Roe v Wade

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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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      ‘If Harris wins, it’s because of abortion’: election tests fallout from Roe reversal

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      Leslie Lemus’s top issue in the 2024 election is probably the economy. But she has a close second: “Them fucking with abortion.”Really, for the 26-year-old Arizona native, the two issues are one and the same. On Monday, she got an abortion at Camelback Family Planning, one of the last abortion clinics in Arizona, in large part because Lemus feels like she can’t financially care for a child right now.“I look at the world and it’s not very pretty. I’m not ready for that yet, to bring a child into the world right now, where the economy is not OK,” said Lemus, who said she lived paycheck to paycheck. Some months, she has to choose between making her car payments and paying off her credit card debt. “Everybody’s struggling left and right.”View image in fullscreenLemus is registered to vote in Maricopa county, which is home to 60% of the Arizona electorate and may determine whether Kamala Harris or Donald Trump wins the valuable swing state. Harris has made access to reproductive rights a key part of her policy platform – particularly as a contrast to Trump, who appointed three of the US supreme court justices who overturned Roe v Wade and who has toggled between branding himself as a champion of reproductive rights and as “the most pro-life president”.Lemus is a passionate supporter of Harris, who she calls “my homegirl”.Majorities of Americans have backed abortion access and Roe v Wade for decades, but it was rarely their top issue in the voting booth. Now that the US supreme court has overturned Roe, permitting more than a dozen states to ban almost all abortions and several more to ban it at six, 12, or – as in Arizona – 15 weeks, abortion may become the deciding issue of the 2024 election. It is now the most important issue for women under 45, like Lemus.“If Harris wins the election, it will be because of abortion and women voting for her in large part because of that issue,” said Tresa Undem, a pollster who’s been surveying people about abortion for more than two decades.On Monday, Camelback had about 40 patients to see; at least one had traveled in from Texas, which bans almost all abortions. Visitors to the lobby were greeted by a sign urging them to register to vote while they waited for their abortion. The sign advised: “The health of our democracy is in our hands.”‘That gives me hope’On Tuesday, Arizona will become one of 10 states where voters will decide whether to amend their state constitutions to add or expand abortion protections. (In one of those states, Nebraska, voters will vote on both a ballot measure that could expand abortion rights and on the nation’s sole anti-abortion measure.) Five of those states, including Arizona, have some kind of abortion ban on the books. If any of the measures supporting abortion rights pass, it would be the first time that a state has overturned a post-Roe v Wade ban.Democrats have long hoped these measures would boost turnout among their base, but the rosy polling for the measures in steadfastly red states indicates that a significant swath of voters are essentially splitting their votes by supporting both abortion rights and Republicans, the party that helped engineer Roe’s downfall. Although the measure looks likely to pass in Arizona, for example, polling suggests that Trump will win the state.View image in fullscreenJulio Morera helped collect signatures at the Arizona state fair in order to get the measure on the ballot. His group’s booth, he recalled, was set up next to a man who was hawking rightwing memorabilia adorned with eagles, guns and the slogan “Don’t Tread On Me”. When asked to sign the petition, the man demurred. “I got customers to think about,” he said.But at the very end of the fair, Morera said, the man added his signature.“That gives me hope that this is gonna pass,” Morera said. “There are quite a few people that may not be Democrats or left-leaning who would support this access to abortion.”A vote for Trump, however, may ultimately cancel out a vote for a ballot measure. If Trump wins the presidency, he will be able to skirt Congress and use a 19th-century anti-vice law known as the Comstock Act to ban the mailing of all abortion-related materials – which would result in a de facto national abortion ban and render these measures’ successes moot.Project 2025, an influential policy playbook for the next conservative administration, suggests using the Comstock Act to at least ban the mailing of abortion pills, which account for roughly two-thirds of US abortions. It also suggests rolling back privacy protections for abortion patients and reshaping the nation’s largest family planning program, which would curtail access to contraception, among a bevy of other anti-abortion policies.Harris, meanwhile, has forcefully defended abortion rights. “Over these past two years, the impact of Trump abortion bans has been devastating,” she told a rally in Texas in October. “We see the horrific reality that women and families face every single day.”For Lemus, abortion bans all come down to one thing: “Men being in control of women.”View image in fullscreenThe economy was not the only reason that Lemus sought an abortion on Monday. She is also worried about the mental toll of having a child. At 18, Lemus gave birth to a son who was born prematurely and died just a month after birth.“I was there with all the medical stuff, seeing my child in the incubator until he passed away,” she said quietly. Eight years later, Lemus is not ready to have another one.“We fought so hard to have choices,” she said. “Why do they feel like we can’t have a choice?”Read more of the Guardian’s 2024 US election coverage

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      Trump v Harris on key issues

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      As I vote for president, I’ll be thinking of what Amanda Zurawski told me | Sophie Brickman

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      Shortly before America’s first presidential election since the fall of Roe v Wade, I want to tell you the story of Amanda Zurawski, a bright light in the center of a perfect, horrendous storm.A little over two years ago, Zurawski was 18 weeks pregnant with her first child, a child she and her husband had conceived after a year and a half of fertility treatments. When she started leaking fluid and sought medical help, her doctors told her there was no chance the fetus would survive. But Zurawski lives in Texas, a state with some of the most restrictive abortion laws in the country: in May of the previous year, the governor, Greg Abbott, had signed into law the Texas Heartbeat Act, also known as SB8, which makes performing abortions after detection of embryonic or fetal cardiac activity, usually at six weeks, illegal. That was on top of several existing statutes. Then, in June 2022, Roe fell.And so Zurawski’s doctors told her that by the letter of the law – as far as they understood it; more on that later – in order to get the medical care she so desperately needed, either her daughter’s heart would have to stop, or her health would have to devolve into a “life-threatening situation”, something Zurawski has previous called “the most horrific version of a staring contest: whose life would end first? Mine, or my daughter’s?”Her doctors advised her not to leave a 15-minute radius of the hospital lest her situation spiral, nixing the already unfathomable idea of getting into a car or on to a plane to seek help from a less restrictive state, and risking going into septic shock in the middle of the Texas desert, or 30,000ft up in the air. So she went home to grieve her impending loss and brace for what might come – during which time, Texas’s total abortion trigger ban went into effect, which made performing an abortion punishable by life in prison. And there Zurawski sat, waiting.The next day, she developed sepsis – a condition her doctors felt was extreme enough to protect them from unintentionally violating the new law, allowing them to induce labor – and after three days in the ICU, she emerged from the experience having almost died, with her own future fertility compromised, and galvanized to make a change about the inhumane laws.“I admittedly didn’t realize the ways in which an abortion truly is just healthcare,” Zurawski told me this week when I reached her by phone during her early morning walk with her sheepadoodle, Millie, in Austin, where she lives with her husband, Josh. “I couldn’t imagine that I would ever need or want one, since I was desperately trying to have a baby.”The first moment abortion laws and her own fertility journey intersected was early on in the IVF process. The likelihood of a multiples pregnancy increases when using IVF, but as she is not able to carry multiples, her doctor had discussed the possibility of needing to perform selective reduction surgery if more than one embryo implanted, something that is currently illegal in Texas.“So I was aware that these laws could affect us, but not from the perspective that I would need it to save my life, and be denied healthcare,” she told me. When she found herself in the unimaginable situation of being turned away from the hospital by doctors who wanted to help her, but weren’t sure they could, her eyes opened, and she and Josh vowed to fight.Zurawski became the lead plaintiff in the landmark case, Zurawski v Texas, which sued the state of Texas to clarify the “medical emergency” exception in the law – a riveting and harrowing new documentary about the case follows Zurawski and two fellow plaintiffs through the legal fight – and soon found herself catapulted on to the national stage. Her natural charisma, straight talk, and tragic story calcified into a perfect trifecta with the power – so hopes Kamala Harris, who made her a campaign surrogate – of firing up the electorate.“Humanizing it is what’s really getting people to sit up and pay attention,” Zurawski told me. “When you see a face and a real human who’s been impacted by this, it’s impossible to say, ‘This is reasonable, this is exactly what we want for our country.’” She paused to take a breath. “That’s barbaric.”One of the most powerful scenes in the documentary shows Zurawski at home with her parents, her mother saying that she’s always voted Republican, but won’t after seeing her daughter almost die.“Will I say they’re converted Democrats? No!” Zurawski told me, laughing, as she huffed her way up a hill. “But I do think they are single-issue voters, at least in this election. It opened up their eyes a little bit to the legislature, and how laws are written, and how bans go into effect, and the real implications.”The real implications of, say, “medical exceptions” to a near-total abortion ban?“They don’t work! Categorically!” she scoffed, citing the multiple patient plaintiffs in her case, alongside other women who have died in our country awaiting care their doctors are prohibited, by law, from providing. “Every pregnancy is inherently unique. Where else in healthcare do we put a blanket rule over where you can and cannot receive treatment?”In her work over the years since she lost her pregnancy, she’s found that one key to changing minds lies in reframing the conversation from “pro-life” v “pro-choice” to one about healthcare access.“For 50 years, the right worked really hard to politicize and weaponize and stigmatize the word ‘abortion’,” she said. You say pro-choice or pro-life, and people are already on a side. But some of the time, she pointed out, people simply don’t understand what it means to be on one side or the other.“I’ll be at a rally, and someone will come up to me and say, ‘I didn’t realize that in 1985, when I had a D&C’” – a dilation-and-curettage surgical procedure that removes tissue from the uterus after miscarriage – “‘that’s an abortion.’ That’s the same as abortion care!”As Zurawski has crisscrossed the country, campaigning for the Harris-Walz ticket, another part of her family has also moved: her embryos. In February, the Alabama supreme court ruled that frozen embryos are “unborn children”. Zurawski, living in a state that has a similar political climate – one in which city councils have enacted abortion travel bans, in effect criminalizing the use of cities’ roads and highways to seek abortion care – panicked, and rushed to move them to a safer place.“The implications of the ruling are just staggering,” she said. But, by some estimates, she admits that moving the embryos is itself a stopgap measure. “If Trump is elected, it doesn’t matter where the embryos are, or where we are. He will unleash chaos.”She cited Project 2025, a rightwing policy manifesto for Trump’s second term that indicates plans not only to restrict birth control access and block access to abortion pills and medical equipment, but also potentially ban IVF and surrogacy in certain states.“Well, Josh and I have to use a surrogate now because of what my body went through. It’s like they’re saying, you’re out of luck!” She paused, catching her breath on the other end of the phone, perhaps reaching the top of a hill. “It could theoretically prevent us from having children.”So, what’s to be done? Watch the documentary. Share her story. Vote. Fight.

      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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      Contested state supreme court seats are site of hidden battle for abortion access

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      Abortion will be on the ballot in 10 states on Tuesday, and it’s one of the top issues in the presidential contest between Kamala Harris and Donald Trump. But it is also key to less publicized but increasingly contested races for seats on state supreme courts, which often have the last word on whether a state will ban or protect access to the procedure.This year, voters in 33 states have the chance to decide who sits on their state supreme courts. Judges will be on the ballot in Arizona and Florida, where supreme courts have recently ruled to uphold abortion bans. They are also up for election in Montana, where the supreme court has backed abortion rights in the face of a deeply abortion-hostile state legislature.In addition, supreme court judges are on the ballot in Maryland, Nebraska and Nevada – all of which are holding votes on measures that could enshrine access to abortion in their state constitutions. Should those measures pass, state supreme courts will almost certainly determine how to interpret them.Indeed, anti-abortion groups are already gearing up for lawsuits.“We’re all going to end up in court, because they’re going to take vague language from these ballot initiatives to ask for specific things like funding for all abortions, abortion for minors without parental consent,” said Kristi Hamrick, chief media and policy strategist for the powerful anti-abortion group Students for Life of America, which is currently campaigning around state supreme court races in Arizona and Oklahoma. “Judges have become a very big, important step in how abortion law is actually realized.”In Michigan and Ohio, which voted in 2022 and 2023 respectively to amend their state constitution to include abortion rights, advocates are still fighting in court over whether those amendments can be used to strike down abortion restrictions. Come November, however, the ideological makeup of both courts may flip.Spending in state supreme court races has surged since Roe fell. In the 2021-2022 election cycle, candidates, interest groups and political parties spent more than $100m, according to the Brennan Center for Justice. After adjusting for inflation, that’s almost double the amount spent in any previous midterm cycle.View image in fullscreenIn 2023, a race for a single seat on the Wisconsin supreme court alone cost $51m – and hinged on abortion rights, as the liberal-leaning candidate talked up her support for the procedure. (As in many other – but not all – state supreme court races, the candidates in Wisconsin were technically non-partisan.) After that election, liberals assumed a 4-3 majority on the Wisconsin supreme court. The court is now set to hear a case involving the state’s 19th-century abortion ban, which is not currently being enforced but is still on the books.It’s too early to tally up the money that has been dumped into these races this year, especially because much of it is usually spent in the final days of the election. But the spending is all but guaranteed to shatter records.In May, the National Democratic Redistricting Committee and Planned Parenthood Votes announced that they were teaming up this cycle to devote $5m to ads, canvassing and get-out-the-vote efforts in supreme court races in Arizona, Michigan, Montana, North Carolina, Ohio and Texas. Meanwhile, the ACLU and its Pac, the ACLU Voter Education Fund, has this year spent $5.4m on non-partisan advertising and door-knocking efforts in supreme court races in Michigan, Montana, North Carolina and Ohio. The scale of these investments was unprecedented for both Planned Parenthood and the ACLU, according to Douglas Keith, a senior counsel in the Brennan Center for Justice’s Judiciary Program who tracks supreme court races.

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      “For a long time, judicial campaign ads often were just judges saying that they were fair and independent and had family values, and that was about it. Now, you’re seeing judges talk about abortion rights or voting rights or environmental rights in their campaign ads,” Keith said. By contrast, rightwing judicial candidates are largely avoiding talk of abortion, Keith said, as the issue has become ballot box poison for Republicans in the years since Roe fell. Still, the Judicial Fairness Initiative, the court-focused arm of the Republican State Leadership Committee, announced in August that it would make a “seven-figure investment” in judicial races in Arizona, Michigan, Montana, North Carolina, Ohio and Texas.Balancing the federal benchAbortion is far from the only issue over which state courts hold enormous sway. They also play a key role in redistricting, LGBTQ+ rights, voting rights and more. And with the US Congress so gridlocked, state-level legislation and its legality has only grown in importance.For years, conservative operatives have focused on remaking the federal judiciary in their ideological image – an effort that culminated in Donald Trump’s appointments of three US supreme court justices and has made federal courts generally more hostile to progressive causes. Now, the ACLU hopes to make state supreme courts into what Deirdre Schifeling, its chief political and advocacy officer, calls a “counterbalance” to this federal bench.“We have a plan through 2030 to work to build a more representative court,” said Schifeling, who has a spreadsheet of the supreme court races that will take place across eight states for years to come. (As a non-partisan organization, the ACLU focuses on voter education and candidates’ “civil rights and civil liberties” records.) This cycle, the organization’s messaging has centered on abortion.“Nationally, you’re seeing polling that shows the top thing that voters are voting on is the economy. But these judges don’t really influence the economy,” Schifeling said. “Of the issues that they can actually influence and have power over, reproductive rights is by far the most important to voters.”Abortion rights supporters are testing out this strategy even in some of the United States’ most anti-abortion states. In Texas, where ProPublica this week reported two women died after being denied emergency care due to the state’s abortion ban, former US air force undersecretary Gina Ortiz Jones has launched the Find Out Pac, which aims to unseat three state supreme court justices.Justices Jane Bland, Jimmy Blacklock and John Devine, the Pac has declared, “fucked around with our reproductive freedom” in cases upholding Texas’s abortion restrictions. Now, Jones wants them out.“Why would we not try to hold some folks accountable?” Jones said. “This is the most direct way in which Texas voters can have their voices heard on this issue.” (There is no way for citizens to initiate a ballot measure in Texas.) The Pac has been running digital ads statewide on how the Texas ban has imperiled access to medically necessary care.However, since state supreme court races have long languished in relative obscurity, voters don’t always know much about them and may very well default to voting on party lines in the seven states where the ballots list the affiliations of nominees for the bench. Although the majority of Texans believe abortions should be legal in all or some cases, nearly half of Texans don’t recall seeing or hearing anything about their supreme court in the last year, according to Find Out Pac’s own polling.“This conversation that we’re having in Texas, around the importance of judicial races, is new for us as Democrats,” Jones said. “It’s not for the Republicans.” More

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      ‘We can win Florida’: Harris’s husband Doug Emhoff rallies for VP in red state

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      In terms of presidential elections at least, Florida has fallen a long way since its heady days as the ultimate swing state. Seven cycles on from the 537-vote cliffhanger in 2000 that was finally resolved when the US supreme court placed George Bush in the White House, Florida is so reliably red, and Donald Trump so confident of picking up its 30 electoral college votes, that he has barely campaigned here.For the same reason, the Sunshine state has not featured on Kamala Harris’s schedule either. So some eyebrows were raised when second gentleman Doug Emhoff, the vice-president’s husband, rolled up on Wednesday to rally Democrats in Fort Lauderdale and Miami, on a break from stumping in the battleground states of the north-east.Publicly, at least, Emhoff believes the state is still in play. “We can win Florida. We should win Florida!” he told a lively gathering of supporters at a Get Out the Early Vote rally at the OB Johnson Center in Hallandale Beach, a Fort Lauderdale suburb in the Democratic stronghold of Broward county.Polling would suggest otherwise: Trump leads Harris by about six points in the latest FiveThirtyEight.com average in a state he won handily in both 2016 and 2020.But even under the specter of a Florida defeat in the presidential contest, Democrats at the national and state levels see extra value in his visit because of a tighter US senate race in Florida between incumbent Republican Rick Scott and his Democratic challenger, former representative Debbie Mucarsel-Powell.Much of the sparring in that contest has been over women’s healthcare rights, and especially Amendment 4, the ballot initiative that will overturn Florida’s draconian six-week abortion ban if approved by a 60% majority.It’s an issue that has caused outrage among advocates largely because of ultra-conservative Florida governor Ron DeSantis’s efforts to interfere. He has been accused of sending law enforcement to the homes of people who signed a petition in support, illegally spending taxpayers’ money on TV ads opposing it, and threatening legal action against networks that broadcast ads supporting it.Emhoff, unsurprisingly, had thoughts. Attacking Trump as the architect of the downfall of Roe v Wade, he said: “Make no mistake, Donald Trump is no friend to women. He has proven himself to be a threat to women. Now he claims to be a friend to women. Would he protect you? Of course not. Trump is proud of it. He brags about stripping away Roe v Wade.”His comments prompted chants of: “Yes on 4!”Mucarsel-Powell was among the speakers and also addressed it. “I will protect healthcare and people with pre-existing conditions. I will stand for women, and children, to make sure we protect them against the attacks on their reproductive freedom,” she said.

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      Also on Emhoff’s agenda was gun violence, the economy and immigration, as well as the Republicans’ extremist Project 2025 agenda. He laid out how Harris would address these issues from the White House, and expressed disappointment that polling, less than two weeks from election day, showed a tightening race.“It shouldn’t be this close,” he said.Some had thought the back-to-back hurricanes, Helene and Milton, that ravaged parts of Florida in recent weeks would be addressed. Harris had sparred with DeSantis over the storms, with the governor reportedly refusing to take her calls because, he said, they “seemed political”.But Emhoff did cover a number of other familiar recent Democratic talking points in his half-hour speech, including Trump’s reported admiration for Adolf Hitler’s military generals, which, as he pointed out, Harris addressed earlier Wednesday.skip past newsletter promotionafter newsletter promotion“We really need to listen to what Donald Trump is saying, what’s coming out of his mouth. We lived through it when he was president. Somehow we got through it. This time around, he poses an even greater threat – to the economy, to women, and our very lives,” he said.“We can’t look away from this. This is as real as it gets. This is right in front of our faces. He’s completely unfit, unhinged and un-American. We need to turn the page on this chapter of American history.”He also referred to Trump’s “weird” references to Arnold Palmer, and the size of his genitalia. “What is that?” Emhoff said.Following his address in Hallandale, Emhoff headed for a Wednesday night rally and fundraiser in Coral Gablers, Miami, close to where Trump spoke directly to Latino voters earlier this week. Both sides are desperately courting south Florida’s sizeable Hispanic community in the final stages of the race.Supporters speaking before the Hallandale Beach event welcomed Emhoff’s visit. Democratic voter Anthony Hill, of Lauderdale Lakes, said it showed Democrats had not given up on Florida.“Every weekend, the Trump supporters are out here on street corners with their flags. It gets depressing,” he said. “I don’t think Kamala is going to win here, but if we can win some of the down-ballot races we can show that we’re still alive.” More

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      Melania Trump’s abortion views baffle both sides: ‘Hard to follow the logic’

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      The revelation on Wednesday evening that Melania Trump’s forthcoming memoir includes a full-throated defense of abortion rights, an issue her husband Donald Trump has repeatedly flip-flopped on during his presidential campaign, left people on both sides of the issue less than impressed.“Restricting a woman’s right to choose whether to terminate an unwanted pregnancy is the same as denying her control over her own body,” Melania Trump wrote in her memoir. “I have carried this belief with me throughout my entire adult life.”Melania Trump also defended the right to abortion later on in pregnancy – a procedure that her husband has repeatedly demonized. (Less than 1% of abortions occur at or past 21 weeks of gestation.)“Sadly for the women across America, Mrs. Trump’s husband firmly disagrees with her and is the reason that more than one in three American women live under a Trump abortion ban that threatens their health, their freedom and their lives,” Harris campaign spokesperson Sarafina Chitika said in an email. “Donald Trump has made it abundantly clear: If he wins in November, he will ban abortion nationwide, punish women and restrict women’s access to reproductive health care.”Melania Trump’s remarks also took anti-abortion activists by surprise.“It’s hard to follow the logic of putting out the former First Lady’s book right before the election undercutting President Trump’s message to pro-life voters,” Kristan Hawkins, president of the powerful Students for Life of America, posted on Twitter/X on Wednesday night. “What a waste of momentum.”Over the last several weeks, anti-abortion activists have grown increasingly fed up with the former president, who has struggled, alongside the rest of the Republican party, to redefine his messaging on abortion rights amid outrage over the overturning of Roe v Wade.Earlier in his campaign, Trump bragged about appointing three of the US supreme court justices who voted to overturn Roe, branded himself the “most pro-life president ever”. After Kamala Harris became the presidential nominee, however, Trump has pledged that his administration “will be great for women and their reproductive rights” as well as vowed not to sign a national abortion ban – just weeks after refusing to say that he would veto one.Melania Trump’s comments may feel like a further insult to the anti-abortion voters who feel abandoned by Trump, said Republican campaign strategist Liz Mair, adding anti-abortion advocates run potent get-out-the-vote operations. Those advocates were key to Trump’s 2016 victory.“This might be just another thing that piles on to make pro-lifers think: ‘I just can’t with this guy.’ A lot of them were single-issue voters anyway,” Mair said. “He’s not really giving them much of an incentive to show up and do anything to his benefit.”When Tresa Undem, a pollster who has surveyed people about abortion for more than two decades, heard the comments, she immediately thought: “Wow”. Then she thought: “It’s a campaign move.”However, Undem is not sure who, exactly, the move is for – especially given the Trumps’ sometimes frosty relationship in public. Melania Trump has rarely aired her political views and has largely vanished from Donald Trump’s 2024 campaign.The odds of Melania Trump’s comments comforting moderate or conservative voters who support abortion rights are “fairly slim”, Undem said.“These strong feelings – they did not suddenly appear this year, right? So she clearly has had no influence on him when it comes to policy related to abortion,” Undem said. “I don’t think she’s ever been positioned, or voters ever think of her, as having any kind of policy position or weight or influence on Trump.” More

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      Where will abortion be on the ballot in the 2024 US election?

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      This November, abortion will be on the ballot in 10 states, including the states that could determine the next president.In the two years since the US supreme court overturned Roe v Wade, abortion has become the kind of issue that decides elections. Outrage over Roe’s demise led Republicans to flounder in the 2022 midterms, and abortion rights supporters have won every post-Roe abortion-related ballot measure, including in red states such as Ohio, Kentucky and Kansas.This year, most of the ballot measures are seeking to amend states’ constitutions to protect abortion rights up until fetal viability, or about 24 weeks of pregnancy. Because a number of the measures are in states that have outlawed abortion, they could become the first to overturn the post-Roe ban. Others are in states where abortion is legal, but activists say the measures are necessary to cement protections so they can’t be easily overturned if Republicans control the government.These are the states slated to vote on abortion this election day.ArizonaAbortion rights supporters in Arizona, a key battleground state in the presidential election, are vying to pass a measure that would enshrine the right to abortion up until viability in the state constitution. A provider could perform an abortion after viability if the procedure is necessary to protect the life or physical or mental health of a patient.Arizona currently bans abortion past 15 weeks of pregnancy. Earlier this year, the state supreme court reinstated a 19th-century near-total abortion ban, generating nationwide outrage that prompted the state legislature to quickly repeal it in favor of letting the 15-week ban stand.ColoradoColorado’s measure would amend the state constitution to block the state government from denying, impeding or discriminating against individuals’ “right to abortion”. This measure also includes a one-of-a-kind provision to bar Colorado from prohibiting healthcare coverage for abortion – which could very well pass in the deep-blue state.Because Colorado permits abortion throughout pregnancy and neighbors five states with bans – Oklahoma, Texas, Arizona, Utah and Nebraska – the state has become a haven for people fleeing abortion bans, especially those seeking abortions later in pregnancy.FloridaOnce the last stronghold of southern abortion access, Florida in May banned abortion past six weeks of pregnancy, which is before many women know they’re pregnant. Its measure, which needs 60% of the vote to pass, would roll back that ban by adding the right to an abortion up until viability to the state’s constitution. Providers could perform an abortion after viability if one is needed to protect a patient’s health.Florida Republicans’ tactics in the fight against the measure has alarmed voting rights and civil rights groups. Law enforcement officials have investigated voters who signed petitions to get the measure onto the ballot, while a state health agency has created a webpage attacking the amendment.MarylandLegislators, rather than citizens, initiated Maryland’s measure, which would amend the state constitution to confirm individuals’ “right to reproductive freedom, including but not limited to the ability to make and effectuate decisions to prevent, continue, or end the individual’s pregnancy”. Like Colorado, Maryland has become an abortion haven because it permits the procedure throughout pregnancy. It is also relatively close to the deep south, which is blanketed in bans. MissouriAbortion opponents went to court to stop Missouri’s measure from appearing on voters’ ballots, but the state supreme court rejected their arguments and agreed to let voters decide whether the Missouri constitution should guarantee the “fundamental right to reproductive freedom, which is the right to make and carry out decisions about all matters relating to reproductive healthcare, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions”.Missouri, which was the first state to ban abortion after Roe fell, only permits the procedure in medical emergencies. If the measure passes, it is expected to roll back that ban and permit abortion until viability.MontanaIn the years since Roe fell, Montana courts and its Republican-dominated legislature have wrestled over abortion restrictions and whether the right to privacy embedded in Montana’s constitution includes the right to abortion. Abortion remains legal until viability in Montana, but the measure would amend the state constitution to explicitly include “a right to make and carry out decisions about one’s own pregnancy, including the right to abortion” up until viability. Providers could perform an abortion after viability to protect a patient’s life or health.NebraskaNebraska, which bans abortion past 12 weeks of pregnancy, is the lone state with two competing ballot measures this November. One of the measures would enshrine the right to abortion up until viability into the state constitution, while the other would enshrine the current ban. If both measures pass, the measure that garners the most votes would take effect.NevadaAlongside Arizona, Nevada is one of the most closely watched states in the presidential election. Its measure would amend the state constitution to protect individuals’ right to abortion up until viability, or after viability in cases where a patient’s health or life may be threatened. Nevada already permits abortion up until 26 weeks of pregnancy.New YorkNew York state legislators added a measure to the ballot to broaden the state’s anti-discrimination laws by adding, among other things, protections against discrimination on the basis of “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health”.Although sky-blue New York passed a law protecting reproductive rights in 2019, advocates say this measure could be used to defend abortion rights against future challenges. However, the ballot language before voters will not include the word “abortion”, leading advocates to fear voters will not understand what they are voting on. Democrats pushed to add the word “abortion” to the description of the measure, but a judge rejected the request, ruling that the amendment poses “complex interpretive questions” and its exact impact on abortion rights is unclear.South DakotaSouth Dakota’s measure is less sweeping than other abortion rights measures, because it would only protect the right to abortion in the first trimester of pregnancy. Under this measure, South Dakota could regulate access to abortion “only in ways that are reasonably related to the physical health of the pregnant woman” in the second trimester of pregnancy. In the third trimester, the state could ban abortion except in medical emergencies. Right now, South Dakota only allows abortions in such emergencies.Although this measure will appear on the ballot, there will be a trial over the validity of the signatures that were collected for it. Depending out the outcome of the trial, the measure – and any votes cast for it – could be invalidated. More

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      Kamala Harris decries Trump’s abortion comments in first solo TV interview

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      Kamala Harris sat for her first solo interview as the Democratic presidential nominee on Wednesday, laying out her plan to boost the middle class and condemning her rival Donald Trump on his comments over abortion.During the interview with MSNBC’s Stephanie Ruhle, which was held in Pittsburgh, Pennsylvania, the vice-president painted Trump as a candidate focused on the rich at the expense of the middle class, and herself as better equipped to handle the economy.“The top economists in our country have compared our plans and say mine would grow the economy, [and] his would shrink it,” she said during the interview.On his economic record, Harris said: “Donald Trump made a whole lot of promises that he did not meet.”Harris also showed disdain over Trump’s comments over abortion, expressing he needs to trust women to make their own reproductive decisions. Her comments came after Trump, at a Pennsylvania rally, called himself a “protector” of women, claiming American women will not be “thinking about abortion” if he is elected.“Donald Trump is also the person who said women should be punished for exercising a decision that they, rightly, should be able to make about their own body and future,” Harris said.On a lighter note, Harris confirmed that she worked at McDonald’s, pushing back against Trump’s allegations that she did not.“Part of the reason I even talk about having worked at McDonald’s is because there are people who work at McDonald’s who are trying to raise a family,” she said, alluding to her economic policy plan to help working-class families.“I think part of the difference between me and my opponent includes our perspective on the needs of the American people and what our responsibility, then, is to meet those needs,” Harris added.The interview comes at a time when Harris faces harsh criticism over the lack of media interviews she has done. Earlier this month, Axios reported that the Harris-Walz campaign has so far given fewer interviews than any other candidates in modern history.Trump and JD Vance, the Republican vice-presidential pick, have used it as ammunition during their campaign speeches. On X, Vance responded to news of Harris’s interview by saying: “This is legitimately pathetic for a person who wants to be president. Ruhle has explicitly endorsed Harris. She won’t ask hard Qs. Kamala runs from tough questions because she can’t defend her record. If you want open borders and high groceries, vote for status quo Kamala.”In August, Harris was interviewed on CNN alongside Walz. The interview was hosted by Dana Bash and was aired as a one-hour primetime special. After the interview, Republicans criticized the joint interview with Walz for being pre-recorded and not live.Since then, Harris has given a handful of interviews, mostly with local outlets or more niche forums, including an appearance with Stephanie “Chiquibaby” Himonidis, a Spanish-language radio host and podcaster.Harris also appeared in a live-streamed “Unite For America” event with supporters hosted by Oprah Winfrey last week. More