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    Ohio’s partisan supreme court election could decide abortion’s future in state

    AnalysisOhio’s partisan supreme court election could decide abortion’s future in statePoppy NoorThe midterms include key elections to the state’s highest court as the judicial system becomes increasingly politicized In Ohio, a highly partisan fight over three state supreme court seats could determine the political direction of the court on a slew of important issues – particularly abortion.With the US supreme court increasingly handing issues such as voting rights, abortion, gun rights and gerrymandering back to the states, state supreme court races are becoming more important than ever.Abortion on the ballot: here are the US states voting on a woman’s right to chooseRead moreFew states illustrate how political these courts are becoming better than Ohio, where justices’ party affiliation will be listed on the ballot for the first time in the 8 November election, and where the justices on that court will soon determine the fate of the state’s six-week abortion ban that has been blocked and unblocked by lower courts since Roe v Wade was overturned early in the summer. Abortion is currently legal in the state up to 22 weeks, as the ban is being litigated.As a result of the stakes, more cash is also pouring into state supreme court races around the country from political action committees associated with the national parties. Fair Courts America, a Pac associated with the Republican party, has pledged $22.5m for state supreme court races this election cycle, to support conservative judicial candidates in Kentucky, Illinois, Louisiana, Michigan, North Carolina, Ohio and Texas.In Kentucky, that same Pac has donated $1.6m to three conservative judges vying for election. One of those judges, Joe Fischer, is a former Republican congressman who was the key sponsor of the state’s trigger ban on abortion that went into effect when Roe was overturned, as well as an anti-abortion referendum that’s being put to Kentucky voters next week.“People used to spend all their time looking at the federal constitution for protections, particularly when it came to individual rights. But now the US supreme court is basically saying these matters are better left resolved in the state courts and their state constitutions,” explains Bill Weisenberg, a former assistant executive director of the Ohio State Bar Association.In Ohio, after Roe fell, ending the federal constitutional right to abortion, the state implemented a ban on abortion after six weeks of pregnancy. That ban is currently being blocked by a lower state court, but ultimately, it will land with the state supreme court. And the election of certain justices will be pivotal in determining the future of the ban.The seven-justice Ohio supreme court currently has four Republican justices and three Democratic justices. The current chief justice, Maureen O’Connor, a Republican, is not seeking re-election this year because of age limits, so two other sitting justices, Republican Sharon Kennedy and Democrat Jennifer Brunner, will battle it out to replace her in the top spot. Two incumbent Republican justices, Pat DeWine and Pat Fischer will face Democratic challengers Marilyn Zayas and Terri Jamison, for seats on the court.O’Connor, the chief justice who is standing down, was a Republican-affiliated judge who was happy to break with the party line on issues such as gerrymandering. She has never openly indicated where she stands on abortion.But all three Republican justices up for election on Tuesday have stated on candidate surveys that they believe there is no constitutional right to abortion, according to local news, meaning their elections could strike a fatal blow to abortion rights in Ohio.They also came under fire in September for attending a Trump rally where the former president repeated baseless claims about the 2020 election being stolen, and for subsequently refusing to confirm that the results of the 2020 election were valid. One of those justices – Pat DeWine – is also under scrutiny for having liked a tweet promoting a conspiracy theory about the violent attack on the husband of the House speaker, Nancy Pelosi, asking “what are they hiding?” He has since said he clicked “like” inadvertently.Meanwhile, Zayas, Jamison and Brunner have publicly stated that they believe the Ohio constitution protects the right to abortion.Weisenberg cautions that neither political affiliation, nor what a justice indicates of their views before their election, are watertight indicators for how they will rule once they are on the supreme court. “People are surprised sometimes when they read the opinion and it’s not in keeping with where they thought the justice would lean, or what they had said on a prior occasion,” he said.Indeed, the US supreme court justices Brett Kavanaugh and Samuel Alito indicated they believed the constitutional right to abortion was settled precedent before being confirmed to the court.TopicsOhioAbortionReproductive rightsRoe v WadeUS justice systemUS midterm elections 2022US politicsanalysisReuse this content More

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    A new generation of voters empowered by Roe: Politics Weekly America – podcast

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    Poppy Noor has been looking into how the US Supreme Court’s decision to overturn Roe v Wade back in June might influence midterm elections this November.
    She tells Jonathan Freedland that after Kansas voters chose to keep abortion legal in their state in a surprise result last month, she spoke to three people in Michigan about why they’re canvassing to get more voters registered before a similar ballot on reproductive rights.

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    Subscribe to The Guardian’s new six-part series Can I Tell You a Secret? on Apple, Spotify, or wherever you get your podcasts Send your questions and feedback to podcasts@theguardian.com Help support the Guardian by going to theguardian.com/supportpodcasts More

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    Democratic members of Congress arrested during pro-choice protest

    Alexandria Ocasio-Cortez and House colleagues arrested during pro-choice protest The legislators were engaged in peaceful civil disobedience against the loss of abortion rights in front of the supreme court Several prominent Democratic members of Congress were arrested on Wednesday during a protest in support of abortion rights in front of the supreme court, in the aftermath of the historic overturning of Roe v Wade last month.The politicians gathered in front of the US Capitol before marching to the court building, chanting “our bodies, our choice” and “we won’t go back”.The group, which included the prominent progressives Alexandria Ocasio-Cortez, Ilhan Omar, Rashida Tlaib and Cori Bush, proceeded to stand along a crosswalk, or pedestrian crossing area, in front of the court, which is surrounded by a large black fence claimed to be unclimbable and erected to keep protesters away.Happening rn: MOCs & EDs of orgs across the country are risking arrest at the Capitol. #BansOffOurBodies @CPDAction pic.twitter.com/Cl9ldc9iBf— Maegan LLerena 🦋 (@maeganllerena) July 19, 2022
    The group sat down in the middle of the street as an act of peaceful civil disobedience, as a group of police officers gathered around them, broadcasting a pre-recorded message announcing imminent arrest for blocking the street.The officers then began to arrest the lawmakers, cuffing them and leading them to an area taped off away from the street.Multiple members of Congress, including @AOC, being arrested by Capitol Police for blocking traffic outside the Supreme Court in abortion rights demonstration: pic.twitter.com/fysQN1oBAw— Andrew Solender (@AndrewSolender) July 19, 2022
    A livestream of the protest was posted online by CPD Action, the protest-centered arm of the Center for Popular Democracy, a social justice organization, which coordinated the direct action.CPD Action said 18 members of Congress were arrested. Seventeen were women. Andy Levin of Michigan was the sole congressman among them.In a statement, Carolyn Maloney, a Democrat from New York who was also arrested, said: “I have the privilege of representing a state where reproductive rights are respected and protected – the least I can do is put my body on the line for the 33 million women at risk of losing their rights.”Jackie Speier, a representative from California who was also arrested, said on Twitter: “Proud to march with my Democratic colleagues and get arrested for women’s rights, abortion rights, the rights for people to control their own bodies and the future and our democracy.”Reps. Jackie Speier and Carolyn Maloney getting arrested pic.twitter.com/c1AP7ILHDu— Nancy Vu (@NancyVu99) July 19, 2022
    It has been less than a month since the supreme court overturned the landmark 1973 Roe v Wade ruling, which protected the right to an abortion under the constitution. Abortion is now banned or under threat of being banned in 60% of states.Backlash against the supreme court, which is now dominated by six conservative justices, including three appointed by Donald Trump, intensified in May when a draft of the decision to overturn Roe was leaked. Soon after, the court installed the 7ft security fence.Immediately after the release of the official decision, massive protests swept the US from New York to Los Angeles, including in large cities of Republican-led states such as Missouri and Texas.Joe Biden has announced and the House has since passed bills offering federal protections – but these are largely symbolic as long as the Senate is all but certain to reject such legislation, and as the individual states now have the right to dictate abortion regulation.Analilia Mejia, co-executive director of the Center for Popular Democracy Action, said the protest “sent a powerful message to Republican lawmakers and [the supreme court]: we will not back down.“Our rights, our freedoms, and our reproductive autonomy matters. Abortion is healthcare and a human right – and you don’t represent the vast majority of Americans who believe we, not the government, should dictate our own health decisions.”Polling shows consistent majorities in favor of abortion being legal in at least some cases.Mejia said: “We will not stop fighting for the world our communities deserve – one that honors our right to decide our futures.”TopicsAbortionProtestReproductive rightsUS politicsDemocratsnewsReuse this content More

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    How GOP lawmakers are prepping to ban abortion as soon as legally possible

    How GOP lawmakers are prepping to ban abortion as soon as legally possibleThe supreme court’s draft opinion overturning Roe v Wade gave lawmakers a head start to impose new regulations on clinics and medication This story was originally published by The 19th.Following Monday night’s leak of a supreme court draft opinion that would overrule Roe v Wade, the 1973 case that guaranteed the right to an abortion, Republican state lawmakers are working to make sure they are ready to limit access as soon as is legally permissible.The language of the court’s decision will probably change at least somewhat when it is ultimately issued by the end of June. But its central, top-line declaration – a 5-4 majority issuing a clear, unequivocal overturning of Roe – is widely expected to remain.Here is what Republican state lawmakers across the country are doing in the lead-up to the decision to assure that abortion restrictions will swiftly go into effect.Looking to courtsMost state legislatures have already ended their law-making sessions, or are past the point in the year where they can introduce new bills. So in many Republican-led states, lawmakers are getting ready to enforce laws that have already been passed and were then blocked by state and federal judges who had cited Roe v Wade’s federal protections. Without those protections, the rulings could be revisited.‘Unnecessary suffering and death’: doctors fear for patients’ lives in a post-Roe worldRead moreA law imposing new regulations on abortion clinics in Kentucky, medication abortion restrictions in Montana, and six-week abortion bans in states like Georgia, Ohio and South Carolina – these are some of the restrictions that have been blocked by courts.A decision overturning Roe could open up those laws to be newly enforced. But first, each state’s attorney general would have to formally ask courts to undo their decisions blocking them.Some officials are already doing just that. On Tuesday, the day after the supreme court’s draft decision leaked, Ohio’s Governor Mike DeWine, a Republican up for re-election this year, said he had directed the state’s attorney general to get their six-week abortion ban reinstated if Roe is overturned.A spokesperson for South Carolina’s governor did not respond to a request for comment. Andrew Isenhour, a spokesperson for Georgia’s Governor Brian Kemp, another Republican, would not directly answer whether Kemp will seek to reinstate that state’s six-week ban.But, he told The 19th, Kemp “has been been and remains focused on defending Georgia’s strong pro-life legislation against legal challenges”.“Trigger laws” would ban abortion once Roe is overturned but usually require some kind of state action – certification from the governor, the attorney general or an independent legislative council asserting that Roe has, in fact, been struck down – before they can take effect.The leak has given state officials a head start to prepare briefing materials and court documents that allow them to swiftly implement the bans. So far, 13 states have already passed trigger bans that could take effect after Roe is overturned.A push for new billsBecause most state legislatures are no longer in session – and since many have already passed so many kinds of abortion bans – only a few states are looking at passing new abortion restrictions.In Ohio, where the legislature meets year-round, lawmakers are weighing their own state trigger ban, which DeWine indicated he would sign.And on Wednesday, a legislative committee in Louisiana voted favorably on a bill that previews where the abortion fight could go next: House Bill 813 would reclassify abortion as homicide and, unlike most other abortion bans, extend criminal penalties to the pregnant person.The bill’s backers acknowledge it is probably unconstitutional under the current Roe v Wade guidance. But without Roe, things could look very different.Historically, anti-abortion lawmakers have been hesitant to pass laws punishing pregnant people, focusing instead on healthcare professionals who perform abortions. It’s unclear if other states will follow Louisiana’s lead, said Mary Ziegler, an abortion law researcher and professor.“On the one hand these are states that have reasons to not punish women and pregnant people, but I think the pressure is going to increase. And once somebody else is first it may be easier for other states to follow,” Ziegler said. “I imagine there’s going to be a real debate.”Special sessionsGovernors can also call in special legislative sessions this summer to pass new anti-abortion laws. So far, no governors have publicly committed to doing so.In Indiana, the state’s Republican lawmakers – who control both branches of the statehouse – have publicly urged the governor to call a special session if Roe is overturned.The state does not yet have a trigger law, and currently allows abortions up until 20 weeks of pregnancy. But Indiana’s lawmakers have a strong record of opposing abortion rights. Per the Guttmacher Institute, which tracks abortion policy, the state has passed 55 new restrictions on the procedure in the past decade, and is expected to heavily limit or ban access once Roe is overturned.Supreme court abortion law leak: what happened and why does it matter?Read moreLawmakers in Nebraska are also warning of a possible special session once Roe is overturned. Efforts to pass a trigger law failed this past year, though the governor – who has not yet committed to calling back state legislators – said he supports such an abortion ban.In Florida, Governor Ron DeSantis has already planned to call the legislature back into session, but with a mandate to focus on property insurance policy. Since Monday night, though, local abortion opponents have been calling on DeSantis to add an abortion ban to the legislature’s to-do list.Florida passed a 15-week abortion ban earlier this year, but efforts to enact a six-week ban never took off. DeSantis, who is widely believed to be planning a presidential run in 2024, has been noncommittal on whether he will pursue tighter abortion bans. And total abortion bans are less popular in Florida than in other Republican-led states, Ziegler noted.But even if not this summer, Glenn said, Florida could emerge as a priority state for abortion opponents in the coming years, along with states such as Montana, Iowa and Kansas, which have recently embraced more abortion restrictions but are not prepared to ban access once Roe is overturned. In both Iowa and Kansas, the state supreme courts have held that their constitutions protect abortion rights, but abortion opponents in both states are trying to pass amendments that would remove those protections.“There will be those states in the middle,” she said. “And like we saw here in Florida this year, there will be much more of an opportunity for the legislative process and people in the state to weigh in.”TopicsAbortionReproductive rightsRoe v WadeUS politicsfeaturesReuse this content More

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    The Guardian view on the Texas abortion ban: this is not the end | Editorial

    OpinionAbortionThe Guardian view on the Texas abortion ban: this is not the endEditorialThe supreme court’s refusal to block the law marks a grave blow to the freedom and safety of women Thu 2 Sep 2021 13.45 EDTLast modified on Thu 2 Sep 2021 14.31 EDTThe cruel, vindictive and dangerous law that has taken effect in Texas is much more than the most extreme anti-abortion legislation in the United States. To many, it understandably feels like the beginning of the end – denying women the rights enjoyed under the landmark Roe v Wade ruling, which established that abortion is legal before the foetus is viable outside the womb, at around 24 weeks. It will further embolden the religious right. Though polling suggests the majority of Americans believe that terminations should be legal in most or all cases, this is already the worst ever legislative year for restrictions.But it is better understood as the end of the beginning. The right to abortion has, in practice, been systematically dismantled through methods ranging from intimidation to cynical regulation. This moment is the culmination of the first stage in a decades-long war on the rights of women, made possible by Donald Trump’s appointment of judges known to support restricting reproductive rights. A divided supreme court refused to block the legislation while the legal battle over it plays out.This is a near-total abortion ban, with an exemption only for medical emergencies. The six-week limit in practice applies not from fertilisation, but from six weeks after a woman’s last period, used by doctors to date pregnancies – when most women will not even know they are pregnant. Up to 90% of the state’s procedures happened after that time. International evidence, and America’s own past, testifies that it will not stop abortions. It will push them underground, endangering women’s health and lives. It is an attack on the rights of all women, but above all will punish those who are poor and black, who already struggled to access services and will not be able to travel outside the state easily. It will hurt women who want to control their own bodies, including survivors of incest, rape and abuse. Many states have enacted similar laws, which have been blocked. But this one is especially egregious. It has used the architecture of the state to promote the rule of the mob. It prohibits officials from enforcing it, instead deputising ordinary citizens to sue anyone for suspected violations. While designed this way to make legal challenges harder, it is part of the broader turn of Trump Republicans towards vigilantism and away from democratic institutions. By promising a $10,000 bounty to anyone who sues successfully, it encourages the greedy as well as vindictive ex-partners and zealots to act. Not only abortion providers, but anyone who “aids and abets” an abortion is liable; it appears that even someone who drives a woman to a clinic could be targeted. There is no redress against malicious suits, even in cases where the plaintiff has a past history of similar claims. The result is that doctors and providers who comply with the law can still be put out of business by vexatious claims.Justice Sonia Sotomayor’s blistering dissent attacked the supreme court’s inaction in the face of “a breathtaking act of defiance – of the constitution, of this court’s precedents and of rights of women seeking abortions throughout Texas”. But she is in the minority as the court prepares to rule on a separate case – Mississippi’s ban on most abortions after 15 weeks – which anti-abortion activists see as a chance to overturn Roe v Wade. If that happens, bans will automatically come into force under trigger statutes enacted by multiple states. Others would be able to enforce pre-Roe v Wade bans that remain on their books.This law, like the wider anti-abortion drive, hurts women’s freedom, their health and even their lives. It has been achieved through the relentless efforts of activists who are not merely egging on but also funding others around the world. Meeting and defeating these challenges will require an equally committed, comprehensive and ambitious campaign. The opponents of women’s freedom will not stop. Defenders cannot either. This law will galvanise them.TopicsAbortionOpinionWomenUS supreme courtHealthRepublicansUS politicsLaw (US)editorialsReuse this content More

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    White House calls Texas abortion law an 'extreme threat’ – video

    ‘This is not the first threat to Roe we’ve seen in a state across the country. It’s an extreme threat,’ the White House press secretary, Jen Psaki, said after one of the most restrictive state abortion laws went into effect in Texas. Psaki said the Biden administration would fight to protect the constitutional right to abortion as laid out in the landmark Roe v Wade case

    Biden condemns Texas abortion law that ‘blatantly violates’ constitution – live
    Democrats condemn supreme court for failing to block Texas abortion law
    Most extreme abortion law in US takes effect in Texas More

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    Biden move to refund UN population agency is 'ray of hope for millions'

    The decision by US president Joe Biden to refund the UN population fund, UNFPA, offers “a ray of hope for millions of people around the world”, said the agency’s executive director.
    Dr Natalia Kanem said the announcement on Thursday would have an “enormous” impact on the agency’s work, particularly as the world continues to grapple with the coronavirus pandemic.
    In 2017, the Trump administration halted funding to the UNFPA, claiming it supported coercive abortion and involuntary sterilisation – claims strongly denied by the agency.
    The US was one of the agency’s largest funders. In 2016, it provided $69m (£50m) to support its work in more than 150 countries.
    “Ending funding to UNFPA has become a political football, far removed from the tragic reality it leads to on the ground. Women’s bodies are not political bargaining chips, and their right to plan their pregnancies, give birth safely and live free from violence should be something we can all agree on,” said Kanem.
    She added that the pandemic had hit particularly hard the vulnerable communities in which the UNFPA works. “US support will be instrumental in helping us build back better and fairer.”
    US secretary of state Antony Blinken said his department would appropriate $32.5m to support the UNFPA this year.
    “UNFPA’s work is essential to the health and wellbeing of women around the world and directly supports the safety and prosperity of communities around the globe, especially in the context of the global Covid-19 pandemic,” he said.
    Blinken also confirmed that the US would withdraw its support for the “Geneva Consensus Declaration” – an anti-abortion policy introduced last year by the then secretary of state Mike Pompeo, and signed by more than 30 countries, including Brazil, Hungary and Uganda.
    “The United States is re-engaging multilaterally to protect and promote the human rights of all women and girls, consistent with the longstanding global consensus on gender equality and sexual and reproductive health and reproductive rights,” said Blinken. More