Texas can ban emergency abortions despite federal guidance, court rules

https://www.reuters.com/world/us/texas-can-ban-emergency-abortions-despite-federal-guidance-court-rules-2024-01-02/

Remember this is for emergencies when the pregnant patient is dying!  The keywords are emergencies and dying!  Yet the republicans in Texas and in the Texas courts are so “pro-life” they are demanding a woman die rather than abort a non-viable fetus which can not survive outside the womb because it is not a baby yet.  The keywords there are non-viable, can not survive, and not a baby yet.  So we need to stop calling these people pro-life, and admit they are forced birth.  Their ruling if you read the article says that the doctor has to balance the needs of the woman AND the needs of the fetus, but the court ruling calls it an unborn baby and give it priority over a living woman.  The fetus is not a baby yet if it is non-viable, and if it is certain to die before being born, cause the death of the person carrying it, or will not survive long after being born then you can disregard anything it might need even if viable right then at exam time.   But the court claims that the policy rule is silent on what to do if the state bans abortion.  But that is not true.  The policy rule says doctors must give an abortion to save the life of the woman!  But Texas simply doesn’t want to do that!  This is 100% about controlling women, making women livestock for men, simply breeding mares for men’s issue.  A woman by herself has no rights, her duty is to the man who owns her at the time, it starts out as her father and then becomes her husband.  That is why they call it giving away the bride!  A female from birth is property and good only to serve and breed.   In the minds of republicans. 

I think the ruling is also over broad.  It bans the Biden administration from enforcing the policy against the two religious doctors groups anywhere in the country not just in Texas.  How can that be legal?  The constitution specifically calls on the government to protect the welfare of the people.  Apparently the Texas courts don’t that applies to pregnant people.     Hugs.  Scottie


A closed abortion clinic in San Antonio

An operating room sits empty at Alamo Women’s Reproductive Services, an abortion clinic that closed its doors following the overturn of Roe v. Wade and plans to reopen in New Mexico and Illinois, in San Antonio, Texas, August 16, 2022. REUTERS/Callaghan O’Hare/File Photo

The U.S. government cannot enforce federal guidance in Texas requiring emergency room doctors to perform abortions if necessary to stabilize emergency room patients, a federal appeals court ruled on Tuesday, siding with the state in a lawsuit accusing President Joe Biden’s administration of overstepping its authority.

The ruling by a unanimous panel of the 5th U.S. Circuit Court of Appeals comes amid a wave of lawsuits focusing on when abortions can be provided in states whose abortion bans have exceptions for medical emergencies.

 

The U.S. Department of Justice declined to comment. The office of Texas Attorney General Ken Paxton and two anti-abortion medical associations that challenged the guidance – the American Association of Pro-Life Obstetricians & Gynecologists and the Christian Medical & Dental Associations – did not immediately respond to requests for comment.

The Biden administration in July 2022 issued guidance stating that the Emergency Medical Treatment and Active Labor Act (EMTALA), a federal law governing emergency rooms, can require abortion when necessary to stabilize a patient with a medical emergency, even in states where it is banned. The guidance came soon after the U.S. Supreme Court overturned its landmark Roe v. Wade ruling, which since 1973 had guaranteed a right to abortion nationwide.

 

Texas and the associations immediately sued the administration, saying the guidance interfered with the state’s right to restrict abortion. A lower court judge in August 2022 agreed, finding that EMTALA was silent as to what a doctor should do when there is a conflict between the health of the mother and the unborn child and that the Texas abortion ban “fills that void” by including narrow exceptions to save the mother’s life or prevent serious bodily injury in some cases.

 

Circuit Judge Kurt Engelhardt, writing for the 5th Circuit panel, agreed, writing that EMTALA also includes a requirement to deliver an unborn child and it was up to doctors to balance the medical needs of the mother and fetus, while complying with any state abortion laws.

The law “does not provide an unqualified right for the pregnant mother to abort her child,” he wrote.

The ruling upheld a lower court order that blocked enforcement of the guidance in Texas and also blocked the administration from enforcing it against members of two anti-abortion medical associations anywhere in the country.

 

The federal court’s decision comes a month after Texas’s highest state court ruled against a woman seeking an emergency abortion of her non-viable pregnancy. That court is currently considering a separate lawsuit by 22 women about the scope of the emergency medical exception to Texas’s abortion ban.

A federal judge last year reached the opposite conclusion in a similar lawsuit in Idaho, blocking that state’s abortion ban after finding it conflicted with EMTALA. The 9th U.S. Circuit Court of Appeals is expected to hear the state’s appeal of that ruling later this month.

Reporting By Brendan Pierson in New York; Editing by Alexia Garamfalvi and David Gregorio

Gilead was meant to be fiction, it wasn’t meant to be a blueprint

The Republican Party has already been using “1984” as an instruction manual for at least two decades if not longer. Why would they stop there? Why wouldn’t they also choose to throw “The Handmaid’s Tale” in there for good measure?

So Republicans are officially the Party of Death. They’re okay with killing women who have complicated pregnancies. Horrific ruling.

Typical of what they do.

Once again: states that banned abortions with exceptions for rape, incest, or to save the life of the mother WILL NOT honor those exceptions. It’s all a charade.

Remember the logic for testing witches? Weigh her down, toss her in the pond, and if she dies, she was innocent. If she survives, she’s a witch, so execute her.

Obviously, you don’t know whether emergency action is required to save a woman’s life until you don’t do it and she’s dead. Until she’s dead, then you can’t know if an abortion was actually needed to save her life.

Besides, these people have made it abundantly clear since, well, forever, that their concern for life ONLY extends to the unborn. Once you’re alive – whether you’re the mother or the child – the only interest they have in you is fucking you over.

Since ecclesiastical SCOTUS brought us this nightmare we can’t look to them to save us. We gotta rip out all Christian Nazis from state houses. Gonna be a very tough thing with gerrymandered districts.

Ladies (and gentlemen) we need to remember $#!+ like this next November and get out there and VOTE VOTE VOTE VOTE VOTE VOTE VOTE! Pass it on! (with 4-part harmony and feeling

Actually, we are costars. Women and LBGTs are both getting murdered by the right

These pro-lifers sure do like the idea of killing the mothers of these ‘babies’.

Back in the 80s, when I would attend pro-choice marches, we used to chant
Right to Life
You’re name’s a lie
You don’t care
If women die
That was 40 years ago, and nothing has changed.

It’s been going on for a while now.

Years ago, there was a pregnant woman who was found to be nonresponsive but the state forced the hospital to keep her “alive” until the fetus, which itself had a low or no probability of live birth, could be delivered.

I found an article about this: https://www.outsidethebeltw…

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Companies planning to relocate to Texas take note.

Employers keep flocking to Texas. All they care about are low wages, weak unions, low taxes, and lax regulations.

Also, “Texas Attorney General Ken Paxton, a Republican, said former President Donald Trump would have lost in Texas in the 2020 election if his office had not successfully blocked counties from mailing out applications for mail-in ballots to all registered voters.”

It’s against the law to save a woman by aborting her pregnancy that’s going to kill her. I’m at a loss for words at the moment…… The right are taking away women’s rights and lgbtq rights at deadly consequence. Take note of you live with HIV because the meds that are keeping you alive will not be available if we continue to give these monsters power. I hope Biden stacks the court and we return to safe sanity again.

Dave Rubin whines about Suppression Olympics while CANCELLING Harvard

First, I was up all night.  I got four hours sleep yesterday afternoon, and half an hour this morning.  I have put a lot of this on my new big white board for a video I hope to do soon.   That said, this video is a great and important watch.   It details how the Fox right who claims all pro Nazi stuff is free speech and defends everything tRump spews is good is attacking University students for saying apartheid is bad.  Also how they try hard to besmirch higher education and anything saying Israel is doing anything wrong.   Again this is from the people who say nothing about tRump having meals with know Nazi white supremacists and never says a bad word about DeathSantis not disavowing the Nazis who support him.   Hugs.   Scottie

Biden Admin. Tells On Itself With Disturbing Admission About Israel

This video was recorded weeks ago.   Yet at this point Israel had destroyed 98,000 buildings, and most if not all would have had people in them or near them.  At this time the Palestinian death toll is over 20,000 and 1/3 of them are children.   Hugs.  Scottie

Ari Tolany, research consultant for Women for Weapons Trade Transparency, to discuss her recent piece that she co-authored in In These Times entitled “How Israel Got an Endless Supply of U.S.-Made Smart Bombs.”

Tolany walks Sam through the particular proliferation of Precision Guided Missiles in these overseas stockpiles, and the contradictory nature of why these missiles are manufactured (reducing collateral damage) and how they have been used by US allies – namely Saudi Arabia and Israel – before wrapping up with a brief conversation on the importance of international investigation in actually holding the US accountable for their bombs.

Texas Drag Show Canceled After Right Wing Crusade

Again it is forcing people to stop doing a legal activity because you personally don’t like it.  Is this liberty for all?  Is this freedom that the right likes to brag about?  It is rule by gang thugs.  It is gangland stuff.   But again the right makes threats because they don’t care if they hurt people and the left backs down and doesn’t hold the event that the haters shut down because the left care if people get hurt.  These people are terrorists.   They must be resisted.  Today it is drag queens, then the rest of the LGBTQIA, then anything not in their fundamentalist world they will shut down.  The US Christian moral police Taliban.  Plus these people constantly claim to be the majority or that they represent the country, when the fact is they are a small minority very vocal violent   Hugs.  Scottie


The Fort Worth Star-Telegram reports:

Piaf Kitchen + Wine + Bar had promoted a “drag show” Dec. 31 as part of a circus act at a premium-priced party that also will include a fire thrower, a magician, a palm reader, dinner, music and a DJ.

The restaurant posted Friday on social media, the lineup was changed, “For the safety of our Performers, and Staff, and for a pleasurable experience for our Guests … to ensure a more universally enjoyable and safe experience for everyone.”

Piaf had been the target of hundreds of online complaints after ads for the $75-$150 event including “drag entertainers” were circulated Thursday on social media. One post came from Julie McCarty, leader of the Grapevine-based True Texas Project tea party group.

Read the full article. As you can see below, McCarty’s group has endorsed a raft of far-right, anti-LGBTQ, Christian nationalist extremists.

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In my day Evangelicals pretended not to drink alcohol. I guess they’ve given up that lie at this point.

But jesus turned water into grape juice!

Yes, that’s what we were taught. Also the earth is only 6,027 years old.

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“You’re confusing drag with church”

Yeah, that’s it.

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The Secrets of Homosexual History in America

The True History of Male Gay Brothels

Same sex relationships and male gay brothels were normal until Christianity took hold.  Then the bigotry started.   Sexual activity was an accepted part of everyday life, until regressive repressive Christians ruined it for everyone.   And they are still at it today.  Hugs

Welcome back to 🤪Crazy Histories🤪
As long as humanity has existed, there have been physical and romantic relationships between people of the same gender. And like straight people, those of varying sexualities have also looked for release in more promiscuous places. They say the oldest job in the world is prostitution, and these gay brothels that date from antiquity to modern day certainly prove that… #ancienthistory #historydocumentary #homosexual

Republicans are torturing pregnant women with lethal diagnoses….

There is an ongoing lawsuit in Texas in which 20+ women are challenging the legality of the state’s restrictive abortion law under the state’s constitution. Thank you, Dani, for sharing your story and sending me this article. Each plaintiff – including a personal friend of mine who is also a fellow obgyn – had medically complex pregnancies, including cases where the fetuses could not survive outside of the womb. These women deserve our attention and acknowledgement for their bravery in coming forward – especially when doing so could lead to extreme backlash from their communities, friends, and even family.

The Center for Reproductive Rights brought the case and Texas Attorney General/cartoon villain Ken Paxton is opposing it as usual. Let’s talk about it.

Let’s talk about Ohio, Idaho, and 2 wins….

If you Prick us, do We not Bleed? – Shakespeare in Gaza

https://www.juancole.com/2023/12/you-prick-bleed.html

Please notice the date of the article.  I am desperately trying to clear older tabs, so I can clean this computer up.  Thanks again to Ten Bears for the link, how he finds time to read all this stuff and make lists of the links is beyond my understanding.   But while the data on the number of people including kids killed is out of date, massively wrong now, the feeling of the post is important.  I hope you will read it.  The US must stop supporting Israel in its genocide of the Palestinian people.  Hugs.  Scottie

*** Edited to add the link to Ten Bears’ website. I would hope by now that people would already be following his blog but if not here is the link.  https://homelessonthehighdesert.com/  ***

Here are quotes from the article which are clearly true.

The goal of the Netanyahu government and his right-wing extremists is not just the destruction of Hamas (which is unlikely to occur as the pulverizing of Gaza leads to new recruits for the terrorist organization and Hamas’s 30,000 man fighting force remains resilient, its leaders alive and negotiating with Israel through Qatar), it is the removal of all presence of the Palestinian people to allow for an expanded “Eretz Yisrael,” including the children.

The Holocaust does not bestow impunity for reckless, brutal and merciless acts by the State of Israel (the massive killing of children and their civilian families), even if these acts are conducted in response to execrable and monstrous acts against its citizens.  

Can one excuse the relentless murder of children within Gaza as justified retaliation for the horrifying massacre of the Israelis near the Gazan border on October 7, or are they both equally heinous acts?

The children of Gaza do bleed, die of disease or are crushed to death, their body parts scattered amidst the debris of 2000 pound bombs?


(Special to Informed Comment; Feature) – Is there a scale that can measure the value of 7,000 dead Palestinian children vs. 1200 dead Israelis?

What is to be measured, the weight of their souls? Can such a scale ascribe the worth of one group of the dead as being of greater value than the other group, one soul to a person or child?

One can, ironically, turn back to the plaintive speech of a benighted Shylock, a Jew trapped in an anti-Semitic stereotype, in Shakespeare’s The Merchant of Venice for some guidance to answer this question, replacing the names of religions to reflect the current catastrophe in Gaza:

I am a Palestinian. Hath not a Palestinian eyes?
Hath not a Palestinian hands, organs, dimensions,
senses, affections, passions? Fed with the
same food, hurt with the same weapons, subject to
the same diseases, healed by the same means,
warmed and cooled by the same winter and summer
as a Jew is? If you prick us, do we not bleed?

In the original version of Shakespeare’s timeless monologue for Shylock, the word replaced by “Palestinian” above was originally “Jew,” and the word “Jew” was originally “Christian.”

Aljazeera English: “Indiscriminate attacks: Children bear the brunt of Israel’s war on Gaza”

The goal of the Netanyahu government and his right-wing extremists is not just the destruction of Hamas (which is unlikely to occur as the pulverizing of Gaza leads to new recruits for the terrorist organization and Hamas’s 30,000 man fighting force remains resilient, its leaders alive and negotiating with Israel through Qatar), it is the removal of all presence of the Palestinian people to allow for an expanded “Eretz Yisrael,” including the children.

The Holocaust does not bestow impunity for reckless, brutal and merciless acts by the State of Israel (the massive killing of children and their civilian families), even if these acts are conducted in response to execrable and monstrous acts against its citizens.  

Can one excuse the relentless murder of children within Gaza as justified retaliation for the horrifying massacre of the Israelis near the Gazan border on October 7, or are they both equally heinous acts?

“If you prick us, do we not bleed?”

The children of Gaza do bleed, die of disease or are crushed to death, their body parts scattered amidst the debris of 2000 pound bombs?

Recently, an Informed Comment article by Charles Hirschkind, was entitled “The Invisible Slaughter of Gazan Children.” Hirschkind wrote:

    • According to our most reliable news sources, the 

children

     of Gaza are being slaughtered at a horrific rate. No, you will not find the terms “slaughter” or “horrific” in Western media accounts of Israel’s current assault on the Palestinians residents of Gaza (these terms are reserved for Israeli deaths), but nonetheless, there is little disagreement among media professionals that nearly half of the deaths resulting from Israel’s current assault on Gaza are children.

According to the charity Save the Children, “More children have been killed in the Gaza Strip over the last three weeks than in every other armed conflict annually since 2019.”

Yes, we know that the current figure of the dead children in Gaza is probably far more than 7,000 (adding the innumerable more buried in the rubble.) We know that the death toll of these innocents is growing by the day as the Israeli war machine of vengeance continues to pulverize Gaza.

There are no posters with photos plastered on lampposts of the children killed in Gaza. No marches bearing the likenesses of the mangled children.  They remain largely invisible and faceless, denied the basic recognition of their individual humanity. This is intentional.

“There was no such thing as Palestinians,” former Israeli Prime Minister Golda Meir once falsely proclaimed.

It’s no surprise then that a December 18th Washington Post article indicated that a clearly identified journalist in Gaza was shot in the leg, likely by an Israeli sniper, after reporting the discovery of decomposing bodies of Palestinian babies, victims of the Israeli pummeling:

The Israel Defense Forces did not immediately respond to a request for comment.

The Israel-Gaza war has been devastating for journalists, with at least 64 killed and 13 wounded, according to the Committee to Protect Journalists (CPJ). The risks are gravest for Palestinian reporters based in Gaza, who must keep themselves safe while also dealing with the loss of their homes, families and colleagues.

The Israeli government and IDF “press liaisons” don’t want journalists to disseminate photographs that would turn Palestinians into sympathetic people, or to allow the West to develop empathy for the dying children.

Horrifyingly, parents of Palestinian children in Gaza, and the children themselves, are writing their names on their arms and legs, so that when a limb is found the child can be identified.

As American poet devorah major (initial lower caps, her preference) haunted by this macabre image was inspired to write,

    • “remember?

not wanting to be one of the missing
or one of the unable to be identified killed
the little girl wrote on the inside of her
heart shaped palm between heart
and lifelines in neat Arabic script
“if my hand survived
this is my name” before she was slain.

these children do not have
numbers burned into their arms
but many have written their own
names statements and identification numbers”

Many of these children were too young to formulate their aspirations. Who knows what wonders they could have experienced? They are snuffed out without the chance for their futures to blossom like ripe olive trees, olive trees that are now violently being cut down and destroyed by Israeli West Bank zealots and thugs who want, like most of Netanyahu’s cabinet, a Greater Israel from “the river to the sea.”

Yes, who can weigh the value of a soul? The children in Gaza and the Israeli dead are equalized in their irreversible deaths. Their futures have been cut short by the madness of a vile and intractable hatred from Hamas and Netanyahu’s Israel.

“If you prick us do we not bleed?”

When “settlement” is code for cultural genocide

https://www.lgbtqnation.com/2023/12/when-settlement-is-code-for-cultural-genocide/

Green Line concrete wall separating Israel and Palestine. Security wall also known as West Bank Barrier. Outskirts of Jerusalem.
Green Line concrete wall separating Israel and Palestine. Security wall also known as West Bank Barrier.Photo: Shutterstock

On December 23, 2016, the 15-member United Nations Security Council took a highly controversial step by voting 14-0 (Resolution 2334) to condemn Israel’s construction of so-called “settlements” on the occupied West Bank taken after the 1967 War with its Arab neighbors. 

The UN Resolution stated that Israeli settlements constitute “a flagrant violation under international law” and said that all settlement activities in the occupied Palestinian territory, including East Jerusalem, must “immediately and completely cease.”

The United States chose to abstain, but throughout his presidency, Barack Obama had voiced the long-standing official policy of his country by designating Israeli settlements as a major impediment in any hoped-for two-state solution in the Israeli-Palestinian conflict.

Israeli Prime Minister Benjamin Netanyahu and then President-elect Donald Trump, on the other hand, blasted the United Nations’ vote. Trump’s proposed U.S. ambassador to Israel, David Friedman, a far-right-wing lawyer, did not support a “two-state solution,” but did support Jerusalem as Israel’s capital, the “settlement” program, and Israel’s annexation of the occupied West Bank.

When in office, Trump unilaterally declared that the Golan Heights is a literal part of Israel. Trump’s unilateral movement of the U.S. embassy to the contested city of Jerusalem increased already inflamed tensions. He unilaterally pulled out of the Iranian nuclear deal, and Trump’s obvious support for and collusion with Netanyahu was intended to sway the Israeli election in Netanyahu’s favor.  

Though declared illegal under international law, approximately 570,000 Israelis live in the more than 130 so-called “settlements” (a.k.a. stolen land) since the 1967 War. Approximately 475,000 Palestinians live in the West Bank and 230,000 in East Jerusalem.

Many see Israel’s “settlement” policy on the occupied West Bank in the same light as Russia’s illegal incursion into Eastern Ukraine and annexation of Crimea, which likewise threaten political and military stability in the area and further endanger world peace.

Historian Joel Spring refers to this “cultural genocide,” as “the attempt to destroy other cultures” through forced acquiescence and assimilation to majority rule and standards. This cultural genocide works through the process of “deculturalization,” which Spring describes as “the educational process of destroying a people’s culture and replacing it with a new culture.”

An example of “cultural genocide” and “deculturalization” is evident in the case of Christian European American domination over Native Americans, whom European Americans viewed as “uncivilized,” “godless heathens,” “barbarians,” and “devil worshipers.”

White Christian European Americans deculturalized indigenous peoples through many means: confiscation of land, forced relocation, undermining of their languages, cultures, and identities, forced conversion to Christianity, and the establishment of Christian day schools and off-reservation boarding schools far away from their people.

The expansion of the republic and movement west was, in part, justified by overriding philosophical underpinnings since the American Revolution. Called “Manifest Destiny,” it was based on the belief that God intended the United States to extend its holdings and its power across the wide continent of North America over indigenous peoples from East Coast to West. The doctrine of “manifest destiny” embraced a belief in American Anglo-Saxon superiority.

“This continent,” a congressman declared, “was intended by Providence as a vast theatre on which to work out the grand experiment of Republican government, under the auspices of the Anglo-Saxon race.”

A mid-19th century missionary wrote: “As tribes and nationals the Indians must perish and live only as men, [and should] fall in with Christian civilization that is destined to cover the earth.”

Throughout the Alaska territory, Christian missionaries, including Presbyterians, Catholics, and Moravians, vied to win converts. Simultaneously, the United States government issued laws barring Alaskan Indian ceremonies regarded as “pagan” and contrary to the spread of Christianity.

During the early years of the new republic, with its increasing population and desire for land, political leaders like George Washington and Thomas Jefferson advocated that Native American lands should be obtained through treaties and purchases.

President Jefferson, in 1803, wrote a letter to then-Tennessee political leader Andrew Jackson advising him to convince Native Americans to sell their “useless” forests to the U.S. government and become farmers. Jefferson and other government leaders overlooked the fact that this style of individualized farming was contrary to Native American communitarian spiritual and cultural traditions.

Later, however, when he inhabited the White House, Jackson argued that white settlers (a pleasant term for “land thieves”) had a “right” to confiscate Native American land. Though he proposed a combination of treaties and an exchange or trade of land, he maintained that white people had a right to claim any Native American lands that were not under cultivation. Jackson recognized as the only legitimate claims for Native American lands those on which they grew crops or made other “improvements.”

The Indian Removal Act of 1830 authorized President Jackson to confiscate Native American land east of the Mississippi River, “relocate” its former inhabitants, and exchange their former land with territory west of the River. The infamous “Trail of Tears” during Jackson’s presidency attests to the forced evacuation and redeployment of entire Native American nations during which many died of cholera, exposure to the elements, contaminated food, and other environmental hazards.

The Naturalization Act of 1790 excluded Native Americans from citizenship, considering them, paradoxically, as “domestic foreigners.” They were not accorded rights of citizenship until 1924, when Congress passed the Indian Citizenship Act, though Asians continued to be denied naturalized citizenship status.

In addition, though Jackson founded the Democratic Party and brought greater popular control to government, as a farmer his wealth increased enormously through his enslavement of Africans, and he gave the lash to any who attempted escape.

I found a definition of “settler” as “a person who settles in an area, typically one with no or few previous inhabitants.” I would add an essential condition that for this person to settle, the area must not have prior claim by others who call it their home.

How could Columbus have discovered what would later be called “the Americas” when people lived on this land for an estimated 12,000 years after coming over the Bering Isthmus during a glacial age when sea levels dropped? How can one “discover” people who have been here so long? Actually, First Nation people discovered Columbus on their land!

We must interrogate (analyze) the concept of “settler,” of “discovery,” of “the New World” as distinguished from “the Old World.”

Say, for example, I own a house, and someone knocks on the door, walks in, pushes me outside, and claims: “I like your house, and I am now settling here. You get going on your way. Goodbye!” And he slammed the door in my face.

“Manifest Destiny,” “annexation,” and “settlements” represent different terms with similar meanings: unethical and immoral muggings and robbery of other people’s land. I fully support the United Nation’s courageous resolution.