republican governor. A dozen other states are discussing the possibility of criminalizing the detention of individuals lawfully residing in the country.
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Hunter Biden’s Ex-Wife to Testify in Firearm Possession Case
The trial will involve whether Hunter Biden falsely stated about his drug use in a bid to buy a pistol: witness accounts from his former wife and former girlfriends.
United States – Hunter Biden’s ex-wife is set to testify about what the young Biden’s drug habits were as a defense claim in a case that suggests he lied about them to possess a firearm.
On charges of possession of a firearm by a user of a controlled substance, prosecutors said they would prove that Hunter Biden allowed his anti-drug screening test to come back clean when he purchased a revolver in October 2018, knowing that he was a drug user, as reported by Reuters.
The jurors viewed the text messages, banking records, and some clips of the audiobook of the Then Hunter Biden memoir that the prosecutors say show the client was habitually using crack at the time he bought the gun, one day after the purchase.
“Addiction is not a crime. Lying is,” prosecutor Derek Hines said.
Hunter Biden, 54 years old, has not quit guilty to three felonies, charging him with filing false information while purchasing the gun and possession of the prohibited firearm for 11 days.
The trial comes in the wake of another precedent setting case; the criminal indictment of former President of the United States, Donald Trump, who became the first US president to be convicted of a felony last week. Trump is the Republican candidate for president against Joe Biden of the Democratic party in the Nov. 5 poll.
Something was not mentioned at Hunter Biden’s trial regarding that aspect, but the prosecution used the phrase “no one is above the law.
Testimonies and Defense
Hines said that jurors would hear Kathleen Buhle, Hunter Biden’s ex-wife, and his former girlfriend, Zoe Kestan, and Hallie Biden, who was his brother, Beau Biden’s wife. They all can testify about Hunter Biden’s problems with drugs and alcohol throughout the years, Hines noted.
Prosecution’s Evidence and Statements
Lowell, who has represented Hunter Biden in an ongoing grand jury investigation, noted that his client contradicted these claims in his memoir titled “Beautiful Things,” published in 2021. Hunter Biden’s lawyer insisted that the evidence would demonstrate the subject was sober when purchasing the firearm and viewed himself as ‘not a user’ at the time.
Context and Political Backdrop
Trump is expected to be sentenced on July 11th after he was convicted by a jury in the state court in New York last Thursday of 34 felonies of presenting fake documents to conceal payments made to a pornographic actor ahead of a sex scandal that might have had an impact on the build-up to the 2016 U. S. election, as reported by Reuters.
He has denied the allegations in three other ongoing criminal charges, two against him for his attempts to overturn his 2020 defeat by Biden and one for keeping top-secret materials at his Florida estate after his presidency in 2021.
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FDA Debate Looms Over MDMA Therapy’s Role in PTSD Treatment
The FDA on MDMA therapy for PTSD is going to usher a new era in the therapeutic management of mental health with implications in treatment for millions of patients with the disorder.
United States – An important meeting on the approval of a new treatment using one of the substances considered hallucinogens is to be held on Tuesday as the advisers to the US Food and Drug Administration are set to deliberate on the therapy based on MDMA for PTSD.
The session, conducted by the independent experts of the agency, is the closest that a drug based on MDMA, commonly referred to as ecstasy or molly, has ever gotten within the FDA procedure for approval, as reported by Reuters.
Addressing Mental Health Needs
This comes after several similar efforts have been pursued by supporters claiming that substances such as MDMA are effective in the treatment of mental health and millions also have other uses that are not related to drug use in society.
The treatment is a capsule containing or containing pure MDMA manufactured by the public-benefit corporation Lykos Therapeutics and to be taken in combination with hourly, full-spectrum sessions of talk therapy by a licensed, entheogenic mental health provider.
Promising Results and Concerns
MDMA, in combination with consultation, has indicated lower PTSD scores in trials with over 190 patients in contrast to placebo.
However, the FDA’s staff reviewers voiced concerns on Friday about how patients suffering from PTSD in the clinical trials knew whether they were given MDMA or a placebo due to the mind-altering effects of the drug.
A Step Towards Innovation
“I don’t think that is as much of a concern because even if it is an enhanced placebo effect, people are still getting better,” said David Olson, director of the UC Davis Institute for Psychedelics and Neurotherapeutics.
“But the bigger question is, what is the risk to those individuals?”
PTSD is among the largely prevalent mental health disorders, which impacts 13 million people within the United States of America and is prevalent among war veterans. This indicates that there is still a big gap in the development of new treatments for PTSD in this regard since the other drugs do not affect every person.
Lykos treatment is one treatment out of many psychedelic drugs given to patients with untreatable mental disorders, including Compass Pathways’ (CMPS. O) drug, which is derived from magic mushrooms.
The agency’s staff discussed restrictions on its use and oversight in briefing documents delivered on Friday. The FDA also pointed out the increase in both blood pressure and pulse in the trials and instances of hepatic toxicity.
According to Olson, the approval could provide “a new way to attack the problem, but as a single agent, it is not going to be a large driver” because of the cost and logistical challenges associated with it, as reported by Reuters.
“It’s important because it would be the first in this class of molecules, but I don’t think it will be the last; it will be replaced by compounds that have superior properties to MDMA.”
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British Tech Pioneer Faces Fraud Charges in HP Acquisition Trial
The fraud trial of Lynch is a follow-up on the disastrous HP-Autonomy interface, which has been a significant turning point on the technology as well as corporate governance.
United States – Jurors at the trial of British tech pioneer Mike Lynch may hear closing arguments in San Francisco on Monday in the fraud case regarding Hewlett-Packard’s (HPE. N) acquisition of Lynch’s software company Autonomy for USD 11.2 billion in 2011.
The Cambridge University-educated businessman testified for the defense at the trial, explaining that he had no criminal intentions and that HP performed the merger poorly, as reported by Reuters.
HP then proceeded to write down the value of Autonomy by USD 8.8 billion in one year since the acquisition.
Lynch and the former Autonomy finance executive Stephen Chamberlain have been charged with fraud and conspiracy for planning to artificially increase the company’s revenue starting in 2009, in part to attract a buyer.
Allegations of Fraud
Prosecutors claimed the two inflated Autonomy revenue through back-dated transactions and ‘round-trip’ transactions, where money was paid upfront by the customer through a fictitious contract.
During the trial, which started mid-March, the jurors were presented with over thirty government witnesses, including Leo Apotheker, the former HP chief who was dismissed just a few weeks after the purchase of Autonomy was declared.
Lynch’s legal advisors prepared the trial, stating that HP wanted to acquire Autonomy ahead of potential competitors, so the due diligence was performed quickly before the sale was closed.
Lynch Denies Involvement in Accounting Decisions
Taking the stand, Lynch denied that he was involved directly with the accounting decisions at issue and asserted that he was more concerned with technology issues at the time, leaving the finance-related matters in the hands of Sushovan Hussain, Autonomy’s former chief financial officer.
Hussain was convicted in 2018 in the same court in another trial. He was released from U. S. prison in January following his five-year imprisonment term.
Lynch was identified as one of the UK’s leading tech enablers in a bracket that included Steve Jobs of Apple and Bill Gates of Microsoft.
Fallout from Controversial Acquisition Continues
The Autonomy deal was one of the largest British technology deals that was supposed to boost HP’s software segment. Rather, it gave rise to a chain of cruel and costly court proceedings, as reported by Reuters.
Lynch and Hussain were found liable for the defamation in a civil trial in London in 2022, though the amount of the damages remains unconcluded. The company is requesting 4 billion US Dollars in total funding.