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    What We Know Now About the Midterms: Election Deniers, Trump and More

    As partisans and pundits digested the shock of the 2022 midterm elections on Wednesday, some new themes emerged. Finger-pointing among Republicans. Mixed results for election deniers. The return of choosy voters. And a more nuanced picture on the impact of abortion.Here are four fresh takeaways on the first full day of reckoning for both parties:Trump had a bad day.Many Republicans lit up cable news and conservative websites on Wednesday with withering criticism of the former president they once championed — and, in some cases, worked to elect or defended once in office.It was clear that many in the G.O.P. political class were angry about the outcome of an election they assumed would go much better for their side. It was far less clear whether their fury was shared by Republican voters — or the man in Mar-a-Lago, who congratulated himself from a “personal standpoint” as he grudgingly acknowledged a “somewhat disappointing” election in general.But Republican operatives, using words like “disaster” or “debacle” and making unflattering comparisons between former President Donald J. Trump and various circus acts, anvils, mental patients and even the Pied Piper of Hamelin, lashed the head of their party and openly wished for someone to seize his crown.Some Republican operatives even said they were reconsidering pursuing jobs with the third Trump presidential campaign, they reported — as others urged him to delay an announcement until after the runoff election for Senate in Georgia.Who Will Control Congress? Here’s When We’ll Know.Card 1 of 4Much remains uncertain. More

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    Democrats Hold Onto Contested State Legislative Chambers

    Democrats made gains in state legislatures, including at least one Midwestern battleground state, while thwarting Republican efforts to flip chambers in the Mountain West and elsewhere. As results of statehouse races were still being counted in several states late Wednesday, experts said that Republicans’ efforts to expand their control of state legislative chambers appeared to have fallen short.In Michigan, Democrats had flipped at least one chamber of the State Legislature, the State Senate, while votes were still being counted in races for control of the state’s House of Representatives, as well as Minnesota’s State Senate.“Last night was a surprisingly good showing for Democrats in statehouses, especially since their gains combat the notion that the president’s party always loses ground during midterms,” said Wendy Underhill, director of elections and redistricting at the National Conference of State Legislatures.In Colorado, a state heavily targeted by Republicans, Democrats maintained their legislative majorities. And in North Carolina and Wisconsin, states with Democratic governors and Republican-held legislatures, Democrats fended off efforts by Republicans to win supermajorities, which would have given them veto override powers. Democrats also won full control of state government leadership in Massachusetts and Maryland — states where Democrats newly won control of the governor’s office while holding onto majorities in both chambers of their statehouses.Republicans went into the midterms with a grip on a majority of chambers in statehouses around the country. Single-party control of state legislatures has become common, and before voting on Tuesday, Republicans dominated both legislative chambers in 30 states, while Democrats held both chambers in 17.Counts were still continuing on Wednesday in various states, including Arizona and Nevada, where control of state legislatures was in play. But in states big and small where results were clear, Republicans easily maintained control of legislatures, including in Texas, Ohio, Georgia, Florida, Missouri, North Dakota, Tennessee and Wyoming.“Republicans continue to absolutely dominate the 50-state landscape, as they have since 2010,” Ms. Underhill said.In a sign of how polarization has characterized thousands of races, including many in rural areas where Republicans were running uncontested, only a few hundred seats at the state legislative level were expected to shift across party lines out of the more than 6,200 up for election, according to the N.C.S.L., a bipartisan organization representing state legislatures.Nevertheless, the results indicate a turn from 2020 when Democrats spent heavily to diminish Republicans’ control of state legislatures only to fail at flipping a single chamber, even as Democrats won the presidency and control of Congress that year.The shifts in state legislative seats come as control of these legislatures may prove more significant than ever. State legislatures already hold sway over a wide range of issues from taxation to what teachers are allowed to discuss in public schools. After the Supreme Court decision to overturn Roe this year, state lawmakers gained even more power, deciding in many cases whether to restrict or expand abortion rights for their residents.Their authority could now shift significantly as the Supreme Court, which has leaned to the right, hears a case next month related to the role of state legislatures and their role in setting election rules. More

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    American voters just sent a crystal-clear message: they believe in abortion rights | Jill Filipovic

    American voters just sent a crystal-clear message: they believe in abortion rightsJill FilipovicAbortion rights voters delivered several key elections for Democrats. Now Democrats had better deliver for them The 2022 midterm elections were not the “red wave” of Republican dreams. They didn’t end up being a rebuke to the Biden presidency, a message about inflation or a protest against perceived crime rates.The only issue voters sent a clear message on? Abortion.Voters who came out to support reproductive rights seem to be one of the chief reasons Democrats weren’t absolutely routed. Abortion rights voters delivered several key elections for Democrats. And now, Democrats had better deliver for them.There are still some races outstanding, including important Senate battles in Georgia, Arizona and Nevada and a smattering of House races. But early numbers tell an important and definitive story: the Democratic base showed up in numbers that are wildly uncommon in a midterm election, particularly from a party that already controls Congress and the White House. Turnout this year surpassed the 2018 midterms, when Democrats surged to the polls to signal their disgust with Donald Trump. And exit polling suggests that these Democratic voters were overwhelmingly motivated by abortion, with 76% of Democrats listing abortion as their top issue, according to CNN polling. And voters generally – not just Democrats – said that they trusted Democrats over Republicans to handle abortion.Abortion rights supporters encouraged Democrats to prioritize abortion in their campaigns, but that strategy came with its fair share of detractors. Senator Bernie Sanders wrote in these pages that focusing on abortion over inflation and the economy was a mistake. (Democrats, in their defense, did overwhelmingly make their case about the economy, too; they just emphasized abortion rights more forcefully than at any point in my living memory.) It would appear that detractors got it wrong, and abortion was indeed a winning strategy.The Democratic line has been “abortion is on the ballot.” And in four states, it literally was: voters in California, Michigan and Vermont were asked to decide whether to enshrine abortion rights into their state constitutions; voters in Kentucky were asked to decide whether abortion rights should not be protected by their state constitution.Voters in all four states voted for abortion rights and against abortion restrictions, echoing the outcome of a ballot measure earlier this year in Kansas.This is an unmistakable pattern: when voters are given the chance to decide whether the state should outlaw abortion or if the choice should be left to a woman and her doctor, they tell the state to butt out. Even in conservative strongholds, state legislatures appear to be far more conservative on abortion than the voters they purport to represent.These abortion rights voters have also cast their ballots for Democrats more broadly. Candidates in several tight races, including in Michigan and Pennsylvania, emphasized that they would protect abortion rights – and those candidates won, bringing down-ballot victories for state legislators with them.In Pennsylvania, abortion was the number-one issue for voters, according to NBC exit polling – and 78% of voters who said abortion was their main issue cast their ballots for Democrat John Fetterman. Democrat Josh Shapiro also won against arch-conservative Doug Mastriano in Pennsylvania’s gubernatorial race. And while votes are still being tallied, Democrats seem to have done surprisingly well in races for seats in the Pennsylvania state legislature.In Michigan, voters sent a resounding message that they want abortion rights enshrined into the state constitution. They also re-elected Gretchen Whitmer, who ran on abortion rights in a state that has been engulfed in legal battles over the status of abortion. And they flipped the state legislature, handing Democrats control of all three chambers for the first time in nearly four decades.These voters are all clear: they turned out not just to put Democrats in power generally, but in support of abortion rights specifically.Now these voters will want results. Yes, delivering on abortion rights may be tough with a divided House and Senate – especially if Republicans gain control of one or both chambers. But Democrats were never under the impression that they could achieve overwhelming victory. They still promised pro-choice voters that if they turned out, Democrats would stand up for them. Now they have to make good on that promise, even if it’s tough.The Biden administration has been frustratingly tepid on abortion rights, and it’s beyond time for Democrats at all levels to get creative to secure abortion rights however they can. Elizabeth Warren and Alexandria Ocasio-Cortez have suggested, for example, that Biden could use his executive powers to allow abortion clinics to open on federally owned lands, including military bases.Congress could affirm the basic rights of all Americans to travel for medical care – which could help to stave off conservative efforts to criminalize those who help women cross state borders for abortions – and pass a bill protecting women and their loved ones from prosecution for pregnancy termination. (In my ideal world, Congress would pass a bill protecting abortion rights much more broadly, but that path will become impossible if Republicans gain power.) The FDA could treat abortion-inducing medications like any other prescription drug and evaluate them on safety and efficacy rather than politics – which, frustratingly, remains the case even with a Biden administration in the White House. And if Democrats do somehow manage to maintain control of Congress, Biden and the Democratic party truly have no excuse to not pass a bill enshrining abortion rights into law nationwide.The American people sent a loud message yesterday: we are a pro-choice nation, and we want the government out of our most intimate reproductive decisions. Republicans should listen, and realize that their party’s position – that abortion should be outlawed in nearly all cases – represents but a tiny minority of Americans; if they want to stay competitive, they should back off from their extremist positions.And Democrats should realize that these pro-choice voters just saved many of their hides, and recently elected Democratic politicians now owe them more than pro-choice platitudes. They owe what they promised: abortion rights.
    Jill Filipovic is the author of OK Boomer, Let’s Talk
    TopicsUS politicsOpinionAbortioncommentReuse this content More

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    US states vote to protect reproductive rights in rebuke to anti-abortion push

    US states vote to protect reproductive rights in rebuke to anti-abortion pushVermont, Michigan and California deliver blows to Republican agenda bent on dismantling the right to choose

    US midterm election results 2022: live
    US midterm elections 2022 – latest live news updates
    Voters in multiple states passed measures to enshrine the right to abortion during Tuesday’s midterm elections, delivering a rebuke to the crackdown on reproductive freedoms taking place across the US.In Michigan, abortion rights campaigners declared victory on a ballot initiative looking to secure a constitutional right to abortion, meaning the state will now escape the imposition of a 1931 abortion ban that was on the books.JD Vance wins Ohio Senate race by wider margin than predictedRead moreThe state is the first in the US to fight off a pre-existing abortion ban with a ballot proposal, called Proposal 3, in a move that campaigners across the country see as a possible road map for other states.“Proposal 3’s passage marks an historic victory for abortion access in our state and in our country – and Michigan has paved the way for future efforts to restore the rights and protections of Roe v Wade nationwide,” Darci McConnell, the communication director for Reproductive Freedom For All, wrote in a statement, announcing the news after it was called by ABC and NBC.The news broke as other US states too saw victories for abortion rights initiatives.Vermont became the first state in America to protect abortion rights in its state constitution just before Michigan, calling their result on Tuesday after its voters resoundingly backed a ballot initiative by a huge margin. And in California, voters were on track to overwhelmingly pass a measure to enshrine into the state’s constitution the right to an abortion and contraception.“Vermont voters made history tonight,” said the Vermont for Reproductive Liberty Ballot Committee, which campaigned for the amendment, according to local news. All votes had not yet been counted at 11pm ET, but the yes campaign was leading by 77% to 22%.“Vermonters support reproductive freedom in all four corners of the state … and they believe that our reproductive decisions are ours to make without interference from politicians,” the committee said in a statement.In Vermont, the outcome was always expected, in a New England state so pro-choice that even the Republican governor backed Proposal 5. The proposal, brought by pro-choice advocates, means the constitution now determines that an “individual’s right to personal reproductive autonomy is central to the liberty and dignity to determine one’s own life course”.California’s Proposition 1, meanwhile, was positioned as a direct response to the US supreme court’s decision that overturned decades of established access and thrust the country into turmoil. Voter’s decisive support for Prop 1 will further enhance the state’s reputation as a haven for reproductive care just as restrictions – and political divisions – deepen across the country.The state’s governor, Gavin Newsom – who won re-election on Tuesday with a large majority – joined in the celebrations at a Prop 1 rally.Gavin Newsom speaking now at Proposition 1 rally, which is poised to pass by a huge margin to enshrine right to abortion in California constitution: “We affirmed we are a true freedom state.”— Ashley Zavala (@ZavalaA) November 9, 2022
    “Governor Newsom made it clear that he wants California to be visible as a haven for people seeking reproductive healthcare and Proposition 1 is part of that,” said constitutional law professor Cary Franklin, who also serves as Faculty Director of the Center on Reproductive Health, Law, and Policy at the University of California Los Angeles. “It will get media attention and people will be made more aware that California is a place they can go.”The measure had been expected to easily pass, and analysts said support for reproductive rights could draw even more women and young people to the polls, which could play positively for Democrats in California’s conservative pockets.These wins deliver more blows for Republicans who are increasingly finding that, when put to a vote, Americans frequently do not agree with a sweeping agenda to dismantle abortion rights.So far, the anti-abortion movement has relied on judges, state houses and Republican lawmakers to curtail reproductive rights.But since the supreme court dismantled the constitutional right to abortion on 24 June, pro-choice advocates are increasingly looking to ballot initiatives as a way of shoring up rights. The anti-abortion movement suffered a huge blow over the summer when Kansas – a usually reliably red state – slammed down a proposal brought by the Republicans, looking to confirm there was no right to abortion in the state constitution.In Michigan the mood was already jubilant at the yes campaign’s watch party before they called the result, with voters screaming loudly, banging on tables and whooping in support of local voters, doctors and speakers from the American Civil Liberties Union and Planned Parenthood.“My name is Nicholas, and I live in Ingham county,” one campaigner took to the stage to say. Speaking about him and his girlfriend, he added: “We knocked on over 1,500 doors and walked over a hundred miles, talking to neighbors who – like the rest of us here – agree this is a fundamental right,” to screams and cheers.Nicole Wells Stallworth, executive director at Planned Parenthood Advocates of Michigan later added: “We are living in a time like no other. The US supreme court did something they have never done: They reversed Roe. They tried it. And as such, we needed a campaign like none other. This campaign turned out to be just that.”TopicsAbortionUS midterm elections 2022US politicsVermontRoe v WadeCalifornianewsReuse this content More

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    Voting Takes Center Stage During US Midterm Elections

    “I want to do everything I can to use my voice to create the kind of democracy that deserves to exist,” one voter said.They had been assured that they were wasting their time. That the fix was in. That a fair outcome was impossible, what with all that Democratic ballot-rigging — or was it Republican voter suppression?But millions of Americans gave voting a go anyway on Tuesday, dutifully turning up across the country to cast ballots at schoolhouses, libraries and V.F.W. posts.After a campaign marked by the direst of claims, it was, in its way, a small act of faith.“It’s going a little bit too far left,” said one voter, Lucas Boyd, 43, explaining what had brought him to a polling place in Haymarket, Va. “We are trying to bring it back to a middle ground, and that is really why I came today.”Cheryl Arnold, who was also casting a ballot in Haymarket, had a different outcome in mind. A sales worker in her 50s, she said her aim was “not furthering the Republican agenda.”But she and Mr. Boyd, a software salesman, shared at least one fundamental belief: that voting might make a difference.“I want to do everything I can to use my voice to create the kind of democracy that deserves to exist,” Ms. Arnold said.A voter dropping off a ballot in American Fork, Utah, on Tuesday.Kim Raff for The New York TimesStill, it was an Election Day of unusual tensions, in keeping with a campaign in which accusations of voting fraud were sometimes cast even before the ballots themselves were, and in which some private citizens took it upon themselves to take up arms and “guard” absentee ballot boxes.“I definitely know where the exits are,” said one poll worker in Flagstaff, Ariz., Brittany Montague. “Now more than ever, we’re so polarized, and there isn’t a lot of trust in the system.”In Arizona on Tuesday morning, reports of dozens of malfunctioning ballot-counting machines in Maricopa County prompted a surge of voter fraud claims across right-wing media.“None of this indicates any fraud,” said Bill Gates, chairman of the Maricopa County board of supervisors, a Republican. “This is a technical issue.”A video captured election workers trying to reassure voters.“No one’s trying to deceive anybody,” one poll worker says.“No, not on Election Day. No, that would never happen,” the person recording the video replies sarcastically.Even before the day began, more than 40 million Americans had cast early ballots, and millions more were joining them on Tuesday.In Michigan, the abortion issue was a big draw at the polls. After the Supreme Court decision reversing Roe v. Wade, Michigan was one of five states that had abortion-related measures on the ballot. In Birmingham, an affluent community outside Detroit, a slow stream of people turned out to vote on Proposal 3, a ballot measure to protect abortion rights.Outside the Baldwin Public Library, where Birmingham city workers had turned metered parking into “voter-only parking” for the day, Alexandra Ayaub said supporting the measure was her main reason for voting.“Michigan should be a safe place for women,” said Ms. Ayaub, 31, who described herself as leaning Democratic.In nearby Warren, Rosemary Sobol also said the initiative was her main motivation for voting — even if she was still undecided.“I’m not completely anti-abortion, but I’m also a Catholic,” said Ms. Sobol, an 81-year-old retired principal. “It’s a very hard decision.”For some voters, it was a day to reconsider past positions.Andrew O’Connell said that he had been born into a Democratic family and that he had long taken pride in switching up his votes between the parties, but at 6:30 Tuesday morning, he could be seen standing outside a busy polling location on Staten Island holding a sign displaying all of the Republicans on the ballot. Everything changed with the social unrest in 2020, he said.“I believe safety took a back seat back when the protests were going on,” Mr. O’Connell said. “We sat back and watched that happen and some folks didn’t think there was anything wrong with it.”A family voting in Miami Beach, Fla., on Tuesday.Scott McIntyre for The New York TimesFor other voters, it was a day to reconsider life choices — like where to live.When Albert Latta, 67, left a polling place in Kenosha, Wis., he had a weary look. The most important issue for him in this election? “Honesty,” he said.Mr. Latta said that he had voted Democratic in the races for governor and the Senate and that he was so tired of deception from Republicans — on election integrity, among other issues, he said — that he was considering picking up and moving across the state line into the blue of Illinois.“How Wisconsin goes in this election may have a lot to do with that decision,” he said. “I call today’s vote the biggest I.Q. test this country has ever taken.”For some voters, a hop across state lines, it appeared, might not do the trick.In the city of Folsom, in one of liberal California’s more conservative regions, John Butruce, 66, offered a fairly succinct synopsis of his take on things before casting his ballot.“I don’t like the taxes, I don’t like the inflation, I don’t like the crime,” Mr. Butruce said. “I don’t like the state of the country or the state of the state.”In Kenosha, where voters were deciding whether to re-elect Gov. Tony Evers, a Democrat, the shadow of the demonstrations and riots that tore through the city in August 2020 after a police shooting loomed large.“I just want to get him out,” said Abraham Gloria, 40. “He could have stopped what happened with the riots, and he didn’t.”But as she headed into a church in Kenosha to vote, Phyllis Sheets, 60, said she was supporting the Democrats. Democracy, she said, depended on it.“I’m tired of people co-signing foolishness,” Ms. Sheets said. “It’s like people are drinking the silly juice around here: conspiracy theories, not conceding elections, QAnon, Jan. 6. It’s not American.”Christine Grant looking over information while filling out her ballot in Detroit on Tuesday.Brittany Greeson for The New York TimesNot everyone was thinking about this election, even as it was still unfolding. They were too busy talking about the next one, and news of a “very big announcement” from a Republican politician in Florida.In Warren, Mich., Mike Smith, 58, had just one quibble.“I hope he comes back sooner than 2024,” Mr. Smith said. “I still don’t accept 2020.”Word that Donald J. Trump might soon make formal what has long been expected played out at polling sites across a polarized country to a mix of elation and fear.“I am terrified,” said Liz Lambert, 57, a marketing manager in Scottsdale, Ariz., clutching a coffee cup as she headed to work after casting her ballot. “This country has been through enough. We need stability and maturity and leadership.”In Haymarket, Va., Gloria Ugbaja declined to get engaged by a possible Trump announcement about another run for president.“I thought it was a distraction,” said Ms. Ugbaja, 47, who works in health care management.“Whether he announces or not is his business,” she said. “Every American has to keep moving forward. Whether he tries to run or not, it indirectly does not affect what the average American has to do on a daily basis.”Reporting was contributed by More

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    Five States Have Abortion Referendums on the Ballot

    The Supreme Court’s overturning of Roe v. Wade in June at first appeared like it might change Democratic fortunes in this year’s midterm elections, giving the party an energizing issue even as inflation remained high and President Biden’s approval ratings remained low.That momentum was clear in August, when voters in deep-red Kansas rejected a proposed amendment to the state Constitution that would have allowed legislators to enact abortion restrictions.But Republicans have gained an edge as voters have expressed concern about the inflation and the economy. Democrats are bracing for a red wave in the House, and control of the Senate hinges on close contests.Even so, abortion remained a hot-button topic heading into Election Day. Races for governor and legislature in several states could have implications for future abortion legislation. And in five states, abortion is directly on the ballot.Here are the states where abortion referendums will be decided on Election Day.MichiganMichigan’s Reproductive Freedom For All proposal would protect the right to make decisions about “all matters relating to pregnancy” in the state, where a 1931 law that would make abortion illegal was blocked from taking effect by a court ruling earlier this fall.The proposal would allow the state to regulate abortion after fetal viability, which is usually around 24 weeks, except in cases where abortions are medically necessary to protect the “physical or mental health” of the woman. The 1931 law does not include exceptions for rape, incest or the health of the mother, and it threatens doctors who perform the procedure with up to 15 years in prison. CaliforniaVoters will decide whether to enshrine abortion rights in the state Constitution. Separately, California’s Democratic governor, Gavin Newsom, has urged Hollywood companies to stop filming in states like Oklahoma and Georgia, where stricter abortion laws are in place, and recently signed a package of 12 bills meant to strengthen abortion rights in the state, where the procedure is permitted up to fetal viability.KentuckyKentucky voters will be asked to approve a revision to the state Constitution to make clear it does not protect the right to abortion. It is a safeguard against potential legal challenges to the state’s existing law restricting abortion, which went into effect over the summer.MontanaThe ballot initiative won’t affect typical abortion access in the state, where the procedure is permitted until viability or if necessary to prevent a serious health risk to the mother.Rather, the measure would require mandatory medical interventions to save those the state defines as “born-alive” infants — which can include fetuses diagnosed as nonviable — and establish criminal penalties for health care providers who refuse to intervene.VermontThe Reproductive Liberty Amendment, if enacted, would enshrine the right to an abortion in the state Constitution. Abortion is already legal in the state, without a time limit, and that will continue even if the amendment fails.Lauren McCarthy More

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    The US made women second-class citizens. Now we must give a stinging rebuke | Moira Donegan

    The US made women second-class citizens. Now we must give a stinging rebukeMoira DoneganThe supreme court edict overturning Roe v Wade said women are ‘not without electoral and political power’. That feels almost like a dare Organized feminism has been on the decline in the US since the 1980s, with the radicalism of the second wave giving way to a more diffuse, less focused feminist movement consisting of NGOs, campus activists, online discourse and HR inclusion initiatives. In a way, this is normal. Students of the movement have long spoken of feast and fallow years for feminism, eruptions of activism that are followed by long and virulent backlashes.But feminism has perhaps never received such a dramatic and immediate setback as it did this June. The supreme court’s decision in Dobbs v Jackson Women’s Health Organization undid the major legal achievement of the second wave era, reversing Roe v Wade and ending the constitutional right to an abortion.The result has been chaos, with so-called “trigger bans” blasting into enforcement in some states, long-dormant laws from before the era of women’s suffrage being revived in others and still other states left in limbo, as abortion flickers in and out of legality, depending on the proclivities of whichever judge is determining whichever injunction. Children and teens who are pregnant as a result of incest, rape or exploitation are now forced to travel across state lines for abortions, because they live in states where a fetus or embryo is valued more highly than their own health and potential. Women whose pregnancies are doomed are forced to wait, carrying fetuses they know will not live, or to slowly bleed out their miscarriages until either the fetus dies or they go septic.There’s an incalculable amount of cruelty now being forced on pregnant women, and there’s also an insidious kind of debasement being imposed on all women, pregnant or not. Millions of American women and trans people are now living in states where their lives are not their own, where an unplanned pregnancy can derail their educations, careers or plans, where they must live under the indignity of the knowledge that the state can compel them to give birth. That injury is not the kind of acute horror story that we see coming out of states where bans are now in effect. But it is an injury that has been done to each and every woman in America.This indignity is political. For the past five decades, during the Roe era, American women were endowed with a basic level of respect by the right to abortion. They could not be forced to carry a pregnancy to term; their bodies, at least on paper, were their own. This principle lent women a sense of worth and equality under the law, the sense that the freedoms and responsibilities of self-determination and self-respect – of life, liberty and the pursuit of happiness – so revered in the American tradition were theirs, too. The idea was that women were made, by Roe, into full citizens – not members of some lesser class needing monitoring or protection, but equal participants in the American project.This idea was so powerful and potent to American women’s identity that it did not matter what the reality of Roe was. It did not matter that the decision itself was built on legal reasoning about a right to privacy, instead of a more secure, more honest reasoning about equality; it did not matter that the supreme court had never recognized American women as having their own individual right to reject pregnancy. Over the 49 years of its existence, Roe became more than just the 1973 court decision and its logic. It became a symbol, a shorthand for the baseline preconditions of women’s full citizenship.Dobbs erased both the law and the symbol. Women no longer have a constitutional right to an abortion, and we no longer have the dignity that that right gave us. We are now, in many states, subject to laws that criminalize and surveil us, that assess our needs for medical care based on whether we are suffering enough to deserve it, that in many cases treat blobs of tissue, laughably far from anything human, as having rights and interests that trump our own. In one of the most intimate and life-defining aspects of our existence, we find ourselves not quite treated as adults, not allowed to make our own choices, not trusted to know our own interests and not valued in our own right. In pregnancy, women are now less citizens than they are subjects.In his majority opinion ending the constitutional right to abortion, Samuel Alito asserts that he’s not hurting women on the basis of their sex at all, that he is merely handing the issue “back to the states”, as if any state law banning or restricting abortion did not inherently make women less equal. But Alito asserted that women who did not like the Dobbs decision could simply vote to reverse its effects in their own states, and hope that a majority of other voters agreed with them that they should be full citizens with self-determination. “Women are not without electoral or political power,” Alito said, perhaps somewhat regretfully. If they didn’t like the status of second-class citizenship to which his ruling had consigned them, why didn’t they simply vote themselves out of it? Maybe we will. During the midterm elections, American women can vote en masse to restore reproductive freedom.Of course, voting will not be sufficient to restore abortion rights and women’s full citizenship in America. For that, we will need a revival of an organized and radical feminist movement, committed to local engagement, long-term relationship – and institution-building and direct action. The seeds of that movement are already beginning to germinate in the local abortion funds, clandestine mutual-aid efforts and grassroots mobilizations that have helped fill the well of need in the wake of Dobbs. And of course, voting is not easy for everyone – it has been made less easy, and less meaningful, by the actions of the same supreme court.But the midterm elections represent an immediate opportunity for American women to exercise that political power of which Alito spoke. The elections can preserve Democratic majorities in the House and Senate, which can stave off Republican ambitions to ban abortion nationwide; if the majorities are large enough, they may even be able to fulfill Joe Biden’s promise to reinstate Roe by statute. Voting for Democratic governors, attorneys general and state legislators can blunt or reverse the impact of state abortion bans and misogynist laws: a local election, for many women voters, means a choice between a district attorney who will prosecute patients and providers of abortions, and one who will not.Alito’s whole opinion drips with contempt, but the line about American women – that we are “not without electoral and political power” – felt like a dare. American women do have power, perhaps more than Samuel Alito realizes. It’s time to call his bluff.
    Moira Donegan is a Guardian US columnist
    TopicsUS politicsOpinionAbortionWomenRoe v WadeUS supreme courtLaw (US)HealthcommentReuse this content More

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    Don’t Believe Lee Zeldin When He Says He Can’t Touch Abortion Access in New York

    I called Mark Levine, the Manhattan borough president, on Monday morning to see how worried he was about New York’s governor’s race. Levine, a Democrat who’d just come from campaigning with Gov. Kathy Hochul, was pretty worried. Yes, polls have shown Hochul consistently ahead of the Trumpist Republican congressman Lee Zeldin, but Levine thought the race could go either way.“I don’t think we know how accurate polls are in New York State,” Levine told me, noting how long it’s been since New York has had a competitive statewide general election. “And there’s no doubt that Zeldin has used the crime issue to whip up energy on his side.”There are many reasons to be aghast at the idea of a gun-loving election denier taking power in a state that’s been as reliably liberal as New York. One of them is what Zeldin might do to New York’s status as a haven for abortion access.Though Zeldin is a co-sponsor in the House of the Life at Conception Act, which would bestow full personhood rights on embryos, he’s tried to neutralize abortion as a campaign issue by insisting that he couldn’t change New York’s abortion law even if he wanted to.There’s something bizarre about this argument: As Assemblywoman Deborah Glick pointed out to me, Zeldin is telling pro-choice New Yorkers that we can rely on the Legislature to protect us from him. And while it’s true that Zeldin wouldn’t be able to ban abortion anytime soon, there are many things, short of making abortions illegal, that a governor can do to make them harder to get.Zeldin’s strategy is similar to the one that Christine Drazan, the anti-abortion Republican with a decent chance of becoming governor of Oregon, is employing in her race. Both are trying to use Democrats’ success in passing state-level abortion protections against them, by arguing that these laws make their personal opposition to abortion moot.“I will not change and could not change New York’s abortion law,” Zeldin said in one ad, while Drazan told Oregon Public Broadcasting that “Roe is codified into Oregon law. Regardless of my personal opinions on abortion, as governor, I will follow the law.” But when it comes to reproductive rights, the letter of the law isn’t the only thing that matters.New York, for example, recently passed a statute that, among other things, prohibits law enforcement from cooperating with out-of-state prosecutors on most abortion cases. But whether a Governor Zeldin would be totally constrained by the law is unclear. He has promised to remove Manhattan’s district attorney, Alvin Bragg, from office, even though Bragg was elected last year with 84 percent of the vote, suggesting a willingness to push the limit of his authority. Oregon, meanwhile, has no such law, only a written commitment from the governor, the Democrat Kate Brown, to resist out-of-state legal actions over abortion.In both Oregon and New York, there are lots of administrative levers governors could pull to stymie reproductive health care. Zeldin has said it would be a “great idea” to appoint an anti-abortion health commissioner, a position with a lot of power in the state. Shortly after the draft of the Supreme Court decision overturning Roe was leaked in May, Hochul created the $25 million Abortion Provider Support Fund to help New York providers care for an expected influx of out-of-state patients, and allocated $10 million more to help clinics beef up their security. Zeldin would almost certainly do away with grants like these. Drazan has criticized a similar grant program in Oregon, referring derisively to the funding of “abortion tourism.”New York’s governor “controls the purse strings, because he controls the division of the budget,” said Glick, who led the fight to pass the 2019 Reproductive Health Act, which codified Roe and expanded the number of health professionals who can legally perform abortions in the state. As governor, she said, Zeldin could withhold money from Planned Parenthood and restrict Medicaid funding for abortion. “You can slowly starve some programs by simply not providing resources in a timely fashion.”Of course, the people who care deeply about the nuances of reproductive health policy are probably already voting for Democrats, which is why pointing out all the ways right-wing governors could erode abortion access feels so dispiriting. Politically, the anti-abortion movement has often been at its strongest when it’s fighting for regulations that strangle providers with red tape or cut off public funding, because most people aren’t going to get far enough into the weeds to get outraged.While Roe still stood, the anti-abortion movement used a strategy of regulatory siege to chip away at abortion rights in red states. With anti-abortion governors, a similar strategy could be deployed in blue ones. Speaking to New York Right to Life in April, Zeldin promised an open-door policy. “Come on in to the second floor of the New York State Capitol,” he said. “It’s been a while, but you come right on in.”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