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      The Long Path to Reclaim Abortion Rights

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      The Supreme Court decision to reverse Roe, far from settling the matter, instead has launched court and political battles across the states likely to go on for years.Attempting to recover from their staggering loss in the Supreme Court, abortion rights groups have mounted a multilevel legal and political attack aimed at blocking and reversing abortion bans in courts and at ballot boxes across the country.In the week since the court overturned Roe v. Wade, litigators for abortion rights groups have rolled out a wave of lawsuits in nearly a dozen states to hold off bans triggered by the court’s decision, with the promise of more suits to come. They are aiming to prove that provisions in state constitutions establish a right to abortion that the Supreme Court’s decision said did not exist in the U.S. Constitution.Advocates of abortion rights are also working to defeat ballot initiatives that would strip away a constitutional right to abortion, and to pass those that would establish one, in states where abortion access is contingent on who controls the governor’s mansion or the state house.And after years of complaints that Democrats neglected state and local elections, Democratic-aligned groups are campaigning to reverse slim Republican majorities in some state legislatures, and to elect abortion rights supporters to positions from county commissioner to state supreme court justices that can have influence over the enforcement of abortion restrictions.“You want all the belt and suspenders that you can have,” said Nancy Northup, president of the Center for Reproductive Rights, which litigated Dobbs v. Jackson Women’s Health Organization, the case the Supreme Court used to overturn Roe. While the Supreme Court said it wanted to end five decades of bitter debate on abortion, its decision has set up a new fight, one that promises to be long and equally bitter.Although abortion rights supporters say their strategy is promising, the path ahead is slow and not at all certain. Polls show that Americans overwhelmingly say that the decision to have an abortion should be made by women and their doctors rather than state legislatures. But Republican-controlled state legislatures have passed hundreds of restrictions on abortion over the last decade, and legislative districts are heavily gerrymandered to protect Republican incumbents. Litigation in state courts will be decided by judges who in many cases have been appointed by anti-abortion governors.Although abortion rights supporters say their strategy is promising, the path ahead is not at all certain.Anna Rose Layden for The New York TimesAbortion rights groups say their cases relying on state constitutions offer a viable path forward to establish Roe-like protections in states. Even in conservative states such as Oklahoma and Mississippi, they see an opportunity to overturn abortion bans and establish a constitutional backstop against further restriction.But in other places, the goal of the litigation is to at least temporarily restore or preserve abortion access, now that the court’s decision stands to make it illegal or effectively so in more than half the states, which include 33.5 million women of childbearing age.In Louisiana, for example, though the state constitution expressly says there is no right to abortion, the legal challenge has allowed three clinics to continue serving women whose plans to end their pregnancies were thrown into disarray by the court’s decision.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.Michelle Goldberg: “The end of Roe v. Wade was foreseen, but in wide swaths of the country, it has still created wrenching and potentially tragic uncertainties.”Spencer Bokat-Lindell: “What exactly does it mean for the Supreme Court to experience a crisis of legitimacy, and is it really in one?”Bonnie Kristian, journalist: “For many backers of former President Donald Trump, Friday’s Supreme Court decision was a long-awaited vindication.” It might also mark the end of his political career.Erika Bachiochi, legal scholar: “It is precisely the unborn child’s state of existential dependence upon its mother, not its autonomy, that makes it especially entitled to care, nurture and legal protection.”“We have to take these things in steps,” said Joanna Wright, a partner at Boies Schiller Flexner who, with the Center for Reproductive Rights, is leading the Louisiana case. “A lot can change in a day, a month and six months. Time will tell the rest, but this is the fight right now.”The Supreme Court’s decision has flipped the dynamic of abortion strategy that has prevailed for the half-century since Roe, when anti-abortion groups chipped away at legal access by electing like-minded state legislators and passing increasingly strict laws, and abortion rights groups could rely on Roe to prevent the most severe bans from taking effect.Now, anti-abortion groups and congressional Republicans discuss federal legislation that would ban abortion across the country after 15 weeks of pregnancy, and abortion rights groups have begun climbing the steeper and narrower path state by state. “Democracy is a collective action,” said Ms. Wright, “and what we’ve seen from the anti-abortion movement is an ability to mobilize all the pieces of that,” which culminated, she added, with the overturning of Roe.By Friday, the groups had temporarily blocked bans from taking effect in Utah, Kentucky, Louisiana, and Florida; judges have set hearings over the next several weeks to consider permanent injunctions. But they lost bids to hold off bans in Ohio and Texas.Anti-abortion groups had argued for decades that the question of abortion should be left up to states, not to unelected judges in Washington. Within hours of the court’s decision, Republican politicians and law enforcement officials announced that bans, once held up in court, were now in effect, and would be prosecuted to the full extent of the law.They decried their opponents’ strategy in the courts.“To say that the State Constitution mandates things like dismemberment abortions, I just don’t think that’s the proper interpretation,” Gov. Ron DeSantis, a Republican, said after Florida’s ruling temporarily blocking a law prohibiting abortion after 15 weeks.The legal challenges argue that the Supreme Court’s decision has thrown abortion providers and patients into chaos, subjecting them to state laws that are often unclear, contradictory or confusing. Women have shown up for appointments only to be told that their pregnancies have now progressed too far to be eligible for abortion under new laws banning abortion after six weeks. In Montana, Planned Parenthood clinics said recently that they would require proof of residency for women seeking abortion pills, because of fears that prosecutors in other states might prosecute anyone who helped their residents get abortions.Abortion rights groups have not given up on hopes of federal action to protect abortion: They are pushing President Biden to use a declaration of a public health emergency to allow the Department of Health and Human Services to authorize out-of-state providers to prescribe and provide abortion pills to women in states where abortion bans have made them illegal.They are also pushing the Senate to suspend its filibuster and pass the Women’s Health Protection Act, which would establish a right to abortion before viability, as was provided in Roe. Mr. Biden reversed himself on Thursday to say that he supported lifting the filibuster, though he also told a group of Democratic governors that there were not enough votes in the Senate to do so.Abortion rights groups have not given up on hopes of federal action to protect abortion, but they have begun pursuing legal and legislative action state by state. Anna Rose Layden for The New York TimesBut by necessity, the groups are focused first on state action.While the Supreme Court’s opinion, written by Justice Samuel Alito, declared that it was returning the regulation of abortion regulation “to the people and their elected representatives,” its decision has delivered the issue to other courts, those in the states.“If the Supreme Court and Justice Alito and the anti-abortion advocates thought this was going to settle the question, they are going to see just how wrong they are,” Anthony Romero, executive director of the American Civil Liberties Union, said in a news conference Friday alongside lawyers and leaders from the Center for Reproductive Rights and Planned Parenthood. “The proliferation of litigation that will embroil the states in our country for years to come is going to underscore that this is not settled in the public’s mind.”The lawsuits argue that state constitutions offer more protection for abortion than the federal constitution, either by quirk of state tradition or history. Some, such as Florida’s, include an explicit right to privacy. In Kentucky, lawyers argue their constitution provides a right to “bodily autonomy” as well as privacy. The Roe decision in 1973 declared that the U.S. Constitution afforded a right to privacy that included a woman’s right to abortion; while the Supreme Court overturned that decision, it generally cannot overturn what states say in their own constitutions.The suit in Utah, one of the most conservative states in the country, seeks to protect abortion under a provision of the state constitution — adopted in 1896 — that provides that “both males and female citizens of this state shall enjoy equally all civil, political and religious rights and privileges.”Largely because of the influence of the Church of Jesus Christ of Latter-day Saints, the constitution also ensures that state residents have the right to plan their own families; the lawsuit argues this includes the right to choose abortion.Even in states where lawsuits have been successful, abortion rights groups say they are playing Whack-a-Mole. In Utah, as soon as the court put a temporary injunction on the state’s trigger law banning abortion, a legislator declared that the state’s law against abortion after 18 weeks, which courts had upheld while Roe was in effect, was now the operative law.“We’re in a chess game and we haven’t gotten checkmate,” said Karrie Galloway, the chief executive of Planned Parenthood in Utah. “We’re doing check, check, check, check. Unfortunately, we’re doing check, check, check with pregnant people and their families’ lives.”In Kansas, a state Supreme Court decision in 2019 found a right to abortion under the constitutional provisions for “equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.” But anti-abortion groups put an initiative on the primary ballot this August that seeks to amend the constitution to explicitly say that it does not include a right to abortion, and that the Legislature has the authority to pass further restrictions.That vote will be the first indication of how much the outrage seen in response to the Supreme Court’s decision translates into support for abortion rights in elections.Historically, voters who oppose abortion have been more driven to vote on the issue than those who support a right to abortion. But polls taken since the leak of a draft of the Supreme Court’s decision in May and the final decision in late June show that those who support abortion rights — largely Democrats — now cite it as one of their top concerns, and that the court’s decision has motivated them more to vote in elections this fall.Vote Pro Choice is attempting to turn out women, especially Black and Latina women, to vote in races including county commissioners, judges and sheriffs, particularly in states such as Texas and Georgia with restrictive abortion laws — positions responsible for enforcing anti-harassment laws outside abortion clinics, and deciding whether to give government money to crisis pregnancy centers, which anti-abortion groups have used to steer women away from abortions.Democrats need to learn from the successes of the anti-abortion groups and Republicans, said Sara Tabatabaie, the group’s chief political officer.“We have been out-raised, out-organized and out-funded for 50 years, and that is across the board,” she said. But she is encouraged by the number of people who say abortion will guide their votes in November: “In moments of tragedy, I am hopeful that there comes solidarity and increased clarity.” More

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      How Rules Fuel Populist Anger in Rural America

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      ROCK HALL, Md. — When Dave Harden decided to run for Congress as a Democrat on Maryland’s conservative Eastern Shore, a friend gave him a piece of free advice.“Democrats lose on three things: abortion, guns and regulations,” the friend said. “If you keep one, you have to give up the other two.”Abortion and gun rights have both inspired passionate activism and countless front-page news articles. Regulations — not so much. Yet nitpicky government rules remain a potent and underappreciated source of populist anger against Democrats, especially in rural areas.On the campaign trail, Mr. Harden has gotten an earful from voters about maddening and arbitrary restrictions: Why are wineries in Maryland limited to serving only 13 kinds of food? Why does a woman who sells her grandmother’s cobbler have to cough up tens of thousands of dollars to build a commercial kitchen? Why does a federal inspector have to be on hand to watch wild catfish get gutted — but not other kinds of seafood? The short answer is that restaurant associations tend to wield more political clout than wineries, and catfish farmers in Mississippi are more powerful than seafood harvesters in Maryland. Big businesses can afford to hire lawyers to help them cut through red tape and lobbyists to bend government rules to their will. Small businesses, especially in rural places, get slammed.Dave Harden campaigning during the annual fireman’s parade in Ocean City.“The claim of overregulation is especially animating on the political right,” Joshua Sewell of Taxpayers for Common Sense told me. He said misleading rumors that the Environmental Protection Agency planned to regulate farm dust or that President Biden’s Build Back Better plan would have taxed belching cows played right into the stereotype of Democrats as city folk who were infuriatingly eager to regulate almost anything in rural America.In 2006, Democrats and Republicans had similar views on government regulation of business: About 40 percent of Republicans said there was too much, compared to about 36 percent of Democrats. But the percentage of Republicans who felt that way climbed steadily under President Barack Obama, who enacted more economically significant rules than his predecessors. By the end of his first term, 84 percent of Republicans thought that government meddled too much in business, while only 22 percent of Democrats agreed, according to Gallup. Democrats were more likely to say that the government doesn’t regulate businesses enough.With business owners more likely to be Republicans and government workers more likely to be Democrats, you have the makings of a yawning partisan divide. Donald Trump campaigned on a promise to remove two rules for every new one that was put in place.Can Democrats flip the script and win over conservative districts, particularly small- business owners in those areas, by speaking out against government red tape? Mr. Harden, a 59-year-old former Foreign Service officer who is running for Congress in Maryland’s First District, is trying. He hopes to replace Andy Harris, the sole Republican in Maryland’s congressional delegation. (Mr. Harris voted to overturn the results of the presidential election in 2020 and reportedly once tried to bring a gun onto the House floor.)Mr. Harden greets Bobby Higgins, the owner of an all-you-can-eat crab house in Ocean City.Crabs are Maryland’s iconic cuisine.Mr. Harden must first win a July 19 primary against Heather Mizeur, a progressive herb farmer who once represented Montgomery County, a much more urban area, in the state legislature. Ms. Mizeur has more money and name recognition than Mr. Harden, but he believes he has a chance because she seems out of step with the conservative district, which is considered a safe Republican seat.Mr. Harden is trying to chart an alternative path for Democrats in rural areas. He’s no fan of Donald Trump. He left a 22-year career in the Foreign Service in 2018 because he didn’t want to serve the Trump administration. But when it comes to regulations, Mr. Harden doesn’t sound all that much different from Mr. Trump.“The regulations in rural economies are ridiculous,” he told me.Mr. Harden is trying to walk a difficult line, appealing to voters who are angry about government overreach without turning off the Democratic base. He says he doesn’t oppose reasonable environmental regulations, but he rails against rules that make it harder for small businesses to survive.It’s a message that comes naturally to him. He spent years trying to improve the business environments in Iraq and the Palestinian territories as a senior U.S.A.I.D. official. He led a program in the West Bank town of Jenin that opened up a border crossing with Israel and prevailed on the Israeli government to allow more Israeli cars into Jenin so that Israeli Arabs could shop there, helping to start an economic revival.Mr. Harden’s campaign manager, Marty Lostrom, on Chris Lingerman’s lawn. Lingerman’s shop, Chester River Seafood, is behind his house.Ford’s Seafood in Rock Hall, Md., is family-owned.Mr. Harden is now trying to bring those lessons home to Maryland, where he grew up. On a recent Saturday, he squinted out at Chesapeake Bay, riffing about how to promote local economic development with Capt. Rob Newberry, the head of the Delmarva Fisheries Association, which represents licensed watermen in the area. Captain Newberry is a Republican who once hung a sign cursing Joe Biden on his boat. But he supports Mr. Harden, who listens patiently to his complaints about regulations.Captain Newberry represents people who harvest crabs, Maryland’s iconic cuisine, from the Chesapeake Bay, and he complains that excessive regulations are putting watermen like him out of business. He contends that the roughly 1,800 fishermen, clammers, crabbers and oystermen in his association are among the most highly regulated workers in the state.Captain Newberry, right, listened as Mr. Harden spoke to Chris Lingerman, the owner of Chester River Seafood, about regulations that hurt watermen.A Maryland blue crab.“When you get halfway to work and you pull up at a stoplight, does a policeman pull you over?” he asked. “When you get into work, does he come in and bother you two or three times and ask you what are you doing, do you have a license? That happens to me every time I go out on the harbor.”Captain Newberry has grievances with people across the political spectrum: with the environmentalists who lobby for more restrictions on the watermen; with the cities and companies responsible for faulty wastewater treatment systems and runoff that pollutes the bay; and with Mr. Harris, the incumbent.He told me that Mr. Harris refused to speak out against a nonsensical regulation that stipulated that catfish had to be treated like meat under federal law. The rule, which advantages catfish farmers in states like Mississippi at the expense of foreign fish farmers and Maryland fishermen, requires federal inspectors to be on site when catfish get gutted, even though there’s little evidence of a risk to public health.The rule is so outrageous that the Government Accountability Office once called for it to be repealed. Yet it remains in place. When the watermen complained to their congressman, Mr. Harris arranged for the government to pay for the inspectors. But inspectors still have to be called in whenever a fisherman brings in catfish for processing. (Mr. Harris’s office said he’s still working on it.)Captain Newberry says he has become disillusioned with the political sausage-making behind government rules. But he still works within the system to try to change them. He testifies before lawmakers and serves on committees, hoping that it will make a difference.On the campaign trail, Mr. Harden has gotten an earful from voters about maddening and arbitrary restrictions.However, those same frustrations have led some other watermen to fall under the sway of the “sovereign citizens” movement, which preaches that the federal and state governments have no right to require licenses for hunting, driving or owning a gun. Some adherents believe that the local sheriff is the only legitimate authority under the Constitution. Beliefs about the illegitimacy of the federal government appeared to be at the root of an armed standoff between federal authorities and cattle ranchers in Nevada in 2014.Maryland’s Eastern Shore hasn’t seen anything like that, Somerset County’s sheriff, Ronald Howard, told me. But he said he has faced mounting pressure to defy state rules and allow watermen to harvest oysters from sanctuaries that have been declared off limits. He refused. “I said, ‘Look, if I interfere, that’s obstruction of my duties; I can be charged criminally,’” he told me. “I had one waterman tell me, ‘That’s a chance you’ve got to take.’”Sheriff Howard doesn’t blame the watermen; he blames the rigid rules made by politicians who rarely take the time to listen to rural people. That’s where Dave Harden sees an opening for himself, however slim.Democrats have to find a way to reconnect with rural America, Mr. Harden told me. Frank talk about regulations is a good place to start.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      New York Fights Back on Guns and Abortion After Supreme Court Rulings

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      Lawmakers passed measures that would prohibit concealed weapons in many public places, as well as an amendment that would initiate the process of enshrining the right to abortion in the state constitution.A week after the Supreme Court issued monumental rulings loosening restrictions on carrying guns and overturning the constitutional right to abortion, New York enacted sweeping measures designed to blunt the decisions’ effects.In an extraordinary session convened by Gov. Kathy Hochul that began Thursday and carried late into Friday evening, the State Legislature adopted a new law placing significant restrictions on the carrying of handguns and passed an amendment that would initiate the process of enshrining the right to abortion in the state constitution.The new legislation illustrates the growing distance between a conservative-led court that has reasserted its influence in American political life and blue states such as New York — one of the most left-leaning in the nation, where all three branches of government are controlled by Democrats and President Biden easily triumphed over Donald J. Trump in 2020.As Republican-led states race rightward, the New York Legislature’s moves this week provided a preview of an intensifying clash between the court and Democratic states that will likely play out for years to come.“We’re not going backwards,” Gov. Kathy Hochul, a Democrat, said at a news conference in Albany on Friday and who later that evening signed the gun bill into law. “They may think they can change our lives with the stroke of a pen, but we have pens, too.”She made remarks on the coming July 4 holiday, asking New Yorkers to remember what was being commemorated: “the founding of a great country that cherished the rights of individuals, freedoms and liberty for all.”“I am standing here to protect freedom and liberty here in the state of New York,” she added.During a special session of the New York State Legislature, lawmakers passed a new bill restricting concealed weapons.Cindy Schultz for The New York TimesThe state’s new gun law bars the carrying of handguns in many public settings such as subways and buses, parks, hospitals, stadiums and day cares. Guns will be off-limits on private property unless the property owner indicates that he or she expressly allows them. At the last minute, lawmakers added Times Square to the list of restricted sites.The law also requires permit applicants to undergo 16 hours of training on the handling of guns and two hours of firing range training, as well as an in-person interview and a written exam. Applicants will also be subject to the scrutiny of local officials, who will retain some discretion in the permitting process.Enshrining the right to abortion in the state’s constitution will be more onerous. Amending the State Constitution is a yearslong process, which starts with passage by the Legislature. Then, after a general election, another session of the Legislature must pass the amendment before it is presented to voters in a ballot referendum.Key Results in New York’s 2022 Primary ElectionsOn June 28, New York held several primaries for statewide office, including for governor and lieutenant governor. Some State Assembly districts also had primaries.Kathy Hochul: With her win in the Democratic, the governor of New York took a crucial step toward winning a full term, fending off a pair of spirited challengers.Antonio Delgado: Ms. Hochul’s second in command and running mate also scored a convincing victory over his nearest Democratic challenger, Ana María Archila.Lee Zeldin: The congressman from Long Island won the Republican primary for governor, advancing to what it’s expected to be a grueling general election.N.Y. State Assembly: Long-tenured incumbents were largely successful in fending off a slate of left-leaning insurgents in the Democratic primary.But lawmakers took a first step on Friday when the legislature passed the Equal Rights Amendment, which along with guaranteeing rights to abortion and access to contraception, prohibited the government from discriminating against anyone based on a list of qualifications including race, ethnicity, national origin, disability or sex — specifically noting sexual orientation, gender identity and expression, and pregnancy on the list of protected conditions.Some of the protected classes in the language of the measure appeared to anticipate future rulings from the court, which also indicated last week that it might overturn cases that established the right to same-sex marriage, same-sex consensual relations and contraception.“We’re playing legislative Whac-a-Mole with the Supreme Court,” said Senator Brad Hoylman, a Manhattan Democrat. “Any time they come up with a bad idea we’ll counter it with legislation at the state level.”“Civil liberties are hanging in the balance,” he added.New York Republicans, who have little sway in either legislative chamber, split over the Equal Rights Amendment, with seven voting in favor and 13 against. But they were united in opposition against the concealed carry bill, saying Democrats had tipped the balance much too heavily in favor of restrictions.“Instead of addressing the root of the problem and holding violent criminals accountable, Albany politicians are preventing law-abiding New Yorkers, who have undergone permit classes, background checks and a licensing process from exercising their constitutional right to keep and bear arms,” said Robert Ortt, the Republican leader in the Senate, who is from Western New York.The session in Albany took place just a week after the Supreme Court — now fully in the control of right-leaning justices, three of whom were appointed by Mr. Trump — moved forward on a pair of issues that have long animated conservatives.Last Thursday, it struck down New York’s century-old law that was among the strictest in the nation in regulating the public carrying of guns. The decision found that the law, which required that applicants demonstrate that they had a heightened need to carry a firearm in public, was too restrictive and allowed local officials too much discretion. The court invited states to update their laws.The following day, the court overturned Roe v. Wade, stripping Americans of the constitutional right to abortion nearly 50 years after it was first granted.New York will be the first of six states directly affected by the gun ruling to pass a new law restricting the carrying of guns. Similar legislation has been proposed in New Jersey, where a top legislative leader said this week it was possible lawmakers could be called back into session this summer to respond.Officials there have coordinated directly with their counterparts in New York, and the two laws are expected to share many features.Lawmakers in Hawaii have also said that they are working on new firearm legislation, while officials in California, Maryland and Massachusetts are discussing how the court’s decision should be addressed in their states.In an interview, Andrea Stewart-Cousins, the Senate majority leader in New York, said that Democratic leaders were adamant that New York “model what state legislatures all over this nation can do to reaffirm the rights of their residents.”The State Senate majority leader, Andrea Stewart-Cousins, center, holds a news conference on Friday during the second day of the special legislative session in Albany.Cindy Schultz for The New York TimesShe defended the new concealed carry restrictions as a common-sense safety measure that balanced Second Amendment interests laid out by the Supreme Court with concerns about legally carrying weapons into sensitive or crowded places, particularly in dense urban areas like New York City already facing a scourge of gun violence.“We didn’t want an open season,” Ms. Stewart-Cousins said. “In the environment that we are in, it is important to make sure that we are creating a process that respects what the Supreme Court has said but allows us to keep New Yorkers as safe as possible.”Republicans disagreed.“If you look at the sensitive areas, it’s the entire state, it’s everywhere,” said State Senator Andrew Lanza, a member of Republican leadership from Staten Island. “So much of New York is now considered a sensitive area for the purpose of this law that there is no such thing as a concealed permit anymore.”Andrew Lanza, center, the deputy minority leader, spoke against the New York State Senate’s gun safety legislation on Friday, saying, “There is no such thing as a concealed permit anymore.”Cindy Schultz for The New York TimesTwo other states, California and Vermont, have also moved closer to placing abortion protections in their constitutions. This week, lawmakers in California advanced a constitutional amendment enshrining the right, and in November, residents of both states will vote on whether to make the amendments law.Republican-led states are charging hard in the other direction. So far, seven have banned abortion since the justices’ decision last week. Another half dozen, including Texas and Tennessee, are expected to quickly follow suit. And voters in states like Kentucky and Kansas will soon decide whether to ban the practice via referendum.By pushing so quickly in New York to respond to both rulings, Ms. Hochul and Democratic legislative leaders have kept the state on a path set by her predecessor, Andrew M. Cuomo, during Mr. Trump’s presidency. Before allegations of sexual misconduct from a number of women led to his resignation, Mr. Cuomo was explicit in juxtaposing his agenda with the priorities of the Republican president, saying in late 2018 that he was declaring New York’s independence.State Senator Michael Gianaris of Queens, the deputy majority leader, said New Yorkers should expect more of the same in the coming years.“The Supreme Court seems intent on destroying this country one decision at a time,” he said in an interview. “Today, we made clear that New York will stand up against this rollback of rights that we’ve come to expect in the United States. You can expect we will continue doing this as the court keeps issuing horrible decisions.”Luis Ferré-Sadurní More

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      The Supreme Court Is the Final Word on Nothing

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      The U.S. Constitution contains several idle provisions: words, phrases and clauses that have little to no bearing on our constitutional order as it currently exists.Let’s start here: Article 3 of the Constitution gives the Supreme Court “original jurisdiction” in all cases affecting “Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party.” That part is obviously in effect, although most cases between states occur in the lower federal courts established by Congress. The Constitution then states that in all other cases, “the Supreme Court shall have appellate jurisdiction.” This, too, is in full effect.But then the Constitution tells us that the court’s appellate jurisdiction is subject to “such Exceptions” and “under such Regulations” as “the Congress shall make.”This is where it gets interesting. The court’s appellate jurisdiction accounts for virtually everything it touches. And the Constitution says that Congress can regulate the nature of that jurisdiction. Congress can strip the court of its ability to hear certain cases, or it can mandate new rules for how the court decides cases where it has appellate jurisdiction. And as I recently mentioned, it can even tell the court that it needs a supermajority of justices to declare a federal law or previous decision unconstitutional.There are real questions about the scope of congressional power to regulate the Supreme Court. If Congress has complete control over the court’s appellate jurisdiction, then there are no real limits as to what it could do to shape and structure the court, threatening the separation of powers. As James Madison said with regard to the Bank Bill of 1791, “An interpretation that destroys the very characteristic of the government cannot be just.”But this is nearly a moot point. The modern Congress has largely relinquished its power to regulate and structure the court. The final clause of Article 3, Section 2 is not quite a dead letter, but it is close.What is a dead letter (and which I’ve also written about before) is the Guarantee Clause of the Constitution, which states thatThe United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.The reason for the clause is straightforward. “The more intimate the nature of such a Union may be,” Madison wrote in Federalist No. 43, “the greater interest have the members in the political institutions of each other; and the greater right to insist that the forms of government under which the compact was entered into, should be substantially maintained.”But neither Congress nor the courts has ever said, with any precision, what it means for the United States to guarantee to every state a “republican form of government.” The most we have is Justice John Marshall Harlan’s famous dissent in Plessy v. Ferguson, in which he condemns “sinister legislation” passed to “interfere with the full enjoyment of the blessings of freedom, to regulate civil rights, common to all citizens, upon the basis of race, and to place in a condition of legal inferiority a large body of American citizens, now constituting a part of the political community.”This, he writes, “is inconsistent with the guarantee given by the Constitution to each State of a republican form of government, and may be stricken down by congressional action, or by the courts in the discharge of their solemn duty to maintain the supreme law of the land.”A Congress that wanted to could, in theory, use the Guarantee Clause to defend the basic rights of citizens against overbearing and tyrannical state governments. It’s been done before. After the Civil War, Radical Republicans in Congress found their constitutional power to reconstruct the South chiefly in the Guarantee Clause, which they used to protect the rights of Black Americans from revanchist state governments.Since Reconstruction, however, no Congress has wanted to use the Guarantee Clause to protect the rights and liberties of Americans. It’s a vestigial part of our constitutional history, atrophied from disuse.The same goes for sections 2 and 3 of the 14th Amendment. Section 2 states that “representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.” It then specifies that if the right to vote for federal office is “denied” or “in any way abridged, except for participation in rebellion” to “any of the male inhabitants” of such a state, then “the basis of representation therein shall be reduced” in proportion to the denial in question.Section 3 also deals with representation. It states thatNo person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof.The purpose of section 2 was to invalidate the Three-Fifths clause of the Constitution and to prevent state governments from disenfranchising Black voters. And the purpose of section 3 was to prevent former Confederate leaders from holding state and federal office. But while the 14th Amendment gives Congress the power to enforce its provisions by “appropriate legislation,” Congress has never exercised its ability to deny representation to states that violate the right of citizens to vote, nor has it used its ability to disqualify those lawmakers who have engaged in acts of rebellion or insurrection. In the wake of Jan. 6, Representatives Cori Bush and Alexandria Ocasio-Cortez called on Congress to investigate and expel members who aided the attack, but their demands went nowhere.It’s here that you can see why I think it’s important to talk about these seemingly idle provisions. As recent events have made clear, powerful reactionaries are waging a successful war against American democracy using the counter-majoritarian institutions of the American political system, cloaking their views in a distorted version of our Constitution, where self-government means minority rule and the bugaboos of right-wing culture warriors are somehow “deeply rooted” in our “history and traditions.”But the Republic is not defenseless. The Constitution gives our elected officials the power to restrain a lawless Supreme Court, protect citizens from the “sinister legislation” of the states, punish those states for depriving their residents of the right to vote and expel insurrectionists from Congress.They are drastic measures that would break the norms of American politics. They might even spark a constitutional crisis over the power and authority of Congress.But let’s not be naïve. The norms of American politics were shattered when Donald Trump organized a conspiracy to subvert the presidential election. They were shattered again when he sent an armed mob of supporters to attack the Capitol and stop Congress from certifying the votes of the Electoral College. And they were shattered one more time in the early hours of the next day, when, even after all that, hundreds of his congressional allies voted to overturn the election.As for the constitutional crisis, it is arguably already here. Both the insurrection and the partisan lawmaking of the Supreme Court have thrown those counter-majoritarian features of the American system into sharp relief. They’ve raised hard questions about the strength and legitimacy of institutions that allow minority rule — and allow it to endure. It is a crisis when the fundamental rights of hundreds of millions of Americans are functionally overturned by an unelected tribunal whose pivotal members owe their seats to a president who won office through the mechanism of the Electoral College, having lost the majority of voters in both of his election campaigns.The ground has shifted. The game has changed. The only question left is whether our leaders have the strength, fortitude and audacity to forge a new path for American democracy — and if they don’t, whether it is finally time for us to find ones who do.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Supreme Court’s Abortion Decision Roils Midterm Elections

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

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

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

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      Jan. 6 Has Surfaced America’s Disdain for Democracy

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      The Jan. 6 hearings have made it clear that Donald Trump led a concerted, monthslong effort to overturn a democratic election. The extensive interviews — over 1,000 — that the House select committee conducted prove that Trump was told there was no evidence of election fraud, but he pressed his anti-democratic case regardless. And it appears that the hearings may be making an impact on public opinion: An ABC News/Ipsos survey released Sunday found that 58 percent of respondents believe Trump should be charged with a crime for his role in the Jan. 6 attack, up from 52 percent in April.But after all the evidence comes to light, will he actually face legal consequences? If the answer is no, then what might future presidents — including, perhaps, Trump himself — be emboldened to do? And what would that mean for the future of the American political system?[You can listen to this episode of “The Ezra Klein Show” on Apple, Spotify, Amazon Music, Google or wherever you get your podcasts.]Jamelle Bouie is a Times Opinion columnist and co-host of the podcast “Unclear and Present Danger.” Bouie brings a remarkable historical depth to his writing about American politics. His columns about Jan. 6 — and the troubling idiosyncrasies of Trump’s presidency before it — have shown how the former president’s illiberal actions have threatened the constitutional foundation of American government. So I asked him on the show to help me process the Jan. 6 hearings with an eye to America’s past, and also to its uncertain future.We discuss why Jan. 6 may be not just an insurrection but “a kind of revolution or, at least, the very beginning of one”; how the anti-democratic nature of the American Constitution makes our system vulnerable to demagogues like Trump; the most important takeaways from the hearings so far; what could happen in 2024 if Trump is allowed to walk free; what Trump allies are already doing to gain power over elections; why refusing to prosecute Trump would itself be a “radical act”; why Republicans have grown increasingly suspicious of — and hostile to — representative democracy; why Bouie thinks prosecuting Trump would be worth the political fallout it would cause; and more.You can listen to our whole conversation by following “The Ezra Klein Show” on Apple, Spotify, Google or wherever you get your podcasts. View a list of book recommendations from our guests here.(A full transcript of the episode will be available midday on the Times website.)The New York Times“The Ezra Klein Show” is produced by Annie Galvin and Rogé Karma; fact-checking by Michelle Harris, Rollin Hu, Mary Marge Locker and Kate Sinclair; mixing and original music by Isaac Jones; audience strategy by Shannon Busta. Our executive producer is Irene Noguchi. Special thanks to Kristin Lin and Kristina Samulewski. More

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      Let’s Have a New Gun Law for Independence Day

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      The Fourth of July is coming, and if all goes well — crossing many fingers — before Congress leaves town to celebrate, the House and Senate will have passed the first substantial gun safety legislation in nearly 30 years.Yeah, the last big reform was in 1994. People were watching the pilot episode of “Friends” on TV, Jeff Bezos was founding Amazon and American kids were hearing about a great new invention called PlayStation.Chris Murphy was in college, just turning 21. “I bought my first beer legally,” he said in a phone interview on Wednesday. Moving onward and upward, Murphy is now a member of the Senate from Connecticut and the lead Democratic negotiator on gun safety legislation.And there’s actually a real bill! Or at least a bipartisan agreement for what ought to be in a bill. Our job for today is to decide how we feel about it. Three choices:A. Awful! They don’t even have a ban on the sale of assault weapons to 18-year-olds.B. Not great! They keep putting all this power in the hands of the states when we all know how crazy some of the states are.C. Hey, they’re actually doing something — stop the negativity! Otherwise, you’ll be the kind of perfectionist nobody wants to be standing next to while grilling holiday hamburgers.Yeah, I think we ought to go with C.“No bill I’ve ever been involved in has been perfect,” said John Feinblatt, the president of Everytown For Gun Safety, who’s certainly been involved in his share. “But look at the big picture. You’ve got bipartisan support for a gun safety bill.”Well, 10 Republican senators publicly signed on, which is exactly the number you need to get past the inevitable filibuster motion. That’s 20 percent of the party’s members.But once again, we need to think positive. Murphy told me that in 2012, when a young gunman with an assault rifle killed 20 small children and six staff members in his district’s Sandy Hook elementary school, only “one single Republican was willing to sit down and talk” about possible legislation — Pat Toomey of Pennsylvania.Ten is better than one. The plan they’ve come up with would make it easier to disarm domestic abusers, provide a lot of new money for community mental health programs and school security, and expand the background checks on gun buyers under 21.“We couldn’t have gotten an agreement on any single one of those items a month ago,” Murphy said.Even Mitch McConnell seems to be coming around. The Senate Republican leader has always been pretty proud of his record on weapons legislation, which it’s fair to summarize as anti-gun safety. But now he’s given his blessing to some sort of reform. Perhaps he’s seen the error of his ways. Perhaps he’s seen the public polls.If something’s going to get done before the Senate goes off on its holiday recess, things have to happen pretty fast in a chamber not known for its speediness. “It took them five weeks to write an infrastructure bill. We have four days,” said Murphy.It’d be nice to see a lawmaker throw himself into a righteous cause and come out a winner, wouldn’t it, people? There’s even been a little talk about Murphy as a possible presidential contender, should Joe Biden decide not to run for re-election. “Nononononono,” the senator responded instantly when asked about the idea.What do you think? All I know is that once we get past this year’s elections, everybody is going to start speculating about 2024, and we really need to collect some post-Biden options. You do not want to be at a holiday party next winter with no names to throw into the debate.But about the gun bill. The first — and let’s face it, easiest — priority is to complain that Washington isn’t rising to the occasion. “It’s not enough,” said Illinois Gov. J.B. Pritzker, after he rather grudgingly acknowledged the new Senate agreement represented some success.You can understand why Illinois is particularly touchy on this issue. At the N.R.A. convention in Houston last month, speakers tried to skip over the mass shooting of Texas schoolchildren days earlier by talking about how many people get gunned down every year in Chicago. Mainly with weapons imported from other states, of course, although that part didn’t really come up.The horror of those murdered children persuaded a lot of politicians to dodge that N.R.A. gathering entirely. Although not Donald Trump, a politician who actually had no idea he had any strong feelings about guns until he noticed how much cheering they got at Republican gatherings. In Houston, Trump helpfully suggested responding to the Uvalde school shooting tragedy by arming teachers.Right now our priority has to be rooting for the gun bill negotiators in Congress to get the job done before everybody goes home. “We’ve got to work through some pretty sticky wickets,” said Murphy.The wickets are, in fact, multitudinous, but at least things are moving along. “Victories beget victories,” insisted Murphy.There’s a lot of territory to cover before we get to anyplace sane on the gun front. To anyplace near where surveys tell us the American people would like to go. But it’d be nice if, on July 4, we could celebrate with more fireworks and less gunfire.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More