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      My daughter is trans. She was nearly taken away from me because I let her transition | Carolyn Hays

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      My daughter is trans. She was nearly taken away from me because I let her transitionCarolyn HaysA child welfare investigation drove us from our conservative state. Little did we know that rightwing governors across America would soon be embracing this kind of persecution One autumn day in 2011, an investigator from our state’s department of children and families knocked on our door. At the time we lived in a conservative state in the American south. Someone had made an anonymous complaint accusing us of child abuse for allowing our child to have a girlhood. A lawyer told us that, in this state with decades of Republican-appointed judges, we were at risk of losing custody of our transgender daughter.The investigator’s visit felt like a bizarre clerical error; our four kids were thriving and we were well-liked in our community. The investigator ultimately found us to be good parents doing what was best for our child. However, it had become urgently clear that we would have to leave the deep south and move to a place where our youngest daughter, who had recently transitioned to she/her pronouns and a nickname, would have basic rights to equal education, housing, healthcare and, as she grew up, employment.Our map of the United States included about 13 states where there were laws likely to pass or already in place that would allow us to live as a family fully protected by law. It was a shock to have our country suddenly shrink, almost overnight. My husband and I are white, able-bodied, cis-gender, and straight; we’d taken for granted that each and every part of the United States was available to us. That was over. We were still Americans, but the terms of our supposed agreement with our own country had changed.We couldn’t have predicted that what happened to us would has now become an explicit rightwing political strategy. Earlier this year, the governor of Texas, Greg Abbott, issued an executive order directing the state’s department of family and protective services to investigate parents who support their transgender children, threatening to wrench apart families like ours, in a state that is home to almost 29 million people.After our own brush with losing custody of our child, we moved to New England. Over the next few years, to our surprise, the list of states with anti-discrimination laws grew. In New Jersey, a Republican governor signed laws to protect trans students. Even below the Mason-Dixon line, some Republican officials signed laws protecting transgender students in public education. Eventually there were 17 states, then 21, where children’s rights to gender self-expression were protected. It seemed possible that our daughter might get to be an American anywhere in America.That hope ended with the Trump administration. His administration waged a lockstep attack against transgender people – banning trans soldiers from military service, revoking civil rights guidelines that had protected trans students, rescinding protections for trans people who are incarcerated and for those living in homeless shelters and allowing discrimination based on gender identity in healthcare. It was ugly, swift and terrifying.After Trump lost in 2020, states took up the charge. Republican-led state governments pushed slates of anti-trans laws, many of which targeted kids. Being openly anti-trans seemed to become a point of pride among certain Republican politicians. It felt like whiplash. While our transgender daughter was flourishing, the country taking shape around her was hostile to her existence.We worry about what the map of the United States will look like in 2024 or 2025. If Republicans are in the White House with an uber-conservative majority in the supreme court and a Republican-dominated Congress, will individual states retain the right to protect families like ours? Or will the map of the United States be one solid anti-trans bloc?This issue has been clarified by the supreme court’s decision to repeal Roe v Wade. No longer allowed to make choices, with privacy and dignity, about their own bodies, people of reproductive age are being pushed to the edge of the same cliff as trans people. Every woman, queer or trans person – as individuals and as members of families and communities – faces threats to their bodily autonomy and basic privacy.It has become abundantly clear that we need to protect that autonomy and privacy for every American. The right to privacy includes our right to birth control, to marry the person we love, and to seek the healthcare we need in conversation with our doctors and not our politicians. As the country gets carved away from us, we must draw closer, putting aside differences and rising up as one. We need the power of working in solidarity to reclaim America – not in bits and pieces, but in the entirety of these United States.
      Carolyn Hays is an award-winning, critically acclaimed, bestselling author. She is the author of A Girlhood: Letter to My Transgender Daughter, which she has written under a pseudonym
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      Republicans Sharpen Post-Roe Attacks on L.G.B.T.Q. Rights

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      Days after the Supreme Court overturned the right to abortion, Michigan’s Republican candidates for governor were asked if it was also time to roll back constitutional protections for gay rights.None of the five candidates came to the defense of same-sex marriage.“They need to revisit it all,” one candidate, Garrett Soldano, said at the debate, in Warren, Mich.“Michigan’s constitution,” said another candidate, Ralph Rebandt, “says that for the betterment of society, marriage is between a man and a woman.”Garrett Soldano, a Republican candidate for governor of Michigan, attacked “the woke groomer mafia” in one ad.Michael Buck/WOOD TV8, via Associated PressSince the Supreme Court decision last month overturning Roe v. Wade, anti-gay rhetoric and calls to roll back established L.G.B.T.Q. protections have grown bolder. And while Republicans in Congress appear deeply divided about same-sex marriage — nearly 50 House Republicans on Tuesday joined Democrats in supporting a bill that would recognize same-sex marriages at the federal level — many Republican officials and candidates across the country have made attacking gay and transgender rights a party norm this midterm season.In Texas, Attorney General Ken Paxton said after the Roe reversal that he would be “willing and able” to defend at the Supreme Court any law criminalizing sodomy enacted by the Legislature. Before that, the Republican Party of Texas adopted a platform that calls homosexuality “an abnormal lifestyle choice.”Demonstrators at the Texas Capitol in Austin rallied in March against an order by the governor that targeted medical treatments provided to transgender adolescents.Christopher Lee for The New York TimesIn Utah, the Republican president of the State Senate, Stuart Adams, said he would support his state’s joining with others to press the Supreme Court to reverse the right of same-sex couples to wed. In Arizona, Kari Lake, a candidate for governor endorsed by Donald J. Trump, affirmed in a June 29 debate her support for a bill barring children from drag shows — the latest target of supercharged rhetoric on the right.And in Michigan’s governor’s race, Mr. Soldano released an ad belittling the use of specific pronouns by those who do not conform to traditional gender roles (“My pronouns: Conservative/Patriot”) and accusing “the woke groomer mafia” of wanting to indoctrinate children.Some Democrats and advocates for L.G.B.T.Q. communities say the Republican attacks have deepened their concerns that the overturning of Roe could undermine other cases built on the same legal foundation — the right to privacy provided in the Fourteenth Amendment — and lead to increases in hate crimes as well as suicides of L.G.B.T.Q. youth.“The dominoes have started to fall, and they won’t just stop at one,” said Attorney General Dana Nessel of Michigan, a Democrat who was the first openly gay person elected to statewide office there. “People should see the connection between reproductive rights, L.G.B.T.Q. rights, women’s rights, interracial marriage — these things are all connected legally.”This year, Republican-led states have already passed numerous restrictions on transgender young people and on school discussions of sexual orientation and gender.In June, Louisiana became the 18th state, all with G.O.P.-led legislatures, to ban transgender students from playing on sports teams that match their gender identity. Laws to prohibit transitioning medical treatments to people under 18, such as puberty blockers, hormones and surgeries — which advocates call gender-affirming care — have been enacted by four states. And after Gov. Ron DeSantis of Florida signed a law in March banning classroom discussion of sexual orientation and gender identity in early grades, more than a dozen other states moved to imitate it.In all, over 300 bills to restrict L.G.B.T.Q. rights have been introduced this year in 23 states, according to the Human Rights Campaign, the nation’s largest L.G.B.T.Q. advocacy organization.The bills under consideration focus not on same-sex marriage but on transgender youth, on restricting school curriculums and on allowing groups to refuse services to L.G.B.T.Q. people based on religious faith. Most of the measures have no chance of passage because of opposition from Democrats and moderate Republicans.Still, the Human Rights Campaign had characterized 2021 as the worst year in recent history for anti-L.G.B.T.Q. laws after states passed seven measures banning transgender athletes from sports teams that match their gender identity. So far in 2022, those numbers are already higher.Officials and television commentators on the right have accused opponents of some of those new restrictions of seeking to “sexualize” or “groom” children. Grooming refers to the tactics used by sexual predators to manipulate their victims, but it has become deployed widely on the right to brand gay and transgender people as child molesters, evoking an earlier era of homophobia.Some conservative advocacy groups that poured resources into transgender restrictions insist that they are not focused on challenging the 2015 Supreme Court decision on same-sex marriage. But many L.G.B.T.Q. advocates say they believe their hard-won rights are under attack.“The far right is emboldened in a way they have not been in five decades,” said State Representative Daniel Hernandez Jr. of Arizona, a Democrat and a co-founder of the Legislature’s L.G.B.T.Q. caucus. “In addition to trying to create even more restrictions on abortion, they are going after the L.G.B.T.Q. community even more.”Republicans say the laws focused on transgender youth are not transphobic — as the left sees them — but protect girls’ sports and put the brakes on irreversible medical treatments.In Utah in March, state lawmakers in Salt Lake City listened to a protest against transgender athletes.Samuel Metz/Associated PressThey said the issues have the power to peel away centrist voters, who polling shows are less committed to transgender rights than to same-sex marriage. A Washington Post-University of Maryland survey in May found 55 percent of Americans oppose letting transgender girls compete on girls’ high school teams. In a Gallup poll last year, 51 percent of Americans said changing one’s gender is “morally wrong.”“I believe these are enormous issues for swing voters and moderates,” said Terry Schilling, president of the American Principles Project, a group that opposes civil rights protections for L.G.B.T.Q. people and plans to spend up to $12 million on ads before November.One of the group’s ads goes after Representative Peter Meijer, a Michigan Republican facing a primary challenge next month, for co-sponsoring a House bill that pairs anti-discrimination protections for L.G.B.T.Q. people with exemptions for religious groups. Saying the bill “would put men in girls’ locker rooms,” the ad asks, “Would you trust Meijer with your daughter?”By contrast, Gov. Tom Wolf of Pennsylvania, a Democrat, said “hate has no place” in the state after he vetoed an anti-transgender sports bill. Had it become law, he said, the ban would have “a devastating impact on a vulnerable population already at greater risk of bullying and depression.”A 2022 survey by the Trevor Project, a suicide prevention group, found that nearly one in five transgender or gender-nonconforming young people had attempted suicide in the past year. L.G.B.T.Q. youth who feel accepted in their schools and community reported lower rates of suicide attempts.The surge in transgender restrictions reflects a reversal of fortune for social conservatives from just a few years ago, when a focus on “bathroom bills” produced a backlash. A North Carolina law passed in 2016 requiring people to use public restrooms matching their birth gender contributed to the defeat of the Republican governor who signed it.“It made a lot of folks wary of going after transgender rights,” said Gillian Branstetter, a communications strategist for the A.C.L.U. who is transgender.But that changed with the focus on sports teams and transitioning medicine for minors, she said.On the right, the transgender restrictions have been pushed by advocacy groups that have long opposed L.G.B.T.Q. rights and in some cases consulted in the drafting of legislation. And on the left, the wave of legislation has been used by liberal organizations to mobilize their base, fund-raise and help turn out voters in midterm primaries in a hostile national political climate for Democrats.In Arizona, where Republicans control the Legislature and the governor’s office, a law enacted this year bars trans girls from competing on sports teams aligned with their gender and on transitioning surgery for people under 18.“My colleagues on the right have spent more time demonizing me and the L.G.B.T.Q. community than I’ve ever seen,” said Mr. Hernandez, the state representative, who is running in the Democratic primary for Congress on Aug. 2 in a Tucson-area seat.In the Arizona primary for governor, Ms. Lake, the Trump-endorsed candidate who is leading in some polls, seized on a recent uproar over drag performers — in response to a viral video of children at a Dallas drag show — to demonstrate her sharp shift to the right.“They kicked God out of schools and welcomed the Drag Queens,” Ms. Lake said in a tweet last month. “They took down our Flag and replaced it with a rainbow.” And Republican leaders in the Arizona Legislature, denouncing “sexual perversion,” called for a law barring children from drag shows.Kari Lake, left, at a rally in Tucson. Ms. Lake, the Trump-endorsed candidate for governor in Arizona, has seized on a recent uproar over drag performers.Rebecca Noble/ReutersBut a drag performer in Phoenix, Rick Stevens, accused Ms. Lake, who he said had been a friend for years, of hypocrisy. “I’ve performed for Kari’s birthday, I’ve performed in her home (with children present) and I’ve performed for her at some of the seediest bars in Phoenix,” he wrote on Instagram.Mr. Stevens, who goes by the stage name Barbra Seville, posted photos of the two of them together — one with Ms. Lake next to him while he is dressed in drag, and another when he is in drag and wearing Halloween-style skull makeup while she poses alongside him dressed as Elvis.In a debate, Ms. Lake insisted Mr. Stevens was lying about performing at her home and her campaign threatened to sue him for defamation.In Michigan, meanwhile, Ms. Nessel, the Democratic attorney general, joked at a civil rights conference in June that drag queens “make everything better,” and added, “A drag queen for every school.” In response, Tudor Dixon, a Republican candidate for governor, called this month for legislation letting parents sue school districts that host drag shows, despite there being no evidence that a district had ever done so.“We’re taking the first step today to protecting children,” Ms. Dixon said. 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      The supreme court just overturned Roe v Wade – what happens next?

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      The supreme court just overturned Roe v Wade – what happens next?Court’s move will allow more than half of states to ban abortion, with an immediate impact on tens of millions of Americans01:39The supreme court just overturned the landmark Roe v Wade case, which granted women in the US the right to terminate a pregnancy. A reversal of this magnitude is almost unprecedented, particularly on a case decided nearly 50 years ago.The extraordinarily rare move will allow more than half of states to ban abortion, with an immediate and enduring impact on tens of millions of Americans.Roe v Wade overturned as supreme court strikes down federal right to abortion – liveRead moreWhat happened?The court decided there is no constitutional right to abortion in a case called Dobbs v Jackson Women’s Health Organization. In reaching that decision, the conservative-majority court overturned Roe v Wade, from 1973.Historically, the court has overturned cases to grant more rights. The court has done the opposite here, and its decision will restrict a constitutional right generations of Americans have grown up taking for granted.As a result of the reversal, states will again be permitted to ban or severely restrict abortion, changes that will indelibly alter the national understanding of liberty, self-determination and personal autonomy.Where will this happen?Twenty-six states are expected to do so immediately, or as soon as practicable. This will make abortion illegal across most of the south and midwest.In these states, women and other people who can become pregnant will need to either travel hundreds of miles to reach an abortion provider or self-manage abortions at home through medication or other means.However, anti-abortion laws are not national. The US will have a patchwork of laws, including restrictions and protections, because some Democratic-led states such as California and New York expanded reproductive rights in the run-up to the decision.Even so, new abortion bans will make the US one of just four nations to roll back abortion rights since 1994, and by far the wealthiest and most influential nation to do so. The other three nations to curtail abortion rights are Poland, El Salvador and Nicaragua, according to the Center for Reproductive Rights. More than half (58%) of all US women of reproductive age – or 40 million people – live in states hostile to abortion.When will this happen?Across most states, this will happen quickly. Thirteen states have abortion bans “triggered” by a reversal of Roe v Wade, though the laws vary in their enforcement dates. Louisiana, for example, has a trigger law that is supposed to take effect immediately. Idaho has a trigger ban that goes into effect in 30 days.Other states have abortion bans that pre-date the Roe decision, but have been unenforceable in the last five decades. Michigan has a pre-Roe ban that is currently the subject of a court challenge.A final group of states intends to ban abortion very early in pregnancy, often before women know they are pregnant. One such state is Georgia, where abortion will be banned at six weeks. Several states, such as Texas, have multiple bans in place.In many cases, court challenges under state constitutions are likely, and experts believe there will be chaos for days or weeks as states implement bans.Can the federal government stop this?The most effective protection against state abortion bans is a federal law, which would precede the states. Public opinion favors such statute – 85% of Americans believe abortion should be legal in most or all circumstances.Such a law would need the majority support of the House of Representatives, a 60-vote majority in the Senate, and a signature from Joe Biden to pass. A majority of members of the House of Representatives support an abortion rights statute, as does the White House.However, Republicans are almost certain to block abortion rights laws in the Senate, which is evenly split with Democrats. One Democratic senator, Joe Manchin of West Virginia, has repeatedly crossed party lines to vote against abortion rights. That leaves just 49 Democrats, far short of the support needed to pass such a measure.To overcome the evenly split Senate, Democrats would need to win landslide victories in the upcoming midterm elections. However, despite the fact that popular opinion favors abortion rights, it is unclear how the midterms could be swayed by the issue.And, regardless of the outcome of the next election, Dobbs will forever change life in the US. The lives of individuals will be irrevocably altered as people are denied reproductive healthcare, face long journeys or are forced to give birth.TopicsRoe v WadeUS supreme courtAbortionWomenUS politicsLaw (US)HealthexplainersReuse this content More

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      Advising women on abortions in 1960s New York | Letter

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      Advising women on abortions in 1960s New YorkJenny Wright recalls her time helping women from around the US who wanted abortions that were possible, though illegal I worked for the Abortion Law Reform Association in New York in 1968-69 (US shaken to its core by supreme court draft that would overturn Roe v Wade, 3 May). At that time, abortion was possible – but not legal – up to 12 weeks. My job was to scrutinise the hundreds of letters that poured in after an article in Life magazine that gave advice on obtaining an abortion in New York.I replied to all of them to weed out the women who were more than 12 weeks pregnant and advised them to go the UK. I remember that the majority of the letters were from other states. They were mostly from women who had more children than they could manage. Many were Roman Catholic and their husbands refused to let them use contraception. Very few were teenagers, though the common perception at the time was that only promiscuous young women wanted to use the services.My immediate superiors were arrested for committing a federal offence because we facilitated crossing state lines to commit a crime. I ceased working for them at that time, as I was British and a “registered alien”, and I would have been deported.Jenny WrightDublin, IrelandTopicsAbortionRoe v WadeWomenUS politicsGenderlettersReuse this content More

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      Here’s how Americans can fight back to protect abortion rights | Rebecca Solnit

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      Here’s how Americans can fight back to protect abortion rightsRebecca SolnitA Democratic majority in both houses of Congress could make abortion a right by law, and it’s worth remembering Mexico, Ireland and Argentina are among the countries that recently did so How do you strip away cherished rights? The best strategy is incrementally and undramatically, a death of a thousand cuts. That’s how Republicans were hacking at voting rights until recently, when the rest of us woke up and began to pay attention to the cumulative impact of voter ID laws, the shuttering of polling places, restrictions on voting by mail, and all the rest. Reproductive rights have been under attack for more than 30 years – by rightwing terrorism against abortion providers all through the 1990s and as recently as 2015 in Colorado Springs, but also by a sort of attrition, narrowing down access by shutting clinics, limiting how many weeks pregnant you can be, and other such measures. Overturning Roe v Wade upends all this stealth and incrementalism. Judging by the reaction, it may be exactly the kind of overstep that leads to a backlash. After all, the great majority of Americans support the right to choose.There are many kinds of actions to take in response to this likely overturning of a fundamental right to bodily self-determination and privacy. (And it’s bitterly amusing that a court that wants to set policies reaching into the uteruses of people across the country apparently feels violated by having its own internal workings exposed with this leaked draft opinion.) Direct support for the poor and unfree people who will be the most affected is already under way – and by unfree I mean those who are under the domination of a hostile partner, family, church or community. People have organized to offer travel to clinics for those far from them, access to abortion pills, and other forms of support. But by backlash I mean and am hoping for the kind of backlash Trump’s election and subsequent outrages provoked, the 2018 election that swept the Squad and many other progressives into office and took back the House of Representatives. A Democratic majority in both houses could make abortion a right by law, and it’s worth remembering that Mexico, Ireland and Argentina are among the countries that recently did so.What is striking this time around in the US both about the rightwing agenda and the response is that it is broad enough to build powerful coalitions. The human rights activism of the 1990s was siloed: though the same voters and politicians might support LGBTQ rights and reproductive rights and racial justice, largely separate campaigns were built around each of them, and the common denominators were seldom articulated.This time around – well, as I wrote when the news broke: “First they came for the reproductive rights (Roe v Wade, 1973) and it doesn’t matter if you don’t have a uterus in its ovulatory years, because then they want to come for the marriage rights of same-sex couples (Obergefell v Hodges, 2015), and then the rights of consenting adults of the same gender to have sex with each other (Lawrence v Texas, 2003), and then for the right to birth control (Griswold v Connecticut, 1965). It doesn’t really matter if they’re coming for you, because they’re coming for us.”“Us” these days means pretty much everyone who’s not a straight white Christian man with rightwing politics. They’re building a broad constituency of opposition, and it is up to us to make that their fatal mistake.It’s all connected. If Texas wasn’t suppressing voting rights so effectively, rightwing politicians might not be running the state. If non-Republican turnout can overcome the restrictions, Texas itself – now leading the attacks on abortion rights and trans rights – could elect Beto O’Rourke governor in November and turn Texas Democratic. O’Rourke tweeted today: “If they want states to decide, then we must elect a governor who will protect a woman’s right to abortion.”The right knows that it represents a minority and a shrinking minority as Americans as a whole become more progressive and as the country becomes increasingly non-white. They have made a desperate gamble – to rule via minority power, for the benefit of the few, which is why voter suppression is so crucial a part of their agenda. It cannot be a winning strategy in the long run. But in the short run it can perpetrate immense damage to too many lives and to the climate itself. The revelations should strengthen our resolve to resist by remembering our power and strengthening our alliances, winning elections, and keeping eyes on the prize.
      Rebecca Solnit is a Guardian US columnist. Her most recent books are Recollections of My Nonexistence and Orwell’s Roses
      TopicsUS politicsOpinionAbortionUS supreme courtLaw (US)Roe v WadeGendercommentReuse this content More

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      US shaken to its core by supreme court draft that would overturn Roe v Wade

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      US shaken to its core by supreme court draft that would overturn Roe v Wade Biden condemns abortion opinion that, if handed down, would mean ‘fundamental shift’ in law and imperil many other rights
      US politics – live coverageJoe Biden has warned that a leaked draft supreme court ruling overturning Roe v Wade, the 1973 case which guaranteed the right to abortion, would represent a huge change in America law and could imperil a wide range of other civil rights.As the US supreme court moves to end abortion, is America still a free country? | Moira DoneganRead moreIn a historic moment that shook the US to the core and highlighted jagged social and political divisions, the court confirmed the draft was authentic but said it did not “represent a decision by the court or the final position of any member on the issues in the case”.Biden said the ruling, if handed down, would represent a “fundamental shift in American jurisprudence” and could imperil rights including same-sex marriage and access to contraception.Politico published the draft by justice Samuel Alito on Monday night. The website said the draft was supported by four other rightwingers on a panel conservatives control 6-3.On Tuesday the chief justice, John Roberts, called its leak a “betrayal of the confidences of the court” which could “undermine the integrity of our operations” and promised an investigation.Speaking to reporters, Biden said the draft ruling had ramifications for “all the decisions you make in your private life, who you marry, whether or not you decide to conceive a child, whether or not you can have an abortion and a range of other decisions [including] how you raise your child”.02:52The draft ruling would allow states to declare abortion illegal.Biden asked: “Does this mean that in Florida they can decide to pass a law saying that same-sex marriage is not permissible, [that] it’s against the law in Florida? It’s a fundamental shift in American jurisprudence.”Protesters gathered outside the court and planned demonstrations around the country – both in support of and against abortion rights.At the court, some chanted “Abortion is healthcare” and carried signs reading “Justices get out of my vagina”, “Legal abortion once and for all” and “We won’t go back”. A smaller group chanted “Hey, hey, ho, ho, Roe v Wade has got to go”. Amid tense exchanges, barriers were erected.In a statement, Biden outlined how Democrats might fight back.First, the president said, his administration would argue Roe was based on precedent and “‘the 14th amendment’s concept of personal liberty’… against government interference with intensely personal decisions”.“I believe that a woman’s right to choose is fundamental,” Biden said. “Roe has been the law of the land for almost 50 years, and basic fairness and the stability of our law demand that it not be overturned.”Biden said he had directed advisers to prepare responses “to the continued attack on abortion and reproductive rights, under a variety of possible outcomes”.“We will be ready when any ruling is issued,” he said.Politico said it received a copy of the draft, which also dealt with Planned Parenthood v Casey, a 1992 case, from a person familiar with proceedings in Dobbs v Jackson Women’s Health Organization, a Mississippi case due to be decided this summer.The draft ran to 98 pages including a 31-page appendix of state abortion laws and included 118 footnotes.0Alito wrote: “Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”He added: “We hold that Roe and Casey must be overruled. It is time to heed the constitution and return the issue of abortion to the people’s elected representatives.”As many as 26 states are expected to enact partial or total abortion bans if Roe falls. Some Republican-run states are expected to attempt to make traveling for an abortion illegal. Democratic-run states have indicated moves to protect and help women who seek an abortion.Polling shows clear majority support for abortion access. Christian and conservative groups campaign to end it regardless.If the court overturns Roe, Biden said, “it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose. And it will fall on voters to elect pro-choice officials this November.”Biden promised to sign legislation codifying Roe into law. On Tuesday, the Democratic Senate leader, Chuck Schumer, said: “This is as urgent and real as it gets. We will vote to protect a woman’s right to choose and every American is going to see which side every senator stands.”But legislative success would require reform to the filibuster, a Senate rule which requires 60 votes for most legislation. Moderate Democrats have blocked such moves on issues including voting rights. Biden himself has expressed opposition.Carl Tobias, a law professor at the University of Richmond in Virginia, told the Guardian: “This might not be the final ruling. The justices usually confer after arguments and suggest how they would resolve a case and then the senior justices in the majority and minority work on drafts and circulate them to all members of the court.”He said: “In some cases, especially high-profile and controversial ones … justices do change their positions, as Chief Justice Roberts allegedly did” in a 2012 case in which the Affordable Care Act, popularly known as Obamacare, was upheld.Laurence Tribe, a Harvard law professor, pointed to possible wider implications.“If the Alito opinion savaging Roe and Casey ends up being the opinion of the court,” Tribe wrote, “it will unravel many basic rights beyond abortion and will go further than returning the issue to the states: it will enable a [Republican] Congress to enact a nationwide ban on abortion and contraception.”Other rights that may be at risk if Roe falls include the right to same-sex marriage, determined in Obergefell v Hodges in 2015.Charles Kaiser, a historian of gay life in the US and a Guardian contributor, said Alito’s opinion “blithely disregards past precedents”.“One passage in particular sets off alarm bells for activists who think its reasoning could jeopardize the court’s decisions legalising sodomy and the right of members of the same sex to marry.”In a sharply divided Washington, the supreme court is subject to fierce partisan warfare – particularly since Mitch McConnell, the Republican leader in the Senate, ripped up precedent to deny Barack Obama a third pick in 2016.Republicans confirmed three justices under Donald Trump, including Amy Coney Barrett, a hardline Catholic conservative, just weeks before the 2020 election – a move which ignored McConnell’s own posturing four years before.Biden has overseen the confirmation of Ketanji Brown Jackson, the first Black female justice, but she has not yet replaced the retiring Stephen Breyer, another liberal, in a move that will not change the ideological imbalance.In the aftermath of the Politico story, Democrats pointed to the wider threat posed by the court.Adam Schiff, a California congressman and chair of the House intelligence committee, told the Guardian: “In abandoning decades of precedent, the draft opinion exposes the supreme court as no longer conservative, but now merely a partisan institution bent on imposing its anti-choice views on the rest of the country.“This decision, if made final, will be devastating for the healthcare of millions of women, even as it is destroys any semblance of devotion by the court to the law.”Alexandria Ocasio-Cortez, the New York progressive, said: “[The court] isn’t just coming for abortion – they’re coming for the right to privacy Roe rests on, which includes gay marriage and civil rights.”Abortion to become key fight in US midterms after stunning court leakRead moreRepublicans welcomed the draft ruling and condemned the leak – which the top legal reporter Nina Totenberg called a “bomb at the court”.Josh Hawley, a hardline Missouri senator, called Alito’s draft “tightly argued, and morally powerful” and said of the leak: “The justices mustn’t give in to this attempt to corrupt the process. Stay strong.”Among Republican moderates, Susan Collins of Maine – who under Trump supported the appointments of Neil Gorsuch and Brett Kavanaugh but voted against Barrett – pointed to a possible betrayal.“If this leaked draft opinion is the final decision,” she said, “it would be completely inconsistent with what Justice Gorsuch and Justice Kavanaugh said in their hearings and in our meetings in my office.”Among women’s rights campaigners, condemnation of the Alito draft was strong.Laphonza Butler, president of the advocacy group Emily’s List, said: “It’s past time to vote out every official who stands against the pro-choice majority.”TopicsUS newsAbortionUS supreme courtLaw (US)GenderUS politicsnewsReuse this content More

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      Abortion to become key fight in US midterms after stunning court leak

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      Abortion to become key fight in US midterms after stunning court leakDemocrats condemn supreme court’s draft opinion and urge voters to support them in November to protect reproductive rights The stunning revelation that the US supreme court has privately voted to overturn Roe v Wade immediately thrust one of the most polarizing issues in American life to the forefront of the national political debate, and now abortion rights promises to reshape the dynamics of the coming midterm elections.Biden responds to supreme court abortion leak: ‘Government must protect women’s right to choose’ – liveRead moreThe draft opinion, written by Justice Samuel Alito and obtained by Politico in a highly unusual and possibly unprecedented leak from the nation’s highest court, would strike down Roe, the landmark supreme court decision that has guaranteed access to abortion for nearly half a century, and a subsequent 1992 decision – Planned Parenthood v Casey – that largely upheld that right.“Roe was egregiously wrong from the start,” Alito wrote in the draft opinion labeled “first draft”, which was not expected to be finalized for at least several more weeks and could change in its final form. The question of whether abortion should be legal, Alito argues, is best answered by individual states.In a statement on Tuesday, the supreme court confirmed the authenticity of the draft report but cautioned that it “does not represent a decision by the court or the final position of any member on the issues in the case”.Nevertheless, as the revelation reverberated across Washington, protesters gathered in front of the supreme court on Tuesday morning, shouting loudly enough to be heard by the members of Congress arriving for work at the Capitol. From the White House, Joe Biden urged voters to elect political leaders who would act to protect abortion access and reproductive rights, irrespective of the supreme court’s final decision.“If the court does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose,” Biden said in a statement. “And it will fall on voters to elect pro-choice officials this November. At the federal level, we will need more pro-choice senators and a pro-choice majority in the House to adopt legislation that codifies Roe, which I will work to pass and sign into law.”Strategists were preparing for a decision that either weakened or reversed Roe, but the leak upended the expected timetable and, potentially, the legislative agenda.The Senate majority leader, Chuck Schumer, said he would bring legislation to the floor that would codify abortion access in federal law. But the measure is unlikely to garner the 60 votes needed to pass the Senate. A similar measure passed by the Democratic-controlled House last year does not even have the support of all 50 Democratic senators.“A vote on this legislation is not an abstract exercise. This is as urgent and real as it gets,” Schumer said on the Senate floor on Tuesday. “We will vote to protect a woman’s right to choose and every American is going to see which side every senator stands.”In anticipation of such a ruling by the supreme court, Republican-led states have proposed, and in many cases already passed, a cascade of restrictive anti-abortion laws. Conservative activists are pushing a nationwide ban on abortion if Republicans recapture control of Congress in November, as they are favored to do.In a flurry of statements and fundraising emails, Democrats argued that the erosion of reproductive rights was a reason to support them in the November midterms.“Republicans just gutted Roe v Wade, the Constitution’s guarantee of reproductive freedom, and will ban abortion in all 50 states, if they take over Congress,” the New York congressman Sean Patrick Maloney, the chairman of the Democratic Congressional Campaign Committee, wrote on Twitter. “Only Democrats will protect our freedoms. That is now the central choice in the 2022 election.”Democratic lawmakers and candidates condemned the expected decision, and vowed to protect access to abortion.“As a pro-choice pastor, I’ve always believed that a patient’s room is way too small for a woman, her doctor, and the United States government,” wrote the Georgia senator Raphael Warnock, one of the most vulnerable Democrats up for re-election this cycle. “I’ll always fight to protect a woman’s right to choose. And that will never change.”The Minnesota senator Tina Smith put it more bluntly: “This is bullshit.”Polls have consistently found that most Americans want Roe to remain the law of the land, and the vast majority want abortion to remain legal in at least some cases.A decision overturning Roe would be the culmination of a 50-year project by anti-abortion activists to remake the federal courts by using their political clout to pressure Republicans to appoint and confirm reliably conservative majorities.In 2016, Donald Trump sealed his support among conservative voters by vowing to nominate supreme court justices who opposed abortion. His presidency yielded three conservative justices, all of whom are reportedly in the majority voting to strike down Roe. They also refused to block a novel Texas law that has effectively outlawed abortion in the nation’s second-largest state.But instead of celebrating the draft ruling, Republican lawmakers on Tuesday were almost singularly focused on the leak, expressing outrage over the disclosure that was likely to further undermine faith in the judiciary as an independent branch of government.“Last night’s stunning breach was an attack on the independence of the supreme court,” the Senate minority leader, Mitch McConnell, wrote in a statement. “By every indication, this was yet another escalation in the radical left’s ongoing campaign to bully and intimidate federal judges and substitute mob rule for the rule of law.”Chief Justice John Roberts said in a statement that he had ordered the marshal of the court to open an investigation into the source of the leak. “This was a singular and egregious breach of that trust that is an affront to the court and the community of public servants who work here,” he said.While the nation awaits a final opinion, pro-choice activists are urging supporters to keep making their voices heard.“Let’s be clear: this is a draft opinion. It’s outrageous, it’s unprecedented, but it is not final,” Planned Parenthood wrote on Twitter. “Abortion is your right – and it is STILL LEGAL.”TopicsUS midterm elections 2022US politicsAbortionGendernewsReuse this content More