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      Defying the Supreme Court

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      The Kansas abortion vote and the congressional push on same-sex marriage show how progressives can confront the Supreme Court.The Supreme Court has lately looked like the most powerful part of the federal government, with the final word on abortion, gun laws, climate policy, voting rights and more.But the founders did not intend for the court to have such a dominant role. They viewed the judiciary as merely one branch of government. They gave Congress and the president, as well as state governments, various ways to check the court’s power and even undo the effects of rulings.Two big examples have emerged this summer, following the court’s decision to overturn Roe v. Wade. In Kansas, residents voted overwhelmingly this week to keep abortion rights as part of the state’s constitution. And in Congress, advocates for same-sex marriage are trying to pass a bill to protect it, worried that the court may soon restrict marriage rights as well.These developments offer a reminder about the limits of the Supreme Court’s power: Political progressives and moderates who are alarmed about the current court — the combination of its aggressiveness and the relative youth of its conservative members — have many options for confronting it.Some options are fairly radical, like changing the size of the court or passing a law declaring any subject to be off limits from Supreme Court review (both of which, to be fair, have happened in previous centuries). Other options are more straightforward. They involve the basic tools of democratic politics: winning over public opinion and winning elections.Larry Kramer, a former dean of Stanford Law School, argues that many progressives have made the mistake of paying relatively little attention to this strategy in recent decades. They have instead relied on courts to deliver victories for civil rights and other policies. That tactic worked under the liberal Supreme Court of the 1950s and 1960s and even sometimes under the more conservative court of recent decades. But under the current court, it will no longer work.The founders did not design the court to be the final arbiter of American politics, anyway. At the state level, progressives still have the ability to protect abortion rights, so long as they can persuade enough voters — as happened in Kansas this week. At the federal level, Congress has more authority to defy court decisions than many people realize.“If you want a better government, you have to actively get yourself engaged in creating it. And that you do through democratic politics if you want it to be a democracy,” Kramer recently said on Ezra Klein’s podcast. “You try and persuade, and if you do, the country follows you.”267 to 157The same-sex marriage bill is so intriguing because it is a rare recent instance of Congress acting as a check and balance on the Supreme Court, just as the founders envisioned and the Constitution allows.When the court overturns a specific law, Congress can often pass a new law, written differently, that accomplishes many of the same goals. Congress took this approach with civil rights starting in the 1980s, including with the Lilly Ledbetter Fair Pay Act of 2009, which made it easier for workers to sue for pay discrimination. The law was an explicit response to a Supreme Court ruling against Ledbetter.More recently, however, Congress has been too polarized and gridlocked to respond to court decisions. As a result, the courts have tended to dominate federal policy, by default.But after the court’s abortion decision in June contained language that seemed as if it might threaten same-sex marriage rights, House Democrats quickly proposed a marriage bill that would defang any future court decision. The court could still issue a ruling allowing states to stop performing same-sex marriages. But the House bill would require one state to recognize another state’s marriage. Two women or men who married in, say, California would still be legally married in South Carolina even if it stopped performing same-sex weddings.Celebrations in New York after the Supreme Court ruled in favor of same-sex marriage in 2015.Sam Hodgson for The New York TimesInitially, the House bill seemed as if it might be a political exercise, intended to force Republicans in swing districts to take a tough vote. Instead, the bill passed easily, 267 to 157, with all 220 Democrats and 47 Republicans voting yes.In the Senate, where 60 votes are needed to overcome a filibuster, the bill’s prospects remain unclear. For now, the bill has the support of all 50 senators aligned with the Democratic Party and four or five Republicans. My colleague Annie Karni says that Democratic leaders plan to hold a vote on the bill in the coming weeks.No wonder: According to a recent Gallup poll, 71 percent of Americans support same-sex marriage.Even if it fails to pass the Senate, the bill may prove consequential. It has set a precedent, and a similar bill seems likely to be on the legislative agenda any time Democrats control Congress. The House vote, by itself, also has the potential to influence the Supreme Court by demonstrating that a decision overturning same-sex marriage rights would be out of step with the views of many Republicans.Beyond marriageI recognize that progressives still face obstacles to achieving their goals through Congress. The Senate has a built-in bias toward rural, conservative states. The House suffers from gerrymandering (although this year’s districts don’t actually give Republicans a big advantage). And the Supreme Court has made it easier for states to pass voting restrictions.Yet political change is rarely easy. Religious conservatives spent decades building a movement to change the country’s abortion laws and endured many disappointments and defeats along the way.If progressives want to slow climate change, reduce economic and racial inequality, protect L.G.B.T. rights and more, the current Supreme Court has not rendered them powerless. If they can win more elections, the Constitution offers many ways to accomplish their goals.For moreThe contours of the Kansas vote suggest that about 65 percent of voters nationwide — and a majority of voters in more than 40 states — would support abortion rights in a similar ballot initiative, according to an analysis by The Times’s Nate Cohn.Suburban Democrats and rural Republicans in Kansas joined to produce the landslide result.The vote has galvanized Democrats to campaign on abortion rights.President Biden signed an executive order directing the federal government to protect abortion access across state lines.In Times Opinion, Michelle Goldberg writes that even in red states, abortion restrictions cannot necessarily survive contact with democracy.THE LATEST NEWSPoliticsThe Senate ratified adding Finland and Sweden to NATO, 95 to 1.Representative Jackie Walorski, 58, an Indiana Republican, and two of her aides were killed in a car crash.Republicans have nominated 2020 election deniers to oversee voting in four swing states: Arizona, Michigan, Nevada and Pennsylvania.The fate of the Democrats’ spending bill hinges on Senator Kyrsten Sinema. She wants changes to its climate and tax provisions.Even after Biden was sworn in, John Eastman, an architect of the Jan. 6 strategy, wanted to hunt for election fraud — and to get paid.InternationalChina started military drills near Taiwan. They appear to be a trial run for sealing off the island.When home is on a ferry: Some countries are paying shipping firms to offer Ukrainian refugees safe but tight quarters.Other Big StoriesThe U.S. stock of monkeypox vaccines is millions of doses short, partly because officials failed to ask the manufacturer to bottle existing supplies.Scientists revived cells in pigs that had been dead for an hour. The process could some day make dead organs viable for transplants.Text messages from the conspiracy theorist Alex Jones revealed that he withheld evidence in defamation lawsuits brought by Sandy Hook parents.Coal mining and neglect left southeastern Kentucky at the mercy of flooding.A heat wave is forecast to peak today in the Northeast.The N.F.L. appealed Deshaun Watson’s six-game suspension, seeking a longer punishment.OpinionsArizona Republicans have nominated a Senate candidate more extreme than Donald Trump, Sam Adler-Bell writes.Refusing to state plainly that gay men are at higher risk for monkeypox is homophobia by neglect, Kai Kupferschmidt argues.MORNING READSA composite image of the Cartwheel galaxy.Space Telescope Science Institute NASA, ESA, CSA, James Webb Space Telescope: Have a look at the Cartwheel galaxy.A Times classic: The slave who taught Jack Daniel about whiskey.Advice from Wirecutter: Beach day picks.Lives Lived: With Mo Ostin at the helm, Warner Bros. Records and its affiliates signed pivotal artists including Frank Sinatra, Joni Mitchell and Madonna. Ostin died at 95.SPORTS NEWS FROM THE ATHLETICA superstar debuts: Juan Soto debuted for San Diego last night after being the centerpiece of one of the biggest trades in M.L.B. history. He got on base three times in a blowout win.More than just an injury: Losing UConn’s Paige Bueckers — the biggest star in college basketball — to an ACL tear impacts the sport at large. She moves the needle unlike any other player in the game.A backup plan in Cleveland? If the N.F.L. appeal of Watson’s recommended suspension ends up in a full-season ban, could the Browns consider a move for Jimmy Garoppolo? It’s a possibility.ARTS AND IDEAS Plunge pools tend to be no larger than 10 feet by 20 feet.Katherine Squier for The New York TimesTake a plungeBring a bathing suit to your next backyard party. “Plunge pools” — deep enough to stand in, not much larger than a hot tub — are growing in popularity, Lia Picard writes in The Times.Plunge pools tend to be sleek and minimal, making yards “look and feel like a staycation spot,” one landscape designer said. And they are more affordable than in-ground pools, though not cheap: A high-end model costs about $100,000.PLAY, WATCH, EATWhat to CookDavid Malosh for The New York Times.This version of pasta alla Norma includes prosciutto.FilmSpecializing in work by Black, brown and Indigenous directors, the BlackStar Film Festival showcases experimental work.What to ReadIn “Mothercare,” the novelist Lynne Tillman unsentimentally writes about attending to her mother’s failing health.Late NightThe hosts discussed the abortion rights victory in Kansas.Now Time to PlayThe pangram from yesterday’s Spelling Bee was bronzing. Here is today’s puzzle.Here’s today’s Mini Crossword, and a clue: Jet black (four letters).And here’s today’s Wordle. After, use our bot to get better.Thanks for spending part of your morning with The Times. See you tomorrow. — DavidP.S. What’s a culture critic doing in a war zone? Jason Farago explains his reporting trip to Ukraine.Here’s today’s front page.“The Daily” is about the Kansas abortion referendum. On the Modern Love podcast, the power of forgiveness.Matthew Cullen, Claire Moses, Ian Prasad Philbrick, Tom Wright-Piersanti and Ashley Wu contributed to The Morning. You can reach the team at themorning@nytimes.com.Sign up here to get this newsletter in your inbox. More

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      Kansas Votes to Preserve Abortion Rights Protections in Its Constitution

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      OVERLAND PARK, Kan. — Kansas voters resoundingly decided against removing the right to abortion from the State Constitution, according to The Associated Press, a major victory for the abortion rights movement in one of America’s reliably conservative states.The defeat of the ballot referendum was the most tangible demonstration yet of a political backlash against the U.S. Supreme Court’s decision to overturn Roe v. Wade, the landmark decision that had protected abortion rights throughout the country. The decisive margin came as a surprise, and after frenzied campaigns with both sides pouring millions into advertising and knocking on doors throughout a sweltering final campaign stretch.“The voters in Kansas have spoken loud and clear: We will not tolerate extreme bans on abortion,” said Rachel Sweet, the campaign manager for Kansans for Constitutional Freedom, which led the effort to defeat the amendment.told supporters that a willingness to work across partisan lines and ideological differences helped their side win.“The voters in Kansas have spoken loud and clear: We will not tolerate extreme bans on abortion,” Ms. Sweet said.At a campaign watch party in suburban Overland Park, abortion rights supporters yelled with joy when MSNBC showed their side with a commanding lead.“We’re watching the votes come in, we’re seeing the changes of some of the counties where Donald Trump had a huge percentage of the vote, and we’re seeing that just decimated,” said Jo Dee Adelung, 63, a Democrat from Merriam, Kan., who knocked on doors and called voters in recent weeks.She said she hoped the result sent a message that voters are “really taking a look at all of the issues and doing what’s right for Kansas and not just going down party lines.”The vote in Kansas, three months before the midterm elections, was the first time American voters weighed in directly on the issue of abortion since the U.S. Supreme Court overturned Roe v. Wade this summer. The referendum, watched closely by national figures on both sides of the abortion debate, took on added importance because of Kansas’ location, abutting states where abortion is already banned in nearly all cases. More than $12 million has been spent on advertising, split about evenly between the two camps. The amendment, had it passed, would have removed abortion protections from the State Constitution and paved the way for legislators to ban or restrict abortions.“We’ve been saying that after a decision is made in Washington, that the spotlight would shift to Kansas,” said David Langford, a retired engineer from Leawood, Kan., who wants the amendment to pass, and who reached out to Protestant pastors to rally support.The push for an amendment was rooted in a 2019 ruling by the Kansas Supreme Court that struck down some abortion restrictions and found that the right to an abortion was guaranteed by the State Constitution. That decision infuriated Republicans, who had spent years passing abortion restrictions and campaigning on the issue. They used their supermajorities in the Legislature last year to place the issue on the 2022 ballot.That state-level fight over abortion limits took on far greater meaning after the nation’s top court overturned Roe, opening the door in June for states to go beyond restrictions and outlaw abortions entirely. The Roman Catholic Church and other religious and conservative groups spent heavily to back the amendment, while national supporters of abortion rights poured millions of dollars into the race to oppose it.Canvassers supporting Amendment 2 left literature at a resident’s door last week in Olathe, Kan.Chase Castor for The New York TimesSupporters of the amendment have said repeatedly that the amendment itself would not ban abortion, and Republican lawmakers have been careful to avoid telegraphing what their legislative plans would be if it passed.“Voting yes doesn’t mean that abortion won’t be allowed, it means we’re going to allow our legislators to determine the scope of abortion,” said Mary Jane Muchow of Overland Park, Kan., who supported the amendment. “I think abortion should be legal, but I think there should be limitations on it.”If the amendment had passed, though, the question was not whether Republicans would try to wield their commanding legislative majorities to pass new restrictions, but how far they would go in doing so. Many Kansans who support abortion rights said they feared that a total or near-total abortion ban would be passed within monthsAbortion is now legal in Kansas up to 22 weeks of pregnancy.“I don’t want to become another state that bans all abortion for any reason,” said Barbara Grigar of Overland Park, Kan., who identified herself as a moderate and said she was voting against the amendment. “Choice is every woman’s choice, and not the government’s.”A Pew Research Center survey published last month found that a majority of Americans said abortion should be legal in all or most cases, and that more than half of adults disapproved of the Supreme Court’s decision to overturn Roe.Kansas has been a focal point of the national abortion debate at least since 1991, when protesters from across the country gathered in Wichita and blocked access to clinics during weeks of heated demonstrations that they called the Summer of Mercy.At times, the state has seen violence over the issue. In 1986, a Wichita abortion clinic was attacked with a pipe bomb. In 1993, a woman who opposed abortion shot and injured Dr. George Tiller, one of only a few American physicians who performed late-term abortions. In 2009, another anti-abortion activist shot and killed Dr. Tiller at his Wichita church.In recent years, and especially in the weeks since Roe fell, Kansas has become a haven of abortion access in a region where that is increasingly rare.Even before the Supreme Court’s action, nearly half of the abortions performed in Kansas involved out-of-state residents. Now Oklahoma and Missouri have banned the procedure in almost all cases, Nebraska may further restrict abortion in the next few months, and women from Arkansas and Texas, where new bans are in place, are traveling well beyond their states’ borders.Kansas is reliably Republican in presidential elections, and its voters are generally conservative on many issues, but polling before the referendum suggested a close race and nuanced public opinions on abortion. The state is not a political monolith: Besides its Democratic governor, a majority of Kansas Supreme Court justices were appointed by Democrats, and Representative Sharice Davids, a Democrat, represents the Kansas City suburbs in Congress.Representative Sharice Davids speaks at an election watch party hosted by Kansans for Constitutional Freedom in Overland Park, Kansas.Arin Yoon for The New York TimesMs. Davids’s district was once a moderate Republican stronghold, but it has been trending toward Democrats in recent years. Her re-election contest in November in a redrawn district may be one of the most competitive House races in the country, and party strategists expect the abortion debate to play an important role in districts like hers that include swaths of upscale suburbs.Political strategists have been particularly attuned to turnout in the Kansas City suburbs, and are seeking to gauge how galvanizing abortion is, especially for swing voters and Democrats in a post-Roe environment.“They’re going to see how to advise their candidates to talk about the issue, they’re going to be looking at every political handicap,” said James Carville, the veteran Democratic strategist. “Every campaign consultant, everybody is watching this thing like it’s the Super Bowl.”As the election approached, and especially since the Supreme Court decision, rhetoric on the issue became more heated. Campaign signs on both sides have been vandalized, police officials and activists have said. In the Kansas City suburb of Overland Park, vandals targeted a Catholic church, defacing a building and a statue of Mary with red paint.Before the vote on Tuesday, which coincided with primary elections, Scott Schwab, the Republican secretary of state, predicted that around 36 percent of Kansas voters would participate, up slightly from the primary in 2020, a presidential election year. His office said that the constitutional amendment “has increased voter interest in the election,” a sentiment that was palpable on the ground.“I like the women’s rights,” said Norma Hamilton, a 90-year-old Republican from Lenexa, Kan. Despite her party registration, she said, she voted no. More

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      Prosecutors Rest in Contempt Case Against Steve Bannon

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      The government, seeking to hold Mr. Bannon to account for defying a subpoena from Congress, wrapped up its case after calling just two witnesses.WASHINGTON — The prosecution rested its case on Wednesday in the trial of Stephen K. Bannon, a former top adviser to President Donald J. Trump, as government lawyers sought to show that Mr. Bannon had repeatedly ignored warnings that he risked facing criminal charges in flouting a subpoena.Mr. Bannon was indicted in November on two counts of contempt of Congress after he refused to provide information to the House committee investigating the Jan. 6 attack.The trial on Wednesday largely centered on the testimony of Kristin Amerling, the deputy staff director and chief counsel to the Jan. 6 committee, who offered a detailed accounting of the committee’s attempts to compel Mr. Bannon to testify last year.“There had been a number of public reports stating that Mr. Bannon had been in communication with White House officials, including former President Trump in the weeks leading up to the Jan. 6 events,” Ms. Amerling said. “We wanted to understand what he could tell us about the connection between any of these events.”Prosecutors continued to describe Mr. Bannon’s decision to stonewall the committee as a straightforward case of contempt. By declining to testify, Mr. Bannon not only “thumbed his nose” at the law, but he also may have withheld significant information about the coordinated effort to disrupt the certification of the 2020 election, Amanda Vaughn, a prosecutor, said.Key Revelations From the Jan. 6 HearingsCard 1 of 8Making a case against Trump. More

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      Supreme Court’s Abortion Decision Roils Midterm Elections

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      GRAND RAPIDS, Mich. — The Supreme Court’s decision overturning Roe v. Wade on Friday catapulted the explosive battle over abortion rights into the center of several marquee midterm races, turning the fight over key governor’s contests and coveted Senate seats into heated debates about personal freedom and public health.Devastated Democrats, facing staggering political challenges amid high inflation and President Biden’s low approval ratings, hoped the decision might reinvigorate disaffected base voters. They also saw the moment as a fresh chance to hold on to the moderate, suburban swing voters who have helped them win recent elections.Republicans, for their part, publicly celebrated the ruling as the realization of a decades-long effort, even as some strategists — and former President Donald J. Trump — privately acknowledged that the issue created at least some risk for a party that has enjoyed months of political momentum. Many argued that competitive races would ultimately be decided by other issues.“From the grass-roots perspective, there’s a lot of joy,” said Scott Jennings, a Republican who is a former top campaign aide to Senator Mitch McConnell, the minority leader. “This is why we fight. And at the same time, this election is going to be decided on a couple of issues: Joe Biden’s approval rating, inflation, the economy, crime, quality of life.”For years, the prospect of overturning Roe v. Wade was an abstract concept for many Americans — a distressing but distant worry for some and a long-term goal rather than an imminent possibility to others. The Supreme Court’s opinion eliminating the constitutional right to an abortion ended that era of disbelief, opening a new chapter of concrete consequences, in which races for governor, state legislature and attorney general, and even state courts might determine whether millions of Americans have access to the procedure.“This fall, Roe is on the ballot,” Mr. Biden said on Friday. “Personal freedoms are on the ballot.”Both parties agree that the high stakes will be galvanizing, to some degree, to their respective bases. But the critical question remains whether swing voters — in particular, independent women from the diverse suburbs, who are currently focused on economic uncertainty — will turn their attention to the fight over access to abortion.Gov. Gretchen Whitmer of Michigan after a discussion of abortion rights in Grand Rapids.Emily Elconin for The New York Times“There are a lot of independent women, I think there are a lot of women who haven’t been participating in elections, and are going to engage,” Gov. Gretchen Whitmer of Michigan said in an interview earlier this week, after hosting an emotional round table focused on abortion rights at a brewery in Grand Rapids. “But I’m not going to assume it. We’re going to have to make sure that we’re doing the work of education and persuasion and activation.”Already this year, Democratic campaigns and supportive outside groups have spent nearly $18 million in advertising on abortion issues, while Republicans and affiliated outside groups have spent nearly $21 million, according to the media tracking firm AdImpact. Both figures may balloon.Activists and party strategists, who have been preparing for months to mobilize around this issue, are focusing in particular on governor’s races in Michigan, Wisconsin and Pennsylvania, three states currently led by Democratic governors, and places where the outcomes this fall could directly impact the future of abortion rights after the Dobbs v. Jackson Women’s Health Organization decision handed control over abortion protections back to the states.Democrats also are planning to use the issue to play offense in other governor’s races, while making the case that Senate and House candidates across the country, too, have embraced positions on abortion that are far outside the mainstream.An early test of energy around this issue will come in August, as Kansans vote on whether to remove the right to an abortion from the state constitution.In a fund-raising email on Friday, Gov. Laura Kelly of Kansas, a Democrat, declared that “I could be the only Kansas leader standing in the way” of new abortion restrictions. Her likely opponent, the state attorney general, Derek Schmidt, said that he would support the ballot initiative.The Kansas Senate debated an amendment to the state constitution that would regulate abortion rights last year.Evert Nelson/The Topeka Capital-Journal, via Associated PressDemocrats had been preparing to try to direct the expected outpouring of shock and anger into electoral action once the opinion was handed down, with party committees and state parties conferring on national messaging and mobilization plans, as well as launching a website on Friday to direct organizing efforts.Candidates and organizations have employed focus groups and polling to assess the issue; there are sprawling fund-raising efforts; and the abortion rights groups Planned Parenthood Action Fund, NARAL Pro-Choice America and Emily’s List have said they intend to spend $150 million on the midterm elections. American Bridge 21st Century, a Democratic-aligned super PAC, says it has tapped social media influencers to communicate about abortion rights and Republican records on that issue to Americans who may be only casually political.“We will see, state by state by state, pre-existing bans go into effect, state legislatures rush to pass abortion bans,” said Cecile Richards, the former president of Planned Parenthood who is now a chair of American Bridge. “It’s a different conversation now because it’s become real.”Despite all the mobilization, many party strategists do not anticipate that even Friday’s seismic decision will fundamentally change voters’ focus on cost-of-living worries. But some see it as reinforcing their core argument against Republicans: that the right wing of the party is in control, out of step with public opinion, and focused above all else on cultural battles. Senate Democrats and strategists are particularly focused on highlighting the Republican candidates who support near-total bans on abortion.“Economic issues are always going to outweigh abortion for a lot of voters,” said Celinda Lake, a veteran Democratic strategist. “But it’s very, very important for Democrats — to win these swing voters — to make this a choice, not a referendum.” Abortion, she said, “is going to be a major factor in that, because it is a very clear distinction.”Abortion rights supporters protested the Supreme Court’s decision to overturn Roe v. Wade on Friday at the Georgia State Capitol in Atlanta.Kendrick Brinson for The New York TimesPolling shows that Americans strongly oppose completely overturning Roe v. Wade — in a Washington Post-ABC poll conducted in late April, 54 percent of Americans thought the Roe decision should be upheld, while 28 percent believed it should be overturned. But views on abortion vary depending on a state’s political tilt.That is one reason Republicans’ messaging on the issue has been less unified. On Friday, as some candidates, lawmakers and the Republican National Committee rushed to celebrate the ruling, others sought to quickly return their focus to pocketbook issues.Adam Laxalt, the Republican Senate candidate in Nevada — a state with a history of supporting abortion rights — on Friday cheered the “historic victory for the sanctity of life,” but stressed that access to abortion was already “settled law” in Nevada.“It won’t distract voters from unaffordable prices, rising crime or the border crisis,” he said.When asked for comment, Jesse Hunt, a spokesman for the Republican Governors Association, responded in a statement that “the persuadable voters that will determine the outcome in competitive races are deeply concerned with the damage being done to their financial security” by Democrats.Even Mr. Trump, the former president who put conservatives on the court, has privately told people that he believes the court’s decision will be “bad for Republicans.” In a public statement on Friday, Mr. Trump called the decision “the biggest WIN for LIFE in a generation.”Abortion rights opponents are working to capitalize on conservatives’ enthusiasm.The anti-abortion rights group Susan B. Anthony Pro-Life America launched a field program last year, with plans to engage eight million voters in critical battleground states. The group is focusing on “those people that are in play, that could go either way based on this particular issue,” said Marjorie Dannenfelser, the president of the organization.“It’s not just some theoretical vote about somebody who says they’re pro-life,” she said. “It’s now an opportunity to actually do something about it.”Penny Nance, the president of Concerned Women for America, an organization that opposes abortion rights, said the group was planning a summit that would focus on the role of state activism in a post-Roe nation.Some state officials have “basically said, ‘We don’t really have the ability to change the law because of the Supreme Court decision,’” she said.“Now,” she continued, “it changes everything.”That new focus on state laws has already intensified the debate in statehouses and governor’s races in politically divided states. In Pennsylvania, the next governor and a Republican-led statehouse will likely determine access.Doug Mastriano, the Republican candidate for governor of Pennsylvania, with supporters in Portersville in May.Keith Srakocic/Associated Press“Roe v. Wade is rightly relegated to the ash heap of history,” said Doug Mastriano, the far-right Republican nominee for governor in Pennsylvania. Josh Shapiro, the state attorney general and the Democratic nominee for governor, wrote on Twitter on Friday that “without Roe, the only thing stopping them is the veto pen of our next Governor.”In Michigan and Wisconsin, old laws on the books call for near-total bans on abortion and Democratic governors up for re-election have vowed to fight to protect access.In Michigan, abortion rights supporters are working to secure a constitutional amendment protecting the right to an abortion. Ms. Whitmer has also filed a lawsuit asking “the Michigan Supreme Court to immediately resolve” whether the State Constitution protects the right to an abortion. At her roundtable discussion this week, Ms. Whitmer spoke with women about whether they thought voters had yet grasped the significance of what overturning Roe v. Wade would mean.“So many people,” one attendee told her, “didn’t realize it was this serious.” More

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      Pennsylvania Governor’s Race Takes on Huge Stakes for Abortion Rights

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      Now that the Supreme Court has struck down Roe v. Wade, the most important election this year in America when it comes to abortion will be the contest for governor of Pennsylvania.Josh Shapiro, the state’s Democratic attorney general, is facing off against Doug Mastriano, a Republican state senator who has vowed to make abortion illegal. If Mr. Mastriano wins, the Republican-controlled Pennsylvania legislature is all but certain to move to undo the state’s existing law allowing abortion.“Roe v. Wade is rightly relegated to the ash heap of history,” Mr. Mastriano said on Friday. “As the abortion debate returns to the states, Pennsylvania must be prepared to lead the nation in being a voice for the voiceless.”Mr. Shapiro denounced the ruling. “The stakes in this governor’s race could not be more clear,” he said. “The contrast between me and my dangerous opponent could not be greater.”Josh Shapiro, the Pennsylvania attorney general and Democratic nominee for governor, has pledged to protect abortion rights.Jeff Swensen for The New York TimesNowhere else is a governor’s race so pivotal. In Wisconsin, where the Republican-led Legislature has battled with Gov. Tony Evers, a Democrat who is seeking re-election, a pre-Roe law forbidding abortion automatically went back into effect after Friday’s decision. Mr. Evers has pledged to fight for abortion rights, but he faces a wall of opposition from Republican state legislators.This week, Mr. Evers ordered Wisconsin’s lawmakers to the State Capitol in Madison for a special session meant to reverse an 1849 law outlawing abortion. Republicans ended the session on Wednesday without taking action.In Michigan, Gov. Gretchen Whitmer, a Democrat, has backed a series of creative legal arguments to block the state’s 1931 law outlawing abortion from taking effect. In May, a state judge ruled that the law would not immediately go into effect after an eventual Supreme Court ruling on Roe.Ms. Whitmer has also supported an effort to place a referendum on the November ballot to enshrine abortion rights in Michigan’s Constitution.Three other states will have questions about abortion decided directly by voters in November.Kansas and Kentucky have referendums asking voters to affirm that their state constitutions do not guarantee a right to abortion. In Vermont, the ballot will contain a question that would enshrine a person’s right to control their own reproductive choices in the state’s Constitution.Gov. Laura Kelly of Kansas, a Democrat who supports abortion rights, faces a difficult re-election bid. Her likely Republican opponent, Derek Schmidt, the state’s attorney general, opposes abortion rights.After Friday’s ruling, Republican governors praised the decision and sought to press the party’s advantage. In Virginia, Gov. Glenn Youngkin said Friday that he would seek a ban on abortion after 15 weeks — though such a move is unlikely to be successful given that Democrats control the State Senate.“Virginians want fewer abortions, not more abortions,” Mr. Youngkin said. “We can build a bipartisan consensus on protecting the life of unborn children.”Virginia’s next round of state legislature elections won’t take place until 2023; Mr. Youngkin, who took office in January, is prohibited from seeking a second consecutive term.Gov. Phil Bryant of Mississippi, a Republican whose state capital was the origin of Friday’s Supreme Court case, said state lawmakers would exercise a “moral duty to protect life at all stages.”“The pro-life movement also understands that our fight is just beginning,” Mr. Bryant said. “In the coming days, our efforts to assert the full dignity of every human life will become more important.”Some Republicans minimized the significance of the ruling even as they cheered it. Mr. Mastriano, speaking in Binghamton, N.Y., where he appeared alongside and endorsed Andrew Giuliani in New York’s Republican primary for governor, called the political furor a distraction.“Sadly, the other side wants to distract us about, you know, Jan. 6,” said Mr. Mastriano, who chartered buses for his supporters to attend the rally that led to the Capitol attack. “Or they want to distract us about Covid. Or distract us about, you know, Roe v. Wade.”Gov. J.B. Pritzker of Illinois called on the state’s Democratic-led General Assembly to convene a special session to protect abortion rights.Jamie Kelter Davis for The New York TimesDemocratic governors cast the Supreme Court’s decision as a catastrophic move — and the first step toward a broader rollback of women’s rights.Gov. J.B. Pritzker of Illinois said he had pressed President Biden during his recent visit to Chicago to be more forceful in defending abortion rights. He said Illinois, which is surrounded by states where abortion is illegal or is likely to be outlawed soon, had “a special obligation” to make abortion accessible not just to its citizens but also to visitors.“We’re an island in the Midwest, in the country, all around us are anti-choice legislatures and state laws and governors,” Mr. Pritzker said in an interview on Friday. “The only thing that will allow us to reverse the terrible direction things are going is electing pro-choice Democratic governors, pro-choice Democratic legislators.”Democratic candidates for governor in states with Republican-controlled legislatures like Georgia, Arizona and Texas said they would fight for abortion rights if elected — though in practice there is little they could do toward that goal given Republican opposition.“I will work with the legislature to reverse the draconian law that will now rule our state,” said Stacey Abrams, the Democrat running for governor of Georgia.Neil Vigdor More

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      Judge Allows Dominion’s Defamation Suit to Include Fox Corporation

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      The decision broadens the possible legal exposure to the highest ranks of the Fox media empire.A judge presiding in the defamation lawsuit against Fox News by Dominion Voting Systems ruled this week that the cable channel’s parent company, Fox Corporation, can be included in the suit, broadening the possible legal exposure to the highest ranks of the Fox media empire.Dominion had argued that Fox Corporation should also be part of the litigation because its two most senior executives, Rupert and Lachlan Murdoch, played “a direct role in participating in, approving and controlling” statements that fed false perceptions of voter fraud in the 2020 presidential election.In a decision, Judge Eric M. Davis of Delaware Superior Court said Dominion had “adequately pleaded” facts supporting its claim that Fox Corporation was “directly liable” for what Fox News put on the air. He reasoned that the Murdochs were widely known to have a hand in shaping Fox News coverage. Judge Davis also said it was reasonable to infer that Fox Corporation had “participated in the creation and publication of Fox News’s defamatory statements.”Dominion’s suit against Fox News, filed in March 2021 in Delaware, where both companies are incorporated, seeks at least $1.6 billion in damages.“The truth matters,” Dominion’s lawyers wrote in their initial complaint. “Lies have consequences. Fox sold a false story of election fraud in order to serve its own commercial purposes, severely injuring Dominion in the process. If this case does not rise to the level of defamation by a broadcaster, then nothing does.”Fox News and its parent company have denied that the statements in question were defamatory in the first place, arguing that what was said on Fox broadcasts about Dominion was, in part, protected expressions of opinion. Included were various unsubstantiated allegations from Fox News hosts and guests that Dominion was somehow complicit in a conspiracy to steal votes from former President Donald J. Trump.Separately, Judge Davis denied a claim from Dominion to extend its suit to Fox Broadcasting, the television and entertainment division of the Fox brand that is home to shows including “MasterChef” and “The Simpsons.”Fox News moved to dismiss the Dominion suit late last year, but that motion was rejected.The lawsuit is in the discovery phase, the process through which Dominion lawyers are combing through internal Fox communications in search of evidence. Dominion’s lawyers will need to prove that people at the network acted with “actual malice,” meaning they either knew the allegations against Dominion were false or they recklessly disregarded facts that would have shown them to be false. More

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      Pennsylvania Court Orders Undated Ballots to Be Counted, Siding With McCormick For Now

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      David McCormick, who was trailing Dr. Mehmet Oz by fewer than 1,000 votes, had sued to have ballots without handwritten dates on their return envelopes counted.Update: David McCormick conceded the exceedingly close race for the Republican nomination for Senate in Pennsylvania on Friday to Dr. Mehmet Oz. Read the news story.A Pennsylvania court ordered election officials on Thursday to count undated mail-in ballots for now in a nationally watched Republican Senate primary, granting a temporary injunction to David McCormick as he trailed Dr. Mehmet Oz amid a statewide recount.Fewer than 1,000 votes separate Mr. McCormick, a former hedge fund executive, from Dr. Oz, the celebrity physician backed by former President Donald J. Trump, in a race that could ultimately determine control of the divided Senate.The Commonwealth Court of Pennsylvania concluded that a May 23 lawsuit by Mr. McCormick had raised sufficient claims that a state law requiring voters to hand-write the date on return envelopes for mail-in ballots could lead to their disenfranchisement.Republicans have fought to enforce the rule, siding with Dr. Oz in the lawsuit.In the 42-page opinion, Renée Cohn Jubelirer, the court’s president judge, directed county election boards to report two sets of tallies to the acting secretary of the commonwealth, one that includes the undated ballots and one that does not. That way, when a final decision is made on whether to accept the ballots, the judge wrote, the vote count will be readily available.In the opinion, Judge Cohn Jubelirer said there was no question that the contested ballots had been returned by the May 17 deadline.“The court notes that no party has asserted, or even hinted, that the issue before the court involves allegations of fraud,” she wrote. “The parties have agreed that this election was free and fair.”A campaign spokeswoman for Mr. McCormick lauded the court order in a statement on Friday.“We are pleased the court agrees on ensuring valid Republican votes that were signed and returned on time, as shown by their time-stamp, are counted so the party can get behind a strong nominee in the fall,” the campaign spokeswoman, Jess Szymanski, said.Casey Contres, the campaign manager for Dr. Oz, declined to comment about the decision on Friday.Judge Cohn Jubelirer wrote that the court’s guidance should be uniform, noting that some counties had decided to accept the undated ballots and others had not.“Without court action, there exists the very real possibility that voters within this commonwealth will not be treated equally depending on the county in which they vote,” she wrote. “The court begins with the overarching principle that the Election Code should be liberally construed so as not to deprive electors of their right to elect a candidate of their choice.”The treatment of undated mail-in ballots is at the heart of another legal dispute in Pennsylvania. That one is before the U.S. Supreme Court, which on Tuesday paused the counting of those ballots in a judicial race in Lehigh County, Pa., a case that could reverberate in the G.O.P. Senate primary.Understand the Battle Over U.S. Voting RightsCard 1 of 6Why are voting rights an issue now? More

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      How N.Y. Democrats Lost a Critical Redistricting Battle

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      When an independent redistricting commission failed to reach consensus, Democratic leaders decided to make their own maps and risk a lawsuit.It was 2020, more than a year before New York began its once-in-a-decade redistricting process, when Carl Heastie, the Assembly speaker, foresaw a problem.New York voters had empowered a bipartisan commission to guide the task of drafting new legislative maps for the House and local state districts. But Mr. Heastie worried that constitutional language behind the new process would give incentive to Republicans to undermine the commission, according to two Democrats familiar with the discussions.If the commission failed to complete its work, Republicans could try to push the mapmaking process directly to the courts, rather than the Democrat-dominated Legislature.With a handful of crucial House and State Senate seats hanging in the balance, that outcome could have been disastrous for Democrats. They drafted a constitutional amendment to head off Republicans, but voters soundly rejected it last November. Lawmakers then tried another workaround, passing a bill authorizing the Legislature to act if the commission failed to complete its work.Mr. Heastie’s fears came to pass in January, when Republican commissioners refused to approve a final recommendation to the Legislature.But rather than defer to the courts, Democratic leaders decided to make a bet: They disregarded the commission’s work, unilaterally approved maps that positioned their party to pick up key House seats, and hoped that their legal change would withstand scrutiny.Carl Heastie, the Assembly speaker, had warned colleagues that a new redistricting commission might intentionally deadlock.Cindy Schultz for The New York TimesOn Wednesday, the Democrats’ maneuver imploded.In a sharply worded decision, the New York State Court of Appeals said that the Legislature’s actions violated the State Constitution, accusing Democratic leaders of placing partisan interests above the will of the voters who, in 2014, created the commission and outlawed partisan gerrymandering.A majority of the seven-judge panel — all appointed by Democrats — explicitly found fault with Mr. Heastie’s attempted procedural fix, ruled that the congressional maps had been “drawn with impermissible partisan purpose,” and empowered a court-appointed special master to redraft the congressional and State Senate lines.The ruling threw New York politics into chaos and scrambled the national fight for control of the House of Representatives this fall.What to Know About RedistrictingRedistricting, Explained: Here are some answers to your most pressing questions about the process that is reshaping American politics.Understand Gerrymandering: Can you gerrymander your party to power? Try to draw your own districts in this imaginary state.Killing Competition: The number of competitive districts is dropping, as both parties use redistricting to draw themselves into safe seats.Deepening Divides: As political mapmakers create lopsided new district lines, the already polarized parties are being pulled even farther apart.“Any Democrat in New York today who you get on the phone and tells you anything other than this was an unmitigated disaster, is just not telling you the truth,” said Chris Christie, the former New Jersey governor who helps lead the Republicans’ national redistricting effort.Democrats had been counting on the new maps in New York to provide as many as three new House seats, offsetting expected Republican gains through redistricting in other states.The final outcome of the 2022 battlefield may still depend on whether Florida courts strike down Republicans’ new map there as a gerrymander. But for now, Republicans appear poised to best the Democrats nationally for the second consecutive redistricting cycle, making it increasingly difficult for Democrats to hold onto their slim House majority.The situation in New York was even more tenuous. Not only will it take a court-appointed special master weeks to draw new lines — significantly scrambling contests that have already been going on for months — but election lawyers said on Thursday that they were not certain how the state could even comply with the order and other election-related requirements.For instance, while it at first appeared that primaries for statewide offices like governor and lieutenant governor had not been affected by the ruling, those contests may be called into question, after all. To qualify for the ballot, the State Board of Elections requires candidates for statewide office to collect petitions from voters in multiple congressional districts. No one could immediately say whether those petitions, filed weeks ago, were now invalid.“Boy, that could really upend the elections much more than I originally thought,” said Jerry H. Goldfeder, a Democratic elections lawyer who wrote a leading textbook on New York election law, as he puzzled through the ruling Thursday morning.Mr. Goldfeder and other Democrats strenuously disagreed with the Court of Appeals’ decision, the first time in half a century that the judges have struck down a map approved by lawmakers. They called it judicial overreach and heaped blame back on Republicans, who they say intentionally sabotaged the commission’s work in hopes of achieving the outcome they ultimately won in court.“It would have been impossible for us to actually meet the threshold laid out by the Court of Appeals because the Republicans refused to come to a meeting to vote,” said David Imamura, the Democratic appointee who chaired the redistricting commission.He called the current system “unworkable” and warned that the Court of Appeals decision, while attempting to vindicate the will of the voters, would actually ensure that one party or the other always has a political incentive to deprive the Legislature of the ability to draw lines.Jack Martins, Mr. Imamura’s Republican counterpart, did not return requests for comment.In reality, both parties entered this year’s redistricting cycle knowing that the commission was legally untested and had serious flaws that made it different from those that have worked in other states.Created out of a compromise between former Gov. Andrew M. Cuomo and Republicans who controlled the Senate at the time, the panel consisted of even numbers of Democratic and Republican appointees. It lacked clear incentives to compromise, and its work could always be overruled by the Legislature if lawmakers rejected two consecutive proposals by the body.But voters, sick of years of political mapmaking in New York, enthusiastically enshrined it in the State Constitution alongside language outlawing partisan gerrymandering.For a time, the commission appeared to be working. That changed late last year, when the members began to draft final congressional, State Senate and Assembly maps. Rather than sending the Legislature one set of maps to consider in January, the commission sent competing partisan maps.When those maps were rejected, the commission simply collapsed without submitting a second proposal required by the State Constitution, eventually laying the groundwork for the Republicans to sue.Democratic lawmakers insist that after the commission failed, they proceeded in good faith, acting on what courts in New York have long recognized as the authority of the representative branch of government to draw maps.How U.S. Redistricting WorksCard 1 of 8What is redistricting? More