NEW YORK (AP) — The pending merger between Capital One and Discover Financial services received approval from several regulators Friday, bringing the $35 billion tie-up closer to completion.
The Federal Reserve and the Office of the Comptroller of the Currency signed off on the deal, which was first announced in February 2024.
The Federal Reserve Board said it entered into a consent order with Discover and assessed a fine of $100 million for overcharging certain interchange fees from 2007 through 2023. Discover has since terminated these practices and is repaying those fees to affected customers, according to the Federal Reserve. The board’s action is being taken in coordination with the Federal Deposit Insurance Corp.
It said Capital One has committed that it will comply with the Board’s action against Discover of Riverwoods, Illinois, including remediation requirement, as a condition of approval.
The OCC said its approval reflects its “careful analysis of the effect of the merger on communities, the banking industry, and the U.S. financial system.”
Capital One, based in McLean, Virginia, said it expects to complete the acquisition on May 18 now that it's received all required regulatory approvals. Shareholders of both companies approved the deal i n February.
The deal joins two of the largest credit card companies that aren’t banks first, like JPMorgan Chase and Citigroup, with the notable exception of American Express. It also brings together two companies whose customers are largely similar: often Americans who are looking for cash back or modest travel rewards, compared to the premium credit cards dominated by AmEx, Citi and Chase.
It also will give Discover’s payment network a major credit card partner in a way that could make the payment network a major competitor once again. The U.S. credit card industry is dominated by the Visa-Mastercard duopoly with AmEx being a distant third place and Discover an even more distant fourth place.
FILE - The logo for Capital One Financial is displayed above a trading post on the floor of the New York Stock Exchange, July 30, 2019. (AP Photo/Richard Drew, File)
ATLANTA (AP) — A pregnant woman in Georgia was declared brain-dead after a medical emergency and doctors have kept her on life support for three months so far to allow enough time for the baby to be born and comply with Georgia’s strict anti-abortion law, family members say.
She could be kept in that state for months more.
The case is the latest consequence of abortion bans introduced in some states since the Supreme Court overturned Roe v. Wade three years ago.
Adriana Smith, a 30-year-old mother and nurse, was declared brain-dead — meaning she is legally dead — in February, her mother, April Newkirk, told Atlanta TV station WXIA.
Newkirk said her daughter had intense headaches more than three months ago and went to Atlanta's Northside Hospital, where she received medication and was released. The next morning, her boyfriend woke to her gasping for air and called 911. Emory University Hospital determined she had blood clots in her brain and she was declared brain-dead.
Newkirk said Smith is now 21 weeks pregnant. Removing breathing tubes and other life-saving devices would likely kill the fetus.
Northside did not respond to a request for comment Thursday. Emory Healthcare said it could not comment on an individual case because of privacy rules, but released a statement saying it “uses consensus from clinical experts, medical literature, and legal guidance to support our providers as they make individualized treatment recommendations in compliance with Georgia’s abortion laws and all other applicable laws. Our top priorities continue to be the safety and wellbeing of the patients we serve.”
Smith's family says Emory doctors have told them they are not allowed to stop or remove the devices that are keeping her breathing because state law bans abortion after cardiac activity can be detected — generally around six weeks into pregnancy.
The law was adopted in 2019 but not enforced until after Roe v. Wade was overturned in the 2022 Dobbs v. Jackson Women’s Health Organization ruling, opening the door to state abortion bans. Twelve states are enforcing bans on abortion at all stages of pregnancy and three others have bans like Georgia's that kick in after about six weeks.
Like the others, Georgia's ban includes an exception if an abortion is necessary to maintain the woman's life. Those exceptions have been at the heart of legal and political questions, including a major Texas Supreme Court ruling last year that found the ban there applies even when there are major pregnancy complications.
Smith's family, including her five-year-old son, still visit her in the hospital.
Newkirk told WXIA that doctors told the family that the fetus has fluid on the brain and that they're concerned about his health.
“She’s pregnant with my grandson. But he may be blind, may not be able to walk, may not survive once he’s born,” Newkirk said. She has not said whether the family wants Smith removed from life support.
Monica Simpson, executive director of SisterSong, the lead plaintiff in a lawsuit challenging Georgia’s abortion law, said the situation is problematic.
"Her family deserved the right to have decision-making power about her medical decisions,” Simpson said in a statement. “Instead, they have endured over 90 days of retraumatization, expensive medical costs, and the cruelty of being unable to resolve and move toward healing.”
Lois Shepherd, a bioethicist and law professor at the University of Virginia, said she does not believe life support is legally required in this case.
But she said whether a state could insist Smith remains on life support is uncertain since the overturning of Roe, which found that fetuses do not have the rights of people.
“Pre-Dobbs, a fetus didn’t have any rights,” Shepherd said. “And the state’s interest in fetal life could not be so strong as to overcome other important rights, but now we don’t know.”
The situation echoes a case in Texas more than a decade ago when a brain-dead woman was kept on life support for about two months because she was pregnant. A judge eventually ruled that the hospital was misapplying state law, and life support was removed.
Brain death in pregnancy is rare. Even rarer still are cases in which doctors aim to prolong the pregnancy after a woman is declared brain-dead.
“It’s a very complex situation, obviously, not only ethically but also medically,” said Dr. Vincenzo Berghella, director of maternal fetal medicine at Thomas Jefferson University in Philadelphia.
A 2021 review that Berghella co-authored scoured medical literature going back decades for cases in which doctors declared a woman brain-dead and aimed to prolong her pregnancy. It found 35.
Of those, 27 resulted in a live birth, the majority either immediately declared healthy or with normal follow-up tests. But Berghella also cautioned that the Georgia case was much more difficult because the pregnancy was less far along when the woman was declared brain dead. In the 35 cases he studied, doctors were able to prolong the pregnancy by an average of just seven weeks before complications forced them to intervene.
“It’ s just hard to keep the mother out of infection, out of cardiac failure,” he said.
Berghella also found a case from Germany that resulted in a live birth when the woman was declared brain dead at nine weeks of pregnancy — about as far along as Smith was when she died.
Georgia's law confers personhood on a fetus. Those who favor personhood say fertilized eggs, embryos and fetuses should be considered people with the same rights as those already born.
Georgia state Sen. Ed Setzler, a Republican who sponsored the 2019 law, said he supported Emory’s interpretation.
“I think it is completely appropriate that the hospital do what they can to save the life of the child,” Setzler said. “I think this is an unusual circumstance, but I think it highlights the value of innocent human life. I think the hospital is acting appropriately.”
Setzler said he believes it is sometimes acceptable to remove life support from someone who is brain dead, but that the law is “an appropriate check” because the mother is pregnant. He said Smith's relatives have “good choices,” including keeping the child or offering it for adoption.
Georgia’s abortion ban has been in the spotlight before.
Last year, ProPublica reported that two Georgia women died after they did not get proper medical treatment for complications from taking abortion pills. The stories of Amber Thurman and Candi Miller entered into the presidential race, with Democrat Kamala Harris saying the deaths were the result of the abortion bans that went into effect in Georgia and elsewhere after Dobbs.
Mulvihill reported from Cherry Hill, New Jersey. Associated Press journalists Lisa Baumann, Kate Brumback, Sudhin Thanawala, Sharon Johnson and Charlotte Kramon contributed.
Emory University Hospital Midtown is seen on Thursday, May 15, 2025, in Atlanta. (AP Photo/Brynn Anderson)
Emory University Hospital Midtown is seen on Thursday, May 15, 2025, in Atlanta. (AP Photo/Brynn Anderson)
Emory University Hospital Midtown is seen on Thursday, May 15, 2025, in Atlanta. (AP Photo/Brynn Anderson)
Emory University Hospital Midtown is seen on Thursday, May 15, 2025, in Atlanta. (AP Photo/Brynn Anderson)
FILE - The Georgia State Capitol is seen from Liberty Plaza in downtown Atlanta, April 6, 2020. (Alyssa Pointer/Atlanta Journal-Constitution via AP, File)
