More stories

  • in

    Judge slaps down Florida effort to ban abortion ad: ‘It’s the first amendment, stupid’

    Florida’s health department can’t block a TV advertisement in support of a ballot measure that would protect abortion rights, a federal judge ruled on Thursday, after the department sent letters to local TV stations commanding them to stop airing the ad or risk criminal consequences.“The government cannot excuse its indirect censorship of political speech simply by declaring the disfavored speech is ‘false’,” US district judge Mark E Walker wrote in his ruling. “To keep it simple for the State of Florida: it’s the First Amendment, stupid.”Florida is one of 10 states set to vote on abortion-related ballot measures in November. If enacted, Florida’s measure would enshrine abortion rights into the state constitution and roll back the state’s six-week ban on the procedure, which took effect in May.Earlier this month, Florida’s health department sent cease-and-desist letters to TV stations running an ad by Floridians Protecting Freedom, the campaign behind the measure. In the ad, a woman named Caroline speaks about being diagnosed with cancer while pregnant.“The doctors knew if I did not end my pregnancy, I would lose my baby, I would lose my life and my daughter would lose her mom,” Caroline says in the ad. “Florida has now banned abortion even in cases like mine.”The letters said the claim that women can’t get life-saving abortions in Florida was “categorically false”, since Florida’s ban permits abortions in medical emergencies. “The fact is these ads are unequivocally false and detrimental to public health in Florida,” Jae Williams, the Florida department of health communications director, said in an email late on Thursday.However, doctors across the country have said abortion bans are worded so vaguely as to force them to deny people medically necessary abortions. A New York doctor recently said that she had treated a woman with an ectopic pregnancy – which is nonviable and potentially life-threatening if left untreated – who had been turned away from a Florida hospital.In response to the letters, Floridians Protecting Freedom sued the Florida surgeon general, Joseph Ladapo, and John Wilson, the former general counsel for the state health department. At least one TV station stopped airing the ad, the coalition’s lawsuit alleged.On Thursday, Walker granted a temporary restraining order blocking Ladapo from taking any further action against broadcasters or other media outlets that might air ads by Floridians Protecting Freedom.skip past newsletter promotionafter newsletter promotion“Of course, the surgeon general of Florida has the right to advocate for his own position on a ballot measure,” Walker wrote. “But it would subvert the rule of law to permit the state to transform its own advocacy into the direct suppression of protected political speech.”Over the last several weeks, Florida’s government, run by Ron DeSantis, the Republican governor, has sent law enforcement officials to investigate people who signed a petition to get the measure on the ballot, set up a webpage urging people not to vote for it, and issued a report suggesting the measure got on the ballot due to “a large number of forged signatures or fraudulent petitions”. Floridians Protecting Freedom has denied wrongdoing.Anti-abortion activists have since filed a lawsuit to remove the measure from the ballot or nullify votes cast for it. More

  • in

    Judge Orders DeSantis Administration to Stop Threats Over Abortion-Rights Ad

    The administration of Gov. Ron DeSantis of Florida must stop threatening television stations with criminal prosecution for airing a political ad in favor of enshrining abortion rights in the state’s Constitution, a federal judge ordered on Thursday.Judge Mark E. Walker of the Federal District Court in Tallahassee ruled in a temporary restraining order that the threats by the Florida Department of Health to stations across the state likely amounted to “unconstitutional coercion” and “viewpoint discrimination.”“The government cannot excuse its indirect censorship of political speech simply by declaring the disfavored speech is ‘false,’” Judge Walker, who has frequently ruled against the administration, wrote in his 17-page order. “To keep it simple for the state of Florida: it’s the First Amendment, stupid.”The order followed an emergency hearing on Thursday after Floridians Protecting Freedom, the organization behind a campaign for an abortion-rights ballot measure known as Amendment 4, sued on Wednesday.This month, the state’s health department sent several television stations a cease-and-desist letter urging them to stop airing an ad, titled “Caroline,” that is part of the “Yes on 4” campaign. It features a woman named Caroline Williams discussing how she had been diagnosed with stage four brain cancer when she was 20 weeks pregnant.“Florida has now banned abortion even in cases like mine,” Ms. Williams says in the ad.The state called the ad “false.” At least one station stopped airing the ad after receiving the department’s letter, the suit said.“This critical initial victory is a triumph for every Floridian who believes in democracy and the sanctity of the First Amendment,” Lauren Brenzel, the director of the “Yes on 4” campaign, said in a statement on Thursday. “The court has affirmed what we’ve known all along: The government cannot silence the truth about Florida’s extreme abortion ban.”Mr. DeSantis has vowed to defeat Amendment 4 and has leveraged the power of the state to oppose the measure, leading to several legal challenges. The courts had declined to intervene in prior cases.Julia Friedland, Mr. DeSantis’s deputy press secretary, said in a statement that Judge Walker had “issued another order that excites the press.”“The ads are unequivocally false and put the lives and health of pregnant women at risk,” she said. “Florida’s heartbeat protection law always protects the life of a mother and includes exceptions for victims of rape, incest, and human trafficking.”The campaign is seeking a preliminary injunction against the state. Judge Walker scheduled a hearing for Oct. 29.A separate lawsuit, filed by opponents of Amendment 4 and seeking to toss the measure from the ballot, is pending in state court. More

  • in

    Harris Will Air Ad Hitting Trump on Abortion During His Fox News Event

    Vice President Kamala Harris’s campaign will air a television advertisement slamming former President Donald J. Trump’s record on abortion during a Fox News town-hall event on Wednesday in which he will take questions from an all-female audience.The ad features Hadley Duvall, a woman from Kentucky, telling a harrowing story of being sexually assaulted and impregnated by her stepfather at the age of 12. She later miscarried.“I was a child. I didn’t know what it meant to be pregnant at all. But I had options,” Ms. Duvall says in the ad. “Because Donald Trump overturned Roe v. Wade, girls and women all over the country have lost the right to choose, even for rape or incest.”She adds: “Donald Trump did this. He took away our freedom.”Abortion has been one of the most potent electoral issues for Democrats since Supreme Court justices appointed by Mr. Trump helped overturn Roe. Polling shows the issue is a strength for Ms. Harris, who has built a commanding lead with female voters: A recent New York Times/Siena College national poll of likely voters showed her ahead by 56 percent to 40 percent. Mr. Trump is doing better with men.Mr. Trump’s town hall airs at 11 a.m. and will be moderated by the Fox News host Harris Faulkner. More

  • in

    November’s Second-Most-Important Election Is in Florida

    I’ll never forget the first time I heard my oldest daughter’s heartbeat. My wife was experiencing trouble in the first three months of pregnancy, and we were worried she was miscarrying. We rode together to her doctor’s office, full of anxiety. And then, we heard the magical sound — the pulsing of our little girl’s tiny heart. We didn’t know if she would ultimately be OK, but there was one thing we knew: Our daughter was alive.I’ve long supported so-called heartbeat laws. A well-drafted heartbeat law bans abortion after a heartbeat is detected, which typically occurs roughly six weeks into pregnancy. Whether you refer to that sound we heard all the way back in 1998 as a heartbeat or simply as a form of early cardiac activity, it sends the same message, that a separate human life is growing and developing in the mother’s womb.The significance of that heartbeat is the reason I believe that the second-most-important election of 2024 is the Florida contest over Amendment 4, a ballot measure that would enshrine a right to abortion in the Florida Constitution.The text of the amendment is broad: “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s health care provider.” And it is aimed straight at what I believe to be one of the most reasonable pro-life laws in the nation.Florida’s Heartbeat Protection Act bans abortions if the gestational age of the fetus is over six weeks, but it also contains exceptions for pregnancies that are a result of rape, incest or human trafficking; for fatal fetal abnormality; and to preserve the life of the mother or “avert a serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman.”Properly interpreted (problems interpreting pro-life laws have tragically led to too many terrible incidents), this is not a law that leaves women vulnerable to dangerous pregnancy complications. It has elements that are necessary to assure doctors that they won’t be prosecuted if they provide life or health-saving care. In short, it represents a statutory effort to respect the lives and health of both mother and child.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

  • in

    Texas Man Drops Suit Against Women Who Helped Ex-Wife Get Abortion Pills

    The suit had accused the three women of wrongful death. It was part of a heated battle over the use of such pills in states with abortion bans.A Texas man has dropped his lawsuit against three women who helped his ex-wife obtain abortion pills, a case widely seen as designed to discourage private citizens from aiding women in using the pills in states where abortion is all but banned.The move on Thursday by the plaintiff, Marcus Silva, was part of a settlement with the defendants, Jackie Noyola, Amy Carpenter and Aracely Garcia. The exact details of the settlement were not made public, but they did not involve any financial terms, according to lawyers for both sides. Ms. Noyola and Ms. Carpenter also dropped counterclaims they had filed.Mr. Silva filed his suit shortly after the Supreme Court’s reversal of Roe v. Wade and one year after Texas essentially banned most abortions with a law that also deputized private individuals to sue anyone who “aids or abets” a woman seeking an abortion.One of Mr. Silva’s lawyers is Jonathan Mitchell, a former solicitor general of Texas. The architect of the state abortion ban, he is considered a pioneer in using private lawsuits to deter the procedure. Abortion rights groups accuse him of filing the suits to attract publicity and intimidate people.Elizabeth Myers, a lawyer for Ms. Noyola and Ms. Carpenter, said the fact that Mr. Mitchell and Mr. Silva did not want to move forward with the case was “very telling.”“They live on the creation of fear,” she said. “They need the fear to ultimately lead to something real and it didn’t.” We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

  • in

    Where Is the Fierce Urgency of Beating Trump?

    Barack Obama got blunt in Pittsburgh on Thursday. He chided Black men who are not supporting Kamala Harris, saying that some of “the brothers” were just not “feeling the idea of having a woman as president.”That left me mulling again: Is Harris in a dead-even race against a ridiculous person because of her sex or is that just an excuse?Hillary Clinton did not lose because she was a woman. She lost because she was Hillary Clinton. She didn’t campaign hard enough, skipping Wisconsin and barely visiting Michigan. She got discombobulated about gender and whinged about sexism.I asked James Carville if Kamala’s problem is that too many Americans are still chary about voting for a woman, much less a woman of color. The Ragin’ Cajun chided me.“We’re not going to change her gender or her ethnic background between now and Election Day, so let’s not worry about it,” he said. “Time is short, really short. They need to be more aggressive. They don’t strike me as having any kind of a killer instinct. They let one fat pitch after another go by. I’m scared to death. They have to hit hard — pronto.”Her campaign, he said dryly, “is still in Wilmington.”Kamala spent a week answering questions on “60 Minutes” and “The View” and on the shows of Stephen Colbert and Howard Stern. And she didn’t move the needle.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

  • in

    Can ex-governor’s anti-Trump stance swing key Senate seat for Republicans?

    At a conservative thinktank on 14th Street in Washington DC, awaiting Larry Hogan, the Republican candidate for US Senate in Maryland, one staffer turned to another. “It’s nice having something to vote for, for a change,” the staffer wryly said. Shortly after, the former governor arrived for his speech at the Jewish Institute for National Security of America (Jinsa), part of his campaign to win in a state that hasn’t elected a Republican senator since 1980.When he left the executive mansion in Annapolis last year, Hogan told his friendly audience, he had governed for eight years as a popular moderate but had not been looking for another job – “And frankly, I didn’t yearn to be a part of the divisiveness and dysfunction in Washington,” he said.“But when I saw a bipartisan package to secure our border and to support Israel, Ukraine and Taiwan and other American allies fail because people were told [by Donald Trump] to vote against a critical [immigration] bill that they claimed to be for, it made me frustrated enough that I knew I had to step up and try to do something about the mess in Washington.”Washington is not Maryland but the Old Line State is just a few miles up 14th from Jinsa. There, Hogan faces the Prince George’s county executive, Angela Alsobrooks, for an open seat in November – a race in which the Democrat, who if she wins will be only the third Black woman ever elected to the US Senate, enjoys significant polling leads.The race has become potentially decisive in determining Senate control, and a test of anti-Trump sentiment on the right. Significant spending and endorsements are pouring in. Highly regarded as a local leader and “tough on crime” Democrat, Alsobrooks defeated a DC establishment candidate, the congressman David Trone, in her primary and is now piling on praise from party grandees. She recently released an ad featuring Barack Obama and secured support from the Washington Post.On Thursday night, the two candidates will meet for a high-stakes debate.In practical terms, it takes 51 votes – or 50 if your party holds the presidency – to control the Senate. Democrats currently hold it 51-49 but face tough contests to hold seats in Republican-leaning states such as Montana and Ohio. It means Maryland counts this year, and Hogan’s toughest challenge may lie in persuading enough Democratic voters they can trust him should Republicans retake the chamber with him as the 51st vote. In turn, Democrats know that if they cannot hold so deep blue a state as Maryland, they will in all likelihood lose control of the Senate.Hogan is therefore seeking to depict himself as an antidote to Trump – and his rival as too far left. At Jinsa, talking foreign policy, he criticized Trump but he also knocked Alsobrooks, including for “repeatedly demand[ing] that Israel enact an immediate and unilateral ceasefire, and [for calling] for cutting off critical military aid”.As popular as Hogan is – he stepped down as governor with a 77% approval rating – polling suggests that message is not landing. According to 538, since one tied poll in August, Alsobrooks’s lead has ranged from five to 17 points.Hogan begged to differ. “I think it’s a very close race,” he said. “I’ve always been an underdog in every one of my races.“There are people out there that we’ve still got to convince,” he added, “and we’ve got [then] 34 more days to do it, and I feel confident we’re going to win the race. It’s tough, though. I mean, we’re a very blue state, and we’re overcoming a huge deficit at the top of the ticket.”Trump has been called many things, but “huge deficit” may be a new one. Hogan has said he won’t vote for Trump (or Kamala Harris), but must nonetheless fend off persistent questions about the man who rules his party. One recent ad from Hogan’s campaign deplored the “horror” of January 6. And yet, as Republicans from Trump and the Senate minority leader, Mitch McConnell, on down know, sometimes a candidate must be allowed away from the party line.In Maryland, Hogan is free to be Hogan. That’s to his advantage. To his disadvantage, Democrats from the Senate majority leader, Chuck Schumer, to Alsobrooks on down know Hogan has a bigger problem.View image in fullscreenIn June 2022, in the case Dobbs v Jackson, the US supreme court to which Trump appointed three hardliners removed the federal right to abortion. Two years on, Hogan insists he will not let his party go further.“[Alsobrooks’s campaign] want[s] to focus on making it a cookie-cutter Democratic talking points race but it’s not, because I have a different position than most Republicans,” he said at the Jinsa event. “And so, you know, I’ve promised to be a sponsor to codify Roe v Wade, the 1973 ruling that previously safeguarded abortion rights, so that nobody comes between a woman and her doctor in any state in America, and to sponsor a bill to protect IVF.”He also insisted that “most people are concerned about the economy. They’re concerned about affordability, inflation, they’re concerned about crime in their communities, and they’re concerned about securing the border and fixing [the] broken immigration system.”Among Democratic rejoinders: while a member of the executive committee of the Republican Governors Association, Hogan worked to elect allies in states that now have stringent abortion bans. In his own state, in 2022, he vetoed a bill to expand abortion access. The same year, he said Trump “nominated incredible justices to the supreme court”, a comment Democrats have brought back to haunt him. Hogan says he was not referring to Dobbs but Alsobrooks is happy to keep the spotlight on the issue. As she recently said: “I think my opponent’s record is very clear where abortion care is concerned.”Many Americans fear a national abortion ban, should Trump be president again. Hogan said he had been against that for decades “and I’ll be the one of the ones standing up, regardless of who the president is or who’s in control of Senate”. But he also said he would not support reform to the filibuster, the Senate rule that requires 60 votes for most legislation, in order to codify Roe.“I think it’s a terrible idea, because it’s actually something that … my opponent and Donald Trump both agree on. They want to be able to jam things through on a 51-vote [majority]. ”Right now, [the Senate is] a deliberative body where we actually have to find bipartisan cooperation and common sense and kind of common ground for the common good. That’s what I did in Maryland with a 70% Democratic legislature. We got things done.”A few days after Hogan’s event at Jinsa, about 40 miles (65km) north-east in Baltimore, Democrats gathered at a canvassing hub. Once a wedding venue, the Majestic Hall of Events was surrounded by less-than-majestic auto shops and down-at-heel churches. Inside, Alsobrooks addressed a crowd organized by D4 Women in Action, linked to Delta Sigma Theta, one of the Divine Nine Black women’s sororities, to which Alsobrooks belongs.View image in fullscreenIn her speech, Alsobrooks spoke about her links to Baltimore and “the number one issue across our state, and the thing that people most desire to have: economic opportunity”. She also took shots at her opponent. “What did he do [as governor] when he had the opportunity to stand up for all of our families in Baltimore? He sent back $900m to the federal government.”skip past newsletter promotionafter newsletter promotionThat was a reference to a 2015 decision to scrap a light rail project, a call that attracted lawsuits. But Alsobrooks also looked to the national stage, and the issue she wants foremost in voters’ minds.“This race is bigger than both of us,” Alsobrooks told the Guardian. “Bigger than Larry Hogan the person. It’s bigger than Angela the person. It’s about issues and about the future. It is about reproductive freedom.”Alsobrooks listed other policy priorities – “sensible gun legislation … economic opportunity” – as part of a platform “that really does favor hard-working people, middle-class families, and that is about preserving freedoms and democracy”. But protecting abortion rights was a theme to which she returned.At Jinsa, Hogan said Democrats were trying to turn a state race into a national contest. Alsobrooks embraced the charge: “The former governor thinks he’s running to go back to Annapolis. We’re actually running to go to Washington DC, and we would represent Marylanders there.”She added: “This [Republican Senate] caucus is led by people like Ted Cruz, Lindsey Graham, Rick Scott, Mitch McConnell, and they … have really proclaimed war on the reproductive freedoms of women. They have very clear records, and [Hogan has] aligned himself with the party whose policies do not align with the average Marylander.”Much has been made of the warm relationship Hogan and Alsobrooks enjoyed when Hogan was governor. Asked about an unearthed Hogan comment – that Alsobrooks was a better Prince George’s county executive than his own father, the late congressman Lawrence Hogan – Alsobrooks said: “He has become, in a lot of ways, the kind of politician he says he despises, one who’s very disingenuous.“But I think that people see through it. Marylanders are very savvy and they have seen how he has changed … and I think they will see through the disingenuous nature of his campaign, and will again vote to keep Maryland Democratic.”Keeping Maryland Democratic will require turning out the vote. At the canvassing hub, one phone-banker wearily said: “Put in two shifts this morning.” A friend smiled back: “Only a hundred more to go.”The same Jinsa staffer who earlier had said it was “nice to have something to vote for” with Hogan also said that he hadn’t felt so good about a Senate race since 2006 – which was still a defeat – in which “getting more than 40% felt like a moral victory”.Back then, Ben Cardin, the Democrat retiring this year, beat Michael Steele, a Hogan-esque GOP moderate. Steele went on to chair the Republican National Committee, then became an MSNBC host and Never Trumper. Asked for his view of the current Maryland race, Steele was not as convinced of an Alsobrooks win as many other observers.“This race was not a competitive race until Larry got into it,” Steele said. “He is a popular two-term governor who left, I think, an important mark on how politics play out in Maryland for Republicans and made this very competitive out of the gate, largely because people had come to trust his style of governance.“It’s open, it’s compassionate, it’s concerned … I think a lot of people remember that.”Steele said Hogan had a good chance of attracting split-ticket voters – rare beasts, precious to any campaign, in this case prepared to back Harris for president but Hogan for Senate.It all added up to a warning for anyone expecting a comfortable Democratic win.“I think the latest polling has Alsobrooks up by 11,” Steele said. “I don’t believe that, largely because when I’m out in neighborhoods talking to people, and from everything I can piece together, this race is a lot tighter than the traditionalists who look at Maryland think it to be.”

    This article was amended on 11 October 2024. It originally stated that Larry Hogan chaired the Republican Governors Association. He was actually a member of its executive committee. More

  • in

    Harris Hits Back at Republican Criticism of Childless Women

    For the first time, Vice President Kamala Harris dismissed criticism from some Republicans that she does not have biological children, saying in a podcast interview on Sunday that much of the commentary was “meanspirited” and misunderstood women who either can’t have children or simply did not want to.In an appearance on the podcast “Call Her Daddy,” which is popular with Gen Z and millennial women, Ms. Harris discussed reproductive rights and economic issues. She addressed comments from Sarah Huckabee Sanders, the governor of Arkansas, who recently suggested that having biological children helped with her humility — a virtue she implied Ms. Harris lacked.“I don’t think she understands that there are a whole lot of women out here who, one, are not aspiring to be humble,” Ms. Harris told the host, Alex Cooper. “Two, a whole lot of women out here who have a lot of love in their life, family in their life and children in their life. And I think it’s really important for women to lift each other up.”When the conversation turned to attacks by Republicans against “childless cat ladies,” Ms. Harris called the criticism, popularized by past comments by Senator JD Vance of Ohio, former President Donald J. Trump’s running mate, “mean and meanspirited.” Ms. Harris referred to her stepchildren, Cole and Ella Emhoff, as her children.“I love those kids to death,” Ms. Harris said. “And family comes in many forms. I think that increasingly, you know, all of us understand that this is not the 1950s anymore.”The “Call Her Daddy” interview was part of several appearances that Ms. Harris will make this week with news outlets and niche podcasts or radio shows. Several of the platforms are considered to be friendly to her, or at least far less probing than a traditional news interview would be.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More