LINCOLN, Neb. (AP) — The Nebraska Legislature on Friday approved a 12-week abortion ban and restrictions on gender-affirming care for children in a move so contentious that lawmakers on both sides have said they may be unable to work together in the future.

Conservative lawmakers wrangled just enough votes to end a filibuster and pass a bill with both measures. Republican Gov. Jim Pillen, who pushed for the bill and met with various lawmakers to shore up support, has promised to sign it into law.

The mood in the Nebraska Capitol has been volatile since lawmakers on Tuesday advanced by a single vote the hybrid measure that ties together restrictions that Republicans across the U.S. have been pushing. Nebraska's lawmakers have traded insults and promises of retribution, while protesters have loudly voiced their displeasure.

Friday's debate was briefly stopped when protesters in a chamber balcony stood and yelled obscenities at conservative lawmakers while throwing what appeared to be bloody tampons onto the floor. Security arrested at least one person and cleared the balconies. As lawmakers began voting, chants of "Shame! Shame! Shame! Shame!" could be heard coming from outside the chamber.

North Carolina also passed a 12-week abortion ban this week, among a slew of restrictions enacted in states after the U.S. Supreme Court last year struck down the 1973 Roe v. Wade ruling that established a nationwide right to abortion. Fourteen states now have bans throughout pregnancy.

Nebraska, which currently prohibits abortion starting around 20 weeks of pregnancy, had not passed a new ban. The 12-week ban includes exceptions for rape, incest and to save the life of the mother.

The bill also would prevent transgender people under 19 from receiving any gender-confirming surgery. The state's chief medical officer — a political appointee who is currently an ear, nose and throat doctor — would set rules for puberty blockers and hormone therapies. There would be some exceptions for minors who were already receiving treatment before the ban was enacted.

At least 17 states have enacted laws restricting or banning gender-affirming medical care for minors, and proposals are pending before the governors of Texas and Missouri. Medical groups and advocates say such restrictions are further marginalizing transgender youth and threatening their health.

Omaha Sen. Machaela Cavanaugh led an effort to filibuster nearly every bill this session — even ones she supported — to protest the proposed restrictions on gender-affirming care. She railed against conservatives who voted for the hybrid bill and warned that people, medical professionals and businesses will leave the state over it.

Cavanaugh declared in early March that she would "burn the session to the ground over this bill," and she and a handful of progressive allies followed through. They introduced hundreds of amendments and motions to slow every bill at each stage of debate, impeding the work of the Legislature and sending leadership scrambling to prioritize which bills to push through.

After lawmakers merged the abortion limits with the transgender health bill, Cavanaugh clashed with Sen. Julie Slama, who insinuated that conservatives were supporting the restrictions on gender-affirming care to retaliate against Cavanaugh. Slama noted that the restrictions did not initially have the 33 votes needed to survive.

"But then Machaela Cavanaugh got up and ran her mouth because she was just overjoyed that the national media was here to give her some more attention," Slama said. "So that gave us 33 votes."

Cavanaugh responded that it would "cost" conservatives with just days left in the session for lawmakers to pass bills.

"I am going to take all of the time. Every single, solitary minute of it to make sure the speaker has to decide what actually gets scheduled in these last handful of days," she said.

Conservatives in the one-house, officially nonpartisan Legislature announced early this month that they would amend the trans health bill to squeeze in the abortion restrictions. That unconventional move came after conservatives failed to advance a bill that would have banned abortion once cardiac activity can be detected — generally around six weeks of pregnancy, before many women know they are pregnant.

Legislative rules state that a bill failing to defeat a filibuster must be tabled for the year. So opponents were surprised when conservatives announced a plan for a 12-week ban. Progressive lawmakers say it was an underhanded way to ramrod through a ban after the issue already failed. Conservatives say the ban is as a compromise.

Because an emergency clause is attached to the bill, it will take effect once the governor signs it.

<figure>
 <img src="https://media.eaglewebservices.com/public/2022/8/1661523699684.png" alt="The mood in the Nebraska Capitol has been volatile since lawmakers on Tuesday advanced by a single vote the hybrid measure that ties together restrictions that Republicans across the U.S. have been pushing. Photo by Rebecca S. Gratz for Nebraska Examiner" />
 <figcaption>The mood in the Nebraska Capitol has been volatile since lawmakers on Tuesday advanced by a single vote the hybrid measure that ties together restrictions that Republicans across the U.S. have been pushing. Photo by Rebecca S. Gratz for Nebraska Examiner</figcaption>
 </figure>By MARGERY A. BECK&nbsp;LINCOLN, Neb. (AP) — The Nebraska Legislature on Friday approved a 12-week abortion ban and restrictions on gender-affirming care for children in a move so contentious that lawmakers on both sides have said they may be unable to work together in the future.Conservative lawmakers wrangled just enough votes to end a filibuster and pass a bill with both measures. Republican Gov. Jim Pillen, who pushed for the bill and met with various lawmakers to shore up support, has promised to sign it into law.The mood in the Nebraska Capitol has been volatile since lawmakers on Tuesday advanced by a single vote the hybrid measure that ties together restrictions that Republicans across the U.S. have been pushing. Nebraska's lawmakers have traded insults and promises of retribution, while protesters have loudly voiced their displeasure.Friday's debate was briefly stopped when protesters in a chamber balcony stood and yelled obscenities at conservative lawmakers while throwing what appeared to be bloody tampons onto the floor. Security arrested at least one person and cleared the balconies. As lawmakers began voting, chants of "Shame! Shame! Shame! Shame!" could be heard coming from outside the chamber.North Carolina also passed a 12-week abortion ban this week, among a slew of restrictions enacted in states after the U.S. Supreme Court last year struck down the 1973 Roe v. Wade ruling that established a nationwide right to abortion. Fourteen states now have bans throughout pregnancy.Nebraska, which currently prohibits abortion starting around 20 weeks of pregnancy, had not passed a new ban. The 12-week ban includes exceptions for rape, incest and to save the life of the mother.The bill also would prevent transgender people under 19 from receiving any gender-confirming surgery. The state's chief medical officer — a political appointee who is currently an ear, nose and throat doctor — would set rules for puberty blockers and hormone therapies. There would be some exceptions for minors who were already receiving treatment before the ban was enacted.At least 17 states have enacted laws restricting or banning gender-affirming medical care for minors, and proposals are pending before the governors of Texas and Missouri. Medical groups and advocates say such restrictions are further marginalizing transgender youth and threatening their health.Omaha Sen. Machaela Cavanaugh led an effort to filibuster nearly every bill this session — even ones she supported — to protest the proposed restrictions on gender-affirming care. She railed against conservatives who voted for the hybrid bill and warned that people, medical professionals and businesses will leave the state over it.Cavanaugh declared in early March that she would "burn the session to the ground over this bill," and she and a handful of progressive allies followed through. They introduced hundreds of amendments and motions to slow every bill at each stage of debate, impeding the work of the Legislature and sending leadership scrambling to prioritize which bills to push through.After lawmakers merged the abortion limits with the transgender health bill, Cavanaugh clashed with Sen. Julie Slama, who insinuated that conservatives were supporting the restrictions on gender-affirming care to retaliate against Cavanaugh. Slama noted that the restrictions did not initially have the 33 votes needed to survive."But then Machaela Cavanaugh got up and ran her mouth because she was just overjoyed that the national media was here to give her some more attention," Slama said. "So that gave us 33 votes."Cavanaugh responded that it would "cost" conservatives with just days left in the session for lawmakers to pass bills."I am going to take all of the time. Every single, solitary minute of it to make sure the speaker has to decide what actually gets scheduled in these last handful of days," she said.Conservatives in the one-house, officially nonpartisan Legislature announced early this month that they would amend the trans health bill to squeeze in the abortion restrictions. That unconventional move came after conservatives failed to advance a bill that would have banned abortion once cardiac activity can be detected — generally around six weeks of pregnancy, before many women know they are pregnant.Legislative rules state that a bill failing to defeat a filibuster must be tabled for the year. So opponents were surprised when conservatives announced a plan for a 12-week ban. Progressive lawmakers say it was an underhanded way to ramrod through a ban after the issue already failed. Conservatives say the ban is as a compromise.Because an emergency clause is attached to the bill, it will take effect once the governor signs it.

Nebraska lawmakers pass 12-week abortion ban, restrictions on gender-affirming care

By Paul Hamel <a href="https://nebraskaexaminer.com/2022/02/08/state-approved-use-of-pesticide-coated-seed-corn-for-ethanol-plant-a-decade-ago/">Nebraska Examiner</a>

LINCOLN — A ribbon-cutting ceremony this week celebrated the opening of the new CenterPointe Campus for Health and WellBeing.

It’s the kind of facility that state lawmakers hope will be duplicated across the state to<a href="https://nebraskaexaminer.com/briefs/states-mental-health-providers-tout-transformational-bill-aiding-development-of-community-clinics/">&nbsp;improve behavioral health treatment</a>.

On Friday, the Nebraska Legislature gave final approval to Legislative Bill 276, a measure sponsored by Sen. Anna Wishart that seeks to establish a statewide network of “federally certified behavioral health clinics” that treat low-income people and those experiencing homelessness.

Gov. Jim Pillen, who testified in favor of the bill, is expected to sign it into law.

The $27 million CenterPointe’s campus, located in a fully refurbished former dormitory for nursing students, is a&nbsp;fully integrated health clinic that offers mental health, substance care, primary care and pharmacy services, all under one roof.

It also provides affordable apartments for 32 people and houses 24/7 crisis support.

Such “certified” community clinics are required to provide nine core services so that a broader array of help is available and more accessible, advocates say. Such clinics are also required to coordinate better with local law enforcement.

In Missouri, such legislation has led to an increase in mental health providers, LB 276 supporters say.

CenterPointe, along with Lutheran Family Services of Omaha and Fremont, and Community Alliance of Omaha, have already developed certified community behavioral health clinics as federal demonstration projects.

Others clinics are in the development stage at Heartland Family Services in Omaha and South Central Behavioral Health.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/5/1684528191596.png" alt=" A ribbon-cutting ceremony on Thursday celebrated the opening of a new CenterPointe Campus for Health and Wellbeing in Lincoln. (Courtesy of CenterPointe)" />
 <figcaption> A ribbon-cutting ceremony on Thursday celebrated the opening of a new CenterPointe Campus for Health and Wellbeing in Lincoln. (Courtesy of CenterPointe)</figcaption>
 </figure>By Paul Hamel <a href="https://nebraskaexaminer.com/2022/02/08/state-approved-use-of-pesticide-coated-seed-corn-for-ethanol-plant-a-decade-ago/">Nebraska Examiner</a>LINCOLN — A ribbon-cutting ceremony this week celebrated the opening of the new CenterPointe Campus for Health and WellBeing.It’s the kind of facility that state lawmakers hope will be duplicated across the state to<a href="https://nebraskaexaminer.com/briefs/states-mental-health-providers-tout-transformational-bill-aiding-development-of-community-clinics/">&nbsp;improve behavioral health treatment</a>.On Friday, the Nebraska Legislature gave final approval to Legislative Bill 276, a measure sponsored by Sen. Anna Wishart that seeks to establish a statewide network of “federally certified behavioral health clinics” that treat low-income people and those experiencing homelessness.<figure>
 <img src="https://nebraskaexaminer.com/wp-content/uploads/2023/01/IMG_6878-300x169.jpg" alt="-One of the state’s certified community behavioral health clinics will be located at the new CenterPoint Campus for Health and Well Being in Lincoln. (Courtesy of Clark &amp; Enersen)" />
 <figcaption>-One of the state’s certified community behavioral health clinics will be located at the new CenterPoint Campus for Health and Well Being in Lincoln. (Courtesy of Clark &amp; Enersen)</figcaption>
 </figure>Gov. Jim Pillen, who testified in favor of the bill, is expected to sign it into law.The $27 million CenterPointe’s campus, located in a fully refurbished former dormitory for nursing students, is a&nbsp;fully integrated health clinic that offers mental health, substance care, primary care and pharmacy services, all under one roof.It also provides affordable apartments for 32 people and houses 24/7 crisis support.Such “certified” community clinics are required to provide nine core services so that a broader array of help is available and more accessible, advocates say. Such clinics are also required to coordinate better with local law enforcement.In Missouri, such legislation has led to an increase in mental health providers, LB 276 supporters say.CenterPointe, along with Lutheran Family Services of Omaha and Fremont, and Community Alliance of Omaha, have already developed certified community behavioral health clinics as federal demonstration projects.Others clinics are in the development stage at Heartland Family Services in Omaha and South Central Behavioral Health.

New campus opens in Lincoln for health and wellbeing

NEW YORK (AP) —Pro Football Hall of Famer Jim Brown, the unstoppable running back who retired at the peak of his brilliant career to become an actor as well as a prominent civil rights advocate during the 1960s, has died. He was 87.

A spokeswoman for Brown’s family said he passed away peacefully in his Los Angeles home on Thursday night with his wife, Monique, by his side.

One of the greatest players in football history and one of the game’s first superstars, Brown was chosen the NFL’s Most Valuable Player in 1965 and shattered the league’s record books in a short career spanning 1957-65.

Brown led the Cleveland Browns to their last NFL title in 1964 before retiring in his prime after the ’65 season to become an actor. He appeared in more than 30 films, including “Any Given Sunday” and “The Dirty Dozen.”

An unstoppable runner with power, speed and endurance, Brown’s arrival sparked the game’s burgeoning popularity on television.

As Black Americans fought for equality, Brown used his platform and voice to advance their cause.

In 1967, Brown organized a meeting in Cleveland of the nation’s top Black athletes, including Bill Russell and Lew Alcindor, who later became Kareem Abdul-Jabbar, to support boxer Muhammad Ali’s fight against the war in Vietnam.

In later years, he worked to curb gang violence in LA and founded Amer-I-Can, a program to help disadvantaged inner-city youth and ex-convicts.

On the field, there was no one like Brown, who would blast through would-be tacklers, refusing to let one man take him down before sprinting away from linebackers and defensive backs. He was also famous for using a stiff arm to shed defenders in the open field or push them away like they were rag dolls.

“My arms were like my protectors and weapons,” Brown said during an interview with NFL Films.

Indeed, Brown was unlike any back before him, and some feel there has never been anyone better than Cleveland’s incomparable No. 32. At 6-foot-2, 230 pounds, he was dominant, relentless and without mercy, his highlight reels featuring runs around and right through opponents, fighting for every yard, dragging multiple defenders along or finding holes where none seemed to exist.

After Brown was tackled, he’d slowly rise and walk even more slowly back to the huddle — then dominate the defense when he got the ball again.

Off the field, Brown was a contentious character.

While he had a soft spot for those in need, and his generosity changed lives, he also was arrested a half-dozen times, mostly on charges of hitting women.

In June 1999, Brown’s wife, Monique, called 911, saying Brown had smashed her car with a shovel and threatened to kill her. During the trial, Monique Brown recanted. Jim Brown was acquitted of a charge of domestic threats but convicted of misdemeanor vandalism. The Los Angeles judge sentenced Brown to six months in jail when he refused to attend domestic violence counseling.

He also feuded with Browns coach Paul Brown and later with the team’s management, although he played his entire career with Cleveland.

When his playing days ended, Brown set off for Hollywood and eventually settled there. Brown advised Cleveland coach Blanton Collier of his retirement while the team was in training camp and he was on the set of “The Dirty Dozen” in England.

Among his films were “100 Rifles,” “Mars Attacks!” Spike Lee’s “He Got Game,” Oliver Stone’s “Any Given Sunday,” and the satire “I’m Gonna Git You Sucka,” in which he parodied the blaxploitation genre. In 2002, Brown was the subject of Lee’s HBO documentary “Jim Brown: All-American.”

In recent years, Brown’s relationship with the Browns was inconsistent. He served as an adviser to owner Randy Lerner and was hired to counsel the team’s younger players. However, in 2010, Brown parted ways with the team after having his role reduced by incoming team president Mike Holmgren. Brown felt slighted by the perceived demotion — when the club unveiled a “Ring of Honor” inside its downtown stadium, Brown didn’t attend the ceremony in protest.

Brown was an eight-time All-Pro and went to the Pro Bowl in each of his nine years in the league. When Brown walked away from the game at age 30, he held the league’s records for yards (12,312) and touchdowns (126).

And despite his bruising style, Browns never missed a game, playing in 118 straight.

“He told me, ‘Make sure when anyone tackles you he remembers how much it hurts,’” said Hall of Fame tight end John Mackey. “He lived by that philosophy and I always followed that advice.”

A two-sport star at Syracuse — some say he is the best lacrosse player in NCAA history — Brown endured countless racist taunts while playing at the virtually all-white school at the time. Still, he was an All-American in both sports, leading the nation in scoring, and lettered in basketball.

Brown was the sixth overall pick of the 1957 draft, joining a team that routinely played for the title. He was the Offensive Rookie of the Year that season.

Running behind an offensive line featuring Hall of Fame tackles Lou Groza and Mike McCormack, Brown set a league mark with 1,527 yards and scored 17 TDs on his way to the league’s Most Outstanding Player award — a precursor to the MVP — in 1958. Over the next three seasons, he never ran for less than 1,257 yards before picking up just 996 in 1962.

He led the NFL in rushing eight times, gaining a career-best 1,863 yards in 1963. He averaged 104 yards per game, scored 106 rushing touchdowns and averaged an astonishing 5.2 yards per carry. A dangerous receiver as well, Brown finished with 262 catches for 2,499 yards and another 20 TDs.

“I’ve said many times, and I will always say, Jim Brown is the best,” Hall of Fame running back Gale Sayers once said, “and he will still be the best long after all his records are broken.”

Packers great Paul Hornung felt Brown was unstoppable.

“Give me Jim Brown over anybody — at anything,” he said.

Brown’s No. 32 was retired by the Browns in ’71, the same year he entered the Hall of Fame. But he rarely visited Cleveland during the 1970s and ’80s. He and Cleveland owner Art Modell were at odds over his sudden retirement; the two later patched up their differences and remained good friends.

Brown supported Modell’s decision to move Cleveland’s franchise to Baltimore in 1995. It was both a reflection of his loyalty to Modell and another sign of his fierce independence. Brown was one of the few former Browns players not angry with Modell for moving the team.

Many of the modern players couldn’t appreciate Brown or his impact on American sports.

“They have grown up in a different era,” former Browns coach Romeo Crennel said. “He’s one of the greatest players in NFL history and what he was able to accomplish in his time was tremendous. I don’t know that anybody could do what he did, the way he did it, under the circumstances that he had to operate and the things that he had to endure. And for him to go out on top, that’s something that not many guys are able to appreciate either.”

Born on Feb. 17, 1936, in St. Simons, Georgia, Brown was a multisport star at Manhasset High School on Long Island. He averaged 14.9 yards per carry in football and once scored 55 points in a game.

Brown later took up golf, and while playing with Jack Nicklaus in the 1963 Cleveland Pro-Am, he shot a 79.

Brown is survived by his second wife, Monique, and their child. He was divorced after 13 years of marriage from Sue Brown, with whom he had three children.

NEW YORK (AP) —Pro Football Hall of Famer Jim Brown, the unstoppable running back who retired at the peak of his brilliant career to become an actor as well as a prominent civil rights advocate during the 1960s, has died. He was 87.A spokeswoman for Brown’s family said he passed away peacefully in his Los Angeles home on Thursday night with his wife, Monique, by his side.<div><blockquote class="twitter-tweet">Jim Brown Forever 🧡🤎♾️ Legend. Leader. Activist. Visionary. It’s impossible to describe the profound love and gratitude we feel for having the opportunity to be a small piece of Jim’s incredible life and legacy. We mourn his passing, but celebrate the indelible light he… <a href="https://t.co/F2rrTUnsc1">pic.twitter.com/F2rrTUnsc1</a>&mdash; Cleveland Browns (@Browns) <a href="https://twitter.com/Browns/status/1659643647032172563?ref_src=twsrc%5Etfw">May 19, 2023</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div>One of the greatest players in football history and one of the game’s first superstars, Brown was chosen the NFL’s Most Valuable Player in 1965 and shattered the league’s record books in a short career spanning 1957-65.Brown led the Cleveland Browns to their last NFL title in 1964 before retiring in his prime after the ’65 season to become an actor. He appeared in more than 30 films, including “Any Given Sunday” and “The Dirty Dozen.”<div><blockquote class="twitter-tweet">We are heartbroken by the passing of the legendary Jim Brown. One of the greatest players in NFL history, a true pioneer and activist. Jim Brown’s legacy will live on forever. 🕊️ <a href="https://t.co/byBcZ0c7KG">pic.twitter.com/byBcZ0c7KG</a>&mdash; NFL (@NFL) <a href="https://twitter.com/NFL/status/1659646973421715456?ref_src=twsrc%5Etfw">May 19, 2023</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script></div>An unstoppable runner with power, speed and endurance, Brown’s arrival sparked the game’s burgeoning popularity on television.As Black Americans fought for equality, Brown used his platform and voice to advance their cause.In 1967, Brown organized a meeting in Cleveland of the nation’s top Black athletes, including Bill Russell and Lew Alcindor, who later became Kareem Abdul-Jabbar, to support boxer Muhammad Ali’s fight against the war in Vietnam.In later years, he worked to curb gang violence in LA and founded Amer-I-Can, a program to help disadvantaged inner-city youth and ex-convicts.On the field, there was no one like Brown, who would blast through would-be tacklers, refusing to let one man take him down before sprinting away from linebackers and defensive backs. He was also famous for using a stiff arm to shed defenders in the open field or push them away like they were rag dolls.“My arms were like my protectors and weapons,” Brown said during an interview with NFL Films.Indeed, Brown was unlike any back before him, and some feel there has never been anyone better than Cleveland’s incomparable No. 32. At 6-foot-2, 230 pounds, he was dominant, relentless and without mercy, his highlight reels featuring runs around and right through opponents, fighting for every yard, dragging multiple defenders along or finding holes where none seemed to exist.After Brown was tackled, he’d slowly rise and walk even more slowly back to the huddle — then dominate the defense when he got the ball again.Off the field, Brown was a contentious character.While he had a soft spot for those in need, and his generosity changed lives, he also was arrested a half-dozen times, mostly on charges of hitting women.In June 1999, Brown’s wife, Monique, called 911, saying Brown had smashed her car with a shovel and threatened to kill her. During the trial, Monique Brown recanted. Jim Brown was acquitted of a charge of domestic threats but convicted of misdemeanor vandalism. The Los Angeles judge sentenced Brown to six months in jail when he refused to attend domestic violence counseling.He also feuded with Browns coach Paul Brown and later with the team’s management, although he played his entire career with Cleveland.When his playing days ended, Brown set off for Hollywood and eventually settled there. Brown advised Cleveland coach Blanton Collier of his retirement while the team was in training camp and he was on the set of “The Dirty Dozen” in England.Among his films were “100 Rifles,” “Mars Attacks!” Spike Lee’s “He Got Game,” Oliver Stone’s “Any Given Sunday,” and the satire “I’m Gonna Git You Sucka,” in which he parodied the blaxploitation genre. In 2002, Brown was the subject of Lee’s HBO documentary “Jim Brown: All-American.”In recent years, Brown’s relationship with the Browns was inconsistent. He served as an adviser to owner Randy Lerner and was hired to counsel the team’s younger players. However, in 2010, Brown parted ways with the team after having his role reduced by incoming team president Mike Holmgren. Brown felt slighted by the perceived demotion — when the club unveiled a “Ring of Honor” inside its downtown stadium, Brown didn’t attend the ceremony in protest.Brown was an eight-time All-Pro and went to the Pro Bowl in each of his nine years in the league. When Brown walked away from the game at age 30, he held the league’s records for yards (12,312) and touchdowns (126).And despite his bruising style, Browns never missed a game, playing in 118 straight.“He told me, ‘Make sure when anyone tackles you he remembers how much it hurts,’” said Hall of Fame tight end John Mackey. “He lived by that philosophy and I always followed that advice.”A two-sport star at Syracuse — some say he is the best lacrosse player in NCAA history — Brown endured countless racist taunts while playing at the virtually all-white school at the time. Still, he was an All-American in both sports, leading the nation in scoring, and lettered in basketball.Brown was the sixth overall pick of the 1957 draft, joining a team that routinely played for the title. He was the Offensive Rookie of the Year that season.Running behind an offensive line featuring Hall of Fame tackles Lou Groza and Mike McCormack, Brown set a league mark with 1,527 yards and scored 17 TDs on his way to the league’s Most Outstanding Player award — a precursor to the MVP — in 1958. Over the next three seasons, he never ran for less than 1,257 yards before picking up just 996 in 1962.He led the NFL in rushing eight times, gaining a career-best 1,863 yards in 1963. He averaged 104 yards per game, scored 106 rushing touchdowns and averaged an astonishing 5.2 yards per carry. A dangerous receiver as well, Brown finished with 262 catches for 2,499 yards and another 20 TDs.“I’ve said many times, and I will always say, Jim Brown is the best,” Hall of Fame running back Gale Sayers once said, “and he will still be the best long after all his records are broken.”Packers great Paul Hornung felt Brown was unstoppable.“Give me Jim Brown over anybody — at anything,” he said.Brown’s No. 32 was retired by the Browns in ’71, the same year he entered the Hall of Fame. But he rarely visited Cleveland during the 1970s and ’80s. He and Cleveland owner Art Modell were at odds over his sudden retirement; the two later patched up their differences and remained good friends.Brown supported Modell’s decision to move Cleveland’s franchise to Baltimore in 1995. It was both a reflection of his loyalty to Modell and another sign of his fierce independence. Brown was one of the few former Browns players not angry with Modell for moving the team.Many of the modern players couldn’t appreciate Brown or his impact on American sports.“They have grown up in a different era,” former Browns coach Romeo Crennel said. “He’s one of the greatest players in NFL history and what he was able to accomplish in his time was tremendous. I don’t know that anybody could do what he did, the way he did it, under the circumstances that he had to operate and the things that he had to endure. And for him to go out on top, that’s something that not many guys are able to appreciate either.”Born on Feb. 17, 1936, in St. Simons, Georgia, Brown was a multisport star at Manhasset High School on Long Island. He averaged 14.9 yards per carry in football and once scored 55 points in a game.Brown later took up golf, and while playing with Jack Nicklaus in the 1963 Cleveland Pro-Am, he shot a 79.Brown is survived by his second wife, Monique, and their child. He was divorced after 13 years of marriage from Sue Brown, with whom he had three children.___

🏈 All-time NFL great running back, social activist Jim Brown dead at 87

HELENA, Mont. (AP) — Five TikTok content creators have filed a lawsuit seeking to overturn Montana's&nbsp;<a href="https://apnews.com/article/tiktok-ban-montana-325a33578a2bbfbe53e9c251d528c5fb">first-in-the-nation ban</a>&nbsp;on the video sharing app, arguing the law is an unconstitutional violation of free speech rights.

The Montana residents also argued in the complaint, filed in federal court late Wednesday without public notice, that the state doesn't have any authority over matters of national security. Republican Gov. Greg Gianforte signed the bill into law Wednesday and said it would protect Montana residents’ private data and personal information from being harvested by the Chinese government.

The ban is scheduled to take effect on Jan. 1, 2024.

“The law takes the broadest possible approach to its objectives, restricting and banning the protected speech of all TikTok users in Montana to prevent the speculative and unsubstantiated possibility that the Chinese government might direct TikTok Inc., or its parent, to spy on some Montana users,” the complaint states.

“We expected a legal challenge and are fully prepared to defend the law,” said Emily Flower, spokeswoman for the Montana Department of Justice.

TikTok has argued the law infringes on people’s First Amendment rights.

However, spokesperson Brooke Oberwetter declined to comment on the lawsuit Thursday. She also declined to say whether the company helped coordinate the complaint.

The plaintiffs are Montana residents who use the video-sharing app for things like promoting a business, connecting with military veterans, sharing outdoor adventures or expressing their sense of humor. Two of them have more than 200,000 followers.

One content creator, Carly Ann Goddard, shares videos about living on a ranch, parenting, recipes and home decor. Her account has 97,000 followers and has allowed her to roughly triple her family's household income, the complaint states. TikTok creators can make money in several ways, including by being paid to advertise products to their followers.

The lawsuit — filed just hours after Gianforte signed the measure into law — states the ban would “immediately and permanently deprive Plaintiffs of their ability to express themselves and communicate with others.”

“Montana can no more ban its residents from viewing or posting to TikTok than it could ban the Wall Street Journal because of who owns it or the ideas it publishes,” the plaintiffs’ attorneys wrote.

The case could serve as a testing ground for the&nbsp;<a href="https://apnews.com/article/tiktok-ban-ceo-congressional-hearing-bytedance-china-44d948c5b0ba18e2a714e0fa62d52779">TikTok-free America</a>&nbsp;many national lawmakers have envisioned. Cybersecurity experts say it could be&nbsp;<a href="https://apnews.com/article/tiktok-ban-montana-china-data-chinese-government-71143a3a87c9a0b692d927f72b6fec70">difficult to enforce.</a>

Some lawmakers, the FBI and officials at other agencies are concerned the video-sharing app, owned by ByteDance,&nbsp;<a href="https://apnews.com/article/tiktok-ban-ceo-congressional-hearing-bytedance-china-44d948c5b0ba18e2a714e0fa62d52779">could be used to allow the Chinese government to access information on U.S. citizens</a>&nbsp;or push pro-Beijing misinformation that could influence the public. TikTok says none of this has ever happened.

A former executive at ByteDance alleges the tech giant has served as&nbsp;<a href="https://apnews.com/article/tiktok-china-government-data-bytedance-23233034319c2e1f84c384e5e8dc489c">a “propaganda tool"</a>&nbsp;for the Chinese government, a claim ByteDance says is baseless.

China passed laws in 2014 and 2017 that compel companies to cooperate with the country’s government for state intelligence work. TikTok says it has never been asked to hand over its data and it wouldn’t do so if asked.

“TikTok is spying on Americans. Period,” Montana Attorney General Austin Knudsen told a legislative committee in March. “TikTok is a tool of the Chinese Communist Party. It is owned by a Chinese company, and under China law, if you are based in China, you will cooperate with the Chinese Communist Party. Period.”

More than half the U.S. states, including Montana, and the federal government have banned TikTok&nbsp;<a href="https://apnews.com/article/why-is-tiktok-being-banned-7d2de01d3ac5ab2b8ec2239dc7f2b20d">from government-owned devices</a>.

Montana’s law would prohibit downloads of TikTok in the state and would fine any “entity” — an app store or TikTok — $10,000 per day for each time someone “is offered the ability” to access the social media platform or download the app. The penalties would not apply to users.

Opponents say Montana residents could easily circumvent the ban by using a virtual private network, a service that shields internet users by encrypting their data traffic, preventing others from observing their web browsing. Montana state officials say geofencing technology is used with online sports gambling apps, which are deactivated in states where online gambling is illegal.

The idea of a TikTok ban has been around since 2020, when then-President Donald Trump attempted to bar the company from operating in the U.S. through an executive order that was&nbsp;<a href="https://apnews.com/article/donald-trump-entertainment-pennsylvania-courts-3573972d3aa6bee78304e3195ffe4ade">halted in federal courts</a>. President Joe Biden’s administration initially shelved those plans, but more recently threatened to ban the app if the company’s Chinese owners don’t sell their stakes.

Montana's law would be nullified if the federal government placed a ban on TikTok or if it was sold to a company not based in a country that is federally designated as a foreign adversary, which currently includes China, Russia, North Korea, Iran and Cuba.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/5/1684459314177.png" alt="" />
 <figcaption></figcaption>
 </figure>HELENA, Mont. (AP) — Five TikTok content creators have filed a lawsuit seeking to overturn Montana's&nbsp;<a href="https://apnews.com/article/tiktok-ban-montana-325a33578a2bbfbe53e9c251d528c5fb">first-in-the-nation ban</a>&nbsp;on the video sharing app, arguing the law is an unconstitutional violation of free speech rights.The Montana residents also argued in the complaint, filed in federal court late Wednesday without public notice, that the state doesn't have any authority over matters of national security. Republican Gov. Greg Gianforte signed the bill into law Wednesday and said it would protect Montana residents’ private data and personal information from being harvested by the Chinese government.The ban is scheduled to take effect on Jan. 1, 2024.“The law takes the broadest possible approach to its objectives, restricting and banning the protected speech of all TikTok users in Montana to prevent the speculative and unsubstantiated possibility that the Chinese government might direct TikTok Inc., or its parent, to spy on some Montana users,” the complaint states.<figure>
 <img src="https://media.eaglewebservices.com/public/2023/4/1680519366694.png" alt="-Rep. Jamaal Bowman (D NY) said during a March 22 rally, "Instead of banning TikTok we need comprehensive legislation to ensure social media users' data is safe and secure."-photo CSPAN" />
 <figcaption>-Rep. Jamaal Bowman (D NY) said during a March 22 rally, "Instead of banning TikTok we need comprehensive legislation to ensure social media users' data is safe and secure."-photo CSPAN</figcaption>
 </figure>“We expected a legal challenge and are fully prepared to defend the law,” said Emily Flower, spokeswoman for the Montana Department of Justice.TikTok has argued the law infringes on people’s First Amendment rights.However, spokesperson Brooke Oberwetter declined to comment on the lawsuit Thursday. She also declined to say whether the company helped coordinate the complaint.The plaintiffs are Montana residents who use the video-sharing app for things like promoting a business, connecting with military veterans, sharing outdoor adventures or expressing their sense of humor. Two of them have more than 200,000 followers.One content creator, Carly Ann Goddard, shares videos about living on a ranch, parenting, recipes and home decor. Her account has 97,000 followers and has allowed her to roughly triple her family's household income, the complaint states. TikTok creators can make money in several ways, including by being paid to advertise products to their followers.The lawsuit — filed just hours after Gianforte signed the measure into law — states the ban would “immediately and permanently deprive Plaintiffs of their ability to express themselves and communicate with others.”“Montana can no more ban its residents from viewing or posting to TikTok than it could ban the Wall Street Journal because of who owns it or the ideas it publishes,” the plaintiffs’ attorneys wrote.The case could serve as a testing ground for the&nbsp;<a href="https://apnews.com/article/tiktok-ban-ceo-congressional-hearing-bytedance-china-44d948c5b0ba18e2a714e0fa62d52779">TikTok-free America</a>&nbsp;many national lawmakers have envisioned. Cybersecurity experts say it could be&nbsp;<a href="https://apnews.com/article/tiktok-ban-montana-china-data-chinese-government-71143a3a87c9a0b692d927f72b6fec70">difficult to enforce.</a>Some lawmakers, the FBI and officials at other agencies are concerned the video-sharing app, owned by ByteDance,&nbsp;<a href="https://apnews.com/article/tiktok-ban-ceo-congressional-hearing-bytedance-china-44d948c5b0ba18e2a714e0fa62d52779">could be used to allow the Chinese government to access information on U.S. citizens</a>&nbsp;or push pro-Beijing misinformation that could influence the public. TikTok says none of this has ever happened.A former executive at ByteDance alleges the tech giant has served as&nbsp;<a href="https://apnews.com/article/tiktok-china-government-data-bytedance-23233034319c2e1f84c384e5e8dc489c">a “propaganda tool"</a>&nbsp;for the Chinese government, a claim ByteDance says is baseless.China passed laws in 2014 and 2017 that compel companies to cooperate with the country’s government for state intelligence work. TikTok says it has never been asked to hand over its data and it wouldn’t do so if asked.“TikTok is spying on Americans. Period,” Montana Attorney General Austin Knudsen told a legislative committee in March. “TikTok is a tool of the Chinese Communist Party. It is owned by a Chinese company, and under China law, if you are based in China, you will cooperate with the Chinese Communist Party. Period.”More than half the U.S. states, including Montana, and the federal government have banned TikTok&nbsp;<a href="https://apnews.com/article/why-is-tiktok-being-banned-7d2de01d3ac5ab2b8ec2239dc7f2b20d">from government-owned devices</a>.Montana’s law would prohibit downloads of TikTok in the state and would fine any “entity” — an app store or TikTok — $10,000 per day for each time someone “is offered the ability” to access the social media platform or download the app. The penalties would not apply to users.Opponents say Montana residents could easily circumvent the ban by using a virtual private network, a service that shields internet users by encrypting their data traffic, preventing others from observing their web browsing. Montana state officials say geofencing technology is used with online sports gambling apps, which are deactivated in states where online gambling is illegal.The idea of a TikTok ban has been around since 2020, when then-President Donald Trump attempted to bar the company from operating in the U.S. through an executive order that was&nbsp;<a href="https://apnews.com/article/donald-trump-entertainment-pennsylvania-courts-3573972d3aa6bee78304e3195ffe4ade">halted in federal courts</a>. President Joe Biden’s administration initially shelved those plans, but more recently threatened to ban the app if the company’s Chinese owners don’t sell their stakes.Montana's law would be nullified if the federal government placed a ban on TikTok or if it was sold to a company not based in a country that is federally designated as a foreign adversary, which currently includes China, Russia, North Korea, Iran and Cuba.

TikTok content creators file lawsuit against first-in-nation law banning app

LINCOLN, Neb. (AP) — Conservative Nebraska lawmakers are expected to have just enough votes to pass a bill Friday that combines a ban on gender-affirming care for minors with a 12-week abortion ban.

The mood in the Nebraska Capitol since the&nbsp;<a href="https://apnews.com/article/trans-health-abortion-laws-nebraska-3bd01980e0df33bc89afc3d5b0c11f93">hybrid measure</a>&nbsp;was advanced Tuesday by a single vote has been volatile. Lawmakers have traded insults and promises of retribution on the legislative floor and protesters have loudly voiced their displeasure even in the days after vote.

Omaha Sen. Machaela Cavanaugh has led an effort to&nbsp;<a href="https://apnews.com/article/filibuster-transgender-gender-affirming-therapy-bill-nebraska-cavanaugh-b9018fd1bf72112ca984ff58679eda6d">filibuster nearly every bill</a>&nbsp;this session — even ones she supports — to protest&nbsp;<a href="https://apnews.com/article/transgender-health-ban-bill-nebraska-60d64c873ef9279b607f5c172b366473">the ban on gender-affirming care for minors</a>. She has railed against conservatives who voted for the hybrid bill and warned that people, medical professionals and businesses will leave the state over it.

Cavanaugh declared in early March that she would “burn the session to the ground over this bill,” and she and a handful of progressive allies have followed through since. They have introduced hundreds of amendments and motions to slow every bill at every stage of debate, impeding the work of the Legislature and sending leadership scrambling to prioritize which bills to push through.

The day after lawmakers merged the abortion limits with the trans health bill, she clashed with Sen. Julie Slama, who insinuated that conservatives were supporting the ban on gender-affirming care to retaliate against Cavanaugh. Slama noted that the ban did not initially have the 33 votes needed to survive.

“But then Machaela Cavanaugh got up and ran her mouth because she was just overjoyed that the national media was here to give her some more attention,” Slama said. “So that gave us 33 votes.”

Cavanaugh responded that she was willing to suffer conservatives' scorn.

“But it's going to cost you something, colleagues,” she said. “I am going to take all of the time. Every single, solitary minute of it to make sure the speaker has to decide what actually gets scheduled in these last handful of days.”

Conservatives in the one-house, officially nonpartisan Legislature announced early this month that they would amend the trans health bill to squeeze in the abortion restrictions, creating a bill that combines the two most contentious measures of the session.

That unconventional move came after conservatives&nbsp;<a href="https://apnews.com/article/abortion-heartbeat-bill-nebraska-78b861951e8cc0ca92fa320820e2cbee">failed to advance a bill</a>&nbsp;that would have banned abortion once&nbsp;<a href="https://apnews.com/article/abortion-laws-government-and-politics-health-77c9ba98c4f4ab46fdbd5bcc47b5b938">cardiac activity</a>&nbsp;can be detected — which happens around six weeks of pregnancy, before many women know they are pregnant. Nebraska currently bans abortions starting at 20 weeks of pregnancy.

Legislative rules state that a bill failing to defeat a filibuster must be tabled for the year. So opponents were surprised when conservatives announced a plan for a&nbsp;<a href="https://apnews.com/article/nebraska-abortion-restrictions-3c0938049b10271452898d9a86fa298c">12-week ban</a>. Progressive lawmakers say it was an underhanded way to ramrod through a ban after the issue had already failed. Conservatives say they view it as a compromise.

A supermajority of 33 votes are needed Friday to end debate, after which a simple majority of the Legislature's 49 lawmakers can pass the hybrid bill. Republican Gov. Jim Pillen has said he would sign it into law. Because an emergency clause is attached to the bill, it will take effect immediately.

<figure>
 <img src="https://media.eaglewebservices.com/public/2022/9/1662042112970.png" alt="Omaha Sen. Machaela Cavanaugh has led an effort to&nbsp;<a href="https://apnews.com/article/filibuster-transgender-gender-affirming-therapy-bill-nebraska-cavanaugh-b9018fd1bf72112ca984ff58679eda6d">filibuster nearly every bill</a>&nbsp;this session — even ones she supports — to protest&nbsp;<a href="https://apnews.com/article/transgender-health-ban-bill-nebraska-60d64c873ef9279b607f5c172b366473">the ban on gender-affirming care for minors</a>.(Nebraska Unicameral Information Office)" />
 <figcaption>Omaha Sen. Machaela Cavanaugh has led an effort to&nbsp;<a href="https://apnews.com/article/filibuster-transgender-gender-affirming-therapy-bill-nebraska-cavanaugh-b9018fd1bf72112ca984ff58679eda6d">filibuster nearly every bill</a>&nbsp;this session — even ones she supports — to protest&nbsp;<a href="https://apnews.com/article/transgender-health-ban-bill-nebraska-60d64c873ef9279b607f5c172b366473">the ban on gender-affirming care for minors</a>.(Nebraska Unicameral Information Office)</figcaption>
 </figure>LINCOLN, Neb. (AP) — Conservative Nebraska lawmakers are expected to have just enough votes to pass a bill Friday that combines a ban on gender-affirming care for minors with a 12-week abortion ban.The mood in the Nebraska Capitol since the&nbsp;<a href="https://apnews.com/article/trans-health-abortion-laws-nebraska-3bd01980e0df33bc89afc3d5b0c11f93">hybrid measure</a>&nbsp;was advanced Tuesday by a single vote has been volatile. Lawmakers have traded insults and promises of retribution on the legislative floor and protesters have loudly voiced their displeasure even in the days after vote.Omaha Sen. Machaela Cavanaugh has led an effort to&nbsp;<a href="https://apnews.com/article/filibuster-transgender-gender-affirming-therapy-bill-nebraska-cavanaugh-b9018fd1bf72112ca984ff58679eda6d">filibuster nearly every bill</a>&nbsp;this session — even ones she supports — to protest&nbsp;<a href="https://apnews.com/article/transgender-health-ban-bill-nebraska-60d64c873ef9279b607f5c172b366473">the ban on gender-affirming care for minors</a>. She has railed against conservatives who voted for the hybrid bill and warned that people, medical professionals and businesses will leave the state over it.Cavanaugh declared in early March that she would “burn the session to the ground over this bill,” and she and a handful of progressive allies have followed through since. They have introduced hundreds of amendments and motions to slow every bill at every stage of debate, impeding the work of the Legislature and sending leadership scrambling to prioritize which bills to push through.The day after lawmakers merged the abortion limits with the trans health bill, she clashed with Sen. Julie Slama, who insinuated that conservatives were supporting the ban on gender-affirming care to retaliate against Cavanaugh. Slama noted that the ban did not initially have the 33 votes needed to survive.“But then Machaela Cavanaugh got up and ran her mouth because she was just overjoyed that the national media was here to give her some more attention,” Slama said. “So that gave us 33 votes.”Cavanaugh responded that she was willing to suffer conservatives' scorn.“But it's going to cost you something, colleagues,” she said. “I am going to take all of the time. Every single, solitary minute of it to make sure the speaker has to decide what actually gets scheduled in these last handful of days.”Conservatives in the one-house, officially nonpartisan Legislature announced early this month that they would amend the trans health bill to squeeze in the abortion restrictions, creating a bill that combines the two most contentious measures of the session.That unconventional move came after conservatives&nbsp;<a href="https://apnews.com/article/abortion-heartbeat-bill-nebraska-78b861951e8cc0ca92fa320820e2cbee">failed to advance a bill</a>&nbsp;that would have banned abortion once&nbsp;<a href="https://apnews.com/article/abortion-laws-government-and-politics-health-77c9ba98c4f4ab46fdbd5bcc47b5b938">cardiac activity</a>&nbsp;can be detected — which happens around six weeks of pregnancy, before many women know they are pregnant. Nebraska currently bans abortions starting at 20 weeks of pregnancy.Legislative rules state that a bill failing to defeat a filibuster must be tabled for the year. So opponents were surprised when conservatives announced a plan for a&nbsp;<a href="https://apnews.com/article/nebraska-abortion-restrictions-3c0938049b10271452898d9a86fa298c">12-week ban</a>. Progressive lawmakers say it was an underhanded way to ramrod through a ban after the issue had already failed. Conservatives say they view it as a compromise.A supermajority of 33 votes are needed Friday to end debate, after which a simple majority of the Legislature's 49 lawmakers can pass the hybrid bill. Republican Gov. Jim Pillen has said he would sign it into law. Because an emergency clause is attached to the bill, it will take effect immediately.

Nebraska expected to pass combo bill on abortion, gender-affirming care for minors

WASHINGTON (AP) — The Pentagon has overestimated the value of the&nbsp;<a href="https://apnews.com/article/ukraine-weapons-funding-security-war-russia-d27594b9b26beff6bcee4b7a2ec8424b">weapons it has sent to Ukraine</a>&nbsp;by at least $3 billion — an accounting error that could be a boon for the war effort because it will allow the Defense Department to send more weapons now without asking Congress for more money.

The acknowledgment Thursday comes at a time when Pentagon is under increased pressure by Congress to show accountability for the billions of dollars it has sent in weapons, ammunition and equipment to Ukraine and as some lawmakers question whether that level of support should continue.

It also could free up more money for critical weapons as Ukraine is on the verge of a much anticipated counteroffensive — which will require as much military aid as they can get.&nbsp;<a href="https://apnews.com/article/zelenskyy-europe-tour-weapons-jets-1cf0afe5bf3a3f5a51c5603aab2ccf5e">Ukrainian President Volodymyr Zelenskyy</a>&nbsp;has previously said the offensive was delayed because they did not yet have everything they needed.

The error was caused when officials overvalued some of the systems sent to Ukraine, using the value of money it would cost to replace an item completely rather than the current value of the weapon. In many of the military aid packages, the Pentagon has opted to draw from its stockpiles of older, existing gear because it can get those items to Ukraine faster.

“During our regular oversight process of presidential drawdown packages, the Department discovered inconsistencies in equipment valuation for Ukraine. In some cases, ‘replacement cost’ rather than ‘net book value’ was used, therefore overestimating the value of the equipment drawn down from U.S. stocks,” said Pentagon spokeswoman Sabrina Singh.

She added that the mistake hasn't constrained U.S. support to Ukraine or hampered the ability to send aid to the battlefield.

A defense official said the Pentagon is still trying to determine exactly how much the total surplus will be. The official, who spoke on condition of anonymity to discuss internal deliberations, said the comptroller has asked the military services to review all previous Ukraine aid packages using the proper cost figures. The result, said the official, will be that the department will have more available funding authority to use as the Ukraine offensive nears.

The aid surplus was first reported by The Wall Street Journal.

To date the U.S. has provided Ukraine nearly $37 billion in military aid since Russia invaded in February 2022. The bulk of that has been in weapons systems, millions of munitions and ammunition rounds, and an array of trucks, sensors, radars and other equipment pulled from Pentagon stockpiles and sent quickly to Ukraine.

Members of Congress have repeatedly pressed Defense Department leaders on how closely the U.S. is tracking its aid to Ukraine to ensure that it is not subject to fraud or ending up in the wrong hands. The Pentagon has said it has a “robust program” to track the aid as it crosses the border into Ukraine and to keep tabs on it once it is there, depending on the sensitivity of each weapons system.

There also is a small team of Americans in Ukraine working with Ukrainians to do physical inspections when possible, but also virtual inspections when needed, since those teams are not going to the front lines.

In late February, the Pentagon’s inspector general said his office has found no evidence yet that any of the billions of dollars in weapons and aid to Ukraine has been lost to corruption or diverted into the wrong hands. He cautioned that those investigations are only in their early stages.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/1/1673396092973.png" alt="The Patriot missile defense system is among the items sent to Ukraine-Photo U.S. Defense Department" />
 <figcaption>The Patriot missile defense system is among the items sent to Ukraine-Photo U.S. Defense Department</figcaption>
 </figure>WASHINGTON (AP) — The Pentagon has overestimated the value of the&nbsp;<a href="https://apnews.com/article/ukraine-weapons-funding-security-war-russia-d27594b9b26beff6bcee4b7a2ec8424b">weapons it has sent to Ukraine</a>&nbsp;by at least $3 billion — an accounting error that could be a boon for the war effort because it will allow the Defense Department to send more weapons now without asking Congress for more money.The acknowledgment Thursday comes at a time when Pentagon is under increased pressure by Congress to show accountability for the billions of dollars it has sent in weapons, ammunition and equipment to Ukraine and as some lawmakers question whether that level of support should continue.It also could free up more money for critical weapons as Ukraine is on the verge of a much anticipated counteroffensive — which will require as much military aid as they can get.&nbsp;<a href="https://apnews.com/article/zelenskyy-europe-tour-weapons-jets-1cf0afe5bf3a3f5a51c5603aab2ccf5e">Ukrainian President Volodymyr Zelenskyy</a>&nbsp;has previously said the offensive was delayed because they did not yet have everything they needed.The error was caused when officials overvalued some of the systems sent to Ukraine, using the value of money it would cost to replace an item completely rather than the current value of the weapon. In many of the military aid packages, the Pentagon has opted to draw from its stockpiles of older, existing gear because it can get those items to Ukraine faster.“During our regular oversight process of presidential drawdown packages, the Department discovered inconsistencies in equipment valuation for Ukraine. In some cases, ‘replacement cost’ rather than ‘net book value’ was used, therefore overestimating the value of the equipment drawn down from U.S. stocks,” said Pentagon spokeswoman Sabrina Singh.She added that the mistake hasn't constrained U.S. support to Ukraine or hampered the ability to send aid to the battlefield.A defense official said the Pentagon is still trying to determine exactly how much the total surplus will be. The official, who spoke on condition of anonymity to discuss internal deliberations, said the comptroller has asked the military services to review all previous Ukraine aid packages using the proper cost figures. The result, said the official, will be that the department will have more available funding authority to use as the Ukraine offensive nears.The aid surplus was first reported by The Wall Street Journal.To date the U.S. has provided Ukraine nearly $37 billion in military aid since Russia invaded in February 2022. The bulk of that has been in weapons systems, millions of munitions and ammunition rounds, and an array of trucks, sensors, radars and other equipment pulled from Pentagon stockpiles and sent quickly to Ukraine.Members of Congress have repeatedly pressed Defense Department leaders on how closely the U.S. is tracking its aid to Ukraine to ensure that it is not subject to fraud or ending up in the wrong hands. The Pentagon has said it has a “robust program” to track the aid as it crosses the border into Ukraine and to keep tabs on it once it is there, depending on the sensitivity of each weapons system.There also is a small team of Americans in Ukraine working with Ukrainians to do physical inspections when possible, but also virtual inspections when needed, since those teams are not going to the front lines.In late February, the Pentagon’s inspector general said his office has found no evidence yet that any of the billions of dollars in weapons and aid to Ukraine has been lost to corruption or diverted into the wrong hands. He cautioned that those investigations are only in their early stages.

$3 billion accounting error; U.S. can send more weapons to Ukraine

LINCOLN — State lawmakers gave a final OK Thursday to a two-year budget that calls for about $5.3 billion a year in spending, with an average increase of 2.2%.

The austere budget sets aside a generous amount for cuts in state income taxes and increases in tax credits for property taxes, as well as allocating the final funds for a $366 million state prison and reserving $574 million for the Perkins County Canal.

Also created under the budget is a $1 billion “education future fund” intended to pay the $1,500-per-student foundation aid to K-12 schools proposed by Gov. Jim Pillen.

The legislative budget made very few changes to the spending proposal from the governor. Major changes include upping the yearly budget for the University of Nebraska system by 2.5% a year rather than 2%, and allocating an extra $80 million for increased pay for providers of social services, who are struggling to keep and hire staff.

During debate Thursday, Omaha Sen. Terrell McKinney and Lincoln Sen. George Dungan urged the state to do more to reduce the state’s chronic prison overcrowding and to prevent repeat crimes by inmates.

Otherwise, the two senators said, Nebraska will be faced with planning to build&nbsp;<a href="https://nebraskaexaminer.com/2023/02/01/new-prison-report-recommends-not-just-one-new-prison-but-another-1500-beds-in-a-decade/">&nbsp;a second, expensive prison by 2030.</a>

McKinney has been calling throughout the session to postpone construction of any new prison until alternatives to incarceration are adopted.

Dungan, a former public defender, said study after study shows that incarceration isn’t any more effective at preventing repeat offenses — called “recidivism” — than alternatives, such as probation or diversion programs.

In Nebraska, about 30% of released inmates return to prison within three years, a recidivism rate that hasn’t improved in a decade, he said.

The state budget does transfer $10 million over two years to increase spending on a vocational and life skills program that prepares inmates for life after they are released, but Dungan said that isn’t enough.

Nebraska’s prisons are among the most overcrowded in the nation, holding about 1,500 more inmates than they are designed to hold. It&nbsp; requires dozens of inmates to sleep on floor cots each night, and requiring suspension of recreation and rehabilitation programs.

Over the past decade, the state’s prison population has risen by 21% — while most states saw a decrease — and a consultant projected that by 2030, Nebraska prisons will still have 1,300 more inmates that it can house, even after building the 1,500-bed facility that is part of this year’s budget.

McKinney was able to get a couple of concessions added to the budget, requiring the state prison system to complete studies on inmate classification, staffing needs and whether the agency’s rehabilitation programs work.

Other proposals suggested by McKinney have not been advanced, including allowing “geriatric” parole of some old inmates, reducing penalties for possessing small amounts of drug residue and reducing the use of mandatory minimum sentencing.

Dungan said that statewide standards for diversion programs — which allow someone charged of a crime to get the offense excused if they meet certain behavior and program requirements — could also reduce the flow of inmates into prison.

Some of those proposals are included in Legislative Bill 50,&nbsp;<a href="https://nebraskaexaminer.com/2023/05/13/proponents-of-criminal-justice-reform-await-debate-on-issue-in-waning-days-of-2023-session/">a criminal justice reform bill being crafted</a>&nbsp;by the Legislature’s Judiciary Committee that is scheduled for debate Monday.

Last year, a bill that drew ideas from a review of Nebraska practices by the&nbsp;<a href="https://nebraskaexaminer.com/2022/04/06/criminal-justice-reform-bill-goes-down-in-flames-after-lengthy-debate/">Crime and Justice Institute went down in flames. It was</a>&nbsp;the second time ideas generated by a national review were rejected, in large part, by state lawmakers.

LB 920, had it been adopted last year, was projected to reduce the increase in state prisoners by 750 by 2030. A fiscal note hasn’t been generated for the new LB 50, but its projected impact would be less than that.

In the end, the mainline budget bill, LB 818, was given final-round approval on a 41-3 vote.

It leaves a cash reserve of $780 million at the end of the 2024-25 fiscal year.

It also leaves $891 million this year to be spent by state senators on their priorities, which Sen. Rob Clements, who chairs the budget-producing Appropriations Committee, said would be totally consumed by proposed tax cuts.

Elkhorn Sen. Lou Ann Linehan, who led drafting of the proposed tax cuts, has said that the proposals will likely need to be pared back to fit within the budget.

Some state lawmakers have said the tax cuts are unsustainable and may require cuts in state programs in the future, but very little was said about that Thursday during floor debate.

Discussions mainly focused on continued grievances about the advancement of LB 574, the controversial bill that restricts abortion and certain transgender care for minors, and spending on the new prison and the Perkins County Canal.

Some interesting spending items in the state budget:

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/5/1684459638686.png" alt=" Replacing the Nebraska State Penitentiary in Lincoln with a new, 1,500-bed facility still won’t solve the state’s chronic prison overcrowding, some senators argued Thursday. (Rebecca S. Gratz for the Nebraska Examiner)" />
 <figcaption> Replacing the Nebraska State Penitentiary in Lincoln with a new, 1,500-bed facility still won’t solve the state’s chronic prison overcrowding, some senators argued Thursday. (Rebecca S. Gratz for the Nebraska Examiner)</figcaption>
 </figure>By Paul Hamel <a href="https://nebraskaexaminer.com/2022/02/08/state-approved-use-of-pesticide-coated-seed-corn-for-ethanol-plant-a-decade-ago/">Nebraska Examiner</a>LINCOLN — State lawmakers gave a final OK Thursday to a two-year budget that calls for about $5.3 billion a year in spending, with an average increase of 2.2%.The austere budget sets aside a generous amount for cuts in state income taxes and increases in tax credits for property taxes, as well as allocating the final funds for a $366 million state prison and reserving $574 million for the Perkins County Canal.Also created under the budget is a $1 billion “education future fund” intended to pay the $1,500-per-student foundation aid to K-12 schools proposed by Gov. Jim Pillen.<h2>Few changes in overall budget</h2>The legislative budget made very few changes to the spending proposal from the governor. Major changes include upping the yearly budget for the University of Nebraska system by 2.5% a year rather than 2%, and allocating an extra $80 million for increased pay for providers of social services, who are struggling to keep and hire staff.During debate Thursday, Omaha Sen. Terrell McKinney and Lincoln Sen. George Dungan urged the state to do more to reduce the state’s chronic prison overcrowding and to prevent repeat crimes by inmates.Otherwise, the two senators said, Nebraska will be faced with planning to build&nbsp;<a href="https://nebraskaexaminer.com/2023/02/01/new-prison-report-recommends-not-just-one-new-prison-but-another-1500-beds-in-a-decade/">&nbsp;a second, expensive prison by 2030.</a>McKinney has been calling throughout the session to postpone construction of any new prison until alternatives to incarceration are adopted.Dungan, a former public defender, said study after study shows that incarceration isn’t any more effective at preventing repeat offenses — called “recidivism” — than alternatives, such as probation or diversion programs.<h2>Recidivism hasn’t fallen</h2>In Nebraska, about 30% of released inmates return to prison within three years, a recidivism rate that hasn’t improved in a decade, he said.The state budget does transfer $10 million over two years to increase spending on a vocational and life skills program that prepares inmates for life after they are released, but Dungan said that isn’t enough.Nebraska’s prisons are among the most overcrowded in the nation, holding about 1,500 more inmates than they are designed to hold. It&nbsp; requires dozens of inmates to sleep on floor cots each night, and requiring suspension of recreation and rehabilitation programs.Over the past decade, the state’s prison population has risen by 21% — while most states saw a decrease — and a consultant projected that by 2030, Nebraska prisons will still have 1,300 more inmates that it can house, even after building the 1,500-bed facility that is part of this year’s budget.McKinney was able to get a couple of concessions added to the budget, requiring the state prison system to complete studies on inmate classification, staffing needs and whether the agency’s rehabilitation programs work.Other proposals suggested by McKinney have not been advanced, including allowing “geriatric” parole of some old inmates, reducing penalties for possessing small amounts of drug residue and reducing the use of mandatory minimum sentencing.Dungan said that statewide standards for diversion programs — which allow someone charged of a crime to get the offense excused if they meet certain behavior and program requirements — could also reduce the flow of inmates into prison.<h2>Criminal justice reforms coming</h2>Some of those proposals are included in Legislative Bill 50,&nbsp;<a href="https://nebraskaexaminer.com/2023/05/13/proponents-of-criminal-justice-reform-await-debate-on-issue-in-waning-days-of-2023-session/">a criminal justice reform bill being crafted</a>&nbsp;by the Legislature’s Judiciary Committee that is scheduled for debate Monday.Last year, a bill that drew ideas from a review of Nebraska practices by the&nbsp;<a href="https://nebraskaexaminer.com/2022/04/06/criminal-justice-reform-bill-goes-down-in-flames-after-lengthy-debate/">Crime and Justice Institute went down in flames. It was</a>&nbsp;the second time ideas generated by a national review were rejected, in large part, by state lawmakers.LB 920, had it been adopted last year, was projected to reduce the increase in state prisoners by 750 by 2030. A fiscal note hasn’t been generated for the new LB 50, but its projected impact would be less than that.In the end, the mainline budget bill, LB 818, was given final-round approval on a 41-3 vote.In the end, the mainline budget bill, LB 818, was given final-round approval on a 41-3 vote.It leaves a cash reserve of $780 million at the end of the 2024-25 fiscal year.It also leaves $891 million this year to be spent by state senators on their priorities, which Sen. Rob Clements, who chairs the budget-producing Appropriations Committee, said would be totally consumed by proposed tax cuts.Elkhorn Sen. Lou Ann Linehan, who led drafting of the proposed tax cuts, has said that the proposals will likely need to be pared back to fit within the budget.Some state lawmakers have said the tax cuts are unsustainable and may require cuts in state programs in the future, but very little was said about that Thursday during floor debate.Discussions mainly focused on continued grievances about the advancement of LB 574, the controversial bill that restricts abortion and certain transgender care for minors, and spending on the new prison and the Perkins County Canal.Some interesting spending items in the state budget:<ul>
 <li>$10 million in cash reserve funds will aid a sewer project in Sarpy County designed to open up more farmland to housing development.</li><li>$2 million to help transform the former Dana College campus in Blair into a facility to help youths exiting the foster care system.</li><li>$20 million in cash reserve funds for Metropolitan Community College to prepare workers in the event Nebraska<a href="https://nebraskaexaminer.com/briefs/senator-says-bill-luring-semiconductor-plant-to-nebraska-would-have-biggest-economic-impact-since-corn/">&nbsp;lands a computer chip manufacturer.</a></li><li>$5 million to provide grants to first responders to upgrade portable and mobile radios.</li><li>$30 million in shovel-ready infrastructure funds&nbsp;<a href="https://nebraskaexaminer.com/2023/03/07/creighton-college-world-series-officials-pitch-60-million-request-for-health-center-ballfields/">to Creighton University</a>&nbsp;for a new health sciences building and baseball/softball fields that could be used for the College World Series.</li><li>$14 million to transfer over two years from the Nebraska Environmental Trust to a water fund managed by the Nebraska Department of Natural Resources to enhance flows in streams and recharge groundwater.&nbsp;<a href="https://nebraskaexaminer.com/2023/05/02/friends-of-state-trust-say-proposed-transfer-of-14-million-might-be-unconstitutional/">Environmentalists have objected to what they call a “raid”</a>&nbsp;of funds normally granted to small groups for conservation projects to a water fund typically funded in large part with state tax funds.</li><li>$20 million each to programs that build “workforce” housing in rural and urban areas.</li><li>$10 million, matched by a similar amount of private donations, to help rebuild the 4-H Camp at Halsey, which was destroyed by fire last year.</li>
 </ul>

Lawmakers pass state budget, make few adjustments from governor’s plan

WYANDOTTE COUNTY —&nbsp;Detectives with the Kansas City, Kansas Police Department announced Thursday that two suspects have been arrested and charged with second-degree murder in the May 3 shooting death of 6 year-old Sir’Antonio Brown, according to a media release from police.

Agents with the FBI assisted the Kansas City, Kansas Police Department in taking 21-year-old Lakevis Sloan and a 17-year-old boy into custody Tuesday evening as they exited a Greyhound bus in Sioux Falls, South Dakota.

Both suspects are residents of Kansas City, Kan. They remain in custody in South Dakota as they await extradition back to Kansas where the Wyandotte County District Attorney has charged them each with second-degree murder.

A third, unidentified suspect remains at large.

“We want Sir’Antonio’s family and our community to know that we are not slowing down the pace of this investigation,” Detective Mark Bundy, KCKPD, said. 

“Somebody out there knows who this third suspect is, and where he is. Now is the time to make the call. Don’t wait any longer, because we will arrest anybody and everybody who is housing or covering for this child killer.

On May 4, police confirmed they had located the vehicle involved in the killing and on May 10, police arrested 18-year-old&nbsp;Cassandra Sledge a resident of Kansas City, Kansas for obstructing prosecution in the case. 

Charges are based on the fact that Sledge who owns the vehicle suspects used to commit the murder, knowingly provided false statements to law enforcement to obstruct prosecution of the suspects. 

Sledge remains in the Wyandotte County Jail on a $40,000 bond.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/5/1683336213432.png" alt="Sir’Antonio Brown -photo GoFundMe" />
 <figcaption>Sir’Antonio Brown -photo GoFundMe</figcaption>
 </figure>WYANDOTTE COUNTY —&nbsp;Detectives with the Kansas City, Kansas Police Department announced Thursday that two suspects have been arrested and charged with second-degree murder in the May 3 shooting death of 6 year-old Sir’Antonio Brown, according to a media release from police.Agents with the FBI assisted the Kansas City, Kansas Police Department in taking 21-year-old Lakevis Sloan and a 17-year-old boy into custody Tuesday evening as they exited a Greyhound bus in Sioux Falls, South Dakota.<figure>
 <img src="https://media.eaglewebservices.com/public/2023/5/1684443186141.png" alt="Sloan is being held in&nbsp;Minnehaha County" />
 <figcaption>Sloan is being held in&nbsp;Minnehaha County</figcaption>
 </figure>Both suspects are residents of Kansas City, Kan. They remain in custody in South Dakota as they await extradition back to Kansas where the Wyandotte County District Attorney has charged them each with second-degree murder.A third, unidentified suspect remains at large.“We want Sir’Antonio’s family and our community to know that we are not slowing down the pace of this investigation,” Detective Mark Bundy, KCKPD, said. “Somebody out there knows who this third suspect is, and where he is. Now is the time to make the call. Don’t wait any longer, because we will arrest anybody and everybody who is housing or covering for this child killer.<figure>
 <img src="https://media.eaglewebservices.com/public/2023/5/1683755832986.png" alt="Sledge-photo Wyandotte Co." />
 <figcaption>Sledge-photo Wyandotte Co.</figcaption>
 </figure>On May 4, police confirmed they had located the vehicle involved in the killing and on May 10, police arrested 18-year-old&nbsp;Cassandra Sledge a resident of Kansas City, Kansas for obstructing prosecution in the case. <figure>
 <img src="https://media.eaglewebservices.com/public/2023/5/1683195327042.png" alt="Photo KCK Police" />
 <figcaption>Photo KCK Police</figcaption>
 </figure>Charges are based on the fact that Sledge who owns the vehicle suspects used to commit the murder, knowingly provided false statements to law enforcement to obstruct prosecution of the suspects. Sledge remains in the Wyandotte County Jail on a $40,000 bond.----------------

Suspects in shooting of Kan. boy playing in front yard jailed in S. Dakota

NEW YORK (AP) — Lawmakers on Capitol Hill are pushing to keep AM radio in the nation's cars.

A bipartisan group in Congress has introduced the “AM for Every Vehicle Act." The&nbsp;<a href="https://www.markey.senate.gov/imo/media/doc/am_radio_for_every_vehicle_actpdf.pdf">bill</a>&nbsp;calls on the National Highway Traffic Safety Administration to require automakers to keep AM radio in new cars at no additional cost.

The legislation would also require automakers selling cars manufactured before the proposed regulation takes effect to let buyers know if the vehicles don't come with AM radios.

Supporters of preserving AM radio in cars cite public safety concerns. The sponsors of the bill put forth Wednesday note AM radio's historic role in transmitting vital information during emergencies, such as communication during natural disasters, especially to people in rural areas.

“Carmakers shouldn’t tune out AM radio in new vehicles or put it behind a costly digital paywall," Sen. Edward Markey, D-Mass., one of the bill’s sponsors, said in a statement. He added that the bill aims to "ensure that this resilient and popular communication tool does not become a relic of the past.”

The proposed legislation comes as more automakers are dropping broadcast AM radio from their newer models. According to Markey's office, eight out of 20 major car companies — including Tesla, BMW and Ford — have removed it from their electric vehicles.

Carmarkers cite interference from electric motors that can cause static and noise on AM transmissions. Some have suggested that internet radio or other communication tools could replace AM radio. But Markey and others have pushed back — pointing to situations where drivers might not have internet access.

“The truth is that broadcast AM radio is irreplaceable,” Markey said&nbsp;<a href="https://www.markey.senate.gov/news/press-releases/senator-markey-criticizes-eight-automakers-for-removing-broadcast-am-radio-from-vehicles">in March</a>.

The Alliance for Automotive Innovation, a U.S. group that represents major automakers, criticized the proposed legislation, calling the AM radio mandate unnecessary.

The trade group pointed to FEMA's Integrated Public Alerts and Warning System, which can distribute safety warnings across AM, FM, internet-based and satellite radios — as well as over cellular networks.

“This is simply a bill to prop up and give preference to a particular technology that’s now competing with other communications options and adapting to changing listenership,” the alliance said, while adding that automakers are committed to ensuring drivers have access to public alerts and safety warnings.

The Federal Communications Commission and National Association of Broadcasters, meanwhile, praised the legislation, which is also backed by Sen. Ted Cruz, R-Texas, Rep. Josh Gottheimer, D-N.J., Rep. Tom Kean, Jr., R-N.J., Rep. Marie Gluesenkamp Perez, D-Wash., among others.

“Having AM radio available in our cars means we always have access to emergency alerts and key warnings while we are out on the road,” FCC Chairwoman Jessica Rosenworcel said in a statement. “Updating transportation should not mean sacrificing access to what can be life-saving information.”

Wednesday’s proposed legislation would also direct the Government Accountability Office to study whether “an alternative communication system” could replicate and have the same impact that AM radio has for transmitting emergency information.

According to the&nbsp;<a href="https://www.wearebroadcasters.com/dependonam/default.asp">National Association of Broadcasters</a>&nbsp;and Nielsen data, more than 80 million people in the U.S. listen to AM radio every month.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/3/1679583338814.jpg" alt="" />
 <figcaption></figcaption>
 </figure>NEW YORK (AP) — Lawmakers on Capitol Hill are pushing to keep AM radio in the nation's cars.A bipartisan group in Congress has introduced the “AM for Every Vehicle Act." The&nbsp;<a href="https://www.markey.senate.gov/imo/media/doc/am_radio_for_every_vehicle_actpdf.pdf">bill</a>&nbsp;calls on the National Highway Traffic Safety Administration to require automakers to keep AM radio in new cars at no additional cost.The legislation would also require automakers selling cars manufactured before the proposed regulation takes effect to let buyers know if the vehicles don't come with AM radios.Supporters of preserving AM radio in cars cite public safety concerns. The sponsors of the bill put forth Wednesday note AM radio's historic role in transmitting vital information during emergencies, such as communication during natural disasters, especially to people in rural areas.“Carmakers shouldn’t tune out AM radio in new vehicles or put it behind a costly digital paywall," Sen. Edward Markey, D-Mass., one of the bill’s sponsors, said in a statement. He added that the bill aims to "ensure that this resilient and popular communication tool does not become a relic of the past.”The proposed legislation comes as more automakers are dropping broadcast AM radio from their newer models. According to Markey's office, eight out of 20 major car companies — including Tesla, BMW and Ford — have removed it from their electric vehicles.Carmarkers cite interference from electric motors that can cause static and noise on AM transmissions. Some have suggested that internet radio or other communication tools could replace AM radio. But Markey and others have pushed back — pointing to situations where drivers might not have internet access.“The truth is that broadcast AM radio is irreplaceable,” Markey said&nbsp;<a href="https://www.markey.senate.gov/news/press-releases/senator-markey-criticizes-eight-automakers-for-removing-broadcast-am-radio-from-vehicles">in March</a>.The Alliance for Automotive Innovation, a U.S. group that represents major automakers, criticized the proposed legislation, calling the AM radio mandate unnecessary.The trade group pointed to FEMA's Integrated Public Alerts and Warning System, which can distribute safety warnings across AM, FM, internet-based and satellite radios — as well as over cellular networks.“This is simply a bill to prop up and give preference to a particular technology that’s now competing with other communications options and adapting to changing listenership,” the alliance said, while adding that automakers are committed to ensuring drivers have access to public alerts and safety warnings.The Federal Communications Commission and National Association of Broadcasters, meanwhile, praised the legislation, which is also backed by Sen. Ted Cruz, R-Texas, Rep. Josh Gottheimer, D-N.J., Rep. Tom Kean, Jr., R-N.J., Rep. Marie Gluesenkamp Perez, D-Wash., among others.“Having AM radio available in our cars means we always have access to emergency alerts and key warnings while we are out on the road,” FCC Chairwoman Jessica Rosenworcel said in a statement. “Updating transportation should not mean sacrificing access to what can be life-saving information.”Wednesday’s proposed legislation would also direct the Government Accountability Office to study whether “an alternative communication system” could replicate and have the same impact that AM radio has for transmitting emergency information.According to the&nbsp;<a href="https://www.wearebroadcasters.com/dependonam/default.asp">National Association of Broadcasters</a>&nbsp;and Nielsen data, more than 80 million people in the U.S. listen to AM radio every month.

Bipartisan bill would require automakers to keep AM radio in new cars

NEW ORLEANS (AP) — Lawyers seeking to preserve pregnant women's access to a drug used in the&nbsp;<a href="https://apnews.com/article/how-medication-abortion-works-f913375ec6f8ebcb1f1055e57a3aef63">most common method</a>&nbsp;of abortion got pushback Wednesday from appellate judges with a history of supporting abortion restrictions.

A&nbsp;<a href="https://apnews.com/article/abortion-pill-mifepristone-federal-appeals-judges-e53224d29061fadbcd073e500499019c">three-judge panel</a>&nbsp;of the 5th U.S. Circuit Court of Appeals heard arguments over whether the Food and Drug Administration approval of mifepristone should be revoked more than two decades after it was granted. The case is likely to wind up at the Supreme Court, which already intervened to keep the drug available while the legal fight winds through the courts. The high court's decision came after a Texas-based judge&nbsp;<a href="https://apnews.com/article/abortion-pill-lawsuit-mifepristone-misoprostol-kacsmaryk-74cb1c4cfab2c04f6cf2696151bc86ef">revoked the drug's approval.</a>

Biden administration attorney Sarah Harrington opened by calling U.S. District Judge Matthew Kacsmaryk's April 7 ruling an “unprecedented and unjustified attack on the FDA's scientific expertise.”

“I hate to cut you off so early, but you said, `unprecendented'," Judge James Ho said, referring to an unrelated case that was argued Tuesday. “We had a challenge to the FDA just yesterday.”

“Yes, but I don't think there's ever been a court that has vacated the FDA's determination that a drug is safe to be on the market. ... It's not a court's role to come in and second-guess that expertise,” Harrington told Ho, who was appointed to the court by former President Donald Trump.

There is no precedent for a U.S. court overturning the approval of a drug that the FDA has deemed safe and effective. While new drug safety issues often emerge after FDA approval, the agency is required to monitor medicines on the market, evaluate emerging issues and take action to protect U.S. patients. Congress delegated that responsibility to the FDA — not the courts— more than a century ago.

Arguments Wednesday went on for two hours, with Harrington and Jessica Ellsworth, an attorney for Danco Laboratories, telling the panel that the doctors and groups who brought the lawsuit did not have a right to sue because they failed to prove they have been or would be harmed by the approval of mifepristone. Their claims that they would be forced to treat people who suffer complications from mifepristone — perhaps even completing abortions when the drug fails — are “speculative,” Harrington said.

All three judges seemed skeptical of that argument.

“It just strikes me that what the FDA has done in making this more available ... is you’ve made it much more likely that patients are going to go to emergency care or a medical clinic where one of these doctors is a member,” said Judge Cory Wilson, another Trump appointee.

Harrington disputed that, saying mifepristone is extremely safe, rarely results in complications, and that doctors could cite their conscience and refuse to participate in procedures.

But Erin Hawley, an attorney arguing for the anti-mifepristone plaintiffs, insisted that doctors opposed to abortion can be forced to violate their consciences if they are called upon to remove fetuses from the wombs of women who have had an incomplete medical abortion.

“They allege that they feel complicit in an elective abortion by being forced to complete that procedure,” she said in answer to questions from Judge Jennifer Walker Elrod, an appointee of President George W. Bush.

The case comes to the appeals court almost a year after the&nbsp;<a href="https://apnews.com/article/abortion-supreme-court-decision-854f60302f21c2c35129e58cf8d8a7b0">Supreme Court overturned the Roe v. Wade</a>&nbsp;ruling that had established abortion rights. Fourteen states have since banned abortion at all stages of pregnancy and other states have adopted, or are debating,&nbsp;<a href="https://apnews.com/article/abortion-veto-override-north-carolina-4282913637b499490494dd3e3cce3478">major restrictions</a>.

Ho twice referred an “FDA can do no wrong” theme in the pro-mifepristone arguments.

“We are allowed to look at the FDA just like we're allowed to look at any agency. That's the role of the courts,” Ho told Ellsworth, who went on to say that the FDA has approved drugs later found to have safety problems.

The third judge hearing the case was Jennifer Walker Elrod, a George W. Bush nominee.

Abortion opponents sued in November in federal court in Amarillo, Texas, where&nbsp;<a href="https://apnews.com/article/texas-judge-matthew-kacsmaryk-abortion-pill-fda-75964b777ef09593a1ad948c6cfc0237">Kacsmaryk</a>, a Trump nominee, presides. An&nbsp;<a href="https://apnews.com/article/texas-abortion-pill-appeal-fe13d36218f1fb43590aff29b5ba4e9c">appellate panel</a>&nbsp;voted 2-1 to narrow, but not completely block, Kacsmaryk's ruling.

The panel's April 13 decision said the abortion opponents appeared to be barred by time limits from challenging the initial 2000 approval. But the panel said adjustments made in later years — among them allowing the drug to be sent via mail and administered without a physician present — could still be revoked.

Wednesday's hearing also dealt with the time limit issue, and whether the FDA's later-year changes reset the clock and made full approval ripe for review.

“Is every time the FDA going to relax some prior restriction, requirement or safeguard based on a history of performance, does that mean we're here on a reopening issue? I mean, how do you draw that line?” Wilson asked Hawley.

“Absolutely not, your honor,” she replied.

Other mifepristone rules that have changed since the drug's initial approval include extending the time it can be used from seven to 10 weeks of pregnancy, and reducing the dosage needed to safely end a pregnancy.

Mifepristone is one of two pills used in medication abortions, along with misoprostol. Health care providers have said they could switch to misoprostol if mifepristone is no longer available or is too hard to obtain. Misoprostol is somewhat less effective in ending pregnancies.

<figure>
 <img src="https://media.eaglewebservices.com/public/2023/4/1680967457500.png" alt="The closely watched case is likely to wind up at the Supreme Court, which&nbsp;<a href="https://apnews.com/article/supreme-court-abortion-pill-mifepristone-access-f781488016640bf571faf36096339ea4">already intervened</a>&nbsp;to keep the drug, mifepristone, available while the legal fight winds through the courts-photo AP" />
 <figcaption>The closely watched case is likely to wind up at the Supreme Court, which&nbsp;<a href="https://apnews.com/article/supreme-court-abortion-pill-mifepristone-access-f781488016640bf571faf36096339ea4">already intervened</a>&nbsp;to keep the drug, mifepristone, available while the legal fight winds through the courts-photo AP</figcaption>
 </figure>NEW ORLEANS (AP) — Lawyers seeking to preserve pregnant women's access to a drug used in the&nbsp;<a href="https://apnews.com/article/how-medication-abortion-works-f913375ec6f8ebcb1f1055e57a3aef63">most common method</a>&nbsp;of abortion got pushback Wednesday from appellate judges with a history of supporting abortion restrictions.A&nbsp;<a href="https://apnews.com/article/abortion-pill-mifepristone-federal-appeals-judges-e53224d29061fadbcd073e500499019c">three-judge panel</a>&nbsp;of the 5th U.S. Circuit Court of Appeals heard arguments over whether the Food and Drug Administration approval of mifepristone should be revoked more than two decades after it was granted. The case is likely to wind up at the Supreme Court, which already intervened to keep the drug available while the legal fight winds through the courts. The high court's decision came after a Texas-based judge&nbsp;<a href="https://apnews.com/article/abortion-pill-lawsuit-mifepristone-misoprostol-kacsmaryk-74cb1c4cfab2c04f6cf2696151bc86ef">revoked the drug's approval.</a>Biden administration attorney Sarah Harrington opened by calling U.S. District Judge Matthew Kacsmaryk's April 7 ruling an “unprecedented and unjustified attack on the FDA's scientific expertise.”“I hate to cut you off so early, but you said, `unprecendented'," Judge James Ho said, referring to an unrelated case that was argued Tuesday. “We had a challenge to the FDA just yesterday.”“Yes, but I don't think there's ever been a court that has vacated the FDA's determination that a drug is safe to be on the market. ... It's not a court's role to come in and second-guess that expertise,” Harrington told Ho, who was appointed to the court by former President Donald Trump.There is no precedent for a U.S. court overturning the approval of a drug that the FDA has deemed safe and effective. While new drug safety issues often emerge after FDA approval, the agency is required to monitor medicines on the market, evaluate emerging issues and take action to protect U.S. patients. Congress delegated that responsibility to the FDA — not the courts— more than a century ago.Arguments Wednesday went on for two hours, with Harrington and Jessica Ellsworth, an attorney for Danco Laboratories, telling the panel that the doctors and groups who brought the lawsuit did not have a right to sue because they failed to prove they have been or would be harmed by the approval of mifepristone. Their claims that they would be forced to treat people who suffer complications from mifepristone — perhaps even completing abortions when the drug fails — are “speculative,” Harrington said.All three judges seemed skeptical of that argument.“It just strikes me that what the FDA has done in making this more available ... is you’ve made it much more likely that patients are going to go to emergency care or a medical clinic where one of these doctors is a member,” said Judge Cory Wilson, another Trump appointee.Harrington disputed that, saying mifepristone is extremely safe, rarely results in complications, and that doctors could cite their conscience and refuse to participate in procedures.But Erin Hawley, an attorney arguing for the anti-mifepristone plaintiffs, insisted that doctors opposed to abortion can be forced to violate their consciences if they are called upon to remove fetuses from the wombs of women who have had an incomplete medical abortion.“They allege that they feel complicit in an elective abortion by being forced to complete that procedure,” she said in answer to questions from Judge Jennifer Walker Elrod, an appointee of President George W. Bush.The case comes to the appeals court almost a year after the&nbsp;<a href="https://apnews.com/article/abortion-supreme-court-decision-854f60302f21c2c35129e58cf8d8a7b0">Supreme Court overturned the Roe v. Wade</a>&nbsp;ruling that had established abortion rights. Fourteen states have since banned abortion at all stages of pregnancy and other states have adopted, or are debating,&nbsp;<a href="https://apnews.com/article/abortion-veto-override-north-carolina-4282913637b499490494dd3e3cce3478">major restrictions</a>.Ho twice referred an “FDA can do no wrong” theme in the pro-mifepristone arguments.“We are allowed to look at the FDA just like we're allowed to look at any agency. That's the role of the courts,” Ho told Ellsworth, who went on to say that the FDA has approved drugs later found to have safety problems.The third judge hearing the case was Jennifer Walker Elrod, a George W. Bush nominee.Abortion opponents sued in November in federal court in Amarillo, Texas, where&nbsp;<a href="https://apnews.com/article/texas-judge-matthew-kacsmaryk-abortion-pill-fda-75964b777ef09593a1ad948c6cfc0237">Kacsmaryk</a>, a Trump nominee, presides. An&nbsp;<a href="https://apnews.com/article/texas-abortion-pill-appeal-fe13d36218f1fb43590aff29b5ba4e9c">appellate panel</a>&nbsp;voted 2-1 to narrow, but not completely block, Kacsmaryk's ruling.The panel's April 13 decision said the abortion opponents appeared to be barred by time limits from challenging the initial 2000 approval. But the panel said adjustments made in later years — among them allowing the drug to be sent via mail and administered without a physician present — could still be revoked.Wednesday's hearing also dealt with the time limit issue, and whether the FDA's later-year changes reset the clock and made full approval ripe for review.“Is every time the FDA going to relax some prior restriction, requirement or safeguard based on a history of performance, does that mean we're here on a reopening issue? I mean, how do you draw that line?” Wilson asked Hawley.“Absolutely not, your honor,” she replied.Other mifepristone rules that have changed since the drug's initial approval include extending the time it can be used from seven to 10 weeks of pregnancy, and reducing the dosage needed to safely end a pregnancy.Mifepristone is one of two pills used in medication abortions, along with misoprostol. Health care providers have said they could switch to misoprostol if mifepristone is no longer available or is too hard to obtain. Misoprostol is somewhat less effective in ending pregnancies.