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How Biden Should Spend His Final Weeks in Office
The days are dwindling to a precious few before President Biden relinquishes his tenancy at the White House to Donald Trump. Four years ago, in his inaugural address, Mr. Biden promised to “press forward with speed and urgency, for we have much to do in this winter of peril and possibility.” The peril remains, but so do the possibilities.Last week he announced that he was commuting the sentences of nearly 1,500 people and pardoning 39 others convicted of nonviolent crimes. Eleven days earlier, in a decision widely criticized, Mr. Biden pardoned his son Hunter, who was awaiting sentencing on gun possession and income tax charges.There is still much the president can do before he repairs to Delaware. He can spare federal death row prisoners from the fate some almost certainly will face when Mr. Trump returns. He can make the Equal Rights Amendment a reality after decades of efforts to enshrine it in the Constitution. He can safeguard magnificent landscapes that might otherwise be desecrated. He can protect undocumented immigrants facing deportation, alleviate crushing student debt facing millions of Americans and protect the reproductive rights of women. And more.New York Times Opinion contributors share what they hope President Biden will accomplish during his remaining time in office.Yes, time is running out for Mr. Biden’s presidency, but he can still repair, restore, heal and build, as he promised he would do on the January day four years ago when he took the oath of office. Here are a few suggestions:Commute the sentences of the 40 federal inmates on death rowBy Martin Luther King IIIBy commuting all federal death sentences to life, Mr. Biden would move America, meaningfully, in the direction of racial reconciliation and equal justice. In 2021 he became the first president to openly oppose capital punishment. Since his inauguration, the federal government has not carried out a single execution.If Mr. Biden does not exercise his constitutional authority to commute the sentences of everyone on federal death row, we will surely see another spate of deeply troubling executions as we did in the first Trump administration. A majority of those executed — 12 men and one woman — were people of color; at least one was convicted by an all-white jury and there was evidence of racial bias in a number of cases; several had presented evidence of intellectual disabilities or severe mental illnesses. The same problems were features in the cases of many of the 40 men on federal death row today, more than half of whom are people of color.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More
- in US Politics
Missouri abortion rights in legal limbo after constitutional protections take effect
An amendment to Missouri’s constitution protecting the right to abortion took effect late on Thursday, two years after the state banned the procedure – but abortions have not yet resumed in the state.The day after Missouri voters supported the measure to amend the constitution, Planned Parenthood affiliates in the state filed a lawsuit asking the court to strike down the state’s near-total abortion ban as well as a raft of other restrictions that, Planned Parenthood said, make it impossible to perform the procedure. In a hearing on Wednesday, the groups asked the Jackson county circuit judge Jerri Zhang to quickly issue an order to freeze the restrictions and allow abortions in the state to resume on Friday.However, the judge has not acted, and Missouri abortion providers remain in legal limbo, caught between contradictory provisions in the state’s constitution and its statutes. Under the new amendment 3, Missouri residents possess a “fundamental right to reproductive freedom”, including access to abortions until fetal viability.“I think it’s a simple case. I don’t think we are asking for something particularly extraordinary,” said Emily Wales, president of Planned Parenthood Great Plains in Missouri. “We have Missouri providers who travel to Kansas currently to provide care. It’s absolutely their hope to provide abortion services in their home state. So as soon as we get notice, we will rearrange our plans to ensure that Missourians have access to care.”Even before the US supreme court overturned Roe v Wade in 2022, paving the way for Missouri to ban abortion outright, abortions in Missouri had dwindled dramatically. One Planned Parenthood affiliate had stopped offering the procedure altogether, while the other could only do so at a single clinic, according to Planned Parenthood’s lawsuit. This decline was due, the lawsuit alleges, to a series of “impenetrable, onerous and medically unnecessary restrictions” that are still technically in place – such as requiring medication abortion patients to undergo a vaginal exam or mandating that abortion patients visit a clinic for counseling, wait 72 hours and then return for the procedure.Without a favorable court order from Zhang, Wales said: “There will be too many restrictions on the books that we just can’t actually comply with.”Andrew Bailey, Missouri attorney general, has said that amendment 3 means its near-total abortion ban is unenforceable. However, other restrictions can remain in place, including the requirement of a “72-hour reflection period”, Bailey argued in a recent court filing. Removing those requirements would infringe on women’s right to choose childbirth, he said, which is also included in amendment 3’s guarantee of “reproductive freedom”.“Regulations that ensure individuals have adequate time to choose between options – and will not be racked by regret – do not ‘delay’ rights under amendment 3; those regulations foster those decisions,” he wrote.Bailey argued that, rather than issuing a court order that would impact numerous abortion restrictions, Zhang should instead let these restrictions’ futures be decided over the course of litigation.With amendment 3’s impact in question, Missouri state legislators this week proposed a number of potential new restrictions. Lawmakers pre-filed at least 11 anti-abortion bills, according to a tally by the Kansas City Star. The state legislature may take up these bills when it reconvenes in January 2025. Republicans will control the state house, senate and governor’s mansion.skip past newsletter promotionafter newsletter promotionOne pre-filed bill would once again ask Missouri voters to amend the state constitution – this time to outlaw all abortions except in medical emergencies or in cases of rape. Another would endow embryos and fetuses with full rights and protections – a measure that, if enacted, would grant them a status known as “fetal personhood” and in effect ban all abortion.Yet another would ask voters to amend the Missouri constitution to, in the future, make it more difficult to pass ballot measures. Under that proposal, ballot measures would have to win both a simple majority of voters and win a majority of voters in more than half of the state’s congressional districts. (Right now, Missouri ballot measures must only win most voters in the state.)Mallory Schwarz, executive director of Abortion Action Missouri, remains committed to fighting these new efforts.“I think these attacks are only going to further enrage voters who just made a very clear decision,” Schwarz said. More
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Thanksgiving in America, when obsequious Trumpers genuflect to the president-elect | Arwa Mahdawi
JD Vance is being weird againMelania Trump has made it clear that her second stint at being first lady will be conducted entirely on her own terms. It’s been reported that she’s unlikely to move back to the White House and will spend a lot of the next four years flitting between New York and Florida. Maybe she’ll write another coffee table book. Maybe she’ll develop another caviar-infused skincare line. Who knows. But whatever she does, it’ll be in the service of her own interest, rather than the country’s.With Melania not particularly interested in being by Donald’s side, there’s a void to be filled. And it looks like JD Vance and Elon Musk are furiously competing to win the incoming president’s affections. Musk has basically been camping out at Mar-a-Lago since the election, and has earned “uncle status” according to Trump’s granddaughter Kai.The tech billionaire also had a seat at the Trump family table for Thanksgiving dinner, where he bopped to YMCA and presumably had a little giggle over a bizarre AI-generated video Trump tweeted which showed Donald popping out of a turkey Joe Biden was about to carve and gyrating. It’s not clear if Musk, who spent the rest of the day tweeting self-aggrandizing videos of himself, had any quality time with his children over the holiday but that seems to be his MO: urging people to have multiple kids while ignoring his own.JD Vance may be the next vice-president but from the looks of it, Musk very much seems to be Trump’s number two. Vance looks keen to change that, however, and celebrated Thanksgiving with a weird tweet of his own. The vice-president-elect posted an edited image of Norman Rockwell’s 1943 Thanksgiving painting Freedom from Want with Trump’s face Photoshopped on the patriarch and Vance Photoshopped over the wife. (To be clear: it’s not explicitly stated who the matriarch figure is in the painting but, while Rockwell’s cook is the model, the woman is often interpreted as being the wife of the man she’s standing next to.) In the original painting, the matriarch is holding up a turkey. In Vance’s version he – clad in an apron and blue dress – is holding up a very red map of America. Once upon a time Vance compared Trump to Hitler; now he’s eagerly doctoring pictures so he can depict himself as Trump’s trad wife.Why would Vance embarrass himself like this? Former Kamala Harris adviser Mike Nellis reckons “Vance is worried about Elon having more influence than him, so he thought posting this weird ass meme would win him favor again.” I’m not sure anyone should listen to a Democratic strategist about anything ever again but this interpretation does seem about right.While I couldn’t tell you exactly what went through Vance’s head when he posted an image of himself as an aproned matriarch, I can very confidently say that we have (at the very least) four more years of these sorts of posts. Forget the banality of evil, the Trump administration represents the inanity of evil: we’re going to see the passing of inhumane policies, the rollback of reproductive rights, and the gutting of public services alongside idiotic memes designed to “own the libs”. The online trolls have crawled out from below the bridge and now advise the president; the shitposters are in charge now.I guess it’s totally fine to threaten Muslim congresswomen in the US nowSpeaking of trolls, Trump-endorsed congressional candidate and Florida state senator Randy Fine tweeted a casual death threat to Rashida Tlaib and Ilhan Omar – the only Muslim women in Congress – this week. “The Hebrew Hammer is coming,” Fine tweeted. “[Rashida Tlaib] and [Ilhan Omar] might consider leaving before I get there. #BombsAway.” Can you imagine if Tlaib or Omar had delivered a similar message to Fine? It would be front-page news and Biden would have made an outraged statement. This was barely covered. Fine is the same guy, by the way, who cheered the murder of 26-year-old American citizen Ayşenur Ezgi Eygi, an activist reportedly killed by the Israeli forces while peacefully protesting illegal settlements in the West Bank.Blue Origin deletes video of female astronaut after sexist commentsAstronaut and MIT-trained engineer Emily Calandrelli became the 100th woman in space when she joined six space tourists in a Blue Origin launch. An Instagram video of her excited reaction to being in space was inundated with misogynistic comments, which led to Blue Origin taking it down. Being a woman in the public eye is a real barrel of laughs!A fifth woman has died as a likely result of abortion bansAccording to ProPublica, Porsha Ngumezi, a 35-year-old Texas woman, is the fifth woman who is known to have died because their medical care was delayed after miscarriages or because they couldn’t undergo legal abortions.Fox News’ Jesse Watters: ‘Trump’s going to treat Denver like a woman. He’s going to protect the city whether they like it or not’Poor Denver.Brazilian congressional committee votes for bill to ban abortion in all casesThat includes in cases of fetal deformation, rape or when the mother’s health is in danger. The proposed bill has to go to a special committee before it can advance further but the fact it has got this far is alarming.Walmart is the latest company to abandon its DEI initiativesThe right has declared war on DEI and it looks as if they’re winning. Not a good time for my (satirical) company Rent-a-Minority, I’ve got to say.Gen Z isn’t a big fan of dating apps“There is a growing romanticisation of in-person meeting and interaction,” one expert told the Guardian.Former ICC chief prosecutor says she faced threats and ‘thug-style tactics’Fatou Bensouda has said she experienced direct threats to herself and her family just for doing her job. Meanwhile, the US government and its allies continue to undermine the ICC and international law.Israel’s finance minister proposes ‘thinning out’ Gaza’s population“It is possible to create a situation where Gaza’s population will be reduced to half its current size in two years,” the Israeli finance minister, Bezalel Smotrich, said on Monday. (While these remarks were covered by the Israeli press, they strangely didn’t seem to be deemed newsworthy by a lot of the US press.) Israeli settlers are already preparing to occupy the strip and build new houses next to mass graves.The week in pawtriarchyWould you like to see a picture of a poorly penguin named Flop who learned to walk again because zoo staff made her a bespoke baby bouncer and treadmill? Of course you do. This Guardian piece is guaranteed to make you pen-grin. More
- in US Politics
Is it safe to have a child? Americans rethink family planning ahead of Trump’s return
Chris Peterson wasn’t surprised that Donald Trump won the 2024 presidential election. But he was surprised by how quickly he and his wife started asking one another: should we try to have another baby before a possible nationwide abortion ban takes effect? Or should we give up on having a second child?Peterson and his wife, who live in North Carolina, are thousands of dollars in debt because their first child needed to spend weeks in the hospital after being born prematurely. They had wanted to pay off that debt and wait a few years before having a second baby. But now, reproductive rights are again in the balance – Trump has said he would veto a nationwide abortion ban, but his allies are emboldened to push through more restrictions.Peterson is terrified of what is to come, and that his wife might not be able to get the medical care she needs if they decide to conceive again. “We should be happy thinking about expanding our family,” said Peterson, who is, like his wife, in his late 30s. “We shouldn’t be worried that we’re going to have medical complications and I might end up being a single father.”Peterson is not the only American who, in the weeks after the US election, is rethinking plans around having children. On 6 November, the number of people booking vasectomy appointments at Planned Parenthood health centers spiked by 1,200%, IUD appointments by more than 760% and birth control implant appointments by 350%, according to a statement provided to the Guardian by Planned Parenthood. Traffic to Planned Parenthood’s webpages on tubal ligation, vasectomies and IUDs has also surged by more than 1,000% for each.After the election, the Guardian heard from dozens of people in the US reconsidering whether to have children. Most pointed to fears over the future of reproductive healthcare, the economy and the climate in explaining their concerns.“I hesitate to bring more children into a world with an uncertain ecological future, assuming that the incoming administration pulls out of the Paris climate accord and ceases to support green energy transition,” a 34-year-old Minnesota mother of one wrote to the Guardian in response to a callout inviting readers to share their thoughts about post-election family planning. Trump pulled the US out of the historic agreement during his first administration; doing so again – which Trump has promised to do – could “cripple” the it, according to the UN secretary general.“We have two children and I have desperately wanted a third – but now I am fearful of being able to get adequate care if I get pregnant,” wrote another woman who lives in Louisiana. “I can’t risk leaving my two children behind if [I] die because I can’t get adequate care here. It feels like a dystopian novel, and yet here we are.”These worries are not necessarily new. In 2023, a Pew Research Center survey found that 47% of 18- to 49-year-old US adults say they are unlikely to ever have kids – a steep jump from 2018, when 37% said the same. Of the people who are unlikely to have kids, 38% said “concerns about the state of the world” were a major part of their decision-making. Roughly a quarter pointed to fears about the environment.Working in disaster relief, Catherine regularly sees the effects of the climate crisis up close. “I’m in Washington DC right now and flowers are blooming. It’s November. This should not be happening,” she said in an interview. “While I have always wanted kids, that choice has become tinged with a level of despair and anger that I didn’t have two years ago.”She continued: “Why would I bring a child into this world that is dying?”Earlier this year, Catherine got a copper IUD, which can block pregnancy for more than a decade.Like developed countries around the world, the United States is in the midst of a fertility slump. In 2023, the US fertility rate fell by 3% and reached a historic low.But this decline is not evenly distributed across the political spectrum. After Trump won the presidency in 2016, births in Republican-leaning counties rose sharply compared to those that leaned Democratic. Today, Democrats are likelier than Republicans to be childfree – a trend that, the Washington Post has hypothesized, is likely also related to the rightward drift of big-family white Protestants.That the outcome of the 2024 election has spurred such fear and hesitation around having children is apt – not only are US political parties on diverging paths when it comes to babies, but the election itself was in many ways a referendum on families and fertility. While Kamala Harris made support for abortion rights a key plank in her platform, Donald Trump promised “baby booms” and pledged to give people “baby bonuses”. Trump’s vice-president-elect, JD Vance, has built his political brand on pronatalism, a movement that urges people to have babies to benefit the greater good. Vance has a track record of deriding “childless cat ladies” and raising the alarm about the US fertility rate.“We want more babies because children are good,” Vance once said. “And we believe children are good, because we are not sociopaths.”M, a Texan mother of three who asked to go by her first initial because she feels stigmatized for voting for Trump, hopes that Trump’s victory will improve the economy to the point that she and her husband can afford to have a fourth child.“I still have a child in childcare now – like daycare – and just seeing those costs rise year after year since 2020, it’s been really hard for our family to consider having another baby,” M said. “The possibility of that being alleviated through better economic policy or even just those costs being taken away somewhere else – whether it’s groceries or utilities to whatever it is – that really makes it possible for us to consider having another kid.”M, who opposes abortion, feels confident that she would be able to get adequate care if she had a miscarriage. (Since Roe v Wade fell, at least three women have died in Texas after doctors reportedly delayed treating them for miscarriages or gave them inadequate miscarriage care.) The climate crisis worries M less than making sure her kids have access to clean water and healthy, chemical-free food.Not everyone reconsidering having kids has totally ruled it out. N, a 26-year-old from New York, is for now only delaying her plans to have kids until after Trump leaves office. (She asked to go by her first initial because she previously had an abortion.) Ruth, who has a newborn at home and is married to an undocumented person, fears abortion bans and her husband being deported – but still wants to keep the conversation about having a second kid alive.“We want to be able to dream of having a family the way we want to, on our terms,” said Ruth, who lives in Florida and asked to be identified by her middle name due to her husband’s immigration status. “My husband being an immigrant – we feel that it shouldn’t foreclose our options to build a family. We have just as much of a right to build a family on our terms as anyone else.” More
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We must defend elective abortions, not just the most politically palatable cases | Moira Donegan
A Kentucky woman known by the pseudonym Mary Poe recently filed a lawsuit against her state, seeking an abortion for what was once a banal reason: because she wanted one.Poe, who was about seven weeks pregnant at the time of the lawsuit’s filing, has since had an abortion out of state. But her attorneys argue that she still has standing to sue to overturn Kentucky’s two abortion bans – a six-week ban and a separate total ban – arguing that the laws violate the state constitution. This much, at least, is typical: lawsuits challenging abortion bans have sprung up across the country since Dobbs, with women and their families seeking to overturn bans, expand exceptions, or get some compensation from the state for the graphic, distressing, disabling or deadly outcomes that the bans have made them suffer.The US supreme court justices who voted to overturn Roe in Dobbs cited the surge in activist litigation around abortion – a product of conservative investment in anti-choice legal shops – as part of their reason for doing so. Surely this must be a contentious, controversial issue that the federal bench is ill equipped to resolve, the judges from the conservative legal movement reasoned – because look how many complaints the conservative legal movement has filed against it!This rationale was always disingenuous, but it has also been proved flatly wrong: Dobbs has not got the courts out of the abortion business. Instead, lawsuits over abortion have exploded. The anti-choice camp has pounced, seeking to further restrict abortion by banning pills; targeting reproductive rights advocates, abortion funds and sexual health educators; claiming rights for fetuses or embryos; or by asserting that men who father pregnancies have a right to keep women from terminating them.But the pro-abortion rights side has been busy with litigation, too. Women who have been put at great health risk or made to suffer terrible, painful complications as a result of bans brought a class-action lawsuit in Texas. Bans have been challenged over and over again – on religious liberty grounds, on the grounds of state constitutional provisions securing the right to make individual healthcare decisions, under a federal law that guarantees emergency room treatment for patients needing stabilizing care, and under state constitutional clauses guaranteeing liberty, due process and privacy.The Kentucky lawsuit is part of this latter camp. Mary Poe has cited Kentucky’s constitutional guarantees of individual rights to both privacy and self-determination, which she says have been violated by the bans. “I feel overwhelmed and frustrated that I cannot access abortion care here in my own state,” she said in a statement delivered via her lawyers at the American Civil Liberties Union. “I am bringing this case to ensure that other Kentuckians will not have to go through what I am going through, and instead will be able to get the healthcare they need in our community.”This kind of desire for an abortion – the dignified simplicity of it – has been missing from much of the post-Dobbs abortion rights discourse. After the ruling, as trigger bans shot into effect across the country, clinics shuttered their doors, and scared women tried to discern their options, there was no shortage of tragic stories highlighting the brutality, indignity and gendered bigotry of the laws. But as the dust settled and members of the Democratic party, the major reproductive rights advocacy groups and the liberal legal movement surveyed the national scene, a consensus emerged that the face of the mainstream pro-choice movement would be the patient who experienced a medical emergency.Women who had suffered horrific medical complications became lucid, moving and highly sought after tellers of their own stories, explaining how abortion bans has risked their health: Amanda Zurawski, for example, was denied an emergency abortion at 18 weeks, subsequently went into septic shock twice, and one of her fallopian tubes was so scarred that it is now permanently closed, inhibiting her future fertility. Kate Cox was denied an abortion after discovering that her fetus has trisomy 18, a rare genetic condition which is incompatible with life, and which, because of Cox’s own medical history, also endangered her fertility and life.During her presidential run, Kamala Harris ran an ad featuring a woman identified only as Ondrea, who suffered a miscarriage at 16 weeks and was denied the standard care due to her state’s abortion ban. She developed sepsis and almost died. The ad features a shot of Ondrea in a bathroom, staring at her body in a mirror wearing only a sports bra. Her belly bears the scars of the emergency surgery that eventually saved her life – the surgery that she never would have had to have if it weren’t for the ban.It does not diminish these women’s bravery, their suffering, or the wrongness of what was done to them to say that they are only one small fraction of those who need abortions in America. These are married, middle-class women with wanted pregnancies; Zurawski and Cox are both white. Cox has spoken movingly about her hopes to meet her future child, a girl; in the ad that features Ondrea, she and her husband hold a baby blanket. These are women whose suffering at the hands of abortion bans has nothing to do with a refusal or distaste for heterosexual, married, middle-class life. Their suffering can be made visible precisely because they are so acceptable.Not so with Mary Poe. Poe may well be married, middle-class and white; from her statement, in which she talks about the difficulty of finding childcare, we can infer that she, like most abortion patients, is already a mother. But Poe is not suffering a physical emergency; she is not enduring any pain or medical misfortune that she can use to purchase social license. She is not, in other words, a woman whose claim to an abortion is based on a plea for mercy. She is merely a woman who seeks to be in control of her own life, one who believes that things like privacy and self-determination apply to her, too.“I have decided that ending my pregnancy is the best decision for me and my family,” Poe writes in her public statement. “This is a personal decision, a decision I believe should be mine alone, not made by anyone else.”This was not always a radical proposition. But in the post-Dobbs world, it has sadly become one.
Moira Donegan is a Guardian US columnist More
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Trump’s White House is filling with alleged sexual abusers … led by him
Donald Trump was found civilly liable last year for the defamation and sexual abuse of the writer E Jean Carroll – just one of the more than 27 women who have accused him of sexual misconduct. In January 2025, he will again be president of the United States – the first to take office with a court-adjudicated history of sex crimes.And it seems he’s eager to pack the White House with people just like him.Four of president-elect Trump’s cabinet-level nominees have faced serious allegations of sexual misconduct, ranging from workplace sexual harassment to assault, and a fifth is embroiled in a sexual abuse-related lawsuit.As Americans brace themselves for Trump 2.0, it’s time to be clear-eyed about the Maga machine: a history of alleged sexual criminality isn’t a bug, it’s a central part of the hardware; an organizing principle that clarifies how Trump and those like him view their power and how they intend to wield it.Trump’s first choice for attorney general, the former representative Matt Gaetz, was concurrently under investigation by the Department of Justice and the House ethics committee for allegedly violating federal sex-trafficking laws and statutory rape. The disgraced representative also reportedly bragged about his sexual conquests and showed nude photos of women to his fellow lawmakers. On Thursday afternoon, Gaetz announced he would be withdrawing his name from consideration to avoid being a “distraction to the critical work of the Trump/Vance Transition”, just hours before CNN published a report about a second alleged sexual encounter between Gaetz and a 17-year-old. (The age of consent in Florida is 18.)Gaetz’s withdrawal provided a brief moment of relief. But, still, Trump’s would-be cabinet is filled with alleged criminals, all of whom the president-elect has vociferously defended, and all of whom deny wrongdoing.Elon Musk, whom Trump has tapped for the made-up position of “efficiency czar”, reportedly exposed his penis to a SpaceX flight attendant in 2016 and offered to buy her a horse in exchange for sex. Musk’s company SpaceX paid her $250,000 in 2018 to settle the sexual misconduct claim. He was also sued this year by eight former SpaceX employees, who alleged that the CEO treated “women as sexual objects to be evaluated on their bra size, bombarding the workplace with lewd sexual banter”.Then there’s the nominee for secretary of defense, the Fox News host Pete Hegseth, who was accused of sexually assaulting a staff member of the California Federation of Republican Women in 2017.In the police report that was filed at the time, and which was obtained by the New York Times, the unnamed woman told law enforcement that Hegseth had taken her phone and blocked her exit from his hotel room before assaulting her. Though Hegseth was never charged with a crime, he did enter into a nondisclosure agreement with the woman, which included a financial settlement.Robert F Kennedy Jr was accused of sexually assaulting Eliza Cooney, a former family babysitter, in the late 90s. Trump now wants him to run the Department of Health and Human Services.Finally, Trump’s pick for secretary of education, Linda McMahon, was recently named in a lawsuit alleging that she and her husband, Vince McMahon, failed to stop an employee from sexually abusing children in the 1980s and 90s, when the McMahons were running World Wrestling Entertainment. (An attorney for McMahon told CNN that the lawsuit is “filled with scurrilous lies.”)These picks feel comically brazen, like shots fired directly at the #MeToo movement, which erupted in the wake of Trump’s election in 2016. It’s not a stretch to imagine that Trump, a man who has threatened to sue every one of his accusers and has openly bragged about grabbing women “by the pussy” without their consent, is attempting to exact revenge on a movement designed to use the collective to force consequences for a handful of powerful predators.#MeToo was just one piece of a slate of shifting gender norms over the last decade. Now, we’re living in the middle of a backlash.Roe v Wade has fallen, a known sexual abuser is re-entering the Oval Office, and the very online far right has found a new slogan: “Your body, my choice.”In Susan Faludi’s 1991 book Backlash: The Undeclared War Against American Women,she writes that these moments of backlash are not random. They are “preemptive strikes”, which “have always been triggered by the perception – accurate or not – that women are making great strides”.The perception that women were gaining status at the expense of men’s, combined with the real ways in which many men in this country are struggling economically, socially and mentally, has seemingly helped fuel the Trump campaign.Trump sneered at “childless cat ladies”, courted Joe Rogan listeners and crypto-bros, and trotted out Hulk Hogan to perform hyper-macho drag at the Republican national convention. The campaign deployed far-right influencers to wax poetic on X – which Musk owns – about the dangers of “toxic femininity” and mock the peeing habits of men who supported Kamala Harris.On election day, Trump senior adviser and noted white nationalist Stephen Miller tweeted a very particular plea: “Get every man you know to the polls.” After Trump’s win, the far right were out in full force celebrating what they clearly perceived not just as a win for their preferred political leader, but for their gender as a whole; they flooded X and TikTok with the phrases “your body, my choice” and “get back in the kitchen” and crafted supercuts of liberal women crying.Perhaps what Trump is counting on is that people who oppose the draconian agenda of his administration will be so exhausted by the piling horrors that they’ll get overwhelmed and give up – that all of the allegations will blend together and the backlash will become the norm. And yet, we know where a backlash brews, so does a resistance to it. More
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Wyoming’s Abortion Bans Are Unconstitutional, Judge Rules
The ruling found that two state laws — one barring use of abortion pills, and one banning all forms of abortion — violated the state Constitution’s “fundamental right to make health care decisions.” A Wyoming judge ruled on Monday that two state abortion bans — including the first state law specifically banning the use of pills for abortion — violated the Wyoming Constitution and could not be enforced.Judge Melissa Owens of Teton County District Court wrote in her ruling that both the ban on medication abortion and a broader ban against all methods of abortion “impede the fundamental right to make health care decisions for an entire class of people, pregnant women.” She added, “The abortion statutes suspend a woman’s right to make her own health care decisions during the entire term of a pregnancy and are not reasonable or necessary to protect the health and general welfare of the people.”Enforcement of the two abortion bans, passed last year, had been temporarily halted by Judge Owens while the court case proceeded. Her decision on Monday blocks the laws permanently, although the state is expected to appeal. Efforts to reach the state attorney general’s office and the governor’s office were unsuccessful on Monday night.The suit to block the bans was filed by a group of plaintiffs that included two abortion providers in Wyoming; an obstetrician-gynecologist who often treats high-risk pregnancies; an emergency-room nurse; a fund that gives financing to abortion patients; and a woman who said her Jewish faith required access to abortion if a pregnant woman’s physical or mental health or life was in danger.An amendment to the Wyoming Constitution, approved by an overwhelming majority of the state’s voters in 2012, guarantees adults the right to make their own health care decisions.In court last year, the state, represented by Jay Jerde, a special assistant attorney general for Wyoming, argued that even though doctors and other health providers must be involved in abortions, there were many instances in which abortion was not “health care” because “it’s not restoring the woman’s body from pain, physical disease or sickness.”Mr. Jerde also argued that the constitutional amendment allowing people to make decisions about their own health care did not apply to abortion because terminating a pregnancy affected not just the woman making the decision, but the fetus as well.Judge Owens rejected both of those arguments. She wrote: “The uncontested facts establish that the abortion statutes fail to accomplish any of the asserted interests by the state. The state did not present any evidence refuting or challenging the extensive medical testimony presented by the plaintiffs.”Dr. Giovannina Anthony, an obstetrician-gynecologist and abortion provider who was one of the plaintiffs in the case, said on Monday night that she was “grateful and relieved that the judge agreed that abortion is health care and that abortion bans violate the rights of pregnant women.”Dr. Anthony said she expected the state to appeal. “This is not the end of the fight in Wyoming, but for now we can continue to provide evidence-based care without fear of a prison sentence.” More
- in US Politics
We’ll need to fight to protect US reproductive rights. Here’s what to expect | Sophie Brickman
At around 10pm ET on election night, with prediction needles listing rightwards, and various friends’ group chats starting to become inundated by the river-of-tears-down-my-face emoji – even that early, we were collectively way beyond a single tear – I left Steve Kornacki frantically bobbing and weaving around a map of Georgia, and went to bed. Somehow, I slept through until the morning, when I awoke in “Trump’s America”, as news organizations were calling it, and to a torrent of emails and notes from friends bemoaning, among other things, the very real possibility of a federal abortion ban.“Are we still gonna have birth control?” one friend texted, in disbelief.“Sorry for the US you’re waking up to,” another wrote from Oxford. “Confounding,” his wife echoed, from across the pond.And so, to get a clear-eyed, postmortem picture of what might be facing women and their loved ones in America, two days after the election I called up Nancy Northup, the president and CEO of the Center for Reproductive Rights, an advocacy group with a stated mission of “using the power of law to advance reproductive rights as fundamental human rights around the world”.In practice, that means unleashing an army of seasoned litigators to fight for abortion access, among other things, in courtrooms across the country and around the world – they currently work in five continents. She began as CEO in 2003, 30 years after Roe v Wade constitutionally protected abortion rights. Twenty years later, after fighting the good fight for decades, she and her litigators are revving up for what might be the fight of their careers.“We were always accused before Roe v Wade was overturned [of] crying wolf,” Northup told me on the phone from her office in Manhattan. “People don’t need to worry about whether or not we’re crying wolf now.”There are the women who have died when denied abortions by healthcare providers who are unsure of the legal ramifications of performing abortions unless the mother’s life is at risk. There are those who have spent days in the ICU after being denied care, and emerge with their future fertility forever compromised. There are the obstetricians fleeing states with strict abortion bans (over 20% of practitioners in Idaho, and over half of high-risk obstetricians), feeling that they are unable to safely, and properly, do the job they trained years to do. There are the downstream consequences of bans in restrictive states affecting states with robust abortion protections, simply because those who can travel to receive care end up taking appointments away from local residents.The question that kept circulating among my friends in the hours after the election results became clear was: How come seven out of 10 measures to protect reproductive rights passed at the state level, and Trump still won?Northup chalks the dissonance up to two things.“There’s a difference between what policy do I want, and what candidate do I like,” she said. “Of course they should be linked, but we can see that they aren’t.”On top of that, Northup fears there are too many mental leaps to make.“Most people think, You know what, if the right to abortion is protected in my state, I’m good. They don’t realize a federal abortion ban could override their state’s rights.”While she wrote in a statement after the results came in that Trump’s first term “lead to the deaths of numerous women who are likely the tip of the iceberg”, she said it was too early to paint a picture of just how large that iceberg might loom in his second. Still, she underscored that even if a bill isn’t signed into law – something she pointed out Trump has said he wouldn’t do, though “consistency isn’t the hallmark of the president-elect” – there are ways to threaten abortion access at a national level.Northup and other colleagues at the Center held an open video meeting a few hours before we spoke, the tone of which was sober, with lots of “no way to sugarcoat what we’re facing right nows”s, and “serious situation”s and “tough road ahead”s.Among her top concerns are, first, the fear that new laws will threaten patients’ access to medication abortion – something she calls “a lifeline”, as two-thirds of patients in the US use it – either by the FDA restricting mifepristone, or states using a 1873 chastity law known as the Comstock Act, which bans “any drug, medicine, article, or thing designed, adapted, or intended for producing abortion” from being transported by a mail carrier; and, second, the targeting of populations in states with bans. She recently found herself on the phone with a woman whose family was leaving Texas to get an abortion in New York, and wasn’t sure if her husband should come with her or not.“That’s a culture, or a climate, of fear of prosecution, and intimidation, and silencing,” she said. “It has a chilling effect.”And it’s a chilling effect that the minority of American voters want to cast over the country. One exit poll noted that while voters in 10 “key states” believe by a wide margin that abortion should be legal, only 14% considered it their most important voting issue.I reached out to a friend who works in the reproductive rights space for help parsing through this disconnect.“The lack of urgency that voters placed on this issue may reflect an erroneous belief that state protections can save them; misplaced faith in Trump’s softened messaging on abortion; or simply a reality that many are struggling to make ends meet and feel abortion is an issue they can’t afford to think about today,” she wrote. “Who knows.”Whatever the reason, it means the litigators at CRR have their work cut out for them, as they fight for what the majority of Americans want.Right now, Northup is revving up for a case that will start on Tuesday in Idaho, arguing that the state, by refusing to give stabilizing care to pregnant women in emergencies, is violating the Emergency Medical Treatment and Active Labor Act (Emtala), a federal law that ensures access to emergency care. And she is gaining strength from success stories, like Missouri, which overturned its near-total abortion ban on Tuesday, despite electing Trump, something she called “stunning”. (She remembers having a conversation with a senator in Missouri years ago, and bringing up the question of just how to talk about abortion rights in the state. The senator’s advice: “Don’t.”)How does she feel?“Armored up and ready to go.”For those of us who might not feel that way, there are other ways to help. On the video call, one colleague offered three action items: First, take care of yourselves and your communities. Second: sign up for alerts from the Center. Finally, find and donate to a local abortion access fund.Godspeed.
Sophie Brickman is a contributor to the New Yorker, the New York Times and other publications, and the author of Baby, Unplugged: One Mother’s Search for Balance, Reason, and Sanity in the Digital Age and the novel Plays Well With Others More
