Thursday, August 24, 2023
The Mining Journal 5A
State/Nation
South Carolina’s highest
Prosecutor: men
accused in
Whitmer kidnap
court upholds strict
6-week abortion ban
plot wanted war
COLUMBIA, S.C. (AP) — South Carolina’s new all-male
Supreme Court reversed course on abortion Wednesday, up-
BELLAIRE,
Mich.
holding a ban on most such procedures after about six weeks
of pregnancy.
The continued erosion of legal abortion access across the
U.S. South comes after Republican state lawmakers replaced
the lone woman on the court, Justice Kaye Hearn, who
reached the state’s mandatory retirement age.
The 4-1 ruling departs from the court’s own decision
months earlier striking down a similar ban that the Repub-
lican-led Legislature passed in 2021. The latest ban takes
effect immediately.
Writing for the new majority, Justice John Kittredge ac-
knowledged that the 2023 law also infringes on “a woman’s
right of privacy and bodily autonomy,” but said the state
Legislature reasonably determined this time around that those
interests don’t outweigh “the interest of the unborn child to
live.”
“As a Court, unless we can say that the balance struck by
the Legislature was unreasonable as a matter of law, we must
uphold the Act,” Kittredge wrote.
Kittredge wrote that “we leave for another day” a determi-
nation on what the law’s language means for when exactly
during a pregnancy the ban should begin, likely forecasting
another long court fight on that question.
Chief Justice Donald Beatty provided the lone dissent,
arguing that the 2023 law is nearly identical, with definitions
for terms including “fetal heartbeat” and “conception” that
provide no clarity on when the ban begins, exposing doctors
to criminal charges if law enforcement disagrees with their
expertise.
Beatty warned that the majority’s failure to address such a
key question could lead to political retribution. He added that
judicial independence and integrity were weakened by the
court’s decision to backpedal on its prior ruling.
Hearn wrote the majority’s lead opinion in January striking
down the ban as a violation of the state constitution’s right to
privacy. She then reached the court’s mandatory retirement
age, enabling the GOP-led Legislature to put Gary Hill on
what is now the nation’s only state Supreme Court with an
entirely male bench.
Republican lawmakers then crafted a new law to address
Justice John Few’s concern, expressed in the January ruling,
that the Legislature had failed to take into account whether
the restrictions were reasonable enough to infringe upon a
woman’s privacy rights.
Abortion providers, including Planned Parenthood South
Atlantic, sued again. Planned Parenthood South Atlantic’s
lawyer said during oral arguments this summer that both laws
limited abortions at the same point in pregnancy and were
equally unconstitutional.
The 2023 law restricts most abortions once cardiac activity
can be detected, declaring that this happens about six weeks
after a pregnant woman’s last menstrual period. Lawmakers
defined this as “the steady and repetitive rhythmic contraction
of the fetal heart, within the gestational sac.”
But Beatty wrote that at six weeks, the fetus doesn’t exist
yet — it’s still an embryo — and the heart doesn’t develop
until later in a pregnancy. The American College of Obste-
tricians and Gynecologists says it’s inaccurate to call such
“cardiac activity” a heartbeat.
“The terminology is medically and scientifically inaccurate.
As such, it is the quintessential example of political gaslight-
ing; attempting to manipulate public opinion and control the
reproductive health decisions of women by distorting reality,”
Beatty wrote.
The newly sworn Hill joined Wednesday’s majority along
with Few, who had previously voted to overturn the 2021
law. In a separate concurring opinion, Few wrote that the
state constitution’s right to privacy does not provide blanket
protections against “reasonable” invasions.
The majority opinion found a key difference in the lawmak-
ers’ deletion of a reference to a pregnant woman having the
right to make an “informed choice.” The 2023 law expanded
“the notion of choice to the period of time before fertilization,
certainly before a couple passively learns of a pregnancy,”
Few wrote.
That change lengthens the window for couples to avoid un-
wanted pregnancies by promoting “active family planning.”
In addition, the new law provides insured contraceptives to
“almost all couples” and places responsibility on sexually
active couples to actively use pregnancy tests, Few wrote.
Planned Parenthood South Atlantic’s lawyer had noted
during oral arguments that such analysis ignored the possi-
bility for failures in testing and contraceptives. The lawyer
warned that the law’s language could extend beyond abortion
and be used to outlaw birth control.
(AP) — Three men ac-
cused of aiding a plot to
kidnap Michigan Gov.
Gretchen Whitmer were
anarchists who consid-
ered themselves “the new
founding fathers” and
were preparing for blood-
shed, a prosecutor told ju-
rors Wednesday.
“They didn’t like the
U.S. government. They
didn’t like the state gov-
ernment. They all desired
to start a civil war, if you
can believe it,” William
Rollstin of the state attor-
ney general’s office said
in his opening trial state-
ment.
“For the average per-
son, it’s almost impossi-
ble to fathom how brazen,
how bold, how dangerous
these individuals were,”
he said.
Eric Molitor and twin
brothers William Null and
Michael Null are charged
in Antrim County Circuit
Court with providing ma-
terial support for terrorist
acts — punishable by
up to 20 years in prison
— and illegally possess-
ing firearms. They have
pleaded not guilty.
Employees of Walt Disney World’s governing district are criticizing new board members ap-
pointed by Gov. Ron DeSantis for a decision to eliminate free passes and discounts to the theme
park resort for 400 of its district workers.The workers say Wednesday during a district board
meeting that they earned the benefit and eliminating it would make park visits unaffordable.
The Central FloridaTourism Oversight District earlier this week said that $2.5 million in season
passes and discounts provided by their predecessors amounted to unethical benefits and perks.
The district has submitted a complaint to a state Inspector General which investigates fraud,
mismanagement, waste and abuse.
Disney and DeSantis
clash over free passes
By MIKE SCHNEIDER ney’s opposition to a state law week said he was unable to
Associated Press
banning classroom lessons on simultaneously be a commis-
ORLANDO — Employees sexual orientation and gender sion board member and work
of Walt Disney World’s gov- identity in early grades. for the district because the
erning district on Wednesday Firefighter Aaron Clark, commission prohibits public
confronted new board mem- whose father was also a dis- employees from serving on
bers appointed by Gov. Ron trict firefighter, choked up as its board.
DeSantis over a decision to he recounted how growing Gilzean announced at
eliminate their access to free up his dad took him to the Wednesday’s board meeting
passes and discounts to the parks using the passes and that he had resigned from
theme park resort, saying it how he now does the same the ethics commission.
Defense
attorneys
were scheduled to make
opening statements later
Wednesday.
makes park visits unafford- thing with his three daugh-
able. ters.
During a monthly board His father, Ricky Clark, after the company, facing
A fight between DeSantis
and Disney began last year
The defendants were
among 14 men arrested
weeks before the Novem-
ber 2020 election. Nine
have been convicted in
state or federal court, in-
cluding four who pleaded
guilty, while two were ac-
quitted.
Investigators described
them as members of para-
military groups angered
by Whitmer’s COVID-19
policies, which shut down
schools and restricted the
economy.
Eleven women and
seven men were selected
as jurors in the Repub-
lican-leaning county, a
rural area popular with
tourists. Whitmer has
a vacation home in the
Lake Michigan village of
Elk Rapids.
Rollstin told jurors the
three defendants sup-
ported a plan hatched by
ringleaders Adam Fox
and Barry Croft to abduct
the two-term Democratic
governor there and blow
up a bridge to prevent
law enforcement officers
from aiding her.
Informants and under-
cover FBI agents were in-
side the group for months,
leading to arrests. Whit-
mer was not physically
harmed.
The Null brothers, both
41, were leaders of a
group called the Michi-
gan Liberty Militia and
supported the so-called
“boogaloo” movement
that wanted to overthrow
the government, Rollstin
said. Molitor, 39, was re-
cruited by Fox to join his
“civilian army,” the pros-
ecutor said.
meeting, several current and called the elimination of the significant pressure internal-
former district firefighters passes “disturbing” and said ly and externally, publicly
spoke emotionally about that the adversarial attitude opposed the state law which
how the free passes to Disney the district and DeSantis critics have called, “Don’t
parks were a benefit for them have taken toward Disney Say Gay.”
and their families that played “has nothing to do with dis-
a major role in their decision trict employees.”
to work for the 56-year-old “My family had many legislation passed by the Re-
As punishment, DeSantis
took over the district through
district, which provides mu- memories at the park, spend- publican-controlled Florida
nicipal services like mosquito ing time together, memo- Legislature and appointed a
control, drainage, wastewater ries that can never be taken new board of supervisors to
treatment, planning and fire- away,” Ricky Clark said. oversee municipal services
fighting to Disney World. Board chair Martin Garcia for the sprawling theme
“The removal of this bene- defended the decision. The parks and hotels. But the
fit takes away, for some, their passes and discounts unfair- new supervisors’ authority
entire reason for working ly favored Disney over oth- over design and construc-
here,” said firefighter Pete er restaurants and shops that tion was restricted by the
Simon.
operated within the district, company’s agreements with
The Central Florida Tour- employees with large fami- Disney-supporting prede-
ism Oversight District ear- lies got a greater benefit than cessors, which were signed
lier this week said that $2.5 single employees and a pri- before the new board took
million in season passes and vate company can’t give gifts over.
discounts on hotels, mer- to government workers who In response, Florida law-
chandise, food and beverages provide services to it, Garcia makers passed legislation
that their Disney-supporting said.
predecessors provided the
district’s 400 employees offering employees more
that repealed those agree-
Disney has sued DeSantis
In its place, the district was ments.
amounted to unethical perks than $1,400 in a wage in- in federal court, claiming the
that benefited the company, crease, he said. governor violated the com-
with the district footing the The tussle over whether pany’s free speech rights.
bill. The district on Mon- the free passes and discounts The district has sued Disney
day submitted a complaint were an unethical benefit in state court, seeking to nul-
to a state Inspector General, came as the new district ad- lify the agreements.
which investigates fraud, ministrator, who board mem-
mismanagement, waste and bers appointed last May, tion at Wednesday’s meet-
abuse. faced an ethics dilemma of ing, Gilzean said that $4.5
During a budget presenta-
The five members of the his own. Glen Gilzean, who million was targeted for
district’s board were appoint- earns $400,000 annually in litigation expenses for the
ed by DeSantis earlier this his new job, also was chair of 2024 fiscal year, as well as
year after his takeover of the the Florida Commission on $1.9 million for the 2023
district in retaliation for Dis- Ethics. A legal opinion last fiscal year.
Since the U.S. Supreme Court last year overturned Roe v.
Wade, the 1973 ruling that provided nationwide access to
abortion, most GOP-controlled states have enacted or adopt-
ed abortion bans of some kind. All have been challenged in
court.
Beatty must retire in 2024 because he, too, will reach the
mandated retirement age of 72 for judges. Kittredge is the
only judge who applied to replace him. The Legislature is ex-
pected to approve Kittredge and choose another new justice
next year.
Department of Licensing and Regulatory Affairs
Bureau of Construction Codes
Administrative Rules for Construction Codes - Part 8. Electrical Code
Rule Set 2022-59 LR
NOTICE OF PUBLIC HEARING
Thursday, September 21, 2023
09:00 AM
Michigan Library & Historical Center. First Floor Forum
Michigan Historical Center, 702 W Kalamazoo St, Lansing, MI 48915
The Department of Licensing and Regulatory Affairs will hold a public hearing to receive public comments
on proposed changes to the Construction Codes - Part 8. Electrical Code rule set.
Man accused of killing 10 at
supermarket is found
competent for trial
Part 8 of the Construction Code currently adopts by reference the 2017 edition of the National Electrical
Code (NEC), which establishes standards for the safe installation of electrical wiring and equipment. Part
8 also includes rules that amend the NEC to address electrical practices that are specific to Michigan.
The 2023 version of the NEC, which is the most current edition, contains provisions relating to revised
standards and new materials. The proposed rules will adopt by reference the 2023 edition of the NEC
with amendments, deletions, and additions deemed necessary for use in Michigan.
DENVER (AP) — A Col- to understand the proceed-
orado man charged with ings and able to consult with
killing 10 people at a Boul- his lawyers about his case,
der supermarket in 2021 is helping them defend him.
The NEC is one of the component codes of the State Construction Code. Rules will be updated to allow
the industry to take full advantage of new and improved materials and technologies that have come into
use since the 2017 version. Rules may also be rescinded as a result of updates to the national
standards.
competent to proceed to-
ward a trial, prosecutors said at a King Soopers grocery
Wednesday. shocked a state that has seen
The March 22, 2021, attack
The district attorney’s of- its share of mass shootings,
fice announced Wednesday including the 1999 Colum-
that experts at the state men- bine High School massacre
tal hospital say Ahmad Al and the 2012 Aurora movie
Aliwi Alissa no longer has theater shooting. The mass
a mental disability that pre- shooting killed a police of-
vents him from helping in his ficer, shoppers and several
defense and can now partici- store employees at the super-
pate in the court case against market in Boulder, a college
By authority conferred on the proposed rules is found in Section 4 of the Stille-DeRosset-Hale Single
State Construction Code Act, 1972 PA 230, (MCL 125.1504(5)), and Executive Reorganization order
Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, 445.2011, 445.2025, and 445.2030. MCL
125.1504(5) requires that the director add, amend, and rescind rules to update the code, not less than
once every three years, to coincide with the national code change cycle.
The proposed rules will take effect 120 days after filing with the Secretary of State. The proposed rules
of the Michigan Register. Copies of these proposed rules may also be obtained by mail or electronic mail
at the following email address: Lara-bcc-rules@michigan.gov.
him.
A judge still must accept meters) northwest of Denver.
their conclusion in order for Boulder police Officer Eric
criminal proceedings to re- Talley, a 51-year-old father
sume, it said in a statement. of seven, was shot and killed
town about 30 miles (50 kilo-
Comments on these proposed rules may be made at the hearing, by mail, or by electronic mail at the
following addresses until 9/28/2023 at 05:00PM.
Earlier this year, defense while rushing into the store
lawyers confirmed Alissa has with an initial team of police
schizophrenia, a mental dis- officers. In addition, Rikki
order which causes people to Olds, Denny Stong, Neven
have trouble understanding Stanisic, Tralona Bartko-
Attn: Tony Williamson, Bureau of Construction Codes P.O. Box 30254, Lansing, MI 48909
Bureau of Construction Codes, P.O Box 30254, Lansing, MI 48909
reality.
wiak, Teri Leiker, Suzanne
The public hearing will be conducted in compliance with the 1990 Americans with Disabilities Act. If the
hearing is held at a physical location, the building will be accessible with handicap parking available.
Anyone needing assistance to take part in the hearing due to disability may call 517-388-3536 to make
arrangements.
Being deemed mentally Fountain, Kevin Mahoney,
competent does not mean Lynn Murray and Jody Wa-
Alissa has been cured, just ters were killed inside and
that experts think he is able outside the supermarket.
