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SUPREME COURT NOTEBOOK: Diabetes, decisions and justice math
State Law Issues | 2018/04/05 22:51
Visitors attending Supreme Court arguments surrender their electronics on entering the courtroom. So if something rings, chimes or buzzes, it's likely the device's owner is dressed in a black robe.

Last year, a justice's cellphone went off. But last month, when four electronic pings sounded during an argument, the device was different. It belonged to Justice Sonia Sotomayor and was alerting the justice, who is diabetic, that her blood sugar was urgently low.

The 63-year-old justice has had diabetes since childhood, but the sound was the first public notice that she was using a continuous glucose monitor.

Sotomayor's use of the device doesn't indicate a change in her health, experts told The Associated Press, but it does show her embracing a technology that has become more popular with Type 1 diabetics.

In 2013, when Sotomayor did an interview with the American Diabetes Association's "Diabetes Forecast," the magazine reported she was not using one. But in recent years the devices, which use sensors inserted under the skin, have become more accurate, said Cleveland Clinic endocrinologist Kevin Pantalone.

Monitors give users continuous information about glucose levels, rather than the snapshot they get from testing their blood with a finger prick. Information from the sensor gets sent every few minutes to a device where a user can see it charted. Most devices sound alarms at low and high glucose levels. Some monitors work with an insulin pump, which continuously delivers insulin.

It's not clear when Sotomayor began using the technology. She declined comment through a court spokeswoman. But the dinging during arguments on March 21 followed an incident in January where emergency medical personnel treated her at home for symptoms of low blood sugar.

Aaron Kowalski, an expert in diabetes technologies, said an event like that can prompt a person to try a monitor, but even people using the devices can experience low blood sugar that might result in an emergency call. Kowalski, who leads the research and advocacy efforts of JDRF, the Type 1 diabetes research organization, said about 15 percent to 20 percent of Type 1 diabetics now use such a device.


Courts weighing numerous challenges to political boundaries
State Law Issues | 2018/03/24 14:21
The U.S. Supreme Court is scheduled to hear arguments Wednesday on a lawsuit alleging partisan gerrymandering in the drawing of a Maryland congressional district. Eight years after the 2010 Census provided the basis for legislative redistricting, several other cases alleging unconstitutional gerrymandering in various states also are still working their way through the court system.

In Pennsylvania, a recent court ruling reshaped congressional districts for this year's elections. But many of the other cases could have a greater impact in the years to come. That's because they could set precedents that states must follow during the next round of redistricting after the 2020 Census.

Here's a look at some key redistricting cases ruled upon recently or still pending in courts: A federal court in November 2016 struck down Wisconsin's state Assembly districts enacted in 2011 by the Republican-led Legislature and Republican governor as an unconstitutional partisan gerrymander in violation of Democratic voters' rights to representation. The U.S. Supreme Court heard arguments in October 2017 and has yet to rule in the case. It could set a precedent for whether and how courts can determine if partisan gerrymandering is unconstitutional.


Supreme Court leaves in place ruling reviving Flint lawsuits
State Law Issues | 2018/02/27 14:44
The Supreme Court is leaving in place a ruling that revived two federal lawsuits stemming from the lead-tainted water crisis in Flint, Michigan.

The Supreme Court declined Monday to get involved in the cases, leaving in place a decision by the U.S. Court of Appeals for the Sixth Circuit. The appeals court ruled in July 2017 that a federal trial court had improperly dismissed federal civil rights claims in the lawsuits, which were brought by Flint residents. The trial court ruled that a federal law called the Safe Drinking Water Act precluded those claims, but the appeals court disagreed.

The Supreme Court's decision not to get involved means the cases will return to the trial court to move forward. Other similar lawsuits are also at the trial court level.



Delay in Nevada gun buyer law draws protests at court debate
State Law Issues | 2018/02/23 22:28
A lawyer seeking a court order to enforce a Nevada gun buyer screening law that has not been enacted despite voter approval in November 2016 blamed the state's Republican governor and attorney general on Friday for stalling the law.

"For either personal or political reasons," attorney Mark Ferrario told a state court judge in Las Vegas, Gov. Brian Sandoval and GOP state Attorney General Adam Laxalt "chose to stand back and really do nothing."

Nevada Solicitor General Lawrence Van Dyke countered that the law was fatally flawed as written because it requires Nevada to have the FBI expend federal resources to enforce a state law.

"State officials here have not tried to avoid implementing the law," Van Dyke said. "They have negotiated (and) talked with the FBI, and the FBI said no, four times."

Clark County District Court Judge Joe Hardy Jr. made no immediate ruling after more than 90 minutes of arguments on an issue that drew about 25 sign-toting advocates outside the courthouse calling for enactment of the measure.

"The people have spoken," said protest speaker Peter Guzman, president of the Las Vegas Latin Chamber of Commerce. "To deny that voice is to deny democracy."

Some speakers, including Democratic state Assemblywoman Sandra Jauregui, cited the slayings of 58 people by a gunman firing assault-style weapons from a high-rise casino shot into an concert crowd on the Las Vegas Strip last Oct. 1. Jauregui was at the concert.

Others pointed to gun-control measures being debated nationally following a shooting that killed 17 people last week at a school in Parkland, Florida.

In the courtroom, Ferrario referred to what he called a "movement toward increasing gun checks," while the Nevada law has stalled.

"This loophole that the citizens wanted to close remains open because the governor has failed to take appropriate action," the plaintiffs' attorney said.

Sandoval spokeswoman Mari St. Martin dismissed the accusations as "political posturing." She said the initiative specifically prohibits the state Department of Public Safety from handling background checks, leaving "no clear path forward" to enactment.



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