Abortion

Subterms

    More stories

    • 163 Shares199 Views

      in US Politics

      ‘It’s a scary time’: Florida Democrat vows to keep fighting six-week abortion ban

      by

      Last week, Lauren Book, the top Democrat in the Florida senate – was placed in handcuffs, arrested and charged with trespassing, after refusing to leave an abortion rights demonstration near the state capitol building in Tallahassee.Hours before, Republican lawmakers in the state senate advanced the legislation, which would dramatically restrict the state’s current ban on abortion from 15 weeks of pregnancy to six weeks – before many women even realize they’re pregnant. Critics say the narrow window would amount to a “near-total” ban on abortions in the state.The bill would have far-reaching implications across the south. After the supreme court’s decision to eliminate a woman’s constitutional right to an abortion, Florida became a haven for women seeking reproductive care from states where access was prohibited or severely restricted, including Louisiana and Alabama.“It’s a scary time,” Book told the Guardian ahead of the vote. “Women are being put in very, very dangerous situations to get the healthcare they need and deserve.”Republican dominance in the state legislature means the bill’s fate is “all but sealed”, she acknowledged. The Republican-controlled house is expected to give the bill final approval as soon as this week. It will then be sent to Governor Ron DeSantis, a Republican who is widely expected to run for president and who has signaled his support.But Book, who has led the opposition to this bill in the state senate, vowed to keep fighting – as a political leader and, she said, as a mother furious that her twins – a boy and a girl – no longer have the same rights to bodily autonomy.“In the course of just two generations, we’ve seen our rights won and lost,” she said in a floor speech last week. “It is up to us to get them back. No one is going to save us but ourselves.”Book became senate minority leader in 2021, having served in the chamber since 2017. The following year, DeSantis signed into law a ban on abortions after 15 weeks of pregnancy, without exceptions for rape or incest.A sharp backlash to last summer’s supreme court decision overturning Roe v Wade fueled a string of ballot-box successes for abortion rights and powered Democrats to victory in states across the country in the 2022 midterm elections. But not in Florida.In November, DeSantis won re-election by nearly 20 points in a state that was once a presidential battleground, while Republicans claimed a supermajority in both chambers of the state legislature.Emboldened, Republican lawmakers have advanced a dizzying array of legislative proposals that have thrilled conservatives, alarmed liberals and offered a policy platform from which the governor could launch a presidential bid.As minority leader, Book believes it is her role to rally the opposition – and help Democrats claw back power in 2024. “We are going to do the work to get the numbers out in ’24,” she said, “because the alternative is not acceptable. It’s dangerous and it is killing women.”In addition to the abortion bill, the state’s Republican lawmakers are pressing forward with legislation that would impose new controls on trans youth, limit drag performances, ease media defamation suits, expand the state’s controversial “Don’t Say Gay” law, ban diversity and equity programs at public universities and colleges, place new restrictions on public-sector unions, and allow a divided jury to impose a death sentence. Already this session, DeSantis signed a law expanding Florida’s school voucher system, and another allowing Floridians to carry a concealed weapon without a permit.But while DeSantis’s conservative crusade may excite his base, Book said she expects it will backfire on him.“We’re not doing the things that matter to Floridians. We’re not doing the things that make life here better,” she said, arguing that the legislature should be focused on tackling the rising cost of property insurance. “Instead, we’re attacking small groups of people, we’re taking away women’s rights, all under the banner of freedom and allowing this guy to run for president.”The governor’s office did not respond to a request for comment.With the abortion bill barrelling toward the governor’s desk, Book said she and her Democratic colleagues are using every legislative tool at their disposal to draw attention to the “dangerous consequences” of the legislation.They offered numerous amendments, including one that would allow women seeking abortions to cite religious exemption. Another put forward by Book would have renamed the so-called “Heartbeat Protection Act” to the “Electrical activity that can be manipulated to sound like a heartbeat through ultrasound protection at the expense of pregnant people’s health and well being act.” All were rejected.When the bill came before the senate health policy committee for debate, Democrats extended the session so medical providers and opponents would have more than the allotted “30 seconds” to testify, Book said. In speeches, she shared the stories of women, including a constituent, who faced life-threatening complications after the loss of desired pregnancies because their states new abortion restrictions prevented doctors from administering miscarriage care.skip past newsletter promotionafter newsletter promotionAnd last week, senate Democrats engaged in an emotional floor debate ahead of the senate vote on the six-week ban. From the public gallery overlooking the chamber, protesters repeatedly disrupted the proceedings, shouting down lawmakers who spoke supportively of the legislation. Several were removed before the senate president ordered the gallery cleared.The displays of opposition have had little effect.State senator Erin Grall, a Republican sponsor of the bill, said during the debate that “bodily autonomy should not give a person the permission to kill an innocent human being”. Republicans have sought to emphasize that the measure allows for exceptions in cases of rape, incest or human trafficking until 15 weeks of pregnancy – additions DeSantis has called “sensible”.Critics counter that the exceptions are narrow, noting that the proposal will require victims to “provide a copy of a restraining order, police report, medical record, or other court order” before they can receive an abortion.Book, a sexual assault survivor, says the paperwork requirement will keep women from seeking care. “Show your documents to prove that you were raped?” Book said. “You don’t even need to do that now to carry a gun.”The bill’s proponents also tout provisions that would expand funding for anti-abortion pregnancy centers and provide families car seats, cribs and diapers. Book called the initiatives “insulting”.“You’re going to give them car seats or a crib? What about healthcare? What about child care? Those are things that people need,” Book said. “They’re not pro life. They’re pro-birth.”Book sees a backlash brewing in Florida, though it won’t come in time to stop Republicans from passing the ban.According to a recent survey by the Public Religion Research Institute, nearly two-thirds of Floridians believe abortion should be legal in most or all cases. Another poll published last month found that roughly three in four Florida voters, including 61% of Republican respondents, say they oppose a six-week abortion ban with no exceptions for rape or incest. (Notably, the measure that passed the Florida senate does allow for exceptions, which was not asked as part of the polling question.)Activists on both sides of the abortion debate are, meanwhile, waiting on a decision by the Florida supreme court, which is weighing a challenge to the state’s current 15-week ban. The six-week proposal would only go into effect if the 15-week ban is upheld.Book said she would like to see the matter settled by Florida voters in the form of a ballot initiative, like it was in Michigan and other states. In the meantime, she is urging women in Florida and around the country “not to take matters into your own hands”.Protesters have once again gathered in Tallahassee, as the Republican-controlled house charges ahead with a debate on the measure scheduled for Thursday. Among them will be Nikki Fried, chair of the Florida Democratic party, who was arrested alongside Book last week. For Book, the women’s resistance is proof that however bleak it may appear now, the fight for abortion rights in Florida is only just beginning.“​I’m heartened by the women who are now occupying Tallahassee and not going quietly into the night,” she said. “I think that is emblematic that this is not over.” More

    • 125 Shares139 Views

      in Elections

      The Republican Strategists Who Have Carefully Planned All of This

      by

      Republican leaders are now adopting increasingly autocratic measures, using the police powers of government to impose moralized regulations, turning private citizens into enforcement officers and expelling defiant elected Democrats just as county Republican parties, particularly in western states, are electing militia members, Christian nationalists and QAnon believers to key posts.Here’s one example. Last November, the Republican Party of Clackamas County in Oregon chose a new vice chairman, Daniel Tooze, a Proud Boy from Oregon City, and Rick Riley, head of the county chapter of Take Back America, which denies the results of the 2020 presidential election, as chairman. Oregon Public Broadcasting reported that in central Oregon’s Deschutes County, the local Republican Party chose Scott Stuart, “a member of the county chapter of People’s Rights, a nationwide network of militia groups and anti-government activists founded by conservative firebrand Ammon Bundy.”In June 2022, two of my Times colleagues, Patricia Mazzei and Alan Feuer, reported that “at least a half-dozen current and former Proud Boys” had secured seats on the Miami-Dade Republican Executive Committee, including two facing criminal charges for participation in the Jan. 6 attack on the Capitol:The concerted effort by the Proud Boys to join the leadership of the party — and, in some cases, run for local office — has destabilized and dramatically reshaped the Miami-Dade Republican Party that former Gov. Jeb Bush and others built into a powerhouse nearly four decades ago, transforming it from an archetype of the strait-laced establishment to an organization roiled by internal conflict as it wrestles with forces pulling it to the hard right.“On the right, support for violence is no longer a fringe position,” Rachel Kleinfeld, a senior fellow in the Democracy, Conflict and Governance Program at the Carnegie Endowment for International Peace, wrote in a November 2022 Politico essay, “How Political Violence Went Mainstream on the Right.”Those joining violent political events like the Jan. 6 insurrection, Kleinfeld continued,are more likely to be married middle-aged men with jobs and kids. Those most likely to support violence on the right feel most connected to the Republican Party. This is not a marginal movement: It is people who see violence as a means to defend their values, an extension of their political activity.Democrats are not driving today’s political violence, Kleinfeld argued,but they are at least partly responsible for driving many people into the arms of the far right. Fear is a major cause of violence. As America undergoes immense change, from a fourth industrial revolution to remaking the concept of gender, many Americans are struggling to understand why they feel unmoored, anxious and behind. Snake-oil salesmen like Tucker Carlson offer the racist Great Replacement Theory as an explanation. Rather than provide a better story, the progressive left calls people names if they can’t march to a radically new tune fast enough. No wonder that even people of color moved in 2020 toward a right that offers understanding and a sense of community.At the same time, Republican leaders are showing a growing willingness to disempower both Democratic officials and cities run by Democrats if they defy Republican-endorsed policies on matters as diverse as immigration, abortion and gun control.The expulsion of two Black state representatives by the Republican majority in Tennessee received widespread publicity this past week (one has already been reinstated by local officials and the other may be soon). But their expulsion, as spectacular as it was, is just the most recent development in a pattern of attempts by Republicans to fire or limit the powers of elected Democrats in Florida, Mississippi, Georgia and elsewhere. This includes Gov. Ron DeSantis’s decision in August 2022 to suspend Andrew H. Warren, the elected Democratic state attorney of Hillsborough County, who had signed a statement saying he would not prosecute those who seek or provide abortions.In defiance of public opinion, 22 Republican attorneys general and 67 Republican members of the U.S. House of Representatives filed amicus briefs that called on Matthew Kacsmaryk, a Federal District Court judge in Amarillo, Texas, to invalidate the Food and Drug Administration’s 23-year-old approval of the abortion pill mifepristone, which Kacsmaryk promptly went ahead and did last week. A February Ispos poll found that by a 3 to 1 margin (65-21), American adults agree that “medication abortion should remain legal in the United States,” including a healthy plurality (49-35) of Republicans.Republicans in states across the country are defiantly pushing for the criminalization of abortion — of the procedure, of abortifacient drugs and of those who travel out of state to terminate pregnancy — despite clear evidence, in the aftermath of the Supreme Court’s decision overturning Roe v. Wade, that public opinion had shifted in favor of abortion rights.According to research provided to The Times by the Kaiser Family Foundation, states that have abortion bans at various early stages of pregnancy with no exception for rape or incest include Alabama, Arizona, Arkansas, Florida, Kentucky, Louisiana, Mississippi, Missouri, Ohio, Oklahoma, South Dakota, Tennessee, Texas, West Virginia and Wisconsin.An overwhelming majority of Americans of all political persuasions believe there should be exceptions for rape and incest. An October 2022 survey of 21,730 people by the University of Pennsylvania’s Penn Program on Opinion Research and Election Studies found overall support for these exceptions at 86-14; among Democrats at 94-6; among independents at 89-12; and among Republicans at 76-24.At least three states with Republican governors — Florida, Virginia and Texas — have adopted laws or regulations empowering private citizens to enforce restrictive policies governing abortion, sex education or the teaching of critical race theory, in some cases providing bounties for those reporting abortions.Jacob Grumbach, a political scientist at the University of Washington, argues in his 2022 book, “Laboratories Against Democracy”:When it comes to democratic backsliding in the states, the results couldn’t be clearer: over the past two decades, the Republican Party has eroded democracy in states under its control. Republican governments have gerrymandered districts, made it more difficult to vote and restricted civil liberties to a degree unprecedented since the civil rights era. It is not local changes in state-level polarization, competition or demographics driving these major changes in the rules of American democracy. Instead, it is the groups that make up the national coalition of the modern G.O.P. — the very wealthy on the one hand and those motivated by white identity politics and cultural resentment on the other.When I asked him why the Republican Party had moved in this direction over the past generation, Grumbach elaborated in an email, observing that the two major elements of the Republican Party — “extremely wealthy individuals in an era of high economic inequality” and “a voter base motivated by cultural and demographic threat” — have a “hard time winning electoral majorities on the basis of their policy agendas (a high-end tax cut agenda for the elite base and a culturally reactionary agenda for the electoral base), which increases their incentive to tweak the rules of the game to their advantage.”Pippa Norris, a political scientist at Harvard’s Kennedy School, argued in an email that contemporary cultural conservatism depends on support from declining constituencies — non-college whites (as pollsters put it), evangelical Christians and other ideologues on the right — which places these groups in an increasingly threatened position, especially in the American two-party system.“At a certain point, the arc of history, which bends toward liberalism, means that traditional values among social conservatives lose their hegemonic status,” Norris wrote, which “is eventually reflected in progressive changes in the public policy agenda evident in many postindustrial societies during the late twentieth century, from the spread of reproductive rights, equal pay for women and men, anti-sex discrimination laws, passage of same-sex marriage laws, support for the international rules-based world order based on liberal democracy, free trade, and human rights, and concern about protection against environmental and climate change.”The consequences of this long-term cultural development for the losers, Norris continued, is a buildup of “resentment at the loss of the hegemony of traditional values and identities.” The problem for the Republican Party, she observed, lies in the fact that “by appealing to their shrinking socially conservative base, the Republican Party has been unable to gain a majority of the popular vote in their bid for the White House in eight of the last nine presidential elections.”The reality, Norris wrote, is:Since the early 1980s, on issue after issue, from abortion, secular values, civil rights, racial, homosexual, and gender equality, gun control, cosmopolitanism, and environmentalism, the pool of social conservatives adopting traditional views on these moral and social identity issues has been shrinking in size within the U.S. national electorate, from majority to minority status. They are running down an up escalator.With their backs to the wall, Norris argued, conservatives have capitalized oninstitutional features of U.S. elections that allow Republicans to seek to dismantle checks on executive power — including the extreme decentralization of electoral administration to partisan officials with minimal federal regulation, partisan gerrymandering of districts, overrepresentation of rural states in the U.S. Senate and Electoral College, partisan appointments in the judiciary, primary elections rallying the faithful in the base but excluding the less mobilized moderate independents, the role of money from rich donors in elections and campaigns, and so on and so forth. The Trump presidency exacerbated these developments, but their roots are far deeper and more enduring.Nicholas Stephanopoulos, a law professor at Harvard, noted in an email “that state policy outcomes are becoming more bimodal” — liberal or conservative, rather than centrist — “than in previous eras” and that the “misalignment between public policy and public opinion is pervasive in modern American politics,” particularly in red states “where public policy is far more extreme and conservative than the public wants.”In theory, the hostility of average voters to extreme issue stances can pressure politicians to move toward the center, Stephanopoulos contended, “but this aligning impact of general elections can be reduced through tactics like gerrymandering, which make it unlikely that even large swings in public opinion will much alter the composition of the legislature.”In addition, in Stephanopoulos’s view, in a highly polarized era, the pressure to moderate in order to win general elections faces growing counter-pressure to take immoderate positions in order to win primaries:There’s little that could persuade many voters to ever support the other side. And while general elections might be aligning, they’re pitted against many misaligning forces: the views of activists and donors, the need to win the primary election to be re-elected, pressure from legislative leadership, politicians’ own often extreme ideologies, and so on. It’s no surprise that the misaligning forces are often stronger.Bruce Cain, a political scientist at Stanford, made the argument by email that “Given the clustering of communities along political, cultural, and social lines in the United States presently and the dispersion of powers in American federalism, we should expect our state and local laboratories to yield a wide dispersion of products, especially when they are given more freedom to experiment.”So why don’t all states converge on the national median, as revealed by the polls? Cain asked, and answered that “There are real public opinion differences across states and local communities, especially on hot button social issues.”Ultimately, Cain continued, “If elected officials and judges get too far out of alignment with voters, they will get the message in the form of surprising electoral outcomes, as recently occurred in Wisconsin. Democrats in the seventies and eighties experienced the same on busing, crime and welfare.”Of course, Cain cautioned, “my optimism about this assumes the Republicans do not give up on elections altogether, which is more in doubt than I ever anticipated a decade ago.”Other observers of American politics are more pessimistic. Theda Skocpol, a professor of political science and sociology at Harvard, contends that many of the developments in states controlled by Republicans are a result of careful, long-term planning by conservative strategists, particularly those in the Federalist Society, who are developing tools to build what she calls “minority authoritarianism” within the context of a nominally democratic system of government.Skocpol outlined her thinking in an email:The first-movers who figured out how to configure this new “laboratory of democratic constriction” were legal eagles in the Federalist Society and beyond, because the key structural dynamic in the current G.O.P. gallop toward minority authoritarianism is the mutual interlock between post-2010 Republican control, often supermajority control, of dozens of state legislatures and the Scotus decision in 2019 to allow even the most extreme and bizarre forms of partisan gerrymandering.These organized, richly resourced actors, she wrote,have figured out how to rig the current U.S. system of federalism and divided branches, given generational and geographic realities on the ground, and the in many ways fluky 2016 presidential election gave them what they needed to put the interlock in place. They are stoking and using the fears and resentments of about half or so of the G.O.P. popular base to undo American democracy and enhance their own power and privileges. They are doing it because they can, and they believe in what they are doing. They are America’s G.O.P. Leninists.Skocpol does not pull her punches:This situation, locked in place by a corruptly installed Supreme Court majority and by many rotten-borough judicial districts like the one in Amarillo, means that minority authoritarians, behind a bare facade of “constitutionalism,” can render majority-elected officials, including the president and many governors, officials in name only. The great thing from the minority authoritarian point of view is that those visible chief executives (and urban mayors and district attorneys) can still be blamed for government non-function and societal problems, but they cannot address them with even broadly supported measures (such as simple background checks for having military assault weapons).There are a number of factors that confirm Skocpol’s analysis.First and foremost, the Republican Party’s commitment to democratic values and procedures has been steadily eroding over the past two decades — and the momentum has accelerated. The brakes on extremism are failing, with Donald Trump gaining strength in his bid for renomination and the continuing shift to the right in states like Tennessee and Ohio.Second, in bright-red states, the embrace of far-right positions on such issues as abortion, guns, immigration and election denial is now a requirement rather than a choice for candidates seeking office. At the same time, in purple states like Arizona and Pennsylvania, a hard-right posture may be a liability in the general election, even as it is often mandatory in a primary contest.The 2024 presidential election, if it is close, will test the viability of a mainstay of Republicans’ current anti-democratic strategy: a drive to empower state legislatures to overturn election results. In August 2021, ABC News reported that eight states have enacted legislation shifting power over determining election results to legislatures or partisan boards: Arizona, Georgia, Texas, Florida, Arkansas, Kansas, Montana and Kentucky.The ability of state legislatures to determine the winners and losers of elections now hangs on the outcome of a pending Supreme Court case, Moore v. Harper, which will determine the constitutionality of a fringe legal theory promulgated by the right, the so-called independent state legislature doctrine.What’s at stake?In a 2021 essay, “Trump Is Planning a Much More Respectable Coup Next Time,” Richard Hasen, an election expert who is a law professor at U.C.L.A., wrote:A state legislature dominated by Republicans in a state won by Democrats could simply meet and declare that local administrators or courts have deviated from the legislature’s own rules, and therefore the legislature will take matters into its own hands and choose its own slate of electors.Put another way, according to Hasen:The Jan. 6 insurrection, and Trump’s actions trying to change the Electoral College votes in five states, was an attempted coup built on the Big Lie of voter fraud. But the potential coup next time will come in neatly filed legal briefs and arguments quoting Thomas Jefferson and wrapped in ancient precedents and purported constitutional textualism. It will be no less pernicious.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

    • 275 Shares99 Views

      in US Politics

      To protect abortion access, the FDA should decline to enforce a mifepristone ban | David S Cohen, Greer Donley and Rachel Rebouché

      by

      On Friday, the nation faced dueling decisions from federal judges regarding the first drug in a medication abortion: mifepristone. A judge in Texas ruled that the Food and Drug Administration (FDA) likely improperly approved the drug, putting mifepristone’s approval on hold while the case plays out (though this order won’t take effect until late Friday this week). Minutes later, a judge in Washington state ruled that the FDA could not change the status quo regarding mifepristone’s availability.In response to these two cases and two other less-publicized cases involving the FDA and medication abortion, the agency needs to chart a course consistent with its mission to protect patient health and to follow the evidence. As the Biden administration has stated, protecting medication abortion is a public health imperative now that states can ban all abortion outright. If the agency does not respond to these conflicting rulings in a manner tailored to provide the greatest access possible to medication abortion, it will be telling of Biden’s commitment to reproductive justice.Though the case in Texas has garnered enormous attention, it is not the only case thrusting the FDA into the center of the abortion debate. The others have the opposite goal of improving access to the drug. The litigation in Washington state, not widely discussed until Friday, centered around the FDA’s special and onerous regulation of medication abortion. Eighteen state attorneys general sued the FDA arguing that the agency’s overregulation is not justified by the statute or the drug’s safety and must be lifted. If successful on appeal, this would ensure mifepristone is treated like other prescription drugs – prescribed through any provider and accessible at any pharmacy.Plaintiffs in two other cases are pushing even further, trying to use the FDA’s special regulation of mifepristone to argue that a state cannot ban or overregulate the drug. These lawsuits, filed respectively by the generic manufacturer of mifepristone in West Virginia and a physician in North Carolina, might restore access to medication abortion across the country. The plaintiffs argue that federal approval of mifepristone trumps state abortion laws, essentially forcing all states to allow medication abortion as regulated by the FDA.The FDA is caught in the crosshairs. Though the agency prides itself on scientific independence and seeks to avoid the appearance of partisanship, any reaction the agency has to these cases – even a decision not to act – will appear political to one side. Nonetheless, the FDA must push forward to ensure access to this critical drug.Starting with the two cases just decided, the agency can comply with both by announcing that it will exercise enforcement discretion. Enforcement discretion allows the agency to provide safe harbor for technical violations of law. So even if mifepristone becomes an unapproved drug per the Texas order, the agency could announce that it would not pursue action against the entities that market or dispense the drug to maintain the status quo as required by the Washington case.This would not require the agency to “ignore” the Texas order, as some have suggested. Rather, enforcement discretion is a normal part of the FDA’s operation and only relevant if the drug becomes unapproved as ordered. The FDA could exercise this discretion without being ordered to by the Washington court, but the Washington case provides enormous political cover for the agency to use this discretion.Repercussions for patient and public health could result from the FDA failing to clearly exercise its enforcement discretion. Clinicians may turn to a different medication abortion regimen that does not include mifepristone and is outside of current FDA regulation. Though alternative regimens will be vital to maintaining abortion access if mifepristone becomes inaccessible, they are slightly less effective and, more importantly, will upend what has been the uniform, established protocol for a medication abortion in the United States for over two decades. Relatedly, confusion is sure to reign after the Texas decision unless the FDA speaks in a clear and timely voice. Already, certain abortion providers have indicated that they will continue to dispense mifepristone regardless of the order in Texas unless the FDA tells them they cannot.As requested by plaintiffs in the Washington case, the FDA could also start the process to remove the unnecessary barriers to accessing mifepristone, which every relevant medical organization agrees are not medically necessary. These barriers make abortion less accessible without any benefit for patient safety. Though the FDA has repealed parts of these unduly restrictive rules over the last decade, the FDA should abandon the remaining restrictions, which are also contradicted by the best evidence. These policies do not make the agency seem evenhanded; they make it seem unscientific. The agency should not wait for the Washington court to order this – it should start the process now.In the pre-emption cases, the FDA could help the effort to restore access to early abortion in states with abortion bans by embracing the theory that the federal agency’s regulation of medication abortion trumps state law. The Department of Justice has already signaled its agreement, but the FDA has been silent. The FDA has spent decades assessing the risks and benefits of medication abortion, examining and re-examining the evidence even decades after its approval in 2000. States should not be able to override that authority and create a public health crisis by banning a safe and effective medication.The agency, however, has appeared unwilling to remove the remaining unnecessary barriers to mifepristone or support pre-emption at this juncture. Indeed, it has said nothing about pre-emption and is opposing the attorneys general in the Washington case – a fact that may surprise people who think the Biden administration is doing all it can to support abortion access. Given the current public health crisis, the FDA must be bolder in its support of reproductive healthcare.Try as it might, the FDA cannot escape the abortion debate. Instead of trying to play both sides, the agency must act now by following the science and protecting the public’s health to the best of its ability. Protecting access to safe abortion is the way to do that.
      David S Cohen, a law professor at Drexel University, is a co-author of Obstacle Course: The Everyday Struggle to Get an Abortion in America, a board member of the Abortion Care Network and a consulting attorney with the Women’s Law Project
      Greer Donley is a law professor at the University of Pittsburgh and a board member of the Women’s Law Project
      Rachel Rebouché is the dean of the Temple University Beasley School of Law and a faculty fellow at the Center for Public Health Law Research More

    • 150 Shares179 Views

      in US Politics

      Fate of US abortion drug hangs in balance ahead of Friday deadline

      by

      FDA authorization for a key abortion drug could be nullified after Friday, unless an appeals court acts on a Biden administration request to block last week’s ruling suspending approval of the drug.The drug, mifepristone, is used in more than half of all the abortions in the US. The ruling, issued by a federal judge in Texas, applies across the country.Writing that the ruling would “inflict grave harm on women, the medical system, and the public” if it went into effect, the Department of Justice on Monday requested the fifth US circuit court of appeals temporarily block Judge Matthew Kacsmaryk’s ruling while the appeals process plays out.The issue may ultimately fall into the hands of the US supreme court and its conservative supermajority, which eradicated abortion rights last year by overturning Roe v Wade.Kacsmaryk stayed his decision for seven days to allow the Biden administration time to appeal. Shortly after the ruling from Texas, Obama-appointed Washington district judge Thomas Rice issued a contradictory ruling that directs the FDA to keep the drug available in 17 states.The dueling opinions set the stage for the supreme court to possibly intervene.“On one hand, you have a ruling that says to defer to the expertise of the FDA and keep the status quo while another says to second-guess the FDA with junk science,” says David S Cohen, law professor at Drexel University, who focuses on reproductive rights.“When you have different rulings from different federal courts it is more likely for the US supreme court to get involved.”The New Orleans-based appellate court is one of the most conservative in the US. Republican appointees comprise three-quarters of its bench, with six judges nominated by former President Donald Trump. The court has routinely ruled against the Biden administration and on behalf of Texas’s abortion laws.If the appeals court declines to put a hold on Kacsmaryk’s ruling, then the Biden administration would likely appeal to the high court.“It’s possible that the mifepristone issue makes its way to the [Supreme] Court this week, either because the Fifth Circuit refuses to even temporarily pause Kacsmaryk’s ruling, or because it takes too long to do anything,” writes Steve Vladeck, a constitutional law professor at The University of Texas.In his ruling, Kacsmaryk echoed the arguments of the anti-abortion groups that brought the case, writing that the FDA disregarded science that the drug causes harm, despite repeated studies finding it extremely safe. Legal experts say that the decision – the first time the judiciary has intervened to overturn FDA approval of a drug – could create a precedent that throws the entire drug approvals system into disarray.More than 250 pharmaceutical and biomedical companies who strongly denounced Kacsmaryk’s ruling in an open letter and warned that it could upend the FDA approval process as well as the entire US healthcare system.“Judicial activism will not stop here,” they cautioned. “If courts can overturn drug approvals without regard for science and evidence, or for the complexity required to fully vet the safety and efficacy of new drugs, any medicine is at risk for the same outcome as mifepristone.”Mifepristone is used for abortion, miscarriage management and other medical care. If access to the drug is upended, abortion providers have said they will continue to prescribe the second of the two-drug protocol for abortions. However, that drug, misoprostol, has been found to be somewhat less effective and associated with more painful side effects than the combination of pills.With the mifepristone in doubt, the Biden administration asked Rice, the district judge in Washington, for clarification on how to proceed if the Texas ruling goes into effect, given that his decision orders the government to take no action that would hinder its availability.Legal experts have argued that the FDA does not need to enforce Kacsmaryk’s ruling, even if it goes into effect.The ruling does not formally compel the FDA to seize the pills and take them off the market, Cohen says, and leaves the door open for the Biden administration to apply what’s called “enforcement discretion”, which would entail issuing guidance protecting the distribution of mifepristone. In the past, the FDA has granted drug manufacturers this type of safe harbor even in the absence of agency authorization, including for infant formula.“The ruling does not force the FDA to do anything,” says Cohen. “It’s up to the FDA to determine what to do next. They can use enforcement discretion to protect access to mifepristone. We shouldn’t read into Kacsmaryk’s ruling as having more power than it does – it is limited – and there’s a huge amount of authority the FDA can retain.” More

    • 163 Shares169 Views

      in Elections

      Pressured by Their Base on Abortion, Republicans Strain to Find a Way Forward

      by

      Some in the party are urging compromise, warning of dire electoral consequences for 2024, while other stances, on guns and gay rights, also risk turning off moderates.Republican leaders have followed an emboldened base of conservative activists into what increasingly looks like a political cul-de-sac on the issue of abortion — a tightly confined absolutist position that has limited their options ahead of the 2024 election season, even as some in the party push for moderation.Last year’s Supreme Court decision overturning a woman’s constitutionally protected right to an abortion was supposed to send the issue of abortion access to the states, where local politicians were supposed to have the best sense of the electorate’s views. But the decision on Friday by a conservative judge in Texas, invalidating the Food and Drug Administration’s 23-year-old approval of the abortion pill mifepristone, showed the push for nationwide restrictions on abortion has continued since the high court’s nullification of Roe v. Wade.Days earlier, abortion was the central theme in a liberal judge’s landslide victory for a contested and pivotal seat on the state Supreme Court in Wisconsin. Some Republicans are warning that the uncompromising position of their party’s activist base could be leading them over an electoral cliff next year.“If we can show that we care just a little bit, that we have some compassion, we can show the country our policies are reasonable, but because we keep going down these rabbit holes of extremism, we’re just going to keep losing,” said Representative Nancy Mace, Republican of South Carolina, who has repeatedly called for more flexibility on first-term abortions and exceptions for rape, incest and the life and health of the mother. “I’m beside myself that I’m the only person who takes this stance.”She is far from the only one.The chairwoman of the Republican National Committee, Ronna McDaniel, has been showing polling to members of her party demonstrating that Americans largely accept abortion up to 15 weeks into a pregnancy and support the same exemptions that Ms. Mace wants. Dan O’Donnell, a conservative radio host in Wisconsin, wrote after the lopsided conservative defeat in the state Supreme Court contest that abortion was driving young voters to the polls in staggering numbers and that survival of the party dictated compromise.“Because we keep going down these rabbit holes of extremism, we’re just going to keep losing,” said Representative Nancy Mace of South Carolina, a Republican who supports flexibility on abortion rights.Kenny Holston/The New York Times“As difficult as this may be to come to grips with, Republicans are on the wrong side politically of an issue that they are clearly on the right side of morally,” he wrote.The problem goes beyond abortion. With each mass shooting, the G.O.P.’s staunch stand against gun control faces renewed scrutiny. Republicans courted a backlash last week when they expelled two young Democratic lawmakers out of the Tennessee state legislature for leading youthful protests after a school shooting in Nashville that left six dead. Then on Monday came another mass shooting, in Louisville, Ky.“My kids had friends on Friday night running for their lives,” said Ms. Mace, referring to a shooting on South Carolina’s Isle of Palms, which elicited no response from most of her party. “Republicans aren’t showing compassion in the wake of these mass shootings.”The party’s stand against legislation to combat climate change has helped turn young voters into the most liberal bloc of the American electorate. And Republican efforts to roll back L.G.B.T.Q. rights and target transgender teenagers, while popular with conservatives, may be seen by the broader electorate as, at best, a distraction from more pressing issues.Representative Mark Pocan, an openly gay Democrat from Wisconsin, said on Monday that in the short term, the Republican attacks on transgender Americans were having a real-world effect, with a rise in violence and bigotry. But he said it is also contributing to the marginalization of the party, even in his swing state.He pointed to the “WOW counties” that surround Milwaukee — Waukesha, Ozaukee and Washington — where then-Republican Gov. Scott Walker won 73 percent in 2014, and where the Republican, Dan Kelly, won 58.7 percent in the state Supreme Court race last week.“We keep seeing our numbers increase in those counties because those Republicans largely are economic Republicans, not social Republicans,” Mr. Pocan said, adding that G.O.P. candidates “definitely are chasing their people away.”Ms. Mace does appear to be correct that her desire for compromise is not widely shared in a party where analysts continue to look past social issues to explain their electoral defeats.Ronna McDaniel, the chairwoman of the Republican National Committee, has been showing polling to members of her party about Americans’ views on abortion.Doug Mills/The New York TimesMr. Kelly was a poor candidate who lost by an almost identical margin in another state Supreme Court race in 2020, noted David Winston, a longtime pollster and strategist for House Republican leaders. And, Mr. Winston added, Republicans may have lost female voters by 8 percentage points in the 2022 midterm elections, but they lost them by 19 points in 2018.If inflation and economic concerns remain elevated, he added, the 2024 elections will be about the economy, not abortion or guns..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Republicans greeted the abortion-drug ruling on Friday, by Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northern District of Texas, with near total silence. The judge gave the Biden administration seven days to appeal, and on Monday, senior executives of more than 250 pharmaceutical and biotech companies pleaded with the courts to nullify the ruling with a scorching condemnation of Judge Kacsmaryk’s reasoning.Most anti-abortion advocates are not backing down. Katie Glenn Daniel, the state policy director for Susan B. Anthony Pro-Life America, one of the most powerful anti-abortion groups, said Wisconsin’s results were more about anti-abortion forces being badly outspent than about ideology. In her state, Florida, she noted, Democrats scorched Republicans with advertising in 2022 saying they planned to ban abortion without exceptions. Republicans, from Gov. Ron DeSantis on down, easily prevailed that November.Republicans need to keep pressing with abortion restrictions that will affect Democratic states as well as Republican ones, she said.“A national minimum standard is incredibly important. Without it there will continue to be late-term abortions, and governors like Gavin Newsom are very motivated to force his views on the rest of the country,” she said of California’s Democratic governor.Last week, the Florida State Senate approved legislation pushing the state’s ban on abortion from the current 15 weeks into pregnancy to six weeks. If the state’s House of Representatives approves it, Mr. DeSantis has said he will sign it. If Mr. DeSantis runs for president as expected, his signature would thrust abortion squarely into the 2024 race for the White House.Last year, John P. Feehery, a former Republican leadership aide in the House, urged his party to find a defensible position on abortion that included flexibility on abortion pills, allowed early pregnancies to be terminated and detailed a coherent position on exceptions for rape, incest and health concerns. He said on Monday that he was repeatedly told abortion would be a state-level issue and federal candidates should just stay quiet.“They didn’t want to do the hard work on abortion,” he said, blaming “a lack of leadership” in the party that still has the Republican position muddled.Guns are another issue where silence is not working. The shooting in Louisville, which left six dead, including the gunman, and eight wounded, kept the issue of guns in the spotlight after last week’s heated showdown in Tennessee — and ahead of a three-day gathering of the National Rifle Association on Friday in Indianapolis. The Kentucky attack was the 15th mass shooting this year in which four or more victims were killed, the largest total in a year’s first 100 days since 2009, according to a USA Today/Associated Press/Northeastern University database.“You can’t stop paying attention after one horrible event happens. You have to watch what happens afterward,” said Representative Maxwell Frost, 26, a Florida Democrat who last year became the first member of Generation Z to be elected to the House.Voices for compromise are beginning to bubble up, in some cases from surprising sources. Carol Tobias, president of the National Right to Life Committee, one of the country’s largest anti-abortion groups, said on Monday that even she was “somewhat concerned” that the Republican Party might be getting ahead of the voters on abortion. Her organization has drafted model legislation to ban abortion at the state level in every case but when the life of the mother is in grave danger. But, Ms. Tobias said, that legislation comes with language to extend those exceptions to the “hard cases,” pregnancies that result from rape or incest, or that might harm a mother’s health.“We’ve always known the American public does not support abortion for all nine months of a pregnancy,” she said. “They want some limits. We are trying to find those limits.”She added, “If we can only at this time save 95 percent of the babies, I am happy to support that legislation.” More

    • 150 Shares159 Views

      in US Politics

      ‘We will not cave’: governors stockpile abortion drugs as access is threatened

      by

      Several Democratic governors have moved swiftly to protect access to medication abortion in their states after a ruling by a Texas judge late last week threatened access to the widely used abortion drug mifepristone.In an announcement on Monday, Governor Maura Healey of Massachusetts said her state had ordered about 15,000 doses of mifepristone, the first of two drugs in a medication abortion regimen that has been approved for use up to the 10th week of pregnancy.Healey also issued an executive order that she said would help protect access to medication abortions and shield providers who perform them.In California, Governor Gavin Newsom, also a Democrat, said his state had secured an emergency stockpile of up to 2m pills of misoprostol, the second drug in the regimen that can be used safely on its own, though is slightly less effective as a single medication. That drug, which is used to treat other medical conditions, is also being targeted by anti-abortion groups seeking to remove it from the market.“In response to this extremist ban on a medication abortion drug, our state has secured a stockpile of an alternative medication abortion drug to ensure that Californians continue to have access to safe reproductive health treatments,” Newsom said in a statement. “We will not cave to extremists who are trying to outlaw these critical abortion services. Medication abortion remains legal in California.”Their actions come after US district judge Matthew Kacsmaryk, an appointee of Donald Trump known for his anti-abortion views, issued a ruling late on Friday that invalidated the 23-year-old approval of mifepristone by the Food and Drug Administration (FDA). On the same night, a federal judge in Washington state issued a contradictory ruling that ordered the FDA to maintain the drug’s approval in at least 17 states where Democrats had sued.On Monday, the US justice department appealed the Texas ruling, asking a federal appeals court to place a hold on the “extraordinary and unprecedented order”. Underscoring the legal uncertainty surrounding the dueling orders, the administration separately asked the federal court in Washington state for clarity.With access to the drug imperiled, and Democrats stymied in Washington by the Republican majority in the House of Representatives, a handful of liberal state governors said they were taking matters into their own hands.“A judge has made a politically motivated decision to override doctors, patients and medical experts and block access to critical medications,” Healey said on Monday, unveiling the plan at a press conference outside the Massachusetts statehouse in Boston. “Today, we collectively are saying loud and clear: not on our watch.”In anticipation of the Texas ruling, the Democratic governor of Washington, Jay Inslee, announced last week that his state would stockpile a three-year supply of mifepristone in the event the drug became more difficult to access. Days later, Kacsmaryk issued his ruling.Several other Democratic governors and state attorneys general have condemned the ruling while seeking to make clear that, at least for now, the drug remains available. Some went further, promising to keep medication abortion legal and accessible in their states, although without providing further details.More than half of abortions in the US rely on medication abortion, and most of those involve the two-drug protocol. If the appeals court doesn’t intervene, the Texas ruling would take effect on Friday with far-reaching implications for access.The FDA approved mifepristone to terminate pregnancy in 2000, when used with misoprostol. Despite claims made in the Texas lawsuit, there is decades’ worth of scientific research concluding that mifepristone is safe.States have become the epicenter of the fight over abortion rights since the supreme court’s landmark decision last June to overturn Roe v Wade. Since then, more than a dozen Republican-led states have enacted abortion bans or severely restricted access to the procedure.​Anti-abortion groups have long targeted medication abortion, the most common method for terminating a pregnancy in the US. But it became the focus of efforts after the supreme court’s landmark decision last June to overturn Roe v Wade, allowing states to regulate abortion.Although more than a dozen Republican-led states moved quickly to ban or severely restrict abortions​, with scores of new limits pending before state legislatures this session, Democratic-led states have pushed in the opposite direction. Yet if the Texas ruling stands, experts say it would upend access nationwide, limiting the drug even in states where abortion is legal.Abortion opponents in blue states denounced the efforts by Democratic governors to preserve access to medication abortion.“It is appalling that Gavin Newsom is so obsessed with ending the lives of children in the womb that he is attempting to stockpile dangerous and potentially illegal drugs,” California Family Council president Jonathan Keller wrote on Twitter. “California again proves the only ‘choice’ they care about is abortion.”Newsom said the judge’s ruling “ignores facts, science and the law” in a way that puts “the health of millions of women and girls at risk”.“Abortion is still legal and accessible here in California and we won’t stand by as fundamental freedoms are stripped away,” he said.Other supporters of abortion rights similarly denounced the conservative judge’s decision on abortion as “unprincipled” and out of step with the American public. In states where the issue has been put on the ballot, from right-leaning Kansas to battleground Michigan and liberal Vermont, voters have opted to preserve or expand access.“I’ve fought like hell to protect abortion access and I’m not backing down,” Michigan’s governor, Gretchen Whitmer, said on Friday. “I will keep taking steps to expand access to reproductive healthcare and fight against anyone threatening our rights.”Whitmer recently signed legislation repealing the state’s nearly century-old abortion ban, after Michigan voters overwhelmingly approved a ballot initiative in November to enshrine abortion protections into the state constitution.Democrats and reproductive rights advocates believe the issue will continue to motivate voters in the coming election cycles after lifting them to victories across the country in the 2022 midterms. Last week’s election of a liberal judge to serve on the Wisconsin supreme court brought fresh evidence of the enduring potency of abortion politics.“This decision will only enrage Americans further and move them to more action,” Mini Timmaraju, president of the Naral Pro-Choice America advocacy group, said on a call with reporters on Monday. “Our eyes are on 2023 and 2024 – 2022 was just the beginning.” More

    • 125 Shares119 Views

      in US Politics

      US appeals Texas judge’s ruling to suspend abortion pill approval

      by

      The US government on Monday appealed a Texas judge’s decision to suspend the Food and Drug Administration’s 23-year-old approval of a key abortion drug, saying the ruling endangered women’s health by blocking access to a pill long deemed safe.In a filing with the 5th US circuit court of appeals, the Department of Justice (DoJ) called judge Matthew Kacsmaryk’s decision on the drug mifepristone “especially unwarranted” because it would undermine the FDA’s scientific judgment and harm women for whom the drug is medically necessary.The DoJ also said the anti-abortion groups that sought to overturn the FDA’s approval had no right to sue in the first place, saying they could not show they were harmed and had left the approval unchallenged for years.Kacsmaryk’s decision “upended decades of reliance by blocking FDA’s approval of mifepristone and depriving patients of access to this safe and effective treatment, based on the court’s own misguided assessment of the drug’s safety,” the department said.Lawyers for the anti-abortion groups did not immediately respond to requests for comment.Kacsmaryk, a district judge appointed by former Republican president Donald Trump, had ruled on Friday that the FDA exceeded its authority by ignoring mifepristone’s risks and relying on “plainly unsound reasoning” when approving it.The judge, who works in Amarillo, Texas, stayed his ruling for seven days to allow the Biden administration time to appeal.In Monday’s filing, the justice department asked that Kacsmaryk’s stay remain in place until all appeals, including if necessary to the US supreme court, are resolved.Mifepristone is part of a two-drug regimen, also including misoprostol, for medication abortions in the first 10 weeks of pregnancy. The drugs account for more than half of all US abortions.Kacsmaryk ruled just 18 minutes before a federal judge in Washington state issued a contradictory ruling that directed the FDA to keep the drug available in 17 states.In a Monday filing in that case, the justice department asked the judge there to clarify what should happen if Kacsmaryk’s order took effect.The conflicting rulings could foreshadow a resolution by the supreme court, which last June overturned the 1973 Roe v Wade decision, eliminating a constitutional right to abortion.The supreme court has a 6-3 conservative majority. The New Orleans-based fifth circuit also has a conservative reputation, with three-quarters of its active judges appointed by Republican presidents.“This administration stands by the FDA and is prepared for this legal fight, and we will continue our work to protect reproductive rights,” White House spokesperson Karine Jean-Pierre said.Monday’s appeal came in a case brought by anti-abortion groups led by the Alliance for Hippocratic Medicine, which was formed last August.They accused the FDA of failing to consider during its approval process for mifepristone the drug’s safety when used by girls under age 18.The plaintiffs sought a sympathetic court by suing in Amarillo, where Kacsmaryk is the only federal district judge.Kacsmaryk had written critically about Roe v Wade, and the former Christian legal activist’s courtroom is a popular destination for conservatives challenging Biden policies.Twelve US states ban abortion, while 14 others ban it at some point after six to 22 weeks of pregnancy, according to the nonprofit Guttmacher Institute, which supports abortion rights. More