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      We must defend elective abortions, not just the most politically palatable cases | Moira Donegan

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      A Kentucky woman known by the pseudonym Mary Poe recently filed a lawsuit against her state, seeking an abortion for what was once a banal reason: because she wanted one.Poe, who was about seven weeks pregnant at the time of the lawsuit’s filing, has since had an abortion out of state. But her attorneys argue that she still has standing to sue to overturn Kentucky’s two abortion bans – a six-week ban and a separate total ban – arguing that the laws violate the state constitution. This much, at least, is typical: lawsuits challenging abortion bans have sprung up across the country since Dobbs, with women and their families seeking to overturn bans, expand exceptions, or get some compensation from the state for the graphic, distressing, disabling or deadly outcomes that the bans have made them suffer.The US supreme court justices who voted to overturn Roe in Dobbs cited the surge in activist litigation around abortion – a product of conservative investment in anti-choice legal shops – as part of their reason for doing so. Surely this must be a contentious, controversial issue that the federal bench is ill equipped to resolve, the judges from the conservative legal movement reasoned – because look how many complaints the conservative legal movement has filed against it!This rationale was always disingenuous, but it has also been proved flatly wrong: Dobbs has not got the courts out of the abortion business. Instead, lawsuits over abortion have exploded. The anti-choice camp has pounced, seeking to further restrict abortion by banning pills; targeting reproductive rights advocates, abortion funds and sexual health educators; claiming rights for fetuses or embryos; or by asserting that men who father pregnancies have a right to keep women from terminating them.But the pro-abortion rights side has been busy with litigation, too. Women who have been put at great health risk or made to suffer terrible, painful complications as a result of bans brought a class-action lawsuit in Texas. Bans have been challenged over and over again – on religious liberty grounds, on the grounds of state constitutional provisions securing the right to make individual healthcare decisions, under a federal law that guarantees emergency room treatment for patients needing stabilizing care, and under state constitutional clauses guaranteeing liberty, due process and privacy.The Kentucky lawsuit is part of this latter camp. Mary Poe has cited Kentucky’s constitutional guarantees of individual rights to both privacy and self-determination, which she says have been violated by the bans. “I feel overwhelmed and frustrated that I cannot access abortion care here in my own state,” she said in a statement delivered via her lawyers at the American Civil Liberties Union. “I am bringing this case to ensure that other Kentuckians will not have to go through what I am going through, and instead will be able to get the healthcare they need in our community.”This kind of desire for an abortion – the dignified simplicity of it – has been missing from much of the post-Dobbs abortion rights discourse. After the ruling, as trigger bans shot into effect across the country, clinics shuttered their doors, and scared women tried to discern their options, there was no shortage of tragic stories highlighting the brutality, indignity and gendered bigotry of the laws. But as the dust settled and members of the Democratic party, the major reproductive rights advocacy groups and the liberal legal movement surveyed the national scene, a consensus emerged that the face of the mainstream pro-choice movement would be the patient who experienced a medical emergency.Women who had suffered horrific medical complications became lucid, moving and highly sought after tellers of their own stories, explaining how abortion bans has risked their health: Amanda Zurawski, for example, was denied an emergency abortion at 18 weeks, subsequently went into septic shock twice, and one of her fallopian tubes was so scarred that it is now permanently closed, inhibiting her future fertility. Kate Cox was denied an abortion after discovering that her fetus has trisomy 18, a rare genetic condition which is incompatible with life, and which, because of Cox’s own medical history, also endangered her fertility and life.During her presidential run, Kamala Harris ran an ad featuring a woman identified only as Ondrea, who suffered a miscarriage at 16 weeks and was denied the standard care due to her state’s abortion ban. She developed sepsis and almost died. The ad features a shot of Ondrea in a bathroom, staring at her body in a mirror wearing only a sports bra. Her belly bears the scars of the emergency surgery that eventually saved her life – the surgery that she never would have had to have if it weren’t for the ban.It does not diminish these women’s bravery, their suffering, or the wrongness of what was done to them to say that they are only one small fraction of those who need abortions in America. These are married, middle-class women with wanted pregnancies; Zurawski and Cox are both white. Cox has spoken movingly about her hopes to meet her future child, a girl; in the ad that features Ondrea, she and her husband hold a baby blanket. These are women whose suffering at the hands of abortion bans has nothing to do with a refusal or distaste for heterosexual, married, middle-class life. Their suffering can be made visible precisely because they are so acceptable.Not so with Mary Poe. Poe may well be married, middle-class and white; from her statement, in which she talks about the difficulty of finding childcare, we can infer that she, like most abortion patients, is already a mother. But Poe is not suffering a physical emergency; she is not enduring any pain or medical misfortune that she can use to purchase social license. She is not, in other words, a woman whose claim to an abortion is based on a plea for mercy. She is merely a woman who seeks to be in control of her own life, one who believes that things like privacy and self-determination apply to her, too.“I have decided that ending my pregnancy is the best decision for me and my family,” Poe writes in her public statement. “This is a personal decision, a decision I believe should be mine alone, not made by anyone else.”This was not always a radical proposition. But in the post-Dobbs world, it has sadly become one.

      Moira Donegan is a Guardian US columnist More

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      Trump’s White House is filling with alleged sexual abusers … led by him

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      Donald Trump was found civilly liable last year for the defamation and sexual abuse of the writer E Jean Carroll – just one of the more than 27 women who have accused him of sexual misconduct. In January 2025, he will again be president of the United States – the first to take office with a court-adjudicated history of sex crimes.And it seems he’s eager to pack the White House with people just like him.Four of president-elect Trump’s cabinet-level nominees have faced serious allegations of sexual misconduct, ranging from workplace sexual harassment to assault, and a fifth is embroiled in a sexual abuse-related lawsuit.As Americans brace themselves for Trump 2.0, it’s time to be clear-eyed about the Maga machine: a history of alleged sexual criminality isn’t a bug, it’s a central part of the hardware; an organizing principle that clarifies how Trump and those like him view their power and how they intend to wield it.Trump’s first choice for attorney general, the former representative Matt Gaetz, was concurrently under investigation by the Department of Justice and the House ethics committee for allegedly violating federal sex-trafficking laws and statutory rape. The disgraced representative also reportedly bragged about his sexual conquests and showed nude photos of women to his fellow lawmakers. On Thursday afternoon, Gaetz announced he would be withdrawing his name from consideration to avoid being a “distraction to the critical work of the Trump/Vance Transition”, just hours before CNN published a report about a second alleged sexual encounter between Gaetz and a 17-year-old. (The age of consent in Florida is 18.)Gaetz’s withdrawal provided a brief moment of relief. But, still, Trump’s would-be cabinet is filled with alleged criminals, all of whom the president-elect has vociferously defended, and all of whom deny wrongdoing.Elon Musk, whom Trump has tapped for the made-up position of “efficiency czar”, reportedly exposed his penis to a SpaceX flight attendant in 2016 and offered to buy her a horse in exchange for sex. Musk’s company SpaceX paid her $250,000 in 2018 to settle the sexual misconduct claim. He was also sued this year by eight former SpaceX employees, who alleged that the CEO treated “women as sexual objects to be evaluated on their bra size, bombarding the workplace with lewd sexual banter”.Then there’s the nominee for secretary of defense, the Fox News host Pete Hegseth, who was accused of sexually assaulting a staff member of the California Federation of Republican Women in 2017.In the police report that was filed at the time, and which was obtained by the New York Times, the unnamed woman told law enforcement that Hegseth had taken her phone and blocked her exit from his hotel room before assaulting her. Though Hegseth was never charged with a crime, he did enter into a nondisclosure agreement with the woman, which included a financial settlement.Robert F Kennedy Jr was accused of sexually assaulting Eliza Cooney, a former family babysitter, in the late 90s. Trump now wants him to run the Department of Health and Human Services.Finally, Trump’s pick for secretary of education, Linda McMahon, was recently named in a lawsuit alleging that she and her husband, Vince McMahon, failed to stop an employee from sexually abusing children in the 1980s and 90s, when the McMahons were running World Wrestling Entertainment. (An attorney for McMahon told CNN that the lawsuit is “filled with scurrilous lies.”)These picks feel comically brazen, like shots fired directly at the #MeToo movement, which erupted in the wake of Trump’s election in 2016. It’s not a stretch to imagine that Trump, a man who has threatened to sue every one of his accusers and has openly bragged about grabbing women “by the pussy” without their consent, is attempting to exact revenge on a movement designed to use the collective to force consequences for a handful of powerful predators.#MeToo was just one piece of a slate of shifting gender norms over the last decade. Now, we’re living in the middle of a backlash.Roe v Wade has fallen, a known sexual abuser is re-entering the Oval Office, and the very online far right has found a new slogan: “Your body, my choice.”In Susan Faludi’s 1991 book Backlash: The Undeclared War Against American Women,she writes that these moments of backlash are not random. They are “preemptive strikes”, which “have always been triggered by the perception – accurate or not – that women are making great strides”.The perception that women were gaining status at the expense of men’s, combined with the real ways in which many men in this country are struggling economically, socially and mentally, has seemingly helped fuel the Trump campaign.Trump sneered at “childless cat ladies”, courted Joe Rogan listeners and crypto-bros, and trotted out Hulk Hogan to perform hyper-macho drag at the Republican national convention. The campaign deployed far-right influencers to wax poetic on X – which Musk owns – about the dangers of “toxic femininity” and mock the peeing habits of men who supported Kamala Harris.On election day, Trump senior adviser and noted white nationalist Stephen Miller tweeted a very particular plea: “Get every man you know to the polls.” After Trump’s win, the far right were out in full force celebrating what they clearly perceived not just as a win for their preferred political leader, but for their gender as a whole; they flooded X and TikTok with the phrases “your body, my choice” and “get back in the kitchen” and crafted supercuts of liberal women crying.Perhaps what Trump is counting on is that people who oppose the draconian agenda of his administration will be so exhausted by the piling horrors that they’ll get overwhelmed and give up – that all of the allegations will blend together and the backlash will become the norm. And yet, we know where a backlash brews, so does a resistance to it. More

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      ‘Queen of polling’ J Ann Selzer quits after Iowa survey missed by 16 points

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      J Ann Selzer, the celebrated Iowa election pollster, announced on Sunday that she is moving on “to other ventures and opportunities”, two weeks after her survey in the state wrongly predicted a strong shift to Kamala Harris in the days before the election.That poll, which projected a 47% to 44% lead for the vice-president over Donald Trump on the back of older women breaking for Democrats over the issue of reproductive rights, came three days before the national vote, giving Democrats false hope that Harris could win the White House decisively. When the votes were counted, Selzer was off by 16 points as the former president won the state decisively.Selzer, known as the “queen of polling”, shot to fame in 2008 when she predicted that a virtually unknown senator, Barack Obama, would beat frontrunner Hillary Clinton in the Iowa caucuses.She told MSNBC before the vote that Harris was leading in early voting in Iowa “because of her strength with women generally, even stronger with women aged 65 and older. Her margin is more than 2-to-1 – and this is an age group that shows up to vote, or votes early, in disproportionately large numbers.”Trump disputed the poll in a post on his Truth Social network at the time.“In fact, it’s not even close! All polls, except for one heavily skewed toward the Democrats by a Trump hater who called it totally wrong the last time, have me up, BY A LOT.”According to unofficial results, Trump ultimately won Iowa by 13 points, 56% to 43%.In a column published by the Des Moines Register on Sunday, Selzer wrote that public opinion polling had been her “life’s work” and had made a decision to step back from it a year ago.“Would I have liked to make this announcement after a final poll aligned with Election Day results? Of course,” she wrote. “It’s ironic that it’s just the opposite.”Seltzer ventured that her strong track record had “maybe that history of accuracy made the outlier position too comfortable”.“Polling is a science of estimation, and science has a way of periodically humbling the scientist. So, I’m humbled, yet always willing to learn from unexpected findings,” she added.A review of Selzer’s final 2024 poll hasn’t revealed a clear reason for missing Trump’s runaway victory in the state, the paper said in a column published on Sunday, adding that it is “evaluating the best ways to continue surveys that will provide accurate information and insight about issues that matter to Iowans”.Editor Carol Hunter wrote that the Iowa Poll “has been an important legacy indicator and we recognize the need to evolve and find new ways to accurately take the pulse of Iowans on state and national issues”.skip past newsletter promotionafter newsletter promotionBut the black eye the polling business has received for failing to predict a strong Trump victory in the electoral college, 312 to 226, and popular vote, taking with him all seven swing states and seeing every state moving Republican, may not be entirely deserved.Most political polls for the 2024 presidential election saw a close race in the electoral college, and a popular-vote victory for Harris. But the election results so far show that Trump added more than 2m votes to his 2020 total, while Harris received millions fewer votes than Joe Biden did four years earlier, in what some are calling the lost “couch vote”.Trump won the electoral college 312 to 226, and currently leads the popular vote by 1.7%. UC Riverside polling expert Andy Crosby wrote that Trump’s margin of victory was within the 2.2% margin of error of most of the final elections polls.After what turned out to be the final Selzer Iowa poll this year, she had offered these words of warning to excited Never Trump podcasters at The Bulwark: “People looked at my methodology … and it’s published in every article in the Des Moines Register, how we do it, but you look at it on paper and you go, It’s too simple, this can’t possibly work. And so far it has, but I’m prepared that one day it will not work and I will blow up into tiny little pieces and be scattered across the city of Des Moines.” More

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      We’ll need to fight to protect US reproductive rights. Here’s what to expect | Sophie Brickman

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      At around 10pm ET on election night, with prediction needles listing rightwards, and various friends’ group chats starting to become inundated by the river-of-tears-down-my-face emoji – even that early, we were collectively way beyond a single tear – I left Steve Kornacki frantically bobbing and weaving around a map of Georgia, and went to bed. Somehow, I slept through until the morning, when I awoke in “Trump’s America”, as news organizations were calling it, and to a torrent of emails and notes from friends bemoaning, among other things, the very real possibility of a federal abortion ban.“Are we still gonna have birth control?” one friend texted, in disbelief.“Sorry for the US you’re waking up to,” another wrote from Oxford. “Confounding,” his wife echoed, from across the pond.And so, to get a clear-eyed, postmortem picture of what might be facing women and their loved ones in America, two days after the election I called up Nancy Northup, the president and CEO of the Center for Reproductive Rights, an advocacy group with a stated mission of “using the power of law to advance reproductive rights as fundamental human rights around the world”.In practice, that means unleashing an army of seasoned litigators to fight for abortion access, among other things, in courtrooms across the country and around the world – they currently work in five continents. She began as CEO in 2003, 30 years after Roe v Wade constitutionally protected abortion rights. Twenty years later, after fighting the good fight for decades, she and her litigators are revving up for what might be the fight of their careers.“We were always accused before Roe v Wade was overturned [of] crying wolf,” Northup told me on the phone from her office in Manhattan. “People don’t need to worry about whether or not we’re crying wolf now.”There are the women who have died when denied abortions by healthcare providers who are unsure of the legal ramifications of performing abortions unless the mother’s life is at risk. There are those who have spent days in the ICU after being denied care, and emerge with their future fertility forever compromised. There are the obstetricians fleeing states with strict abortion bans (over 20% of practitioners in Idaho, and over half of high-risk obstetricians), feeling that they are unable to safely, and properly, do the job they trained years to do. There are the downstream consequences of bans in restrictive states affecting states with robust abortion protections, simply because those who can travel to receive care end up taking appointments away from local residents.The question that kept circulating among my friends in the hours after the election results became clear was: How come seven out of 10 measures to protect reproductive rights passed at the state level, and Trump still won?Northup chalks the dissonance up to two things.“There’s a difference between what policy do I want, and what candidate do I like,” she said. “Of course they should be linked, but we can see that they aren’t.”On top of that, Northup fears there are too many mental leaps to make.“Most people think, You know what, if the right to abortion is protected in my state, I’m good. They don’t realize a federal abortion ban could override their state’s rights.”While she wrote in a statement after the results came in that Trump’s first term “lead to the deaths of numerous women who are likely the tip of the iceberg”, she said it was too early to paint a picture of just how large that iceberg might loom in his second. Still, she underscored that even if a bill isn’t signed into law – something she pointed out Trump has said he wouldn’t do, though “consistency isn’t the hallmark of the president-elect” – there are ways to threaten abortion access at a national level.Northup and other colleagues at the Center held an open video meeting a few hours before we spoke, the tone of which was sober, with lots of “no way to sugarcoat what we’re facing right nows”s, and “serious situation”s and “tough road ahead”s.Among her top concerns are, first, the fear that new laws will threaten patients’ access to medication abortion – something she calls “a lifeline”, as two-thirds of patients in the US use it – either by the FDA restricting mifepristone, or states using a 1873 chastity law known as the Comstock Act, which bans “any drug, medicine, article, or thing designed, adapted, or intended for producing abortion” from being transported by a mail carrier; and, second, the targeting of populations in states with bans. She recently found herself on the phone with a woman whose family was leaving Texas to get an abortion in New York, and wasn’t sure if her husband should come with her or not.“That’s a culture, or a climate, of fear of prosecution, and intimidation, and silencing,” she said. “It has a chilling effect.”And it’s a chilling effect that the minority of American voters want to cast over the country. One exit poll noted that while voters in 10 “key states” believe by a wide margin that abortion should be legal, only 14% considered it their most important voting issue.I reached out to a friend who works in the reproductive rights space for help parsing through this disconnect.“The lack of urgency that voters placed on this issue may reflect an erroneous belief that state protections can save them; misplaced faith in Trump’s softened messaging on abortion; or simply a reality that many are struggling to make ends meet and feel abortion is an issue they can’t afford to think about today,” she wrote. “Who knows.”Whatever the reason, it means the litigators at CRR have their work cut out for them, as they fight for what the majority of Americans want.Right now, Northup is revving up for a case that will start on Tuesday in Idaho, arguing that the state, by refusing to give stabilizing care to pregnant women in emergencies, is violating the Emergency Medical Treatment and Active Labor Act (Emtala), a federal law that ensures access to emergency care. And she is gaining strength from success stories, like Missouri, which overturned its near-total abortion ban on Tuesday, despite electing Trump, something she called “stunning”. (She remembers having a conversation with a senator in Missouri years ago, and bringing up the question of just how to talk about abortion rights in the state. The senator’s advice: “Don’t.”)How does she feel?“Armored up and ready to go.”For those of us who might not feel that way, there are other ways to help. On the video call, one colleague offered three action items: First, take care of yourselves and your communities. Second: sign up for alerts from the Center. Finally, find and donate to a local abortion access fund.Godspeed.

      Sophie Brickman is a contributor to the New Yorker, the New York Times and other publications, and the author of Baby, Unplugged: One Mother’s Search for Balance, Reason, and Sanity in the Digital Age and the novel Plays Well With Others More

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      ‘Your body, my choice’: what misogynistic Trump supporters feel about sexual power | Moira Donegan

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      You can’t say it was a fluke. If in 2016, Donald Trump’s novelty, combined with his loss of the popular vote, allowed liberals to retain a bit of plausible deniability about what his presidential win meant about America, this time, there is no such comfort. Donald Trump is no longer a mystery or an amusing diversion: no one can claim that they do not understand full extent of his malignant corruption, or the seriousness of his movement’s hostility to pluralist democracy. And he won the popular vote.Many postmortems of last week’s election have tried to preserve the notion that Trump’s voter’s did not endorse him and his vision – that they know not what they do. This is dishonest, and a bit patronizing toward Trump’s supporters. Trump’s voters, for the most part, know exactly what he is, and what voting for him means. They are not ignorant or mistaken about him. They endorse him and what he is.A large part of what a majority of Americans voted for last week was the Trump campaign’s virulent misogyny. Trump himself, an adjudicated rapist who has bragged about both committing sexual assault and engineering the reversal of Roe v Wade, speaks of women in vulgar, degrading terms. He picked a running mate who has denigrated childless women as “psychotic” “cat ladies”. His adviser and funder Elon Musk, who seems to have designs on becoming something of a shadow president in Trump’s second term, is a techno-fascist pro-natalist who goes around offering women insemination.The Trump campaign positioned itself as a champion of a hierarchical gender order, aiming to restore men to a place of wrongfully deprived supremacy over women. Many of his voters cast their lot in with Trump hoping that he would do just that.Now, in the wake of Trump’s victory, some of his supporters have adopted a slogan which neatly joins the movement’s twin projects of forced sex and forced pregnancy: “Your body, my choice.”“Your body, my choice,” was coined by the far-right, pro-Nazi internet troll and Trump dinner guest Nick Fuentes on the night of the election. “Your body, my choice,” Fuentes tweeted. “Forever.” It’s a taunting inversion of the pro-choice slogan “my body, my choice”, meant to assert women’s autonomy: instead, “your body, my choice” presents women’s full citizenship and freedom as laughable, asserting, in gleeful terms, the male supremacy that will now carry for the force of policy and law under a new Trump administration.In response to Fuentes’s post, pro-Trump men have adopted the slogan en masse to troll women online. An analysis from the Institute for Strategic Dialogue found that the use of the phrase soared on social media in the days following the election, along with similar misogynist phrases like “get back in the kitchen”, and the use of sexist slurs directed at liberal and progressive women like Kamala Harris and Rachel Maddow. Female TikTok users reported a flood of such comments, with “your body, my choice” chief among them on the platform. And young girls in schools, along with their teachers and parents, reported incidents of the phrase being yelled out by boys in taunting jeers of harassment and intimidation in the days following the election.“Your body, my choice” is a rejection of women’s rights to control their own bodies in more ways than one. In addition to the phrase’s sneering inversion of a pro-choice phrase, rejecting the abortion right and claiming the overturn of Roe as a victory for men, the phrase has a second, dual meaning: as a rape threat. The men and boys who use it are not merely taunting women with the threat of an unwanted, forced pregnancy. They are taunting them with the threat of forced sex.It is not always a connection that the misogynist right has made so explicit. In other eras, the anti-choice movement has adopted an overtly religious attitude of sexual repression, aiming to restrict abortion as a means of restricting sexuality across the board. But this preacherly, sexually repressed masculinity is not the masculinity of today’s misogynist rightwing movement. Rather, the Maga right is one that sees sex not as something that must be rendered shameful and pushed out of the public sphere, but as a weapon that can be used to punish, humiliate and dominate women.This new, avowedly and vulgarly sexual rightwing masculinity is what Fuentes was crystalizing in his snide little coinage of “your body, my choice”: it is one that aims to use physical and sexual force to coerce women into a degraded gendered role, one subject to men’s domination and only partial, limited and conditional in its citizenship and access to the public sphere. In this sense, their projects in joyfully celebrating rape and restricting women’s access to abortion are two sides of the same coin: the right seeks to dominate women and to commandeer the inside of their bodies so as to force them into a gendered role against their will, be that role as sex object or as mother.skip past newsletter promotionafter newsletter promotionThis is why it is fitting that Trump, who was found liable for the rape of one woman and accused of sexual assault by two dozen others, was the president to secure the overturning of Roe v Wade; it is why it is fitting that two of the justices who voted to overturn Roe, Clarence Thomas and Brett Kavanaugh, have been credibly accused of sexual misconduct, each by more than one woman. It is because the sex politics of the right is not an anti-sex, puritanical politics. It is a politics of sexual domination.There is no use pretending that this is not what the Trump movement is. And there is no use in pretending that this is not what many of the men who voted for Trump hoped to achieve when they supported him. Much of the pre-election coverage of the gender dynamics of Trump’s campaign has disappeared in the days following the election, and perhaps this unpleasant reality is why: most Americans voted for a man they have every reason to believe is a rapist. For some of them, at least, that was not a liability, but an asset.

      Moira Donegan is a Guardian US columnist More

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      Make no mistake: this Trump presidency will continue to attack abortion rights | Moira Donegan

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      Abortion rights initiatives were on the ballot in 10 states on Tuesday, and won in seven of them. One of the losers was prop 4, Florida’s abortion rights measure, which received a whopping 57% of the vote but failed to meet the state’s unusually high 60% threshold, meaning that the state’s six-week ban will remain in place. Asked about the Florida abortion rights proposition ahead of the election, Trump said that when he went to cast his ballot near Palm Beach, he would vote against it.It has always been a little hard to believe that Donald Trump personally hates abortion, even if it is abundantly clear how little he thinks of women. Trump, after all, has claimed to have numerous conflicting positions on abortion rights throughout his life. And his brand of masculinity is boorish, vulgar, and above all, sexually entitled – far from the priggish, repressed moralism of more classical anti-abortion figures like Mike Pence.Maybe this is why, though Trump appointed three of the six justices who overturned Roe v Wade and has boasted about his role in ending the right to an abortion, many voters seem to not quite believe that he will continue to suppress the procedure further in his coming second term. Abortion rights measures won in several states that Trump carried on Tuesday – including Arizona, Nevada, Montana and Missouri, all states that Trump won. A lot of people, it seems, voted for abortion rights in their own states, and then also voted for Donald Trump – who, make no mistake, will move to restrict abortion access nationwide when he returns to the White House next year.Trump, of course, has insisted that this will not happen – which on its own might be a decent indication that it will. But there is evidence that the new Trump administration will pursue a broad agenda restricting women’s rights, including nationwide attacks on abortion access, even beyond that offered by Trump’s habitual pattern of self-serving dishonesty.Republicans have won control of the Senate and are likely to capture the House of Representatives; if they do, they may well advance legislation to ban abortion nationwide. (And to pass it: there is no reason to believe that a Republican governing trifecta will preserve the filibuster.) A bill like this would probably not be termed a “ban” by its sponsors: Republicans, wary of the public disapproval of abortion bans, have started calling their new abortion restrictions by chillingly imprecise euphemisms, such as “standard” or even “protection”. But the effect of the laws are the same: to outlaw abortions. This could take the form of a gestational limit, or of the federal recognition of fetal personhood. Trump may well sign such legislation into law, eliminating abortion rights even in Democratic-controlled states and those that have recently passed abortion rights referendums with the stroke of a pen.But Republicans do not even need to manage to pass a bill through Congress to make abortion much more difficult to get. Trump can simply restrict abortion through federal agencies. He will soon be in control of the FDA, for example, which regulates the abortion drug mifepristone, part of a two-drug regimen that now accounts for most abortions in the United States. Mifepristone is a safe, effective drug that allows abortions to be performed in the privacy of patients’ homes, with little of the expensive clinical involvement and overhead that makes surgical abortions more time-intensive and costly for providers and patients alike.Naturally, the anti-abortion movement hates it. Since Dobbs, a coalition of anti-choice groups and Republican attorneys general have been suing the FDA, seeking to overturn the agency’s 2000 approval of the drug. Trump will be able to rescind access to it almost immediately, taking the drug off the legal US market. If he gives the anti-choice movement what they want, he may also direct the FDA to revoke approval of the most reliable forms of female-controlled contraception, like Plan B, IUDs, and certain birth control pills, which the anti-choice movement falsely claims cause abortions.Trump is likely to also revive enforcement of the Comstock Act, a long-dormant 1873 law that bans the shipment of anything that could be used to induce an abortion through the US mail. The Comstock Act has not been enforced in decades – parts of it were repealed in the 20th century, and other sections were long rendered moot by supreme court precedents like Roe and Casey – and would have the effect of criminalizing much abortion care. Since Dobbs, several Democratic-controlled states have passed what are called shield laws, which protect doctors who mail abortion drugs from states where the procedure is legal into states that have bans. This mail-order abortion operation is, for now, technically legal: it has preserved women’s independence and dignity and no doubt saved thousands of lives.But when the Comstock Act is enforced, much of this sector of abortion provision will disappear. Combined with the revocation of FDA approval for mifepristone, this will inevitably mean that many women seeking abortions will turn to black market surgical abortion providers, and suffer the risks attendant to such procedures. A return to pre-Roe levels of abortion ban-related mortality could probably follow.Trump is also likely to reverse the Biden administration’s guidance on Emtala, the Emergency Medical Treatment and Active Labor Act, a federal law that requires emergency rooms to provide stabilizing care to all patients facing health crises. Emtala has been the subject of much post-Dobbs litigation, as states like Idaho and Texas have sought to argue that their abortion bans supersede the federal law, thus requiring hospitals in their states to withhold emergency abortions from women in medical emergencies who will suffer or die without them. The US supreme court declined to decide the issue last summer; a Trump administration may help to resolve it for them.This is all just what Trump could do on his own in his first years back in office. But the impact of a Trump term on American women’s access to abortion will be felt long after Trump himself is no longer with us. Trump will probably appoint at least two supreme court justices to lifetime seats in his coming term; he will also fill an unknown number of vacancies on the lower federal courts, whose judges also serve for life. These judges are all likely to be anti-abortion zealots, as are the federal bureaucrats Trump will bring in to staff agencies such as the FDA, CDC and Department of Health and Human Services.We are already living in an era when abortion access is restricted more than it has been in decades. Now, it will be restricted more. We may well never have as much reproductive freedom as we do now ever again.American women are well advised to prepare for this, to not wait for the Trump administration to restrict the tools they use to control their own bodies. Sterilization and long-acting birth control remain accessible, for now; women who want these should move quickly to get them. Plan B and abortion pills can both be purchased ahead of time and kept on hand in the privacy of a medicine cabinet; such purchases may provide security and peace of mind to those staring down the barrel of another Trump term. Abortion, as we know, will never be eliminated; it can only be less safe, and less dignified. But there are few things as strong as women’s determination to control their own lives. That determination is certainly stronger than the law.

      Moira Donegan is a Guardian US columnist More

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      California’s attorney general readies the fight against Trump’s extreme agenda: ‘We’re prepared’

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      California was considered a leader in fighting the most extreme policies of Donald Trump’s first administration, and after the Republican’s decisive win this week, officials in the Golden state say they are more prepared to resist Trump’s expected agenda for his second term.Rob Bonta, California’s attorney general, will be a crucial figure in that effort, tasked with spearheading litigation and defending vulnerable Californians’ rights in the courtroom. It’s a tall order as the president-elect has promised policies that could threaten the state’s immigrant population, LGBTQ+ residents, climate initiatives, gun safety measures, healthcare programs and abortion rights.But Bonta, in an interview with the Guardian on Thursday, said his office was ready on every front.“I know a lot of people are anxious and worried, concerned, fearful, angry, sad,” said the Democrat, who now occupies the seat previously held by Kamala Harris. “I’m not happy with the results, but I’m energized and ready to fight … I’m ready to do my job and lean in hard and punch back and push back and fight back against any attacks from the Trump administration on California’s ongoing progress.”Bonta’s efforts could have a significant impact in the most populous and diverse state in the US, home to the fifth largest economy in the world and considered a leader on progressive policies.In Trump’s first term, Bonta recalled, California successfully fought Trump’s “public charge” rule, which sought to block green cards for immigrants who accessed certain benefits, such as food stamps. The state also sued to prevent Trump from denying funds to sanctuary cities, and helped stop the former president’s effort to end Deferred Action for Childhood Arrivals (Daca), a program that protects immigrants who entered the US unauthorized as children.“Trump has a very difficult time resisting the temptation to violate the law,” said Bonta, saying he expected the president-elect to once again use executive action to make changes that require congressional action. “If he wanted to take a blowtorch to the Affordable Care Act and end it on day one by executive order … he can’t do it.” Trump recently said he had “concepts of a plan” to replace the popular Obama-era program that expanded healthcare coverage, and his victory has raised alarms among public health advocates.Bonta said he had been in discussion with attorneys general across the US – sharing briefs, memos and knowledge from their fights during Trump’s first term – and they were primed to coordinate lawsuits as needed: “It’s all hands on deck, use every tool that you have. Litigation will certainly be one of the most potent and powerful ones.“We’ve been preparing for months, in some cases years,” he continued. After Roe v Wade was overturned in 2022, his staff wrote a legal brief to challenge a national abortion ban, a draft he has ready, if necessary. His staff has also monitored comments by Trump’s inner circle and reviewed Project 2025, the rightwing blueprint for his second term drafted by Trump’s allies.“We’ve got a lot in our back pocket ready to drop,” he said. “In some [cases], the whole strategy is thought through – the court we file in, when we file it, based on what action the Trump administration takes. We’ve just gotta dot the Is and cross the Ts and press print. But we are very far along, very advanced in our preparation.”Trump has threatened unprecedented mass deportations, an agenda that was partially thwarted in his first term by California and other blue states that passed sanctuary laws limiting local law enforcement cooperation with federal immigration agents. California Democrats will face pressure from immigrant rights’ groups to expand those sanctuary policies, which advocates say are not currently the strongest in the nation. California prisons, for example, continue to coordinate with US Immigration and Customs Enforcement (Ice), which helps drive deportations, but Gavin Newsom, the state governor, has previously vetoed efforts to prevent cooperation with Ice.Bonta said officials should be exploring ways to “reinforce and strengthen” the existing sanctuary law, though he didn’t offer specifics.Newsom has called a special legislative session in December for lawmakers to discuss ways to “Trump-proof” state laws, and immigration will probably be a priority.skip past newsletter promotionafter newsletter promotion“The federal government can’t conscript or commandeer state or local resources or law enforcement agencies to do their job [of immigration enforcement],” Bonta said, describing the current sanctuary policies. “There could be some additions that could help make that stronger.”He said he would be looking for ways to ensure the sanctuary law is properly followed and implemented across the state. Advocates are also bracing for rightwing pro-Trump sheriffs in conservative counties to potentially violate California’s sanctuary rules. Bonta said he would respond if that happens: “They are law enforcement officers. They need to enforce the law. They can’t pick and choose the laws they want to enforce … if they’re going to politicize it and break the law, then we’ll be there to hold them accountable.”Trump has also promised a major rollback of LGBTQ+ rights and some of his campaign ads have spread significant misinformation about the rights of transgender Americans, particularly around healthcare and sports. He has pledged to revoke funding from hospitals that provide gender-affirming care to youth, punish schools that affirm trans youth and push a law stating the government doesn’t legally recognize trans people.California was the first state in 2022 to establish itself as a sanctuary for trans kids seeking healthcare, and Bonta’s office successfully sued a local school district over its policy that would have required schools to out trans and gender non-conforming students to their parents.“We’ve been fighting on so many fronts against the attacks on our transgender kids, whether fighting for them to be able to play sports … or use the bathroom consistent with their gender identity, or be able to go to a doctor’s office and have gender-affirming care,” he said. “We will continue … The courts are a good place to find relief when you target and single out someone based on their protected class.”Bonta advocated for Harris during the election and was hoping he would not need to stand up to the federal government. “I didn’t want this outcome,” he said. “I was working to have a different outcome, but I couldn’t guarantee [it] … so we needed to be prepared for the possibility of [Trump]. Unfortunately, this outcome is here. Fortunately, though, we’re ready for it, because we prepared.”Read more of the Guardian’s 2024 US election coverage

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      ‘This victory is a mandate’: rightwing groups ready with policy proposals for new Trump administration

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      As Donald Trump prepares to move back into the White House, he’ll have a host of rightwing groups trying to influence his staffing choices and policy proposals, including the group behind Project 2025, despite Trump’s insistence they won’t be involved.Democrats repeatedly ran attacks on Trump over Project 2025, the conservative manifesto that its writers want to guide a second Trump administration. Trump tried to distance himself from it and from the group behind it, the Heritage Foundation, one of DC’s biggest thinktanks.The Heritage president, Kevin Roberts, congratulated Trump on his “hard-fought victory” that came despite the “sham” indictments and against a “relentless leftwing machine”.“The entire conservative movement stands united behind him as he prepares to secure our wide-open border, restore the rule of law, put parents back in charge of their children’s education, restore America to its proper place as a leader in manufacturing, put families and children first, and dismantle the deep state,” Roberts said.Other groups, namely the America First Policy Institute, have avoided the limelight that backfired on Project 2025 and instead worked behind the scenes to ally themselves with Trump and seek to influence his administration. Trump named Linda McMahon, the chair of the institute’s board, as a co-chair of his transition team, giving the America First Policy Institute a critical role.The institute, started in 2021 and stacked with Trump allies, said in a tweet that it “stands ready to support bold governance that puts Americans first”. It also shared a video clip with the former acting United States attorney general Matt Whitaker talking about deportations and sanctuary cities, key alignments with Trump’s policy goals.“This victory is a mandate to restore our nation to a place of safety, opportunity, and prosperity rooted in freedom,” the America First Policy Institute said. “Together, we’ll secure borders, strengthen the economy, & uphold the freedoms that define us – for a stronger future.”The institute has held trainings for people that could serve in the Trump White House and has a lengthy agenda published online, complete with plans for immigration, education, energy and elections. The New York Times recently reported that the group has “installed itself as the Trump campaign’s primary partner in making concrete plans to wield power again”.The heads of both the America First Policy Institute and the Heritage Foundation have roots in the Texas Public Policy Foundation, a state-based conservative thinktank. Brooke Rollins, CEO of the America First Policy Institute, ran the Texas foundation for 15 years, and Roberts was the foundation’s CEO before he was tapped by Heritage.Another organization, America First Legal, is headed by former Trump adviser Stephen Miller. It has been filing lawsuits that boost Trump and other conservatives on issues like election fraud, diversity programs, public records disputes and government overreach. Miller could return to the Trump administration, but it’s likely the group will remain an outside rightwing legal monitor to help the incoming president.What could Trump’s policies be?Project 2025’s sprawling “mandate for leadership” details in 900-plus pages how each government agency could be altered under a conservative president. The project includes a database of potential hires and a training program for those who could staff a Trump administration, though Trump’s team has said none of the people associated with Heritage’s staffing suggestions would be hired. That would be a feat, given the extensive reach the project had – it was signed on to by more than 100 conservative groups, and many of those who wrote chapters or otherwise contributed had played some kind of role in the previous Trump administration.The project’s biggest suggestion is to designate exponentially more federal government employees as political appointees rather than non-partisan civil servants. It also wants to downsize the government. Trump’s plan also involves downsizing the federal government, something he tried to start implementing near the end of his first term.The project suggests many ways to restrict immigration, both through beefed-up border security and through limiting legal immigration programs for groups like students and low-skilled workers. That’s another pillar for Trump, who made mass deportations a central theme of his campaign.skip past newsletter promotionafter newsletter promotionOn education, the project wants to get rid of the Department of Education and increase the use of vouchers that use public money for private schools – both of which Trump has suggested as well. Conservatives have sought the dismantling of the department for decades, so far without success.Most chapters of Project 2025 mention discarding any programs that promote LGBTQ+ rights and diversity. Trump has railed against these ideals on the campaign trail, promising to root out trans women from sports and in schools.Abortion access is one area where Trump and the project could differ, though Trump’s plans for abortion have been muddled. The project wants to end federal approval of abortion pills, track abortion data and root out anything that is seen as promoting abortion as healthcare. It doesn’t call for a direct ban on the procedure, and Trump has said he wouldn’t approve of one either, but many of these policies would make access significantly more difficult.The America First Policy Institute suggests many of the same policies, though it wants to go further than Project 2025 with federal employees, the New York Times notes, by making most federal workers at-will employees who would not receive civil service protections.Other ideas the institute has pushed include, according to the Times, “halting federal funding for Planned Parenthood and for mandatory ultrasounds before abortions, including those carried out with medication. It seeks to make concealed weapons permits reciprocal in all 50 states, increase petroleum production, remove the United States from the Paris Agreement, impose work requirements on Medicaid recipients and establish legally only two genders.”A policy agenda pamphlet from the institute starts by discussing the Christian foundations of the US and imploring Christians to get involved in the government “before it’s too late”. The policy agenda for the pamphlet was written “through the lens of their biblical foundations and applications to provide Christians more information on the issues and solutions needed for the restoration of the nation”. More