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      Republicans want to use an 1873 law to ban abortion. Congress must overturn that law | Moira Donegan

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      They don’t need Congress. The anti-abortion movement is preparing to ban abortion nationwide as soon as a Republican takes the White House, and under a bizarre legal theory, they don’t think they even need congressional approval to do it. That’s because anti-choice radicals have begun to argue that an 1873 anti-obscenity law, the Comstock Act, effectively bans the mailing, sale, advertisement or distribution of any drug or implement that can be used to cause an abortion.For a long time, this was a fringe theory, only heard in the corners of the anti-choice movement with the most misogynist zealotry and the flimsiest concerns for reason. After all, the Comstock Act has not been enforced for more than half a century: many of its original provisions, banning contraception, were overturned; other elements, banning pornography and other “obscene” material, have been essentially nullified on free speech grounds.And, for decades, its ban on abortifacients was voided by Roe v Wade. Now that the US supreme court has thrown out the national abortion right, the anti-choice movement is reviving the long-forgotten law, claiming that the Comstock Act – named after a man who hunted down pornographers, threw early feminists in jail and bragged about driving abortion providers to suicide – should still be considered good law.It’s not a solid legal theory, but like a lot of flimsily reasoned, violently sexist and once-fringe arguments, it is now getting a respectful hearing at the supreme court. At last month’s oral arguments in a case regarding the legality of the abortion drug mifepristone, Justices Samuel Alito and Clarence Thomas both mentioned Comstock, implying that someone – perhaps the FDA, perhaps drug companies – was obliged to suppress abortion medication under the law. Comstock was not at issue in the mifepristone case, but the comments from the justices were not really about the case before them. Rather, they were a signal, a message meant for the conservative legal movement: if you bring us a case that seeks to ban abortion under Comstock, the judges were saying, we will vote for it.So it is a bit puzzling why, in an election year that promises to be dominated by outrage over abortion bans and the erosion of women’s rights, Democrats have not done more to convey the dangers of Comstock to the public. Admittedly, the problem is somewhat complicated and obscure, not quite the kind of thing that can fit on a bumper sticker. But voters have shown that they are willing to pay prolonged attention to the abortion issue: the continued political salience of Dobbs almost two years after the decision has proved this.Democrats have an opportunity, this election year, to corner Republicans on an unpopular issue, to make a case to the voters about the uses of giving them continued electoral power, and to articulate a vision for a modern, pluralist and tolerant society in which women can aspire to a meaningfully equal citizenship and in which ordinary citizens are endowed with the privacy and dignity to control their own sexual lives – without interference from the pantingly prurient Republican party.This election cycle, Democrats must take the obvious stand, and do what is right both in terms of politics and in terms of policy: they must call, en masse, for the repeal of the Comstock Act. Anything less would be political malpractice.It’s not as if Comstock is not being thoroughly embraced by the other side. In addition to its revival by the conservative legal movement and anti-choice activists, Comstock has found enthusiastic backers both in conservative thinktanks and among members of Congress. The rightwing Heritage Foundation cited a maximalist approach to Comstock interpretation and enforcement – and the nationwide total abortion ban that would result – as one of their priorities in their “Project 2025”, a policy plan for a coming Trump administration. Meanwhile, in an amicus brief issued to the supreme court in the mifepristone case, 119 Republican representatives and 26 Republican senators asked the court to ban abortion nationwide using Comstock.These conservatives know that their abortion bans are unpopular; they know that voters do not support the overturning of Roe v Wade, and will never vote for the total abortion bans that they aim for. This is precisely why they are seeking to achieve their ends through the judiciary, the one branch of the federal government that is uniquely immune to democratic accountability. And it is why, rather than attempting to ban abortion through the regular legislative process, they are seeking to do so via the revival of a long-forgotten statute, ignoring that Comstock has been void for decades to exploit the fact that it is technically still on the books.To their credit, a few Democratic lawmakers have begun to vocally campaign to overturn Comstock. The first was Cori Bush, of Missouri, who called for the repeal of what she termed the “zombie statute” in the hours after Comstock was mentioned at the court’s mifepristone oral arguments.She was joined days later by Senator Tina Smith, of Minnesota, who wrote in a New York Times op-ed that she wanted to repeal the law and “take away Comstock as a tool to limit reproductive freedom”. Smith says that she is working to form a coalition of Democratic House and Senate members to “build support and see what legislation to repeal the Comstock Act might look like”. Smith says that she wants to wait to see what, if anything, the supreme court says on the matter in its mifepristone decision, expected by the end of June.There is no need to wait. It is unlikely that any bill to repeal Comstock will get the 60 votes needed to pass the Senate; it is impossible that any such bill would make its way through the Republican-controlled House. But this means that Democrats have nothing to lose in waging a political campaign to draw attention to Comstock, and to force their Republican colleagues to take a stand on it. Voters deserve to know what they’re in for if a Republican captures the White House – and they deserve to know what the Republicans on their ballot think about their own rights to dignity, equality, privacy and sexual self-determination.There might be no item on the current political agenda that more aptly symbolizes the Republican worldview than Comstock. Never really workably enforced and long ignored as out of date, Comstock has come to stand in, in the rightwing imagination, for a virtuous, hierarchically ordered past that can be restored in a sexually repressive and tyrannically misogynistic future.This past never existed, not really, but the fantasy of it now has power in many corners of our law: among the reasons given by Samuel Alito in his majority opinion overturning Roe v Wade was his estimation that the right to an abortion was not “deeply rooted in America’s history and traditions”. This grimly nostalgic Republican aim to allow only those freedoms delineated in “history and tradition” would foreclose an America that adapts with time, that allows new forms of freedom to emerge from history.Comstock is a relic, and a relic is what the Republican right wants to turn America into. Democrats have a chance to make a case for it to be something else – something more like a democracy.
      Moira Donegan is a Guardian US columnist More

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      in US Politics

      ‘Extreme’ US anti-abortion group ramps up lobbying in Westminster

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      A rightwing Christian lobby group that wants abortion to be banned has forged ties with an adviser to the prime minister and is drawing up ­policy briefings for politicians.The UK branch of the US-based Alliance Defending Freedom (ADF) has more than doubled its spending since 2020 and been appointed a stakeholder in a parliamentary group on religious freedoms in a role that grants it direct access to MPs.The ADF’s efforts to boost its UK influence are revealed as part of an Observer analysis that shows a surge in activity within the wider anti-­abortion movement.Ahead of a historic vote on abortion later this spring, in which MPs will vote on a law that would abolish the criminal offence associated with a woman ending her own pregnancy in England and Wales, several anti-abortion campaign groups have expanded their teams, ramped up advertising and coordinated mass letter-writing campaigns targeting MPs.The findings have led to calls for greater transparency and accountability over the groups’ funding and lobbying activities. The ADF in particular is an influential player on the US Christian right and part of a global network of hardline evangelical groups that were a driving force behind the repeal of Roe v Wade – the supreme court ruling that gave women the constitutional right to abortion and was overturned in 2022.The group – which also supports outlawing sexual acts between consenting LGBTQ+ adults and funds US fringe groups attacking gay, trans and abortion rights – has faced claims its funding is not transparent due to its use of donor advised funds: a loophole in US charity law that allows people to give millions anonymously.The latest financial accounts for its UK entity ADF International UK, published last week, show it spent almost £1m in the year to June 2023, up from £392,556 in 2020, and that its income almost doubled between 2022 and 2023, from £553,823 to £1,068,552.ADF International UK, which has argued publicly against decriminalising abortion, has sought to develop closer relationships with MPs. Its latest accounts show a focus of its UK activity has been attempting to engage with “significant decision-makers” and that staff provided “briefing material and legal analysis” to several MPs ahead of a vote on introducing buffer zones to prevent anti-abortion activity outside abortion clinics.In September 2023 it spent £1,737.92 flying the prime minister’s special envoy on freedom of religion and beliefs, Fiona Bruce MP, paying for her hotel and travel to attend an unspecified conference. Last month Bruce – who reports directly to Rishi Sunak – appeared at an event sponsored by ADF International on religious freedom, speaking remotely alongside two members of the charity.Number 10 did not respond to questions about the links between the ADF and Bruce, who declared the donations in the MPs register of interests and previously voted against legalising abortion and same-sex marriage in Northern Ireland. Calls and emails to her office went unanswered late last week.View image in fullscreenHeidi Beirich, co-founder of the Global Project Against Hate and Extremism, said the ADF had “ramped up its spending” in the UK and Europe “aggressively” in recent years and that there was “no transparency” around “where the money’s actually coming from”. She said its relationship with MPs raised “huge concerns”. “Why are politicians openly working with an organisation that has such a hateful agenda?”Rose Whiffen, senior research officer at Transparency International UK, said the donations to Bruce raised questions about conflicts of interest and that her association with the group could give it credibility in the UK.Andrew Copson, chief executive of Humanists UK, said it was “very concerning” that the UK’s envoy on religious freedoms was “accepting donations from organisations that use religious liberty as a way of denying others their human rights”. “The Christian nationalist movement is increasingly investing in the UK on a number of fronts, and all supporters of freedom and choice should take seriously the threat to human rights that this represents,” he said.ADF International UK said it was committed to protecting “liberties dear to the British people” including free speech and freedom of religion, and that its stance on abortion aimed to “protect the lives of both mother and baby in every pregnancy”. “Like much of the British public, we are concerned about political initiatives to further liberalise abortion law,” a spokesperson added.The charity, which has an office in Westminster, said it received funds from many countries, like “many UK charities on both sides of the abortion debate”; that claims it was not transparent about its funders were “baseless” and that it complied with all charity regulations. It did not comment on its link to the PM’s special envoy.View image in fullscreenJonathan Lord, co-chair of the British Society of Abortion Care Providers and a consultant gynaecologist, said: “We’ve known for some time that these extreme groups from America are infiltrating the UK, having been emboldened following the US supreme court’s actions removing women’s right to abortion there. However the scale of their spending and influence in the UK is disturbing, especially as we know they are actively lobbying MPs and want to restrict women’s reproductive rights, whether that is fertility treatment, contraception or access to abortion.”Other anti-abortion groups have also ramped up activity here in recent months. Right to Life, a leading UK anti-abortion charity, has been coordinating a lobbying campaign encouraging people to write to their MPs to tighten abortion laws, and spent £117,000 on Facebook ads in 2023, 10 times the amount in 2020.The charity – whose overall spending overall has risen from £200k in 2019 to £705k last year – also provides the secretariat to the Pro-Life all-party parliamentary group and aims to “deepen and expand relationships with parliamentarians”, according to its latest accounts. It is currently advertising vacancies for eight full-time staff and says in one ad that the role will include “producing briefings” for MPs and peers.The Centre for Bio-Ethical Reform UK – another anti-abortion group, which notoriously launched a billboard campaign featuring graphic images in pro-choice MP Stella Creasy’s constituency – has increased its staff numbers from four to 12 since 2017. Due to its status as a small company, it does not have to publish details of its income but said it was happy to engage in public debate about its “funding, growth and activities” and that its targeting of Creasy “does not equate to animosity towards her as a fellow human being”.MPs are due to vote in the coming weeks on proposed changes to abortion law that would see abortion decriminalised in England and Wales, as it is in Northern Ireland, Australia, France and New Zealand. Under a Victorian-era law that remains in place today, it is an offence to procure your own abortion. There are exemptions under the 1967 Abortion Act, which permits abortion in cases where two doctors agree that continuing the pregnancy would be risky for the physical or mental health of the woman. But the old law was never repealed and is still used today to prosecute and jail women for terminating pregnancies without sign-off from medics or after the 24-week limit.The proposal on decriminalisation from backbench Labour MP Diana Johnson has cross-party support and is expected to pass. However some in the Labour party fear it could be counterproductive and further embolden anti-abortion campaigning on related issues, such as the remote access to abortion that was introduced during the pandemic.A government spokesperson said abortion was an “extremely sensitive issue” with “strongly held views on all sides of the discussion”, and that MPs would have a free vote on the proposed law change. “By longstanding convention, any change to the law in this area would be a matter of conscience for individual MPs rather than the government,” a spokesperson said. More

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      in US Politics

      Florida just crushed abortion rights. But it also created a tool to fight back | Moira Donegan

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      It’s hard to imagine a scenario in which the Florida state supreme court would not have allowed Governor Ron DeSantis’s six-week abortion ban to go into effect. In a challenge to a previous 15-week ban, the court’s seven judges, all of whom were appointed by DeSantis, overturned 35 years of precedent this week in order to find that the right to privacy enshrined in the state constitution does not protect the right to an abortion, as Florida state law has acknowledged it does since 1989.The court’s approval of the 15-week ban will allow a stricter, previously stayed six-week ban to go into effect on 1 May. Justice Charles Canady did not recuse himself from the case, despite calls for him do so from no less an authority than the Florida supreme court’s former chief justice, Barbara Pariente. Justice Canady’s wife, the state representative Jennifer Canady, is a legislative co-sponsor of the newly approved six-week ban. There is no rape or incest exception.The harm this decision will do to women across the American south is immeasurable. Like many states, Florida dramatically restricted access to abortion in 2022, in the wake of the US supreme court’s Dobbs v Jackson decision that overturned Roe v Wade. Florida’s 15-week abortion ban, signed into law by DeSantis in April 2022, went into effect just days after the ruling. Despite those new restrictions, however, abortion remained much more available in Florida than it did elsewhere in the south.The south-east corner of the continental United States is home to some of the most restrictive abortion bans. A woman living in Florida finds herself without a right to an abortion at any stage of pregnancy as far west as Texas and Oklahoma and as far north as Missouri, Indiana and West Virginia. Abortion is also banned outright in Arkansas, Louisiana, Mississippi, Alabama, Kentucky and Tennessee; it is banned after six weeks in Georgia and South Carolina. Florida’s 15-week ban was a dramatic reduction of women’s healthcare rights from the pre-Dobbs status quo. But due to the even more sadistic anti-choice zealotry of its neighbors, it was among the most permissive states in the region.Under these circumstances, Florida became a haven for abortion seekers. Despite the new 15-week ban, abortions soared in Florida in the year after Dobbs, as women from across the south fled their homes in search of the care that was still legal in the Sunshine state. According to the abortion and contraception data project #WeCount, the number of abortions in Florida increased by a total of 20,460 in the 12 months following the Dobbs decision. Now, both Floridian women and those who traveled from out of state for care will be forced to look further afield, to more distant and more expensive locations, in search of legal abortions. Many will not be able to get them.View image in fullscreenBut in addition to this catastrophe for women’s rights, the Florida court also upended this fall’s election in the state. That’s because, in a narrow vote, the justices allowed a ballot measure to appear before voters this fall that would enshrine abortion rights explicitly in the state constitution.The proposed constitutional amendment would declare Floridians have a right to an abortion before “viability”, the medically imprecise but politically palatable standard that governed the Roe v Wade legal regime for 30 years and is usually interpreted to allow abortion until about 24 weeks of pregnancy. After that, women whose medical providers declare their pregnancies a danger to their health would also be able to receive abortions.The ballot measure would need to receive approval from at least 60% of Florida voters in order to be enshrined in the state constitution. But if the measure is successful, it would invalidate both the six- and 15-week bans, and could theoretically be used to expand abortion access even beyond pre-Dobbs levels.The addition of the abortion rights ballot measure to the November election has dramatically changed the political calculus in Florida overnight. Long the home of a growing sunbelt Republican base and an uncommonly weak state Democratic party, Florida has been considered a shoo-in for Donald Trump, who won the state by three points in 2020. But abortion ballot measures have proven a persistent electoral winner, with measures to preserve or expand access to the procedure winning every time they have been put to voters since Dobbs – including in heavily Republican districts such as Kansas, Kentucky and Ohio, as well as in swing states like Michigan.And the salience of abortion to an election has been an excellent predictor of Democratic success since Dobbs, with the 2022 midterms and subsequent special elections all delivering Democratic victories whenever the abortion question is at the front of voters’ minds.In Florida, the new ballot measure may not just influence the presidential election, but the re-election bid of the Republican senator Rick Scott – a one-time governor and fierce abortion rights opponent who has said that he would have signed the six-week ban if he were still in the governor’s mansion. That stance has come under harsh criticism in Florida, where even the comparatively less strict 15-week ban has had horrible human costs.Anya Cook, a Florida woman whose water broke too early in her pregnancy, almost died from blood loss after the 15-week ban prevented her doctors from administering miscarriage care. Deborah Dorbert was forced to remain pregnant for months after her fetus was given a fatal diagnosis; she delivered an infant who died in her arms. These stories have made an indelible impression on the public. In Florida, more than 60% of voters say that they oppose the six-week ban. Now that it is slated to actually go into effect, that opposition is likely to grow.If the post-Dobbs era has shown us anything, it is that abortion is controversial only in theory. When faced with the material consequences of banning it, Americans find themselves unequivocally on freedom’s side.Democrats, then, may find that they have an unusual asset in the Republican opposition to abortion. The bans are consistently unpopular, and the issue has proved persistently salient, moving voters to the polls even two years after the Dobbs decision. But this political boon for the Democrats has come at an unbearable cost: women’s health, happiness and freedom.
      Moira Donegan is a Guardian US columnist More

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      in Elections

      Trump Will Address Abortion Issue Next Week, He Says

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      Donald J. Trump, appearing in two crucial swing states on Tuesday, avoided discussing abortion but teased that he would address the issue “next week,” once again demurring on taking a clear position on the issue after two Florida Supreme Court rulings shook up the 2024 campaign in the former president’s home state.The conservative top court in Florida on Monday allowed a strict six-week abortion ban to take effect in May while also allowing a proposed constitutional amendment to be placed on the ballot that would guarantee access to abortion “before viability,” or at about 24 weeks.The rulings present a potential new vulnerability for Mr. Trump in the presidential race. Florida has become steadily more conservative in recent years, placing most statewide elections well out of reach for the Democratic Party. But the two decisions will elevate abortion — an issue that has carried many races for Democrats in recent years — to a position of prominence both on the campaign trail and on the ballot.The former president indicated last month that he was likely to back a 15-week federal ban on abortion, while adding that he thought abortion should be a state issue — and that anti-abortion activists who wanted a ban earlier in pregnancy should understand that “you have to win elections.”Mr. Trump did not otherwise address abortion in his campaign appearances on Tuesday in Grand Rapids, Mich., and Green Bay, Wis. Mr. Trump said that “we’ll make a statement next week on abortion” after being asked by a reporter in Grand Rapids if he supported the six-week ban in Florida. The pro-Trump crowd tried to drown out the question with boos and began chanting “four more years” and “U.S.A.” as Mr. Trump walked away.Representatives of the Trump campaign did not immediately respond to questions about the abortion announcement and where that would fit into Mr. Trump’s campaign schedule. The former president has often promised policy plans — for example on infrastructure or health care — that are either delayed or never delivered.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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      Biden campaign says Trump ‘directly to blame’ for Florida abortion ruling – as it happened

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      Joe Biden’s campaign team said Donald Trump is “directly to blame” for the ruling upholding an abortion ban in Florida, given that the former president nominated three of the supreme court justices who helped overturn Roe v Wade in 2022.“Because of Donald Trump, Maga [’Make America Great Again’] Republicans across this country are ripping away access to reproductive health care and inserting themselves into the most personal decisions women can make, from contraception to IVF,” Julie Chávez Rodríguez, Biden’s campaign manager, told reporters on a press call.“And make no mistake: Donald Trump will do everything in his power to try and enact a national abortion ban if he’s reelected.”Earlier today, the Biden campaign released a new ad, titled “Trust”, that highlights Trump’s past comments bragging about the reversal of Roe and also warns of the possibility of a federal ban. The ad will air across battleground states as part of the Biden campaign’s broader media blitz this spring.“These are the stakes in November, and we’re going to continue to make sure that every single voter knows them,” Rodríguez said. “Here’s the bottom line: Trump and Maga Republicans are working to ban abortion nationwide, while President Biden and Vice-President Harris will never stop fighting to protect reproductive freedom.”Democrats have condemned a Florida supreme court ruling that will allow a six-week abortion ban to go into effect, while seizing on a separate decision green lighting an initiative protecting access to the procedure to go before voters in November. The party has seen success in recent elections by campaigning against efforts to cut off access to abortion, and will try to replicate that in Florida, a state where Democratic candidates have struggled in recent years. To hammer the point home, top House lawmakers convened a hearing in the state, which Democratic minority leader Hakeem Jeffries called “ground zero” in the fight for abortion access.Here’s what else happened:
      The Biden campaign said Donald Trump was “directly to blame” for the Florida court ruling upholding the state’s abortion restrictions.
      Democratic senator Sheldon Whitehouse signaled he was open to at least some of what Republican House speaker Mike Johnson is considering to approve military aid to Israel and Ukraine.
      Tina Smith, a Democratic senator from Minnesota, wants to repeal a moribund 19th-century law that some fear could be used to stop abortions nationwide.
      Opponents of Joe Biden’s support for Israel’s invasion of Gaza are encouraging voters to choose “uninstructed” in Wisconsin’s primary today.
      Mitch McConnell, the top Republican in the Senate, said he wants to fight “the isolationist movement” in his party.
      Joe Biden plans to today hold a small meeting with Muslims at the White House, rather than the larger gathering it traditionally hosts during Ramadan, in the latest sign of his administration’s tensions with the community over Biden’s support for Israel’s invasion of Gaza, National Public Radio reports.The Biden administration has repeatedly approved weapons transfers to Israel as it presses on with its invasion of Gaza, sparking protests from Muslims who have organized efforts to withhold their votes for Biden during the primaries. Here’s more on the White House meeting tonight, from NPR:
      The gathering is in lieu of the traditional Ramadan iftar dinner or Eid celebrations the White House usually hosts with Muslim leaders, and it comes amid ongoing political tensions given the war in Gaza.
      The goal, according to people familiar with the plans, is to allow guests to have a “substantive” conversation with the president about the situation in Gaza. Vice President Harris and national security adviser Jake Sullivan will also attend, the sources said. Biden last met with Muslim and Arab-American leaders at the White House in late October.The sources said the White House had initially planned to host a small, solemn Ramadan dinner Tuesday evening, but plans changed after a number of Muslim invitees said they did not feel comfortable dining at the White House while scores of Palestinians are on the brink of starvation.
      The White House still intends to host a small iftar dinner later Tuesday evening for a dozen or so Muslim staffers — a scaled-down version of the traditional celebration.
      Some Democrats fear the rift between Biden and Arab and Muslim communities could cost him support crucial to winning the November election, particularly in swing state Michigan. Here’s more on that:Another tentative and potential sign of movement has emerged on the long-stalled military aid package for Ukraine and Israel.Democratic senator Sheldon Whitehouse weighed in on Republican House speaker Mike Johnson’s comments yesterday, where he floated some potential demands he may make to move the package through his chamber. Whitehouse seems alright with two of the three changes Johnson requested, but takes issue with the third:Republicans and Democrats have been tussling over the aid proposal for months, and it’s unclear if Johnson’s mulled concessions will be palatable to Democrats, or enough for his fellow Republicans, many of whom are demanding new, strict border security policies to support the bill. Here’s more on where the House speaker says he now stands on the bill:Donald Trump is making a swing through Michigan and Wisconsin today, two states he will almost certainly need to win if he is to return to the White House.His stop in Michigan took him to Grand Rapids, an area where Democrats have lately made inroads in what was traditionally Republican territory. It’s also the site of a murder allegedly committed by an undocumented immigrant, and during his appearance in the city, Trump reiterated his vows to crack down on people in the country illegally:Attacks on migrants have been a mainstay for Trump since his first run for the White House, and thus far, this campaign has been no different:The first criminal trial Donald Trump faces begins 15 April in New York City, on charges related to making hush money payments ahead of the 2016 election. The former president has taken to insulting various people involved in the case, and as the Guardian’s Hugo Lowell reports, now faces a gag order:The judge overseeing Donald Trump’s forthcoming criminal trial in New York expanded an existing gag order on Monday, preventing the former president from making inflammatory comments about the judge’s family members, after they became the target of Trump’s personal attacks.The new protective order continues to allow Trump to rail against the judge and the Manhattan district attorney, Alvin Bragg, who charged Trump last year with falsifying records to cover up a sex scandal before the 2016 election.But Trump is now expressly prohibited from assailing the family members of any lawyers or court staff involved in the case, as well as family members of the judge and the district attorney, the New York supreme court justice Juan Merchan wrote in the revised order.The order cited the recent attacks Trump had leveled at the judge’s daughter and rejected Trump’s contention that he should be free to criticize what he perceived to be conflicts of interest and other complaints because they amounted to “core political speech”.“This pattern of attacking family members of presiding jurists and attorneys assigned to his cases serves no legitimate purpose,” Merchan wrote. “It merely injects fear in those assigned or called to participate in the proceedings, that not only they, but their family members as well, are ‘fair game’.”Elsewhere in Florida, the Guardian’s Hugo Lowell reports that the federal judge handling Donald Trump’s trial on charges related to hiding classified documents has yet to schedule a start date, despite the best efforts of prosecutors:The prospects of Donald Trump going to trial in July on charges of retaining national security documents, as suggested by special counsel prosecutors, are rapidly diminishing, with the judge overseeing the case yet to issue a schedule weeks after she was presented with the potential options.The US district judge Aileen Cannon received proposed trial start dates from Trump and the special counsel Jack Smith more than a month ago in advance of a hearing ostensibly to settle the matter in Fort Pierce, Florida, but she has still not decided when the proceeding will begin.As a result, Trump has been able to avoid filing certain pre-trial motions that have to be completed before the case can proceed to trial, playing into his strategy of trying to delay the case as much as possible before the 2024 election in November.Trump’s legal strategy for all of his criminal cases has been to delay, under the calculus that winning re-election would enable him to appoint a loyalist as attorney general who could direct prosecutors to drop the case, or pardon himself if he was convicted.There are more than 13.4 million people registered to vote in Florida, according to its division of elections, and one of them very well may be Donald Trump.Long associated with New York’s real estate scene, he changed his residence from the Empire State to the Sunshine State during his time in the White House. That means he can vote on Florida’s ballot initiative that will decide whether abortion rights are enshrined in the state constitution – and you can expect that reporters will try their darnedest over the coming months to get him to reveal which way he leans on the issue.Floridians will have an opportunity to weigh in on the question of abortion access this November, when they vote on an initiative that would enshrine reproductive rights in the state constitution.Speaking on the Biden campaign press call, Fentrice Driskell, the Democratic leader of the Florida house, argued that the state supreme court’s decision to uphold an abortion ban underscored the urgency of the November elections.“We are seeing what Trump’s agenda looks like here in Florida: extremist politicians inserting themselves into women’s healthcare, threatening doctors with prison time and endangering women’s health and lives,” Driskell said.“The only thing that can stop governmental interference into our lives and exam rooms is to stay in the fight and by exercising our right to vote. This November, Florida will draw a line in the sand and say enough.”Democrats hope that the presence of the abortion initiative on the ballot might tip the scales in their party’s favor in Florida, but they acknowledge that the task will be difficult, given Republicans’ recent dominance in the purple state. Trump carried the state by 3 points in 2020, increasing his advantage from 2016 even as he lost the national election to Biden.“We’re clear-eyed about how hard it will be to win Florida, but we also know that Trump does not have it in the bag,” said Julie Chávez Rodríguez, Biden’s campaign manager. “We definitely see Florida in play.”Joe Biden’s campaign team said Donald Trump is “directly to blame” for the ruling upholding an abortion ban in Florida, given that the former president nominated three of the supreme court justices who helped overturn Roe v Wade in 2022.“Because of Donald Trump, Maga [’Make America Great Again’] Republicans across this country are ripping away access to reproductive health care and inserting themselves into the most personal decisions women can make, from contraception to IVF,” Julie Chávez Rodríguez, Biden’s campaign manager, told reporters on a press call.“And make no mistake: Donald Trump will do everything in his power to try and enact a national abortion ban if he’s reelected.”Earlier today, the Biden campaign released a new ad, titled “Trust”, that highlights Trump’s past comments bragging about the reversal of Roe and also warns of the possibility of a federal ban. The ad will air across battleground states as part of the Biden campaign’s broader media blitz this spring.“These are the stakes in November, and we’re going to continue to make sure that every single voter knows them,” Rodríguez said. “Here’s the bottom line: Trump and Maga Republicans are working to ban abortion nationwide, while President Biden and Vice-President Harris will never stop fighting to protect reproductive freedom.”Democrats have condemned a Florida supreme court ruling that will allow a six-week abortion ban to go into effect, while seizing on a separate decision to allow an initiative protecting access to the procedure to go before voters in November. The party has seen success in recent elections by campaigning against efforts to cut off access to abortion, and will try to replicate that in Florida, a state where Democratic candidates have struggled in recent years. To hammer the point home, top House lawmakers convened a hearing in the state, which Democratic minority leader Hakeem Jeffries called “ground zero” in the fight for abortion access.Here’s what else has happened:
      Tina Smith, a Democratic senator from Minnesota, wants to repeal a moribund 19th-century law that some fear could be used to stop abortions nationwide.
      Opponents of Joe Biden’s support for Israel’s invasion of Gaza are encouraging voters to choose “uninstructed” in Wisconsin’s primary today.
      Mitch McConnell, the top Republican in the Senate, said he wants to fight “the isolationist movement” in his party.
      Congress has some unfinished business to deal with when it returns to Washington DC next week, in the form of a military aid package for Israel, Ukraine and other US allies. It’s been held up by Republicans in the House, some of whom are opposed to further aid to Kyiv, and the Guardian’s Martin Pengelly reports that the Senate’s top Republican has signaled he will make overcoming these holdouts a priority:Mitch McConnell will spend the rest of his time in the US Senate “fighting” isolationists in his own Republican party, the longtime GOP leader said on Monday.“I’m particularly involved in actually fighting back against the isolationist movement in my own party,” McConnell told WHAS, a radio station in his state, Kentucky.“And some in the other as well. And the symbol of that lately is: are we going to help Ukraine or not? I’ve got this sort of on my mind for the next couple years as something I’m going to focus on.”McConnell, 82, has led Republicans in the Senate for 17 years. In March, he said he would step down at the end of this year, after an election in which Republicans have a good chance of retaking the chamber.McConnell assured his decision to step down was not related to recent health scares and said he would stay to the end of his term in 2027.Isolationism has surged in the Republican party under Donald Trump, president between 2017 and 2021 and the presumptive nominee again for November’s election.Israel’s allies, including the United States and Britain, are demanding it investigate the killing of seven aid workers in Gaza that were with the World Central Kitchen charity.Follow our live blog for more on this developing story: More

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      Trump to Focus on Border as Democrats Eye Boost From Florida Abortion Ruling

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      Former President Donald J. Trump will campaign on immigration and border policy today with events planned in Michigan and Wisconsin, two crucial battleground states in the Midwest.Mr. Trump and other Republicans are trying to keep voters’ attention on the border as President Biden and Democrats, bolstered by a pair of court rulings out of Florida on Monday, grow more optimistic about their ability to center the campaign on abortion.On Monday afternoon, the Florida Supreme Court overturned decades of precedent in ruling that the State Constitution did not protect abortion rights, allowing a six-week ban to take effect. But it simultaneously ruled that a proposed constitutional amendment to guarantee abortion rights until fetal viability could go on the ballot in November.That means Floridians will be voting directly on abortion after living with a near-total ban for several months — which Democrats hope will increase turnout and give them a fighting chance in a state that has become increasingly favorable to Republicans.Wisconsin is one of several states with presidential primaries on Tuesday, and its voters will also decide on two ballot measures after the state’s Republican-led Legislature proposed changing the State Constitution to restrict private funding and staffing of election offices.Connecticut, Rhode Island, New York are also voting. Mr. Trump and President Biden have already clinched their nominations, though, so the outcomes of today’s primaries are not in doubt. Delaware even canceled primaries it would have otherwise held today.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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      Woman Who Was Charged With Murder After Abortion Sues Texas Prosecutor

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      Lizelle Gonzalez was arrested after using an abortion pill in 2022, and her charge was since dropped. Now she is seeking $1 million in damages. A woman in Texas who was falsely charged with murder over a self-induced abortion in 2022 has filed a lawsuit against the local prosecutor’s office and its leaders, seeking more than $1 million in damages. Lizelle Gonzalez was arrested in April 2022 in Starr County, near the southeastern border with Mexico, and charged with murder after using the drug misoprostol to self-induce an abortion, 19 weeks into her pregnancy. She spent two nights in jail before the charge was dropped. Self-induced abortions can refer to those performed outside of professional medical care, including the use of abortion pills. Under Texas law at the time, abortions after six weeks were illegal, but pregnant women are exempt from criminal prosecution. (Health care professionals who provide abortion procedures and medication, and others who help someone get an abortion, can still be liable.) Ms. Gonzalez, who was known as Lizelle Herrera and 26 at the time of her arrest, filed a complaint on Thursday against Starr County, along with its district attorney, Gocha Ramirez, and assistant district attorney, Alexandria Lynn Barrera. She argues that the arrest and charge resulted in her suffering reputational harm and distress, and seeks to “vindicate her rights but also to hold accountable the government officials who violated them,” according to her lawsuit.Ms. Gonzalez and her lawyers were not immediately available for comment on Saturday.Mr. Ramirez and Ms. Barrera also did not immediately respond to requests for comment on the lawsuit. A month ago, the state bar of Texas found that Mr. Ramirez had unlawfully prosecuted Ms. Gonzalez without probable cause and fined him $1,250. His law license will also be held in probated suspension for a year, which means he must comply with specific requirements but can practice law during that time. That period starts April 1. According to the complaint, Ms. Gonzalez took the abortion medication in January 2022 and went to the hospital for an examination. Doctors found a positive heartbeat for the baby and no contractions, so she was discharged the next day. But later that day, she returned to the hospital with complaints of vaginal bleeding, and doctors performed a C-section to deliver a stillborn child.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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      The Persistent Threat to Abortion Rights

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      The Supreme Court this week heard the first major challenge to abortion rights since it struck down Roe v. Wade two years ago — an attempt to severely limit access to mifepristone, the most commonly used abortion pill in the country, by a group of doctors who are morally opposed to the practice.The justices seem prepared to throw out the lawsuit. During oral arguments, they questioned whether the doctors had suffered the harm necessary to bring the suit in the first place.But that should come as small comfort to anyone concerned for the future of reproductive freedom in America. Judges at the state and federal level are ready to further restrict reproductive options and health care access. The presumptive Republican nominee for president, Donald Trump, has indicated support for a 15-week national abortion ban. And while the Supreme Court, in overturning Roe, ostensibly left it to each state to decide abortion policy, several states have gone against the will of their voters on abortion or tried to block ballot measures that would protect abortion rights. Anti-abortion forces may have had a tough week in the Supreme Court, but they remain focused on playing and winning a longer game.Even potential victories for reproductive freedom may prove short-lived: The mifepristone case, for instance, is far from dead. Another plaintiff could bring the same case and have it considered on the merits, a possibility Justice Samuel Alito raised during oral arguments.“Is there anybody who could challenge in court the lawfulness of what the F.D.A. did here?” he asked the solicitor general, Elizabeth Prelogar. Such a challenge would be exceptionally weak, given that the F.D.A. provided substantial support for its approval and regulatory guidance on the use of mifepristone, but the right-wing justices on the Roberts court may be willing to hear it again anyway. The justices have already illustrated their hostility to the authority of administrative agencies, and that hostility may persist even in the face of overwhelming scientific evidence.Then there is the Comstock Act, a 151-year-old federal law that anti-abortion activists are trying to revive to block the mailing of mifepristone and other abortion medication. During the oral arguments this week, Justices Alito and Clarence Thomas repeatedly expressed their openness to the use of the law, which was pushed by an anti-vice crusader decades before women won the right to vote. If anti-abortion activists can get themselves before a sympathetic court and secure a national injunction on this medication being mailed, they may well be able to block access to abortion throughout the country, including in states where it is legal.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