Tag: john bates
Federal Judge Angrily Orders Trump To Restore Health Agency Websites

Federal Judge Angrily Orders Trump To Restore Health Agency Websites

A federal judge has directed harsh criticism at the Trump administration for removing countless public health web pages and websites, ordering them restored by midnight, and suggesting their deletion may have risked violating federal law.

U.S. District Judge John Bates, a George W. Bush appointee, “ordered federal health agencies Tuesday to restore pages they removed from their websites last month to comply with President Donald Trump’s executive order on ‘gender ideology and extremism,’ saying the decision to pull them down could be detrimental to public health,” Politico reported. The order extends to the CDC, HHS, and the FDA.

“In his opinion,” Politico added, “Bates said the agencies’ decisions to take down certain webpages ‘likely’ constitute an ‘order’ that’s reviewable under federal administrative law.”

The Trump administration’s claims that the removal was necessary to review their contents and amounted to mere “maintenance” were not arguments the judge appeared willing to accept. Judge Bates instead denounced the “widespread disruption that defendants’ abrupt removal of these critical healthcare materials has caused.”

Bates blasted the Trump administration, writing, “it bears emphasizing who ultimately bears the harm of defendants’ actions: everyday Americans, and most acutely, underprivileged Americans, seeking healthcare. These individuals rely on the care of doctors… If those doctors cannot provide these individuals the care they need (and deserve) within the scheduled and often limited time frame, there is a chance that some individuals will not receive treatment, including for severe, life-threatening conditions. The public thus has a strong interest in avoiding these serious injuries to the public health.”

In his opinion granting Doctors for America a temporary stay, Bates offered several examples of “irreparable harm” the government’s actions have already caused.

Doctors for America “has shown its members are already suffering such harm. To start, [one doctor] serves the students of ‘one of the most underserved high schools in Chicago.'”

“In this work, she ‘regularly’ relies on CDC’s resources on sexually transmitted diseases (‘STDs’)… The harm she has suffered since CDC removed those pages is neither hypothetical nor far off. The high school ‘recently had an outbreak of Chlamydia,’ and now that she is ‘[w]ithout t[he] crucial CDC resources,’ she is ‘not able to do [her] job to help address this urgent situation.'”

Bates also cited a statement from a leading physicians’ group, and wrote that “the lost materials are more than ‘academic references—they are vital for real-time clinical decision-making in hospitals, clinics and emergency departments across the country.'”

“Without them, health care providers and researchers are left ‘without up-to-date recommendations on managing infectious diseases, public health threats, essential preventive care and chronic conditions.'”

Politico reports Doctors for America had sued “the Office of Personnel Management, the CDC, the FDA and HHS last week, claiming the missing information ‘deprives’ doctors and researchers of ready access to data that’s critical to treating patients and addressing public health emergencies.”

Reprinted with permission from Alternet.

Blasting Trump Justice, Republican Federal Judge Fully Reinstates DACA

Blasting Trump Justice, Republican Federal Judge Fully Reinstates DACA

In another sharp blow to the Trump administration’s immigration policy, US District Judge John Bates reinstated the Deferred Action for Childhood Arrivals program that was scheduled to end under a presidential order.

Expanding on previous judicial orders rejecting the Trump policy, he ordered the administration to accept new DACA applications as well as to continue processing renewal applications — which could mean protection for hundreds of thousands of children and youth brought here by immigrant parents.

Denouncing the cancellation of DACA as “arbitrary and capricious” because the Department of Homeland Security had failed to adequately justify a policy that will severely disrupt millions of lives, the judge issued a harsh, 60 page opinion calling the Trump policy “particularly egregious.”

A George W. Bush appointee who sits on the US District Court for the District of Columbia — and once helped to write Kenneth Starr’s indictment of Bill Clinton — Bates described the administration’s legal argument as “barebones,” “implausible,” “meager,” and “doubly insufficient.” But he delayed the implementation of his order for 90 days to permit the Justice Department to file a new legal memo justifying its position.

Responding to the Bates ruling, a Justice Department spokesman reiterated the administration’s original argument, calling the DACA program as ordered by President Barack Obama an “unlawful circumvention of Congress.” Citing the administration’s responsibility to uphold “the rule of law,” the department’s official statement said it expects to be vindicated in further litigation.

 

 

Shop our Store

Headlines

Editor's Blog

Corona Virus

Trending

World