More stories

  • in

    Women’s rights have suffered a grim setback. But history is still on our side | Rebecca Solnit

    Women’s rights have suffered a grim setback. But history is still on our sideRebecca SolnitYou can take away a right through legal means, but it is harder to take away the belief in that right. The uproar over the court’s hideous abortion decision is a reminder of how unpopular it is As it happened, I was in Edinburgh the day Roe v Wade was overturned, and the next day I caught a train back to London and did what I usually do when I get anywhere near King’s Cross station. I took the short walk to the old St Pancras churchyard to visit the tombstone of the great feminist ancestor Mary Wollstonecraft, author of that first great feminist manifesto A Vindication of the Rights of Woman. To be there that day was to remember that feminism did not start recently – Wollstonecraft died in 1797 – and it did not stop on 24 June.The Roe ruling is not about states’ rights. It’s about power and control | Derecka PurnellRead moreWomen in the US gained this right less than half a century ago – a short time when the view is from Wollstonecraft’s memorial. I have regularly heard the opinions in recent decades that feminism failed or achieved nothing or is over, which seems ignorant of how utterly different the world (or most of it) is now for women than it was that half century ago and more. I say world, because it’s important to remember that feminism is a global movement and Roe v Wade and its reversal were only national decisions.Ireland in 2018, Argentina in 2020, Mexico in 2021 and Colombia in 2022 have all legalized abortion. So many things have changed in the last half century for women in so many countries that it would be hard to itemize them all; suffice to say that the status of women has been radically altered for the better, overall, in this span of time. Feminism is a human rights movement that endeavors to change things that are not just centuries, but in many cases millennia old, and that it is far from done and faces setbacks and resistance is neither shocking nor reason to stop.Wollstonecraft did not even dream of votes for women – most men in the Britain of her time didn’t have voting rights either – or of many other rights we now consider ordinary, but you don’t have to go back to the eighteenth century to encounter radical inequality on the basis of gender. It was everywhere in large and small ways into recent decades – and culturally still persists in the widespread attempts to control and contain women and the prejudices women still encounter about their intellectual competence, sexuality, and equality.Half a century ago it was legal in the US to fire women because they were pregnant – it happened to Elizabeth Warren, then a young schoolteacher. The right to access birth control – for married couples – was only guaranteed by the 1965 Griswold decision this rogue supreme court may also be gunning for. The right of equal access to birth control for the unmarried was only settled in the supreme court in 1972. The 1974 Equal Credit Opportunity Act rendered illegal the discrimination by which unmarried women had trouble getting credit and loans while married women routinely required their husbands to cosign for them.Marriage in most parts of the world including North America and Europe was, until very recently, a relationship in which the husband gained control by law and custom over his wife’s body and nearly everything she did, said, and owned. Marital rape was hardly a concept until feminism made it one in the 1970s, and the UK and US only made it illegal in the early 1990s. The 17th-century English jurist Matthew Hale argued “the husband of a woman cannot himself be guilty of an actual rape upon his wife, on account of the matrimonial consent which she has given, and which she cannot retract”. That is, a woman having once consented could never thereafter say no, because she had consented to be owned. Incidentally, the current supreme court decision revoking reproductive rights repeatedly cites Hale, who is also well-known for sentencing two elderly widows to death for witchcraft in 1662.Wollstonecraft, who had participated in the French Revolution, wrote: “The divine right of husbands, like the divine right of kings, may, it is hoped, in this enlightened age, be contested without danger.” Contested, but hardly overcome for almost two more centuries. As coercive control and domestic violence, men still impose their expectation of dominance and punish independence, while rightwing Republicans seek to return women to inferior status under the law and in the culture, citing that ancient text the Bible as their authority.Their supreme court may go after marriage equality next. I have long thought that the marriage equality that means equal access to same-sex couples would be impossible, had marriage as an institution not been made over, thanks to feminism, as a freely negotiated relationship between equals. Equality between partners is threatening to the inequality inherent in traditional patriarchal marriage, which is why – along with homophobia, of course – they’re so hostile to it. And, of course, it too is new; a very different supreme court recognized this right in June of 2015, only seven years ago (and Switzerland and Chile only did so in 2021).The last decade has been a rollercoaster of gains and losses, and there is no neat way to add them up. The gains have been profound, but many of them have been subtle. Since about 2012, a new era of feminism opened up conversations – on social media, in traditional media, in politics and private – about violence against women and the many forms of inequality and oppression, legal and cultural, obvious and subtle. Recognition of the impact of violence against women expanded profoundly and brought on real results. The Me Too movement has been much derided as a celebrity circus but it was only one manifestation of a feminist surge begun five years earlier, and it helped lead to changes in US state and federal laws governing sexual harrassment and abuse, including a bill that passed the senate this February and the president signed into law in early March.This week’s sentencing of R Kelly to 30 years in prison and Ghislaine Maxwell to 20 are the consequence of a shift in who would be listened to and believed, which is to say who would be valued and whose rights would be defended. Of people being included in the conversations in the courts of law who had not before been heard there. Perpetrators who had gotten away with crimes for decades – Larry Nassar, Bill Cosby, Harvey Weinstein among them – lost their impunity, and belated consequences came crashing down on them. But the fate of a handful of high-profile men is not what matters most, and punishment is not how we remake the world.The conversations are about violence and inequality, about the intersectionalities of race and gender, about the rethinking of gender beyond the simplest binaries, about what freedom could look like, what desire could be, what equality would mean. Just to have those conversations is liberatory. To see younger women reach beyond what my generation perceived and claimed is exhilarating. These conversations change us in ways the law cannot, make us understand ourselves and each other in new ways, reconceive race, gender, sexuality, and possibility.You can take away a right through legal means, but you cannot take away the belief in that right so easily. The supreme court’s Dred Scott and Plessy v Ferguson decisions in the 19th century did not convince Black people that they did not deserve to live as free and equal citizens; it merely prevented them from doing so in practical terms. Women in many US states have lost their access to abortion, but not their belief in their right to it. The uproar in response to the court’s decision is a reminder of how unpopular it is, and how hideously it will impact the ability of women to be free and equal under the law.It is a huge loss. It does not exactly return us to the world before Roe v Wade, because in both imaginative and practical terms US society is profoundly different. Women have far more equality under the law, in access to education, employment, and institutions of power, and to political representation. We have far more belief in those rights and a stronger vision of what equality looks like. That the status of women is so radically changed from where it was in, say, 1962, let alone 1797, is evidence that feminism is working. And the supreme court’s hideous decision confirms that there is still a lot of work to do.
    Rebecca Solnit is a Guardian US columnist
    TopicsUS politicsOpinionRoe v WadeAbortioncommentReuse this content More

  • in

    The Long Path to Reclaim Abortion Rights

    The Supreme Court decision to reverse Roe, far from settling the matter, instead has launched court and political battles across the states likely to go on for years.Attempting to recover from their staggering loss in the Supreme Court, abortion rights groups have mounted a multilevel legal and political attack aimed at blocking and reversing abortion bans in courts and at ballot boxes across the country.In the week since the court overturned Roe v. Wade, litigators for abortion rights groups have rolled out a wave of lawsuits in nearly a dozen states to hold off bans triggered by the court’s decision, with the promise of more suits to come. They are aiming to prove that provisions in state constitutions establish a right to abortion that the Supreme Court’s decision said did not exist in the U.S. Constitution.Advocates of abortion rights are also working to defeat ballot initiatives that would strip away a constitutional right to abortion, and to pass those that would establish one, in states where abortion access is contingent on who controls the governor’s mansion or the state house.And after years of complaints that Democrats neglected state and local elections, Democratic-aligned groups are campaigning to reverse slim Republican majorities in some state legislatures, and to elect abortion rights supporters to positions from county commissioner to state supreme court justices that can have influence over the enforcement of abortion restrictions.“You want all the belt and suspenders that you can have,” said Nancy Northup, president of the Center for Reproductive Rights, which litigated Dobbs v. Jackson Women’s Health Organization, the case the Supreme Court used to overturn Roe. While the Supreme Court said it wanted to end five decades of bitter debate on abortion, its decision has set up a new fight, one that promises to be long and equally bitter.Although abortion rights supporters say their strategy is promising, the path ahead is slow and not at all certain. Polls show that Americans overwhelmingly say that the decision to have an abortion should be made by women and their doctors rather than state legislatures. But Republican-controlled state legislatures have passed hundreds of restrictions on abortion over the last decade, and legislative districts are heavily gerrymandered to protect Republican incumbents. Litigation in state courts will be decided by judges who in many cases have been appointed by anti-abortion governors.Although abortion rights supporters say their strategy is promising, the path ahead is not at all certain.Anna Rose Layden for The New York TimesAbortion rights groups say their cases relying on state constitutions offer a viable path forward to establish Roe-like protections in states. Even in conservative states such as Oklahoma and Mississippi, they see an opportunity to overturn abortion bans and establish a constitutional backstop against further restriction.But in other places, the goal of the litigation is to at least temporarily restore or preserve abortion access, now that the court’s decision stands to make it illegal or effectively so in more than half the states, which include 33.5 million women of childbearing age.In Louisiana, for example, though the state constitution expressly says there is no right to abortion, the legal challenge has allowed three clinics to continue serving women whose plans to end their pregnancies were thrown into disarray by the court’s decision.From Opinion: The End of Roe v. WadeCommentary by Times Opinion writers and columnists on the Supreme Court’s decision to end ​​the constitutional right to abortion.Michelle Goldberg: “The end of Roe v. Wade was foreseen, but in wide swaths of the country, it has still created wrenching and potentially tragic uncertainties.”Spencer Bokat-Lindell: “What exactly does it mean for the Supreme Court to experience a crisis of legitimacy, and is it really in one?”Bonnie Kristian, journalist: “For many backers of former President Donald Trump, Friday’s Supreme Court decision was a long-awaited vindication.” It might also mark the end of his political career.Erika Bachiochi, legal scholar: “It is precisely the unborn child’s state of existential dependence upon its mother, not its autonomy, that makes it especially entitled to care, nurture and legal protection.”“We have to take these things in steps,” said Joanna Wright, a partner at Boies Schiller Flexner who, with the Center for Reproductive Rights, is leading the Louisiana case. “A lot can change in a day, a month and six months. Time will tell the rest, but this is the fight right now.”The Supreme Court’s decision has flipped the dynamic of abortion strategy that has prevailed for the half-century since Roe, when anti-abortion groups chipped away at legal access by electing like-minded state legislators and passing increasingly strict laws, and abortion rights groups could rely on Roe to prevent the most severe bans from taking effect.Now, anti-abortion groups and congressional Republicans discuss federal legislation that would ban abortion across the country after 15 weeks of pregnancy, and abortion rights groups have begun climbing the steeper and narrower path state by state. “Democracy is a collective action,” said Ms. Wright, “and what we’ve seen from the anti-abortion movement is an ability to mobilize all the pieces of that,” which culminated, she added, with the overturning of Roe.By Friday, the groups had temporarily blocked bans from taking effect in Utah, Kentucky, Louisiana, and Florida; judges have set hearings over the next several weeks to consider permanent injunctions. But they lost bids to hold off bans in Ohio and Texas.Anti-abortion groups had argued for decades that the question of abortion should be left up to states, not to unelected judges in Washington. Within hours of the court’s decision, Republican politicians and law enforcement officials announced that bans, once held up in court, were now in effect, and would be prosecuted to the full extent of the law.They decried their opponents’ strategy in the courts.“To say that the State Constitution mandates things like dismemberment abortions, I just don’t think that’s the proper interpretation,” Gov. Ron DeSantis, a Republican, said after Florida’s ruling temporarily blocking a law prohibiting abortion after 15 weeks.The legal challenges argue that the Supreme Court’s decision has thrown abortion providers and patients into chaos, subjecting them to state laws that are often unclear, contradictory or confusing. Women have shown up for appointments only to be told that their pregnancies have now progressed too far to be eligible for abortion under new laws banning abortion after six weeks. In Montana, Planned Parenthood clinics said recently that they would require proof of residency for women seeking abortion pills, because of fears that prosecutors in other states might prosecute anyone who helped their residents get abortions.Abortion rights groups have not given up on hopes of federal action to protect abortion: They are pushing President Biden to use a declaration of a public health emergency to allow the Department of Health and Human Services to authorize out-of-state providers to prescribe and provide abortion pills to women in states where abortion bans have made them illegal.They are also pushing the Senate to suspend its filibuster and pass the Women’s Health Protection Act, which would establish a right to abortion before viability, as was provided in Roe. Mr. Biden reversed himself on Thursday to say that he supported lifting the filibuster, though he also told a group of Democratic governors that there were not enough votes in the Senate to do so.Abortion rights groups have not given up on hopes of federal action to protect abortion, but they have begun pursuing legal and legislative action state by state. Anna Rose Layden for The New York TimesBut by necessity, the groups are focused first on state action.While the Supreme Court’s opinion, written by Justice Samuel Alito, declared that it was returning the regulation of abortion regulation “to the people and their elected representatives,” its decision has delivered the issue to other courts, those in the states.“If the Supreme Court and Justice Alito and the anti-abortion advocates thought this was going to settle the question, they are going to see just how wrong they are,” Anthony Romero, executive director of the American Civil Liberties Union, said in a news conference Friday alongside lawyers and leaders from the Center for Reproductive Rights and Planned Parenthood. “The proliferation of litigation that will embroil the states in our country for years to come is going to underscore that this is not settled in the public’s mind.”The lawsuits argue that state constitutions offer more protection for abortion than the federal constitution, either by quirk of state tradition or history. Some, such as Florida’s, include an explicit right to privacy. In Kentucky, lawyers argue their constitution provides a right to “bodily autonomy” as well as privacy. The Roe decision in 1973 declared that the U.S. Constitution afforded a right to privacy that included a woman’s right to abortion; while the Supreme Court overturned that decision, it generally cannot overturn what states say in their own constitutions.The suit in Utah, one of the most conservative states in the country, seeks to protect abortion under a provision of the state constitution — adopted in 1896 — that provides that “both males and female citizens of this state shall enjoy equally all civil, political and religious rights and privileges.”Largely because of the influence of the Church of Jesus Christ of Latter-day Saints, the constitution also ensures that state residents have the right to plan their own families; the lawsuit argues this includes the right to choose abortion.Even in states where lawsuits have been successful, abortion rights groups say they are playing Whack-a-Mole. In Utah, as soon as the court put a temporary injunction on the state’s trigger law banning abortion, a legislator declared that the state’s law against abortion after 18 weeks, which courts had upheld while Roe was in effect, was now the operative law.“We’re in a chess game and we haven’t gotten checkmate,” said Karrie Galloway, the chief executive of Planned Parenthood in Utah. “We’re doing check, check, check, check. Unfortunately, we’re doing check, check, check with pregnant people and their families’ lives.”In Kansas, a state Supreme Court decision in 2019 found a right to abortion under the constitutional provisions for “equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.” But anti-abortion groups put an initiative on the primary ballot this August that seeks to amend the constitution to explicitly say that it does not include a right to abortion, and that the Legislature has the authority to pass further restrictions.That vote will be the first indication of how much the outrage seen in response to the Supreme Court’s decision translates into support for abortion rights in elections.Historically, voters who oppose abortion have been more driven to vote on the issue than those who support a right to abortion. But polls taken since the leak of a draft of the Supreme Court’s decision in May and the final decision in late June show that those who support abortion rights — largely Democrats — now cite it as one of their top concerns, and that the court’s decision has motivated them more to vote in elections this fall.Vote Pro Choice is attempting to turn out women, especially Black and Latina women, to vote in races including county commissioners, judges and sheriffs, particularly in states such as Texas and Georgia with restrictive abortion laws — positions responsible for enforcing anti-harassment laws outside abortion clinics, and deciding whether to give government money to crisis pregnancy centers, which anti-abortion groups have used to steer women away from abortions.Democrats need to learn from the successes of the anti-abortion groups and Republicans, said Sara Tabatabaie, the group’s chief political officer.“We have been out-raised, out-organized and out-funded for 50 years, and that is across the board,” she said. But she is encouraged by the number of people who say abortion will guide their votes in November: “In moments of tragedy, I am hopeful that there comes solidarity and increased clarity.” More

  • in

    Biden urged to do more to defend abortion rights: ‘This is a five-alarm fire’

    Biden urged to do more to defend abortion rights: ‘This is a five-alarm fire’ Furious Americans have taken to the streets, but many Democrats believe Biden has failed to capture the urgency and angerHigh above America’s capital, pro-choice activists scaled a construction crane, inching across its latticed steel arm, to affix a banner with a message for the president to see. It read: “BIDEN PROTECT ABORTION.”In the days since the supreme court overturned Roe v Wade, eliminating the constitutional right to an abortion, legions of furious Americans have taken to the streets to protest a decision that was once unimaginable. But as a new reality takes shape, many are demanding the president and Democratic leaders do more to defend reproductive rights.Biden backs exception to Senate filibuster to protect abortion accessRead more“Is it that they can’t, or they won’t, go as far as they need to to stem the tide of the radical Republican agenda?” said Aimee Allison, founder of She the People, a progressive advocacy group that works to mobilize women of color.For many Democrats, the president has failed to capture the urgency and fear they feel as conservative states and courts rush to ban abortion. “Is this a five-alarm fire? Yes, absolutely,” Allison said, adding that Democrats must show voters they are prepared to “fight like hell”.In the week since the ruling was issued, Biden stepped up his rhetoric. During a meeting with Democratic governors, Biden said he “share[d] public outrage of this extremist court that’s committed to moving America backward.” He also endorsed a change to the Senate’s filibuster rule that would create an exception for abortion and other privacy rights potentially under threat by the conservative court.“Now we’re talking!” tweeted Congresswoman Alexandria Ocasio-Cortez, a Democrat of New York, who has pushed Democrats to deliver a more aggressive response. “Use the bully pulpit. We need more.”With narrow majorities in Congress, Biden is under pressure to use the full force of his executive authority to protect reproductive rights.More than 20 Black Democratic congresswomen sent a letter to Biden asking him to immediately declare a public health emergency. “In this unprecedented moment, we must act urgently as if lives depend on it because they do,” the lawmakers wrote.Other proposals include expanding access to abortion medication, covering expenses for federal employees who have to travel out of state, ensuring women serving in the military can receive care regardless of where they are stationed and using federal lands to perform abortions in states where it is banned.Advertisement: What would the end of abortion rights in America mean for the world? Join our live discussion on Wednesday, 6 July, 3pm-4pm ET. Button says ‘book tickets here’Warning of potentially “dangerous ramifications,” the White House has so far resisted calls to open federal lands for abortion, led by Democratic senator Elizabeth Warren of Massachusetts and echoed on Friday by the governors of New York and New Mexico.“Do it anyway,” said Amanda Litman, co-founder of Run for Something, a progressive organisation that helps young people run for local and state office. “Show me you are willing to put some skin in the game.Democrats need to give voters concrete plans, she said. When Biden warns voters Republicans would ban abortion nationwide if they win control of Congress, they also need to hear him say he will not sign any restrictions they send to his desk, she added.In recent days, the justice department has said it would seek to protect any woman who travels out of state for an abortion while the health department said it is working to expand access to medication abortion.Biden has promised additional actions but has repeatedly said the only way to “truly” protect abortion access is to elect enough Democrats to codify Roe v Wade into federal law. “Vote, vote, vote. That’s how we’ll change it,” Biden said during a press conference in Madrid.But Democrats face a historically difficult election environment in the midterms this November, with inflation at a four-decade high and fears of a recession weighing down Biden’s approval rating. Yet there are early signs that the court’s ruling on abortion and the potential threat it poses to other rights such as same-sex marriage and contraception, is energizing Democrats’ demoralized base.The number of Americans who identified abortion as top concern more than doubled since December, particularly among Democrats, a new poll by the Associated Press-Norc Center for Public Affairs Research found. Meanwhile, public opinion polls show a shift toward Democrats in the wake of the court’s decision, which drew thousands of people to the streets. To successfully galvanize voters around the issue, Democrats must “connect the dots” by showing them that Republicans’ end goal is a total ban on abortion, said Molly Murphy, a Democratic pollster who has surveyed voters’ views on the issue.“Being against abortion is potentially for some voters not an indictment,” she said. “But wanting to make it illegal and trying to make it illegal is – and that’s where the debate needs to go.”This week, House Speaker Nancy Pelosi sent a letter to Democrats outlining potential votes the caucus could take. They include protecting personal data stored on reproductive health apps from “sinister” prosecutors who might use it to target women who have abortions; ensuring the right to travel between states; and enshrining the right to an abortion into federal law, a version of which has already passed the House but has no path forward in the Senate.Much of the fight has now shifted to the state and local level, where Democrats are vowing to use their power to expand access or, where they can, block new restrictions.Across the country, Democratic governors and attorneys generals are vowing to protect abortion access. Governors in states like California and Illinois want to become havens for women seeking abortions in states where it’s banned.Progressive local prosecutors and officials in conservative states say they will not enforce strict abortion laws against patients or providers. Some liberal-run cities are considering plans to set up funds for women who have to go out of state for an abortion.Meanwhile, activists have declared a “summer of rage”, vowing to keep marching and resisting until a national right to abortion is restored.But cracks are also in display in the party.Many progressives remain furious with party leaders for backing Texas congressman Henry Cuellar, the lone House Democrat to oppose abortion, over his progressive, pro-choice challenger, Jessica Cisneros. Cuellar won the primary by fewer than 300 votes.They are also mobilizing to stop Biden from nominating an anti-abortion Republican attorney for federal judgeship in Kentucky, which was reported by the Courier Journal.Democrats increasingly believe the problem is the supreme court itself. A number of Democratic lawmakers have backed efforts to expand the number of justices on the court or impose term limits. Some lawmakers are calling for Congress to investigate – or even impeach– justices who signaled during their Senate confirmation hearings they would respect precedent but then voted to overturn Roe.Biden has mostly resisted those calls. But as long as there remains a 6-3 conservative majority of justices on the court, little else will change, said Christopher Kang, cofounder and general counsel of Demand Justice, a liberal group that advocates for expanding the supreme court.“Having spent 50 years wresting a supermajority of power on the court, they’re not likely to give that away,” he said. “Unless you have a balanced supreme court, none of these other reforms will get a fair shot.”TopicsJoe BidenThe ObserverUS politicsAbortionRoe v WadenewsReuse this content More

  • in

    New York Fights Back on Guns and Abortion After Supreme Court Rulings

    Lawmakers passed measures that would prohibit concealed weapons in many public places, as well as an amendment that would initiate the process of enshrining the right to abortion in the state constitution.A week after the Supreme Court issued monumental rulings loosening restrictions on carrying guns and overturning the constitutional right to abortion, New York enacted sweeping measures designed to blunt the decisions’ effects.In an extraordinary session convened by Gov. Kathy Hochul that began Thursday and carried late into Friday evening, the State Legislature adopted a new law placing significant restrictions on the carrying of handguns and passed an amendment that would initiate the process of enshrining the right to abortion in the state constitution.The new legislation illustrates the growing distance between a conservative-led court that has reasserted its influence in American political life and blue states such as New York — one of the most left-leaning in the nation, where all three branches of government are controlled by Democrats and President Biden easily triumphed over Donald J. Trump in 2020.As Republican-led states race rightward, the New York Legislature’s moves this week provided a preview of an intensifying clash between the court and Democratic states that will likely play out for years to come.“We’re not going backwards,” Gov. Kathy Hochul, a Democrat, said at a news conference in Albany on Friday and who later that evening signed the gun bill into law. “They may think they can change our lives with the stroke of a pen, but we have pens, too.”She made remarks on the coming July 4 holiday, asking New Yorkers to remember what was being commemorated: “the founding of a great country that cherished the rights of individuals, freedoms and liberty for all.”“I am standing here to protect freedom and liberty here in the state of New York,” she added.During a special session of the New York State Legislature, lawmakers passed a new bill restricting concealed weapons.Cindy Schultz for The New York TimesThe state’s new gun law bars the carrying of handguns in many public settings such as subways and buses, parks, hospitals, stadiums and day cares. Guns will be off-limits on private property unless the property owner indicates that he or she expressly allows them. At the last minute, lawmakers added Times Square to the list of restricted sites.The law also requires permit applicants to undergo 16 hours of training on the handling of guns and two hours of firing range training, as well as an in-person interview and a written exam. Applicants will also be subject to the scrutiny of local officials, who will retain some discretion in the permitting process.Enshrining the right to abortion in the state’s constitution will be more onerous. Amending the State Constitution is a yearslong process, which starts with passage by the Legislature. Then, after a general election, another session of the Legislature must pass the amendment before it is presented to voters in a ballot referendum.Key Results in New York’s 2022 Primary ElectionsOn June 28, New York held several primaries for statewide office, including for governor and lieutenant governor. Some State Assembly districts also had primaries.Kathy Hochul: With her win in the Democratic, the governor of New York took a crucial step toward winning a full term, fending off a pair of spirited challengers.Antonio Delgado: Ms. Hochul’s second in command and running mate also scored a convincing victory over his nearest Democratic challenger, Ana María Archila.Lee Zeldin: The congressman from Long Island won the Republican primary for governor, advancing to what it’s expected to be a grueling general election.N.Y. State Assembly: Long-tenured incumbents were largely successful in fending off a slate of left-leaning insurgents in the Democratic primary.But lawmakers took a first step on Friday when the legislature passed the Equal Rights Amendment, which along with guaranteeing rights to abortion and access to contraception, prohibited the government from discriminating against anyone based on a list of qualifications including race, ethnicity, national origin, disability or sex — specifically noting sexual orientation, gender identity and expression, and pregnancy on the list of protected conditions.Some of the protected classes in the language of the measure appeared to anticipate future rulings from the court, which also indicated last week that it might overturn cases that established the right to same-sex marriage, same-sex consensual relations and contraception.“We’re playing legislative Whac-a-Mole with the Supreme Court,” said Senator Brad Hoylman, a Manhattan Democrat. “Any time they come up with a bad idea we’ll counter it with legislation at the state level.”“Civil liberties are hanging in the balance,” he added.New York Republicans, who have little sway in either legislative chamber, split over the Equal Rights Amendment, with seven voting in favor and 13 against. But they were united in opposition against the concealed carry bill, saying Democrats had tipped the balance much too heavily in favor of restrictions.“Instead of addressing the root of the problem and holding violent criminals accountable, Albany politicians are preventing law-abiding New Yorkers, who have undergone permit classes, background checks and a licensing process from exercising their constitutional right to keep and bear arms,” said Robert Ortt, the Republican leader in the Senate, who is from Western New York.The session in Albany took place just a week after the Supreme Court — now fully in the control of right-leaning justices, three of whom were appointed by Mr. Trump — moved forward on a pair of issues that have long animated conservatives.Last Thursday, it struck down New York’s century-old law that was among the strictest in the nation in regulating the public carrying of guns. The decision found that the law, which required that applicants demonstrate that they had a heightened need to carry a firearm in public, was too restrictive and allowed local officials too much discretion. The court invited states to update their laws.The following day, the court overturned Roe v. Wade, stripping Americans of the constitutional right to abortion nearly 50 years after it was first granted.New York will be the first of six states directly affected by the gun ruling to pass a new law restricting the carrying of guns. Similar legislation has been proposed in New Jersey, where a top legislative leader said this week it was possible lawmakers could be called back into session this summer to respond.Officials there have coordinated directly with their counterparts in New York, and the two laws are expected to share many features.Lawmakers in Hawaii have also said that they are working on new firearm legislation, while officials in California, Maryland and Massachusetts are discussing how the court’s decision should be addressed in their states.In an interview, Andrea Stewart-Cousins, the Senate majority leader in New York, said that Democratic leaders were adamant that New York “model what state legislatures all over this nation can do to reaffirm the rights of their residents.”The State Senate majority leader, Andrea Stewart-Cousins, center, holds a news conference on Friday during the second day of the special legislative session in Albany.Cindy Schultz for The New York TimesShe defended the new concealed carry restrictions as a common-sense safety measure that balanced Second Amendment interests laid out by the Supreme Court with concerns about legally carrying weapons into sensitive or crowded places, particularly in dense urban areas like New York City already facing a scourge of gun violence.“We didn’t want an open season,” Ms. Stewart-Cousins said. “In the environment that we are in, it is important to make sure that we are creating a process that respects what the Supreme Court has said but allows us to keep New Yorkers as safe as possible.”Republicans disagreed.“If you look at the sensitive areas, it’s the entire state, it’s everywhere,” said State Senator Andrew Lanza, a member of Republican leadership from Staten Island. “So much of New York is now considered a sensitive area for the purpose of this law that there is no such thing as a concealed permit anymore.”Andrew Lanza, center, the deputy minority leader, spoke against the New York State Senate’s gun safety legislation on Friday, saying, “There is no such thing as a concealed permit anymore.”Cindy Schultz for The New York TimesTwo other states, California and Vermont, have also moved closer to placing abortion protections in their constitutions. This week, lawmakers in California advanced a constitutional amendment enshrining the right, and in November, residents of both states will vote on whether to make the amendments law.Republican-led states are charging hard in the other direction. So far, seven have banned abortion since the justices’ decision last week. Another half dozen, including Texas and Tennessee, are expected to quickly follow suit. And voters in states like Kentucky and Kansas will soon decide whether to ban the practice via referendum.By pushing so quickly in New York to respond to both rulings, Ms. Hochul and Democratic legislative leaders have kept the state on a path set by her predecessor, Andrew M. Cuomo, during Mr. Trump’s presidency. Before allegations of sexual misconduct from a number of women led to his resignation, Mr. Cuomo was explicit in juxtaposing his agenda with the priorities of the Republican president, saying in late 2018 that he was declaring New York’s independence.State Senator Michael Gianaris of Queens, the deputy majority leader, said New Yorkers should expect more of the same in the coming years.“The Supreme Court seems intent on destroying this country one decision at a time,” he said in an interview. “Today, we made clear that New York will stand up against this rollback of rights that we’ve come to expect in the United States. You can expect we will continue doing this as the court keeps issuing horrible decisions.”Luis Ferré-Sadurní More

  • in

    Joe Biden predicts states will try to arrest women who travel for abortions – video

    Joe Biden said on Friday that some US states would try to arrest women for crossing state lines to get abortions after the supreme court overturned the constitutional right to the procedures nationwide. Speaking virtually with Democratic governors to discuss efforts to protect access to reproductive healthcare, Biden added the federal government would protect women seeking medication in states where it had been banned as well as those who need to cross state lines to get the procedure More

  • in

    Biden calls court’s Roe ruling ‘tragic reversal’ during meeting with Democratic governors – as it happened

    Opening the meeting with Democratic governors, Biden called the court’s ruling on abortion a “tragic reversal”. “I share the public outrage of this extremist court that is committed to moving America backwards,” Biden said. He vowed to fight to protect women’s rights: “This is not over.”He pointed to two steps the administration has taken to increase the availability of medication abortion and protect women who travel out-of-state for an abortion. He also warned that if Republicans won control of Congress they would try to pass a nationwide ban on abortion. Per the White House, the Democratic governors participating in Friday’s meeting are: Ned Lamont, Governor of ConnecticutKathy Hochul, Governor of New YorkMichelle Lujan Grisham, Governor of New MexicoJB Pritzker, Governor of IllinoisJay Inslee, Governor of WashingtonKate Brown, Governor or OregonRoy Cooper, Governor of North CarolinaJared Polis, Governor of ColoradoDan McKee, Governor of Rhode IslandThis afternoon Joe Biden met with a group of Democratic governors to highlight their efforts to protect abortion. During the meeting, Biden called the supreme court’s ruling a “tragic reversal” and again vowed that the federal government was exploring more actions it could take to help women access reproductive care.
    Speaking from the White House, Biden said the administration had already taken steps to protect women. He said the Justice Department would defend anyone who travels to another state to have abortion and said the Department of Health and Human Services was working to make abortion medications more available. “This is not over,” he promised.
    Biden acknowledged that Democrats do not have enough votes in the Senate to change the filibuster rules to pass a bill protecting abortion and other privacy rates. He urged Americans to vote for pro-choice candidates, noting that two more Democratic senators would likely be enough to carve out an exception in the filibuster to pass abortion rights.
    The governors of New York and New Mexico urged Biden to consider using federal lands in states where abortion is banned or severely restricted to provide reproductive care. The White House has so far dismissed the suggestion as “well intentioned” but impractically and potentially risky.
    Biden also warned that if Republicans win control of Congress they will seek to ban abortion nationwide.
    Biden also announced that he will award the presidential medal of freedom to 17 people, including actor Denzel Washington, gymnast Simone Biles and the late Arizona senator, John McCain.
    That’s all from us this week. But for more, we invite you to listen to the latest episode of Politics Weekly America. This week, columnists Jonathan Freedland and Jill Filipovic discuss “whether it’s still possible for a deeply divided court of nine judges, a group that now has a 6-3 conservative majority, to keep the promise to the American people of ‘equal protection’, and what happens if it can’t.”Politics Weekly AmericaAmericans lose faith in the US supreme court: Politics Weekly AmericaSorry your browser does not support audio – but you can download here and listen https://audio.guim.co.uk/2020/05/05-61553-gnl.fw.200505.jf.ch7DW.mp300:00:0000:25:01Biden concluded the public portion of the meeting, but asked the governors to stick around so they could discuss ways in which the federal government might act to protect abortion access. During a press conference yesterday, Biden suggested that he might unveil a series of new actions but there was no such announcement. Speaking first, New York governor Kathy Hochul, said her state is acting quickly to shore up women’s reproductive rights in its constitution and protect access to contraception and other rights. “This is frightening time for women all across our nation, a lot of fear and anxiety out there,” she said. Hochul also pushed Biden to use federal lands for abortion services – a suggestion that the White House has so far dismissed as “well-intentioned” but potentially risky.Next we’re hearing from North Carolina governor, Roy Cooper, a Democratic in a Republican-leaning state. “This democratic governor is going to hold the line to protect women’s reproductive freedom in our state,” he said. But he said he needs more Democrats in the state legislature to help sustain his vetos of Republican bills that seek to ban or severely restrict abortions.Already he said North Carolina is seeing an influx of patients from other states with bans and tighter restrictions. “We are in fact that brick wall against this horrific supreme court decision,” said Michelle Lujan Grisham, the governor of New Mexico said. She outlined the ways New Mexico was preparing to be a haven for women coming from neighboring states that have already outlawed abortions. She also pressed Biden to do more at the federal level to protect abortion access, such as setting up abortion clinics on tribal lands, should a tribe want to open private clinics for non-Native Americans to receive care. Opening the meeting with Democratic governors, Biden called the court’s ruling on abortion a “tragic reversal”. “I share the public outrage of this extremist court that is committed to moving America backwards,” Biden said. He vowed to fight to protect women’s rights: “This is not over.”He pointed to two steps the administration has taken to increase the availability of medication abortion and protect women who travel out-of-state for an abortion. He also warned that if Republicans won control of Congress they would try to pass a nationwide ban on abortion. Per the White House, the Democratic governors participating in Friday’s meeting are: Ned Lamont, Governor of ConnecticutKathy Hochul, Governor of New YorkMichelle Lujan Grisham, Governor of New MexicoJB Pritzker, Governor of IllinoisJay Inslee, Governor of WashingtonKate Brown, Governor or OregonRoy Cooper, Governor of North CarolinaJared Polis, Governor of ColoradoDan McKee, Governor of Rhode IslandAs we await Biden’s appearance with Democratic governors, the White House announced that the president will travel to Cleveland, Ohio next week. There he will speak about his “economic agenda and building the economy from the bottom up and the middle out,” the White House said in a statement. In what has become something of a pattern for Republicans, an Utah lawmaker has apologized for a bizarre comment that suggested women could do more to prevent pregnancies resulting from rape. (See: Todd Akin.)According to the Salt Lake Tribune, Utah state representative, Karianne Lisonbee, said during a press conference that she had received messages urging lawmakers should also hold men accountable for unwanted pregnancies in the wake of the supreme court’s ruling on Roe. “I got a text message today saying I should seek to control men’s ejaculations and not women’s pregnancies,” Lisonbee reportedly said. She added: “I do trust women enough to control when they allow a man to ejaculate inside of them and to control that intake of semen.”In a statement to the paper, she clarified her remarks and pointed to her efforts to expand protections for victims of sexual assault. “Women do not have a choice when they are raped and have protections under Utah’s trigger law,” she told the Tribune. “The political and social divide in America seems to be expanding at an ever-faster pace. I am committed to ongoing respectful and civil engagement. I can always do better and will continue to try.”Utah Republican apologises for saying women can control ‘intake of semen’Read moreHere are the other names of individuals who will receive the presidential medal of freedom next week. Julieta García, the former president of The University of Texas at Brownsville and the first Hispanic woman to serve as a college president Father Alexander Karloutsos, the former Vicar General of the Greek Orthodox Archdiocese of America.Sandra Lindsay, a New York critical care nurse who was the first American to receive a COVID-19 vaccine outside of clinical trial. Alan Simpson, a former Republican senator from Wyoming who advocated for campaign finance reform, responsible governance, and marriage equality.Wilma Vaught, one of the most decorated women in the history of the US military.Raúl Yzaguirre, a civil rights advocate who served as CEO and president of National Council of La RazaGymnast Simon Biles, actor Denzel Washington, the late Apple founder, Steve Jobs, soccer player Megan Rapinoe, the late Arizona senator John McCain, and former Congresswoman Gabby Giffords are among the 17 people who will receive the Presidential Medal of Freedom this month.It is the nation’s highest civil honor, presented by the president to individuals who have “demonstrate[d] the power of possibilities and embody the soul of the nation – hard work, perseverance, and faith,” the White House said in a press release.Biden will present the awards during a ceremony at the White House on 7 July. Recipients also include barrier-breaking activists and lawmakers such as Sister Simone Campbell, a Catholic social justice advocate, Fred Gray, one of the first black members of the Alabama State legislature, Diane Nash, a founding member of the Student Nonviolent Coordinating Committee (SNCC), Richard Trumka, the late leader of the AFL-CIO, and Khizr Khan, a Gold Star father who rose to prominence when he challenged Trump’s commitment to the Constitution. Republican congresswoman Liz Cheney is in the fight of her political life as she tries to keep her seat while leading the charge against her party’s most popular figure, Donald Trump. Last night she participated in a debate against her opponent, the one-time Trump critic turned loyalist Harriet Hageman. Here’s Martin Pengelly’s write up of the event. More

  • in

    Anti-abortion movement achieved goal of reversing Roe – but it is far from done

    Anti-abortion movement achieved goal of reversing Roe – but it is far from done A total end to abortion in the US is the next goal – and how the movement aims to accomplish that depends on who you askThe anti-abortion movement has historically been among the best organized factions in American politics, and for decades has had a seemingly singular goal: overturn Roe v Wade.Last week, that was accomplished and as the anti-abortion movement celebrated its victory via the US supreme court, one question has emerged: what will they do next?The court’s conservative supermajority reversed the landmark 1973 decision, which had granted US women the federal right to terminate a pregnancy. The end to the constitutional right almost immediately led more than half a dozen states to ban the procedure. In the coming weeks and months, more than half of US states are expected to institute severe restrictions or outright bans.But that does not mean the end of the movement. Far from it, in fact.“There still is a singular goal,” said Mary Ziegler, a historian of abortion laws in the US, a visiting law professor at Harvard, and recent author of Dollars for Life: The Anti-Abortion Movement and the Fall of the Republican Establishment. That goal “has never been the overruling of Roe” but fetal personhood – a legal concept that would establish “some kind of recognition of fetal rights”.Global healthcare groups and human rights advocates have called the US court’s decision “an unconscionable attack” on the health and rights of US women and girls, warned it will cause a global chilling effect on reproductive healthcare, and that abortion bans and forced birth will exacerbate already egregious maternal mortality disparities in the US.Nevertheless, the anti-abortion movement has made clear its work is not done. But how to set about achieving the next goal – a total end to abortion in the US – depends on who you ask.Ruth Bader Ginsburg, former liberal supreme court justice and famous supporter of reproductive rights, had argued Roe provided opponents of abortion, “a target to aim at relentlessly”.With the landmark case no longer an impediment to anti-abortion ambitions, “there’s much more of a kind of free-for-all about how you should achieve personhood”, Ziegler said. Now, the once rigidly cohesive movement is wrestling with the best way forward.In Georgia, where a ban on abortion at six weeks gestation is likely to go into effect, anti-abortion leaders immediately called on the Republican governor, Brian Kemp, to impanel to pass a “personhood” amendment to the state’s constitution.Such a law would imbue fertilized eggs with the rights of people, ban embryo selection for in vitro fertilization, and call into question treatment for ectopic pregnancies (in which an embryo implants outside the uterus and is never viable).“We are petitioning him to call a special legislative session,” said Zemmie Fleck, executive director for Georgia Right to Life. “Brian Kemp says he is pro-life, and if he is truly pro-life, then we’re saying this is your time to protect every innocent human life.”Fleck also opposes emergency contraception and some forms of birth control, said there should be no exemptions to allow abortions for rape, incest or fetal abnormalities, and that ectopic pregnancies should be “reimplanted” – though no such procedure exists, according to the American College of Obstetricians and Gynecologists.Whether Georgia Right to Life will endorse prosecuting women, Fleck said, is something the group is now actively considering.“The fact someone is intentionally taking a life is a huge consideration, because we have laws in Georgia that pertain to someone who murders someone,” said Fleck. “But again [we] do not have a strict position statement.”However, anti-abortion campaigners’ strategy in Georgia is just one of many to emerge in the days leading up to and following Roe’s reversal.Former vice-president Mike Pence called for a national abortion ban. The anti-abortion group National Right to Life (NRL) issued model legislation to ban abortion except to save a woman’s life. It also suggested states ban “giving instructions over the telephone, internet or any other medium of communication regarding self-administered abortion”, a suggestion with enormous free speech implications.Anti-abortion leaders in several states called for constitutional amendments to clarify there is no right to abortion, such as in Alaska and Kentucky. West Virginia pioneered this path before the fall of Roe, and Kansas voters are already scheduled to cast ballots on a similar measure on 2 August.Meanwhile, the largest US anti-abortion online media site, Live Action, has been furiously fundraising to “cut through the lies about what the ending of Roe really means for children, women, and families”. One email argued treatment for ectopic pregnancy and miscarriage will remain legal, although reproductive rights advocates said access to such procedures is will probably diminish when obstetricians and gynecologists fear prosecution.Addia Wuchner, executive director of Kentucky Right to Life, argued assertions that anti-abortion activists want to ban some forms of contraception, in vitro fertilization and “monitor ovulation” were not true.“These are the great lies of an industry – I know they want to be called a healthcare service – that has made great profits off the back of women,” Wuchner said about abortion providers, such as obstetricians and gynecologists.Similarly, Wuchner said concerns about the right to contraception and same-sex marriage being overturned in the courts are “blown out of proportion”. Kentucky right to life is neither working to ensure access to birth control, nor to “make it illegal”, she said.When the supreme court overturned Roe v Wade, conservative supreme court justice Clarence Thomas explicitly stated the court should “reconsider” cases that established same-sex marriage, same-sex intimacy and the right to contraception. Thomas’s opinion, advocates fear, was an invitation for such rights to be challenged.Debates about how to enforce abortion bans have also emerged. Some progressive prosecutors have made national headlines for refusing to enforce abortion bans. However, conservative local prosecutors have also vowed to vigorously investigate alleged abortion ban violations, such as Benton county, Arkansas, prosecuting attorney Nathan Smith.“We’ll approach it like any other potential crime,” said Smith, who sent a letter to a local Planned Parenthood affiliate assuring them he would seek criminal charges. “If somebody reports an initial violation of the statute, law enforcement will investigate it, and we’ll proceed on a case by case basis like anything else”.In the chaos that has followed the Dobbs decision, the long-term direction of the movement is difficult to predict, Ziegler said, though one aim remains – a total ban on abortion.“Ultimately, the end goal is the same for everybody,” Ziegler said.TopicsUS supreme courtAbortionWomenLaw (US)US politicsfeaturesReuse this content More

  • in

    Americans lose faith in the US supreme court: Politics Weekly America – podcast

    More ways to listen

    Apple Podcasts

    Google Podcasts

    Spotify

    RSS Feed

    Download

    The US supreme court has struck down the constitutional right to an abortion, one of several landmark decisions that will affect the lives of millions of Americans for decades to come.
    Jonathan Freedland and Jill Filipovic discuss whether it’s still possible for a deeply divided court of nine judges, a group that now has a 6-3 conservative majority, to keep the promise to the American people of ‘equal protection’, and what happens if it can’t

    How to listen to podcasts: everything you need to know

    Archive: CNN, CBS, C-Span Listen to Tuesday’s episode of Today in Focus, with Jessica Glenza Send your questions and feedback to podcasts@theguardian.com Help support the Guardian by going to theguardian.com/supportpodcasts More