Abortion clinic seeks to sue Ohio over budget restrictions
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A Cleveland abortion clinic asked Ohio's high court on Tuesday to grant it legal standing to sue over abortion-related restrictions tucked into the state's 2013 budget bill.
Preterm of Cleveland argued that the provisions impose added administrative and caseload burdens that clearly qualify the clinic to proceed with its constitutional challenge to the manner in which the bill was put together.
The clinic's attorney, B. Jessie Hill, told justices significant new hurdles are not required to meet the legal burden for standing.
"We have to do something we didn't have to do before: We have to enter into a new contract every two years," she said. "That's all we need to demonstrate."
The clinic disputes budget provisions that required more frequent renewal of a clinic's emergency transfer agreement with a local hospital after prohibiting public hospitals from participating and required testing for a fetal heartbeat before an abortion can be performed.
The state's attorney, Ryan Richardson, argued the clinic has not demonstrated true or threatened harm and so can't legally sue.
"As this court has said, really the essence of standing is having a plaintiff that has a direct and concrete stake in the issues, so that the plaintiff is able to properly sharpen the issues for the court's resolution," she said. "Bringing a plaintiff who is not directly affected impacts the ability to properly present the facts and legal issues that the court needs to properly adjudicate the case."
The lawsuit comes amid abortion clinic closures across Ohio that have coincided with falling abortion rates.
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On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.
For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.
Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.
USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.