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    $5 Million in Damages

    Donald Trump has been found liable for sexual abuse.Donald Trump’s legal problems are growing deeper.Yesterday, a jury found the former president liable for the sexual abuse and defamation of the magazine writer E. Jean Carroll, ordering him to pay her $5 million. The case was a civil trial, which means that Trump is not subject to prison time. But the verdict indicates that jurors believed Carroll’s claim that Trump assaulted her in a department store dressing room in the mid-1990s.Carroll also accused Trump of raping her. The jury ruled against Carroll on that count, finding insufficient evidence to support her allegation.Today’s newsletter will walk through the details of the case, the reactions to the verdict and the potential political consequences.The caseAt the heart of the lawsuit was Carroll’s account of her encounter with Trump, which she described in detail during the trial. She said that she saw him outside the Bergdorf Goodman department store in Manhattan nearly three decades ago, and that he had asked her to help find a gift for a female friend. The two bantered while walking through the store, and he asked her to try on a gray-blue bodysuit from the lingerie section. She declined and told him to put it on instead. Trump then motioned her into a dressing room, where he threw her against the wall, used his weight to pin her down and raped her, according to Carroll.The episode “left me unable to ever have a romantic life again,” Carroll said. (She was able to sue after so much time had passed under the Adult Survivors Act, a New York law that provides victims of abuse a one-time opportunity to sue the accused.)To make her case, Carroll and her lawyers relied on Trump’s history of comments denigrating women. They pointed to the “Access Hollywood” tape, released during the 2016 election, on which he had boasted that he could grab women by their genitals without their permission. “When you’re a star, they let you do it,” Trump said. He stood by those remarks during a deposition in the Carroll case.Carroll’s lawyers argued that Trump’s comments showed he was capable of the assault that she had accused him of. The jury, composed of six men and three women, concluded that the allegations of sexual abuse, but not of rape, were more likely to be true than untrue, holding Trump liable.Trump denied the accusations. He did not testify, and his lawyers called no witnesses as a defense in the trial. He previously told reporters that the allegations could not be true because Carroll was not his “type.”Trump promised to appeal the verdict. “I have absolutely no idea who this woman is,” Trump posted yesterday on Truth Social, his social media platform. “This verdict is a disgrace — a continuation of the greatest witch hunt of all time!”The reactionsTrump is set to appear live on a CNN town hall tonight, where he will take questions from voters.Many of Trump’s political rivals and opponents, including Gov. Ron DeSantis of Florida and former Gov. Nikki Haley of South Carolina, stayed quiet about the verdict. Vivek Ramaswamy, an entrepreneur and author running for president, defended Trump: “I’ll say what everyone else is privately thinking: If the defendant weren’t named Donald Trump, would there even be a lawsuit?”One 2024 candidate did criticize Trump. “The jury verdict should be treated with seriousness and is another example of the indefensible behavior of Donald Trump,” Asa Hutchinson, Arkansas’s former governor and a longtime Trump critic, said.The political impactIt is not clear how the verdict will affect Trump’s presidential campaign. His poll numbers against DeSantis, his main potential rival in the Republican primary, improved even after a Manhattan grand jury indicted Trump on 34 felony charges of falsifying business records.But Trump’s advisers are not making a similar prediction after the Carroll verdict, my colleagues Maggie Haberman and Jonathan Swan wrote.Trump is almost certain to confront more legal problems before the 2024 election. The Manhattan trial could start as soon as next January. Trump is also under investigation for his involvement in the Jan. 6, 2021, attack on the U.S. Capitol, for his efforts to overturn the 2020 election and for his handling of classified documents.More on the verdictMore than a dozen women have accused Trump of sexual misconduct, but Carroll’s is the only allegation that a jury has affirmed.Why was Trump liable for sexual abuse, not rape? New York law gave jurors three types of battery to consider.While the verdict may have been foreseeable, how Republicans will respond is less clear, David French writes in Times Opinion.The verdict is a reminder that the legal onslaught against Trump can’t be deflected with lies, Michelle Goldberg writes in Times Opinion.THE LATEST NEWSPoliticsSpeaker Kevin McCarthy, left, and Senate Minority Leader Mitch McConnell.Haiyun Jiang/The New York TimesPresident Biden and Speaker Kevin McCarthy did not reach a consensus over the debt ceiling. They agreed to meet again.Representative George Santos, the New York Republican whose finances have been under investigation, faces federal criminal charges.A recent poll showed Trump leading Biden in the 2024 race. It was an outlier, Nate Cohn writes, but its message is clear: Don’t underestimate Trump.Lawmakers in Texas are pushing voting restrictions that only apply to Harris County, a Democratic stronghold that includes Houston.Senate Democrats asked the billionaire Harlan Crow for a full accounting of his gifts to Justice Clarence Thomas.Florida officials demanded revisions to school textbooks mentioning socialism and Black Lives Matter protests.InternationalA naval guardsman killed at least three people at a synagogue during a Jewish pilgrimage in Tunisia.The Israeli army launched airstrikes on the Islamic Jihad armed group in Gaza, killing three of its leaders and 10 civilians, Palestinian officials said. Here’s a guide to the group.Imran Khan, Pakistan’s former prime minister, was arrested on corruption charges. He accuses the military of conspiring against him.HealthThe U.S. will end its Covid emergency tomorrow, winding down programs that began when the virus dominated everyday life.Women should have regular mammograms starting at age 40 rather than 50, an expert panel said.Other Big StoriesTucker Carlson, the former Fox News host, said he would start a show on Twitter. That could violate his deal with the network.New York City, where about half of middle schoolers are not proficient in reading, is changing how it teaches the subject.The Metropolitan Museum of Art will hire a team to scour its collections for looted treasures.A woman wrote a children’s book to help her sons process their father’s death. Now she is accused of killing him.OpinionsIf cities want to survive the unpredictability of our climate, they should accommodate an unpredictable ecosystem, Ben Wilson argues.A new Netflix docudrama depicts Cleopatra as culturally Black, Gwen Nally and Mary Hamil Gilbert write.Here are columns by Jamelle Bouie on mass shootings and Thomas Friedman on Vladimir Putin.MORNING READSIn Japanese, these foods are fuwa fuwa, which means “fluffy fluffy.”Esther ChoiBeyond crunchy: Cuisines around the world prize texture as much as taste.Hiatus: Some women are taking the summer off from dating apps.Metropolitan Diary: Mic drop at the opera.Health: How to spot — and remove — skin tags.Canine needs: Walking your dog with a harness is safer than leading them by the collar.Advice from Wirecutter: The best Mother’s Day gifts.Lives Lived: Grace Bumbry’s vocal range and transcendent stage presence made her a towering figure in opera and one of its first, and biggest, Black stars. She died at 86.SPORTS NEWS FROM THE ATHLETICN.B.A. playoffs: The Nuggets and Sixers earned 3-2 series leads with victories last night. Women’s soccer: It’s notable enough to be the first Native American to play in the N.W.S.L., but Madison Hammond is much more.An uncertain future: The Oakland A’s agreed to their second land deal in a month for property in Las Vegas, where the franchise plans to move.ARTS AND IDEAS Buddy Holly won Best in Show at the 147th Westminster Kennel Club Dog Show.Desiree Rios/The New York TimesBest in showBuddy Holly, a petit basset griffon Vendéen, took the top prize at the Westminster Dog Show. He’s the first of his breed — better known as P.B.G.V., because that is easier to say — to do so. (Second place went to Rummie, a Pekingese whose breeder and handler, David Fitzpatrick, has produced two previous best in show winners, including Wasabi, the 2021 champion.)“I have dreamed of this since I was 9 years old,” said Buddy Holly’s owner and trainer, Janice Hayes. She said the dog was “the epitome of a show dog; nothing bothers him.” Now he gets to relax and go back to his daily life, which involves hanging out with “his girlfriends,” Hayes said. “He never has a bad day”: The Times’s Sarah Lyall visited Striker, a Samoyed who was a crowd favorite at last year’s show.Two Times photographers went behind the scenes. Do not miss their pictures.PLAY, WATCH, EATWhat to CookAndrew Purcell for The New York TimesThe secret ingredient in this spaghetti Bolognese is Worcestershire sauce.What to Watch“Dealing With Dad” is a lighthearted movie about generational trauma and chronic depression. What to Listen toHere are six new songs you should hear.Now Time to PlayThe pangram from yesterday’s Spelling Bee was windfall. Here are today’s puzzle and the Bee Buddy, which helps you find remaining words.And here are today’s Mini Crossword, Wordle and Sudoku.Thanks for spending part of your morning with The Times. See you tomorrow. — GermanP.S. Emma Goldberg, who covers the future of work, wants to hear how readers’ jobs have changed in the past few years.Here’s today’s front page. Sign up here to get this newsletter in your inbox. Reach our team at themorning@nytimes.com. More

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    For Trump, a Verdict That’s Harder to Spin

    After an indictment in Manhattan, Donald Trump’s supporters fell in line behind him. A jury’s decision in a sexual abuse and defamation case may yet carry a political price.When Alvin L. Bragg secured the indictment of former President Donald J. Trump, it galvanized Trump supporters. Allies of his Republican rival, Gov. Ron DeSantis of Florida, mark that indictment as the moment that Mr. Trump sped away from his nearest opponent in the polls.Nobody around Mr. Trump is making a prediction publicly or privately that there will be a similar effect after a jury on Tuesday in the lawsuit brought by E. Jean Carroll found him liable for sexual abuse and defamation.The price that Mr. Trump was ordered by the jury to pay his accuser, Ms. Carroll, was $5 million, in a verdict he has promised to appeal. But whether he pays any political price at all is unclear. Mr. Trump was said to be furious about the verdict, and questioning the various decisions that were made by his team in the defense. Far from letting up on Ms. Carroll, his team plans to aggressively attack her claims and tether her to Democrats.There is no world in which the result of that civil trial was a positive development for the project he is most focused on: the presidential campaign for which he remains the Republican front-runner.Mr. Trump has a decades-long history of crude and misogynistic comments — and he has faced repeated accusations of sexual harassment and assault, so many that they most likely would have sunk any other candidate. But a majority in the Republican Party have largely dismissed the accusations against a celebrity former president as irrelevant to how they cast votes.But comments and even allegations are different from a jury verdict.The first real test of his in-person response will come on Wednesday night on a national stage in front of a live television audience — a town hall hosted by CNN in New Hampshire, in a venue filled with about 400 voters who are Republicans or Republican-leaning independents.“Americans heard with their own ears in 2016 Trump brag on tape about sexual assault and still elected him,” said David Axelrod, a former top adviser to President Barack Obama, referring to the “Access Hollywood” tape. “Will this be different, or will his supporters simply dismiss it as one more example of the politically motivated ‘deep state’ beat-down of which he claims to be the victim?”A handful of allies of Mr. DeSantis, Mr. Trump’s closest rival in the Republican primary race, anticipated that this case could prove different from myriad other scandals Mr. Trump has faced.Senators John Kennedy of Louisiana and John Thune of South Dakota essentially averted their gazes when asked to comment by reporters. Among those who publicly defended him was Senator Tommy Tuberville of Alabama.Senator Tommy Tuberville of Alabama defended Mr. Trump on Tuesday after the jury’s verdict.Kenny Holston/The New York Times“It makes me want to vote for him twice,” Mr. Tuberville told The Huffington Post. “People are going to see through the lines,” he added, saying that with “a New York jury, he had no chance.”Few of Mr. Trump’s opponents were willing to condemn him either, at least so far. Only one Republican candidate, Asa Hutchinson, the former governor of Arkansas, issued a statement.“Over the course of my over 25 years of experience in the courtroom, I have seen firsthand how a cavalier and arrogant contempt for the rule of law can backfire,” the statement read. “The jury verdict should be treated with seriousness and is another example of the indefensible behavior of Donald Trump.”Former Vice President Mike Pence told NBC News that it was up to the American public to decide whether Mr. Trump is fit to be president again, but added, “I just don’t think it’s where the American people are focused.”For years, Mr. Trump’s approach to his business and his political life has been to portray himself as inevitable, to give off the impression that challengers or critics shouldn’t even bother trying to best him. He has handled the 2024 Republican primary in much the same manner, encouraged by his polling lead and Mr. DeSantis’s stumbles. Still, some of his critics and even some allies concede that the various legal challenges could risk becoming too much freight for him to carry.Mr. Trump’s advisers have recently conducted extensive polling to explore how deeply the various legal cases are resonating with primary voters, according to people briefed on the efforts.Some of Mr. Trump’s advisers were nervously anticipating the verdict before deliberations began. One was candid in private that while they were relieved Mr. Trump had been found not liable of the specific claim of rape, the rest of the jury’s verdict was “not good.”For Mr. Trump and his allies, describing him as the victim of a “deep state” plot by his government opponents and prosecutors could be much harder to accomplish in this case. A federal jury of six men and three women gave legitimacy to an accusation of sexual abuse made by Ms. Carroll, a writer who was photographed with Mr. Trump in New York yet whom he continues to maintain he does not know.One of the most damaging aspects of the trial for Mr. Trump was his videotaped deposition. People close to him acknowledge the comments were a self-inflicted wound, and are aware Democrats in particular may put them in television ads where independent and suburban voters whom Mr. Trump long ago alienated would see them.In his deposition, he burrowed into his remarks on the “Access Hollywood” tape, when asked by Ms. Carroll’s lawyer, Roberta Kaplan, if it was true as he said on that recording that stars can grab women by the genitals.“Well, if you look over the last million years, I guess that’s been largely true,” Mr. Trump said. “Not always, but largely true. Unfortunately, or fortunately.” More

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    Your Wednesday Briefing: Trump Liable for Sexual Abuse

    Also, protests in Pakistan after the arrest of Imran Khan.E. Jean Carroll, center, leaving court yesterday.Brittainy Newman for The New York TimesTrump found liable for sexual abuseA Manhattan jury found Donald Trump liable yesterday for the sexual abuse and defamation of the writer E. Jean Carroll and ordered him to pay $5 million in damages.The jury determined that Carroll had proven Trump sexually abused her, but they rejected the accusation that she had been raped. The findings were civil, not criminal, meaning Trump has not been convicted of any crime and faces no prison time. Trump said he would appeal the decision.By finding Trump liable, the jury declared that the “preponderance of the evidence” supported Carroll’s accusation that he attacked her in the dressing room of a New York department store in the mid-1990s.Carroll is one of more than a dozen women who have accused Trump of sexual misconduct over the years — allegations he has always denied — but hers is the first to be successfully tested before a jury.Trump did not attend the two-week trial. The unanimous verdicts came after three hours of jury deliberation.Context: Trump, the front-runner for the 2024 Republican presidential nomination, faces other legal cases. Here’s where they stand.Analysis: Trump had been thriving politically before the verdict and it is not clear how — or whether — the jury’s determination will affect his momentum. Criminal investigations against him have done little to hurt him with his supporters. It remains to be seen whether the verdict will be a different story.Supporters of Imran Khan clashed with police in Karachi yesterday.Shahzaib Akber/EPA, via ShutterstockProtests in Pakistan after Khan’s arrestParamilitary troops arrested Pakistan’s former prime minister, Imran Khan, yesterday in Islamabad, in connection with one of the dozens of corruption cases against him. Soon after the arrest in the capital, Khan’s supporters took to the streets in several cities, including Lahore and Karachi.His arrest represents a major escalation in a political crisis that has engulfed the country since Khan was removed from power by a no-confidence vote in April last year. Khan has accused the military and government of conspiring against him.The drama surrounding Khan seems only to have buoyed his popularity, analysts said. He has staged a comeback since being ousted, openly challenging the military, which for decades has been the invisible hand wielding power behind the government.Christina Goldbaum, our Afghanistan and Pakistan bureau chief, told us, “For many people in Pakistan, this feels like a turning point, political tensions that have been simmering for months finally boiling over.”“The protests we saw today at the army’s headquarters in Rawalpindi and the ransacking of the official residence of an army commander in Lahore — direct confrontations with the country’s powerful military by the public — were in many ways unprecedented,” she said.Details: Khan’s arrest was in connection with a case involving the transfer of land for Al-Qadir University, near Islamabad, officials said. Khan is accused of granting favors to a powerful real-estate tycoon, with the university getting land and donations in return.What’s next: Khan will be presented before a court today, officials said. Protests are expected to continue this week, raising the possibility of violent clashes between the police and Khan’s supporters.Who is Khan? A former cricket star turned prime minister.Even as China reopens, security visits spook foreign businesses.Aly Song/ReutersChina raids another firm with foreign tiesFor weeks, little was known about why Chinese authorities were raiding prominent international consulting firms.Now a reason is coming to light after raids on American firms such as the Mintz Group and Bain & Company, and most recently Capvision Partners, a consulting company with headquarters in New York and Shanghai.State media said the raids were in the name of national security and accused Western countries of stealing key intelligence as part of a “strategy of containment and suppression against China.” Beijing has also moved to limit the availability of financial data to foreign customers and expanded a counterespionage law.The big picture: The campaign has sent a chill through the business community and threatens to undercut Beijing’s attempts to persuade foreign businesses to reinvest in China at a time when the Chinese economy is still trying to recover from tough Covid restrictions.Related: LinkedIn said it would pare down its operations in China.Tit-for-tat: China expelled a Canadian diplomat from Shanghai after Canada ejected a Chinese official who was accused of gathering information on a Canadian lawmaker.THE LATEST NEWSAround the WorldA funeral in Gaza City for people killed in the airstrikes.Mohammed Salem/ReutersIsrael launched airstrikes against Islamic Jihad in Gaza, killing three of the group’s leaders and ending an uneasy weeklong cease-fire.President Recep Tayyip Erdogan of Turkey is facing what is shaping up to be the toughest elections of his career. Polls suggest a tight race this weekend, perhaps even a defeat.Wireless carriers in dozens of U.S. states are tearing out Chinese equipment as China and the U.S. jockey for tech primacy.The War in UkraineMuch of the spectacle was missing from this year’s Victory Day parade in Red Square.Pelagiya Tikhonova/Moscow News Agency, via ReutersRussia’s annual Victory Day celebrations were muted, reflecting the uneasy moment that the country faces in the war.President Vladimir Putin kept to his usual talking points during a speech, accusing Kyiv and its Western allies of “pursuing the dissolution and the destruction of our country.”William Burns, the director of the C.I.A. and a key figure in bolstering U.S. support for Ukraine, has amassed influence far beyond most previous agency leaders.Other Big StoriesDavid B. Torch for The New York TimesNorway has embraced electric vehicles. Its air is already cleaner.The detaining of protesters during the coronation of King Charles III is fueling a national debate in Britain about a new anti-protest law.A Morning ReadBudget tour groups from China are returning to Hong Kong, bringing frustration and limited economic benefit.Anthony Kwan for The New York TimesWith China’s borders opened after the lifting of pandemic restrictions, budget tour groups from the mainland have been coming back to Hong Kong in droves. Their return has revived old tensions — and a touch of snobbery — in a city starved for business.“Can we have some good quality tour groups?” a Hong Kong lawmaker asked during a recent legislative session while holding up pictures of tourists overrunning parts of the city.ARTS AND IDEASPhotograph by Esther Choi. Set design by Jocelyn CabralThe language of food textureEnglish has many words for flavor. But when it comes to words for texture, it’s far behind Chinese, which has 144, according to a 2008 report. Japanese has more than 400. For example, English basically has “crunchy” and “crispy.” While in Chinese, there’s a word for food that “offers resistance to the teeth but finally yields, cleanly, with a pleasant snappy feeling.” There’s a phrase for crisp but tender, like young bamboo shoots. For a “dry, fragile, fall-apart crispness,” like deep-fried duck skin. For brittle then soft, like pastry that dissolves at the touch.Some English speakers tend to value a narrower range of textures, too. People in the U.S. seem to mostly crave crunchy or creamy. They shun many textures beloved elsewhere, like the chewiness of tripe or the jellified tendon in pho. Even as the national texture palate slowly expands, the foods on offer may outstrip the language’s powers of description.PLAY, WATCH, EATWhat to CookDavid Malosh for The New York Times. Food Stylist: Simon Andrews.Add a buttery orange syrup to these delicate crepes to make Crêpes Suzette.What to WatchThe rom-com “Down With Love” is getting new life 20 years after it flopped at the box office.What to Read“African Studies,” a large-format photo book, captures the toll of industrialization on sub-Saharan Africa.Now Time to PlayPlay the Mini Crossword, and a clue: Catches on fire (five letters).Here are the Wordle and the Spelling Bee. You can find all our puzzles here.That’s it for today’s briefing. See you tomorrow. — Justin and AmeliaP.S. Our colleague, Corina Knoll, won a top award from the Asian American Journalists Association for her profile of an older Chinese woman who was attacked in New York City.“The Daily” is about U.S. immigration.Was this newsletter useful? Send us your feedback at briefing@nytimes.com. More

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    How to Police Gerrymanders? Some Judges Say the Courts Can’t.

    A North Carolina court, following the lead of the U.S. Supreme Court, ruled that courts don’t have the ability to determine if a political map is legal, giving legislators a free pass.WASHINGTON — Courts decide vexing legal matters and interpret opaque constitutional language all the time, from defining pornography and judging whether a search or seizure is unreasonable to determining how speedy a speedy trial must be.And then there is the issue that some judges increasingly say is beyond their abilities to adjudicate. It was on display again last week, in North Carolina.The North Carolina Supreme Court said that it could find no way to determine when even egregious gerrymanders — in this case, lopsided partisan maps of the state’s General Assembly and its 14 congressional districts — cross the line between skewed but legal and unconstitutionally rigged. In addition, the justices said, any court-ordered standard “would embroil the judiciary in every local election in every county, city and district across the state.”The effect was to give the Republican-led legislature carte blanche to draw new maps for 2024 elections that lock in G.O.P. political dominance, even though the state’s electorate is split almost evenly between the two major parties.Under its current court-ordered map, North Carolina now elects seven Democrats and seven Republicans to the U.S. House. Maps drawn by the Republican legislature could mean 10 Republicans to four Democrats, or possibly 11 to three. Without judicial review, the only remedy is to vote the dominant party out using maps drawn to keep them in power.The 5-to-2 decision, which fell along party lines in a court led by Republicans, pointedly threw out a ruling by a Democrat-led court only a few months earlier that said such lines could — and should — be drawn. In that respect, the North Carolina ruling reinforced what seems to be a hardening partisan divide between jurists who believe unfair political maps should be policed and ones who do not.The U.S. Supreme Court also split along partisan lines in 2019 when it ruled 5 to 4, after decades of dithering, that it could not devise a legal standard to regulate partisan gerrymandering, though it suggested that state courts could.It is hard to separate party allegiance from jurists’ positions, said Paul M. Smith, the senior vice president of the Campaign Legal Center, a nonpartisan advocacy group that litigates voting rights issues.“One explanation would be that the courts decide cases about elections based on who will be helped,” he said. “On some days, I’m cynical enough to believe that.” Whether that consciously figures in court decisions, though, is less easy to say, he added.Nate Persily, a Stanford Law School professor and expert on election law and democracy, said that any standard for judging partisan gerrymanders has to be above reproach.“The response is always going to be that you’re picking winners and losers,” he said. “Unless we come up with some sort of clear mathematical test, I respect the argument that judges’ political preferences might creep into the process.” Passing judgment on a legislature’s constitutional authority to set political boundaries can be a fraught exercise. In 1962, one U.S. Supreme Court justice, Charles Evans Whittaker, who had heard the historic redistricting case Baker v. Carr, suffered a nervous breakdown during the court’s deliberations and skipped the final vote.But some say that just because it is hard to create fair district lines does not mean it cannot be done.“I think that’s intellectually dishonest and intellectually lazy,” Rebecca Szetela, a political independent and a member of the Michigan Independent Citizens Redistricting Commission, said in an interview. “We had a commission made up of 13 randomly selected voters of varying educational backgrounds, and somehow we were able to come up with fair standards.”The Michigan commissioners drew their first set of maps after the 2020 election, following orders not to give any party a “disproportionate advantage.” They relied on several statistical metrics to meet that standard. But overall, they decided that an acceptable range for the statewide ratio of votes to seats won would fall within five percentage points of their calculation of the state’s political preferences: 52 percent Democratic, 48 percent Republican.In practice, Ms Szetela said, the maps hewed closely to the calculated partisan divide. Still, some experts say that it is impossible to construct a standard that will be reliably fair. Daniel H. Lowenstein, an election-law expert at UCLA School of Law, said that would-be regulators of partisan gerrymanders by and large know little of how politics really works. He said that he picked up such an education during the 1970s while working in the California Secretary of State office, and later while running the state’s Fair Political Practices Commission.“There’s nothing in the Constitution that says elections have to be fair,” he said, “and that’s a good thing, because different people all have different concepts of what it means to be fair.”Peter H. Schuck, professor emeritus of law at Yale wrote a detailed analysis on the topic, “The Thickest Thicket,” in 1987. “I just don’t see any objective criteria that would be authoritative in assessing whether a gerrymander ought to be upheld or not,” he said. A few other state courts have set standards for partisan gerrymandering and applied them. Pennsylvania was the first state to strike down partisan gerrymanders in 2018, and the Alaska Supreme Court upheld a lower-court decision last month stating that gerrymandered State Senate seats violated the State Constitution’s equal protection clause.Many voting rights advocates say the same computer-driven advances that enable today’s extreme gerrymanders also make it possible to easily spot them.In particular, software programs can now generate thousands and even millions of maps of hypothetical political districts, each with small variations in their borders. Using statistical measures, those maps can be compared to a map being contested to gauge their partisan slant.In actual court cases, the technique has shown that some gerrymandered maps produce more lopsided partisan outcomes than 99 percent and more of the hypothetical ones.Measures of partisanship have improved, as social scientists employed data analytics to tease out the partisan impact of map changes. One yardstick, called the efficiency gap, gauges how much the votes of one party are wasted when its voters are disproportionately packed into one district or carved up among several. Another, partisan bias, measures the effectiveness of a gerrymandered map by calculating how many seats the same map would give each party in a hypothetical election where voters were split 50-50. There are many others, and each has its shortcomings. For example, voters sort themselves geographically, with a lopsided share of Democrats packed in cities and Republicans in rural areas, for reasons that have nothing to do with partisan skulduggery. And some metrics are useful only in particular situations, such as in states where party support is closely divided.In a 2017 hearing in a Wisconsin partisan gerrymander case, Chief Justice John G. Roberts Jr. called such metrics “sociological gobbledygook.” But if so, much of American jurisprudence carries the same label, said Nicholas Stephanopoulos, a Harvard University law professor who has been a leading advocate of standards to judge partisan gerrymanders.“In any voting rights case, people have to calculate racial polarization, which is a far more complex calculation than the efficiency gap,” he said. “You have to calculate the compactness of districts. You have to estimate voting patterns for minority voters and white voters.”“Tests involving some matter of degree are just ubiquitous in constitutional law,” he added, and nothing makes a partisan gerrymander case any different.Mr. Stephanopoulos and others also say that drawing a line between permissible and illegal political maps is not all that difficult. Courts make similar judgments in lawsuits claiming racial bias in redistricting, he noted. After the one-person, one-vote ruling in 1964, judges quickly set a limit — 10 percent — on how much political districts could deviate from the new requirement to have substantially equal populations.Some gerrymandering yardsticks have already been suggested. For example, a political map might be assumed constitutional unless measures of partisanship uniformly argued against it. At that point, the body that drew the map would have to demonstrate another compelling reason for the way boundaries were drawn.Critics like Professor Lowenstein argue that any dividing line between unfair and fair maps will have an unwanted consequence: Every subsequent map may be drawn to extract as much partisan gain as possible, yet fall just short of the legal standard for rejection.“The ultimate question,” Professor Schuck said, “is how crude a fit should a court be willing to accept?”Then again, he pointed out, the U.S. Supreme Court and the North Carolina Supreme Court have answered that question: Future political maps, they have ruled, can be as crude as their makers want them to be.“Declining to apply a rule is still going to validate or invalidate what politicians have done,” he said. “There’s no total innocence, no virginity, as it were.” More

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    Release of Justice Stevens’s Private Papers Opens Window Into Supreme Court

    Justice John Paul Stevens’s files on thousands of cases, including landmark decisions on abortion and the 2000 election, have been made public, opening a window on the Supreme Court.WASHINGTON — In June 1992, less than two weeks before the Supreme Court reaffirmed the constitutional right to abortion established in Roe v. Wade, Justice Anthony M. Kennedy sent a colleague some “late-night musings.”“Roe was, at the least, a very close case,” Justice Kennedy wrote in the three-page memorandum, which included reflections on the power of precedent, the court’s legitimacy and the best way to address a cutting dissent.The document is part of an enormous trove of the private papers of Justice John Paul Stevens released on Tuesday by the Library of Congress. They provide a panoramic inside look at the justices at work on thousands of cases, including Bush v. Gore and the 1992 abortion case, Planned Parenthood v. Casey.The papers are studded with candid and occasionally caustic remarks, sometimes echoing current concerns about the court’s power and authority.In the Casey decision, Justice Kennedy joined a controlling opinion with Justices Sandra Day O’Connor and David H. Souter that saved the core of the constitutional right to abortion established in Roe in 1973.In June, the current Supreme Court overturned Roe and Casey after considering questions about precedent and the court’s legitimacy, coming to the opposite conclusion from Justice Kennedy.There are other echoes of recent events in the papers of Justice Stevens, who served on the court for 35 years, retired in 2010 and died in 2019, at 99.There was, for instance, an apparent leak, one that prompted Chief Justice William H. Rehnquist to write a stern note to all of the law clerks on June 10, 1992. The current issue of Newsweek, the chief justice wrote, “contains a purported account of what is happening inside the court in the case of Planned Parenthood v. Casey.”The article, attributing its information to “sources” and “clerks,” said that “at least three of the nine justices are planning to draft opinions in Casey” and predicted, correctly, that the decision would be released on June 29.Chief Justice Rehnquist admonished the clerks to follow a rule in the court’s code of conduct, which said, “There should be as little communication as possible between the clerk and representatives of the press.” He added, underlining the last three words: “In the case of any matter pending before the court, the least possible communication is none at all.”Researchers will be studying the Stevens papers for decades, and only small glimpses were possible in a day’s scrutiny of a selection of them. But those glimpses made clear that the current turmoil at the court has historical analogues.In 2000, for instance, when the court handed the presidency to George W. Bush in Bush v. Gore by a 5-to-4 vote, members of the majority wrote scathing private memos protesting what they called unduly harsh language in the dissents.Justice Stevens’s dissent ended this way: “Although we may never know with complete certainty the identity of the winner of this year’s presidential election, the identity of the loser is perfectly clear. It is the nation’s confidence in the judge as an impartial guardian of the rule of law.”In a memo to his colleagues on Dec. 12, 2000, the day the decision was issued, Justice Kennedy, who had voted with the majority, appeared wounded.“The tone of the dissents is disturbing both on an institutional and personal level,” he wrote. “I have agonized over this and made my best judgment.”He added, “The dissents, permit me to say, in effect try to coerce the majority by trashing the court themselves, thereby making their dire, and I think unjustified, predictions a self-fulfilling prophecy.”Justice Antonin Scalia, who had also voted with the majority, said he was “the last person to complain that dissents should not be thorough and hard hitting.”But he said he could not “help but observe that those of my colleagues who were protesting so vigorously that the court’s judgment today will do irreparable harm have spared no pains — in a veritable blizzard of separate dissents — to assist that result.”At an earlier stage of the case, Justice Stephen G. Breyer, who dissented in Bush v. Gore, urged his colleagues to stay away from the dispute, recalling the role that Supreme Court justices had played on a commission created to resolve the contested presidential election of 1876.“Rather than the court lending the process legitimacy, the process damaged the legitimacy of the court,” Justice Breyer wrote. “I doubt very much that our intervention would assure anyone that the process had worked more fairly. Rather, I fear that history could repeat itself, were we to intervene now.”In statements after the Supreme Court’s recent abortion decision, Dobbs v. Jackson Women’s Health Organization, Justice Samuel A. Alito Jr. has said that attacks on the court’s legitimacy, as opposed to its reasoning, should be out of bounds.In the 1992 memo containing his “late-night musings,” which was addressed to Justice Souter and copied to Justices O’Connor and Stevens, Justice Kennedy also reflected on the court’s legitimacy in the context of abortion.He appeared troubled by aspects of Chief Justice Rehnquist’s dissent, which said public opinion should not affect the court’s work.“You can fend off the chief,” Justice Kennedy told Justice Souter, “by stating that we are not concerned with preserving our legitimacy for our own sake but for the sake of the Constitution. Thus, when we speak of the principled character of our decisions, we mean that they are informed by precedent, logic and the traditions of our people, all with reference to our constitutional heritage.”“We must be clear,” he went on, “that we are not guided by expediency, contemporary attitudes or our own morality.”The newly released files cover the years up to 2005, when Chief Justice John G. Roberts Jr. joined the Supreme Court. They are filled with notes in Justice Stevens’s not always legible scrawl, marked-up briefs, draft opinions, vote tallies, memos among the justices, recommendations from clerks and all manner of other paperwork.Before the new release, the most recent set of Supreme Court papers was from the files of Justice Harry A. Blackmun, who served through 1994 and died in 1999.The only current member of the court featured in the new files is Justice Clarence Thomas. The remaining parts of Justice Stevens’s papers are scheduled to be released in 2030.Kitty Bennett More

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    North Carolina Gerrymander Ruling Reflects Politicization of Judiciary Nationally

    When it had a Democratic majority last year, the North Carolina Supreme Court voided the state’s legislative and congressional maps as illegal gerrymanders. Now the court has a Republican majority, and says the opposite.Last year, Democratic justices on the North Carolina Supreme Court ruled that maps of the state’s legislative and congressional districts drawn to give Republicans lopsided majorities were illegal gerrymanders. On Friday, the same court led by a newly elected Republican majority looked at the same facts, reversed itself and said it had no authority to act.The practical effect is to enable the Republican-controlled General Assembly to scrap the court-ordered State House, Senate and congressional district boundaries that were used in elections last November, and draw new maps skewed in Republicans’ favor for elections in 2024. The 5-to-2 ruling fell along party lines, reflecting the takeover of the court by Republican justices in partisan elections last November.The decision has major implications not just for the state legislature, where the G.O.P. is barely clinging to the supermajority status that makes its decisions veto-proof, but for the U.S. House, where a new North Carolina map could add at least three Republican seats in 2024 to what is now a razor-thin Republican majority. Overturning such a recent ruling by the court was a highly unusual move, particularly on a pivotal constitutional issue in which none of the facts had changed.The North Carolina case mirrors a national trend in which states that elect their judges — Ohio, Kentucky, Kansas, Wisconsin, Pennsylvania and others — have seen races for their high court seats turned into multimillion-dollar political battles, and their justices’ rulings viewed through a deeply partisan lens.Such political jockeying once was limited mostly to confirmation fights over seats on the U.S. Supreme Court. But as the nation’s partisan divide has deepened, and the federal courts have offloaded questions about issues like abortion and affirmative action to the states, choosing who will decide state legal battles has increasingly become an openly political fight.The new Republican majority of justices said the North Carolina Supreme Court had no authority to strike down partisan maps that the General Assembly had drawn.“Our constitution expressly assigns the redistricting authority to the General Assembly subject to explicit limitations in the text,” Chief Justice Paul Newby wrote for the majority. “Were this court to create such a limitation, there is no judicially discoverable or manageable standard for adjudicating such claims.”Justice Newby said that Democrats who led the previous court had claimed to have developed a standard for deciding when a political map was overly partisan, but that it was “riddled with policy choices” and overstepped the State Constitution’s grant of redistricting powers to the legislature.Legal scholars said the ruling also seemed likely to derail a potentially momentous case now before the U.S. Supreme Court involving the same maps. In that case, Moore v. Harper, leaders of the Republican-run legislature have argued that the U.S. Constitution gives state lawmakers the sole authority to set rules for state elections and political maps, and that state courts have no role in overseeing them.Now that the North Carolina Supreme Court has sided with the legislature and thrown out its predecessor’s ruling, there appears to be no dispute for the federal justices to decide, the scholars said.The ruling drew a furious dissent from one of the elected Democratic justices, Anita S. Earls, who said that it was pervaded by “lawlessness.” She accused the majority of making specious legal arguments, and at times using misleading statistics, to make a false case that partisan gerrymandering was beyond its jurisdiction.“The majority ignores the uncontested truths about the intentions behind partisan gerrymandering and erects an unconvincing facade that only parrots democratic values in an attempt to defend its decision, ” she wrote. “These efforts to downplay the practice do not erase its consequences and the public will not be gaslighted.”Some legal experts said the ruling underscored a trend in state courts that elect their justices, in which decisions in politically charged cases increasingly align with the ideological views of whichever party holds the majority on the court, sometimes regardless of legal precedent.“If you think the earlier State Supreme Court was wrong, we have mechanisms to change that, like a constitutional amendment,” Joshua A. Douglas, a scholar on state constitutions at the University of Kentucky College of Law, said in an interview. “But changing judges shouldn’t cause such a sea change in the rule of law, because if that’s the case, precedent has no value any longer, and judges really are politicians.”The state court also handed down two more rulings in politically charged cases, overturning decisions that favored voting-rights advocates and their Democratic supporters.In the first, the justices reconsidered and reversed a ruling by the previous court, again along party lines, that a voter ID law passed by the Republican majority in the legislature violated the equal protection clause in the State Constitution.In the second, the justices said a lower court “misapplied the law and overlooked facts crucial to its ruling” when it struck down a state law denying voting rights to people who had completed prison sentences on felony charges but were not yet released from parole, probation or other court restrictions.The lower court had said that the state law was rooted in an earlier law written to deny voting rights to African Americans, a conclusion that the Supreme Court justices said was mistaken.The new ruling undid a decision that had restored voting rights to more than 55,000 North Carolinians who had completed prison sentences. Those rights are now revoked, lawyers said, although the status of former felons who had already registered or voted under the previous ruling appeared unclear.The ruling on Friday in the gerrymander case, now known as Harper v. Hall, came after partisan elections for two Supreme Court seats in November shifted the seven-member court’s political balance to 5-to-2 Republican, from 4-to-3 Democratic.The Democratic-controlled court ruled along party lines in February 2022 that both the state legislative maps and the congressional district maps approved by the Republican legislature violated the State Constitution’s guarantees of free speech, free elections, free assembly and equal protection.A lower court later redrew the congressional map to be used in the November elections, but a dispute over the State Senate map, which G.O.P. leaders had redrawn, bubbled back to the State Supreme Court last winter. In one of its last acts, the Democratic majority on the court threw out the G.O.P.’s State Senate map, ordering that it be redrawn again. The court then reaffirmed its earlier order in a lengthy opinion.Ordinarily, that might have ended the matter. But after the new Republican majority was elected to the court, G.O.P. legislative leaders demanded that the justices rehear not just the argument over the redrawn Senate map, but the entire case.The ruling on Friday came after a brief re-argument of the gerrymander case in mid-March.North Carolina voters are almost evenly split between the two major parties; Donald J. Trump carried the state in 2020 with 49.9 percent of the vote. But the original map of congressional districts approved by the G.O.P. legislature in 2021, and later ruled to be a partisan gerrymander, would probably have given Republicans at least 10 of the state’s 14 seats in the U.S. House of Representatives.Using a congressional map drawn last year by a court-appointed special master, the November election delivered seven congressional seats to each party. With the decision on Friday, the G.O.P. legislature is likely to approve a new map along the lines of its first one, giving state Republicans — and the slender Republican majority in the U.S. House — the opportunity to capture at least three more seats. More

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    Trump Can’t Stop Pence From Testifying to Jan. 6 Grand Jury, Court Rules

    The ruling by an appeals court paved the way for the former vice president to appear before a federal grand jury as early as this week.A federal appeals court rejected on Wednesday night an emergency attempt by former President Donald J. Trump to stop former Vice President Mike Pence from testifying in front of a grand jury investigating Mr. Trump’s efforts to overturn the 2020 election.The 11th-hour ruling by the U.S. Court of Appeals for the District of Columbia paved the way for Mr. Pence to appear before the federal grand jury as early as this week.Mr. Pence has always been a potentially important witness in the inquiry because of conversations he took part in at the White House in the weeks leading up to the attack on the Capitol on Jan. 6, 2021. During that time, Mr. Trump repeatedly pressed Mr. Pence to use his ceremonial role overseeing the congressional count of Electoral College votes to block or delay certification of his defeat.Prosecutors have been trying to get Mr. Pence to talk about Mr. Trump’s demands for several months — first in requests by the Justice Department for an interview and then through a grand jury subpoena issued by the special counsel Jack Smith, who inherited the inquiry into Mr. Trump’s attempts to stay in power.Last month, in a pair of sealed rulings, Judge James E. Boasberg, the chief judge of Federal District Court in Washington, ordered Mr. Pence to appear before the grand jury, striking down two separate challenges that would have kept him from answering certain questions.In one of those challenges, Mr. Pence sought on his own to limit his testimony by arguing that his role as the president of the Senate on Jan. 6, when Mr. Trump’s defeat was certified by Congress, meant he was protected from legal scrutiny by the executive branch — including the Justice Department. That argument was based on the “speech or debate” clause of the Constitution, which is intended to protect the separation of powers.Judge Boasberg ruled that while Mr. Pence could claim some protections against testimony under the clause, he would have to answer questions about any potentially illegal acts committed by Mr. Trump. This month, Mr. Pence announced that he did not intend to appeal the decision.Two weeks ago, Mr. Trump’s lawyers took the opposite path, asking the appeals court to reverse Judge Boasberg’s ruling on their own attempts to narrow the scope of the questions Mr. Pence would have to answer. Mr. Trump’s legal team based its arguments on the concept of executive privilege, which protects certain communications between the president and some members of his administration.The appeals court’s sealed ruling on Wednesday night came in response to an emergency request — it was also sealed — to temporarily stop Mr. Pence from answering questions in front of the grand jury as the broader appeal is being considered.When Mr. Pence ends up testifying, it will mark a significant turning point in the monthslong behind-the-scenes battle waged by Mr. Trump and several witnesses close to him to block the disclosure of details about plans to overturn the election. More

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    Abortion Surges to the Center of the 2024 Campaign

    Nearly a year after the Supreme Court turned abortion into a dominant issue of the 2022 midterms, the battle over abortion rights has catapulted to the center of the emerging 2024 election season, igniting Democrats, dividing Republicans and turbocharging sensitive debates over health care.From North Carolina to Nevada, Democrats running at every level of government are vowing to make support for abortion rights a pillar of their campaigns, and to paint their opponents as extremists on the issue.And as races intensify, Republicans are caught between the demands of their socially conservative base and a broader American public that generally supports abortion rights, exposing one of the party’s biggest political liabilities as it tries to win back the White House, recapture the Senate and expand its narrow House majority.This month, a Wisconsin judge won a crucial State Supreme Court race after running on her support for abortion rights.Jamie Kelter Davis for The New York TimesAll of those dynamics have crystallized over the last month. First, a liberal Wisconsin judge won a crucial State Supreme Court race by a commanding margin after running assertively on her support for abortion rights. A few days later, a conservative judge in Texas took the extraordinary step of moving to invalidate the Food and Drug Administration’s approval of the abortion pill mifepristone. The Supreme Court on Friday said the pill would remain widely available for now, halting two separate rulings, including the Texas ruling, while an appeal moves forward.Democrats cast the Supreme Court’s order as a close call, and warned that many Republicans still want as many abortion restrictions as possible, including a national ban. At the same time, Republican presidential hopefuls — whose teams generally did not respond to requests for comment on the Supreme Court’s ruling on Friday night — are straining to find their footing on the issue.Gov. Ron DeSantis of Florida recently signed a ban on abortion after six weeks of pregnancy, when many women do not know they are pregnant, staking out a position that conservatives applauded, but one that could hurt him in a general election with moderate voters. Others, like Senator Tim Scott of South Carolina, have struggled to articulate firm positions. And former President Donald J. Trump, whose choices for the Supreme Court helped overturn Roe v. Wade, recently angered anti-abortion leaders by emphasizing state power over the issue rather than a national ban.“I’m worried that we let the Democrats use the issue to define us, because we aren’t very good at our own messaging,” said the Republican governor of New Hampshire, Chris Sununu, who signed a measure that banned abortions after 24 weeks, with some exceptions. Mr. Sununu, who calls himself “pro-choice,” was the rare possible Republican presidential candidate to offer a comment on the court’s ruling on Friday: “Good call by the Supreme Court.”Representative Suzan DelBene, a Washington Democrat who leads the House Democratic campaign arm, said Republicans had moved in an increasingly “extreme” direction on abortion. She pointed, for instance, to an Idaho law criminalizing those who help a minor get an out-of-state abortion without parental permission, and to threats more broadly to abortion medication.“It’s dangerous, and people are angry,” she said. “We’re going to see that in 2024 in elections across the country.”Anti-abortion demonstrators gathered in front of the Supreme Court as part of the 50th March for Life in Washington in January. Haiyun Jiang/The New York TimesAs President Biden moves toward announcing a re-election bid as soon as Tuesday, one of his advisers predicted that the issue of abortion rights would be more significant in 2024 than it was last year, as Americans experience the far-reaching results of overturning Roe.Democrats are carefully monitoring — and eagerly broadcasting — the positions on abortion taken by Republicans in the nascent stages of primary season. And they are pressing their own succinct message.“We support women making decisions regarding their health care,” said Senator Gary Peters, a Michigan Democrat who leads the Democratic Senate campaign arm. “Not politicians, not judges.”Republicans are far more divided on what their pitch should be — and party officials acknowledge this poses a steep challenge.“We support women making decisions regarding their health care,” said Senator Gary Peters, a Michigan Democrat. “Not politicians, not judges.”Julia Nikhinson for The New York TimesConflict always emerges between the demands of primary voters and the preferences of general-election swing voters. But the overturning of Roe has drastically complicated this calculus for Republican candidates. They now face detailed questions about whether to support national bans; how soon into a pregnancy abortion bans should apply; what exceptions, if any, to permit; and how they view medication used in instances of abortions and miscarriages.“We wrap ourselves around the axle trying to nuance our position as a candidate or a party through the primary, knowing that we’re going to have to reexplain ourselves in the general,” Mr. Sununu said. “It comes off as disingenuous, convoluted, and at the end of the day, it really chases away voters.”The fault lines in the party were illuminated again this past week. After a spokesman for Mr. Trump indicated to The Washington Post that the former president believed abortion should be decided at the state level, the anti-abortion group Susan B. Anthony Pro-Life America issued a stern rebuke.Gov. Ron DeSantis of Florida signing a 15-week abortion ban into law in April 2022. This month, he signed a more restrictive six-week ban.Paul Hennessy/SOPA Images, via Sipa USA“We will oppose any presidential candidate who refuses to embrace at a minimum a 15-week national standard to stop painful late-term abortions while allowing states to enact further protections,” Marjorie Dannenfelser, the president of the organization, said in a statement.In a separate statement, Mr. Trump’s campaign said he “believes it is in the states where the greatest advances can now take place to protect the unborn,” while declaring him the “most pro-life president in American history.”There will be no shortage of opportunities for Republican candidates to highlight their anti-abortion credentials and to navigate the fallout from the Supreme Court’s decision, starting as soon as Saturday, at a gathering of the Iowa Faith and Freedom Coalition. On Tuesday, Nikki Haley, the former United Nations ambassador, is also expected to give a speech on abortion.Bob Vander Plaats, a socially conservative leader in Iowa whose organization is expected to host a gathering with presidential candidates this summer, said, “There’s a lot of ways to determine a person’s bona fides when it comes to the sanctity of human life, but I guarantee you the Texas ruling will be discussed.”The issue of abortion, he said, “will be a cornerstone issue in the Iowa caucuses. It will be a cornerstone issue in the Republican primary.”On Thursday, Ronna McDaniel, the chair of the Republican National Committee, tried to help her candidates navigate the subject, suggesting that opposing abortion after 15 weeks of pregnancy was a strong position politically, somewhat mirroring polling she has been showing to members of her party.“In 2022, a lot of Republican candidates took their D.C. consultants’ bad advice to ignore the subject,” she said in a speech. Noting the onslaught of Democratic ads on the subject, she said, “most Republicans had no response.”She urged Republicans to cast Democrats as “extreme” on the issue, a message echoed by some working on House and Senate races who say Democrats should be pressed on what limitations they support.Nicole McCleskey, a Republican pollster who worked for the successful re-election campaign of Gov. Kim Reynolds of Iowa last year, pointed to Ms. Reynolds, Gov. Mike DeWine of Ohio and Gov. Brian Kemp of Georgia as examples of leaders who embraced tight abortion restrictions but were not defined by that issue alone. All three swept to comfortable victories in states that often lean right, but are not the nation’s most conservative states.“This last election saw some candidates who were unclear or changed their position, lacked conviction and were unprepared to talk about this issue,” she said. “If you have those things — if you have conviction, if you have empathy, if you are prepared and you know how to define yourself and your opposition,” she added, “we can successfully navigate this issue.”But some candidates have shown little interest in managing a rhetorical balancing act.The issue is likely to come to a head in North Carolina, home to what may be the most consequential governor’s race of 2024, with Gov. Roy Cooper, a Democrat, term-limited.“I’m worried that we let the Democrats use the issue to define us, because we aren’t very good at our own messaging,” said Gov. Chris Sununu of New Hampshire, a Republican. Sophie Park for The New York TimesMark Robinson, the state’s often incendiary lieutenant governor and a Republican, is expected to announce a run for governor as soon as Saturday. Mr. Robinson, who has said that he and his now-wife aborted a pregnancy decades ago, has since made clear that he wants greater restrictions on abortion rights in North Carolina, where Republicans now have supermajorities in the state legislature. The procedure is currently legal up to 20 weeks of pregnancy in the state.Josh Stein, the state’s Democratic attorney general who is running for governor, said in an interview that there was “no question” that he saw abortion rights as being directly on the ballot. That message was effective for Democrats in governor’s races in several critical states last year.“The only reason North Carolina doesn’t have a ban on abortion now is because we have a Democratic governor,” Mr. Stein said.A spokesman for Mr. Robinson declined to comment for this article.For Democrats elsewhere, it can be more challenging to argue that their races will decide the fate of abortion rights in their state, especially in places where abortion protections are codified. And it is far too soon to know what mix of issues will ultimately determine 2024 campaigns.Still, Democrats noted that if the Supreme Court had let the Texas ruling stand, that would have had major nationwide implications — and many stress the possibility of national abortion bans, depending on the makeup of the White House and Congress.“Even though we may have current protections for this in Nevada, if a nationwide abortion ban is imposed, Nevadans will suffer, and women will die,” Senator Jacky Rosen of Nevada, a Democrat who recently announced her re-election bid, said in an interview.In a statement, Ms. Rosen called the Supreme Court order “a temporary relief.” But in the interview, she said the Texas ruling underscored how one conservative judge could threaten the power of a major government agency.“It’s pretty frightening,” she said. More