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      Democrats rush to find strategy to counter Texas abortion law

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      US CongressDemocrats rush to find strategy to counter Texas abortion lawBiden administration’s options are limited and filibuster poses roadblock to federal legislation Hugo LowellFri 3 Sep 2021 02.00 EDTLast modified on Fri 3 Sep 2021 02.02 EDTJoe Biden and top Democrats are scrambling for a strategy to counter Republican restrictions on women’s reproductive rights amid the fallout from a Texas statute that has banned abortions in the state from as early as six weeks into pregnancy – but the options available to the administration are thin.The conservative-dominated supreme court in a night-time ruling refused an emergency request to block the Texas law from taking effect, in a decision that amounted to a crushing defeat for reproductive rights and threatened major ramifications in other states nationwide.Even as the US president on Thursday accused the court of carrying out an assault on vital constitutional rights and ordered the federal government to ensure women in Texas retained access to abortions, the future of reproductive rights remains in the balance.The challenges facing Biden and Democrats reflect the deep polarization of Congress, and the difficulty in trying to force bipartisan consensus on perhaps the most controversial of issues in American politics.Now, top Democrats in Congress have developed a multi-part strategy to roll back restrictions pushed by Republican-led states that rests on attempting to codify abortion rights protections into federal law – and potentially to reform the supreme court.The House speaker, Nancy Pelosi, announced on Thursday that Democrats would vote within weeks to pass the Women’s Health Protection Act, a bill that would ensure the right to access an abortion and for medical providers to perform abortions.“Upon our return, the House will bring up congresswoman Judy Chu’s Women’s Health Protection Act to enshrine into law reproductive healthcare for all women across America,” Pelosi said in a statement that also admonished the court’s decision.Separately, liberal Democrats led by progressives including the New York congresswoman Alexandria Ocasio-Cortez are urging Biden to strike down other restrictions on access to abortions and the Hyde amendment, a measure that prohibits federal funding for most abortions.Seizing on the Texas decision, liberal Democrats have also called anew for an expansion of the supreme court from nine to 13 seats, which would enable Biden to appoint four liberal-leaning justices to shift the politics on the bench.The legislative response is aimed at reversing more than 500 restrictions introduced by Republican state legislatures in recent months and “trigger laws” that would automatically outlaw abortions if the supreme court overturned its ruling in the landmark Roe v Wade case that was supposed to cement abortion rights in the US.How does someone in Texas get an abortion now and what’s next?Read moreBut while such protections are almost certain to be straightforwardly approved by the Democratic-controlled House, all of the proposals face a steep uphill climb in the face of sustained Republican opposition and a filibuster in the 50-50 Senate.The Senate filibuster rule – a procedural tactic that requires a supermajority to pass most bills – was in part why the Senate Republican leader, Mitch McConnell, focused on stacking the supreme court with conservative justices rather than pursue legislation to enact abortion restrictions at a federal level.Forty-eight Democrats currently sponsor the Women’s Health Protection Act in the Senate. Two Republicans – Senators Susan Collins and Lisa Murkowski – have previously indicated support for abortion rights, but the numbers fall far short of the 60-vote threshold required to avoid a filibuster.Against that backdrop, a majority of Senate Democrats have called for eliminating the filibuster entirely. But reforming the filibuster requires the support of all Democrats in the Senate, and conservative Democratic senators including West Virginia’s Joe Manchin and Arizona’s Kyrsten Sinema are outspoken supporters of the rule.The broad concern demonstrates how urgent the issue has become for Democrats, and with the Texas law in effect after the failure of the emergency stay, many reproductive rights advocates worry that Democrats will be unable to meet the moment with meaningful action.TopicsUS CongressUS SenateUS politicsAbortionTexasWomenanalysisReuse this content More

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      Abortion Arrives at the Center of the American Political Maelstrom

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      The Supreme Court’s decision not to block a Texas law banning most abortions left Republicans eager to replicate it. Democrats reeled, but sensed a winning issue in coming elections.WASHINGTON — The Supreme Court’s decision not to block a Texas law sharply curtailing abortions abruptly vaulted the issue to the forefront of American politics on Thursday, reshaping the dynamics of elections in California this month, in Virginia in November and in midterms next year that will determine control of Congress and statehouses.Republicans hailed the court’s 5-to-4 decision, explained in a one-paragraph middle-of-the-night ruling, as a tremendous victory, allowing a nearly complete ban on abortions to stand in the nation’s second-largest state.For Democrats, it was a nightmare come true: A conservative Supreme Court, led by three appointees of former President Donald J. Trump, had allowed a highly gerrymandered, Republican-controlled state legislature to circumvent Roe v. Wade, the half-century-old decision that enshrined abortion as a constitutional right.Suddenly, supporters of abortion rights found themselves grappling not only with the political and policy failures that had led to this point, but also with the prospect that other Republican-controlled legislatures could quickly enact copycat legislation. On Thursday, G.O.P. lawmakers in Arkansas, Florida and South Dakota promised to do so in their next legislative sessions.Yet Democrats also embraced the opportunity to force an issue they believe is a political winner for them to the center of the national debate. After years of playing defense, Democrats say the Texas law will test whether the reality of a practical ban on abortions can motivate voters to support them.Senator Catherine Cortez Masto of Nevada, a Democrat up for re-election in 2022, said people in her state had fought to protect women’s reproductive freedom and would vote accordingly. “If a Republican is going to go to Washington to roll those freedoms back, I will make it an issue,” she said in an interview. “I don’t think you should underestimate the impact that this issue has to Nevadans.”Republicans held up the Texas law as an example for the country to follow. “This law will save the lives of thousands of unborn babies in Texas and become a national model,” said Lt. Gov. Dan Patrick of Texas. “I pray that every other state will follow our lead in defense of life.”Gov. Kristi Noem of South Dakota, who is considered a potential Republican candidate for president in 2024, said she had directed her office to “make sure we have the strongest pro-life laws on the books.”Senate Democrats’ campaign arm has signaled that it will use abortion rights as a cudgel against Republicans running in key states like Nevada, where Senator Catherine Cortez Masto faces re-election in 2022.Sarahbeth Maney/The New York TimesThe court’s decision, which did not address the substance of the Texas law, creates new urgency for President Biden and congressional Democrats to do more than issue public statements vowing to defend women’s reproductive rights.“The temperature just got a lot hotter on this issue, and I certainly now expect Congress to join in these fights,” said Gov. Michelle Lujan Grisham of New Mexico, the chairwoman of the Democratic Governors Association. “Our voters expect us all to do more.”Yet Senate Democrats do not have the votes to eliminate the filibuster, which would be necessary to change federal abortion law in the evenly divided chamber.In Washington on Thursday, Democratic leaders dutifully scrambled to show their determination to push back against the possibility that the Texas law could be replicated elsewhere — or to respond if the Supreme Court rolls back abortion rights when it rules on a Mississippi law that seeks to ban most abortions after 15 weeks of pregnancy, two months earlier than Roe and subsequent decisions allow.Speaker Nancy Pelosi promised to bring a vote on the Women’s Health Protection Act, which would effectively codify abortion rights into federal law.And Mr. Biden pledged “a whole-of-government effort” in response to the Texas law, directing the Department of Health and Human Services and the Justice Department to identify possible federal measures to help ensure that women in the state have access to safe and legal abortions.“The highest court of our land will allow millions of women in Texas in need of critical reproductive care to suffer while courts sift through procedural complexities,” Mr. Biden said. “The impact of last night’s decision will be immediate and requires an immediate response.”Vice President Kamala Harris added, “We will not stand by and allow our nation to go back to the days of back-alley abortions.”The first election that could test Democrats’ capacity to energize voters over abortion rights comes on Sept. 14 in California, where voters will determine the fate of Gov. Gavin Newsom, who faces a recall effort. Mr. Newsom warned on Twitter that the Texas abortion ban “could be the future of CA” if the recall were successful.In Virginia, Democratic candidates for the state’s three statewide offices and House of Delegates pounced on the issue on Thursday. Former Gov. Terry McAuliffe, who is running to recapture the office in November, said the fight for abortion rights would help motivate Democratic voters who might be complacent after the party captured full control of state government in 2019 and helped Mr. Biden win the state last year.“We are a Democratic state. There are more Democrats,” Mr. McAuliffe said. “But this is an off-off-year, and getting Democrats motivated to come out, that’s always the big challenge.”Eyeing 2022, the Democrats’ Senate campaign arm has signaled it will use abortion rights as a cudgel against Republicans running in states like Florida, New Hampshire, Nevada and North Carolina. Democrats planning campaigns for governor next year are preparing to brand themselves as the last line of defense on abortion rights, particularly in states with Republican-controlled legislatures.“People are now waking up to the fact that the battle will now be in the states, and they recognize that the only thing, literally the only thing standing in the way of Pennsylvania passing the same ban that Texas just passed, is the veto pen of our Democratic governor,” said Josh Shapiro, the Pennsylvania attorney general, a Democrat who has said he expects to enter the race to succeed Gov. Tom Wolf. “I’ve given up on the politicians in Washington. I don’t think we can count on them anymore.”Former Gov. Terry McAuliffe of Virginia, who is running for his old post this year, believes abortion access will be a motivating factor for voters.Pete Marovich for The New York TimesThough Republicans have long made overturning Roe a central political goal — as a candidate in 2016, Mr. Trump predicted that his eventual Supreme Court appointees would do so — there was still a palpable sense of shock among Democrats. Despite the court’s 6-to-3 conservative majority, many Democrats seemed mentally unprepared for Wednesday’s ruling.“You can’t plan for a blatantly false or unconstitutional court ruling like this,” said Representative Conor Lamb of Pennsylvania, a Democrat who is running for his state’s open Senate seat next year.Understand the Texas Abortion LawCard 1 of 4The most restrictive in the country. More

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      The Guardian view on the Texas abortion ban: this is not the end | Editorial

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      OpinionAbortionThe Guardian view on the Texas abortion ban: this is not the endEditorialThe supreme court’s refusal to block the law marks a grave blow to the freedom and safety of women Thu 2 Sep 2021 13.45 EDTLast modified on Thu 2 Sep 2021 14.31 EDTThe cruel, vindictive and dangerous law that has taken effect in Texas is much more than the most extreme anti-abortion legislation in the United States. To many, it understandably feels like the beginning of the end – denying women the rights enjoyed under the landmark Roe v Wade ruling, which established that abortion is legal before the foetus is viable outside the womb, at around 24 weeks. It will further embolden the religious right. Though polling suggests the majority of Americans believe that terminations should be legal in most or all cases, this is already the worst ever legislative year for restrictions.But it is better understood as the end of the beginning. The right to abortion has, in practice, been systematically dismantled through methods ranging from intimidation to cynical regulation. This moment is the culmination of the first stage in a decades-long war on the rights of women, made possible by Donald Trump’s appointment of judges known to support restricting reproductive rights. A divided supreme court refused to block the legislation while the legal battle over it plays out.This is a near-total abortion ban, with an exemption only for medical emergencies. The six-week limit in practice applies not from fertilisation, but from six weeks after a woman’s last period, used by doctors to date pregnancies – when most women will not even know they are pregnant. Up to 90% of the state’s procedures happened after that time. International evidence, and America’s own past, testifies that it will not stop abortions. It will push them underground, endangering women’s health and lives. It is an attack on the rights of all women, but above all will punish those who are poor and black, who already struggled to access services and will not be able to travel outside the state easily. It will hurt women who want to control their own bodies, including survivors of incest, rape and abuse. Many states have enacted similar laws, which have been blocked. But this one is especially egregious. It has used the architecture of the state to promote the rule of the mob. It prohibits officials from enforcing it, instead deputising ordinary citizens to sue anyone for suspected violations. While designed this way to make legal challenges harder, it is part of the broader turn of Trump Republicans towards vigilantism and away from democratic institutions. By promising a $10,000 bounty to anyone who sues successfully, it encourages the greedy as well as vindictive ex-partners and zealots to act. Not only abortion providers, but anyone who “aids and abets” an abortion is liable; it appears that even someone who drives a woman to a clinic could be targeted. There is no redress against malicious suits, even in cases where the plaintiff has a past history of similar claims. The result is that doctors and providers who comply with the law can still be put out of business by vexatious claims.Justice Sonia Sotomayor’s blistering dissent attacked the supreme court’s inaction in the face of “a breathtaking act of defiance – of the constitution, of this court’s precedents and of rights of women seeking abortions throughout Texas”. But she is in the minority as the court prepares to rule on a separate case – Mississippi’s ban on most abortions after 15 weeks – which anti-abortion activists see as a chance to overturn Roe v Wade. If that happens, bans will automatically come into force under trigger statutes enacted by multiple states. Others would be able to enforce pre-Roe v Wade bans that remain on their books.This law, like the wider anti-abortion drive, hurts women’s freedom, their health and even their lives. It has been achieved through the relentless efforts of activists who are not merely egging on but also funding others around the world. Meeting and defeating these challenges will require an equally committed, comprehensive and ambitious campaign. The opponents of women’s freedom will not stop. Defenders cannot either. This law will galvanise them.TopicsAbortionOpinionWomenUS supreme courtHealthRepublicansUS politicsLaw (US)editorialsReuse this content More

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      Most extreme abortion law in US takes effect in Texas – video

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      The US state of Texas has enacted the strictest anti-abortion law in the country, banning all abortions after about six weeks of pregnancy – before most women know they are pregnant. The law gives private citizens the power to sue abortion providers and anyone who ‘aids or abets’ an abortion after six weeks. Citizens who win such lawsuits would be entitled to at least $10,000. There is concern this will spur abortion ‘bounty hunters’

      Biden condemns Texas abortion law that ‘blatantly violates’ constitution – live
      Democrats condemn supreme court for failing to block Texas abortion law
      Most extreme abortion law in US takes effect in Texas More

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      White House calls Texas abortion law an 'extreme threat’ – video

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      ‘This is not the first threat to Roe we’ve seen in a state across the country. It’s an extreme threat,’ the White House press secretary, Jen Psaki, said after one of the most restrictive state abortion laws went into effect in Texas. Psaki said the Biden administration would fight to protect the constitutional right to abortion as laid out in the landmark Roe v Wade case

      Biden condemns Texas abortion law that ‘blatantly violates’ constitution – live
      Democrats condemn supreme court for failing to block Texas abortion law
      Most extreme abortion law in US takes effect in Texas More