The Seventh Circuit Finds the Fundamental Right to Marry Includes the Right to Choose One\u27s Spouse, Even in Prison

In recent years, the Supreme Court has continuously reiterated the importance of the right to marry, finding it to be a fundamental right protected by the Constitution. Activists across the nation have celebrated the Court\u27s continued protection of this fundamental right as it has expanded the rights of same-sex couples. What has received somewhat less attention is how the Court\u27s right to marry doctrine has affected a different segment of the population—prisoners. In the United States, there are currently 2.2 million people serving time in our nation\u27s prisons or jails. For many of us, prisoners are people we would rather not think about. These are individuals who have violated the laws of our society. However, these individuals still have rights protected by the Constitution, and that we cannot ignore. In a case involving facts that could be right out of the hit show Orange is the New Black, the Seventh Circuit recently confronted the question of how to define a prisoner\u27s right to marry. In Riker v. Lemmon, the Seventh Circuit addressed the question of whether prisoners have a fundamental right to marry. The Seventh Circuit also reviewed the constitutionality of a prison regulation that prohibited a former employee of the prison from marrying a prisoner who was housed at the same facility where the former employee had worked. The Supreme Court has articulated a standard for reviewing a prisoner\u27s claim that their constitutional rights have been violated. The test is a four-factor reasonableness test to determine whether there is a valid rational connection between the regulation and a legitimate government interest. The other factors to be considered are whether there are alternative means of exercising the right, what impact accommodating the right would have on the prison environment, and if there are easy alternatives to the regulation. Courts should be cautious in determining whether there is a rational connection between the regulation and a legitimate government interest. It is important that courts do not substitute their own judgment regarding prison regulations for those of the prison administration without giving due course to the balance between protecting the prisoner\u27s constitutional rights and the need to maintain a safe and secure prison environment. The Seventh Circuit\u27s recent decision in Riker illustrates these principles. This Article argues that the Seventh Circuit erred by failing to acknowledge the prison\u27s security justifications for preventing a former employee from marrying a prisoner. Instead of simply focusing on the first factor of the test, the court should have more fully analyzed the other factors. Although the court erred in its analysis, in the end it reached the correct conclusion. Here, an analysis of the other factors demonstrates that the regulation was unconstitutional because the prison could have transferred the prisoner to a different prison to alleviate any security-related concerns with de minimis impact on the prison environment

The Seventh Circuit Finds the Fundamental Right to Marry Includes the Right to Choose One\u27s Spouse, Even in Prison

In recent years, the Supreme Court has continuously reiterated the importance of the right to marry, finding it to be a fundamental right protected by the Constitution. Activists across the nation have celebrated the Court\u27s continued protection of this fundamental right as it has expanded the rights of same-sex couples. What has received somewhat less attention is how the Court\u27s right to marry doctrine has affected a different segment of the population—prisoners. In the United States, there are currently 2.2 million people serving time in our nation\u27s prisons or jails. For many of us, prisoners are people we would rather not think about. These are individuals who have violated the laws of our society. However, these individuals still have rights protected by the Constitution, and that we cannot ignore. In a case involving facts that could be right out of the hit show Orange is the New Black, the Seventh Circuit recently confronted the question of how to define a prisoner\u27s right to marry. In Riker v. Lemmon, the Seventh Circuit addressed the question of whether prisoners have a fundamental right to marry. The Seventh Circuit also reviewed the constitutionality of a prison regulation that prohibited a former employee of the prison from marrying a prisoner who was housed at the same facility where the former employee had worked. The Supreme Court has articulated a standard for reviewing a prisoner\u27s claim that their constitutional rights have been violated. The test is a four-factor reasonableness test to determine whether there is a valid rational connection between the regulation and a legitimate government interest. The other factors to be considered are whether there are alternative means of exercising the right, what impact accommodating the right would have on the prison environment, and if there are easy alternatives to the regulation. Courts should be cautious in determining whether there is a rational connection between the regulation and a legitimate government interest. It is important that courts do not substitute their own judgment regarding prison regulations for those of the prison administration without giving due course to the balance between protecting the prisoner\u27s constitutional rights and the need to maintain a safe and secure prison environment. The Seventh Circuit\u27s recent decision in Riker illustrates these principles. This Article argues that the Seventh Circuit erred by failing to acknowledge the prison\u27s security justifications for preventing a former employee from marrying a prisoner. Instead of simply focusing on the first factor of the test, the court should have more fully analyzed the other factors. Although the court erred in its analysis, in the end it reached the correct conclusion. Here, an analysis of the other factors demonstrates that the regulation was unconstitutional because the prison could have transferred the prisoner to a different prison to alleviate any security-related concerns with de minimis impact on the prison environment

A pilot randomized controlled trial to promote healthful fish consumption during pregnancy: The Food for Thought Study

Background: Nutritionists advise pregnant women to eat fish to obtain adequate docosahexaenoic acid (DHA), an essential nutrient important for optimal brain development. However, concern exists that this advice will lead to excess intake of methylmercury, a developmental neurotoxicant. Objective: Conduct a pilot intervention to increase consumption of high-DHA, low-mercury fish in pregnancy. Methods: In April-October 2010 we recruited 61 women in the greater Boston, MA area at 12–22 weeks gestation who consumed = 200mg/d of DHA from fish, compared with 33% in the Advice arm (p=0.005) and 53% in the Advice+GC arm (p=0.0002). We did not detect any differences in mercury intake or in biomarker levels of mercury and DHA between groups. Conclusions: An educational intervention increased consumption of fish and DHA but not mercury. Future studies are needed to determine intervention effects on pregnancy and childhood health outcomes. Trial registration Registered on clinicaltrials.gov as NCT0112676

Use of mHealth Technology for Patient-Reported Outcomes in Community-Dwelling Adults with Acquired Brain Injuries: A Scoping Review.

The purpose of our scoping review was to describe the current use of mHealth technology for long-term assessment of patient-reported outcomes in community-dwelling individuals with acquired brain injury (ABI). Following PRISMA guidelines, we conducted a scoping review of literature meeting these criteria: (1) civilians or military veterans, all ages; (2) self-reported or caregiver-reported outcomes assessed via mobile device in the community (not exclusively clinic/hospital); (3) published in English; (4) published in 2015-2019. We searched Ovid MEDLINE(R) \u3c 1946 to 16 August 2019, MEDLINE InProcess, EPub, Embase, and PsycINFO databases for articles. Thirteen manuscripts representing 12 distinct studies were organized by type of ABI [traumatic brain injury (TBI) and stroke] to extract outcomes, mHealth technology used, design, and inclusion of ecological momentary assessment (EMA). Outcomes included post-concussive, depressive, and affective symptoms, fatigue, daily activities, stroke risk factors, and cognitive exertion. Overall, collecting patient-reported outcomes via mHealth was feasible and acceptable in the chronic ABI population. Studies consistently showed advantage for using EMA despite variability in EMA timing/schedules. To ensure best clinical measurement, research on post-ABI outcomes should consider EMA designs (versus single time-point assessments) that provide the best timing schedules for their respective aims and outcomes and that leverage mHealth for data collection

The lay health worker-patient relationship in promoting pulmonary rehabilitation (PR) in COPD: What makes it work?

Lay health workers (LHWs) can improve access to services and adherence to treatment, as well as promoting self-care and prevention. Their effect in promoting uptake and adherence in pulmonary rehabilitation (PR) for chronic obstructive pulmonary disease (COPD) has not been tested. PR is the most effective treatment for the symptoms and disability of COPD, but this effectiveness is undermined by poor rates of completion. Trained LHWs with COPD, who also have first-hand experience of PR, are well placed to help overcome the documented barriers to its completion. The relationship between LHWs and patients may be one of the keys to their effectiveness but it has been little explored. Semi-structured qualitative interviews were used with the aim of examining the LHW-patient partnership in a feasibility study of trained PR-experienced LHWs used to support COPD patients referred to PR. Twelve volunteers with COPD who completed LHW training supported 66 patients referred for PR. All 12 of these LHWs gave end-of-study interviews, 21 COPD patients supported by LHWs were also interviewed. Patients reported that the LHWs were keen to share their experiences of PR, and that this had a positive impact. The enthusiasm of the LHWs for PR was striking. The common bond between LHWs and patients of having COPD together with the LHWs positive, first-hand experience of PR were dominant and recurring themes in their relationship.This article presents independent research funded by the NIHR under its Research for Patient Benefit (RfPB) Programme (Grant Reference Number PB-PG0214-30052). SL receives additional funding from the South African Medical Research Council. SJCT was supported by the National Institute for Health Research (NIHR) Collaboration for Leadership in Applied Health Research and Care (CLAHRC) North Thames at Bart’s Health NHS Trust

A Cluster Randomized Controlled Trial for a Multi-Level, Clinic-Based Smoking Cessation Program with Women in Appalachian Communities: Study Protocol for the Break Free Program

BACKGROUND: The cervical cancer burden is high among women living in Appalachia. Cigarette smoking, a cervical cancer risk factor, is also highly prevalent in this population. This project aims to increase smoking cessation among women living in Appalachia by embedding a smoking cessation program within a larger, integrated cervical cancer prevention program. METHODS: The broader program, the Take CARE study, is a multi-site research collaborative designed to address three risk factors for cervical cancer incidence and mortality: tobacco use, human papillomavirus (HPV) infection, and cervical cancer screening. Break Free is a primary care clinic-based implementation program that aims to promote smoking cessation among female smokers in Appalachia by standardizing clinical practice protocols. Break Free includes: (1) implementation of a tobacco user identification system in the Electronic Health Record, (2) clinic staff and provider training on the Ask, Advise and Refer (AAR) model, (3) provider implementation of AAR to identify and treat women who want to quit smoking within the next 6 months, (4) facilitated access to cessation phone counseling plus pharmacotherapy, and (5) the bundling of Break Free tobacco cessation with HPV vaccination and cervical cancer screening interventions in an integrated approach to cervical cancer prevention. The study spans 35 Appalachian health clinics across 10 healthcare systems. We aim to enroll 51 adult female smokers per health system (total N = 510). Baseline and follow-up data will be obtained from participant (provider and patient) surveys. The primary outcome is self-reported 12-month point prevalence abstinence among enrolled patients. All randomized patients are asked to complete follow-up surveys, regardless of whether they participated in tobacco treatment. Data analysis of the primary aims will follow intent-to-treat methodology. Secondary outcomes will assess program implementation and cost effectiveness. DISCUSSION: Addressing high tobacco use rates is critical for reducing cervical cancer morbidity and mortality among women living in Appalachia. This study evaluates the implementation and effectiveness of a smoking cessation program in increasing smoking cessation among female smokers. If results demonstrate effectiveness and sustainability, implementation of this program into other health care clinics could reduce both rates of smoking and cervical cancer. Trial registration NCT04340531 (April 9, 2020)

Three temperate Neptunes orbiting nearby stars

We present the discovery of three modestly irradiated, roughly Neptune-mass planets orbiting three nearby Solartype stars. HD 42618 b has a minimum mass of 15.4±2.4 M⊕, a semimajor axis of 0.55 au, an equilibrium temperature of 337 K, and is the first planet discovered to orbit the solar analogue host star, HD 42618. We also discover new planets orbiting the known exoplanet host stars HD 164922 and HD 143761 (p CrB). The new planet orbiting HD 164922 has a minimum mass of 12.9±1.6 M⊕ and orbits interior to the previously known Jovian mass planet orbiting at 2.1 au. HD 164922 c has a semimajor axis of 0.34 au and an equilibrium temperature of 418 K. HD 143761 c orbits with a semimajor axis of 0.44 au, has a minimum mass of 25±2 M⊕, and is the warmest of the three new planets with an equilibrium temperature of 445 K. It orbits exterior to the previously known warm Jupiter in the system. A transit search using space-based CoRoT data and ground-based photometry from the Automated Photometric Telescopes (APTs) at Fairborn Observatory failed to detect any transits, but the precise, high-cadence APT photometry helped to disentangle planetary-reflex motion from stellar activity. These planets were discovered as part of an ongoing radial velocity survey of bright, nearby, chromospherically inactive stars using the Automated Planet Finder (APF) telescope at Lick Observatory. The high-cadence APF data combined with nearly two decades of radial velocity data from Keck Observatory and gives unprecedented sensitivity to both short-period low-mass, and long-period intermediate-mass planets

MICL controls inflammation in rheumatoid arthritis

Acknowledgments We thank G Milne, D MacCallum, S Hardison, G Wilson, C Wallace, S Hadebe and A Richmond for assistance; H. El-Gabalawy for tissues and the animal facility staff for the care of our animals. Flow cytometry was undertaken in the Iain Fraser Cytometry Centre, University of Aberdeen. Funding: GDB was funded by the Wellcome Trust and MRC (UK). AA and CDB are supported by the Arthritis Research UK Tissue Engineering Centre (grant 19429). This study makes use of data generated by the Wellcome Trust Case Control Consortium. A full list of the investigators who contributed to the generation of the data is available from http://www.wtccc.org.uk, and was funded by the Wellcome Trust (076113). MJGF was funded by The Arthritis Society and the Canadian Arthritis Network and J-ML by a scholarship from the Canadian Arthritis Network.Peer reviewedPublisher PD