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Kansans delivered a win for abortion rights in the US on Tuesday night when they voted to continue to protect abortion in the state constitution. A deeply conservative and usually reliably Republican state, Kansas was the first in the US to put abortion rights to a vote since the US supreme court ruled to overturn Roe v Wade in late June
Kansas votes to protect abortion rights in state constitution More
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
Kansas votes to protect abortion rights in state constitutionKansas is the first state to put abortion rights to a vote since the supreme court overturned Roe v Wade Kansans secured a huge win for abortion rights in the US on Tuesday night when they voted to continue to protect abortion in the state constitution.The race was called by a host of US groups like NBC News, the New York Times and Decision Desk HQ.The move will be seen as huge a loss for the anti-abortion movement and a major win for abortion rights advocates across America, who will see the result as a bellwether for popular opinion.Kansas – a deeply conservative and usually reliably Republican state – is the first US state to put abortion rights to a vote since the US supreme court ruled to overturn constitutional protections for abortion in late June.The state will remain a safe haven for abortion in the midwest, as one of the few states in the region where it remains legal to perform the procedure. Many other states have undertaken moves to make abortion largely illegal since June.Joe Biden issued a statement welcoming the result. “This vote makes clear what we know: the majority of Americans agree that women should have access to abortion and should have the right to make their own health care decisions,” the US president said.The Kansas state senator Dinah Sikes, a Democrat, cried as the vote came in, and turned to her friends and colleagues, showing them goosebumps on her arm.“It’s just amazing. It’s breathtaking that women’s voices were heard and we care about women’s health,” she told the Guardian, after admitting she had thought the vote would be close. “But we were close in a lot of rural areas and that really made the difference – I’m just so grateful,” she said.‘I’m not a radical’: Kansas split ahead of critical post-Roe abortion voteRead moreThe “No” campaign – which was protecting abortion rights – was strongly ahead in the referendum with 62% of the vote with the majority of ballots counted. That means millions of dollars lost for the Catholic church who contributed more than $3m trying to eradicate abortion rights in Kansas, according to campaign finance records.Kansans turned out to vote in heavy numbers on Tuesday, in a referendum brought by the Kansas Republican legislature that was criticized for being misleading, fraught with misinformation and voter suppression tactics.After failing to get a more directly named referendum, “Kansas No State Constitutional Right to Abortion”, on the ballot in 2020, Republicans switched tactics, naming this amendment “Value Them Both”.The vote was scheduled for August, when voter turnout is historically low, particularly among independents and Democrats, and the wording on the ballot paper was criticized for being unclear.Why the language on the Kansas abortion ballot is so confusingRead more“The ballot mentions a state constitutional right to abortion funding in Kansas, but that funding has never really been on the table,” Mary Ziegler, a US abortion law expert from the University of California, Davis told the Guardian on Monday.Kansans for Life, one of the main backers for a “yes” vote, told church congregants on 27 July that removing protections for abortion in Kansas would prevent late-term abortions, lack of parental consent and tax payer funding for abortion, despite none of these being the law in Kansas. Abortions in Kansas are limited to 22 weeks in the cases of life threatening or severely compromised physical complications.It was a tense and bitterly fought campaign that saw churches vandalized and yard signs stolen, in a state where the abortion doctor George Tiller was murdered by anti-abortion activists in 2009.But on Tuesday night scenes of jubilation broke out at a watch party for the victorious No campaign in Kansas City. “We’re free!” shouted Mafutari Oneal, 56, who was working at the bar after the vote was called and a rush of drinks orders came in.“I don’t want no government telling me what to do. I’m so happy,” she said.In a speech just after victory was sealed, Rachel Sweet, the campaign manager for Kansans for Constitutional Freedom, said the win had come against all the odds.“We knew it was stacked against us from the moment we started but we did not despair – we did it, and these numbers speak for themselves,” Sweet said.“We knocked tens of thousands of doors and had hundreds of thousands of phone calls … We countered millions of dollars in misinformation,” she said. “We will not tolerate extreme bans on abortion in our state.”Ashley All, the spokesperson for KCF, who led the “No” campaign alongside Planned Parenthood and the ACLU, told the Guardian that the key to driving voter turnout was not seeing abortion as a partisan issue in Kansas.“We demonstrated Kansas’ free state roots,” she said. “It will be interesting for other states to watch this and see this is not a partisan issue. Everyone from Republicans, to unaffiliated voters to hardcore libertarians came out to say: ‘No, we don’t want the government involved in what we do with our bodies’.”TopicsUS newsKansasAbortionUS politicsnewsReuse this content More
Abortion access, Trump’s sway and US democracy hang in balance in primariesKansas, Michigan, Missouri and Washington state vote with Arizona’s ballot being the most closely watched On one of the most consequential nights of this year’s primary season, Donald Trump’s sway in a series of Republican races remained unclear but voters in red-state Kansas resoundingly rejected an amendment aimed at restricting abortion rights.Nancy Pelosi’s visit to Taiwan risks upsetting Beijing to no advantage Read moreTuesday night’s marquee races were in Arizona, where Republicans are on the verge of tapping prominent election deniers to be their nominees in contests for governor, secretary of state and US Senate.In the governor’s race, Trump-backed Kari Lake, a former news anchor who has built her campaign around misinformation about the 2020 election, was trailing Karrin Taylor Robson, a wealthy real-estate developer who is endorsed by Mike Pence and the current Arizona governor, Doug Ducey. The winner will take on Katie Hobbs, Arizona’s current secretary of state, who was projected to win the Democratic gubernatorial nomination.Down the ballot, Mark Finchem, a close ally of Trump who aggressively sought to overturn Arizona’s election results, was on the verge of clinching the GOP nomination to be secretary of state in a four-way primary. Trump has endorsed Finchem in the contest, which typically gets little attention, boosting him to the front of the field.If elected in November, Finchem would wield considerable power over elections in Arizona, including how ballots are counted and there is a loud alarm he could use that power to throw out an election result he doesn’t like, especially given his efforts to overturn the results of the 2020 race.Underscoring how deeply embedded Trump’s election lies are among Republicans in Arizona, the New York Times reported on Tuesday that two politicians involved in the efforts to overturn Biden’s victory in the state worried the scheme could “appear treasonous”.On the Democratic side, Adrian Fontes, the former top election official in Maricopa county, home to Phoenix, is vying for his party’s nomination against Reginald Bolding, the minority leader in the Arizona house of representatives.And in the US Senate race, Blake Masters, who has embraced extreme anti-immigrant positions and is backed by Trump and the tech billionaire Peter Thiel, is the frontrunner to win the GOP nomination. He will face Senator Mark Kelly this fall, who ran unopposed.Meanwhile in Kansas, a state that Trump won by nearly 15 points, voters defeated an amendment that would have paved the way for abortion restrictions and delivered an energizing win for Democrats who face tough odds in the midterms.The resounding win came as a surprise in a deeply conservative state. Republican lawmakers scheduled the vote during the partisan primaries thinking that low Democratic turnout would bolster their anti-abortion cause, but secretary of state Scott Schwab suggested that the massive voter turnout on Tuesday may match the turnout of the 2008 presidential election.The vote is viewed as a litmus test for the future of abortion access across the US. There is also a tight race in western Michigan, where the freshman congressman Peter Meijer is trying to fend off a challenge from John Gibbs, a former Trump administration official. Meijer was one of 10 House Republicans to back Trump’s impeachment and Trump has backed Gibbs in an act of retribution. The Whoever wins the district will be in a competitive race in November. Democrats have faced criticism in recent weeks for trying to boost Gibbs, calculating that the more extreme candidate may be easier to beat in November.Michigan Republicans nominated conservative media commentator Tudor Dixon, who has falsely said Trump won the state in 2020 and earned a late endorsement from the former president. She will take on Michigan governor Gretchen Whitmer in November. Dixon emerged as the party’s nominee after an extremely chaotic primary during which several candidates were disqualified and one was arrested for his involvement in the January 6 insurrection.On the Democratic side, redistricting set two Democratic House incumbents against each other in Michigan. Andy Levin, a former president of his synagogue, was ultimately defeated by Haley Stevens, after pro-Israel Super Pac funded ads attacking the former and amplifying the later. Levin has been critical of Israel’s human rights record.In Washington state, representatives Jaime Herrera Beutler and Dan Newhouse, both of whom voted to impeach Trump, are hoping to survive Trump-backed challengers.In Missouri, Eric Schmitt, the state attorney general, prevailed in a competitive primary for an open US Senate seat. Schmitt trounced the state’s scandal-plagued former governor, Eric Greitens, who was attempting a political comeback. Both vied for Trump’s endorsement – and earned it – when the former president declined to choose between them. Instead Trump issued a statement on Monday announcing that he had endorsed “Eric” but did not specify which one.TopicsUS politicsArizonaKansasWashington stateMissouriMichigannewsReuse this content More
Kansas voters will weigh in on Tuesday on primary contests for governor, Senate and some state legislative offices, as well as a constitutional amendment that would make it possible for state lawmakers to ban abortion.Here is a handy, last-minute guide to Election Day in Kansas.How to voteAre you registered? Check on this page of the Kansas secretary of state website.If you requested to vote by mail, your ballot must be postmarked on or before Election Day and be received by your county election office by the close of business on the Friday after the election. The deadline to request a mail ballot was July 26.Where to voteYou can find your polling site on this page, from the secretary of state’s office.Polling locations will generally be open from 7 a.m. to 7 p.m. local time. (Kansas is mostly on Central time, with a handful of counties on Mountain time.) But state law allows counties to open voting places as early as 6 a.m. and close them as late as 8 p.m., so check with the election officer in your county for the voting hours by you.Here is a list of election officers in each of the state’s 105 counties.What’s on the ballotThe statewide ballot question about abortion could give the state’s Republican-controlled legislature the authority to pass new abortion limits or to outlaw the procedure entirely. It will be the first electoral test of Americans’ attitudes on the issue since the Supreme Court overturned Roe v. Wade.Gov. Laura Kelly, a Democrat who is running for re-election, is facing a primary challenge from Richard Karnowski, who describes himself on his campaign website as “a Professional Political Candidate since 1992.” Ms. Kelly is expected to win her primary handily.Derek Schmidt, the Trump-backed attorney general, is favored to win the Republican primary for governor.Senator Jerry Moran, a Republican who is running for re-election, is expected to win his primary against Joan Farr. Six Democrats are also on the ballot.There are Republican primary contests for attorney general and secretary of state, as well as to challenge Representative Sharice Davids, a Democrat, in the state’s Third Congressional District this fall.Ballotpedia offers a sample ballot tool that voters can use to see a preview of their full ballot. More
On Tuesday, Kansans will decide whether to pass a constitutional amendment that could lead to far-reaching abortion restrictions or an outright ban on the procedure.OLATHE, Kan. — In the final days before Kansans decide whether to remove abortion rights protections from their State Constitution, the politically competitive Kansas City suburbs have become hotbeds of activism.In neighborhoods where yard signs often tout high school sports teams, dueling abortion-related messages now also dot front lawns. A cafe known for its chocolates and cheese pie has become a haven for abortion rights advocates and a source of ire for opponents. Signs have been stolen, a Catholic church was vandalized earlier this month and tension is palpable on the cusp of the first major vote on the abortion issue since Roe v. Wade was overturned in June.“I’m really sad that that happened,” said Leslie Schmitz, 54, of Olathe, speaking of the abortion access landscape. “And mad. Sad and mad.”There may be no greater motivator in modern American politics than anger. And for months, Republican voters enraged by the Biden administration have been explosively energized about this year’s elections. Democrats, meanwhile, have confronted erosion with their base and significant challenges with independent voters.But interviews with more than 40 voters in populous Johnson County, Kan., this week show that after the fall of Roe, Republicans no longer have a monopoly on fury — especially in states where abortion rights are clearly on the ballot and particularly in the battleground suburbs.“I feel pretty strongly about this,” said Chris Price, 46, a political independent who said he voted for Mitt Romney for president in 2012 before backing Democrats when Donald J. Trump was on the ballot. “The candidates that would support an abortion ban, I would not be supporting at all. Period.”Chris Price outside a Johnson County early-voting location in Overland Park, Kan.Chase Castor for The New York TimesNatalie Roberts-Wilner, an early voter, outside her home in Merriam, Kan.Chase Castor for The New York TimesAsked if threats to abortion rights had affected how motivated she felt about engaging in the midterm elections this fall, Natalie Roberts-Wilner, a Democrat from Merriam, Kan., added, “Yes. Yes. Yes. Definitely.”On Tuesday, Kansans will vote on a constitutional amendment that, if it passes, could give the Republican-dominated Legislature the ability to push new abortion restrictions or to outlaw the procedure entirely. Nearby states including Missouri — which is separated from some competitive Kansas suburbs by State Line Road, a thoroughfare dotted with abortion-related yard signs — have already enacted near-total bans.The vote is open to unaffiliated Kansans as well as partisans. And whatever the outcome, activists on both sides caution against drawing sweeping national conclusions from an August ballot question, given complex crosscurrents at play.Read More on Abortion Issues in AmericaA National Pattern: A Times analysis shows that states with abortion bans have among the nation’s weakest social services for women and children.A Doctor Speaks Out: Dr. Caitlin Bernard, who was catapulted into the national spotlight for providing an abortion to a 10-year-old, spoke of the challenges doctors face in post-Roe America.Rifts Among Conservatives: An effort in Indiana to pass an abortion ban has exposed clashing views among Republicans on how to legislate in a post-Roe world.The First Post-Roe Vote: In Kansas, voters will soon decide whether to remove protections of abortion rights from their State Constitution, providing the first electoral test since the end of Roe.The amendment language itself has been criticized as confusing, and in an overwhelmingly Republican state, Democrats and unaffiliated voters are less accustomed to voting on Primary Day. On the other hand, a few voters said they would vote no on the amendment but could back Republicans in November — a sign that some who support abortion rights still weigh other political issues more heavily in elections. And nationally, a Washington Post-Schar School poll released on Friday found that Republicans and abortion opponents were more likely to vote in November.But there is no question that the abortion debate in the state’s most populous county — located in the Third District of Kansas, one of the nation’s most competitive congressional seats — offers the first significant national test of how the issue is resonating in suburban swing territory.Like other highly educated, moderate areas — from suburban Philadelphia to Orange County, Calif. — the Third District is home to a substantial number of center-right voters who, like Mr. Price, were comfortable with Mr. Romney in 2012. But they embraced Democrats in the 2018 midterms, including Gov. Laura Kelly and Representative Sharice Davids, and many have recoiled from Mr. Trump. Whether those voters remain in the Democratic fold this year, with Mr. Trump out of office, has been an open question in American politics. Democrats are betting that outrage over far-reaching abortion restrictions will help the party hang onto at least some of those moderates, despite the extraordinary political headwinds they face. Republicans insist that anger around inflation — and fear of a recession — will crowd out other concerns for a broad swath of voters. (In polls, far more Americans cite inflation or the economy as the biggest problem facing the country than they do abortion.)Silvana Botero, a patron at André’s, in Overland Park, Kan.Chase Castor for The New York TimesMelissa Moore at a voting location in Olathe, Kan.Chase Castor for The New York TimesThe Tuesday vote will offer an early snapshot of attitudes and energy around abortion, if not a definitive predictor of how those voters will behave in the fall.“How much of a motivator is it really?” said Dan Sena, a Democratic strategist who guided the House takeover in 2018, of abortion rights, adding that there had recently been signs of improvement for Democrats in some suburban districts. “How does it actually, when it’s by itself, move women, move portions of the electorate? And this will really give us insight and the opportunity to get an answer to that.”Limited public polling has shown a fairly close if unpredictable race.“It appears that the ‘Yes’ vote still has the lead, but that has narrowed,” said Mike Kuckelman, the chairman of the Kansas Republican Party. Citing the Dobbs v. Jackson Women’s Health Organization decision that handed control over abortion rights to the states, he continued, “A lot of that is because, I think, the Dobbs decision has incited the pro-choice forces to come out.”The Kansas City Star reported on Thursday that there had been an increase, so far, of about 246 percent in early in-person votes compared with during the 2018 midterm primary elections. Several voting stations in both moderate and more conservative parts of Johnson County this week were bustling all day, including in a rainstorm and in the baking heat. And on Friday, Scott Schwab, the Republican secretary of state, predicted that around 36 percent of Kansas voters would participate in the 2022 primary election, slightly up from the primary in 2020. His office said that the constitutional amendment “has increased voter interest in the election.”“I’ve talked to many people that said, ‘I’ve not previously been involved but going to vote,’” Mr. Kuckelman said.Other Republicans said that the abortion amendment and overturning of Roe did not affect their commitment to voting in other races this year — that they have long been highly engaged.“No more energized,” said John Morrill, 58, of Overland Park, who supports the amendment. “I was already very energized.”At the Olathe site, which drew more conservative voters on Thursday, Melissa Moore said she was voting for the amendment because of her deeply held beliefs opposing abortion. “I understand women saying, ‘I need to control my own body,’ but once you have another body in there, that’s their body,” Ms. Moore said. But asked how the intense national focus on abortion affected how she thought about voting, she replied, “I tend to always be energized.”A few others at the early-voting site in Olathe indicated that they were voting against the amendment and were inclined to back Democrats this fall. But they spoke in hushed tones and declined to give full names, citing concerns about professional backlash, in an illustration of how fraught the environment has become.Andre’s Rivaz, a Swiss cafe in Overland Park, Kan., has encouraged patrons to vote.Chase Castor for The New York TimesCloser to the Missouri border, patrons at André’s, an upscale Swiss cafe, felt freer to openly express their opposition to the amendment. The restaurant and shop stoked controversy earlier this summer when employees wore “Vote No” stickers or buttons and encouraged patrons to vote, but several lunchtime visitors made clear that they shared those views.“We just want to make sure people have rights to make choices,” said Silvana Botero, 45, who said that she and a group of about 20 friends were all voting no and that she felt more enthusiastic about voting in November, too.At a voting site nearby, Shelly Schneider, a 66-year-old Republican, was more politically conflicted. Ms. Schneider opposed the amendment but planned to back some Republicans in November. Still, she was open to Ms. Kelly, the Democratic governor, especially if the amendment succeeded. Approval of the amendment, she acknowledged, could open the way for potentially far-reaching action from the Legislature.“I think Laura Kelly is kind of a hedge against anything that might pass,” she said. “She might provide some common sense there.”Mitch Smith contributed reporting. More
Court challenges to sweeping rollbacks of abortion rights must go through state supreme courts, many of which have been shaped by years of conservative activism.WASHINGTON — Fresh from the political thicket of the United States Supreme Court, the struggle over abortion is now moving to venues that are poised to become the next front line in the country’s partisan warfare: state supreme courts.In Florida, seven justices appointed by Republican governors will decide whether the State Constitution’s explicit right to privacy, which protected abortion rights in past rulings, remains a precedent. In Michigan, a court with a 4-3 majority of Democratic nominees has been asked to conclude whether a 91-year-old law banning abortions is constitutional. In Kentucky, a decision on a ban on almost all abortions appears bound to a Supreme Court composed largely of nonpartisan elected justices.In those states and others, the federal reversal of Roe v. Wade tosses one of the nation’s most politically explosive issues into courtrooms that, until recently, had operated mostly beneath the radar of national politics.The increasing political pressure on justices — and the rightward drift of some courts — suggests that options for abortion rights advocates to soften the impact of the federal abortion ruling may be limited. It also reflects how partisan politics is emerging as a driving force in how some justices rule.Abortion rights protesters gathered at the Florida Supreme Court in May.Kenny Hill/USA TODAY NETWORKOver the past decade or so, the national Republican Party and other conservative groups have spent heavily to move both state legislatures and courts rightward. The party’s Judicial Fairness Initiative says it has spent more than $21 million since its formation in 2014 to elect conservatives to state courts, and will spend more than $5 million this year. The Judicial Crisis Network, a conservative advocacy group that has been a principal backer of recent Republican nominees to the U.S. Supreme Court, also has invested money in state supreme court races.The Democratic Party has also poured growing sums of money into court elections, as have allies like labor unions — but not as much, and not for as long, as have Republicans. But the rightward lurch of federal courts increasingly is leading progressives to see state courts as potential bulwarks against more conservative gains, said Joshua A. Douglas, an elections and voting rights scholar at the University of Kentucky.The right’s focus on the courts could pay off handsomely in legal battles over abortion, according to Douglas Keith, an expert on state judicial issues at the Brennan Center for Justice at New York University.Consider Iowa, whose Supreme Court ruled in 2018 that the due process clause in the State Constitution guaranteed a right to abortion. Aided by an advertising campaign financed by the Judicial Crisis Network, the General Assembly then revised the judicial nominee process, handing more control to the governor, Kim Reynolds.Gov. Kim Reynolds has turned the Iowa Supreme Court into a conservative bastion.Nick Rohlman/The Gazette, via Associated PressMs. Reynolds, a Republican, turned the court into a conservative bastion. Last month, a week before the U.S. Supreme Court overturned its ruling in Roe v. Wade, the Iowa justices reversed their own 2018 ruling on abortion.Montana also recognizes a constitutional right to abortion. In the nonpartisan primary election last month for one of its Supreme Court’s seven seats, both the Judicial Fairness Initiative and the state Republican Party spent money to ensure that a candidate endorsed by abortion opponents, James Brown, would oppose an incumbent judge, Ingrid Gustafson, in November. Ms. Gustafson was nominated to the bench in 2017 by the governor at the time, Steve Bullock, a Democrat.The reversal of abortion rights in Iowa “is not the last one we might see,” Mr. Keith said. “The lack of attention that these courts have gotten from the left, comparatively, is going to come home to roost.”From Opinion: The End of Roe v. WadeCommentary by Times Opinion writers and columnists on the Supreme Court’s decision to end the constitutional right to abortion.David N. Hackney, maternal-fetal medicine specialist: The end of Roe “is a tragedy for our patients, many of whom will suffer and some of whom could very well die.”Mara Gay: “Sex is fun. For the puritanical tyrants seeking to control our bodies, that’s a problem.”Elizabeth Spiers: “The notion that rich women will be fine, regardless of what the law says, is probably comforting to some. But it is simply not true.”Katherine Stewart, writer: “Breaking American democracy isn’t an unintended side effect of Christian nationalism. It is the point of the project.”A major test looms in Florida, where the State Constitution’s Bill of Rights declares that “every natural person has the right to be let alone and free from governmental intrusion into the person’s private life.”The Florida Supreme Court previously cited that explicit guarantee of privacy in striking down laws that restricted access to abortion. That precedent now appears endangered.In 2019, the last three justices who had been nominated by a Democratic governor retired. Gov. Ron DeSantis, a Republican who has made opposition to abortion a centerpiece of a possible presidential campaign, replaced them with conservatives.From voting rights to redistricting, the State Supreme Court has ruled reliably in support of conservatives in recent years. Daniel A. Smith, a University of Florida political scientist who watches the court, said he believed that was unlikely to change.“I think the U.S. Supreme Court is sending a signal to justices in state high courts that precedent no longer matters,” he said. Dr. Smith predicted that the constitutional guarantee of privacy “will be whittled away” when the state court makes its abortion ruling.Attorney General Daniel Cameron of Kentucky, a Republican, on Sunday asked the State Supreme Court to issue an emergency order suspending a lower court decision allowing the state’s only abortion provider to remain open. The court denied the request on Tuesday.In elections to the State Supreme Court this fall, State Representative Joseph Fischer, perhaps the Legislature’s leading opponent of abortion, is running to unseat Michelle M. Keller, who was appointed to the court in 2013 by Steve Beshear, a Democrat who was then the governor.State Representative Randy Bridges gave a thumbs down as protesters chanted “bans off our bodies” at the Kentucky State Capitol in April.Ryan C. Hermens/Lexington Herald-Leader, via Associated PressNational political parties and interest groups will focus their money and attention this fall on state supreme courts in four states — Illinois, Michigan, North Carolina and Ohio — where elections could flip the courts’ majority from Democratic to Republican or vice versa. But other states could be in play.Six of seven justices on the Democratic-led Supreme Court in Kansas must stand for retention elections, and some are likely to become targets of Republicans infuriated by the court’s ruling in 2019 that abortion is a constitutional right. Arkansas Republicans are backing a former chairman of the state party against a Democratic incumbent justice in an effort to scrub remaining moderates from the already conservative court.Even more than abortion, the focus on state courts has reflected the politics of redistricting, particularly after a 2019 U.S. Supreme Court ruling that left oversight of partisan gerrymanders to state legislatures and courts. National Republicans say changing state supreme courts is the only way to stop Democrats from gaining power by successfully suing to overturn gerrymandered Republican political maps, a strategy they mockingly call “sue till it’s blue.”“If Republicans and conservatives want to control the redistricting process, then winning control of state legislatures is not enough. You also need to control the supreme courts,” said Andrew Romeo, a spokesman for the Republican State Leadership Committee.Kelly Burton, president of the National Democratic Redistricting Committee, which has backed many of those suits, said the battle was more about stopping a creeping autocracy than about changing political boundaries.“It’s about voting rights cases,” she said. “It’s about fights over access to abortion. And fundamentally, we’re trying to protect these courts as neutral arbiters, while Republicans want to make them less independent and more partisan.”Some justices say they feel caught in the middle as partisan pressures surge.Maureen O’Connor, a Republican who is chief justice of the Ohio Supreme Court, was threatened with impeachment by some in her party this spring after she voted with Democratic justices to strike down political maps gerrymandered by Republicans.To some people, she said, her vote on redistricting “shows integrity and independence and respect for the rule of law and the Constitution. To others, I am a traitor.”Chief Justice Nathan Hecht of the Texas Supreme Court has campaigned for years to scrap the state’s system of partisan elections for judicial positions.Robert Daemmrich Photography Inc/Corbis via Getty ImagesNathan Hecht, the chief justice of the all-Republican Texas Supreme Court, has campaigned for years to scrap the state’s system of partisan elections for judicial positions. “Texas has one of the stupidest systems in the world,” he said, and he worries that growing partisanship will make it even worse.Still, he said he thought there was a good chance that as divisive issues like abortion “devolve down to the states, the states will find ways to reach a middle ground that federal lawmakers have not been able to find.” But he added, “I’m not going to bet on that.”On Friday, the Texas court lifted a lower-court freeze on a 1925 law that bans abortions and holds out the prospect of imprisonment for those who provide them. A full hearing on the law will be held later.Sheelagh McNeill More
WASHINGTON — In Kansas, the Democratic governor has been pushing to slash the state’s grocery sales tax. Last month, New Mexico lawmakers provided $1,000 tax rebates to households hobbled by high gas prices. Legislatures in Iowa, Indiana and Idaho have all cut state income taxes this year.A combination of flush state budget coffers and rapid inflation has lawmakers across the country looking for ways to ease the pain of rising prices, with nearly three dozen states enacting or considering some form of tax relief, according to the Tax Foundation, a right-leaning think tank.The efforts are blurring typical party lines when it comes to tax policy. In many cases, Democrats are joining Republicans in supporting permanently lower taxes or temporary cuts, including for high earners.But while the policies are aimed at helping Americans weather the fastest pace of inflation in 40 years, economists warn that, paradoxically, cutting taxes could exacerbate the very problem lawmakers are trying to address. By putting more money in people’s pockets, policymakers risk further stimulating already rampant consumer demand, pushing prices higher nationally.Jason Furman, an economist at Harvard University who was an economic adviser under the Obama administration, said that the United States economy was producing at full capacity right now and that any additional spending power would only drive up demand and prices. But when it comes to cutting taxes, he acknowledged, the incentives for states do not always appear to be aligned with what is best for the national economy.“I think all these tax cuts in states are adding to inflation,” Mr. Furman said. “The problem is, from any governor’s perspective, a lot of the inflation it is adding is nationwide and a lot of the benefits of the tax cuts are to the states.”States are awash in cash after a faster-than-expected economic rebound in 2021 and a $350 billion infusion of stimulus funds that Congress allocated to states and cities last year. While the Biden administration has restricted states from using relief money to directly subsidize tax cuts, many governments have been able to find budgetary workarounds to do just that without violating the rules.Last week, Gov. Ron DeSantis of Florida signed a $1.2 billion tax cut that was made possible by budget surpluses. The state’s coffers were bolstered by $8.8 billion in federal pandemic relief money. Mr. DeSantis, a Republican, hailed the tax cuts as the largest in the state’s history.“Florida’s economy has consistently outpaced the nation, but we are still fighting against inflationary policies imposed on us by the Biden administration,” he said.Adding to the urgency is the political calendar: Many governors and state legislators face elections in November, and voters have made clear they are concerned about rising prices for gas, food and rent.“It’s very difficult for policymakers to see the inflationary pressures that taxpayers are burdened by right now while sitting on significant cash reserves without some desire to return that,” said Jared Walczak, vice president of state projects with the Center for State Tax Policy at the Tax Foundation. “The challenge for policymakers is that simply cutting checks to taxpayers can feed the inflationary environment rather than offsetting it.”The tax cuts are coming in a variety of forms and sizes. According to the Tax Foundation, which has been tracking proposals this year, some would be phased in, some would be permanent and others would be temporary “holidays.”Next month, New York will suspend some of its state gas taxes through the end of the year, a move that Gov. Kathy Hochul, a Democrat, said would save families and businesses an estimated $585 million.In Pennsylvania, Gov. Tom Wolf, a Democrat, has called for gradually lowering the state’s corporate tax rate to 5 percent from 10 percent — taking a decidedly different stance from many of his political peers in Congress, who have called for raising corporate taxes. Mr. Wolf said in April that the proposal was intended to make Pennsylvania more business friendly.States are acting on a fresh appetite for tax cuts as inflation is running at a 40-year high.OK McCausland for The New York TimesMr. Furman pointed to the budget surpluses as evidence that the $1.9 trillion pandemic relief package handed too much money to local governments. “The problem was there was just too much money for states and localities.”A new report from the Tax Policy Center, a left-leaning think tank, said total state revenues rose by about 17.6 percent last year. State rainy day funds — money that is set aside to cover unexpected costs — have reached “new record levels,” according to the National Association of State Budget Officers.Yet those rosy budget balances may not last if the economy slows, as expected. The Federal Reserve has begun raising interest rates in an attempt to cool economic growth, and there are growing concerns about the potential for another recession. Stocks fell for another session on Monday, with the S&P 500 down 3.2 percent, as investors fretted about a slowdown in global growth, high inflation and other economic woes.Cutting taxes too deeply now could put states on weaker financial footing.The Tax Policy Center said its state tax revenue forecasts for the rest of this year and next year were “alarmingly weak” as states enacted tax cuts and spending plans. Fitch, the credit rating agency, said recently that immediate and permanent tax cuts could be risky in light of evolving economic conditions.“Substantial tax policy changes can negatively affect revenues and lead to long-term structural budget challenges, especially when enacted all at once in an uncertain economic environment,” Fitch said.The state tax cuts are taking place as the Biden administration struggles to respond to rising prices. So far, the White House has resisted calls for a gas tax holiday, though Jen Psaki, the White House press secretary, said in April that President Biden was open to the idea. The administration has responded by primarily trying to ease supply chain logjams that have created shortages of goods and cracking down on price gouging, but taming inflation falls largely to the Fed.The White House declined to assess the merits of states’ cutting taxes but pointed to the administration’s measures to expand fuel supplies and proposals for strengthening supply chains and lowering health and child care costs as evidence that Mr. Biden was taking inflation seriously.“President Biden is taking aggressive action to lower costs for American families and address inflation,” Emilie Simons, a White House spokeswoman, said.The degree to which state tax relief fuels inflation depends in large part on how quickly the moves go into effect.Gov. Laura Kelly backed a bill last month that would phase out the 6.5 percent grocery sales tax in Kansas, lowering it next January and bringing it to zero by 2025. Republicans in the state pushed for the gradual reduction despite calls from Democrats to cut the tax to zero by July.Inflation F.A.Q.Card 1 of 6What is inflation? More
