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    The abortion ruling hides conservative justices’ partisan agenda | Moira Donegan

    The supreme court is a messy institution. It’s six conservative justices are mired in infighting over both the pace of their shared ideological project of remaking American law and life according to rightwing preferences, and over their preferred methodological course for doing so. Their squabbling is not helped by the fact that two of them, Clarence Thomas and Samuel Alito, keep embarrassing the court with gauche public scandals, which draw attention to the court’s legitimacy crises like a vulgar flag waving above One First Street. For their part, the liberals are exhausted, impotent, and at times apparently publicly despairing. Their dissents have sometimes taken on tones of exasperation and peeved sarcasm, as if they’re turning to the country and asking: “Can you believe this?” Their most senior member, Sonia Sotomayor, recently told an interviewer that over the past several terms, since the court’s conservative supermajority was sealed under the Trump administration, she has sometimes gone into her chambers after the announcement of major decisions and wept. She says she anticipates having to do so again: in one recent dissent, she warned ominously about the future of gay marriage rights.The court’s partisans like to point out that it controls neither the military nor the federal budget; the court’s legitimacy, they say, comes merely from the fact that people believe it to be legitimate. But increasingly, many of them don’t. The court’s approval rating remains at record lows, and the justices’ conduct over the past several years has punctured the mystique of scholarly seriousness that the institution once pretended to. They don’t seem like wise legal scholars, carefully and dispassionately deliberating the merits of competing interests and claims. Instead, they seem more like a bunch of bumbling partisan hacks – perhaps just more cynical and less clever than the average Republican operatives stuffed into suits throughout DC.The court did not appear particularly competent, for instance, when on Wednesday, a draft opinion in Moyle v United States, was briefly uploaded to the court’s web page. The case concerns Idaho, which has one of the most extreme and sadistic anti-choice legal regimes in the nation, and asks whether states’ attempts to ban abortions even in cases of medical emergencies can be preempted by Emtala, a federal law regulating emergency rooms. After it was uploaded, the opinion was quickly taken down; in a statement, a supreme court spokesperson said that the opinion had been uploaded briefly by mistake. By then, Bloomberg news had already obtained the full text of the draft, and it was published soon thereafter.This makes the third time in recent memory that an opinion in a high-profile supreme court case was leaked before its official release. The first was when Justice Alito reportedly told a conservative movement activist friend of his upcoming decision in 2014’s Burwell v Hobby Lobby, a case that struck down the Affordable Care Act’s contraception coverage mandate for religious employers; the second was when the draft of Alito’s majority opinion in Dobbs was leaked to Politico almost two full months before it was ultimately issued by the court. All three of these leaks have been in cases pertaining to women’s reproductive rights.But if the court is bumbling in their functioning, embarrassing in their public personas, and obviously fractious in their internal relations, then the leaked order in Moyle also shows that the conservative majority can be quite calculating in their political strategy. In the draft decision, issued per curium (that is, unsigned), the court dismisses the case as improvidently granted, and sends it back down to the lower courts. They include the restoration of a lower court order that had allowed emergency abortions to continue in Idaho hospitals while the case proceeds. For now, that means that women experiencing failing pregnancies in Idaho will still be able to get the care they need to preserve their health, their fertility and their lives; hopefully, emergency room doctors there will feel safe enough to actually perform the procedures, and patients will no longer have to be air lifted out of state to receive the routine care that will stabilize them. That’s what’s most important for the American public: that for the time being, lives will not be needlessly lost in service to the anti-choice agenda.But to the court’s conservative majority, what seems to be most important is pushing the abortion issue – and an inevitable ruling that eventually will allow states to ban emergency abortions – past the November election. The decision in Moyle was transparently a compromise between the court’s three liberals, who wanted to preserve women’s lives, and the three more pragmatic conservatives – John Roberts, Brett Kavanaugh and Amy Coney Barrett – who wanted to preserve Donald Trump’s electoral chances. These conservatives know that a ruling saying that states can allow women to bleed out, suffer septic infections, have seizures from eclampsia, lose the function of their uterus, and ultimately die – out of deference to preserving what by then are already doomed, futile pregnancies – would hurt Republican candidates in this November’s elections. That doesn’t mean they don’t want to issue such a murderous ruling; it means that they want to do so at a more politically convenient moment.So three of the court’s conservatives are acting like Republican political strategists, working to conceal their own legal agenda in order to minimize harm to their preferred party in an election year. That would be bad enough. But not all of the court’s conservatives can exercise even this degree of cynical, self-interested restraint. Although the order was issued per curium, Alito dissented, arguing that the state ban on emergency abortions should be enforceable under federal law; he was joined by Thomas and Neil Gorsuch. Some of his reasoning was echoed by Barrett, whose concurrence, studded with handwringing concerns as to whether Emtala sufficiently protected the conscience rights of anti-abortion doctors and whether it could preempt a state criminal law, read like a road map for anti-choice lawyers seeking to re-argue the issue at a later, more politically amenable time. (Another sign of the court’s dysfunction – how often opinions are now accompanied by a flurry of dissents and concurrences, with each of the justices seemingly very eager to publicly distinguish their own thinking from that of their colleagues.)Together, their writings made it clear that though the court’s conservatives are split – sometimes fiercely and peevishly so – over how fast to proceed, they agree over their ultimate goal: one day, probably sooner than we think, this case will come back, and the supreme court will allow states to ban emergency abortions. What follows will be blood on their hands. More

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    Supreme Court Allows, for Now, Emergency Abortions in Idaho

    A majority of the justices dismissed the case, reinstating a lower-court ruling that paused the state’s near-total abortion ban.The Supreme Court said on Thursday that it would dismiss a case about emergency abortions in Idaho, temporarily clearing the way for women in the state to receive an abortion when their health is at risk.The brief, unsigned opinion declared that the case had been “improvidently granted.” The decision reinstates a lower-court ruling that had halted Idaho’s near-total ban on abortion and permitted emergency abortions at hospitals if needed to protect the health of the mother while the case makes its way through the courts.The decision, which did not rule on the substance of the case, appeared to closely mirror a version that appeared briefly on the court’s website a day earlier and was reported by Bloomberg. A court spokeswoman acknowledged on Wednesday that the publications unit had “inadvertently and briefly uploaded a document” and said a ruling in the case would appear in due time.The joined cases, Moyle v. United States and Idaho v. United States, focus on whether a federal law aimed at ensuring emergency care for any patient supersedes Idaho’s abortion ban, one of the nation’s strictest. The state outlaws the procedure, with few exceptions unless a woman’s life is in danger.The decision was essentially 6 to 3, with three conservative justices siding with the liberal wing in saying they would drop the case.It was the first time that the court was confronted with the question of statewide restrictions on abortion, many of which swiftly took effect after the court eliminated a constitutional right to the procedure two years ago.Tracking Abortion Bans Across the CountryThe New York Times is tracking the status of abortion laws in each state following the Supreme Court’s 2022 decision to overturn Roe v. Wade.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

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    How Trump and Biden Might Attack Each Other at the CNN Debate

    Immigration, the economy, democracy and abortion rights: Here are the main ways each candidate is likely to slam the other at Thursday’s high-stakes confrontation.President Biden and former President Donald J. Trump have sparred for months on the campaign trail, in interviews with reporters and through paid advertisements, creating phantom likenesses of each other to thrash and tear down.On Thursday, they will confront each other at a CNN debate in Atlanta, their first face-to-face meeting since their last onstage clash in 2020 and since Mr. Trump tried to overturn Mr. Biden’s subsequent victory at the polls. The event will give both of them a rich opportunity to deploy their attack lines and policy arguments before a national audience.Here’s what we know about how each man will try to gain the upper hand.Trump’s main lines of attackSince he emerged as the presumptive Republican nominee, Mr. Trump and his campaign have focused on attacking Mr. Biden over immigration and the economy, which polls have found to be the top concerns for many voters.ImmigrationAs he did during his political rise in 2016, Mr. Trump has made immigration a central focus of his campaign. He is all but guaranteed to blame Mr. Biden for a surge in illegal border crossings, calling the president’s policies overly permissive.Mr. Trump claims that Mr. Biden’s approach to immigration has fueled violent crime — even though broader statistics do not bear that out — by citing several high-profile criminal cases that the authorities say involved immigrants in the United States illegally.And as he stokes fear around immigration and tries to push the issue to the center of the election, Mr. Trump has falsely cast all those crossing the border as violent criminals or mentally ill. (Families with children make up about 40 percent of all migrants who have entered the United States this year.)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

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    ‘A healthcare crisis’: Harris takes aim at Trump on anniversary of Roe’s fall

    Joe Biden and Kamala Harris marked the second anniversary of the US supreme court ruling that overturned Roe v Wade with forceful campaign statements that laid the blame squarely on Donald Trump for ending the national right to abortion.In a video released on Monday, Biden pledged to restore the right to an abortion and “protect American freedom” if he is re-elected.The video, along with a campaign event headlined by the vice-president, came two years to the day since the court’s decision in Dobbs v Jackson Women’s Health Organization reversed nearly half a century of guaranteed federal abortion rights, and reflect the centrality of abortion in Biden’s presidential campaign.In College Park, Maryland, Harris took the stage to chants of “four more years”. In her remarks, Harris laid out what she said were the stakes for abortion access if Trump is re-elected.“Understand as much harm as he has already caused, a second Trump term would be even worse,” she said. “His friends in the United States Congress are trying to pass a national ban that would outlaw abortion in every single state – in states like New York and California, and even right here in Maryland.”Nodding to her background as a prosecutor, Harris called Trump’s attack on women’s reproductive rights “premeditated” and said he has “not denied, much less shown remorse, for his actions”.“In the case of the stealing of reproductive freedom from the women of America, Donald Trump is guilty,” she said.Harris called Republicans who have passed state-level bans Trump’s “accomplices” and warned that he would go even further by curtailing access to contraception and IVF.Pointing to the statistic that one in three American women live in a state with abortion restrictions, she said: “Today our daughters know fewer rights than their grandmothers. This is a healthcare crisis, and we all know who to blame: Donald Trump.”Kate Cox, the Texas woman who was denied an abortion under the state’s near-total ban last year despite a fatal fetal anomaly, introduced Harris in Maryland.“My state chose to drive me out of my home, my community, away from my children and my doctors, rather than to let me access care,” she said. “I will never again miss an opportunity to vote. I will cast my ballot in every election like my life depends on it.”Cox ultimately left Texas to receive care. Growing emotional from the stage on Monday, she shared that she is pregnant again, expecting a child in January. The crowd erupted in applause. “I hope that by then, when we welcome our baby into the world, we will have a world led by Joe Biden and Kamala Harris,” she said.“You are a hero of this movement,” Harris told Cox.In Biden’s video, the president, too, placed the responsibility for reversing abortion rights on Trump, quoting him boasting about the decision and taking credit for putting three conservative justices on the court.“Here’s what Donald Trump says about your freedom: ‘After 50 years of failure, with nobody coming even close, I was able to kill Roe v Wade,’” Biden says, quoting a Trump statement last year.“Two years ago, the supreme court justices that Trump handpicked helped overturn Roe v Wade,” Biden continues. “Decades of progress shattered just because the last guy got four years in the White House.”“We’re up against extremism. Send me back to the White House and I’ll fight like hell to restore Roe v Wade and protect American freedom.”The offensive comes amid polling evidence that with consistently weak approval ratings for Biden, concerns over reproductive rights represent Democrats’ best hope of retaining the White House in November.Since Roe v Wade was overthrown in 2022, ballot measures in several states – including ones that tend to vote Republican – have upheld or enshrined abortion rights locally, signalling that the issue has popular resonance particularly among female voters.On Friday, a group of Montana abortion rights supporters became the latest to announce that they had secured enough signatures to hold a November ballot measure asking voters to enshrine the right to abortion in the state constitution. Although that measure has not yet been confirmed by state officials, voters in roughly a dozen states are expected to weigh in directly on abortion rights this year, including in battleground states such as Nevada and Arizona.Democrats are hoping that these measures will boost turnout in their favor.Several groups – including the American Civil Liberties Union, the Center for Reproductive Rights and Reproductive Freedom for All – announced on Monday a $100m Abortion Access Now campaign across several states.Since Roe fell, Biden has frequently promised to “codify” Roe’s protections into law. Although his administration has issued executive orders aimed at boosting access to reproductive healthcare, including contraception, as well as defended abortion access in two supreme court cases this year, Biden cannot re-establish a federal right to abortion without congressional support. Congress has repeatedly failed to pass the Women’s Health Protection Act, a bill that blocks states from totally banning abortion before fetal viability, or the point at which a fetus can survive outside the womb.In a call with reporters on Monday, White House officials declined to reveal any plans for future abortion-related executive actions. Jennifer Klein, assistant to the president and director of the Gender Policy Council, also acknowledged that, if the supreme court rules against the Biden administration in a highly anticipated case over emergency abortions, “our options on emergency medical care are likely to be limited”.Trump has sought to backpedal on his stance in recent months, telling congressional Republicans in a meeting on Capitol Hill this month that the matter should be left to the states and warning them against pursuing a national ban. More

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    Kamala Harris says Trump ‘guilty’ of ‘stealing’ abortion rights at rally – as it happened

    Harris emphasized the importance of turning out to vote in November to protect abortion access so that places like Maryland remain havens for reproductive healthcare.Pointing to the statistic that one-in-three American women live in a state with abortion restrictions, she said: “Today our daughters know fewer rights than their grandmothers. This is a healthcare crisis, and we all know who to blame: Donald Trump.”Making her case that Trump was “guilty” of stripping abortion access, which was previewed by the campaign before her appearance, Harris said Trump appointed three supreme court justices with the intention of overturning Roe v Wade.“It was premeditated,” Harris said from a stage, where a sign that said “Trust Women” hung behind her.“Trump has not denied, much less shown remorse, for his actions,” she added.Later this afternoon, Harris will go to battleground state Arizona for a second event marking the Dobbs anniversary.Democrats went on the attack as they marked the second anniversary of the Dobbs decision, in which the supreme court’s conservative justices overturned the constitutional protections on abortion guaranteed by Roe v Wade. At a speech near Washington DC, Kamala Harris said Donald Trump was “guilty” of “stealing” reproductive rights from American women with his appointment of three of the justices who supported doing away with the precedent. Joe Biden, who is days away from his Thursday presidential debate with Trump, called his predecessor the “sole person responsible for this nightmare”. Meanwhile, neither Trump nor any top Republicans in Congress said anything about the anniversary of the court’s decision.Here’s what else happened today:
    Trump plans to rally in Chesapeake, Virginia, the day after his debate with Biden. His campaign believes the state is winnable in November, even though it voted overwhelmingly for Biden in 2020.
    The supreme court will hear a challenge brought by the Biden administration against state-level bans on gender-affirming care for minors …
    … but first it will release decisions on Wednesday, Thursday and Friday, almost certainly on at least some of the high-profile cases the justices have yet to decide.
    The fall of Roe upended life for aspiring doctors who hoped to provide abortions.
    A top White House official signaled that Biden supports an effort by Senate Democrats to repeal the Comstock Act, a 19th-century law that a second Trump administration might use to ban abortion nationwide.
    Meanwhile, in Florida, the judge handling Donald Trump’s stalled prosecution over the classified documents found at his Mar-a-Lago resort is in the midst of a major hearing that could determing the case’s trajectory. Here’s the latest on what the two sides are arguing, from the Guardian’s Hugo Lowell: The federal judge overseeing Donald Trump’s prosecution for retaining classified documents is expected on Monday to consider modifying his conditions of release to include a prohibition on making statements that could endanger the safety of FBI agents involved in the case.The request to the US district judge, Aileen Cannon – the first time prosecutors have sought to limit Trump’ public remarks in this case – raises the stakes for Trump. Unlike in his other cases, where prosecutors sought gag orders, a violation of release conditions carries a risk of jail.The latest dispute over Trump’s inflammatory statements stems from his blatantly false characterization of the FBI’s use-of-deadly force policy when they executed a search warrant at the Mar-a-Lago club in August 2022 and retrieved more than 100 classified documents.The order, which limits FBI agents to use deadly force only if they face extreme danger and became public after the FBI’s operational plan for the search was unsealed, used standard language that is routinely used in hundreds of warrants executed across the country.But Trump and some allies twisted the limiting language to claim the FBI was authorized by the Biden administration to shoot him when they searched Mar-a-Lago, even though Trump was not there during the search and the language is standard US justice department policy.The supreme court has indicated that the justices may release more decisions on Thursday and Friday, as several politically weighty cases await rulings.The justices were already expected to issue decisions on Wednesday, thus bringing to three the number of days this week that we can expect to hear from the court. The conservative-dominated body has a bunch of matters outstanding, which touch on everything from Donald Trump’s legal fate, to the scope of government regulation. Here are a few:
    Trump’s petition for immunity from the federal charges brought against him by special prosecutor Jack Smith for attempting to overturn the 2020 election.
    Where the Biden administration can require federally funded hospitals to perform emergency abortions, even in states like Idaho, which the case centers on, that have strict abortion bans.
    A challenge to a longstanding doctrine underpinning many federal regulatory decisions.
    Whether municipalities can make it illegal for people to sleep outside, even when there is insufficient shelter space, in a case that could upend homeless policies nationwide.
    Decisions on some, all, or theoretically none of these cases could come before the end of the week.Donald Trump and Joe Biden will hold the first of two debates they have scheduled on Thursday.The day after, the former president is scheduled to hold a rally in Chesapeake, Virginia, a state that Biden won overwhelmingly in 2020, but which Trump’s campaign argues is within his grasp this year.Trump will “speak with the people of Virginia about how he will reverse the devastating effects of Joe Biden’s failed presidency,” his campaign announced.“President Trump will ease the financial pressures placed on households and re-establish law and order in this country! We can Make America Great Again by tackling lawlessness head-on, ceasing the endless flow of illegal immigrants across our southern border, and reversing the detrimental effects of inflation by restoring people’s wealth.”Polls have lately showed a close, perhaps tied, race between Trump and Biden in Virginia, though there have been none released so far showing the former president with the advantage.Democrats are continuing to press their message against Republicans over their support for the Dobbs decision, which overturned Roe v Wade, and allowed states to ban abortions.“Two years ago, the extreme right-wing Supreme Court majority issued one of the most egregious rulings in our nation’s history,” the Democratic House minority leader Hakeem Jeffries said.Here’s more:
    The Dobbs decision undermined reproductive freedom for women all across America as part of the extreme MAGA Republican plan to criminalize reproductive health care, outlaw contraception and march us toward a nationwide abortion ban. The decision by the out of control Supreme Court majority to take away the long-held right to an abortion represents an assault on freedom, the Constitution and the values shared by a majority of Americans. House Democrats will continue to fight until reproductive freedom is the law of the land and the extreme MAGA Republican effort to impose a nationwide abortion ban is crushed.
    Still not a peep from Donald Trump and most leading Republicans on the second anniversary of Roe v Wade’s overturning, but that’s not stopping the Biden campaign.Their official account has spent the day tweeting out past instances where Trump has taken credit for orchestrating the downfall of the precedent, which prevented the sorts of abortion restrictions now commonplace in Republican-controlled states.From his town hall in Iowa earlier this year:And what appears to be one of the many videos Trump has posted on his Truth Social account:Former Maryland governor Larry Hogan, the GOP nominee for a Senate seat in the state, was one of the few Republicans to mark the second anniversary of the US supreme court ruling that overturned Roe v Wade.Hogan, in a statement shared by the Washington Post, said that if elected, he would work on bipartisan legislation to “codify Roe v. Wade as the law of the land.”He noted that as governor, he “reaffirmed my commitment to uphold Maryland law protecting access to abortion,” adding that he was “proud to make Maryland the first state in America to provide over-the-counter birth control covered by insurance.”Hogan, who last week tried to reject Donald Trump’s endorsement in his Senate race, also promised to protect women’s reproductive rights.“A woman’s health care decisions are her own,” he said.
    Whether it be the decision to start a family with the help of IVF, or exercise her reproductive rights, nothing and no one — especially partisan politics — should come between a woman and her doctor.
    Planned Parenthood will spend $40m ahead of November’s elections to bolster Joe Biden and leading congressional Democrats.The group will initially target eight states: Arizona, Georgia, Pennsylvania, Wisconsin, where Biden is seeking to defend 2020 victories, as well as North Carolina, which the Biden campaign to flip, and Montana, New Hampshire and New York, which have races that could help determine control of the Senate and House, it told Associated Press.Jenny Lawson, executive director of Planned Parenthood Votes, said:
    Abortion will be the message of this election, and it will be how we energize voters. It will be what enables us to win.
    A six-week abortion ban in Texas was linked to a 13% increase in the number of infants who died in their first year of life, a new study published Monday in JAMA Pediatrics suggests.The study, published two years to the day since the supreme court overturned Roe v Wade and permitted more than a dozen states across the country to outlaw almost all abortions, is one of the first glimpses into how strict abortion bans impact babies’ health.The study also estimated that the ban may have led the number of infants in Texas who died within their first month of life to rise more than 10%.Because Texas enacted its six-week abortion ban in September 2021, months before Roe’s demise, scholars have studied what has happened in Texas for clues about how post-Roe abortion bans are now affecting the rest of the nation. Some of the researchers involved in the Monday study have previously concluded that the Texas ban also led to 10,000 additional births.The study found a 23% jump in infant deaths due to congenital anomalies – the kind of conditions that are often identified in utero and lead to abortions in states where the procedure is legal, since they can be incompatible with life. But that choice is no longer available to pregnant Texans.Two hundred and sixteen more infant deaths occurred due to the Texas six-week abortion ban, the researchers estimated.Kamala Harris has warned that abortion bans in states across the country are cutting women off from essential reproductive care and causing a “health care crisis”,In an interview with MSNBC aired today alongside reproductive rights advocate Hadley Duvall, Harris reflected on her experience visiting a reproductive care clinic in Minnesota in March.
    In those clinics that are trusted in the community, there is — you can get a Pap [smear] … breast cancer screening, HIV screening, the things that where people want to be able to walk into a health care facility and be treated with dignity and without judgment so they can address their health care concerns.
    She continued:
    That’s what these clinics do. And in states where they have passed these Trump abortion bans, these clinics are closing, which means that there is a reduction of very essential health care across the board for a lot of people.
    Democrats are on the attack as they mark the second anniversary of the Dobbs decision, in which the supreme court’s conservative justices overturned the constitutional protections on abortion guaranteed by Roe v Wade. At a speech outside Washington DC, Kamala Harris said Donald Trump was “guilty” of “stealing” reproductive rights from American women with his appointment of three of the justices who supported doing away with the precedent. Joe Biden, who is three days away from his Thursday presidential debate with Trump, called his predecessor the “sole person responsible for this nightmare”. Meanwhile, neither Trump nor any top Republicans in Congress have said anything about the anniversary of the court’s decision.Here’s what else has happened today so far:
    The supreme court will hear a challenge brought by the Biden administration against state-level bans on gender-affirming care for minors.
    The fall of Roe upended life for aspiring doctors who hoped to provide abortions.
    A top White House official signaled that Biden supports an effort by Senate Democrats to repeal the Comstock Act, a 19th-century law that a second Trump administration might use to ban abortion nationwide.
    Kate Cox, the Texas mother who was denied an abortion under the state’s near-total ban last year, introduced Kamala Harris at her speech in Maryland.“Every minute that I stayed pregnant, the risk to my health and to a future pregnancy were growing,” Cox said.“My state chose to drive me out of my home, my community, away from my children and my doctors, rather than to let me access care,” she said, adding: “I never imagined having to fight for something so basic as a procedure to save my health.”As a young student and mother “just trying to stay afloat,” Cox said she didn’t always make time to vote.“I will never again miss an opportunity to vote. I will cast my ballot in every election like my life depends on it,” Cox said.Growing emotional, Cox then shared that she is pregnant again, expecting a child in January. The crowd erupted in applause, as many stood to cheer for her.“And I hope that by then, when we welcome our baby into the world, we will have a world led by Joe Biden and Kamala Harris,” she said.She then welcomed Harris on to the stage as a “champion of the cause” for reproductive freedom.“You are a hero of this movement,” Harris told Cox.Harris emphasized the importance of turning out to vote in November to protect abortion access so that places like Maryland remain havens for reproductive healthcare.Pointing to the statistic that one-in-three American women live in a state with abortion restrictions, she said: “Today our daughters know fewer rights than their grandmothers. This is a healthcare crisis, and we all know who to blame: Donald Trump.”Making her case that Trump was “guilty” of stripping abortion access, which was previewed by the campaign before her appearance, Harris said Trump appointed three supreme court justices with the intention of overturning Roe v Wade.“It was premeditated,” Harris said from a stage, where a sign that said “Trust Women” hung behind her.“Trump has not denied, much less shown remorse, for his actions,” she added.Later this afternoon, Harris will go to battleground state Arizona for a second event marking the Dobbs anniversary.Harris took the stage to chants of “four more years.”She then said Trump was “guilty” in “the case of the stealing of reproductive freedom from the women of America”, and went on to lay out what she said are the stakes for abortion access if Trump is re-elected.“Understand as much harm as he has already caused, a second Trump term will be even worse,” she said. “His friends in the United States Congress are trying to pass a national ban that would outlaw abortion in every single state in states like New York and California, and even right here in Maryland.”She called Republicans who have passed state-level bans Trump’s “accomplices”, and said voters shouldn’t be fooled by Trump’s wavering on abortion, but should focus on what he has said. And she warned that he would go even further, curtailing access to contraception and IVF.“If there were a second Trump term, he has admitted that he is ‘looking at restrictions on contraception,’” she said. “And pay close attention to how his friends in the United States Senate obstructed a bill to protect the right to contraception, not once, not twice, but three times.” More

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    Anger, fear and desperation: people reflect on two years since fall of Roe

    After Roe v Wade was overturned in June 2022, Daphne did not want to leave anything to chance.Abortion is currently legal until 18 weeks in Utah, where the 38-year-old lives – but the state has a 2020 trigger law banning almost all abortion care that is currently under appeal.Daphne knew she didn’t want children so she decided to undergo surgical sterilization in October 2022, to have “peace of mind that [she] physically cannot become pregnant”.“My husband could have gotten a vasectomy for less money and an easier recovery time. However, that doesn’t change the outcome if I were to be assaulted. Living in Utah, I could not and would not risk having to seek an abortion, likely having to leave the state to do so, after an already traumatic event,” Daphne said.The procedure, which was not fully covered by her health insurance, left her around $1,000 out of pocket.“I’m lucky I was able to take these measures, and most cannot,” she added.Almost two years after the supreme court decided there is no constitutional right to abortion in the Dobbs v Jackson Women’s Health Organization case, patients have increasingly been forced to travel out of their state in order to access abortion care, while others have carried unwanted pregnancies to term. A study earlier published in January estimated there have been nearly 65,000 pregnancies from rape in states with abortion bans.Interstate travel for abortion care in the US doubled between 2020 and 2023, from one in 10 to almost one in five people leaving their state to access treatment, data from the Guttmacher Institute shows.In states where it is possible, many go to neighboring states. Hanz, a 30-year-old who works as a clinical social worker in an abortion clinic in Illinois, but lives in Missouri, found out they were pregnant in late July 2022, they recalled: “As soon as I saw the two lines on the test, I knew I had more rights standing in Illinois than I would when I got home that night. Abortion rights had already got so much worse in recent years – and then Roe was overturned.” (Missouri passed a trigger law in 2019 that banned abortions except in medical emergencies.)Hanz wanted a child, but felt it wasn’t the right time. “I was really weighing what I wanted and what felt like the right decision. It was very hard for me to terminate the pregnancy, but I had a difficult time growing up and didn’t feel I could bring a child into the world and not be able to give them the quality of life I wanted to,” they said.After spending a month carefully weighing their options, they crossed into Illinois to terminate the pregnancy at the beginning of September at nine weeks.“Making the decision was much harder than having the actual abortion,” Hanz said, adding that fears remain about crossing the border to receive care.“I’ve talked to people who thought they may be arrested when they returned to their home state – you’re not breaking the law by crossing the state,” Hanz said.For others, the introduction of abortion restrictions has meant they are not having children they may have had. Over the last few years, Brie, 41, had been considering having another child – but after Dobbs, she felt she could not undergo the risk of a pregnancy at her age in the state of Texas.“My husband and I had dreamt of a third child. Now, I know it’s definitely not going to happen,” Brie said, adding that she felt she could not risk a pregnancy in Texas, which has a near-total abortion ban.Her medical history adds to her fears: she had a complicated first pregnancy, including experiencing pre-eclampsia, and needed an emergency C-section.“It was scary and dangerous,” she said. “With my history, there’s no way I’d trust having this pregnancy in Texas or the south. I’d have to move.”The loss of the constitutional right to abortion has taken the choice out of her hands, she feels. “Our seven-year-old son is asking for a younger sibling,” Brie said. “I know I’m in a privileged position – we have two wonderful, healthy kids – but I don’t appreciate the state making my family planning decisions.”Abortion is an issue that divides her family. “The last two years have been a very volatile time, even having these discussions within my extended family,” she said. The issue is at odds with other values prized in Texas, she believes: “People here are very concerned with freedom. But there’s this huge conflict here between concern with personal freedom, and the approach to women and fertility. The only acceptable carveout is women that are pregnant.”Every month, she feels anxious about the chance of pregnancy. “It’s constantly on my mind and has been since Dobbs: am I going to be thrown under the bus by my state this month?“You play scenarios out, what if, where would I go, who would I tell. It’s a big wall of separation between who could you trust. I think that’s the goal: to isolate and put women in a position of insecurity.”For some, the fall of Roe was a call to action. Paul, in his mid-50s and living in North Carolina, knew little about abortion rights when he heard the news two years ago.“Up until then, it was not something I cared about – it was obvious that women should have the right to choose,” he said. He had thought abortion was a “settled issue”.When he heard the news, he remembers that he and his wife “stared at each other in silence, and thought, what the hell happens next? It doesn’t affect us personally, but it does affect millions of women. I went in completely blind.”Compelled by a need to take action, by November 2022, Paul had begun volunteering with a group that offered logistical assistance to people requiring abortions, often picking up patients who had travelled from states with more restrictive laws and driving them to clinics.“I’ve driven young teens with their parents who are absolutely petrified; women in their 20s who accept it’s something they have to do, and others to whom it’s no big deal. Everyone has a different set of circumstances – you don’t have to explain your reason to me,” he said.After North Carolina reduced the limit from 20 to 12 weeks in May 2023, the number of patients traveling to the state dwindled until the service disbanded. Now, Paul volunteers most weeks as a clinic escort.“More Saturdays than not, I can be found wearing a rainbow-striped vest, shielding women behind umbrellas as I walk them into the clinic. I have been called a murderer, a baby killer … And I’ll happily do it again next weekend as well,” he said. “A lot of men don’t want to acknowledge that men have a role to play in fixing this – it’s not up to just women.”For Jane*, a woman from Texas in her 60s, the writing was on the wall before Dobbs as she watched restrictions chip away at abortion rights year after year. ​Between 1973 and May 2022, 1,380 abortion restrictions were enacted in states, according to the Guttmacher Institute, with more than 630 of these enacted since 2011.Jane became involved in direct action in 2018, driving people in need of abortion to appointments: “I became involved because I realised pro-choice is just that – it doesn’t address access. It’s a limited way at looking at reproductive justice. Seeing the impact of restrictions on abortion, I felt that to do nothing is to be complicit.”After Texas passed a bill outlawing abortion following the detection of cardiac activity – usually around six weeks – in 2021, Jane was galvanized to take further action. Toward the end of that year, she reached out to Las Libres, a Mexican network that mails pills for self-managed medical abortion.“The inhumanity of restrictions just raised my temperature and made me increasingly angry and willing to stick my neck out and do something to help,” she said. “Dobbs was the logical next step after increasing regulations permitted under Roe. [Access] was very effectively overturned before Dobbs.”Jane has been packaging and posting pills to states with abortion bans for the last two years.“It is empowering and effective to fight back,” Jane said. “Perhaps I am in denial about my own risk, but I have had a good life, I enjoy relative financial stability in my retirement, and who better than me to be in a position to fight back? Small actions matter, and allow me to maintain hope.”
    *Name has been changed More

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    How Many Abortion Seekers Are Traveling to California

    After the Supreme Court overturned Roe v. Wade and some states banned abortions altogether, many Americans began crossing state lines to get one.The New York TimesAfter the Supreme Court overturned Roe v. Wade and some states, mainly in the South, banned abortions altogether, many Americans began crossing state lines to get one.In 2023, the first full year after Roe was reversed, the number of patients traveling out of state for an abortion or to get abortion pills was double the figure from 2019, according to new data from the Guttmacher Institute, a research organization that supports abortion rights. The institute said that nearly one-fifth of all recorded abortions involved interstate travel. The New York Times recently captured that trend in a fascinating set of maps.“We’re having people travel hundreds or thousands of miles for a procedure that typically takes less than 10 minutes and can be done in a doctor’s office setting,” said Amy Hagstrom Miller, the founder of Whole Woman’s Health, which runs clinics in Maryland, Minnesota, New Mexico and Virginia. “Nobody does that for any other medical procedure.”California has positioned itself as a safe haven for abortion seekers.In the past two years, state legislators in Sacramento have passed several laws fortifying access to abortion. The state Constitution was amended to guarantee the right to abortion and contraception. California, along with Oregon and Washington, officially declared that abortion patients and providers would be protected from the legal reach of other states.Just last month, Gov. Gavin Newsom signed a bill temporarily allowing Arizona abortion providers to travel to California to provide abortions to their Arizona patients. The move was in response to a possible reinstatement of a 160-year-old near-total ban on abortions in Arizona, through what Newsom called “oppressive and dangerous attacks on women.” (The Arizona Legislature ultimately blocked the ban from going back into effect.)“California stands ready to protect reproductive freedom,” the governor said at the time.The data from Guttmacher shows that 179,610 abortions were performed in California in 2023, which is 19 percent more than in 2019. About 4 percent of the 2023 abortions — or 7,184 — were for patients who don’t live in California.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

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    Democrats move to repeal 1873 law they say could pave way for national abortion ban

    Democrats introduced legislation on Thursday to repeal a 19th-century anti-obscenity law that bans mailing abortion-related materials, amid growing worries that anti-abortion activists will use the law to implement a federal abortion ban.The bill to repeal the Comstock Act was introduced by the Minnesota Democratic senator Tina Smith, whose office provided a draft copy of the legislation to the Guardian. The Massachusetts senator Elizabeth Warren and Nevada senator Catherine Cortez Masto also back the bill, according to the Washington Post, which first reported the news of Smith’s plans. Companion legislation was also set to be introduced in the House.“We have to see that these anti-choice extremists are intending to misapply the Comstock Act,” Smith said in an interview. “And so our job is to draw attention to that, and to do everything that we can to stop them.”Passed in 1873, the Comstock Act is named after the anti-vice crusader Anthony Comstock and, in its original iteration, broadly banned people from using the mail to send anything “obscene, lewd or lascivious”, including “any article or thing designed or intended for the prevention of conception or procuring an abortion”. In the 151 years since its enactment, legal rulings and congressional action narrowed the scope of the Comstock Act. For years, legal experts regarded it as a dead letter, especially when Roe v Wade established the constitutional right to an abortion.But after the US supreme court overturned Roe in 2022, some anti-abortion activists started arguing that the Comstock Act’s prohibition against mailing abortion-related materials remained good law. Project 2025, a playbook written by the influential thinktank the Heritage Foundation, recommends that a future conservative presidential administration use the Comstock Act to block the mailing of abortion pills. Other activists have gone even further, arguing that the Comstock Act can outlaw the mailing of all abortion-related materials.Because abortion clinics rely on the mail for the drugs and tools they need to do their work, such an interpretation of the Comstock Act would be a de facto ban on all abortion.The Biden administration has issued guidance arguing that someone only violates the Comstock Act if the sender intends for abortion-related materials “to be used unlawfully”. However, although Joe Biden has focused his re-election campaign on reproductive rights, he has steered clear of addressing the potential return of the Comstock Act.Smith said that it “seems impossible” that her repeal bill will garner the 60 votes necessary to advance legislation in the Senate. Republicans recently stymied Democratic efforts to establish federal rights to contraception and in vitro fertilization.But Smith views her bill as a chance to raise awareness of the nationwide consequences of a Comstock Act revival, particularly among voters living in states where abortion rights are currently protected.“You talk to somebody in Minnesota or Nevada or Pennsylvania, places where people feel secure that they have control over their own decisions and their own potential to decide for themselves about abortion – and then come to find out that Donald Trump has a plan to take away that control that you have, even without a vote or an act of Congress,” Smith said. “It makes it much more real, what the difference is and what the contrast is, what the choices are for you even in those states where state law protects you. That could all change.”skip past newsletter promotionafter newsletter promotionIn a New York Times April op-ed where she first aired her plans to repeal the Comstock Act, Smith suggested that she planned to introduce the legislation once the supreme court ruled on a case involving access to mifepristone, one of the two drugs typically used in US medication abortions and a top target of anti-abortion activists. In a unanimous opinion earlier this month, the supreme court ruled on technical grounds to let access to mifepristone remain unchanged for now. Although rightwing justices Clarence Thomas and Samuel Alito brought up the Comstock Act during oral arguments in the case, neither the majority opinion nor a concurrence by Thomas ultimately mentioned the anti-obscenity law.“The court, in its decision, left the door wide open for future challenges based on Comstock,” Smith said, adding: “There was nothing in the court’s decision that gave me any sense of security.” More