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    Arizona Democrat says enshrining abortion rights in constitution best remedy to 1864 ban

    Repealing the 1864 near-total abortion ban that Arizona’s state supreme court recently ruled was enforceable would have little effect because “the damage is done”, the Democratic congressman Ruben Gallego said on Sunday.“Any initiative they pass right now wouldn’t even take effect for quite a while,” the US House member and Senate hopeful told NBC News on Sunday, referring to the 90-day delay such a maneuver would undergo before taking effect. He also said a repeal would be vulnerable to being neutralized by future iterations of the state legislature, remarking: “It could just get overturned later by another state house or state senate.”Gallego instead maintained that codifying abortion rights in Arizona’s constitution through a public referendum was the best countermeasure available for the state supreme court decision clearing the way for authorities to enforce a ban with exceptions for medical emergencies – but not for rape or incest.“The only protection we really, really have is to codify this and put this on the ballot and enshrine” the abortion rights once granted federally by the US supreme court’s landmark Roe v Wade decision in 1973, Gallego added. “Protect abortion rights.”His comments came five days after the rightwing court’s ruling allowing enforcement of a ban that pre-dates Arizona’s statehood by nearly five decades.The law has not immediately taken effect but is bound to supersede a separate 15-week abortion ban that the state passed separately.An Arizona state lawmaker quickly moved to repeal the 1864 ban but has so far been blocked from advancing his proposal by fellow Republicans.The ruling in question was made possible thanks to the removal of abortion rights at the federal level in 2022 by a US supreme court counting on three conservative justices appointed during Donald Trump’s presidency.The elimination of federal abortion rights have driven Democratic victories in elections ever since. And confronted with the reality that most in the US support at least some level of abortion access, Republicans who cheered the reversal of Roe v Wade scrambled to distance themselves from the Arizona supreme court’s 9 April ruling.skip past newsletter promotionafter newsletter promotionThat includes Kari Lake, the Republican who in the fall plans to run for the Arizona US Senate seat held at the moment by the independent Kyrsten Sinema.“This total ban on abortion the Arizona supreme court just ruled on is out of line with where the people of this state are,” Lake – who is endorsed by Trump – said in a video on Thursday. “This is such a personal and private issue.”Lake had previously expressed her approval of Arizona’s 1864 abortion ban after the US supreme court eliminated Roe v Wade – and before she lost the state’s 2022 gubernatorial election to her Democratic rival, Katie Hobbs.And Gallego has seized on that change of position, telling MSNBC recently: “Arizonans aren’t dumb. They know that Kari Lake is lying and is willing to say anything she can to win and to hold power, and they will not trust her with this.”Gallego’s campaign has helped a coalition of reproductive rights groups collect signatures aiming to put a referendum on Arizona’s ballot for the November elections proposing to enshrine abortion rights in the state’s constitution.The proposed constitutional amendment would establish a fundamental right to abortions up to about the 24th week of pregnancy, with exceptions to protect lives and physical or mental health of pregnant people.Ballot initiative campaign organizers say they have about 120,000 more signatures than needed to get the issue before voters in November. But that cushion is necessary because those opposed to the campaign have the right to scrutinize and challenge the validity of those signatures.An Iraq war veteran who served with the US marines, Gallego’s first term in the House began in 2015 and he has been representing his current district since early 2023.Both he and Lake are heavily favored to advance out of their respective parties’ Senate primaries in July to run in November for a seat being left vacant by Sinema, who chose to not seek re-election. More

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    For the future of US abortion rights under a second Trump presidency, look to Arizona | Margaret Sullivan

    Sometimes, in 2024 America, you have to pinch yourself to make sure you’re not in a long-running dystopian nightmare. Then again, maybe we all are. And no amount of pinching will help.Two scenes from this week stand out.One, thoroughly bizarre, was on the floor of the Arizona senate, where – led by a Republican state senator, Anthony Kern – a fundamentalist Christian prayer group “spoke in tongues” as they knelt together over the state seal, praying for a civil war-era abortion ban to become law again. Kern and the group got their wish; a day later, the Arizona supreme court ruled to allow the law to go into effect.Kern, naturally, is one of those under investigation for falsely claiming to be an Arizona elector as Donald Trump tried to overturn the 2020 election. He also got an Arizona bill passed allowing the Ten Commandments to be posted and read out loud in the state’s public school classrooms. If you had any lofty notions about the separation of church and state, consider them laid to rest.The other memorable scene was on the Larry Kudlow Show on the Fox Business channel, as three middle-aged white guys kicked around the aforementioned ruling by the Arizona supreme court. That 4-2 decision reinvigorates a 160-year-old law that says virtually all abortions are felonies. On the broadcast, radio host Mark Simone was blithe.“Buying a bus ticket to go somewhere to get it is not the worst thing in the world,” Simone – someone who will never be in that situation and apparently lacks the empathy to imagine it – opined.The bus-ticket solution might not even be an option. If Donald Trump is elected again, a national abortion ban is far from unlikely.Just a day before the Arizona ruling, the former US president came out with his long-promised, supposedly new stance on abortion rights, trying to spin up a moderate position. Declining to address whether he would support a national ban, he merely bragged about his role in the demise of Roe v Wade and suggested that abortion rights would now be up to the states, skipping over the obvious reality that they already are.He also blatantly lied about various things, like how Democrats think it’s fine to execute babies and how the entire spectrum of legal experts agreed that Roe should be overturned.Too many in the mainstream media swallowed this whole, at least in all-important headlines, presenting Trump’s position not only as news but as a politically savvy move toward the center.But something more like the truth was available if you turned your gaze from Washington to Arizona, where, in a matter of days, abortion providers can be sentenced to multiple years in prison for providing medical care.Some saw the meaning clearly.“This decision should serve as a warning for the rest of the country,” wrote lawyers Dahlia Lithwick and Mark Joseph Stern on Slate. “In the hands of a far-right court, a dead, openly misogynistic, wildly unpopular abortion ban can spring back to life with a vengeance.”skip past newsletter promotionafter newsletter promotionHow it all will play out is unclear. Since Roe was overturned, voters have expressed their displeasure. Pro-choice measures have carried the day in state after state, including some bright-red ones like Kentucky and Kansas. Next up is Florida, where voters will decide in November whether to override a six-week abortion ban with one that allows access until 24 weeks.Americans in the rightwing media bubble may not hear much about the Arizona ruling. Fox News gave it a mere 12 minutes on Tuesday (as opposed to two hours across eight shows on CNN), according to Media Matters research, and none of Fox’s big-name opinion hosts addressed it on their evening shows. Apparently, the highest priority is getting the cult leader elected again.The draconian decision in Arizona has the potential to deliver at least one swing state – maybe more – to Joe Biden. As my colleague at Columbia Journalism School, professor Bill Grueskin, quipped Tuesday: “It’s not too early for the Fox News decision desk to call Arizona for Biden.” (Fox famously made that controversial – though accurate – call on election night 2020, much to team Trump’s angry displeasure.)Contradictions abound. Trump, having unleashed the dogs on longstanding abortion rights with his supreme court appointments, is simultaneously taking credit for that, and denying that it could go any further. The rightwing media protects him; the mainstream media lets him portray his position as moderate and somehow consistent with the public’s preferences.As for non-politicians, particularly women of child-bearing age, the reality could get much, much worse.It’s a mess. But that’s life in our national nightmare. Let’s hope enough Americans wake up by November to reverse some of the damage.
    Margaret Sullivan is a Guardian US columnist writing on media, politics and culture More

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    Appeal court judge denies Trump’s third attempt this week to delay hush money trial – live

    The appeals court judge, just moments after the hearing wrapped up in New York this afternoon, has ruled against Donald Trump’s third attempt this week to delay his hush-money criminal trialTrump was denied his attempt to push back his 15 April trial on charges stemming from hush money paid to porn star Stormy Daniels, paving the way for the first-ever criminal trial of a former US president, Reuters reports.During an earlier hearing, Trump lawyer Emil Bove said the trial should be delayed because justice Juan Merchan, who is overseeing the case, has not yet ruled on their request for him to recuse himself.Bove also said Merchan was wrong to deny their request to bar prosecutors from presenting Trump’s tweets during his 2017-2021 presidential term as evidence. Bove said presidential immunity should prevent the prosecutors from presenting those posts as evidence. At the hearing before associate justice Ellen Gesmer at a mid-level state appeals court called the appellate division, Bove said:
    We are scheduled to begin trial under circumstances that will violate President Trump’s rights.
    Steven Wu, a lawyer for Manhattan district attorney Alvin Bragg’s office, said Trump’s lawyers had brought the requests too late, saying:
    There is a powerful public interest in ensuring that this criminal trial go forward.

    An appeals court judge in New York denied Donald Trump’s third attempt in three days to delay his hush-money criminal trial. Trump was denied his attempt to push back the 15 April trial on charges stemming from hush money paid to porn star Stormy Daniels, paving the way for the first-ever criminal trial of a former US president.
    Donald Trump said he believes the Arizona supreme court went too far with its ruling upholding a near-total abortion ban. Asked if he would sign a national abortion ban if elected president in 2024, Trump said: “No.”
    In response, the Biden campaign said Trump “owns the suffering and chaos happening right now” and warned that he has banned abortion “every chance he gets”.
    Asked what he would say to the people of Arizona, Joe Biden said: “Elect me. I’m in the … 21st century, not back then.” Biden also said he is “considering” a request from Australia to end the prosecution of WikiLeaks founder Julian Assange.
    Kamala Harris will visit Arizona on Friday as part of her nationwide reproductive freedoms tour. The White House said Harris would highlight “extremists” in the state who are pushing for abortion bans during her visit.
    Democrats in Florida are teaming up withoperatives from Biden’s re-election campaign in an all-out assault on Republicans’ extremist positions on abortion, believing it will bring victory in presidential and Senate races in November.
    The House voted to block the reauthorization of the Foreign Intelligence Surveillance Act, a high-profile warrantless surveillance program that is now in limbo before a 19 April expiration date.
    House speaker Mike Johnson will meet on Friday with Donald Trump for a press conference on “election integrity” at Trump’s Mar-a-Lago club, a Trump campaign official said. Johnson met with Georgia congresswoman Marjorie Taylor Greene on Wednesday, marking the first time the two have spoken since Greene filed a motion to vacate the speakership late last month. Greene described the meeting as “passionate”.
    The independent presidential candidate Cornel West announced that Melina Abdullah would serve as his running mate, joining the former Harvard professor’s long-shot bid in the US presidential race.
    The Florida governor, Ron DeSantis, told donors and supporters last weekend that he would help raise money for Donald Trump’s presidential campaign, according to multiple reports.
    Donald Trump, the Republican presidential candidate, is accused of covering up a $130,000 hush-money payment his former lawyer Michael Cohen made to porn star Stormy Daniels for her silence before the 2016 election about a sexual encounter she says she had with Trump in 2006, Reuters neatly recaps.Trump has pleaded not guilty to 34 counts of falsifying business records and denies any such encounter with Daniels.Judge Juan Merchan has not yet ruled on Trump’s motion for him to recuse himself. The defense has argued that the judge’s daughter’s work for a political consulting firm with Democratic clients poses a conflict of interest.On Monday, a judge at the appellate division denied Trump’s request to delay the case while he pursues a challenge to the trial being held in heavily Democratic Manhattan.On Tuesday, another judge rejected his bid to pause the trial while he appeals Merchan’s decision to impose a gag order restricting his public statements about potential witnesses, court staff, lawyers and family members of the judge and district attorney Alvin Bragg. Those appeals will still be heard by a full panel.The appeals court judge, just moments after the hearing wrapped up in New York this afternoon, has ruled against Donald Trump’s third attempt this week to delay his hush-money criminal trialTrump was denied his attempt to push back his 15 April trial on charges stemming from hush money paid to porn star Stormy Daniels, paving the way for the first-ever criminal trial of a former US president, Reuters reports.During an earlier hearing, Trump lawyer Emil Bove said the trial should be delayed because justice Juan Merchan, who is overseeing the case, has not yet ruled on their request for him to recuse himself.Bove also said Merchan was wrong to deny their request to bar prosecutors from presenting Trump’s tweets during his 2017-2021 presidential term as evidence. Bove said presidential immunity should prevent the prosecutors from presenting those posts as evidence. At the hearing before associate justice Ellen Gesmer at a mid-level state appeals court called the appellate division, Bove said:
    We are scheduled to begin trial under circumstances that will violate President Trump’s rights.
    Steven Wu, a lawyer for Manhattan district attorney Alvin Bragg’s office, said Trump’s lawyers had brought the requests too late, saying:
    There is a powerful public interest in ensuring that this criminal trial go forward.
    The hearing is over at the appeals court in New York where lawyers for Donald Trump are making the argument for the third time in three days that his hush-money criminal trial should be delayed.Jury selection will begin on Monday, so time is running out for Trump. We await the court’s decision.As colleague Cameron Joseph wrote earlier today, this follows a longstanding pattern of Trump freaking out as major threats approach, and his team responding with frenetic energy.Trump’s team throws everything it can at the wall, while Trump continues his tirade against presiding judge Juan Merchan – while pushing the bounds of the judge’s gag order.To get the latest court developments delivered to your inbox, in the Guardian US’s free Trump on Trial newsletter put together by Cameron, sign up here.And you can read today’s here.Lawyers for Donald Trump have been back in court for almost the last hour trying to stave off the first-ever criminal trial of a former US president, which begins on Monday.In a more technical legal take from NBC, the TV network explains the following:
    The court docket for the state Appellate Division shows Trump’s attorneys filed the challenge as a lawsuit invoking a provision of New York law known as Article 78. Article 78 challenges allow litigants, whether in ongoing litigation or otherwise, to seek relief from allegedly unlawful state or local government action.
    The documents were filed under seal. The Manhattan district attorney’s office, which is prosecuting the case, said it involved Judge Juan Merchan’s refusal to step aside from presiding over the case.
    Trump is a defendant in four criminal cases, two federal and two state. The hush-money case in New York is first up. The Georgia election interference case, the federal election interference case and the federal classified documents case do not have trial dates yet. The presidential election is on 5 November and Trump is the presumptive Republican nominee, prior to his expected anointment at the Republican National Convention this summer.Donald Trump’s lawyers told a New York appeals court judge on Wednesday that the former US president’s 15 April trial should be delayed because the judge has not yet ruled on their motion for him to recuse himself, in his third last-ditch attempt so far this week to delay the case, Reuters reports.The Republican presidential candidate is accused of covering up a $130,000 hush-money payment his former lawyer Michael Cohen made to porn star Stormy Daniels for her silence ahead of the 2016 election about a sexual encounter she says she had with Trump in 2006.Trump has pleaded not guilty to 34 counts of falsifying business records and denies any such encounter with Daniels.On Monday, a judge at a mid-level state appeals court known as the appellate division denied Trump’s request to delay the case while he pursues a challenge to the trial being held in heavily Democratic Manhattan.And on Tuesday, another judge rejected his bid to pause the trial while he appeals Judge Juan Merchan’s decision to impose a gag order restricting his public statements about potential witnesses, court staff, lawyers, and family members of the judge and the Manhattan district attorney, Alvin Bragg.Those appeals will still be heard by a full panel. Jury selection is scheduled to begin in the trial on Monday.The Florida governor, Ron DeSantis, told donors and supporters last weekend that he would help raise money for Donald Trump’s presidential campaign, according to multiple reports.DeSantis, who dropped out of the Republican presidential race in January, told his allies about his plans to help his former rival during a private gathering at the Hard Rock Hotel in south Florida, a DeSantis adviser told NBC News.DeSantis is “committed to helping Trump in any and every way”, said Texas businessman Roy Bailey, who attended the retreat. He said:
    I will follow the governor’s lead and I will do anything that he or President Trump ask me to do to help him win this election.
    A Trump campaign adviser said they were not aware that the Florida governor was going to start raising money for them but added that “everyone should be working towards defeating Joe Biden and electing President Trump”, NBC reported.Joe Biden, during a joint press conference with the Japanese prime minister, Fumio Kishida, at the White House, said Japan’s attempts to set up a leader-to-leader summit with North Korea is “a good thing” as he reiterated his administration’s willingness for its own talks without preconditions.Biden said:
    We welcome the opportunity of our allies to initiate dialogue with the Democratic People’s Republic of Korea. As I’ve said many times, we’re open to dialogue ourselves without preconditions with the DPRK.
    The Biden administration has repeatedly expressed openness to talks with North Korean leader Kim Jong-un, but has never received a response.House speaker Mike Johnson will meet on Friday with Donald Trump for a press conference on “election integrity”, a Trump campaign official said.The press conference is scheduled to take place at Trump’s Mar-a-Lago club, AP reported, citing a source as saying that Johnson and Trump will have a “joint announcement” on Friday.When the supreme court overturned Roe v Wade in 2022, Republicans across the country cheered. Freed from Roe’s regulations, GOP lawmakers promptly blanketed the US south and midwest in near-total abortion bans.But today, after a string of electoral losses, stories of women being denied abortions and polls that confirm abortion bans remain wildly unpopular, the political calculus has changed. Republicans are now trying to slow down the car whose brakes they cut – and to convince voters that, if the car crashes, they had nothing to do with it anyway.Nowhere encapsulates the GOP’s backpedal on abortion better than Arizona, whose state supreme court on Tuesday ruled to let an 1864 near-total abortion ban go into effect. That ban, which outlaws abortion in all cases except to save the life of a woman, was passed before Arizona became a state, before the end of the civil war and before women gained the right to vote.Read the full analysis by the Guardian’s reproductive health and justice reporter: Arizona’s abortion ban is a political nightmare for Republicans in the 2024 electionThe House has voted to block the reauthorization of section 702 of the Foreign Intelligence Surveillance Act, a high-profile warrantless surveillance program that is now in limbo ahead of a 19 April expiration date.House Republicans have been fiercely divided over how to handle the issue, and Wednesday’s vote comes months after a similar process to reform and reauthorize the program fell apart before it even reached the House floor.The law allows the US government to collect the communications of targeted foreigners abroad by compelling service providers to produce copies of messages and internet data, or networks to intercept and turn over phone call and message data.It is controversial because it allows the government to incidentally collect messages and phone data of Americans without a court order if they interacted with the foreign target, even though the law prohibits section 702 from being used by the National Security Agency to specifically target US citizens.Joe Biden was asked what he would say to the people of Arizona following the state supreme court’s ruling to let a law banning almost all abortions in the state go into effect.The president, referring to the 1864 abortion ban which passed when Arizona was still a territory, replied:
    Elect me. I’m in the 20th century … 21st century … not back then. They weren’t even a state.
    From the Washington Post’s JM Rieger:Cornel West’s announcement that Melina Abdullah would serve as his running mate comes as West, an author and leftwing activist, continues his efforts to get on the ballot in every US state.West’s campaign said he had already secured ballot access in Alaska, Oregon, South Carolina and Utah, but some states require a running mate for independent candidates to get on the ballot. As part of his 50-state campaign, West announced in January that he would launch a new political party, called the Justice for All party, to help ease his path to ballot access in some states.West has no path to victory, as national polls show his support languishing in the low single digits. A survey conducted last month by the Marquette Law School found that just 4% of likely US voters named West as their preferred candidate.But West’s presence on the ballot in key battleground states could draw support away from Joe Biden, raising concerns among Democrats that the independent candidate might serve as a spoiler for the incumbent president.According to a Quinnipiac University poll of US voters conducted last month, Biden leads Donald Trump by three points, 48% to 45%, in a head-to-head match-up, but the president’s support dipped down to 38% (compared with Trump’s 39%) when third-party candidates such as West, Robert F Kennedy Jr and Jill Stein of the Green party were listed as options.The independent presidential candidate Cornel West announced on Wednesday that Melina Abdullah would serve as his running mate, joining the former Harvard professor’s long-shot bid in the US presidential race.Abdullah, a professor of Pan-African Studies at California State University, Los Angeles, helped to form the LA chapter of the group Black Lives Matter, and West praised her as “one of the great freedom fighters of her generation”. West told the talkshow host Tavis Smiley on Wednesday”:
    I wanted somebody whose heart, mind and soul is committed to the empowerment of poor and working peoples of all colors. And Melina has a history of longevity, of putting her heart, mind, soul and body in the struggle.
    Abdullah told Smiley that West’s offer took her by surprise, but she quickly accepted because of her belief in his “platform of truth, love and justice”. “How can you not get behind that platform?” Abdullah said.
    So I’ve been following him and had been really enthusiastic about his candidacy and just was excited to be able to share space with him.
    Democrats in Florida are teaming up with operatives from Joe Biden’s re-election campaign in an all-out assault on Republicans’ extremist positions on abortion, believing it will bring victory in presidential and Senate races in November.They fired an opening salvo on Tuesday, tearing into Donald Trump’s “boasting” about overturning federal abortion protections a day earlier, and assailing the incumbent Republican senator Rick Scott for supporting Florida’s six-week ban that takes effect next month.Ron DeSantis, the Republican Florida governor and former candidate for the party’s presidential nomination who signed the ban into law, also found himself under fire.The Florida supreme court ruled last week that the six-week ban will take effect on 1 May, as well as allowing a ballot measure for November that could see voters enshrine the right to the procedure into law.The moves instantly propelled the state to the forefront of the national abortion debate, and allowed Democrats, all but wiped out in Florida in successive national elections, to seize on the issue as vote-winner.Biden’s campaign has released a statement following Trump’s criticism of the Arizona abortion ban, warning that he has previously “[banned] abortion every chance he gets”.A spokesperson for the Biden campaign said that Trump will enact a national abortion ban given his track record, adding that the former president “proudly overturned Roe”.
    Donald Trump owns the suffering and chaos happening right now, including in Arizona, because he proudly overturned Roe – something he called ‘“an incredible thing’” and ‘“pretty amazing’” just today.
    Trump lies constantly – about everything – but has one track record: banning abortion every chance he gets. The guy who wants to be a dictator on day one will use every tool at his disposal to ban abortion nationwide, with or without Congress, and running away from reporters to his private jet like a coward doesn’t change that reality.
    Greene added that Johnson asked if she was “interested” in being apart of a group of advisers for him.Green said:
    I said, ‘I’ll wait and see what his proposal is on that.’ Right now. he does not have my support, and I’m watching what happens with FISA and Ukraine.
    Greene added that she told Johnson he “failed” on the latest government spending dealing and received “a lot of excuses” in return.The House speaker, Mike Johnson, and Congresswoman Marjorie Taylor Greene have concluded their meeting, with varying descriptions on how it went.The meeting, which lasted over an hour, came after Greene filed a motion to vacate the speakership.Greene described the meeting as “passionate”, NBC News reported. When asked if the meeting was “productive”, Greene said:
    He’d have to completely change everything he’s done to be productive.
    Meanwhile, Johnson gave a more diplomatic answer, calling Greene a “friend” even as the two Republicans have differed on “strategy”.
    She’s a colleague. I’ve always considered her a friend … Marjorie and I don’t disagree on philosophy. We’re both conservatives. Sometimes we disagree on strategy.
    From Punchbowl News’ Mica Soellner:Trump also said that he would not sign a national abortion ban if elected president in 2024, ABC News reported.Trump further clarified his position while speaking with reporters on Wednesday.In response to the question of if he would sign an abortion ban, Trump said “no” and shook his head.The latest remarks from Trump come as Democrats have warned that he would authorize an extreme ban if elected, noting how federal abortion rights were overturned due to supreme court judges secured during Trump’s administration. More

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    Republicans want to use an 1873 law to ban abortion. Congress must overturn that law | Moira Donegan

    They don’t need Congress. The anti-abortion movement is preparing to ban abortion nationwide as soon as a Republican takes the White House, and under a bizarre legal theory, they don’t think they even need congressional approval to do it. That’s because anti-choice radicals have begun to argue that an 1873 anti-obscenity law, the Comstock Act, effectively bans the mailing, sale, advertisement or distribution of any drug or implement that can be used to cause an abortion.For a long time, this was a fringe theory, only heard in the corners of the anti-choice movement with the most misogynist zealotry and the flimsiest concerns for reason. After all, the Comstock Act has not been enforced for more than half a century: many of its original provisions, banning contraception, were overturned; other elements, banning pornography and other “obscene” material, have been essentially nullified on free speech grounds.And, for decades, its ban on abortifacients was voided by Roe v Wade. Now that the US supreme court has thrown out the national abortion right, the anti-choice movement is reviving the long-forgotten law, claiming that the Comstock Act – named after a man who hunted down pornographers, threw early feminists in jail and bragged about driving abortion providers to suicide – should still be considered good law.It’s not a solid legal theory, but like a lot of flimsily reasoned, violently sexist and once-fringe arguments, it is now getting a respectful hearing at the supreme court. At last month’s oral arguments in a case regarding the legality of the abortion drug mifepristone, Justices Samuel Alito and Clarence Thomas both mentioned Comstock, implying that someone – perhaps the FDA, perhaps drug companies – was obliged to suppress abortion medication under the law. Comstock was not at issue in the mifepristone case, but the comments from the justices were not really about the case before them. Rather, they were a signal, a message meant for the conservative legal movement: if you bring us a case that seeks to ban abortion under Comstock, the judges were saying, we will vote for it.So it is a bit puzzling why, in an election year that promises to be dominated by outrage over abortion bans and the erosion of women’s rights, Democrats have not done more to convey the dangers of Comstock to the public. Admittedly, the problem is somewhat complicated and obscure, not quite the kind of thing that can fit on a bumper sticker. But voters have shown that they are willing to pay prolonged attention to the abortion issue: the continued political salience of Dobbs almost two years after the decision has proved this.Democrats have an opportunity, this election year, to corner Republicans on an unpopular issue, to make a case to the voters about the uses of giving them continued electoral power, and to articulate a vision for a modern, pluralist and tolerant society in which women can aspire to a meaningfully equal citizenship and in which ordinary citizens are endowed with the privacy and dignity to control their own sexual lives – without interference from the pantingly prurient Republican party.This election cycle, Democrats must take the obvious stand, and do what is right both in terms of politics and in terms of policy: they must call, en masse, for the repeal of the Comstock Act. Anything less would be political malpractice.It’s not as if Comstock is not being thoroughly embraced by the other side. In addition to its revival by the conservative legal movement and anti-choice activists, Comstock has found enthusiastic backers both in conservative thinktanks and among members of Congress. The rightwing Heritage Foundation cited a maximalist approach to Comstock interpretation and enforcement – and the nationwide total abortion ban that would result – as one of their priorities in their “Project 2025”, a policy plan for a coming Trump administration. Meanwhile, in an amicus brief issued to the supreme court in the mifepristone case, 119 Republican representatives and 26 Republican senators asked the court to ban abortion nationwide using Comstock.These conservatives know that their abortion bans are unpopular; they know that voters do not support the overturning of Roe v Wade, and will never vote for the total abortion bans that they aim for. This is precisely why they are seeking to achieve their ends through the judiciary, the one branch of the federal government that is uniquely immune to democratic accountability. And it is why, rather than attempting to ban abortion through the regular legislative process, they are seeking to do so via the revival of a long-forgotten statute, ignoring that Comstock has been void for decades to exploit the fact that it is technically still on the books.To their credit, a few Democratic lawmakers have begun to vocally campaign to overturn Comstock. The first was Cori Bush, of Missouri, who called for the repeal of what she termed the “zombie statute” in the hours after Comstock was mentioned at the court’s mifepristone oral arguments.She was joined days later by Senator Tina Smith, of Minnesota, who wrote in a New York Times op-ed that she wanted to repeal the law and “take away Comstock as a tool to limit reproductive freedom”. Smith says that she is working to form a coalition of Democratic House and Senate members to “build support and see what legislation to repeal the Comstock Act might look like”. Smith says that she wants to wait to see what, if anything, the supreme court says on the matter in its mifepristone decision, expected by the end of June.There is no need to wait. It is unlikely that any bill to repeal Comstock will get the 60 votes needed to pass the Senate; it is impossible that any such bill would make its way through the Republican-controlled House. But this means that Democrats have nothing to lose in waging a political campaign to draw attention to Comstock, and to force their Republican colleagues to take a stand on it. Voters deserve to know what they’re in for if a Republican captures the White House – and they deserve to know what the Republicans on their ballot think about their own rights to dignity, equality, privacy and sexual self-determination.There might be no item on the current political agenda that more aptly symbolizes the Republican worldview than Comstock. Never really workably enforced and long ignored as out of date, Comstock has come to stand in, in the rightwing imagination, for a virtuous, hierarchically ordered past that can be restored in a sexually repressive and tyrannically misogynistic future.This past never existed, not really, but the fantasy of it now has power in many corners of our law: among the reasons given by Samuel Alito in his majority opinion overturning Roe v Wade was his estimation that the right to an abortion was not “deeply rooted in America’s history and traditions”. This grimly nostalgic Republican aim to allow only those freedoms delineated in “history and tradition” would foreclose an America that adapts with time, that allows new forms of freedom to emerge from history.Comstock is a relic, and a relic is what the Republican right wants to turn America into. Democrats have a chance to make a case for it to be something else – something more like a democracy.
    Moira Donegan is a Guardian US columnist More

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    ‘Extreme’ US anti-abortion group ramps up lobbying in Westminster

    A rightwing Christian lobby group that wants abortion to be banned has forged ties with an adviser to the prime minister and is drawing up ­policy briefings for politicians.The UK branch of the US-based Alliance Defending Freedom (ADF) has more than doubled its spending since 2020 and been appointed a stakeholder in a parliamentary group on religious freedoms in a role that grants it direct access to MPs.The ADF’s efforts to boost its UK influence are revealed as part of an Observer analysis that shows a surge in activity within the wider anti-­abortion movement.Ahead of a historic vote on abortion later this spring, in which MPs will vote on a law that would abolish the criminal offence associated with a woman ending her own pregnancy in England and Wales, several anti-abortion campaign groups have expanded their teams, ramped up advertising and coordinated mass letter-writing campaigns targeting MPs.The findings have led to calls for greater transparency and accountability over the groups’ funding and lobbying activities. The ADF in particular is an influential player on the US Christian right and part of a global network of hardline evangelical groups that were a driving force behind the repeal of Roe v Wade – the supreme court ruling that gave women the constitutional right to abortion and was overturned in 2022.The group – which also supports outlawing sexual acts between consenting LGBTQ+ adults and funds US fringe groups attacking gay, trans and abortion rights – has faced claims its funding is not transparent due to its use of donor advised funds: a loophole in US charity law that allows people to give millions anonymously.The latest financial accounts for its UK entity ADF International UK, published last week, show it spent almost £1m in the year to June 2023, up from £392,556 in 2020, and that its income almost doubled between 2022 and 2023, from £553,823 to £1,068,552.ADF International UK, which has argued publicly against decriminalising abortion, has sought to develop closer relationships with MPs. Its latest accounts show a focus of its UK activity has been attempting to engage with “significant decision-makers” and that staff provided “briefing material and legal analysis” to several MPs ahead of a vote on introducing buffer zones to prevent anti-abortion activity outside abortion clinics.In September 2023 it spent £1,737.92 flying the prime minister’s special envoy on freedom of religion and beliefs, Fiona Bruce MP, paying for her hotel and travel to attend an unspecified conference. Last month Bruce – who reports directly to Rishi Sunak – appeared at an event sponsored by ADF International on religious freedom, speaking remotely alongside two members of the charity.Number 10 did not respond to questions about the links between the ADF and Bruce, who declared the donations in the MPs register of interests and previously voted against legalising abortion and same-sex marriage in Northern Ireland. Calls and emails to her office went unanswered late last week.View image in fullscreenHeidi Beirich, co-founder of the Global Project Against Hate and Extremism, said the ADF had “ramped up its spending” in the UK and Europe “aggressively” in recent years and that there was “no transparency” around “where the money’s actually coming from”. She said its relationship with MPs raised “huge concerns”. “Why are politicians openly working with an organisation that has such a hateful agenda?”Rose Whiffen, senior research officer at Transparency International UK, said the donations to Bruce raised questions about conflicts of interest and that her association with the group could give it credibility in the UK.Andrew Copson, chief executive of Humanists UK, said it was “very concerning” that the UK’s envoy on religious freedoms was “accepting donations from organisations that use religious liberty as a way of denying others their human rights”. “The Christian nationalist movement is increasingly investing in the UK on a number of fronts, and all supporters of freedom and choice should take seriously the threat to human rights that this represents,” he said.ADF International UK said it was committed to protecting “liberties dear to the British people” including free speech and freedom of religion, and that its stance on abortion aimed to “protect the lives of both mother and baby in every pregnancy”. “Like much of the British public, we are concerned about political initiatives to further liberalise abortion law,” a spokesperson added.The charity, which has an office in Westminster, said it received funds from many countries, like “many UK charities on both sides of the abortion debate”; that claims it was not transparent about its funders were “baseless” and that it complied with all charity regulations. It did not comment on its link to the PM’s special envoy.View image in fullscreenJonathan Lord, co-chair of the British Society of Abortion Care Providers and a consultant gynaecologist, said: “We’ve known for some time that these extreme groups from America are infiltrating the UK, having been emboldened following the US supreme court’s actions removing women’s right to abortion there. However the scale of their spending and influence in the UK is disturbing, especially as we know they are actively lobbying MPs and want to restrict women’s reproductive rights, whether that is fertility treatment, contraception or access to abortion.”Other anti-abortion groups have also ramped up activity here in recent months. Right to Life, a leading UK anti-abortion charity, has been coordinating a lobbying campaign encouraging people to write to their MPs to tighten abortion laws, and spent £117,000 on Facebook ads in 2023, 10 times the amount in 2020.The charity – whose overall spending overall has risen from £200k in 2019 to £705k last year – also provides the secretariat to the Pro-Life all-party parliamentary group and aims to “deepen and expand relationships with parliamentarians”, according to its latest accounts. It is currently advertising vacancies for eight full-time staff and says in one ad that the role will include “producing briefings” for MPs and peers.The Centre for Bio-Ethical Reform UK – another anti-abortion group, which notoriously launched a billboard campaign featuring graphic images in pro-choice MP Stella Creasy’s constituency – has increased its staff numbers from four to 12 since 2017. Due to its status as a small company, it does not have to publish details of its income but said it was happy to engage in public debate about its “funding, growth and activities” and that its targeting of Creasy “does not equate to animosity towards her as a fellow human being”.MPs are due to vote in the coming weeks on proposed changes to abortion law that would see abortion decriminalised in England and Wales, as it is in Northern Ireland, Australia, France and New Zealand. Under a Victorian-era law that remains in place today, it is an offence to procure your own abortion. There are exemptions under the 1967 Abortion Act, which permits abortion in cases where two doctors agree that continuing the pregnancy would be risky for the physical or mental health of the woman. But the old law was never repealed and is still used today to prosecute and jail women for terminating pregnancies without sign-off from medics or after the 24-week limit.The proposal on decriminalisation from backbench Labour MP Diana Johnson has cross-party support and is expected to pass. However some in the Labour party fear it could be counterproductive and further embolden anti-abortion campaigning on related issues, such as the remote access to abortion that was introduced during the pandemic.A government spokesperson said abortion was an “extremely sensitive issue” with “strongly held views on all sides of the discussion”, and that MPs would have a free vote on the proposed law change. “By longstanding convention, any change to the law in this area would be a matter of conscience for individual MPs rather than the government,” a spokesperson said. More

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    Democrat wins election in conservative Alabama after focus on abortion and IVF

    An Alabama Democrat who campaigned against the state’s near-total abortion ban has won a special election to the state legislature, a stark signal that reproductive rights is a potent issue for Democratic candidates, even in the deep south.Marilyn Lands won the state house seat on Tuesday, defeating Teddy Powell, a Republican, by 63% to 37%. Lands, a licensed professional counselor, previously ran for the seat in 2022 and lost by 7% to David Cole, a Republican who resigned last year after pleading guilty to voter fraud.Lands made Alabama’s abortion ban and access to contraception and in vitro fertilization central to her campaign, speaking openly about her own previous abortion experience in a TV ad that featured her saying that it was “shameful that today women have fewer freedoms than I had two decades ago”.Lands said that her win sent a clear message in the wake of Alabama’s near-total abortion ban, which came into effect after the US supreme court struck down Roe v Wade in 2022. In February, there was also a highly controversial state supreme court decision that threatened the use of IVF.“This is a giant step forward for Alabama, this is a victory tonight for women, for families, for Alabama in general,” Lands told WHNT News 19 in the wake of her win.“It feels like it’s the start of a change here,” she added of the state’s politics. “I think we are ready for something different, we are tired of Alabama being 49th and 50th in all the key metrics. We can do better, we are better and I want to make that happen.”Lands said she would work to overturn Alabama’s abortion law, one of the most stringent in the US, which outlaws abortion at any stage of pregnancy with no exceptions for rape or incest. It is only permitted in situations where the life of the pregnant person is in danger.“Today, Alabama women and families sent a clear message that will be heard in Montgomery and across the nation,” she said in a statement. “Our legislature must repeal Alabama’s no-exceptions abortion ban, fully restore access to IVF, and protect the right to contraception.”The special election does little to tip the balance of power in conservative Alabama, with Republicans holding a commanding 75 to 27 advantage over Democrats in the state house.However, Democrats have hailed the victory as a further sign that restricting access to abortion has proved electorally damaging to Republicans, particularly in the sort of seat contested by Lands. The Democrat won in the state’s 10th district, which comprises parts of Huntsville and Madison, a relatively affluent and educated area of northern Alabama only narrowly carried by Donald Trump in the 2020 presidential election.“This special election is a harbinger of things to come – Republicans across the country have been put on notice that there are consequences to attacks on IVF – from the bluest blue state to the reddest red, voters are choosing to fight for their fundamental freedoms by electing Democrats across the country,” said Heather Williams, president of the Democratic Legislative Campaign Committee, in a statement sent to Politico. More

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    Harris is reaching Democrats where Biden isn’t – on abortion and Gaza

    Standing on the arch of the Edmund Pettus Bridge in Selma, Alabama, to commemorate the 59th anniversary of Bloody Sunday, Kamala Harris said she felt compelled to begin her remarks by addressing the deteriorating humanitarian catastrophe in Gaza.“People in Gaza are starving. The conditions are inhumane. And our common humanity compels us to act,” the vice-president said, then stated: “Given the immense scale of suffering in Gaza, there must be an immediate ceasefire.” Loud, sustained applause followed, before she added, after a pause: “For at least six weeks.”The remarks, the White House was quick to note, echoed Joe Biden’s comments to a reporter days earlier and they reflected the administration’s current efforts to broker a temporary break in Israel’s offensive, to allow for the release of hostages and for desperately needed humanitarian aid to enter the besieged territory. Yet many Americans furious with Biden for his alliance with Israel heard from Harris what they felt has been lacking from the president.There was an urgency to her speech – delivered in the footsteps of civil rights marchers who were trampled, tear-gassed and beaten with whips and billy clubs as they attempted to cross the bridge – that resonated. The setting seemed to acknowledge the youth movement furious with the president that views Palestinian rights as an extension of the racial justice movement. She pointedly criticized Israel for restricting the flow of aid into Gaza and expressed compassion for the Palestinian civilians living amid the rubble on the brink of famine.As the 2024 general election contest begins, Harris has emerged as an emissary to the Democratic voters who have soured on Biden since propelling him to the White House in 2020. Over the last several months, she has embarked on a full-scale national tour to highlight the threats to reproductive rights posed by a second Donald Trump administration – an issue that Biden has been criticized for shying away from. Now, as Harris adopts a more forceful tone on Gaza, she is also becoming a leading voice on Middle East diplomacy.Both issues are poised to play a significant, if not decisive, role in the November general election. Polling shows an erosion of support among core Democratic constituencies amid widespread disillusionment with the economy, concern over Biden’s age and fury on the left at the administration’s handling of the war in Gaza.For Democrats, reminding voters about the threat Republicans still pose to abortion rights may be the best way to energize young people while winning over independents and suburban women. Outrage over Roe was credited with halting the promised “red wave” of Republican victories in the 2022 midterms; abortion-related ballot referendums have also repeatedly triumphed even in traditionally red states like Kansas, Kentucky and Ohio.But Harris has her work cut out for her. Like Biden, Harris has been viewed unfavorably throughout much of her tenure.Antonio Arellano, a spokesperson for NextGen, a national youth-focused nonpartisan voter registration and education program, called the 59-year-old Harris a “liaison” between the administration and the parts of the Democratic base that were critical to Biden’s 2020 victory but hold reservations about him now. With her college campus tour and her reproductive rights tour, he said, Harris has helped elevate issues that are top of mind for young progressives and multiracial voters.“She brings an energy of vigor and excitement to the election that I think young people can really gravitate to when perhaps enthusiasm lacks elsewhere,” Arellano said.Harris leapt into the US abortion wars within a day of the leak of the US supreme court decision overturning Roe v Wade.At a May 2022 speech at a conference for Emilys List, which works to elect Democratic women who support abortion rights, Harris gave a fiery speech where she repeatedly asked: “How dare they?”“How dare they tell a woman what she can and cannot do with her own body?” Harris asked. “How dare they try to stop her from determining her own future? How dare they try to deny women their rights and their freedoms?”Harris had spent the first several months of her vice-presidency frustrated by headlines about her apparent lack of direction, staff departures and unforced errors. Allies and experts have long seen sexism and racism in the public scrutiny of Harris, who is the first woman and the first woman of color to hold nationally elected office. The criticism seemed particularly unfair, they said, given that vice-presidents are historically overlooked.“I’m not saying that there shouldn’t have been any attention paid to management, especially when you see high-profile kinds of departures and hires,” said Andra Gillespie, an associate professor of political science at Emory College. “But I think that there’s still also the question of whether or not people have paid more attention to her, and also whether or not the public has had a more visceral reaction to her because of her race and gender.”But when it came to the fight over reproductive rights, Harris’s gender, race and age and experience as a prosecutor combined to give her the edge of authenticity that Biden lacks on an issue that is increasingly critical to voters. Many of the 16 states that have enacted near-total post-Roe abortion bans do not have exceptions for rape or incest, a state of affairs that Harris has called “immoral”.“As a woman on the ticket and the first woman VP and a woman of color, and then secondly, as an AG, she is strongest when her profile is fighting and prosecuting the case. People really like her in that mode,” said Celinda Lake, a Democratic Party strategist and a lead pollster on the 2020 Biden campaign. “She’s so comfortable saying the word ‘abortion’. She’s so comfortable leaning in and speaking to the repercussions.”Emilys List, which first endorsed Harris 20 years ago when she was elected as San Francisco’s district attorney, has previously committed to spending more than $10m on bolstering Harris in the 2024 elections, according to reporting from Politico; Jessica Mackler, the new president of Emilys List, said that nothing about their plan to support Harris has changed. “Supporting the vice-president is a huge part of our electoral priorities,” Mackler said.Compared to his running mate, Biden’s recent record on abortion is far more spotty. A devout Catholic, Biden has said that he is “not big” on abortion and, in Thursday’s State of the Union address, spoke at length about the procedure without ever referring to it by name. Instead, he talked of the importance of “reproductive freedom” and promised to “restore Roe v Wade as the law of the land”.When it comes to the Israel-Gaza war, Harris has begun to take a more visible role, and it appears that here, too, she may be pushing just beyond Biden’s comfort zone. NBC News reported that the National Security Council toned down parts of Harris’s Selma speech that were “harsher” on Israel. The vice-president’s office denied that her speech had been watered down.On the Monday after her remarks, Harris met with Benny Gantz, a member of Israel’s war cabinet who had traveled to Washington against the wishes of Prime Minister Benjamin Netanyahu. As she walked into the meeting, Harris denied that there was any daylight between her and the president on the conflict.“The president and I have been aligned and consistent from the very beginning,” she said.Many anti-war activists said Harris’s remarks on Gaza were too little, too late. Yet others saw it as a sign of progress – that their pressure campaign was having an impact. Nearly 100,000 Democrats in Michigan voted uncommitted in the primary, which was held just days before her remarks.“They’re feeling the pressure, and we want them to feel that pressure,” said Khalid Omar, who organized on behalf of the “uncommitted” campaign in Minnesota. “We want them to know that this is unacceptable.”Biden and Harris’s first joint campaign event of 2024, a rally in Virginia, was meant to focus on reproductive rights – but it was instead derailed by anger over the conflict in Gaza. After Harris and a Texas woman who had been denied an abortion spoke about the importance of defending the procedure, Biden took the stage. He was almost immediately interrupted by a protester who yelled: “Genocide Joe, how many kids have you killed in Gaza? … Palestine is a feminist issue!”That protester was removed from the auditorium. Another soon cried out: “Israel kills two mothers every hour!”Observers of Harris’s vice-presidency say the recent attention is recognition of the work she has been doing for months – both on domestic and foreign policy issues.“To the extent that she has found her voice, it’s because people are finally listening,” said Donna Brazile, a Harris ally and veteran Democratic strategist who teaches women’s and gender studies at Georgetown University.Last month, Biden dispatched Harris again, this time to the Munich Security Conference, where her mission was to reassure American allies rattled by Trump’s attacks on Nato. There she met with Ukrainian president Volodymyr Zelenskiy and with Yulia Navalnaya, the wife of the Russian opposition leader Alexei Navalny, hours after news broke of her husband’s death in an arctic penal camp.Less than a week later, she was in Grand Rapids, Michigan, for a stop on her reproductive rights tour. While there, she made a surprise stop at the city’s first Black woman-owned vinyl record shop and purchased a Miles Davis album from the owner, who was thrilled by the visit.When the Tennessee legislature expelled two Black lawmakers, the White House sent Harris to Nashville, where she joined them in delivering an impassioned plea for gun control. In December, she traveled to Dubai for a UN climate summit, where she juggled wartime diplomacy – delivering at the time the sharpest commentary of any administration official on Israel’s war in Gaza – with climate policy.“Her vice-presidency has been significant both in terms of her spokesperson role and in terms of a number of significant and highly visible diplomatic assignments that President Biden has given her,” said Joel Goldstein, a historian of the US vice-presidency.There is, however, another reason why scrutiny of Harris may be intensifying: her running mate’s age.If he wins a second term, Biden would turn 86 before leaving office. A New York Times and Siena College survey found that 73% of registered voters believe Biden is “just too old” to be an effective president. The poll was conducted more than two weeks after a special counsel described him as a “well-meaning, elderly man with a poor memory” and “diminished faculties in advancing age.”“The age of both Biden and Trump will focus more attention on the vice-presidential candidates,” Goldstein said.Republicans have sought to leverage concerns about Biden’s mental and physical health against Harris, casting her as an unsteady lieutenant ill-prepared to assume the presidency. In the weeks before dropping out of the Republican presidential primary, Nikki Haley argued that if Trump were to win the party’s nomination, he would lose to Biden, who would be unable to finish a second term, leading to a Harris presidency. The prospect, Haley said, “should send a chill up everyone’s spine”.But Harris is leaning in to her leading role. After the State of the Union, she headed west to Arizona, the next stop on her reproductive rights tour. On Saturday she was scheduled to campaign with Latino organizers in battleground state Nevada.To those who doubt whether the vice-president could step into the presidency, she is blunt.“I’m ready, if necessary,” Harris told NBC News on Friday. “But it’s not going to be necessary.”Rachel Leingang contributed to this report from Minneapolis More

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    Biden calls on Congress to ‘guarantee the right to IVF’ in State of the Union address – video

    Abortion and reproductive rights took centre stage at the 2024 State of the Union, as Joe Biden sought to overcome concerns about his re-election chances by emphasising an issue that has energised voters since the overturning of Roe v Wade.
    The president has largely pinned his re-election hopes on the passions stirred by threats to abortion rights. The demise of Roe v Wade, which was overturned with the help of three justices appointed by Trump, has led more than a dozen states to enact near-total abortion bans More