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Texas emergency rooms not bound by Biden admin’s guidance on emergency abortion, federal court rules

A federal appeals court ruled on Tuesday that the U.S. government does not have the authority to force Texas emergency room doctors to perform abortions if necessary to stabilize emergency room patients. Reuters reported that the ruling sided with Texas in a lawsuit claiming the Biden administration was overstepping its authority on abortion. A panel with the 5th Circuit Court of Appeals ruled unanimously on the matter as several lawsuits pertaining to when abortions can be performed in states with abortion ban exceptions for medical emergencies make their way through the courts. In July 2022, the Biden administration issued guidance saying the Emergency Medical Treatment and Active Labor Act (EMTALA), which is a federal law that governs emergency rooms, can require abortion if it is necessary to stabilize a patient with a medical emergency, despite abortion being required in the state where the emergency room is located. PREGNANT TEXAS WOMAN CHALLENGES STATE ABORTION BAN WITH LAWSUIT AFTER RECEIVING FETAL FATAL DIAGNOSIS The guidance was issued shortly after the U.S. Supreme Court overturned the landmark Roe v. Wade ruling in June 2022. The overturning of Roe v. Wade turned power over to the states to allow, limit or ban abortion altogether. TEXAS JUDGE RULES STATE’S ABORTION LAW IS TOO RESTRICTIVE FOR WOMEN WITH PREGNANCY COMPLICATIONS The ruling came in the court’s opinion in Dobbs v. Jackson Women’s Health Organization, which centered on a Mississippi law that banned abortion after 15 weeks of pregnancy. A lower court agreed, in August 2022, that there was no mention in EMTALA on what a doctor should do if there is a conflict between the health of a mother and the unborn child. The court also agreed that the Texas abortion ban “fills that void” by including narrow exceptions to save a mother’s life or prevent serious bodily injury in some cases. Writing for the 5th Circuit Court panel, Judge Kurt Engelhardt said EMTALA includes a requirement to deliver an unborn child, and it was up to doctors to balance the mother’s medical needs, as well as those for the fetus, while complying with state abortion laws. TEXAS ABORTION BAN CHALLENGED AS ORAL ARGUMENTS BEGIN What the law does not provide, Engelhardt wrote, is an “unqualified right for the pregnant mother to abort her child.” The 5th Circuit Court’s ruling upholds a lower court order that blocked enforcement of the Biden administration’s guidance in Texas, and against members of two anti-abortion medical associations anywhere in the U.S. In December, a pregnant Texas woman whose baby had a fatal diagnosis asked a court to let her have an abortion, bringing what her attorneys said was the first lawsuit of its kind in the U.S. since Roe v. Wade was overturned. The Texas Supreme Court denied the woman’s request. She ended up leaving the state to get the procedure. CLICK HERE TO GET THE FOX NEWS APP Texas is one of 13 states that ban abortion at nearly all stages of pregnancy, and although Texas allows exceptions, doctors and women have argued in court that the state’s law is so restrictive and vaguely worded that physicians are fearful of providing abortions because they could face criminal charges. Reuters contributed to this report.

Parliament security breach: Court asks for Delhi police’s response in accused’s bail plea

A court here on Tuesday directed the Delhi Police to file its response to the bail application of Neelam Azad, the only woman arrested in the Parliament security breach case, by January 10. Additional Sessions Judge Hardeep Kaur also adjourned for January 5 the hearing of an application filed by the city police seeking permission to conduct polygraph (lie detector test) of all six people arrested in the case.

Moderate to dense fog covers North India, visibility reduced: IMD

IMD said that at 11:30 pm on Tuesday, very dense fog enveloped isolated pockets of West Uttar Pradesh, and dense fog was over isolated pockets of East Uttar Pradesh and East Rajasthan.

Massachusetts federal lawmakers call on Biden to remove Cuba from list of countries protecting terrorists

Democratic federal lawmakers from Massachusetts are calling on President Biden to remove Cuba from the State Sponsor of Terrorism (SSOT) list as quickly as possible. In a letter addressed to the President, and signed by Reps. Ayanna Pressley, James P. McGovern, Seth Moulton, Lori Trahan and Stephen F. Lynch, as well as Senators Elizabeth Warren and Edward J. Markey, the lawmakers advised Biden that Cuba was removed from the SSOT list in 2015 by him and then President Obama after determining the designation was “without merit.” The Trump administration placed Cuba back on the list in January 2021, which according to the Democratic lawmakers, was “a vindictive action” as he was leaving office. The lawmakers said the policy is “overdue for change,” adding that Cuba and the U.S. have been working together to counter terrorism. US DESIGNATES CUBA STATE SPONSOR OF TERRORISM “We believe the time to act and remove Cuba from the SSOT list is now – not months from now,” the letter reads. “There is no political or other policy argument that can justify the U.S. continuing to knowingly add to the suffering of the Cuban people.” The letter explains that all sectors of Cuban society are facing unabated hardships, which have driven thousands to abandon their homes and migrate to the U.S. “It therefore runs counter to U.S. direct interests to continue the collective economic restrictions that result from Cuba remaining on the SSOT list,” the letter reads. FORMER US AMBASSADOR ARRESTED, ACCUSED OF SECRETLY SERVING AS AGENT TO CUBA: REPORT Additionally, the lawmakers reminded Biden that Colombian President Gustavo Petro asked him to remove Cuba from the list to facilitate peace negotiations between Colombia’s government and the National Liberation Army (ELN) guerrillas. The President of Mexico also asked that Cuba’s designation be rescinded, the lawmakers noted. “As a candidate for President, you promised to address re-engagement with Cuba and return to the policy begun during the Obama-Biden administration, and we supported you on this commitment,” the letter reads. “We recognize that much has changed in Cuba and in the United States since 2018, but two and a half years into your Presidency, the overwhelming number of sanctions put in place by your predecessor, including placing Cuba back on the SSOT list, remain in effect. FORMER US AMBASSADOR CALLED CASTRO THE ‘COMANDANTE,’ LABELED US ‘THE ENEMY’: DOJ “We call on you now, Mr. President, to help ordinary Cubans at this critical time by acting swiftly to remove Cuba from the State Sponsor of Terrorism list. It is the only option worthy of the United States, and we stand ready to support you in this decision,” the letter concluded. In January 2021, the U.S. State Department announced the designation of Cuba as a state sponsor of terror, accusing it of providing safe harbor to malicious actors and engaging in “malign behavior” in the region. The designation returned the Caribbean nation to a list that it was on from Ronald Reagan’s administration and until that of Barack Obama. In 2016, Obama became the first U.S. president to visit Cuba since 1928. CUBAN-AMERICAN LAWMAKERS DEFEND MONROE DOCTRINE AMID PROGRESSIVE PUSH TO END 200-YEAR-OLD POLICY The Obama administration attempted to normalize relations in 2015 but encountered resistance from President Trump, whose administration recently argued that Cuba had failed to cooperate on counterterrorism. State Department officials said Cuba refused to extradite 10 suspects wanted in Colombia for a police academy bombing that killed 22 people and injured dozens more. Authorities also accused Cuba of harboring multiple American fugitives, including Joanne Chesimard, also known as Assata Shakur. She was convicted of killing New Jersey State Trooper Werner Foerster in 1973. Former top Obama adviser Ben Rhodes called on the Biden administration to reverse Trump’s decision in January 2021. “The Biden Administration should not allow itself to be constrained by last minute political favors being done by an authoritarian administration that recently sought to overthrow the democratically elected U.S. government,” Rhodes tweeted. “This decision should be reversed as soon as possible.”

Mississippi Legislature begins new term as GOP overhauls House leadership

The Republican-controlled Mississippi Legislature begins its annual session Tuesday, with all members being sworn in for a four-year term and the House electing new leaders after the previous speaker chose not to seek reelection. Rep. Jason White of West secured promises of support from his Republican colleagues weeks ago to become the next House speaker. He will succeed Republican Philip Gunn of Clinton, who held the leadership post for the past 12 years. White was speaker pro tempore under Gunn, the second-highest leadership post in the 122-member House. Republican Rep. Manly Barton of Moss Point is in line to become the new speaker pro tem. In that role, he will be a close adviser to White and will preside over the House when White is away. RUBY-RED KENTUCKY BEGINS NEW LEGISLATIVE SESSION WITH BUDGET TALKS, POLICY CLASHES ON HORIZON Republican Lt. Gov. Delbert Hosemann returns for his second term presiding over the 52-member Senate. He and six other statewide officials will be inaugurated Thursday. Republican Gov. Tate Reeves will be inaugurated Jan. 9, beginning his second term in that job after previously serving as state treasurer and lieutenant governor. Reeves is pushing legislators to eliminate the state income tax, saying that will help Mississippi compete with Florida and Texas, which don’t tax income. In 2022, legislators and Reeves enacted Mississippi’s largest-ever tax cut, which reduces the income tax over four years beginning in 2023. Hosemann said legislators could consider another income tax cut or a reduction in the 7% grocery tax, depending on how the economy is faring. Any income tax reduction would continue to be phased in rather than happening suddenly, he said. “We may well get to the elimination of the income tax, probably at the rate we’re going faster than they proposed last time, by doing it in a cogent, fiscally responsible way versus some political statement,” Hosemann said. Conservative groups are pushing “school choice” plans, which could allow parents to send their children to other public schools outside their attendance zone if those schools accept the students, or could allow public money to go toward private schools or homeschooling. Legislators could consider reviving a way for people to petition to put issues on the statewide ballot. In 2021, the Mississippi Supreme Court ruled that the state’s initiative process was invalid because it required people to gather signatures from five outdated congressional districts rather than the four current districts. REPUBLICAN WV DELEGATE CALEB HANNA RESIGNS TO FOCUS ON STATE AUDITOR CAMPAIGN For the first time, they could also give serious consideration to expanding Medicaid to people who work in jobs that provide modest wages and no health insurance. Medicaid expansion is an option under the health care overhaul signed into law in 2010 by then-President Barack Obama. Mississippi is one of 10 states that have not taken the option, with Reeves calling Medicaid “welfare.” Gunn also opposed expansion. The incoming House speaker said he wants legislators to get a firm idea of how many people could become eligible for Medicaid coverage if it’s expanded. White also said he wants to talk to business leaders about whether they could cover part of the state’s cost. “It’s got to be something we can afford and that makes sense,” White said. “We are one of the poor states, if not the poorest. It’s foolish for us to not figure out a way to make this work.”

Blackburn cheers Harvard President Gay’s resignation: ‘She should have done it sooner’

Tennessee Republican Sen. Marsha Blackburn weighed in on Harvard President Claudine Gay’s resignation from her post Tuesday, saying it was long overdue. Gay resigned as Harvard University president amid plagiarism allegations and her and other Ivy League presidents’ recent disastrous testimony at a congressional hearing about the antisemitism scandals plaguing their respective campuses. During a phone interview Tuesday with Fox News Digital, Blackburn said Gay’s resignation was “appropriate.” HARVARD PRESIDENT CLAUDINE GAY RESIGNS AMID ANTISEMITISM, PLAGIARISM CONTROVERSIES “It is appropriate that she stepped down from her post,” Blackburn said. “She should have done it sooner.” “I give the House committee a lot of credit for the way they conducted that hearing and the results that it has brought forward,” the Tennessee senator continued. “There is no place for antisemitism on our nation’s college campuses or in this country,” she added. Fox News Digital reached out to Harvard University for comment. Gay announced her resignation in a letter on Tuesday afternoon but will return to the Harvard faculty despite widespread plagiarism allegations against her. According to the Ivy League school’s newspaper, the Harvard Crimson, Gay’s resignation will bring an end to the shortest Harvard presidency in the university’s history. The Boston Globe reported that, according to their sources, Harvard Provost Dr. Alan Garber will become interim president. After her congressional testimony, Gay issued an apology and the university’s board ultimately decided to stick by her despite widespread calls from donors and members of Congress for her ouster. The hearing came in response to rising antisemitism at American universities after Hamas’ Oct. 7 terrorist attacks in southern Israel. Gay has also been at the center of a scandal in which she was accused of multiple instances of plagiarism in scholarly works. Fox News Digital’s Danielle Wallace and Jennifer Griffin contributed reporting.

Lawsuit aims to keep Pennsylvania congressman off ballot over Constitution’s insurrection clause

HARRISBURG, Pa. (AP) — A liberal activist asked a Pennsylvania court on Tuesday to bar U.S. Rep. Scott Perry from the state’s primary ballot, arguing that Perry isn’t eligible because of his efforts to keep President Donald Trump in office and block the transfer of power to Democrat Joe Biden. The seven-page lawsuit asks Pennsylvania’s Commonwealth Court to declare that Perry engaged in insurrectionist activity and cannot hold public office under the Constitution’s insurrection clause. The lawsuit by activist Gene Stilp names Perry and Pennsylvania’s secretary of state, Al Schmidt. NORTH CAROLINA PRESIDENTIAL PRIMARY CANDIDATES HAVE BEEN FINALIZED; A TRUMP CHALLENGE IS ON APPEAL Perry, a Republican, is expected to run for a seventh term, although candidates cannot file paperwork yet to qualify for Pennsylvania’s April 23 primary ballot. In part, the filing cites Perry’s role in trying to use the Department of Justice to help Trump stall the certification of the election by installing an acting attorney general who would be receptive to Trump’s false claims of election fraud. The challenge comes on the heels of Maine’s Democratic secretary of state removing Trump from the state’s presidential primary ballot under the clause and a ruling by the Colorado Supreme Court that booted Trump from the ballot there. Trump is expected to appeal both to the U.S. Supreme Court. In a statement, Perry’s lawyer, John P. Rowley, suggested that those appeals would ensure that the lawsuit against Perry is nullified. “This lawsuit was filed by a partisan activist who clearly has no regard or understanding of how our Democratic Republic works,” Rowley wrote. “It is but the latest effort by an extremist to disqualify a duly elected official with whom he disagrees. We are confident the Supreme Court will put an end to this lunacy.” Perry has not been charged with a crime, although he is the only sitting member of Congress whose cellphone was seized by the FBI in its investigation into efforts to illegally overturn the results of the 2020 presidential election. Perry has fought efforts by federal investigators to review texts and emails from his cell phone. A judge last month ordered Perry to turn over more than 1,600 texts and emails to FBI agents. Perry did not appeal it, his lawyer said. Schmidt’s office declined comment Tuesday. It previously opposed a similar lawsuit in federal court seeking to remove Trump from the ballot in Pennsylvania. Stilp last week withdrew that lawsuit, and plans to file a new lawsuit in state court, saying he has a better chance of success there than in federal court. The 155-year-old Civil War-era clause — Section 3 of the 14th Amendment to the Constitution — bars from office those who “engaged in insurrection.” It was designed to keep representatives who had fought for the Confederacy during the Civil War from returning to Congress. Similar challenges in 2022 failed to block several other members of Congress from ballots, including Reps. Marjorie Taylor Greene of Georgia and Paul Gosar and Andy Biggs of Arizona. To get on Pennsylvania’s primary ballot, candidates cannot file paperwork until Jan. 23. The deadline to file is Feb. 13.

Biden admin eyes more deportation flights to Venezuela as migrant numbers shatter records

The Biden administration is looking to increase the number of deportation flights carrying illegal immigrants to Venezuela, as migrant numbers have broken records at the southern border – and it is unclear when a deal can be reached on border security in Washington. In a call with reporters on Tuesday evening, senior administration officials said they commended Mexico for beginning deportation flights to Venezuela in the last week, which echoes a similar move by the U.S. to begin flights to Mexico in October.  The move comes as U.S. and Mexican officials met last week to discuss the migration challenges facing the two countries, a meeting that officials described as productive, but that drew scrutiny from Republicans for the inclusion of talks about the “benefits” of “regularizing” illegal immigrants already in the country. ILLEGAL IMMIGRANT POPULATION SOARS UNDER BIDEN: GOVERNMENT DATA Officials on Tuesday said that Mexico has taken “enhanced enforcement operations” to decongest the border region, which will allow ports of entry to re-open on Thursday at locations in Eagle Pass, Texas, San Ysidro, California, Lukeville, Arizona and Nogales, Arizona. Officials said they had seen increased enforcement in Mexico, leading to a decrease in encounters in recent days, as well as increased security on trains to stop migrants using them to head to the border. “We’ve seen Mexico really step up in terms of taking actions, and so that’s been greatly appreciated,” one official said. MACHETE-WIELDING MAN ARRESTED OUTSIDE U.S. CAPITOL IS ILLEGAL MIGRANT FROM VENEZUELA However, any drop in encounters comes after December shattered records for migrant encounters, with Customs and Border Protection (CBP) sources telling Fox News that there were over 302,000 encounters – which includes illegal immigrants and migrants appearing at ports of entry. The previous record was set in September, when there were 269,000 encounters. That comes at the end of a calamitous year at the border, which saw daily records broken repeatedly and an FY 23 which broke the all-time record for yearly encounters with 2.4 million encounters. It’s led to enormous political pressure on the Biden administration from not only Republicans but also state and local Democratic officials who have seen migrants flooding into cities like New York, Chicago and Denver. There, mayors have demanded more funding and more federal action. LIBERAL MAYORS PUSH BIDEN FOR EMERGENCY DECLARATION, ADDITIONAL FUNDING TO DEAL WITH MIGRANT CRISIS Republicans have blamed the crisis on the administration’s policies and called on it to impose stricter limits on asylum and limit the use of humanitarian parole. A supplemental funding request containing aid for the border as well as Ukraine and Israel is currently being held up as lawmakers try to come to an agreement. Any limits on asylum are likely to face fierce opposition from left-wing Democrats. The administration has dismissed the Republican narrative that it has fueled the crisis with “open border” policies. Officials have said they are increasing consequences for illegal entry, while also expanding “lawful migration pathways” and on Tuesday said it has conducted more than 460,000 returns of illegal immigrants since Title 42 ended in May, more removals than in all of FY 19. One official on Tuesday said that “we do have the intention of ramping up repatriation flights to Venezuela” and that the administration sees it as a “critical part” of the broader immigration strategy. “It’s an important deterrent,” they said. US-MEXICO MIGRATION TALKS INCLUDED BENEFITS OF ‘REGULARIZING’ ILLEGAL IMMIGRANTS LIVING IN US  On the ongoing talks with Congress about the supplemental funding request, which includes $14 billion for the border, the administration struck an optimistic tone. “Our negotiations with the Senate continued over the holidays, and we continue to be encouraged by the progress being made. And while we are not there yet, we believe we are moving in the right direction,” one official said. Fox News’ Bill Melugin and Griff Jenkins contributed to this report.

Emergency rooms not required to perform life-saving abortions, federal appeals court rules

The Biden administration reminded hospitals of their obligation to perform life-saving abortions under the Emergency Medical Treatment and Labor Act after the overturn of Roe v. Wade. Texas sued, arguing it was an overstep that mandated abortions.

Texas AG Ken Paxton, wife targeted by home ‘swatting’ on New Year’s Day

FIRST ON FOX: Texas Attorney General Ken Paxton and his wife are the latest elected Republicans to fall victim to “swatting” after a false report using their home’s address was made to authorities. Addressing the swatting incident in a statement to Fox News Digital, Paxton and his wife, Texas state Sen. Angela Paxton, said they were not at their McKinney home on New Year’s Day when first responders arrived on the scene. The couple described the false report to police as being a “life-threatening” situation. “On New Year’s Day, a currently unidentified caller made a false report to 911 describing a life-threatening situation at our home in McKinney,” the couple said. “As a result, the City of McKinney Police and Fire Departments quickly and bravely responded to what they believed could be a dangerous environment. We were not home at the time and were made aware of the false report when a state trooper, who was contacted by McKinney police, informed us of the incident.” “Making false reports to 911 is a crime which should be vigorously prosecuted when this criminal is identified. These fake calls divert resources from actual emergencies and crimes and could endanger our first responders,” the couple continued. “We are grateful for the bravery and professionalism of the men and women serving in the McKinney police and fire departments.” WHAT IS ‘SWATTING,’ THE ‘CRIMINAL HARASSMENT’ HOAX THAT’S HIT 3 GOP LAWMAKERS SINCE CHRISTMAS? “It is also important to acknowledge that this ‘swatting’ incident happened weeks after the disgraced Speaker of the House Dade Phelan, his lieutenants, and the Dallas Morning News doxed our family by publicly posting our address,” they added. “We understand some people may not agree with our strong conservative efforts to secure the border, prevent election fraud, and protect our constitutional liberties, but compromising the effectiveness and safety of law enforcement is completely unacceptable.” The McKinney Police Department did not immediately respond to Fox News Digital’s request for comment on the matter. “Swatting” is a crime that has become prominent in recent years, gaining more steam in the social media age when people’s addresses are easily accessible. George Washington University law professor Jonathan Turley told Fox News Digital recently that swatting is a crime that could be “charged as a form of criminal threats.” “Swatting constitutes a false police report that can be criminally charged,” Turley said. “Virginia recently passed a new law making swatting specifically a criminal misdemeanor. It can also be charged as a form of criminal threats.” The incident involving Paxton comes after three Republican lawmakers – Sen. Rick Scott of Florida, Rep. Marjorie Taylor-Greene of Georgia, and Rep. Brandon Williams of New York – reported “swatting” incidents at their homes after the Christmas holiday. “This is a crime that flourishes because there is insufficient deterrent,” Turley added. “The anonymity and rare prosecutions combine to fuel this form of criminal harassment. … There is no mystery to how to address these crimes. There must be greater detection and penalties to achieve deterrence.” The crime targets an individual by calling in a false police report for a violent crime — such as a murder, a hostage situation or other crimes that would require a greater law enforcement response — to the home of the target. The goal of the false police report is to elicit a SWAT team response by the police to the target’s home. Consequently, swatting draws police resources away from real crimes while the state becomes the unwitting arm to terrorize a person at their own home. MTG TO INTRODUCE BILL AIMED AT ‘SWATTERS’ AS RICK SCOTT BECOMES LATEST TARGET Greene, who has been a victim of the move multiple times herself, announced last week on X that she would be “introducing legislation to make it much easier for law enforcement to arrest and prosecutors to prosecute these criminals” who engage in the false reports. Over the course of the last year, Paxton has faced an onslaught of accusations from officials in the state, primarily Texas Democrats, who have accused the attorney general of being unfit for office. Last May, the Texas House of Representatives voted to impeach Paxton over charges of bribery, disregard of official duties and abuse of public trust after hours of debate in an afternoon session – sending the case to the state Senate. The Texas Senate, however, acquitted Paxton of all impeachment articles filed against him for corruption and unfitness for office in September 2023. Though there was support for impeachment on both sides of the aisle, votes to convict on each charge did not clear the required 21-vote threshold in the Senate. Republican Sens. Robert Nichols and Kelly Hancock joined all 12 Democrats to vote in favor of conviction on several charges. “Today, the truth prevailed. The truth could not be buried by mudslinging politicians or their powerful benefactors,” Paxton said in a statement at the time, thanking his supporters after the verdict was delivered. “The sham impeachment coordinated by the Biden Administration with liberal House Speaker Dade Phelan and his kangaroo court has cost taxpayers millions of dollars, disrupted the work of the Office of Attorney General and left a dark and permanent stain on the Texas House.” “Now that this shameful process is over, my work to defend our constitutional rights will resume. Thank you to everyone who has stood with us during this time,” he added. Prior to his acquittal, Paxton faced accusations that he misused his political power to help real estate developer Nate Paul. Paxton’s opponents have argued that the attorney general accepted a bribe by hiring Paul. Paxton was also previously indicted in June for allegedly making false statements to banks. CLICK HERE TO GET THE FOX NEWS APP Paxton, who was suspended from office pending the trial’s outcome, was not required to attend the proceedings. Paxton’s wife, who has represented the state’s eight district in the Senate since 2019, was required to be present for the whole trial but was prohibited from participating in