Overnight Health Care: Supreme Court sets date for Louisiana abortion case | Border Patrol ignored calls to vaccinate migrants against flu | DC sues Juul

Overnight Health Care: Supreme Court sets date for Louisiana abortion case | Border Patrol ignored calls to vaccinate migrants against flu | DC sues Juul
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Welcome to Tuesday’s Overnight Health Care. 

Oral arguments are set for the Supreme Court’s newest abortion battle, Border Patrol ignored a CDC recommendation to vaccinate detained migrants, and the District of Columbia is suing Juul.

We’ll start at the high court...



Supreme Court sets date for Louisiana abortion case

The challenge to Louisiana’s abortion law will be heard on March 4, the Supreme Court announced Tuesday.

It will be the first abortion case taken up by the Supreme Court since President TrumpDonald John TrumpUS reimposes UN sanctions on Iran amid increasing tensions Jeff Flake: Republicans 'should hold the same position' on SCOTUS vacancy as 2016 Trump supporters chant 'Fill that seat' at North Carolina rally MORE's two nominees — Justices Neil GorsuchNeil GorsuchREAD: Supreme Court justices mourn death of Ginsburg, 'an American hero' NYT editorial board remembers Ginsburg: She 'will forever have two legacies' Barrett seen as a front-runner for Trump Supreme Court pick MORE and Brett KavanaughBrett Michael KavanaughMomentum growing among Republicans for Supreme Court vote before Election Day Remembering Ginsburg's patriotism and lifelong motivation Collins: President elected Nov. 3 should fill Supreme Court vacancy MORE — were confirmed to the bench.

The case centers on a law in Louisiana that would require doctors who perform abortions to have admitting privileges at a nearby hospital, a requirement that critics say is designed to force abortion clinics to close.

The Supreme Court in February ruled 5-4 to block the law from taking effect while it was being challenged in court, with Chief Justice John Roberts, a George W. Bush appointee, siding with the liberal justices.

But it’s not certain whether Roberts’s decision in February means he will vote to block the law after the court hears oral arguments.


Abortion opponents have been waiting to get a case heard before the Supreme Court. Their ultimate goal is to find a case that will allow the conservative justices to overturn the landmark Roe v. Wade decision that made abortion legal. But it’s not clear if the Louisiana law is the one that will work.

Read more on the case here.


Border Patrol ignored recommendation to vaccinate migrants against the flu

Federal immigration authorities ignored a recommendation from the Centers for Disease Control and Prevention (CDC) to vaccinate detained migrants against the flu virus, according to a newly released letter to Congress.

According to the letter from the CDC to Rep. Rosa DeLauroRosa Luisa DeLauroTrump HHS official faces firestorm after attacks on scientists Ahead of a coronavirus vaccine, Mexico's drug pricing to have far-reaching impacts on Americans Shutdown politics set to collide with coronavirus aid MORE (D-Conn.), the agency recommended that U.S. Customs and Border Protection (CBP) deliver flu vaccinations “at the earliest feasible point of entry” for all migrants over the age of six months.

CDC provided written recommendations in January, and then held weekly calls related to influenza cases with the agency beginning in late May and continuing through July 4. 

But CBP did not heed the recommendation.

CBP's reasoning: CBP has never had a policy in place to vaccinate migrants and has no plans to implement one. According to the agency, trying to implement a vaccination system on top of its existing health infrastructure “would be logistically very challenging.” Border Patrol facilities are meant for short-term stays, no longer than 72 hours. According to an agency spokesperson, once migrants are transferred to other agencies— like ICE and HHS— they are given vaccinations and comprehensive medical screenings.

The problem: Earlier this year, Border Patrol facilities became dangerously overcrowded, and the 72-hour stays sometimes lasted over a week. CDC said that all migrants detained after crossing the country’s southern border should be considered unvaccinated, and doctors have warned that overcrowded conditions make it easy for infectious diseases to spread quickly among those who are not vaccinated. 

Read more here.


District of Columbia sues Juul over alleged underage marketing

The District of Columbia on Tuesday announced a lawsuit against e-cigarette manufacturer Juul, becoming the latest jurisdiction to sue the company over its alleged marketing to minors.


D.C. Attorney General Karl Racine (D) accused Juul of deliberately targeting underage consumers; failing to verify ages of purchasers; and deceiving consumers about the content, strength and safety of its products. 

The other states with lawsuits: California, New York and North Carolina. 

Juul's response: Juul has disputed allegations that it marketed to teens. In a statement, a spokesman noted that Juul’s customer base “is the world’s 1 billion adult smokers and we do not intend to attract underage users.” 

More on the lawsuit here.


What we’re reading

Federal prosecutors launch criminal probe of opioid makers, distributors (Wall Street Journal)


How a billionaire couple greased the skids for Nancy PelosiNancy PelosiSunday shows preview: Justice Ginsburg dies, sparking partisan battle over vacancy before election Trump is betting big on the suburbs, but his strategy is failing 'bigly' Trump orders flags at half-staff to honor 'trailblazer' Ginsburg MORE’s drug pricing bill (Stat)


State by state

Regulators allege Christian-based health care provider broke state, federal rules (NPR)

Tennessee's Medicaid plan might be more about politics than policy (Modern Healthcare)

Patients and workers allege mistreatment and incompetence at publicly funded mental health care clinic (Washington City Paper)