TIME Drones

How to Defend Against Drones

The U.S. is unprepared to deal with the proliferation of unmanned aircraft now filling the skies.

  • Regulation

    There are many drone no-fly zones around the world, and most operators respect them—but not always. After a drone strayed into White House airspace recently, its maker modified its flight software to ground its products in and around Washington. Experts concede that a determined intruder can get around such precautions.
    Illustration By Jameson Simpson For TIME

    There are many drone no-fly zones around the world, and most operators respect them—but not always. After a drone strayed into White House airspace recently, its maker modified its flight software to ground its products in and around Washington. Experts concede that a determined intruder can get around such precautions.

  • Detection

    To stop a drone, you have to know it's there. A growing number of companies are installing acoustic sensors that listen for the sound of a drone. They are found at sensitive government locations and the estates of celebrities who are leery of airborne paparazzi, but the sensors are confused by other contraptions, like Weedwackers. And they can't do anything to stop intrusions.
    Illustration By Jameson Simpson For TIME

    To stop a drone, you have to know it’s there. A growing number of companies are installing acoustic sensors that listen for the sound of a drone. They are found at sensitive government locations and the estates of celebrities who are leery of airborne paparazzi, but the sensors can be confused by other contraptions, like Weedwackers. And they can’t do anything to stop intrusions.

  • Jamming

    A drone on a nefarious mission needs to be guided, either by GPS signlas or radioed commands from its operator. Electronic jamming can serve those links and doom the mission or even give authorieis control of the drone. But such jamming is usually illegal because it ingerferes with communications ranging from cell phones to airlines.
    Illustration By Jameson Simpson For TIME

    A drone on a nefarious mission needs to be guided, either by GPS signals or radioed commands from its operator. Electronic jamming can serve those links and doom the mission or even give authorities control of the drone. But such jamming is usually illegal because it interferes with communications ranging from cell phones to airlines.

  • Destruction

    Drones tend to be slow-flying and unarmed, which makes them relatively easy to shoot down. But experts fear that future unmanned aircraft could be armed and nimble, like the military's fast, low-flying cruise missiles, making them much harder to detect and destroy.
    Illustration By Jameson Simpson For TIME

    Drones tend to be slow-flying and unarmed, which makes them relatively easy to shoot down. But experts fear that future unmanned aircraft could be armed and nimble, like the military’s fast, low-flying cruise missiles, making them much harder to detect and destroy.

TIME Laws

Alabama’s ‘Ten Commandments Judge’ Defies the Feds Over Gay Marriage

Roy Moore
Rogelio V. Solis—AP Chief Justice Roy Moore of the Alabama Supreme Court addresses a Pro-Life Mississippi and a Pastors for Life pastors luncheon in Jackson, Miss., Friday, Jan. 17, 2014. Moore told the attendees that he cannot separate his faith from his job as chief justice and continues to oppose abortion and same-sex marriage.

Roy Moore has a history of defying federal orders

On Sunday, Alabama Supreme Court Chief Justice Roy Moore told the state’s probate judges not to issue marriage licenses to gay couples, an order defying a ruling last month by a federal judge that the state’s ban on same-sex marriage was unconstitutional.

A state judge refusing to follow federal orders is rare. But for Moore, it would’ve been more unusual if he went along with the decision quietly.

Judge Moore is often known as the “Ten Commandments Judge.” When Moore, a devout Christian who often relies on Biblical scripture in his rulings, began his judicial career as an Alabama circuit court judge in the 1990s, he placed a Ten Commandments tablet he had carved himself behind his courtroom bench and began instituting prayer before jury selection.

Soon enough, the American Civil Liberties Union sued Moore for violating the Constitution’s Establishment Clause in the First Amendment. In 1996, a Montgomery County circuit judge ruled that prayer in the courtroom was unconstitutional and later ordered that the Ten Commandments display either be removed or placed alongside secular documents like the Bill of Rights and the Constitution. To that, Moore responded: “I will not surround the Ten Commandments with other items to secularize them. That’s putting man above God.”

But Moore eventually won out. In 1998, the Alabama Supreme Court dismissed the lawsuits, and the commandments stayed. And Moore’s popularity, thanks to his conservative defiance, skyrocketed. Two years later, he was elected chief justice of the Alabama Supreme Court.

In 2001, Moore again made national news when he issued an opinion in the case D.H. vs. H.H., a custody battle between a lesbian and her ex-husband who she said was abusive. In his concurring opinion, Judge Moore ruled for the ex-husband, saying that the woman’s sexual orientation was grounds enough to prevent her from taking custody of the children.

A year later, Moore resurrected the Ten Commandments debate when he had a 5,200-lb. granite Ten Commandments monument commissioned and placed inside the Alabama State Judicial Building. Two lawsuits were filed, and by August 2003, a federal judge ordered the monument removed. Again, Moore refused, forcing his fellow justices to remove it instead and sparking thousands of protesters to rally in support of Moore outside the state judicial building. But they weren’t able to save his job. Later that year, a state judicial panel removed Moore from his post as chief justice.

In the years following, Moore unsuccessfully ran for Alabama governor twice and in 2012 was re-elected chief justice of Alabama’s Supreme Court. “I have no doubt this is a vindication,” Moore said after his election. “Go home with the knowledge that we are going to stand for the acknowledgment of God.”

Moore’s latest tenure has been relatively quiet until this week. His latest attempts to ignore federal orders and block the state from handing out marriage licenses to gay couples, while extraordinary for other justices, is natural for a judge with a history of judicial defiance. But this time, Moore appears to be experiencing the kind of resistance he’s sown for years.

On Monday, the U.S. Supreme Court announced that it would allow same-sex marriages to move forward, and most judges appeared to be following suit — defying a state judge who has made judicial disobedience his defining characteristic.

 

TIME Laws

How Canada’s Right-to-Die Ruling Could Boost Movement in U.S.

Lee Carter embraces her husband Hollis Johnson while speaking to journalists at the Supreme Court of Canada in Ottawa on Feb. 6, 2015.
Chris Wattie—Reuters Lee Carter embraces her husband Hollis Johnson while speaking to journalists at the Supreme Court of Canada in Ottawa on Feb. 6, 2015.

Advocates say Supreme Court ruling could give momentum to U.S. states considering so-called 'death with dignity' bills

The Canadian Supreme Court issued a unanimous decision Friday that will allow physicians to provide life-ending medication to terminally ill patients.

The court ruled in part that banning a right to die in fact “deprives some individuals of life, as it has the effect of forcing some individuals to take their own lives prematurely, for fear that they would be incapable of doing so when they reached the point where suffering was intolerable.”

The groundbreaking 9-0 decision, which makes Canada one of just a handful of states to allow some form of “aid in dying,” comes as states in the U.S. consider allowing the practice for mentally competent patients with terminal illness. So-called death with dignity advocates said Friday that the decision by the U.S.’s northern neighbor could increase momentum across the border.

MORE: Death is Not Only for the Dying

“I think it will have a significant impact in the U.S.,” says Barbara Coombs-Lee, president of Compassion & Choices, a death with dignity advocacy group. “This isn’t happening in a far-off country. It sends a strong message throughout the continent.”

The “aid in dying” movements in Canada and the U.S. have similar histories. Both began around the late 1980s and early 1990s, and both have tried to achieve policy reforms through the courts and at the state or provincial level. But Friday’s Canadian court decision, which allows the practice nationwide, is a significant breakthrough for death with dignity advocates in Canada. It remains an unlikely scenario in the U.S., however, where reforms will likely come at a state level.

Peg Sandeen, executive director of the Death With Dignity National Center in the U.S., says she believes the court’s decision “will have a tremendous positive effect on a state-by-state level,” but that policy changes will continue to happen outside of Washington. The issue hasn’t gained much traction in Congress, and the Supreme Court isn’t likely to take up the issue anytime soon.

MORE: Why a Young Woman With Brain Cancer Moved to Oregon to Die

But there is considerable progress at the state level.

End-of-life practices are legal in Montana, New Mexico, Oregon, Washington and Vermont, while legislation has been introduced in California, Colorado, Iowa, Pennsylvania and Wyoming, plus the District of Columbia. Coombs-Lee says it’s being considered in some form in 25 states.

The movement began making significant strides thanks to the widely publicized story of Brittany Maynard, a 29-year-old newlywed with brain cancer who moved from California to Oregon, which is just one of five states that allow terminally ill patients to obtain life-ending medication.

One state that aid-in-dying advocates are currently watching closely is New York, where terminally ill patients recently filed a lawsuit that would allow the practice. State lawmakers are also reportedly considering introducing a death with dignity bill. But any sort of movement in U.S. federal courts like what happened in Canada will likely only occur once there’s more progress at the state level.

“I think a federal constitutional protection could be acknowledged at some point,” says Coombs-Lee, “but only after there is already a critical mass of states where it is already authorized.”

The Canadian decision struck down laws that banned doctors from participating in ending a patient’s life and reversed an earlier Supreme Court ruling, saying that current bans violated rights of life, liberty and security as protected by the country’s Charter of Rights and Freedoms. Last year, Quebec passed right-to-die legislation, making it the only Canadian province to allow the practice.

TIME Laws

Arkansas Will Carry On Celebrating Robert E. Lee Day On MLK Day

Dewey Spencer
Danny Johnston—AP Dewey Spencer, of Judsonia, Ark., holds a portrait of Confederate Gen. Robert E. Lee after a meeting of the House Committee on State Agencies and Governmental Affairs, Wednesday, Jan. 28, 2015, at the State Capitol in Little Rock, Ark.

A bill would've moved the commemoration of the Confederate general to November

Arkansas will continue marking the memory of Confederate General Robert E. Lee on the same date as the nation remembers civil rights leader Martin Luther King, Jr., after a proposal to remove Lee from the Jan. 19 holiday met opposition from state lawmakers.

An Arkansas House committee rejected a proposal on Wednesday to designate Nov. 30 as “Patrick Cleburne – Robert E. Lee Southern Heritage Day,” giving the Confederate general a separate memorial day from the one celebrating King. (Cleburne was a local Confederate general.)

Opponents of the bill said removing Lee from the Jan. 19 holiday would disparage their Southern roots.

(MORE: One Man. One Speech. One Dream)

Arkansas has commemorated Lee every year since the 1940s, but only began celebrating the two holidays on the same day in the 1980s. The state recently faced backlash to the conflated holiday after being widely criticized on social media.

[AP]

TIME States

Indiana Governor Cancels Plans for State-Run News Site

Mike Pence
Michael Conroy—AP Indiana Gov. Mike Pence plans to launch what would amount to a state-run, taxpayer-funded news outlet in February. But on Wednesday, he appeared to back away from plans to unveil the site.

Taxpayer-funded 'Just IN' would feature news stories and profiles written by press secretaries

Indiana Gov. Mike Pence has dropped plans to launch a communications site that was widely criticized as a state-run, taxpayer-funded news outlet.

Pence, a Republican, had planned to launch “Just IN,” a website that would include stories written by press secretaries and was described in internal memos as competing with other media outlets, the Indianapolis Star reported. The range would include hard news stories and “lighter features, including personality profiles.”

“At times, Just IN will break news—publishing information ahead of any other news outlet,” said one internal memo. “Strategies for determining how and when to give priority to such ‘exclusive’ coverage remain under discussion.”

(MORE: Indiana Drops Common Core Education Standards)

On Wednesday, Pence appeared to distance himself from the site, telling local radio station WIBC-FM: “As governor I can assure you that (the plan) did not meet my expectations and if this website doesn’t meet my expectations of respecting the role of a free and independent press, I will reject it.”

Indiana House Democrats announced Thursday that they would attempt to block funding for the site, and Pence later announced he wouldn’t launch it.

“However well intentioned, after thorough review of the preliminary planning and careful consideration of the concerns expressed, I am writing you to inform you that I have made a decision to terminate development of the JustIN website immediately,” Pence wrote to several state agencies.

(MORE: 8 Long-Shot Republicans Who Are Running for President)

TIME Courts

Supreme Court Delays Executions for 3 Oklahoma Inmates

The Supreme Court
James P. Blair—Getty Images

State is temporarily barred from using controversial sedative

The U.S. Supreme Court on Wednesday delayed the execution of three Oklahoma death row inmates who are part of a case that could decide the future of lethal injections nationwide.

The court’s order prevents Oklahoma from using the sedative midazolam to execute Richard Glossip, John Grant and Benjamin Cole, who are challenging the state’s current lethal injection protocol. The trio claims that the use of midazolam, which has been criticized by some anesthesiologists as not properly inducing unconsciousness, violates the Eighth Amendment’s ban on cruel and unusual punishment.

Glossip, who was convicted of having his boss murdered, was set to be executed Thursday. Grant, who was convicted of stabbing a co-worker to death, was scheduled to be executed in February. And Cole, handed a death sentence for killing his 9-month-old daughter, was initially set to be executed in March.

MORE: Justices Will Review Use of Midazolam as Execution Drug

Because the Supreme Court’s order specifically prevents Oklahoma from executing the men with midazolam, it’s possible but unlikely that the state will try to use a different drug to carry out their death sentence before the court rules in their case.

The Supreme Court agreed to hear the case last week, making it the first time the court will consider whether a specific method of capital punishment violates the Eighth Amendment’s ban on cruel and unusual punishment since Baze v. Rees in 2008. That decision upheld Kentucky’s three-drug lethal injection protocol. Since then, drug shortages have forced states to use different drugs, including midazolam.

All eyes have been on Oklahoma’s execution protocol since last April, when the lethal injection of a convicted killer went awry. The Supreme Court is expected to make a decision by the end of June.

Read more: Ohio Abandons Controversial Drug Execution Cocktail

TIME Laws

More States Considering Right-to-Die Laws After Brittany Maynard

Debbie Ziegler, the mother of Brittany Maynard, speaks in support of proposed legislation allowing doctors to prescribe life-ending medication to terminally ill patients during a news conference at the Capitol, Jan. 21, 2015, in Sacramento, Calif.
Rich Pedroncelli—AP Debbie Ziegler, the mother of Brittany Maynard, speaks in support of proposed legislation allowing doctors to prescribe life-ending medication to terminally ill patients during a news conference at the Capitol, Jan. 21, 2015, in Sacramento, Calif.

California legislators just introduced a bill to let the terminally ill end their own lives

After Brittany Maynard was diagnosed with terminal brain cancer last year, she decided to move from California, where she was born and raised, to Oregon. She chose it because Oregon was one of just five states in the nation that allowed Maynard to obtain medication to end her own life.

Since Maynard’s death in November, four states and Washington, D.C., have introduced so-called right-to-die legislation, including the one she chose to leave.

“The fact that Brittany Maynard was a Californian suffering from an incurable, irreversible illness who then had to leave the state to ease her suffering was simply appalling, simply unacceptable,” says California Senator Lois Wolk, who along with Senator Bill Monning, both Democrats, have co-authored a bill giving terminally ill patients with six months to live the ability to obtain life-ending medication.

(MORE: See Which States Allow End-of-Life Treatment)

The bill, which would require two independent physicians to determine that patients are mentally competent to make an end-of-life decision, is largely modeled after Oregon’s 1997 Death With Dignity law, which was the first state measure to allow terminal patients to end their lives. That law has become a template for other states considering similar legislation. According to the Oregon Public Health Division, 1,173 people have had end-of-life medication prescribed to them as of 2013; 752 have actually chosen to ingest it.

Only two other states have passed right-to-die legislation — Washington and Vermont — while judges in New Mexico and Montana have effectively legalized it by saying there is nothing barring doctors from prescribing life-ending medication.

For years, the so-called right-to-die movement was most associated with Jack Kevorkian, the Michigan physician known as Dr. Death for participating in dozens of physician-assisted suicides, one of which led to a conviction of second-degree murder. Maynard offered a far more sympathetic face for the movement. A 29-year-old newlywed who was diagnosed with brain cancer on Jan. 1, 2014, Maynard used her story to advocate for so-called death-with-dignity laws while publicly discussing her symptoms and plans for her last few weeks. She died Nov. 1 after taking doctor-prescribed barbiturates.

Since then, legislators from 14 states have either introduced or pledged to put forward right-to-die bills, according to Compassion & Choices, a national organization advocating death with dignity. The group says it conducted surveys showing that two-thirds of Californians support end-of-life legislation.

“The case of Brittany Maynard has brought this into focus for many Californians,” Monning says. “There’s a changed public attitude and increased awareness, and we think the time is right for California.”

(MORE: Death Is Not Only for the Dying)

Wolk acknowledges that actually getting the bill passed, however, will be a “heavy lift.” The measure could find support among some Democrats and libertarian-leaning conservatives, who often favor letting individuals make their own end-of-life decisions. But resistance will be strong from social conservatives in both parties. The Catholic Church, in particular, has long led the fight against similar measures around the nation. The church has already hired a lobbying firm from Sacramento to fight the bill, according to the Los Angeles Times. The American Medical Association, which believes that doctors shouldn’t be involved in life-ending treatment, could provide another obstacle.

Wolk expects the bill will make it out of committee and reach the Senate floor, but will have a tough time passing both houses of the legislature. It’s also unclear whether Governor Jerry Brown would sign it if it reached his desk. The onetime Jesuit seminarian has not publicly addressed the issue, according to the San Jose Mercury News. During his first stint as governor in 1976, Brown signed a law that gave terminally ill patients the right to end life-sustaining treatment if their death was imminent, the first of its kind in the nation

If the bill doesn’t pass, however, the issue will likely make its way directly to California voters. Compassion & Choices is already laying the groundwork to get it on the 2016 ballot as a referendum.

Correction: The original version of this story misstated the number of states that have introduced legislation since Maynard’s death. Four states have introduced end-of-life bills, including Washington, D.C.

TIME Laws

24/7 Bars in Nebraska? A New Bill Would Allow It

Beers
Getty Images

No more last calls in the Cornhusker State, if bill passes

A Nebraska state senator introduced legislation Thursday that would allow bars in the state to stay open all night.

State and local laws generally require Nebraska’s bars to stop serving alcohol at 1 a.m. or 2 a.m. According to the Lincoln Journal Star, state law requires bars to close at 1 a.m., but local governments can extend those hours to 2 a.m. through a supermajority vote.

But Sen. Tyson Larson, who introduced the bill, wants to change all that. The state senator told the Journal Star that getting rid of last call would prevent bars from “dumping too many people in the street all at once” while saying the move aligned with the “concept of free market.”

If the bill passes, Nebraska would join Louisiana and Nevada, two states that don’t require bars to have last call.

(READ NEXT: The History of Poisoned Alcohol Includes an Unlikely Culprit: the U.S. Government)

TIME Drugs

Maine to Test Some Welfare Recipients for Drugs

TIME.com stock photos Health Syringe Needle
Elizabeth Renstrom for TIME

New law requires testing for those with prior drug convictions within the past 20 years who indicate potential for drug dependency

Maine will soon begin to drug-test some welfare recipients with prior drug convictions as a condition to receive government aid, the state’s Department of Health and Human Services (DHHS) announced Wednesday.

The new rule calls for testing of recipients with a drug conviction from the past 20 years who also indicate potential drug dependency on a separate self-assessment. People who test positive for drugs, or refuse to take the test, will be required to enter a rehabilitation program to continue receiving aid.

“[Governor Paul LePage] is respecting the wishes of hardworking taxpayers who want to know that the hand up they provide is being used appropriately,” said Maine DHHS commissioner Mary Mayhew in a statement. “The goal of these benefits is not to subsidize poor lifestyle choices, but to help Mainers transition from a life of poverty to a life of prosperity.”

The new drug-testing rule, which applies to federal funding provided through the Temporary Assistance for Needy Families program, will go into force within weeks, and has been years in the making. The legislature approved it overwhelmingly in 2011, but implementation was delayed as the state’s attorney general considered how to implement it while minimizing litigation. Attorney General Janet Mills approved a modified version of the rule last week.

The state is one 18 across the country that has enacted some form of legislation calling for drug testing for welfare recipients, according to the National Conference of State Legislatures. Such policies, while politically popular in some areas, have been criticized as bad regulations that are potentially unconstitutional.

DHHS spokesman David Sorensen maintains that Maine’s law is a “middle ground” when compared to the policies elsewhere. “The whole goal is an overall effort to ensure that welfare is getting people from welfare to work,” Sorensen said. “We’re not interested in helping people to maintain a lifestyle of welfare dependency.”

TIME Healthcare

When Can a Person Be Forced to Receive Medical Care?

'We subscribe to the principle that people should get to make decisions for themselves almost all the time'

Last week, the case of a Connecticut teenager, identified as Cassandra C., 17, made headlines. Diagnosed with Hodgkin’s lymphoma, Cassandra wanted to forgo chemotherapy altogether—a decision her mother reportedly supported. But in early January, child services took the 17-year-old into custody and on Jan. 8 the state Supreme Court denied the teenager’s request to not receive the drugs.

The state’s interference in a personal decision about health care provides a rare lens into when and how health officials can mandate health care. Forced treatment is rare, but it happens when people, most often minors and the mentally ill, find themselves in extenuating circumstances.

“We subscribe to the principle that people should get to make decisions for themselves almost all the time,” says Paul S. Appelbaum, a psychiatry, medicine and law professor at Columbia University. “The exceptions to that rule are rare. What we’re seeing play out in Connecticut is really the exception, not the rule.”

Competent adults in the United States are almost always permitted to make their own health care decisions, even if that means forgoing a potentially life-saving treatment. Even in cases of highly infectious disease, state laws don’t typically allow forced medical treatment. Instead, sick individuals may be quarantined until they agree to comply with treatment procedures.

The most obvious exception to the principle applies to mentally ill patients deemed incompetent to make their own health decisions. Though laws vary for long-term involuntary treatment between states, most jurisdictions allow short-term hospitalization for individuals thought to be a risk to themselves or others.

Read more: Dangerous Cases: Crime and Treatment

Minors have no official say when it comes to decisions about their health care; parents or guardians are typically charged with making treatment decisions on their behalf. (Minors do have the right to petition the courts to show that they are “mature”—something Cassandra from Connecticut did—and therefore capable of making their own decisions. Cassandra’s petition was denied.)

If parents refuse a recommended treatment, the state typically works with parents to reach a mutually agreeable solution, says Appelbaum. If the parties still can’t agree, the case may go to the courts. “The legal principles here are fairly consistent, but their application is not necessarily straightforward,” said Appelbaum of the difficulty of resolving health care issues in court. “There is no algorithm.”

When brought to court, judges weigh a range of concerns, including the consequences of leaving an ailment untreated. Life-threatening conditions are much more likely to result in forced treatment than, say, a recommended cosmetic surgery, said Appelbaum.

“How long is a person actually supposed to live, and why? Who determines that?” Cassandra wrote in a op-ed in the Hartford Courant. “I care about the quality of my life, not just the quantity.”

The court, which had previously ruled Cassandra’s mother unfit to make decisions on her daughter’s behalf, rejected Cassandra’s explanation and ordered her to undergo chemotherapy.

“This is a curable illness, and we will continue to ensure that Cassandra receives the treatment she needs to become a healthy and happy adult,” said a statement from the Connecticut Department of Children and Families.

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