How this bill could break down a major abortion access barrier in Delaware: The Press Room
Welcome to The Press Room, a semi-regular weekly roundup of the major stories and happenings of the 2023 Delaware legislative year.
This week’s edition focuses on a bill expanding abortion access in Delaware, the big weed vote and an update in the Fox News defamation lawsuit.
As always, send story tips, feedback, ideas or gossip to me at mnewman@delawareonline.com.
Follow me on Twitter at @MereNewman.
The big abortion barrier in Delaware
Despite Delaware codifying abortion access, it still remains difficult for people to actually get an abortion in the First State.
One reason is because of the Medicaid barrier: Medicaid, which insures about 16% of women ages 19-64 in this state, covers the cost of an abortion only in cases of rape, incest or life endangerment. Abortions can cost upward of $715.
House Majority Whip Melissa Minor-Brown, a Democrat from New Castle, recently introduced legislation that would require insurers, including Medicaid, to provide coverage for the termination of a pregnancy. There would be no copay, deductible or cost-sharing requirement.
POST ROE: In a post-Roe America, abortion remains legal in Delaware. But is it accessible?
It includes a key exemption: A religious employer would be able to get an exclusion if the legislation conflicts with “the organization’s bona fide religious beliefs and practices,” according to a news release. If the bill passes, it would go into effect in 2024.
I reported on this issue last year, just after the U.S. Supreme Court overruled Roe v. Wade. I interviewed Minor-Brown, a former Planned Parenthood employee, about this idea. At the time, she signaled she hoped to introduce legislation like this.
“If you could see the amount of women who just came there because they needed help and didn't have the money,” she told me at the time.
Fox News defamation lawsuit to go to trial
A Delaware Superior Court judge ruled on Friday that the $1.6 billion defamation lawsuit Dominion Voting Systems has waged against Fox News and Fox Corp. will go to trial in April.
Judge Eric Davis, in his opinion, denied the summary judgment motions submitted by Fox News and Fox Corp. It was a significant setback for Fox because Davis rejected many of the arguments its lawyers made during the summary judgment hearing. Dominion did have some minor wins, with the judge granting certain aspects of its motion and denying others.
For example, Dominion proved that Fox aired false information about the company, Davis wrote, and its role in the outcome of the election, on its broadcasts.
FOX NEWS TRIAL: Delaware judge rules $1.6 billion Fox News defamation case to head to trial in April
“The evidence developed in this civil proceeding demonstrates that is CRYSTAL clear that none of the statements relating to Dominion about the 2020 election are true,” he wrote.
Davis denied Dominion summary judgment relating to “actual malice,” writing that this issue needs to be determined by a jury. This legal standard is key in proving defamation occurred. Dominion would have to prove that Fox knowingly published false information about the voting machine company or recklessly disregarded information showing that the claims were not true.
The trial, which could become one of the state's highest-profile cases ever, is set to begin April 17.
Delaware Senate votes to expand tenants’ rights
The Delaware Senate last week passed a bill that would give tenants the right to representation during eviction proceedings.
The legislation, which received an overwhelming amount of bipartisan support, has been seen as a main priority for Democrats. Senate Majority Leader Bryan Townsend, a Democrat representing Newark and Bear, has tried to pass this legislation in 2021 and 2022. Unlike previous years, the governor recently vocalized support for this bill.
BACKGROUND: 2 years after this blind man was wrongly evicted, what's happening with suit, tenant bill?
If it passes, it would also create a pretrial diversion program with the hopes of resolving tenant-landlord disputes before they reach the courtroom. According to a 2020 University of Delaware study, before the pandemic, about 14 tenants in Delaware were evicted from their homes every day, which is just higher than the national average.
Big weed energy
Delaware lawmakers have passed legislation that would legalize recreational marijuana and allow dispensaries to grow and sell weed in the First State.
And now, it’s a waiting game.
Gov. John Carney has been vocally against recreational marijuana for years. He vetoed the legalization bill last year and the Democratic-controlled Legislature failed to override it. So what will he do this year? Still unclear.
He has three options: He could sign, veto or let the bill become law without his signature.
INSIDE LEG HALL: Delaware lawmakers vote to legalize recreational marijuana. What will the governor do?
Spokeswoman Emily Hershman, just before the Senate vote, said in a statement that the governor “continues to have strong concerns about the unintended consequences of legalizing marijuana for recreational use in our state, especially about the impacts on our young people and highway safety.
“He knows others have honest disagreements on this issue,” she said. “But we don’t have anything new to share today about how the Governor will act on HB 1 and HB 2 if they reach his desk.”
How Delaware is trying to decrease roadway fatalities
Last week, the governor and lawmakers announced a legislation package to curb the state’s increasing number of roadway deaths.
Delaware roads have become increasingly deadly. Traffic fatalities in the state have increased from 117 in 2020 to 139 in 2021. Last year, there was a record-tying 165 deaths. Here’s what the bills consist of, per reporting from my colleague Ben Mace.
Speeding violations of 90 mph or more would include reckless driving charges.
Open containers of alcohol would be banned in most vehicles.
Drivers would be required to change lanes or reduce their speed while approaching any stopped vehicle on the shoulder or roadway displaying some type of warning signal.
Helmets would be required for motorcyclists in the first two years after receiving their motorcycle license.
Revisions to child safety seat requirements.
The state would allow revolving or flashing green lights on state-owned snowplows to increase visibility.
This article originally appeared on Delaware News Journal: This bill could break down the state's major abortion access barrier: Delaware politics
