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

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      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

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      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

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      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

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      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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      in Elections

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

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      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

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      State of the Union address as it happened: Biden spars with Republicans and announces aid pier for Gaza

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      In his third, and potentially last, State of the Union address, Joe Biden eschewed tradition and delivered a barrage of attacks on Donald Trump – who he only referred to as “my predecessor”. It was a sign of how Biden believes Trump’s potential return to the White House poses an existential risk to American democracy, and perhaps also his awareness that he has a lot of support to rebuild to win a second term in November. While Democrats leapt to their feet for Biden’s promises to protect social security, cut child poverty and overhaul the country’s infrastructure, some found the president’s use of the word “illegal” objectionable. Meanwhile, Alabama’s Republican senator Katie Britt delivered the party’s rebuttal, asking: “Are you better off now than you were three years ago?”Here are the highlights:
      The 81-year-old president directly addressed his age, saying “I’ve been told I’m too old” while arguing he is still up for the job.
      Marjorie Taylor Greene, a rightwing nemesis, got unusually close to Biden, then heckled him during the speech over the murder of Georgia nursing student Laken Riley.
      Six supreme court justices were present at the speech, only for Biden to criticize them directly for overturning Roe v Wade.
      Protesters upset over Biden’s support for Israel’s invasion of Gaza blocked a road leading to the Capitol ahead of the speech.
      George Santos was in the House chamber for the speech, reportedly to hang out with the people who removed him from office.
      Several Democratic House lawmakers have criticized Joe Biden for describing the undocumented migrant suspected of murdering Georgia nursing student Laken Riley as an “illegal”.Biden made the remark during his State of the Union address, while being heckled by rightwing lawmaker Marjorie Taylor Greene, who blamed the president’s border security policies for Riley’s murder. Biden held up a pin with Riley’s name on it, and called her “an innocent young woman who was killed by an illegal”.Democrats took issue with that terminology, including Illinois’s Chuy Garcia:Ilhan Omar of Minnesota:And Delia Ramirez of Illinois:“Just ask yourself, are you better off now than you were three years ago?” Katie Britt asks in the Republican rebuttal to Joe Biden’s State of the Union address.Expect that to be a theme of GOP campaigns nationwide, including Donald Trump’s.More, from Britt:
      Look, we all recall when presidents faced national security threats with strength and resolve. That seems like ancient history right now. Our commander-in-chief is not in command. The free world deserves better than a doddering and diminished leader. America deserves leaders who recognize that secure borders, stable prices, safe streets and a strong defense are actually the cornerstones of a great nation.
      Alabama senator Katie Britt is delivering the Republican rebuttal to Joe Biden’s State of the Union address, and responded to his comments on Laken Riley.“Tonight, President Biden finally said her name, but he refused to take responsibility for his own actions,” said Britt.“Mr President, enough is enough. Innocent Americans are dying and you only have yourself to blame. Fulfill your oath of office, reverse your policies, end this crisis and stop the suffering.”One of the most striking moments of the night happened when Joe Biden addressed the topic of immigration – which polls show is a major weakness of his going into the November contest against Donald Trump.As he spoke, the president was heckled by Marjorie Taylor Greene, a rightwing antagonist. Greene demanded he say the name of Laken Riley, who is suspected to have been murdered by an undocumented migrant.Biden, who usually wants nothing to do with Greene, took her up on the offer. Here’s what happened:During Joe Biden’s speech, there were several rowdy heckles from Marjorie Taylor Greene and others. Then came an unexpected yell from the public balcony, directly opposite from where I am sitting in the press gallery.A man wearing dark suit, blue shirt and yellow tie cupped his hands and shouted: “Remember Abbey Gate! United States Marines.” Abbey Gate, outside Kabul’s airport, is where 13 US service members were killed during the withdrawal from Afghanistan two years ago.His point made, the man voluntarily left before security yanked him out. Biden did not seem thrown off by the interruption as he carried on speaking. But the episode was a reminder that his approval rating has never quite recovered from the chaos in Kabul.Joe Biden rarely discusses his age, but did so directly as he closed his State of the Union address.“I’ve been told I’m too old,” he said, continuing:
      Whether young or old … I’ve always known what endures. I’ve known our north star, the very idea of Americans, that we’re all created equal, deserve to be treated equally throughout our lives. We’ve never fully lived up to that idea. We’ve never walked away from it either. And I won’t walk away from it now.
      “I know it may not look like it, but I’ve been around a while,” said the 81-year-old president, the oldest to ever hold the job.“You get to be my age, certain things become clearer than ever,” Biden continued. “I know the American story. Again and again, I’ve seen the contrast between competing forces in the battle for the soul of our nation, between those who want to pull America back to the past and those who want to move America into the future.”Biden appears to be wrapping up, in high spirits.“Let me close with this,” he said, to sardonic applause.“I know you don’t want to hear any more, Lindsey. But I gotta say a few more things,” Biden said. He was presumably talking to South Carolina Republican senator Lindsey Graham.As Joe Biden discussed the war in Gaza, two progressive House Democrats sitting in the audience staged a minor protest.Rashida Tlaib and Cori Bush remained sitting and held up signs that read: “Lasting ceasefire now.” More

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      State of the Union guest list shows reproductive rights in spotlight after Alabama IVF bill signed into law – live

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      Becerra’s comments come ahead of Joe Biden addressing the nation in the State of the Union on Thursday night. Although the White House has not released the speech, a large number of Democratic guests suggest reproductive rights may feature heavily.Among the guests of high-ranking Democrats are Elizabeth Carr, the first person in the US to be born via IVF; Amanda Zurawski, a Texas woman who nearly died of septic shock when she was denied a medically necessary abortion; and Kate Cox, who had to flee Texas for an abortion after she learned her fetus had a fatal chromosomal condition.More guests include reproductive endocrinologists, an Indiana doctor who provided an abortion to a 10-year-old rape victim, and leaders of reproductive rights groups.Becerra’s comments emphasizing the importance of reproductive rights, Democrats’ guest list for the State of the Union and a recent administration officials’ trips to states with abortion restrictions are the most recent evidence of Democrat’s election bet: that when Republicans married the motivated minority of voters who support the anti-abortion movement, they also divorced themselves from the broader American public, broad margins of whom support IVF, contraception and legal abortion.My colleague Chris Stein will be covering Joe Biden’s State of the Union address this evening on our dedicated live blog. In the meantime, here’s a recap of today’s developments:
      LaTorya Beasley, an Alabama mother who saw a second round of IVF canceled after the state supreme court ruled that embryos were children, and Kate Cox, the Texas mother forced to travel outside her state for an abortion, are among those set to attend Joe Biden’s State of the Union address tonight, as guests of the first lady, Jill Biden.
      Joe Biden will announce in the State of the Union speech that US forces will build a temporary port on the Gaza shoreline in the next few weeks to allow delivery of humanitarian aid on a large scale.
      Biden welcomed Sweden into Nato in a statement after the country officially became the 32nd member of the western military alliance. The Swedish prime minister, Ulf Kristersson, will be attending the State of the Union address tonight.
      Katie Boyd Britt, a first-term 42-year-old Republican senator from Alabama, will deliver the GOP’s official response to Biden’s State of the Union address tonight – a move likely designed to highlight the big age gap between the two.
      Byron Donalds, a Republican Florida congressman being floated as a possible vice presidential pick for Donald Trump, suggested he would be willing to decline to certify the 2028 election results if he was vice president.
      No Labels, the third-party presidential movement, will reportedly to announce on Friday that it will move forward with a presidential bid in the November election.
      Joe Biden’s re-election campaign described a new ad from a pro-Trump Super Pac questioning whether Biden can “even survive til 2029” as “a sick and deranged stunt”.
      Larry Hogan, the Republican former governor of Maryland who is running for Senate, has said he would not vote for Donald Trump in the November election.
      Daniel Rodimer, a former pro wrestler who won a prominent endorsement from Donald Trump while unsuccessfully running for Congress in Nevada, surrendered to authorities on Wednesday on an arrest warrant for murder.
      Republican Florida congressman Byron Donalds became the latest vice-presidential contender to refuse to commit to certifying election results.Donalds, at an Axios event, suggested he would be willing to decline to certify the 2028 election results if he was vice president. He also did not clarify if he would have certified the 2020 election results.Donalds is one of the names being floated as a possible vice presidential pick for Donald Trump. When asked if he would certify the 2028 results as vice president, he replied:
      If you have state officials who are violating the election law in their states … then no, I would not.
      Asked if he agreed with former vice-president Mike Pence’s move to certify the results, Donalds said: “You can only ask that question of Mike Pence.”Republicans have chosen Katie Boyd Britt, a first-term senator from Alabama, to deliver the party’s official response to Joe Biden’s State of the Union address tonight – a move likely designed to highlight the big age gap between the two.Britt, 42, is one of nine women in the Senate Republican conference and the youngest female Republican elected to the Senate.In a statement announcing her speech, she said it was time for the next generation of American politicians “to step up”. She added:
      The Republican Party is the party of hardworking parents and families, and I’m looking forward to putting this critical perspective front and center.
      Senate Republicans say she will offer a split screen of sorts when she delivers the party’s rebuttal to the State of the Union address by Biden, 81.“She’s young, female and full of energy – opposite of everything Joe Biden is,” senator Markwayne Mullin told the Hill. “The contrast between the two, it’s so different.”The third-party presidential movement No Labels is expected to announce it will move forward with a presidential bid in the November election, according to multiple reports.About 800 No Labels delegates are expected to meet virtually in a private meeting and vote on Friday in favor of launching a presidential campaign for this fall’s election, sources told AP and Reuters.The group will not name its presidential and vice presidential picks on Friday, but instead it is expected to roll out a formal selection process late next week for potential candidates who would be selected in the coming weeks, the people said.The House passed a bill that would require federal authorities to detain any migrant charged with theft or burglary, named after a Georgia nursing student police have said was killed by a man who entered the US illegally.The measure, called the Laken Riley Act, requires immigrations and customs enforcement to detain undocumented immigrants accused by local authorities of theft, burglary, larceny or shoplifting.The bill would also allow states and individuals to sue the federal government for crimes committed by immigrants who enter the country illegally.The bill was named after 22-year-old Laken Riley, who was killed on the campus of the University of Georgia while on a morning run last month. Riley’s death has become a rallying point for Donald Trump, after authorities arrested a Venezuelan man who entered the US illegally and was allowed to stay to pursue his immigration case.The House approved the legislation hours before Joe Biden is set to deliver his State of the Union address. Republicans have seized on Riley’s death to hammer the Biden administration’s border policies.“Republicans will not stand for the release of dangerous criminals into our communities, and that’s exactly what the Biden administration has done,” Republican House Speaker Mike Johnson told Fox News.
      Laken is just one of the tragic examples of innocent American citizens who have lost their lives, been brutally and violently attacked by illegal criminals who are roaming our streets.
      Joe Biden’s re-election campaign has responded to a new ad from a pro-Trump Super Pac questioning Biden’s ability to serve a second term in a new TV ad and whether the president can “even survive til 2029.”The ad, by Make America Great Again Inc, shows a clip from Biden’s press conference after the death of Russian opposition leader Alexei Navalny.During the briefing, Biden spoke about comments by Donald Trump about letting Russia “do whatever the hell they want” to Nato allies. Pausing for dramatic effect, Biden then says he should clear his mind “and not say what I’m really thinking.”In the Maga Inc ad, a narrator says: “We can all see Joe Biden’s weakness. If Biden wins, can he even survive to 2029. The real question is, can we?”Biden campaign spokesperson Ammar Moussa told NBC News that the ad is “a sick and deranged stunt from a broke and struggling campaign”, adding:
      Trump tried this strategy four years ago and got his ass kicked by Joe Biden – he should tune in tonight alongside tens of millions of Americans to see why President Biden will beat him again this November.
      A former congressional candidate backed by Donald Trump has been arrested for murder. The Guardian’s Ramon Antonio Vargas reports:A former pro wrestler who won a prominent endorsement from Donald Trump while unsuccessfully running for Congress in Nevada surrendered to authorities on Wednesday on an arrest warrant for murder.Daniel Rodimer, 45, was booked in connection with the slaying of 47-year-old Christopher Tapp, who was reportedly beaten to death in Resorts World Las Vegas on 29 October.Rodimer met Tapp – who was once charged with murder himself – “through the classic car and racing circuit”, according to the local television news station KLAS, which reviewed police documents.Investigators allege that Rodimer fatally attacked Tapp after he offered Rodimer’s stepdaughter cocaine during a hotel room party.Initially, authorities believed Tapp’s death stemmed from a drug overdose and a fall, after an autopsy found evidence of blunt trauma and cocaine use. But detectives later determined Tapp had been in a fight inside the hotel room where he was found injured. He died later at a hospital.For the full story, click here:Here is a video of Maryland’s former Republican governor Larry Hogan – who we reported about earlier – saying that he will not vote for either Joe Biden or Donald Trump:Hogan, who recently stepped down from his third-party movement No Labels, said: “I think we’ll hopefully have some ability to vote for someone that these people actually want to vote for rather than just voting against.”In a tweet on Thursday, Joe Biden urged Americans to tune into his State of the Union address in which he plans to address “how far we’ve come in building the economy from the middle out and the bottom up …”He went on to add that he plans to address “the work we have left to lower costs and protect our freedoms against MAGA attacks”.An Alabama mother who saw a second round of IVF canceled after the state supreme court ruled that embryos were children will attend Joe Biden’s State of the Union address on Thursday, as guests of the first lady, Jill Biden.LaTorya Beasley of Birmingham, Alabama, is among the first lady’s 20 invited guests who “personify issues or themes to be addressed by the president in his speech,” the White House said in a statement.Beasley and her husband had their first child, via IVF, in 2022. They were trying to have another child through IVF but Beasley’s embryo transfer was suddenly canceled because of the Alabama court decision.Also on the guest list is Kate Cox, the Texas mother forced to travel outside her state for an abortion. The White House said the cases of Beasley and Cox, showed “how the overturning of Roe v Wade has disrupted access to reproductive healthcare for women and families across the country”. In a statement, the White House said:
      Stories like Kate’s and LaTorya’s should never happen in America. But Republican elected officials want to impose this reality on women nationwide.
      Joe Biden has welcomed Sweden into Nato in a statement after the country officially became the 32nd member of the western military alliance.Stockholm’s ratification process was finally completed in Washington on Thursday, as Sweden and Hungary – the last country to ratify Sweden’s membership – submitted the necessary documents after a drawn-out process that has taken nearly two years.The ratification marked the end of a 20-month-long wait that started in May 2022 when it submitted its application to join alongside Finland, prompted by Russia’s invasion of Ukraine in February that year.In a statement, Biden said he was “honored” to welcome Sweden as Nato’s newest ally, and that the alliance was “stronger than ever” with its addition. He added:
      Today, we once more reaffirm that our shared democratic values – and our willingness to stand up for them – is what makes Nato the greatest military alliance in the history of the world. It is what draws nations to our cause. It is what underpins our unity. And together with our newest Ally Sweden – NATO will continue to stand for freedom and democracy for generations to come.
      The Swedish prime minister, Ulf Kristersson, will be attending Joe Biden’s State of the Union address as a guest of the first lady, the White House has confirmed.Larry Hogan, the Republican former governor of Maryland who is running for Senate, has said he would not vote for Donald Trump in the November election.Hogan, at an Axios event, said he will vote for neither Trump nor Joe Biden and would instead seek out a third-party candidate. He said:
      I’m like 70% of the rest of people in America who do not want Joe Biden or Donald Trump to be president, and I’m hoping that there potentially is another alternative.
      He added that he didn’t know yet who that candidate will be. Hogan, one of the most outspoken and only Trump critics in the Republican party, last year said he would support the party’s nominee for president, but at the time said he did not think Trump would be that candidate.Joe Biden will announce in the State of the Union speech that US forces will build a temporary port on the Gaza shoreline in the next few weeks to allow delivery of humanitarian aid on a large scale.“We are not waiting on the Israelis. This is a moment for American leadership,” a senior US official said on Thursday, reflecting growing frustration of what is seen in Washington as Israeli obstruction of road deliveries on a substantial scale.The port will be built by US military engineers operating from ships off the Gaza coast, who will not need to step ashore, US officials said. The aid deliveries will be shipped from the port of Larnaca in Cyprus, which will become the main relief hub. The official said:
      Tonight, the president will announce in his State of the Union address that he has directed the US military to undertake an emergency mission to establish a port in Gaza, working in partnership with like minded countries and humanitarian partners. This port, the main feature of which is a temporary pier, will provide the capacity for hundreds of additional truckloads of assistance each day.
      Biden will also announce the opening of a new land crossing into the occupied and devastated coastal strip. Biden has been fiercely criticised within his own party for the failure to open up Gaza to humanitarian aid, with a famine looming and 30,000 Palestinians dead already since the start of war on 7 October.Chuck Schumer, the Senate majority leader, said Joe Biden’s State of the Union address tonight will highlight Democratic successes and show the chaos in the House Republican party in stark relief.During his floor remarks reported by CNN, Schumer said Biden will make it clear that “after so much adversity, America’s economy is growing, inflation is slowing, and Democrats’ agenda is delivering.” He said:
      The difference between the parties will be as clear as night and day. Democrats are focused on lowering costs, creating jobs, putting money in people’s pockets. But the hard right, which too often runs the Republican party in the House and now increasingly in the Senate, is consumed by chaos, bullying, and attacking things like women’s freedom of choice.
      Meanwhile, the Republican front-runner for president, Donald Trump, has “made it abundantly clear that he’s not running to make people’s lives better, but rather on airing his personal political grievances,” Schumer added.Joe Biden will deliver the final State of the Union address of his presidential term this evening, giving him an opportunity to tout his accomplishments and pitch his re-election campaign as he prepares for a rematch against Donald Trump in November.Previewing Biden’s State of the Union speech, his press secretary, Karine Jean-Pierre, said his remarks would focus on the president’s vision for the nation’s future and his legislative accomplishments.“You’re going to hear the president address how democracy is under attack, how freedoms are certainly under attack,” including women’s reproductive rights and voting rights, Jean-Pierre told MSNBC.Biden’s speech will also highlight his agenda for a potential second term, the White House chief of staff Jeff Zients told NPR. Those include “lowering costs, continuing to make people’s lives better by investing in childcare, eldercare, paid family and medical leave, continued progress on student debt”, he said, adding:
      The president is also going to call for restoring Roe v. Wade and giving women freedom over their healthcare. And he’ll talk about protecting, not taking away, freedoms in other areas, as well as voting rights.
      Mike Johnson, the Republican House speaker, reportedly pleaded with his party to show “decorum” on Thursday, when Joe Biden comes to the chamber to deliver his State of the Union address.“Decorum is the order of the day,” Johnson said, according to an unnamed Republican who attended a closed-door event on Capitol Hill on Wednesday and was quoted by the Hill.The same site said another unnamed member of Congress said Johnson asked his party to “carry ourselves with good decorum”. A third Republican was quoted as saying:
      He said, ‘Let’s have the appropriate decorum. We don’t need to be shrill, you know, we got to avoid that. We need to base things upon policy, upon facts, upon reality of situations.
      Last year’s State of the Union saw outbursts from Republicans and responses from Biden that made headlines, most awarding the president the win. Kevin McCarthy, then speaker, also asked his Republican members not to breach decorum. But in a sign of his limited authority, months before he became the first speaker ejected by his own party, such pleas fell on deaf ears. More

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      Why IVF is under attack in Alabama | podcast

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      When Gabrielle Goidel and her husband turned to fertility treatment they had already endured the grief and pain of three miscarriages. The couple, who had recently moved from Texas to Alabama, turned to IVF. It was stressful, uncomfortable and very expensive but they were determined to start a family. But just when Gabriele’s treatment had progressed to the stage where her eggs were about to be retrieved they hit an unexpected hurdle. In February, Alabama’s Supreme Court made a ruling in a case in which embryos in an IVF clinic were accidentally destroyed. In their judgements, they classified the embryos as “extra uterine children”. That decision had the potential to change everything about the use of IVF in the state. If embryos were children, with the same rights, what would that mean for the storage and transportation of embryos? What about embryos that are discarded, either because a previous embryo has already been implanted in the patient, or because they are not viable? In the face of such confusion, explains the Guardian’s US health reporter, Jessica Glenza, the biggest IVF providers in the state paused treatment. She explains how the courts ruling aligns with other assaults on reproductive rights in the US, such as abortion, and explains what part the Christian right has played in the decision. Hannah Moore hears how the fall out is playing with Republican and Democratic voters – and whether this assault on IVF could spread to other states. Amid the uncertainty, Gabrielle explains the pain and fear potential parents are feeling as their hopes for a child are left in limbo More