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    If Roe Is Struck Down, Where Does the Anti-Abortion Movement Go Next?

    The Supreme Court draft opinion signals a new era for the 50-year effort to end the constitutional right to abortion. Next goals include a national ban and, in some cases, classifying abortion as homicide.For nearly half a century, the anti-abortion movement has propelled itself toward a goal that at times seemed impossible, even to true believers: overturning Roe v. Wade.That single-minded mission meant coming to Washington every January for the March for Life to mark Roe’s anniversary. It required electing anti-abortion lawmakers and keeping the pressure on to pass state restrictions. It involved funding anti-abortion lobbying groups, praying and protesting outside clinics, and opening facilities to persuade women to keep their pregnancies. Then this week, the leaked draft of the Supreme Court opinion that would overturn the constitutional right to abortion revealed that anti-abortion activists’ dream of a post-Roe America appeared poised to come to pass.The court’s opinion is not final, but the draft immediately shifted the horizon by raising a new question: If Roe is struck down, where does the anti-abortion movement go next?Many leaders are redoubling state efforts, where they’ve already had success, with an eye toward more restrictive measures. Several prominent groups now say they would support a national abortion ban after as many as 15 weeks or as few as six, all lower than Roe’s standard of around 23 or 24. A vocal faction is talking about “abortion abolition,” proposing legislation to outlaw abortion after conception, with few if any exceptions in cases of rape or incest.The sprawling anti-abortion grass-roots campaign is rapidly approaching an entirely new era, one in which abortion would no longer be a nationally protected right to overcome, but a decision to be legislated by individual states. For many activists, overturning Roe would mark what they see as not the end, but a new beginning to limit abortion access even further. It also would present a test, as those who have long backed incremental change could clash with those who increasingly push to end legal abortion altogether.This week, many anti-abortion leaders were wary of celebrating before the court’s final ruling, expected this summer. They remembered Planned Parenthood v. Casey in 1992, when they hoped the court would overturn Roe and it ultimately did not. But they said they have been preparing for this moment and its possibilities for decades.“If a dog catches a car, it doesn’t know what to do,” said Carol Tobias, president of the National Right to Life Committee. “We do.”The Susan B. Anthony List, an anti-abortion political group, is planning a strategy involving state legislatures where it sees room to advance their cause or protect it. The National Right to Life is trying to support its affiliates in every state as it looks to lobby lawmakers. Both groups have been hoping to build support in Congress for a national abortion ban, even if it could take years, just as it did to gain momentum to undo Roe. Many Republicans have repeatedly tried to enact a ban at about 20 weeks, without success. Next week Democrats in the Senate are bringing a bill to codify abortion rights to a vote, but it is all but certain to be blocked by Republicans.Abortion rights advocates are using the moment to re-energize their own supporters, organize protests and mobilize for midterm elections in November. Planned Parenthood Action Fund, NARAL Pro-Choice America and Emily’s List announced Monday, hours before the leaked draft appeared, that they would spend a collective $150 million on the midterm election cycle. Other groups are planning a nationwide “day of action” May 14, with marches in cities including New York, Washington, Chicago and Los Angeles.The reality of the leaked draft shocked casual supporters of abortion rights who weren’t paying particularly close attention to the issue, or who had grown numb after decades of warnings about the end of Roe.An abortion opponent at the March for Life in Washington. Many leaders are doubling down on state fights, with an eye toward pushing for more restrictive measures in other parts of the country.Kenny Holston for The New York Times“People just couldn’t fathom losing a constitutional right that has been enshrined for nearly half a century,” said Kristin Ford, vice president of communications and research for NARAL Pro-Choice America. “To see it in such stark terms has really galvanized people.”Across the anti-abortion spectrum, everything is on the table, from instituting bans when fetal cardiac activity is detected, to pressing their case in Democratic strongholds. Some activists are prioritizing limiting medication abortion, which accounts for more than half of all abortions.From Opinion: A Challenge to Roe v. WadeCommentary by Times Opinion writers and columnists on the Supreme Court’s upcoming decision in Dobbs v. Jackson Women’s Health Organization. Alison Block: Offering compassionate care is a core aspect of reproductive health. It might mean overcoming one’s own hesitation to provide procedures like second-trimester abortions. Patrick T. Brown: If Roe is overturned, those who worked toward that outcome will rightly celebrate. But a broader pro-family agenda should be their next goal. Jamelle Bouie: The leak proves that the Supreme Court is a political body, where horse-trading and influence campaigns are as much a part of the process as legal reasoning.Bret Stephens: Roe v. Wade was an ill-judged decision when it was handed down. But overturning it would do more to replicate its damage than to reverse it.Jay Kaspian Kang: There is no clear path toward a legislative solution to protect abortion rights. That’s precisely why people need to take to the streets.This week in Georgia, former Senator David Perdue, who is challenging Gov. Brian Kemp in the Republican primary for governor, called for a special session to “eliminate all of abortion” in the state, which already has an abortion ban at about six weeks on the books that would likely take effect if Roe is overturned.While many fighting for restrictions believe abortion to be murder, only a small fringe openly call for punishing a woman for procuring one.Lawmakers in Louisiana, however, advanced a bill on Wednesday that would classify abortion as homicide and make it possible for prosecutors to bring criminal cases against women who end a pregnancy.“If the fetus is a person, then we should protect them with the same homicide laws that protect born persons,” said Bradley Pierce, who helped draft the Louisiana legislation and leads the Foundation to Abolish Abortion. “That’s what equal protection means.”A more prominent anti-abortion group, Louisiana Right to Life, however, opposes the bill for going too far.For the more mainstream campaigners, a post-Roe landscape would mean the anti-abortion fight will become even broader, clearing the path to expand further into state politics. “It will be different work,” said Mallory Carroll, spokeswoman for the Susan B. Anthony List. If Roe is overturned, anti-abortion activists will be free to pass legislation without having to work around Roe’s limits. “Instead of just fighting for the right to pass pro-life laws, we will actually be able to pass and protect pro-life laws,” she said.On Monday, before the leak, a coalition led by Students for Life Action told Republican members of Congress in a letter that abortion restrictions even at 12 weeks of pregnancy were not sufficient but that what ultimately mattered was “whether the infant is a human being.”After the leaked draft of the Supreme Court opinion, activists on both sides of the abortion debate gathered in front of a federal courthouse in Indianapolis. Jamie Kelter Davis for The New York TimesUltimately, abortion opponents’ biggest goal extends beyond legislation. It is an effort to change broader American culture and get more people to see a fetus as a human person with an inherent right to life. Many activists talk about making abortion not merely illegal but “unthinkable.”Public opinion polls show that a majority of Americans say abortion should be legal in at least some cases. But anti-abortion activists say they see plenty of room for persuasion in the details. Polling also suggests most Americans are open to some restrictions. Thirty-four percent of Americans say abortion should be legal at 14 weeks of pregnancy — roughly the end of the first trimester — compared with 27 percent who say it should be illegal, according to a survey released Friday by the Pew Research Center. Another 22 percent say “it depends.”“We are prepared to not only create a legal landscape to protect life at the federal and state levels, but also to support a culture of life,” said Kristen Waggoner, general counsel for the Alliance Defending Freedom, which supports Mississippi’s ban at 15 weeks that led to the Supreme Court case that could overturn Roe.Advocates on the left see the leaked draft laying out a playbook for a sweeping attempt to roll back other established rights. “There are some folks on the right saying they’re just turning back to the states, when in fact it’s very clear their agenda is much broader than that,” Ms. Ford of NARAL said. “It’s not just about abortion.”The State of Roe v. WadeCard 1 of 4What is Roe v. Wade? More

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    Republicans Recast Abortion Stance, Wary of Voter Backlash

    While Democrats decry a draft opinion that would eliminate the constitutional right to an abortion, Republicans who worked decades for this moment have been largely silent.WASHINGTON — Republicans have spent decades attacking the landmark Supreme Court decision that legalized abortion nationwide, but with the toppling of Roe v. Wade seemingly imminent, their leaders in Congress and around the country have grown suddenly quiet on the issue, part of a bid to avoid a backlash against their party ahead of the midterm elections.In the days after the leak of a draft Supreme Court opinion that would overturn the 50-year-old precedent, Republicans in Congress have notably refrained from taking a victory lap for having helped to install the conservative majority that has paved the way for such an outcome.Even as some of their counterparts at the state level race forward with far-reaching abortion bans that could even affect some methods of contraception, Republicans appear determined to recast their position on the issue as one of moderation and avert the gaze of voters away from their anti-abortion-rights agenda.“You need — it seems to me, excuse the lecture — to concentrate on what the news is today,” Senator Mitch McConnell of Kentucky, the Republican leader, said on Tuesday. “Not a leaked draft but the fact that the draft was leaked.”The Republicans’ caution reflects the potential for the eventual ruling to change the midterm political landscape. Their leaders and candidates have built a campaign to reclaim control of the House and Senate around inflation, economic uncertainty, crime, border control and American doubts that President Biden, who is deeply unpopular, can right the ship.Now the prospect of eliminating abortion rights has added a tectonic change to American life into the mix, threatening to upend that focus.Democrats have signaled that they plan to use the coming decision as a rallying cry for voters to reject Republicans, portraying its implications as vast and unacceptable.“This is an issue that is defining for this country today, and if the American people don’t stand up for equality for every American at this moment in time, we will be undermining a right to privacy in more than this context,” said Senator Kirsten Gillibrand, Democrat of New York. She raised the specter of a conservative Supreme Court going after gay marriage, consensual same-sex relations and even contraception if the decision stands.Republicans, by contrast, believe their candidates’ job right now is to remain focused on the economy and not allow any other issue — particularly one that could alienate suburban independent voters whose backing they need to win congressional majorities — to distract them.The overturning of Roe v. Wade, the landmark 1973 Supreme Court decision codifying abortion rights, would be a tectonic change to the American landscape.Leigh Vogel for The New York Times“Big picture, tell me what the 30-year fixed mortgage rate will be and if anything has improved with gas and groceries, and I’ll tell you the results,” said Corry Bliss, a veteran strategist who advises Republican candidates. “That is what the midterms are going to be about — period, end of discussion.”From Opinion: A Challenge to Roe v. WadeCommentary by Times Opinion writers and columnists on the Supreme Court’s upcoming decision in Dobbs v. Jackson Women’s Health Organization. Alison Block: Offering compassionate care is a core aspect of reproductive health. It might mean overcoming one’s own hesitation to provide procedures ike second-trimester abortions. Jamelle Bouie: The leak proves that the Supreme Court is a political body, where horse-trading and influence campaigns are as much a part of the process as legal reasoning.Emily Bazelon: By suggesting in the draft that the progress women have made is a reason to throw out Roe, Justice Samuel Alito has turned feminism against itself.Bret Stephens: Roe v. Wade was an ill-judged decision when it was handed down. But overturning it would do more to replicate its damage than to reverse it.Sway: In the latest episode of her podcast, Kara Swisher talks to an abortion rights advocate about the draft opinion and the future of abortion rights in America.Republicans are talking about abortion, just not openly. A document circulated by the National Republican Senatorial Committee and obtained by Axios urged candidates to be low-key about the issue, with a post-Roe America looming as early as next month.“Abortion should be avoided as much as possible,” the document advised candidates to say. “States should have the flexibility to implement reasonable restrictions.”Republicans do not want to throw doctors and women in jail, the document continued. They certainly do not want to take away contraception. And if any party is being extreme, it instructed Republicans to argue, it is the Democrats, who will not accept even modest restrictions on abortion that most Americans support.The approach is calculated to exploit the fact that Democrats, outraged about the ruling yet powerless to do anything about it, are planning a symbolic vote that puts their party on the record opposing almost any abortion limits. On Wednesday, Senate Democrats will try — and likely fail — to take up legislation that would not only codify the right to an abortion, but also nullify restrictions that have passed muster with the courts.“The Democrats are going to make this easy for us,” said Mallory Carroll, vice president of communications at Susan B. Anthony List, which works to elect officials who oppose abortion rights. She called the Democrats’ Women’s Health Protection Act “far outside the American mainstream.”And “mainstream” is how the Republican campaign arms want their candidates to present themselves — as soft-spoken, compassionate, “consensus builders,” as the talking points put it.“I am pro-life, but this isn’t about political labels,” the documents suggest Republican candidates say. “I believe all Americans want us to welcome every child into the world with open arms. But if you disagree with me, my door’s always open.”Governors like Brian Kemp of Georgia and Ron DeSantis of Florida have said relatively little on the issue since the draft opinion came out.Even former President Donald J. Trump, who campaigned in 2016 on appointing Supreme Court justices who would overturn Roe, has refrained from gloating.“Nobody knows exactly what it represents,” he told Politico, calling the leak of the opinion “a terrible thing for the court and for the country.“We’ll talk about it after we find out what the definitive version is,” he said.Even former President Donald J. Trump, who campaigned in 2016 on appointing Supreme Court justices who would overturn Roe, has refrained from gloating.Terry Ratzlaff for The New York TimesIt is still possible that the court will not go as far as the draft. Chief Justice John Roberts confirmed that the leak was authentic but cautioned that the decision was not final.Still, the problem for Republican leaders in Washington who want to downplay the implications of the potential ruling is the very clear message coming from their party’s state legislators about the severe restrictions many would enact if there were no longer a right to an abortion in the Constitution.On Wednesday, lawmakers in Louisiana pushed forward legislation that would do precisely what the Washington talking points deny: grant constitutional rights to “all unborn children from the moment of fertilization,” and classify abortion as homicide. Such a law could, in fact, put women and doctors in prison and ban certain types of contraception, such as IUDs or morning-after pills, that block implantation of a fertilized egg.Understand the State of Roe v. WadeCard 1 of 4What is Roe v. Wade? More

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    Texas attorney general says state bar suing him over bid to overturn 2020 election – as it happened

    US politics liveUS politicsTexas attorney general says state bar suing him over bid to overturn 2020 election – as it happened
    Full story: Ken Paxton says state bar plans to sue him over election lies
    No-exception abortion laws gain traction across US
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     Updated 1h agoGloria OladipoFri 6 May 2022 16.22 EDTFirst published on Fri 6 May 2022 09.06 EDT Show key events onlyLive feedShow key events onlyFrom More

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    How overturning Roe v Wade could supercharge the 2022 midterm campaigns

    How overturning Roe v Wade could supercharge the 2022 midterm campaignsSwing state Democrats are calling for a defense of abortion rights and Republicans doubling down on ending them As the US waits to see whether the supreme court will follow through on its provisional decision to end the federal right to abortion, Democrats and Republicans are already preparing for how a reversal of Roe v Wade would affect the 2022 midterm elections.Republicans have been heavily favored to retake control of the House and probably the Senate as well, but the court’s forthcoming final opinion in the crucial Mississippi case now before it, Dobbs v Jackson Women’s Health Organization, could alter those predictions.Since the court’s draft opinion leaked on Monday night, vulnerable Democrats have made a point to portray themselves as champions of abortion rights.“My opponent says that overturning Roe v Wade and ending protections for a woman’s right to choose is a ‘historic victory’,” Catherine Cortez Masto, a Democratic senator who is up for re-election in the swing state of Nevada, said on Tuesday. “I trust women and their doctors to make the healthcare decisions that are best for them – not politicians.”My opponent says that overturning Roe v. Wade and ending protections for a woman’s right to choose is a “historic victory.”I trust women and their doctors to make the health care decisions that are best for them — not politicians. https://t.co/4SxpKdKEBC— Catherine Cortez Masto (@CortezMasto) May 3, 2022
    Speaking to reporters on a Thursday press call, Jaime Harrison, chair of the Democratic National Committee, argued that abortion rights will become a critical issue in the November midterms if the 1973 landmark decision in the Roe case is overturned.“The Republican attacks on abortion access, their attacks on birth control and women’s healthcare – these things have dramatically escalated the stakes of the 2022 election,” Harrison said. “In November, we must elect Democrats who will serve as the last lines of defense against the GOP’s assault on our established and fundamental freedoms.”But Republicans have insisted that issues such as record-high inflation and Joe Biden’s handling of the US-Mexican border will weigh far more heavily on voters’ minds in November.“Could be wrong, but I’d predict that all those issues that have 60% of Americans [feeling] we are on the wrong track (high inflation, rising crime, the border, etc.) will play a bigger role in the elections [than] a Supreme Court decision on Roe,” Republican strategist Doug Heye said on Twitter.Rather than celebrating the news of Roe’s likely demise, Republican leaders have mostly tried to focus on the leak itself, saying it represents a break in court decorum and blaming the incident on Democrats. (It is not known who leaked the draft opinion.)Asked about the court’s provisional decision on Tuesday, the Senate minority leader, Mitch McConnell, told reporters: “You need, it seems to me, a lecture to concentrate on what the news is today. Not a leaked draft, but the fact that the draft was leaked.”Even the de facto leader of the Republican party, Donald Trump, has been hesitant to address the content of the court’s decision. The normally verbose former president has not yet released a statement about the draft opinion, although he has commented on the leak when asked by reporters.“Nobody knows what exactly it represents, if that’s going to be it,” Trump told Politico on Wednesday. “I think the one thing that really is so horrible is the leaking … for the court and for the country.”Trump’s reluctance to address the draft opinion is even more notable considering his three supreme court nominees – Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – all initially voted to overturn Roe, according to the leaked provisional opinion published on Monday night.US supreme court justices on abortion – what they’ve said and how they’ve votedRead moreThe former president also promised during his 2016 campaign to select supreme court nominees who would help reverse the landmark 1973 case.Now Republicans stand on the precipice of achieving their decades-long goal, and many of them seem hesitant to declare victory. However, some Republican primary candidates are using the draft opinion to draw a contrast between themselves and their opponents.David Perdue, the Trump-endorsed gubernatorial candidate in Georgia, condemned Governor Brian Kemp’s “bureaucratic response” to the news of Roe’s likely reversal.I’m calling on Brian Kemp to join me in calling for an immediate special session of the legislature to ban abortion in Georgia after Roe v. Wade is overturned. You are either going to fight for the sanctity of life or you’re not. (2/2)— David Perdue (@DavidPerdueGA) May 5, 2022
    “I’m calling on Brian Kemp to join me in calling for an immediate special session of the legislature to ban abortion in Georgia after Roe v Wade is overturned,” Perdue said on Thursday. “You are either going to fight for the sanctity of life or you’re not.”Perdue and Kemp will face off in the Georgia gubernatorial primary later this month, providing an early test of how Republican voters feel about the looming end of Roe. But other Americans’ thoughts about the matter will not be fully known until November.Meanwhile, new metal barriers went up in front of the marble steps and columns of the majestic supreme court building in Washington DC, close to the US Capitol, this week, a stark symbol of the sudden politicization of the court that has always preferred to keep itself above the partisan fray.This came after fierce protests erupted there within minutes of the leak on Monday, with police separating protesters in rival camps the following day.Tears and tension as protesters swarm outside US supreme courtRead moreNow law enforcement officials in many places across the US are braced for potential civil unrest and women’s rights groups are planning massive protests in several cities for next weekend to demand the protection of the right to choose in reproductive healthcare.TopicsRoe v WadeAbortionUS politicsUS midterm elections 2022RepublicansDemocratsnewsReuse this content More

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    Women know how choice and freedom feel – and we will never give that up | V

    Women know how choice and freedom feel – and we will never give that upV (formerly Eve Ensler)The supreme court draft ruling on abortion shows how desperate some are to control our bodies. But we are never going back To All Those Who Dare Rob Us of Our Bodily Choice, I ask you:What is it about our bodies that makes you so afraid, so insecure, so cruel and punishing?Is it their singular autonomy or mere existence?Is it their capacity for immense and unending pleasure – orgasms that can multiply orgasms inside orgasms? Is it our skin? Is it our desire?Is it our openness that rattles you and reminds you of where you are closed?Is it the pure strength of our bodies that allows us to bleed and birth and bend and carry and continue on in spite of all the ways you have reduced us and objectified us, humiliated us and disrespected us and tried to shape us into baby-making machines? Our strength that is inherent and doesn’t need to prove itself or show off or rely on weapons or violence to control and terrorise? Doesn’t need to abolish laws, or lie to become supreme court judges or president or rig the decks when they get there.Do you know this power? Can you imagine it? A power that comes from respecting life, caring for others before oneself, holding communities together?Do you think we are naive enough to believe that you are motivated by your care for life when you have shown so little respect for it and us? Instead you spend your days unravelling and resisting all that makes life possible for those mothers and people with babies you claim to protect – fighting against free universal healthcare, parental paid leave and child allowance. Where’s your outrage that the US has the highest maternal mortality rates in the developed world?Do you think we have forgotten that some of those (Brett Kavanaugh and Clarence Thomas) who are making the most crucial decisions about millions of our bodies and the one (Donald Trump) who chose three of the people on the court currently making these decisions, are men who have been accused of violating other women’s bodies, harassing women’s bodies, humiliating and proudly bragging about grabbing the genitals of women’s bodies?What is it about our bodies that make you think you have the right to invade them, determine them, control and legislate them, violate and force them to do anything against their will?Perhaps you mistake our generosity for weakness, our patience for passivity, our vulnerability for fragility.This might be why you are unable to see that there is no chance in hell that we are ever going back. This is not a law yet and we will never accept this ruling.Perhaps because you have never known what it is like to have your body controlled by the vindictive anonymous state, to be raped and forced to keep your baby, to be so desperate that you destroy your uterus with a hanger or bleed to death in a back alley, you do not understand that once you have tasted the sweetness of freedom, of choice, once you have come to know your body as your own, once you have freed yourself and felt the expanse of your body, the aliveness in every pore that rises from autonomy, there is no way you will ever give that up. Ever.And because you do not know this, you do not know how dangerous we are, how organised we are, how willing we are to go any lengths to preserve our freedom.It’s been 50 years. We have summoned our due. We actually have bank accounts now. We have credit cards and we can buy a house. We can serve on juries. We hold offices and are lawyers. We write for newspapers and we run them. We host TV shows and direct movies. We run hospitals and universities and non-profits and write plays about vaginas and books about fascists and fascism. We can’t be tossed aside.This is our world now. And these are our bodies. We know what you are up to – this is just the beginning of your diabolical plan to rob us of contraception and marriage equality and civil rights and on and on. This is all part of your desperation to prevent the future that is on the verge of being born – a future where we know our past and begin to reckon with it, a future where we teach critical race theory and the truth about white supremacy and sexism and transphobia.A future where we care for our Earth and devote our lives to protecting air and water and forests and animals and all living things, a future where people have autonomy over their bodies and wombs and gender and marry who they want to, and don’t get married if they don’t want to, and have babies if they want to, and don’t have babies if they don’t want to. Despite all your lies, strategies and devious ways you are simply never going to stop us.You have unleashed our fury, our solidarity, our unity.We know that our future and everything we have fought for is at stake. I am willing to lay my body down for this freedom, for every freedom and I know there are multitudes who will do the same.
    V (formerly Eve Ensler) is a playwright and activist and the founder of V-Day, a global movement to end violence against women and girls
    Do you have an opinion on the issues raised in this article? If you would like to submit a letter of up to 300 words to be considered for publication, email it to us at guardian.letters@theguardian.comTopicsRoe v WadeOpinionWomenAbortionUS politicsUS supreme courtLaw (US)commentReuse this content More

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    Ending Roe v Wade could badly backfire on Republicans during elections this year | Lloyd Green

    Ending Roe v Wade could badly backfire on Republicans during elections this yearLloyd GreenThe Democrats now have a fighting chance to maintain control of the Senate. Their odds of retaining and flipping seats have improved overnight On Monday night, Politico reported that a majority of the US supreme court is poised to overturn Roe v Wade, eviscerate a half-century of precedent, and leave the issue of abortion to the states. Five of the court’s nine justices are prepared to give the Republican base exactly what it demanded. The remaining question for the Republican party is whether answered prayers are the most dangerous.Through the Trumpian looking glass, forcing women to die from illegal abortions is ‘pro-life’ | Marina HydeRead moreIf the leaked draft of the majority opinion in Dobbs v Jackson Women’s Health Organization is close to the final cut, the court stands to energize otherwise dejected Democrats and put Republican members of Congress in Democratic-leaning states at risk. Expect the anticipated Republican House majority in the midterms to be smaller than currently projected.Indeed, the Democrats also now have a real shot to maintain their control of the Senate. Overnight, their odds of retaining seats in Arizona, Nevada, Georgia and New Hampshire, while flipping Pennsylvania and Wisconsin, improved.Beyond federal offices, fights will now be waged this fall over governorships and legislatures in Michigan and Pennsylvania, where Joe Biden narrowly won in 2020, but where the incumbent governor is a Democrat, and the legislature is in the hands of the Republican party. In a post-Dobbs world, look to the states to emerge as roiling battlegrounds.Make no mistake, the draft opinion is sweeping. “We hold that Roe and Casey must be overruled,” Justice Samuel Alito writes for himself and four of his colleagues. “It is time to heed the constitution and return the issue of abortion to the people’s elected representatives.” Along the way, the ruling also offers implicit criticism of the court’s prior decisions on personal autonomy.Prior precedents on contraception, interracial marriage, consensual sex and gay marriage are now at risk. At a February debate among Michigan’s prospective Republican candidates for attorney general, all three men, including Matthew DePerno, Donald Trump’s choice, criticized Griswold v Connecticut. In that case, the US supreme court struck down a state law that barred the sale of contraceptives to married couples.DePerno, an advocate of election conspiracy theories, framed his understanding of this this way: “The supreme court … has to decide, mark my words, that the privacy issue currently is unworkable. It’s going to be a states’ rights issue on all these things, as it should be.” DePerno is also the state Republican party’s officially preferred candidate.Elissa Slotkin, a moderate Michigan Democrat, tweeted on Monday night: “If tonight’s news is true, Michigan’s 1931 state law banning abortion would snap back into effect, making any abortion illegal in our state – even if the mom will die, or if she was raped by a family member. No exceptions.”A former member of the US intelligence community and the wife of a retired army helicopter pilot, Slotkin added: “My poor mother is turning over in her grave. The House has already voted to codify Roe – let all Senators be on record on this one in an up or down vote.”In the same neo-Confederate spirit as Michigan’s DePerno, the Indiana senator Mike Braun offered up his benighted take on interracial marriage. Braun argued that like abortion, interracial marriage should be left to the states to decide – not the federal judiciary. Said differently, he was arguing that the supreme court got it wrong in Loving v Virginia.“When you want that diversity to shine within our federal system, there are going to be rules and proceedings, they’re going to be out of sync with maybe what other states would do,” Braun announced.“It’s the beauty of the system, and that’s where the differences among points of view in our 50 states ought to express themselves.”After the ensuing uproar, Braun walked his words back. But in light of Politico’s reporting, the Democrats now have names, faces and an issue. Think ready-made campaign ad.To be sure, clearer Republican heads viewed the wholesale gutting of Roe as a threat to the Republican party’s elected officials. In the summer of 2021, they attempted to guide the court’s hand; they failed.Last July, 228 Republican members of Congress, 44 senators and 184 House members, filed an amicus brief in support of the Mississippi abortion law in question. Nowhere did the Republican submission refer to contraception, interracial marriage, or individual autonomy. Likewise, the word “privacy” only appeared as a part of a title of a footnoted law review article. Mitch McConnell, Kevin McCarthy, Marjorie Taylor Greene and Lauren Boebert couched their arguments in pastels. Words like “previability” filled the page, as did polling data.Justices Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett, however, were having none of that. For them, it is time to return to what they consider the original constitution.More than seven in 10 Americans oppose overturning Roe even as the public is split over where to draw a line. In Texas, 77% support legal abortions in case of rape and incest. Not all restrictions are the same. America’s cold civil war just got really hot.
    Lloyd Green is an attorney in New York. He was opposition research counsel to George HW Bush’s 1988 campaign and served in the Department of Justice from 1990 to 1992
    TopicsUS politicsOpinionAbortionHealthUS supreme courtLaw (US)Roe v WadecommentReuse this content More

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    There’s rage at this Roe v Wade mess – and those on the left who didn’t see it coming | Emma Brockes

    There’s rage at this Roe v Wade mess – and those on the left who didn’t see it comingEmma BrockesFrom anti-Hillary Democrats to Ruth Bader Ginsberg, who clung on at Supreme Court, unlikely targets are being identified for blame After the initial shock, the blame. On Monday, when news broke of the leaked US supreme court draft opinion overturning Roe v Wade, millions of horrified Americans sought emotional release. “I am angry,” said Elizabeth Warren, voice shaking, leading a pack of reporters straight over a flowerbed outside the supreme court. Her face ignited with rage as she reminded them that 69% of Americans are against overturning the abortion legislation. “The Republicans have been working towards this day for decades,” she said. In the background, a man shouted, “You want to dismember children in the womb!”For many of us, that man – the you-want-to-kill-babies guy – and his ilk were not the first target for righteous abuse. It’s hard, in moments of duress, to get much satisfaction from reiterating an existing and long-held revulsion, particularly when its subject is beyond reasonable reach. When considering the rightwing architects of this moment, there was no “what if” in attendance; all the what ifs belonged to the left. Political purists who in 2016 urged Democrats to avoid voting for Hillary Clinton (hi, Susan Sarandon) were the first in line, and social media echoed to the sound of, “We told you this would happen.”Biden condemns efforts of extremist ‘Maga crowd’ to overturn Roe v Wade abortion protections – as it happenedRead moreSacrificing the good in pursuit of the better and winding up with the absolute worst – a dynamic as familiar to British as to American leftwing politics – was, in this moment of horror, a more enraging consideration than flat hatred of the right. From revived outrage at the Bernie bros, it was a quick descent into rage against various champions of the left. “You know who I blame for this?” said a friend. “Ruth Bader Ginsburg.” The late supreme court justice’s vanity in hanging on to her seat, her overconfidence that Clinton would win, her refusal to listen to warnings from the Obama White House that, should the unthinkable happen and the Republicans regain the presidency, the first casualty would be Roe v Wade – her fundamental enjoyment, one assumed, of being RBG when she could have ceded her seat to an Obama appointee – twisted us up into pretzels. I love Ginsburg, so all this had about it the extra and extremely female zing of self-harm.Oh, and Clinton wasn’t off the hook either. “If she’d bothered to campaign in Michigan,” said another friend sourly, “none of this would’ve happened.” All the terrible, bad-tempered fights of that election flew back up into the air, like a water column after a bomb. The only Republican who came in for similar ire was that idiot Susan Collins, senator from Maine, a supporter of abortion rights who had nonetheless voted in line with her party to confirm both Neil Gorsuch and Brett Kavanaugh to the supreme court. Both had assured her, she said at the time, that they wouldn’t go after Roe v Wade. Shocked! Shocked, she was, this week to discover these were not men of their word.Of course, all this fury was mere displacement for the fundamental truth that rightwing forces were smarter, more organised, disciplined and talented in prosecuting a digestible narrative – “don’t kill babies” – than the fractured and dissembling left. Progressives tried to rally towards concrete solutions. There were things to be done – in the first instance, register to vote. (After less than a year of citizenship, I hadn’t. This weekend, I will). There was the call for fundraising. Celebrities started throwing around $10,000 matching donations to anyone giving to local abortion funds.And both Alexandria Ocasio-Cortez and Bernie Sanders, as well as senators Kirsten Gillibrand and Chuck Schumer, hyped the necessity of codifying Roe v Wade in Congress, a move backed by President Biden that would enshrine the right to abortion in federal law irrespective of actions taken by the supreme court. It sounds good, and has the advantage of generating political action. But it is also a long shot, a case of last-resort measures, and too little too late. Earlier this year, Democrats tried to codify Roe, and while it passed the House it failed in the Senate, overcome by a filibuster. (Then “we must end the filibuster”, tweeted Sanders. None of this can happen quickly, if at all.)The fact is that if, as Warren said, the Republicans had been planning this moment for decades, rigging composition of the supreme court with precisely this endgame in mind, there was, irrespective of the scale of public outrage, no immediate way to turn back. In this first week of shock, before anger might become effectively organised, there was only the tiny compensation of the blame spiral.
    Emma Brockes is a Guardian columnist
    TopicsRoe v WadeOpinionAbortionElizabeth WarrenUS politicsUS supreme courtLaw (US)WomencommentReuse this content More

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    Is Biden willing to go against the supreme court to save Roe v Wade? Politics Weekly America – podcast

    According to a draft majority opinion published by Politico this week, the US supreme court has voted to overturn Roe v Wade in the clearest sign yet that the constitutional right to abortion will probably be taken away from millions of Americans very soon.
    This week, Jonathan Freedland speaks to Moira Donegan about what it will take to stop the majority conservative bench, whether Democrats are willing to pull rank, and if they don’t, whether it is even accurate to call the US the land of the free

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    To enter our prize draw, Worthy Winners, nominate someone who you think deserves to win one of 10 pairs of tickets to this year’s Glastonbury festival. Entrants and nominees must be 18 and UK residents. Listen to Thursday’s episode of Today in Focus on abortion rights Sign up to First Edition for free at theguardian.com/firstedition Send your questions and feedback to podcasts@theguardian.com Help support the Guardian by going to gu.com/supportpodcasts More