More stories

  • in

    US supreme court blocks ruling limiting access to abortion pill

    The supreme court decided on Friday to temporarily block a lower court ruling that had placed significant restrictions on the abortion drug mifepristone.The justices granted emergency requests by the justice department and the pill’s manufacturer, Danco Laboratories, to halt a preliminary injunction issued by a federal judge in Texas. The judge’s order would significantly limit the availability of the medication as litigation proceeds in a challenge by anti-abortion groups.The decision offered a victory to the Biden administration as it defends access to the drug in the latest fierce legal battle over reproductive rights in the US. The president praised the decision and said he continues to stand by the FDA’s approval of the pill.“As a result of the supreme court’s stay, mifepristone remains available and approved for safe and effective use while we continue this fight in the courts,” Biden said in a statement. “The stakes could not be higher for women across America. I will continue to fight politically driven attacks on women’s health.”The court’s ruling means that access to mifepristone will remain unchanged at least into next year as appeals play out and patients can still get medication abortions with the drug in states where it was previously available.Reproductive rights groups celebrated the ruling, while cautioning it does not necessarily herald the final outcome of the case. “This is very welcome news, but it’s frightening to think that Americans came within hours of losing access to a medication that is used in most abortions in this country and has been used for decades by millions of people to safely end a pregnancy or treat a miscarriage,” said Jennifer Dalven, director of the Reproductive Freedom Project at the American Civil Liberties Union. “Make no mistake, we aren’t out of the woods by any means. This case, which should have been laughed out of court from the very start, will continue on.”The decision came in the most pivotal abortion rights case to make its way through the courts since Roe v Wade was overturned last year. More than half of abortions in the US are completed using pills.The case was brought by a conservative Christian legal group arguing the Food and Drug Administration improperly approved mifepristone more than 23 years ago.The Biden administration vigorously defended the FDA against the charge, emphasizing its rigorous safety reviews of the drug and the potential for regulatory chaos if plaintiffs and judges not versed in scientific and medical arguments begin to undermine the agency’s decision-making.Conservative justices Clarence Thomas and Samuel Alito dissented, with Alito writing that the Biden administration and Danco “are not entitled to a stay because they have not shown that they are likely to suffer irreparable harm in the interim”.The order granting the stay was unsigned, so it is not known how each of the other seven justices voted.The case has moved quickly through the courts in recent weeks, as contradicting rulings have thrown the future of the drug into question.In early April, a federal judge in Texas, Matthew Kacsmaryk, first ruled in the lawsuit brought by a coalition of anti-abortion groups to suspend the FDA’s 23-year-old authorization of mifepristone entirely, writing that the agency wrongly approved the drug. After a challenge by the Biden administration in the fifth circuit court of appeals, a divided three-judge panel said the drug’s approval could stand, but imposed restrictions on it, limiting its use to seven weeks of pregnancy instead of the current 10-week limit, and banning delivery of the pill by mail.The Biden administration then asked the supreme court to intervene before the restrictions went into effect. Alito twice stayed the lower court ruling, keeping access to mifepristone unaltered while the court deliberated.Complicating matters, another federal judge issued a ruling directly contradicting Kacsmaryk’s, ordering the FDA to refrain from making any changes to the availability of mifepristone in 18 jurisdictions.That judge – Judge Thomas O Rice, in Washington – reaffirmed that order after the fifth circuit’s ruling.Both the Biden administration and pharmaceutical companies have warned of regulatory chaos around drug approvals, should the supreme court allow the restrictions on mifepristone to go into effect.“If this ruling were to stand, then there will be virtually no prescription, approved by the FDA, that would be safe from these kinds of political, ideological attacks,” president Biden said in a written statement after the Kacsmaryk’s decision in early April.The US vice-president, Kamala Harris, echoed the point in a statement responding to the appellate decision: “If this decision stands, no medication – from chemotherapy drugs, to asthma medicine, to blood pressure pills, to insulin – would be safe from attacks.” More

  • in

    US supreme court to decide on abortion pill access after extending deadline

    The supreme court is poised to decide whether to preserve access to a widely used abortion medication, after extending its deadline to act until at least Friday.Less than a year after the court’s conservative majority overturned Roe v Wade and eliminated a constitutional right to an abortion, the justices are now weighing new legal questions in an escalating case in Texas with potentially sweeping implications for women’s reproductive health and the federal drug approval process.For now, the court is not weighing the merits of a legal challenge brought by abortion opponents seeking to suspend the Food and Drug Administration’s 23-year-old approval of mifepristone. At issue before the court is whether to allow restrictions on the drug imposed by a lower court that would sharply limit access to the drug, including in states where abortion remains legal.The justices had initially set a deadline of 11.59pm on Wednesday, but that afternoon, Justice Samuel Alito issued a brief order extending the court’s deadline by 48 hours. The one-sentence order provided no explanation for the delay but indicated the court expects to act before midnight on Friday.The legal clash began in Texas, with US district judge Matthew Kacsmaryk’s ruling to revoke the FDA’s approval of mifepristone, a drug first approved more than two decades ago and used by more than 5 million women to end their pregnancies.The Biden administration immediately appealed the decision, which it assailed as an unprecedented attack on the the FDA’s decision-making. The US court of appeals for the 5th circuit then temporarily blocked the Texas decision, preserving access to mifepristone while the legal case plays out, but reversed regulatory actions taken by the FDA since 2016 that expanded access to the pill. Those changes include allowing patients to receive the drug by mail, and extending its use from seven to 10 weeks of pregnancy.The Biden administration and drugmakers next asked the supreme court to pause the lower court’s ruling, arguing that reimposing the barriers would create chaos in the marketplace and cause confusion for providers and patients.Alliance Defending Freedom, a coalition of anti-abortion doctors and organizations, has argued that the FDA failed to follow proper protocols when it approved mifepristone and has since ignored safety risks of the medication. Medical experts have said the claims are dubious and not based on scientific evidence.Complicating the legal landscape around this case, a federal judge in Washington state, Thomas Rice, issued a contradictory ruling in a separate lawsuit brought by Democratic attorneys general in 17 states and the District of Columbia. The order, which Rice reaffirmed after the appeals ruling in the Texas case, blocked the FDA from limiting the availability of mifepristone in those states.Since the fall of Roe, more than a dozen US states have banned or severely restricted abortion. But many other states have moved in the opposite direction, approving legislation and ballot measures that protect abortion rights. Amid the patchwork legal landscape, attention has turned to medication abortion, which can be obtained by mail and administered at home.Mifepristone is the first pill in a two-drug regimen that is the most common method of ending a pregnancy, accounting for more than half of all abortions in the US. Decades of research and data from hundreds of medical studies have shown that it is both a safe and effective way to end a pregnancy.The drug first won FDA approval in 2000, and over the years the agency has loosened restrictions on its use. Those changes include allowing the drug’s use from seven to 10 weeks of pregnancy, lowering the dosage of mifepristone needed to safely end a pregnancy, allowing the pills to be delivered by mail, eliminating the in-person doctors visit requirement and approving a generic version.Depending on how the justices rule, those changes could be reversed, at least while the case proceeds through the courts. On Wednesday, GenBioPro, the manufacturer of the generic form of mifepristone, sued the FDA to keep the drug on the market, setting up a new front in the legal battle over access to abortion medication. More

  • in

    ‘Most pro-life president’: Trump’s stance on a federal abortion ban isn’t what you think

    Donald Trump considers a federal abortion ban as a losing proposal for Republicans as the party prepares to enter the first presidential election since the supreme court’s decision to overturn Roe v Wade and is unlikely to support such a policy, according to people close to him.The former president has told allies in recent days that his gut feeling remains leaving the matter of reproductive rights to the states – following the court’s reasoning in Dobbs v Jackson Women’s Health Organization that ended 50 years of federal abortion protections.But Trump’s crystallizing stance appears to be, in essence, a recognition that a federal abortion ban could cost him in the 2024 election should he become the Republican nominee, mainly because a majority of Americans simply do not support making abortion mostly or entirely illegal.The thinking is informed in part by Republicans’ losses in the midterm elections they were supposed to dominate, which interviews showed were tied to the supreme court ruling. And in the six states where abortion-related questions were on the ballot in 2022, voters chose to reject further limits.The issue has emerged as an early litmus test for Republican presidential candidates, and Trump’s reluctance to endorse national restrictions would put him squarely at odds with prominent leaders of the anti-abortion movement who are demanding federal action.Yet his refusal to embrace the most hard-line position of party activists provides an opening for potential rivals such as Florida governor, Ron DeSantis, and his former vice-president, Mike Pence, to run to his right on an issue.Worried about the political risks of being viewed as over draconian on abortion, Trump’s allies told him that they were surprised last week to see DeSantis, his expected rival in the 2024 race, sign into law and become the face of the state’s six-week abortion ban.The feedback to Trump – which is shaping his stance – was that for all the claims by DeSantis that he was supposedly an electable alternative to Trump for the GOP nomination, the Florida governor would undermine his chances in general elections by becoming the face of a six-week abortion ban.Trump has talked about striking a balance, people close to him said: leaving abortion up to the states, while endorsing exceptions for rape, incest and in cases of harm to the mother, as well as appointing conservative judges to the federal bench and removing federal funds for planned parenthood, which he did as president.Trump’s less extreme stance on abortion underscores the enduring potency of one of America’s most politically charged issues. But his posturing could prove risky in the Republican primary, where social conservatives have outsized influence in the early-voting states, especially in Iowa.On Saturday, Trump is scheduled to speak at Iowa’s Faith and Freedom Coalition event – one of the most conservative conferences in the country – where he may be pressed on his abortion stance.Asked about Trump’s stance on abortion for 2024, the campaign reiterated his White House policies. “President Trump believes that the supreme court, led by the three justices which he supported, got it right when they ruled this is an issue that should be decided at the state level.”“Republicans have been trying to get this done for 50 years, but we were unable to do so. President Trump, who is considered the most pro-life president in history, got it done. He will continue these policies when re-elected to the White House,” the statement said.Trump’s political thinking was also on display when the draft supreme court decision to overturn Roe v Wade was leaked last year, the people said, when he turned to friends and said it would anger suburban women and lead to a backlash against Republicans in the midterms.He initially demurred about taking credit for the ruling – unusual for someone typically so keen to claim any credit – and was silent even as his former vice-president Mike Pence and other conservatives from his administration declared victory for the anti-abortion movement.Later, Trump made sure to issue a statement applauding himself for sticking with his three nominees to the supreme court, who all ended up in the 6-3 majority opinion reversing Roe v Wade. “Today’s decision … only made possible because I delivered everything as promised,” he said.Trump has described himself as the “most pro-life president” in history, though he is also a former Democrat from New York who once supported abortion rights until around the time that he ran for president in 2016.While in office, Trump paved the way for the post-Roe legal landscape, also appointing to the federal bench in Texas US district court judge Matthew Kacsmaryk, whose recent ruling revoked the Food and Drug Administration’s 23-year-old approval of the abortion drug, mifepristone. The decision has been temporarily stayed.Trump’s comments about abortion being a political liability for Republicans have angered former allies. When Trump blamed the party’s midterm losses on “the abortion issue”, prominent anti-abortion groups fired back with a pointed warning that the former president still needed to earn their support.Marjorie Dannenfelser, the president of the Susan B Anthony Pro-Life America group, told reporters prior to the March For Life in January that any candidate who did not support national restrictions on abortion had “disqualified him or herself as a presidential candidate in our eyes”.Jon Schweppe, policy director of the conservative American Principles Project, said Trump was not wrong that abortion had hurt Republicans in recent elections. But he said the answer was not to abandon the push for a nationwide ban, rather it was to build consensus within the party around a federal standard, such as a prohibiting the procedure after 15 weeks of pregnancy.“I think [Trump] sees abortion as why we lost the midterms and he’s not totally wrong,” Schweppe said. “But the answer is not: ‘There’s no federal role. We’er not going to do anything any more – I delivered you Dobbs.’ It’s gotta be: ‘This is the next step.’”“The pro-life movement still has quite a bit of sway,” he added, “and it’s going to have a major sway in the presidential primary.” More

  • in

    Judge who denied girl abortion over grades shortlisted for Florida’s top court

    A Florida judge rejected by voters after denying a teenage girl an abortion citing her poor school grades is in line for a seat on the state supreme court as the Republican governor, Ron DeSantis, continues to turn the bench to the right.Jared Smith will be interviewed alongside 14 others next month by a nominating commission that will make recommendations to DeSantis, who last week signed a six-week abortion ban into law.The governor appointed Smith to the newly established sixth district court of appeal in December, four months after voters in Hillsborough county ousted him from the circuit court following his controversial ruling.Smith said the 17-year-old was unfit to obtain an abortion as he questioned her “overall intelligence, emotional development and stability”. The decision was overturned by a three-member appeals court that said Smith abused his judicial discretion.DeSantis’s decision to disregard that rebuke was the second time he had looked favorably on Smith, having first appointed him to the circuit court in 2019.The Florida supreme court seat opened up last month when the long-serving justice Ricky Polston announced he was standing down. Filling the vacancy will mean DeSantis will have picked five of the court’s seven members, a potentially crucial factor for the future of abortion laws in the state.The panel is expected to hear arguments later this year in a lawsuit challenging the validity of Florida’s existing 15-week abortion limit. A ruling to endorse it would open the way for the more extreme six-week ban to take effect.The Tampa Bay Times on Wednesday named other candidates vying for the seat, including Meredith Sasso, chief judge of the sixth district court of appeal, of which Smith is a member; and another appellate court judge, John Stargel, a Republican state representative.Significantly, Stargel was the only dissenting vote in the 2-1 decision that overturned Smith’s ruling blocking the teenager’s abortion.DeSantis began his transformation of the Florida supreme court immediately after taking office in 2019, appointing three justices in his first month. John Stemberger, president of the Florida family policy council, said at the time the court had “the potential to have the most reliably consistent and conservative judicial philosophy in the country”.DeSantis’s fourth pick, in August last year, was Renatha Francis, a Jamaica-born immigrant whose first judicial appointment was under DeSantis’s predecessor, Rick Scott, now a Republican US senator.DeSantis tried and failed to elevate her to the supreme court two years earlier, with justices ruling he exceeded his authority by naming a judge lacking the 10 years’ membership of the Florida Bar required by the state constitution.According to the Times, only three candidates applied after Polston, who the newspaper described as “reliably conservative”, announced his resignation in March.A slew of other judges and experienced prosecutors put their names forward on 4 April, when the nominating commission decided to extend the deadline. More

  • in

    Is a 6-Week Abortion Ban a Disaster for DeSantis? Two Theories.

    There were plenty of midterm elections where Republicans didn’t seem to pay a price over new abortion restrictions.Gov. Ron DeSantis of Florida. Will the abortion issue define him?Eze Amos for The New York TimesAfter the liberal triumph in this month’s Wisconsin Supreme Court race, you probably don’t need much convincing that abortion rights can be a big political winner for Democrats.But after Gov. Ron DeSantis of Florida signed a law last week banning abortion after six weeks of pregnancy, it is worth considering another set of races: the elections where Republicans didn’t seem to pay a stiff political price for new abortion restrictions.Surprisingly, Republicans tended to fare just as well in the midterms in the states where abortion was recently banned as they did in the states where abortion remained legal.This is a little perplexing. There isn’t a definitive explanation, but I’ll offer two basic theories. Depending on your preferred answer, Mr. DeSantis’s anti-abortion stance may be an electoral death wish — or abortion simply may not be quite as helpful to Democrats as it seems based on the highest-profile elections, like the recent Wisconsin Supreme Court race.Oddly enough, Wisconsin offers a stark example of how abortion may not always help Democrats. Abortion was banned there after the Dobbs decision, but in the midterms Republican candidates for U.S. House still won more votes than Democrats in a state Joe Biden carried in 2020. The Republican senator Ron Johnson won re-election as well. The Democratic governor, Tony Evers, won re-election by three percentage points — a fine performance, but not a Democratic romp.It’s worth noting the unusual circumstances of Wisconsin’s abortion ban. The law banning abortion was originally enacted in 1849 — not by today’s Republicans — and went info effect after Roe v. Wade was overturned, giving the G.O.P. some maneuvering room. The Republican state Legislature argued for adding exceptions; Mr. Johnson pushed for an abortion referendum. Perhaps Republicans in the state just weren’t seen as responsible for the ban.But Wisconsin isn’t alone. A similar story played out in Texas, Ohio, Iowa, Indiana, Missouri and Georgia. In some of these states, Republican governors enacted bans or other major restrictions that went into effect after the Dobbs decision. In others, Republican bans were blocked by the courts. But in all of them, Republicans nonetheless posted average to above-average midterm results.In fact, there was only one state — West Virginia — where abortion was banned and where Democrats posted well above-average results in House races. Overall, Republican House candidates outran Donald J. Trump by a typical or above average amount (six points or more) in 10 of the 13 states where abortion was banned after Roe.What makes sense of this pattern? Of the two basic possibilities, one would augur well for Democrats; the other would bode better for Mr. DeSantis.Theory No. 1: It’s about demographics.Abortion is relatively unpopular in states where today’s Republicans successfully banned abortion, like Texas or Georgia. These states tend to be relatively religious states in the South. There aren’t many of the secular, white, college-educated liberal Democrats who could bring about a “Roevember” backlash.There seems to be a lot to this theory. Not only does it explain many of the cases in question, but it also fits a broader pattern from last November: Democratic strength in the House vote was somewhat correlated with support for abortion (though big Democratic failures in New York and California stand out as obvious exceptions).But this theory doesn’t quite explain everything. In particular, it doesn’t work outside the South, including in places like Ohio or Wisconsin, where we know the right to abortion is popular. That’s where it’s important to notice my qualifier: where today’s Republicans successfully banned abortion. If demographics are the predominant explanation, then the Republican resilience in the North must be because voters simply didn’t hold them responsible for banning abortion. Democrats could hope Republicans will pay a greater political cost when they unequivocally restrict abortion, like what Mr. DeSantis is doing now in Florida.Theory No. 2: When abortion is the most important issue.This is what I’ll call the salience theory: It takes a special set of circumstances for Democrats to make abortion the most important issue to voters, like a Wisconsin Supreme Court candidate who promises to represent the decisive vote to legalize abortion when an abortion case is pending before the court, or a Michigan referendum that explicitly decides the future of abortion in a state.As with the demographics theory, the salience theory is also consistent with polling and the general story of the 2022 midterms. Only a sliver of voters said abortion was the most important issue, not because abortion rights wasn’t important to them but because there were lots of other genuinely important issues at stake — the economy and inflation, crime, guns, democracy, immigration, and so on. With so many other issues, it makes sense that abortion plays only a marginal role in vote choice unless a distinct set of circumstances focuses the electorate on abortion alone.The salience theory also fits one of the patterns of the election: the highly localized results. There were states where Democrats excelled, like Michigan or Pennsylvania, even as they struggled in California or New York. Where Democrats did well, they had the fodder to focus voters on one of their best issues, like attacking stop-the-steal candidates. Where they struggled, Republicans managed to focus the electorate on an issue like crime (democracy or abortion seemed less important).It’s worth emphasizing that the salience theory doesn’t mean that abortion as an issue didn’t help Democrats in 2022. If Roe hadn’t been overturned, abortion would have been less salient everywhere and perhaps Democrats would have fared a bit worse across the board. But it would mean that Republican support for an abortion ban is not, on its own, sufficient to make abortion the predominant issue and bring stiff political costs to conservatives.While this theory offers better news for Mr. DeSantis, it would nonetheless contain a lesson for Democrats: It seems they would be wise to find creative ways to keep the electorate focused on abortion. State referendums might be one option, much as Republicans put same-sex marriage on the ballot in 2004. A campaign to pass federal abortion legislation might be another path as well. More

  • in

    For Progressive Democrats, New Momentum Clashes With Old Debates

    A push and pull between progressive and moderate Democrats is shaping the party’s policies and politics.Progressive victories in Wisconsin and Chicago have injected new momentum into the most liberal wing of the Democratic Party. But those recent electoral successes are masking deeper internal tensions over the role and influence of progressives in a party President Biden has been remaking in his moderate image.Interviews with more than 25 progressive and moderate Democratic leaders and strategists — including current and former members of Congress and directors of national and statewide groups — revealed a behind-the-scenes tug of war over the party’s policy agenda, messaging and tactics. As the party looks toward next year’s elections, its key constituencies have undergone a transformation. Once mostly white, working-class voters, Democrats now tend to be affluent, white liberals, Black moderates and a more diverse middle class.On some fronts, progressives — a relatively young, highly educated and mostly white bloc that makes up about 12 percent of the Democratic coalition and is the most politically active — have made inroads. Their grass-roots networks, including several headed by Black and Latino leaders, have grown sharply since the heights of the widespread resistance to the Trump administration. Beyond the high-profile victories in Chicago and Wisconsin, they have won under-the-radar local and state races across the country. And many of their views have moved into the mainstream and pushed the government to expand the fight against child poverty, climate change and other social ills.“We as a movement helped articulate these things, to do these things,” said Representative Pramila Jayapal, the Washington State Democrat who heads the Congressional Progressive Caucus.Yet at the same time, the activist left wing remains very much on the defensive.The negotiations with the White House on some of the most sweeping legislation fell short of the bold, structural change many of their members sought. And progressives remain locked in an old debate with their moderate counterparts — as well as themselves — over how to communicate progressive ideas and values to voters at a time when slogans like “defund the police” have come under attack by Republicans and moderate Democrats.“In 2018, our party seemed to react to Donald Trump winning in 2016, and the reaction was to go further and further left,” said Cheri Bustos, a former Illinois congresswoman who is a moderate and was a leader of the House Democrats’ campaign arm. “When politics swings far to the left or far to the right, there always seems to be a reckoning.”As Mr. Biden has signaled that he plans to run for re-election in 2024, he has been emphasizing the moderate roots he has embodied throughout much of his roughly 50 years in politics. He has replaced a key ally of the left in the White House — Ron Klain, Mr. Biden’s former chief of staff — with Jeffrey D. Zients, who some progressive groups see as too friendly to corporate interests. And he has been clashing with activists who have accused him of backsliding on his liberal approaches to crime, statehood for the District of Columbia, climate issues and immigration policy.Progressive is a label that encompasses various factions within the American left and can mean different things to different people. Broadly, progressives tend to believe the government should push for sweeping change to solve problems and address racial and social inequities. Like moderate and establishment Democrats, they support strong economic and social safety net programs and believe the economic system largely favors powerful interests.But points of tension emerge between moderates and progressives over tactics: Progressives tend to call for ambitious structural overhauls of U.S. laws and institutions that they see as fundamentally racist over incremental change and more measured policy approaches.In an interview with the socialist political magazine Jacobin, Representative Alexandria Ocasio-Cortez of New York, one of the most prominent progressive Democrats in the House, highlighted the tension by criticizing the president for making a “lurch to the right.”“I think it is extremely risky and very perilous should the Biden administration forget who it was that put him over the top,” she told the magazine, referring to the high turnout in the 2020 presidential election of young people and communities of color.Ms. Ocasio-Cortez is the rare Democratic member of Congress to publicly criticize the president. Several other progressives said they had accepted their role as having a seat at the table, though not necessarily at the head of it. Some said they believed Mr. Biden would serve as a bridge to new generation of progressive leaders, even if for now they are caught in a waiting game.Progressive Democrats helped give Brandon Johnson a narrow victory in the mayor’s race in Chicago.Evan Cobb for The New York Times“Right now, the progressives are sort of building power — it is like a silent build that is just going to explode in a post-Biden world,” said Representative Ro Khanna of California, a co-chairman of Senator Bernie Sanders’s 2020 presidential campaign. “I just can’t conceive of a situation where progressives aren’t dominating presidential elections over the next 15 years after Biden.”The victories in Wisconsin and Chicago followed a similar playbook: Thousands of volunteers knocked on doors, made calls, wrote postcards, fired off mass texts and canvassed college campuses. They shied away from slogans and divisions among Democrats and emphasized the threat of an anti-democratic, Trumpian movement on the right. They turned out diverse coalitions of voters.In Chicago that allowed progressives to propel Brandon Johnson, a once little-known county commissioner and union organizer, to clinch a narrow victory in the mayor’s race over his more conservative Democratic opponent, Paul Vallas, who ran on a tough-on-crime platform and was endorsed by a police union. In Wisconsin, where Janet Protasiewicz, a liberal Milwaukee County judge, won a high-stakes race for a seat on the state’s Supreme Court, it allowed Democrats to lean into issues that the establishment wing of the party once tended to avoid in Republican and heavily contested areas: increased access to abortion and collective bargaining rights.“I couldn’t feel more proud or feel more vindicated that the type of politics we argued for are where more Americans are at,” said Maurice Mitchell, national director of the Working Families Party, a grass-roots organization that often works with progressive Democrats and mobilized voters in Chicago and Wisconsin.Progressives have also been increasing their ranks in other places. Members of their wing now hold the mayor’s office in Los Angeles and a majority on the board of aldermen in St. Louis. They have swept into statehouses in Colorado, Connecticut and Wisconsin, where two Democratic Socialists this year revived a socialist caucus inactive since the 1930s. At the federal level, the House’s Congressional Progressive Caucus added 16 new members, bringing the total number of the organization to 102 — one of the largest ideological caucuses in Congress.But as they build their organizing power, progressives are contending with a financial framework at the mercy of boom-and-bust cycles. Major gifts from donors or progressive attention to a cause du jour can draw sudden revenue windfalls and then dry out. In the Trump years, some grass-roots groups had explosive growth as progressives rushed to combat Trump policies, elevate a younger and more diverse crop of candidates and help fuel a national reckoning with racism. By the 2022 midterms, some progressive candidates and groups were having to rewrite budgets, considering laying off staff members and triaging outreach programs and advertising as donations slowed.In Georgia, the Asian American Advocacy Fund, which focuses on mobilizing Asian American voters, went from having six full-time employees and a budget of roughly $95,000 in 2018 to a staff of 14 and a budget of $3 million in 2022. Its executive director, Aisha Yaqoob Mahmood, said the boom allowed the group to run better programs but also made those projects harder to sustain when donations ran low. The group was among several in swing states that struggled in 2022 to get political canvassing efforts off the ground as major Democratic donors cut back on their political giving.“We lost momentum, and we lost the vast majority of people who tuned into politics and tuned into elections, many maybe for the first time in their lives, because there was this villain who needed to be defeated,” Mrs. Yaqoob Mahmood said.Political analysts also warned against reading too much into progressive gains in areas that already lean liberal. During the midterms, the candidates who won tough midterm contests in purple places like Pennsylvania, Arizona, Georgia and Nevada largely adopted more moderate positions. And more progressive nominees who beat moderates in a number of House primaries lost in the general election.“The whole name of the game is creating a majority, and the majority makers are the moderates,” said Matt Bennett, a co-founder of Third Way, a centrist organization. Referring to progressives, he said: “They can win occasionally. But for the most part, they lose because what they’re selling isn’t what Dems want to be buying.”Janet Protasiewicz, a liberal Milwaukee County judge, defeated a conservative opponent for a seat on the Wisconsin Supreme Court.Jamie Kelter Davis for The New York TimesAs Mr. Trump vies for the 2024 Republican presidential nomination, with multiple investigations hanging over his campaign, both moderate and progressive Democrats said they were forming a united front against a common foil and on issues where there is less division within their party, like abortion and protecting democracy. But for progressives, that has still meant a delicate dance about who they are.In Pennsylvania, John Fetterman, successfully campaigning for Senate last year, argued that he was not a progressive but “just a Democrat.” In Virginia, Jennifer McClellan, who became the first Black woman to represent the state in Congress, has called herself a “pragmatic progressive,” emphasizing her decades of working across the aisle.The stakes are especially high for progressives in Arizona, where a fierce race is expected over Senator Kyrsten Sinema’s seat, after she left the Democratic Party in December to become an independent. Ms. Sinema flipped a Republican-held seat by hewing to the center and relying on progressive groups that turned out a large coalition of Democratic and independent voters.Now, Representative Ruben Gallego of Phoenix, a member of the progressive congressional caucus, is running for the seat.In some ways, Mr. Gallego is a bona fide progressive. He has been promoting policies like expanding affordable health care, enacting a permanent child tax credit and increasing wages. In other ways, he is reluctant to openly embrace the progressive brand, preferring instead to talk about his vision for Arizona or his experience as a Marine combat veteran and former construction worker as a way to help bring those working-class Latinos who now vote Republican back into the Democratic fold.Asked if he sees himself as a progressive, Mr. Gallego said, “I see myself as someone who has been a worker and a fighter for working-class families.” He added, “We are not going to be focusing on D.C. labels.”Susan Campbell Beachy More

  • in

    ‘A gamechanger’: this simple device could help fight the war on abortion rights in the US

    Joan Fleischman has always had people flying in from across the world to her private abortion practice in Manhattan. In the two decades her clinic has been open, she has seen clients from far-flung places, such as Ireland, the Bahamas and Mexico, who couldn’t get abortions in their home countries. In the last year, that changed. Since the US federal right to abortion was overturned in June 2022, she is now more likely to see patients flying in from her own country.Often they are from Texas, sometimes Ohio, or Florida. Some with links to the city, others with none.After years of providing abortion care, Fleischman, 60, still finds these trips shocking. “Usually if somebody needs unusual medical care, they are willing to fly around the world for it – like for advanced neurosurgery or something. It’s always struck me as incredible that people are flying to me for the most simple procedure.”There’s a reason people fly to see Fleischman. She provides abortions through manual uterine aspiration – using a small, hand-held device to remove pregnancy tissue. The device is gentle enough that the tissue often comes out almost completely intact. It is also a quick and discreet procedure where a patient might be in and out of the door in less than an hour.Fleischman is co-founder of the MYA Network, a network of primary care clinics and clinicians in 16 states. They believe the tool could be radical in the hands of more primary care clinicians – clinicians they are amping up to train.The time to do that, they say, is now. The future of mifepristone, a major abortion pill used in more than half the abortions in the US, is in question due to a lawsuit brought by anti-abortion groups seeking to overturn the FDA’s approval of the drug. It could be determined by the same supreme court that ruled last year to overturn Roe v Wade. Manual aspiration is not new: it is used by many big abortion clinics across the US. But those are are notoriously over-stretched. In 2020, before Roe v Wade was overturned, 38% of reproductive-aged women lived in counties with no abortion provider at all.Especially given the threat to mifepristone, the MYA Network believes that primary care clinicians, who are vastly more common than abortion providers, are well-placed to help.But while more than 73% of primary care doctors believe abortion care to be within their scope of practice, a tiny fraction – less than 10% – of primary care doctors actually provide it.The network is planning to unveil an online curriculum and in-person trainings for the procedure, which many of the clinicians and institutions in the network have already been doing in their own states.“The number of clinicians who could be trained would be limitless,” says Michele Gomez, one of the doctors in the MYA network of clinicians.“There are so many clinicians out there who want to do something to help but just don’t know how, and this information and support could be a gamechanger.”As a young woman, Joan Fleischman often felt compromised. She frequently traveled overseas as a teenager to do basic aid work with a volunteer group, and would feel fear and humiliation from the unwanted sexual attention she would receive. That was the beginning of her understanding, as she describes it, of the constant vulnerability women walk around with.By the age of 18, Fleischman had her first abortion – an experience she describes as routine, mundane even. The pregnancy came as she started her first year at the University of Chicago, and was the least of her concerns. “It was a no brainer. I was like, ‘Pregnant? Nope, I’m going to be a doctor.’ So I went to Planned Parenthood and took care of it,” says Fleischman.It wasn’t until she started providing abortions that she even thought about the experience again.Fleischman was in her 30s, living in New York and already trained as a family practice doctor, when she saw an advertisement offering to teach doctors how to do surgical abortions.“I realized that after all these years in training, I’d never got to even see an abortion. I had saved lives, helped people at the height of the Aids crisis. I had delivered babies. These are things a family doctor does,” she says. “I was like, ‘why? That’s ridiculous.’ That’s where the passion started.”Fleischman took up more training, learning to perform abortions at a Planned Parenthood, in 1995.Planned Parenthood – as Fleischman pointed out herself – is the place where people “go to get it done”. It is a vital lifeline for many people, providing hundreds of thousands of abortions every year, many to low-income and uninsured clients.But the efficiency of their service contrasted with Fleischman’s training as a family doctor – which emphasizes the importance of the doctor-patient relationship. She was used to that relationship entailing a level of intimacy – her work involved home visits with patients, and entering lifelong relationships with them and their families.Fleischman recalls her Planned Parenthood training:“Women went station to station. They got their blood drawn, and then they sat in a little waiting room with other people. They got their ultrasound; they sat in another little waiting room, always with paper gowns on. They had been fasting for the whole night before. They saw a counsellor. Then they were in a bigger waiting room. And then they got called by name, to come in for their procedure. The surgeon went from room to room to room, doing 50-60 abortions a day.”She wanted to personalize the experience. For patients to be able to come in with their partners, to be talked through their options and their concerns, fully. “I just felt so disconnected. It seemed to me that the doctor was really a technician emptying uteruses,” she continues.“I was like, ‘I want to create a different model. I want people to have a different experience going through this’.”As the US is learning, ethical quandaries always arise when abortion is banned: what to do for the woman who turns up septic after a failed, self managed abortion? How to deal with life-threatening pregnancies that require intervention but also require an abortion? What about cases of rape, incest or pregnant children?Essentially: how much pain is the state willing to impose on people when it restricts reproductive freedom?In Bangladesh, a sort of answer to some of these questions came following the 1971 civil war, during which soldiers abducted Hindu and Bihari Muslim women and set up rape camps. Pregnancy as a result of rape skyrocketed; in the following years, suicide and maternal mortality also shot up. Abortions, of course, did not stop happening. In 1978, while abortion remained illegal, an estimated 800,000 abortions took place in the country, resulting in around 8,000 deaths.“Menstrual regulation”, as it came to be known – using the same manual aspiration technique that Fleischman now uses – became a sort of legal loophole, allowing safe abortions for early pregnancies.By 1974, menstrual regulation was legal and by 1979, Bangladesh started providing the procedure through its national family planning program.Now, one might walk through a busy street in Bangladesh and find a sign advertising menstrual regulation in a country where, at least officially, abortion is only allowed in life-threatening situations. A woman simply comes in and explains she has missed her period. She doesn’t take a pregnancy test before the procedure, and nobody asks her to. As long as she sees the clinician before 12 weeks, they will “restore her period” for her.“It’s just a clever policy, a wink and a nod – everybody knows what’s going on. It’s kind of a recognition that women need this care,” says Bill Powell, a senior medical scientist at IPAS, an international organization that trains medical professionals across the world to use manual aspiration.It also gives doctors discretion without explicitly violating the law. “They say: ‘I know if I don’t provide this care, this woman is going to go off and do something that is unsafe, and she’ll be back to my facility ill, needing emergency care, so therefore, I am saving her life by providing this procedure’,” Powell explains.Fleischman, who worked in Bangladesh in her youth, and her colleagues in the MYA network are adamant they are only proposing manual aspiration be used legally in the US – for abortion care where it is legal, and miscarriage management where it is not. But its use in ordinary medical settings could still provide a radical opportunity in the US, she says, by expanding the number of clinicians who can easily perform the procedure up until 12 weeks.Others have touted this idea, in a slightly different way: anyone can learn to use a manual aspiration device, and manage their own abortions, some activists argue. All they need to learn to do is to insert a cannula, which is like a large straw, through the natural opening of the cervix, and then attach the aspiration device. The device is like a syringe, which creates a vacuum. Once the pressure is released, the contents of the uterus are gently removed. The self-management option has other advantages – like cutting out the middle man in a climate where doctors are increasingly scared to provide abortion care, and equipping people with self knowledge when the future of access to abortion is unclear.Fleischman understands the necessity of self-managed abortion, especially in places where the procedure is illegal. But she believes that after receiving care, people should always be able to follow up with a clinician who knows their case if anything goes wrong, or even if it doesn’t. It dismays her that people are living in a climate in the US where they might not have that option; where people might be too scared to look for help; and where they may suffer with complications alone in the rare instances when something does go wrong.In states where abortion is legal, manual aspiration provides the opportunity to treat abortion like mainstream medicine, rather than something that’s siloed into abortion clinics, which are visible, small in number and under constant threat.The case brought by anti-abortion groups against the FDA’s approval of mifepristone – which is one of two abortion drugs used in more than half of all abortions in the US – will almost certainly be decided by the supreme court. The uncertainly over its future, Fleischman argues, could make the expanded use of manual aspiration critical to preserving abortion and miscarriage care.Some providers may switch to abortions using only the second drug, misoprostol. But misoprostol-only abortions are slightly less effective, and more often require care for incomplete abortions. That could result in straining already stretched abortion clinics, which will likely have more people knocking at their doors for both surgical abortions and follow-up care.With manual aspiration on the other hand, doctors can be mostly certain that the procedure is complete before the patient leaves the state.And in states with bans, clinicians could be trained to use the device to treat miscarriages. “It’s useful even where you are not allowed to provide induced abortion care … [to treat] miscarriage, or spontaneous abortion,” explains Ian Bennett, a family planning doctor who is part of the MYA network and a professor at the University of Washington.Bennett trains several dozen students a year in manual aspiration, teaching them the procedure as part of their regular medical training, and says students are actively seeking out this instruction in the new, post-Roe environment.Students “are selecting programmes where abortion care is integrated into their training, even over some that might be more prestigious,” he says.Clinicians in areas that border states with bans, which have seen big increases in demand for abortion services as a result, are also a target for training, as are “red parts of blue states”, explains Gomez. Clinicians in states where abortion is legal, who want to do something to fight the war on abortion could easily do so by integrating abortion into their practices, Fleischman and her colleagues say.“It’s done in a couple of minutes,” explains Fleischman.“When it’s done, you know that it’s done. There’s very few bleeding issues. You walk into an office, and an hour later, it’s resolved. I have people flying in and out of Dubai for this procedure. They schedule the appointment, they come in, and they depart that afternoon,” she continues.“There’s absolutely no reason this shouldn’t just be part of regular medicine.” More