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Myanmar Drug Trade for Peace
CHIANGRAI TIMES – Critics say that the ceasefire agreements signed with ethnic armies are driven by a desire to capitalise on the country’s booming narcotics business not a desire for change and that the army and politicians are padding their coffers with the proceeds
Professor Des Ball pushes plates of what is left of a roast duck and barbeque prawn dinner to the side as he spreads a large map across the dinner table and stabs his finger at a point where northern Thailand meets Myanmar.
‘We’re talking thousands of tonnes of drugs being produced just across this border. In Myanmar there are so many military checkpoints and roadblocks. You can’t move that amount of drugs through a country that is as militarised as Myanmar without the government’s army knowing about it.”
Mr Ball works at the Strategic and Defence Studies Centre at the Australian National University in Canberra, and has been following and documenting the illicit drug trade in Myanmar for decades.
”I’ve been tracking not just opium, but also ya ba [methamphetamines] coming from Myanmar. During that time the amount of ya ba coming into Thailand reached as high as 800 million tablets. In 2009 and 2010 it got higher, closer to one billion. Myanmar is the largest producer of methamphetamines in the world and the second largest opium producer _ add the two together and Myanmar’s the largest narcotic state in the world.”
Media reports last month showed drugs from Myanmar are still flowing into Thailand. A drug bust on the outskirts of Bangkok netted a massive amount of methamphetamines coming from Myanmar _ 3,864,000 ya ba tablets and 71kg of ya ice (crystal methamphetamine) with a street value of more than one billion baht. A day earlier and close to where Mr Ball’s finger is firmly placed on his map, Thai soldiers shot dead two smugglers crossing from Muang Yon on the Myanmar side of the border to Chiang Mai’s Mae Ai district carrying bags containing 100,000 ya ba pills, eight kilogrammes of ya ice and some heroin.
Mr Ball, a founding member of the steering committee of the council for security cooperation in the Asia Pacific says that since 1996 the United Wa State Army has become one of the world’s largest and most powerful drug traffickers _ with the support of Myanmar army units stationed in border areas.
In a 1999 working paper, ”Myanmar and Drugs: The Regime’s Complicity in the Global drug Trade”, Mr Ball stated that, ”according to US government estimates, Myanmar receives between $700 million and $1 billion in foreign currency from heroin exports annually.”
A report published by the US Congressional Research Service (CRS) in 2010 _ ”Myanmar and Transnational Crime” _ states Myanmar’s ”illicit narcotics reportedly generate between $1 billion and $2 billion annually in exports”.
It’s been more than 12 years since Mr Ball’s initial report and he remains convinced that Myanmar government officials are still highly involved in the drug trade and at all levels.
”About 10 years ago, about 50% of Myanmar’s foreign exchange came from drugs. In recent years this has fallen, primarily because there are other forms of revenue such as gas and oil. Drugs are now less than 50%, but are still around 40%.”
Mr Ball says the Myanmar government does nothing to stop the drugs because it is making lots of money from it.
”The military government is still involved _ the two most relevant areas, the Golden Triangle and the North East Command are where the most opium and ya ba production takes place. The military units based there are intrinsically involved in the drug business _ they provide security through checkpoints, transportation, cross-border passes and extract taxes from farmers.”
Mr Ball says Mong Yawng on the Myanmar side of the border used to be the centre of the drug trade but it has now moved further east.
”Across the border from Ban Arunthai and for about a 60km stretch down the border to Pang Mah Pha on the Thai side is where drugs are now being trafficked across from Myanmar.”
Mr Ball says militia forces aligned to the Myanmar army are running mobile drug factories just across the border.
”They use up to 10 pickup trucks _ park them under the jungle canopy _ one provides power from a generator, another has a pill press to stamp out the drugs, one is a lab to mix the chemicals, another holds a communications setup and then there are trucks carrying soldiers for the security of the whole production facility.”
CEASEFIRE ARRANGEMENTS
Mr Ball explains that a major factor in the growth of opium cultivation and heroin production has been ceasefire agreements and business deals that the regime struck with most of the armed ethnic armies in northeast Myanmar.
”These were mostly arranged by Lt-Gen Khin Nyunt, who was No3 in the regime at the time. It is more than disingenuous for the Myanmar government to say they are not involved or making money from the drugs _ they’re up to their necks in it.”
Mr Ball’s position contradicts the recent report from the UN Office on Drugs and Crime (UNODC) ”Southeast Asia Opium Survey 2011”, which credits the Myanmar government’s ceasefire agreements (since 1996) with armed groups that led to a reduction in opium cultivation. The UNODC report states, ”This paved the way for greater control by the government of opium poppy-growing regions and allowed the implementation of measures to reduce opium poppy cultivation.”
Mr Ball is contemptuous of the UNODC report. ”The explanations they provide are ridiculous. The UN has no understanding of the dynamics involved in the narcotics trade in Myanmar. This argument that the ceasefire groups have led to greater control over the drugs is absurd. We know the groups who have had the longstanding ceasefire arrangements are those who have the greatest motivation in the drug trade. Starting with the Wa, the Kokang, and various militia and Democratic Karen Buddhist Army factions. It’s part of the ceasefire deals _ on one hand you accept the control of the government and on the other hand you are free to engage in drugs.”
One man who agrees with Mr Ball’s criticisms of the UNODC and his assessment of the drug trade is Col Sai Htoo, assistant secretary-general of the Shan State Progressive Party (SSPP). Its armed wing, the Shan State Army, had a 22-year ceasefire with the former Myanmar regime.
Col Sai Htoo is prepared to name Myanmar army generals and militia leaders he alleges have close links to the drug trade.
”Myanmar’s president, Thein Sein, was the commander of the Golden Triangle region based in Kentaung 20 years ago _ he was very close to Yee Say and Ja Hsi Bo, [the] Lahu militia leaders and drug bosses.”
Col Sai Htoo explains how the Myanmar army helps vehicles carrying drugs negotiate their way through the many checkpoints and roadblocks in Shan State.
”The Myanmar army drives the lead escort car through the checkpoints and the drug cars follow _ nobody in their convoy is stopped.”
Col Sai Htoo says farmers make little money from drugs.
”In Myanmar the drug money goes all the way to the top _ they and the international drug gangs make the money. The Myanmar army has an understanding with the drug traffickers _ one eye open, one eye shut _ the top generals give orders to stop growing poppy, but it is only an order. When the DEA [US Drug Enforcement Administration], UN or other international agencies give money to Myanmar to eradicate drugs, the money goes straight into the pockets of the generals.”
The CRS report, ”Myanmar and Transnational Crime”, concurs with Mr Ball’s and Col Sai Htoo’s position that the ceasefires aided the drug traffickers rather than controlled them: ”Recent ceasefire agreements in other border regions have not markedly improved the situation; instead, these ceasefires have provided groups known for their activity in transnational crime with near autonomy, essentially placing these areas beyond the reach of Burmese law.”
Col Sai Htoo says he is surprised, considering the evidence, that agencies such as the UN continue to rely on the government’s support to carry out their drug surveys. ”Drugs in Myanmar don’t go down, production keeps going up. If they are serious about stopping the drugs, do what Thailand did 20-years-ago _ set up a programme to educate and support farmers to grow alternative crops _ the government has received millions to stop drugs [donated by international agencies], but none of it gets to the people.”
Col Sai Htoo said he is willing to talk to any agency if they are serious about stopping the flow of drugs. He says his ceasefire group does not grow poppies or benefit from the drug trade as the SSPP has had an anti-drug policy since 1973. The SSPP has just signed another ceasefire agreement with a Myanmar government ”peace talks” delegation.
”We recently signed an agreement, but for a ceasefire only and for the Myanmar army to withdraw from our territory. Despite the ceasefire the Myanmar army is still fighting in our area _ it seems the government has a problem _ its army is not following its orders.”
Col Sai Htoo warns that stopping drugs in Myanmar will not be easy.
”There’s no rule of law in Myanmar. Who has the most guns has the most power and who in Myanmar has the most guns?”
LOCAL KNOWLEDGE
Community-based organisations such as the Palaung Women’s Association (PWA) and investigations by the Shan Herald Agency for News question the reliability of the UNODC drug surveys, claiming they rely too much on ”eradication reports and ground truthing” of satellite imagery by the Burmese military and police personnel.
The PWA’s 2011 report ”Still Poisoned” found that since Myanmar’s 2010 national elections opium cultivation has increased significantly. The PWA’s general-secretary, Lway Nway H’noung, says opium cultivation across 15 villages in Namkham Township has increased by a staggering 78.85% in two years. These villages are under the direct control of government paramilitary ”anti-insurgency” soldiers.
At the PWA office located on the Thai-Myanmar border Nway H’noung points to a photograph of ”Panhsay” Kway Myint, the recently elected member of parliament for Namkham, and alleges he is the most ”prominent militia leader and drug lord in the area”.
Kway Myint is a member of Myanmar’s ruling party _ the military-backed Union Solidarity and Development Party (USDP).
Nway H’noung acknowledges that Kway Myint did make good on his election promises.
”He promised people who voted for him that they could grow opium for five years and they can. He is the leader of the Panhsay People’s Militia, a drug lord and now a government MP. His militia can be seen growing opium and they have the biggest acreage in the area. Kyaw Myint has close links to the Myanmar army Light Infantry Battalion 144.”
Nway H’noung is sceptical that since Myanmar’s elections the government’s reforms have done a lot for citizens and says it is more a case of how low the bar has been dropped by international groups on what is acceptable to allow them to engage with the government.
Nway H’noung gives an example of how the drug trade in her area has allegedly increased since the 2010 election.
”In the 2008-2009 poppy season the total cultivation across 15 villages in Nakham was 617 hectares. In the 2010-2011 season it had almost doubled to 1,109 hectares _ that’s a 78.58% increase. Most of the opium cultivation in Namkham occurs in the areas under the control of MP Kyaw Myint.”
And Nway H’noung accuses the Myanmar army of running tax gates at Namkham checkpoints. ”Everybody going through has to pay. A charcoal seller said after he paid the tax he’d never sell enough to make it worth working _ he asked the soldiers if he could go back home and not have to pay … He was made to pay.”
The Shan Herald Agency for News ”2011 Drug Watch Report” alleges that seven USDP members of parliament are also key drug lords. Khuensai Jaiyen, the editor of the Shan Herald Agency for News, has been reporting on Myanmar’s drug trade for more than 20 years and names the seven as _ ”Liu Guoxi in the national assembly, Ho Xiaochang [aka U Haw and Haw Laosang] in the people’s assembly, Khun Myat in the people’s assembly, Kyaw Myint [aka Win Maung] in the Shan State Assembly, Keng Mai in the State Assembly, Bai Xuoqian [aka Pei Hsauk Chen] in the Shan State Assembly and Myint Lwin [aka Wang Guoda],” Khuensai Jaiyen adds that, ”all seven are either militia or Border Guard Force leaders”.
Khuensai Jaiyen says the international community and Asean have been conned by the government’s assertions that it runs aggressive crop substitution and drug eradication programmes.
”In Shan State there are 55 townships. Only 11 can claim to be reasonably poppy free. Out of those eleven, seven are along the Chinese border and under pressure from Chinese authorities not to cultivate poppies, the rest grow poppy.”
Khuensai Jaiyen accuses the Myanmar army of providing security for the drug manufacturers.
”Refineries in Punako, Monghsat townships, opposite Thailand’s Chiang Rai, are guarded by Myanmar army Light Infantry Battalions 553 and 554. The Myanmar army local units know their rice pots are in the poppy fields. When on a poppy destroying mission they get paid for not destroying the poppies or for destroying poor quality fields chosen by the growers.”
Khuensai Jaiyen explains that ”tax scales for growing are fixed locally with the understanding that poppy fields will be left alone by the army and, in the event that they have to be cut down in order to satisfy Naypyidaw’s public relation needs, the farmers will be informed in advance so they have time to select suitable fields that are either poor or already harvested.”
”2011 Drug Watch Report”, states that in Namkham, in northern Shan State, each village is required to pay as much as 300,000 kyat (9,250 baht) to the Myanmar army to be allowed to grow opium.
The CRS report ”Myanmar and Transnational Crime” points out that the level of corruption in Myanmar is rampant among authorities.
”The US State Department and other observers indicate that corruption is common among the bureaucracy and military in Myanmar. Myanmar officials, especially army and police personnel in the border areas, are widely believed to be involved in the smuggling of goods and drugs, money laundering, and corruption.”
THE OPIUM FARMERS
Across the northern Thai border, layers of hills stretch, buckle and blur into a distant Shan horizon.
A single plume of smoke rises white against the vast green landscape. A thin dirt track scars the closest mountainside before disappearing over a ridge.
Sai Wun, an opium grower, points to burnt scabs of hillside that are being readied for poppies and explains why he grows them.
”If we grew other crops like vegetables to sell _ there’s no road, no market _ how could we survive? We get no support from the government to grow vegetables, but if we grow poppies the army comes to our place to buy it.”
Sai Wun planted 120 hectares of poppies last year on the side of Nong Khang and says it was a bad year for him and his family.
”The rains came too early and there was too much of it. Poppies need cold. It’s not the terrain high or low, but the cold that’s important _ if your teeth are chattering, it’s going to be a good crop,” Sai Wun said.
Sai Wun has been farming poppies for more than 10 years and says this is the third time the Myanmar army has supported the growing.
”In the past we had to hide, now we don’t, we even build huts in the middle of our fields to sleep in. The Myanmar army controls our area together with a Lahu militia. The Myanmar army are our main investors, we sell 100% of our opium to them, they won’t allow us to sell it to outsiders or traders.”
Sai Wun explains that the militia comes to the farm to buy the opium resin.
”Before we start growing, the Myanmar army visits the headman to offer loans. The militia in our area is given orders from Myanmar army Infantry Battalion 579 who controls the area. We get paid 25,000 baht for 1.6kg of opium _ the price is low compared to what farmers get in other less isolated areas _ that price includes the army’s tax.”
Despite the rate, Sai Wun says it is hard work growing poppies.
”You need good soil, you need to weed three or four times, no watering, we rely on the mist, there’s enough moisture in it _ a bit of rain just before cutting is good. We scatter seeds on the cleared land, when it takes, we sort the plants into rows to give them room to grow.”
Leaving Sai Mun, the Myanmar army and militia camps behind and driving 100km east along the Thai-Myanmar border. Passing Chinese graveyards, tea plantations and crashed pickups we arrive at a meeting point to talk to three opium farmers from the Shan towns of Mongton, Mongpan and Namzang. Interviewing people involved in the drug trade generates a certain amount of paranoia and a need for secrecy, but the farmers interviewed for this story discussed the difficulties of growing opium and said that if they didn’t have it to grow, they wouldn’t be able to feed their families.
Mist rolled over the mountains and down into steep valleys, swirling around the hillside village cutting visibility to less than 50m.
Nai Saw, squats on the concrete floor, sips at a hot, black tea held in his work-hardened hands and says he paid the Myanmar army tax on his poppy crop for 10 years.
”I paid them direct. Some years they came three times, it depended on the officers and how much they needed. I was caught between two army battalions, IB 66 and LIB 246. The soldiers also come and demand chickens, pigs and even rice _ I had to give to them.”
Nai Thi sitting next to Nai Saw chips in, ”10 years ago we were paid 3,000 baht on the border to sell to Khun Sa, we had to deliver it to him, now the buyers come all the way to us. I had four rai [0.64 hectares] and in a good season I can get 40,000 baht for 1.6kg. I had to pay the Myanmar army 200,000 kyat tax for each rai.”
Nai Thi explains how the tax system works: ”Each group or village that is growing is assigned to collect the tax. The village headman takes the money to the army camp and pays the officers, or in some cases it is given to the militia who pass it onto the army. You can’t refuse to pay.”
Farmer Wai Ta, 73, says his soil is poor and he harvests lower-quality opium.
”Last year was bad for me I only got 20,000 baht for 1.6kg. My quality was so low they needed to double the weight of my opium compared to that of other farmers to get just one kilogramme of heroin.”
The three farmers laugh and exchange looks when I ask them to clarify the role of the Myanmar army in the opium production.
”It’s a stupid question _ if the Myanmar army say don’t grow it, we can’t grow it _ it’s that simple. If there are no buyers, villagers wouldn’t grow it.”
Writer: Phil Thornton
News
Trudeau’s Gun Grab Could Cost Taxpayers a Whopping $7 Billion
A recent report indicates that since Trudeau’s announcement of his gun buyback program four years ago, almost none of the banned firearms have been surrendered.
The federal government plans to purchase 2,063 firearm models from retailers following the enactment of Bill C-21, which amends various Acts and introduces certain consequential changes related to firearms. It was granted royal assent on December 15 of last year.
This ban immediately criminalized the actions of federally-licensed firearms owners regarding the purchase, sale, transportation, importation, exportation, or use of hundreds of thousands of rifles and shotguns that were previously legal.
The gun ban focused on what it termed ‘assault-style weapons,’ which are, in reality, traditional semi-automatic rifles and shotguns that have enjoyed popularity among hunters and sport shooters for over a century.
In May 2020, the federal government enacted an Order-in-Council that prohibited 1,500 types of “assault-style” firearms and outlined specific components of the newly banned firearms. Property owners must adhere to the law by October 2023.
Trudeau’s Buyback Hasn’t Happened
“In the announcement regarding the ban, the prime minister stated that the government would seize the prohibited firearms, assuring that their lawful owners would be ‘grandfathered’ or compensated fairly.” “That hasn’t happened,” criminologist Gary Mauser told Rebel News.
Mauser projected expenses ranging from $2.6 billion to $6.7 billion. The figure reflects the compensation costs amounting to $756 million, as outlined by the Parliamentary Budget Office (PBO).
“The projected expenses for gathering the illegal firearms are estimated to range from $1.6 billion to $7 billion.” “This range estimate increases to between $2.647 billion and $7 billion when compensation costs to owners are factored in,” Mauser stated.
Figures requested by Conservative MP Shannon Stubbs concerning firearms prohibited due to the May 1, 2020 Order In Council reveal that $72 million has been allocated to the firearm “buyback” program, yet not a single firearm has been confiscated to date.
In a recent revelation, Public Safety Canada disclosed that the federal government allocated a staggering $41,094,556, as prompted by an order paper question from Conservative Senator Don Plett last September, yet yielded no tangible outcomes.
An internal memo from late 2019 revealed that the Liberals projected their politically motivated harassment would incur a cost of $1.8 billion.
Enforcement efforts Questioned
By December 2023, estimates from TheGunBlog.ca indicate that the Liberals and RCMP had incurred or were responsible for approximately $30 million in personnel expenses related to the enforcement efforts. The union representing the police service previously stated that the effort to confiscate firearms is a “misdirected effort” aimed at ensuring public safety.
“This action diverts crucial personnel, resources, and funding from tackling the more pressing and escalating issue of criminal use of illegal firearms,” stated the National Police Federation (NPF).
The Canadian Sporting Arms & Ammunition Association (CSAAA), representing firearms retailers, has stated it will have “zero involvement” in the confiscation of these firearms. Even Canada Post held back from providing assistance due to safety concerns.
The consultant previously assessed that retailers are sitting on almost $1 billion worth of inventory that cannot be sold or returned to suppliers because of the Order-In-Council.
“Despite the ongoing confusion surrounding the ban, after four years, we ought to be able to address one crucial question.” Has the prohibition enhanced safety for Canadians? Mauser asks.
Illegally Obtained Firearms are the Problem
Statistics Canada reports a 10% increase in firearm-related violent crime between 2020 and 2022, rising from 12,614 incidents to 13,937 incidents. In that timeframe, the incidence of firearm-related violent crime increased from 33.7 incidents per 100,000 population in 2021 to 36.7 incidents the subsequent year.
“This marks the highest rate documented since the collection of comparable data began in 2009,” the criminologist explains.
Supplementary DataData indicates that firearm homicides have risen since 2020. “The issue lies not with lawfully-held firearms,” Mauser stated.
Firearms that have been banned under the Order-in-Council continue to be securely stored in the safes of their lawful owners. The individuals underwent a thorough vetting process by the RCMP and are subject to nightly monitoring to ensure there are no infractions that could pose a risk to public safety.
“The firearms involved in homicides were seldom legally owned weapons wielded by their rightful owners,” Mauser continues. The number of offenses linked to organized crime has surged from 4,810 in 2016 to a staggering 13,056 in 2020.
“If those in power … aim to diminish crime and enhance public safety, they ought to implement strategies that effectively focus on offenders and utilize our limited tax resources judiciously to reach these objectives,” he stated.
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Google’s Search Dominance Is Unwinding, But Still Accounting 48% Search Revenue
Google is so closely associated with its key product that its name is a verb that signifies “search.” However, Google’s dominance in that sector is dwindling.
According to eMarketer, Google will lose control of the US search industry for the first time in decades next year.
Google will remain the dominant search player, accounting for 48% of American search advertising revenue. And, remarkably, Google is still increasing its sales in the field, despite being the dominating player in search since the early days of the George W. Bush administration. However, Amazon is growing at a quicker rate.
Google’s Search Dominance Is Unwinding
Amazon will hold over a quarter of US search ad dollars next year, rising to 27% by 2026, while Google will fall even more, according to eMarketer.
The Wall Street Journal was first to report on the forecast.
Lest you think you’ll have to switch to Bing or Yahoo, this isn’t the end of Google or anything really near.
Google is the fourth-most valued public firm in the world. Its market worth is $2.1 trillion, trailing just Apple, Microsoft, and the AI chip darling Nvidia. It also maintains its dominance in other industries, such as display advertisements, where it dominates alongside Facebook’s parent firm Meta, and video ads on YouTube.
To put those “other” firms in context, each is worth more than Delta Air Lines’ total market value. So, yeah, Google is not going anywhere.
Nonetheless, Google faces numerous dangers to its operations, particularly from antitrust regulators.
On Monday, a federal judge in San Francisco ruled that Google must open up its Google Play Store to competitors, dealing a significant blow to the firm in its long-running battle with Fortnite creator Epic Games. Google announced that it would appeal the verdict.
In August, a federal judge ruled that Google has an illegal monopoly on search. That verdict could lead to the dissolution of the company’s search operation. Another antitrust lawsuit filed last month accuses Google of abusing its dominance in the online advertising business.
Meanwhile, European regulators have compelled Google to follow tough new standards, which have resulted in multiple $1 billion-plus fines.
Google’s Search Dominance Is Unwinding
On top of that, the marketplace is becoming more difficult on its own.
TikTok, the fastest-growing social network, is expanding into the search market. And Amazon has accomplished something few other digital titans have done to date: it has established a habit.
When you want to buy anything, you usually go to Amazon, not Google. Amazon then buys adverts to push companies’ products to the top of your search results, increasing sales and earning Amazon a greater portion of the revenue. According to eMarketer, it is expected to generate $27.8 billion in search revenue in the United States next year, trailing only Google’s $62.9 billion total.
And then there’s AI, the technology that (supposedly) will change everything.
Why search in stilted language for “kendall jenner why bad bunny breakup” or “police moving violation driver rights no stop sign” when you can just ask OpenAI’s ChatGPT, “What’s going on with Kendall Jenner and Bad Bunny?” in “I need help fighting a moving violation involving a stop sign that wasn’t visible.” Google is working on exactly this technology with its Gemini product, but its success is far from guaranteed, especially with Apple collaborating with OpenAI and other businesses rapidly joining the market.
A Google spokeswoman referred to a blog post from last week in which the company unveiled ads in its AI overviews (the AI-generated text that appears at the top of search results). It’s Google’s way of expressing its ability to profit on a changing marketplace while retaining its business, even as its consumers steadily transition to ask-and-answer AI and away from search.
Google has long used a single catchphrase to defend itself against opponents who claim it is a monopoly abusing its power: competition is only a click away. Until recently, that seemed comically obtuse. Really? We are going to switch to Bing? Or Duck Duck Go? Give me a break.
But today, it feels more like reality.
Google is in no danger of disappearing. However, every highly dominating company faces some type of reckoning over time. GE, a Dow mainstay for more than a century, was broken up last year and is now a shell of its previous dominance. Sears declared bankruptcy in 2022 and is virtually out of business. US Steel, long the foundation of American manufacturing, is attempting to sell itself to a Japanese corporation.
SOURCE | CNN
News
The Supreme Court Turns Down Biden’s Government Appeal in a Texas Emergency Abortion Matter.
(VOR News) – A ruling that prohibits emergency abortions that contravene the Supreme Court law in the state of Texas, which has one of the most stringent abortion restrictions in the country, has been upheld by the Supreme Court of the United States. The United States Supreme Court upheld this decision.
The justices did not provide any specifics regarding the underlying reasons for their decision to uphold an order from a lower court that declared hospitals cannot be legally obligated to administer abortions if doing so would violate the law in the state of Texas.
Institutions are not required to perform abortions, as stipulated in the decree. The common populace did not investigate any opposing viewpoints. The decision was made just weeks before a presidential election that brought abortion to the forefront of the political agenda.
This decision follows the 2022 Supreme Court ruling that ended abortion nationwide.
In response to a request from the administration of Vice President Joe Biden to overturn the lower court’s decision, the justices expressed their disapproval.
The government contends that hospitals are obligated to perform abortions in compliance with federal legislation when the health or life of an expectant patient is in an exceedingly precarious condition.
This is the case in regions where the procedure is prohibited. The difficulty hospitals in Texas and other states are experiencing in determining whether or not routine care could be in violation of stringent state laws that prohibit abortion has resulted in an increase in the number of complaints concerning pregnant women who are experiencing medical distress being turned away from emergency rooms.
The administration cited the Supreme Court’s ruling in a case that bore a striking resemblance to the one that was presented to it in Idaho at the beginning of the year. The justices took a limited decision in that case to allow the continuation of emergency abortions without interruption while a lawsuit was still being heard.
In contrast, Texas has been a vocal proponent of the injunction’s continued enforcement. Texas has argued that its circumstances are distinct from those of Idaho, as the state does have an exemption for situations that pose a significant hazard to the health of an expectant patient.
According to the state, the discrepancy is the result of this exemption. The state of Idaho had a provision that safeguarded a woman’s life when the issue was first broached; however, it did not include protection for her health.
Certified medical practitioners are not obligated to wait until a woman’s life is in imminent peril before they are legally permitted to perform an abortion, as determined by the state supreme court.
The state of Texas highlighted this to the Supreme Court.
Nevertheless, medical professionals have criticized the Texas statute as being perilously ambiguous, and a medical board has declined to provide a list of all the disorders that are eligible for an exception. Furthermore, the statute has been criticized for its hazardous ambiguity.
For an extended period, termination of pregnancies has been a standard procedure in medical treatment for individuals who have been experiencing significant issues. It is implemented in this manner to prevent catastrophic outcomes, such as sepsis, organ failure, and other severe scenarios.
Nevertheless, medical professionals and hospitals in Texas and other states with strict abortion laws have noted that it is uncertain whether or not these terminations could be in violation of abortion prohibitions that include the possibility of a prison sentence. This is the case in regions where abortion prohibitions are exceedingly restrictive.
Following the Supreme Court’s decision to overturn Roe v. Wade, which resulted in restrictions on the rights of women to have abortions in several Republican-ruled states, the Texas case was revisited in 2022.
As per the orders that were disclosed by the administration of Vice President Joe Biden, hospitals are still required to provide abortions in cases that are classified as dire emergency.
As stipulated in a piece of health care legislation, the majority of hospitals are obligated to provide medical assistance to patients who are experiencing medical distress. This is in accordance with the law.
The state of Texas maintained that hospitals should not be obligated to provide abortions throughout the litigation, as doing so would violate the state’s constitutional prohibition on abortions. In its January judgment, the 5th United States Circuit Court of Appeals concurred with the state and acknowledged that the administration had exceeded its authority.
SOURCE: AP
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