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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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    Slew of trigger laws kick in as three more US states ban abortions

    Slew of trigger laws kick in as three more US states ban abortionsTennessee, Texas and Idaho join eight other states as millions of women will lose access to abortion and in certain cases doctors will be punished for performing procedure A slew of trigger bans across three US states kicked in on Thursday as Tennessee, Texas and Idaho join eight other states that have formally outlawed abortion since the supreme court overturned Roe v Wade in June.Depending on the state, trigger laws are designed to take effect either immediately following the overturn of Roe or 30 days after the supreme court’s transmission of its judgment, which took place on 26 July.Currently, nearly one in three women between the ages of 15 to 44 live in states where abortion has been banned or mostly banned. According to data obtained by the US census, that is nearly 21 million women affected.“More people will lose abortion access across the nation as bans take effect in Texas, Tennessee and Idaho. Vast swaths of the nation, especially in the south and midwest, will become abortion deserts that, for many, will be impossible to escape,” Nancy Northup, CEO of the Center of Reproductive Rights, said in a statement.“Evidence is already mounting of women being turned away despite needing urgent, and in some cases life-saving, medical care. This unfolding public health crisis will only continue to get worse. We will see more and more of these harrowing situations, and once state legislatures reconvene in January, we will see even more states implement abortion bans and novel laws criminalizing abortion providers, pregnant people, and those who help them,” she added.Thursday’s trigger bans strip away the right to abortion access for millions of women in Tennessee, Texas and Idaho and in certain cases punish doctors and healthcare providers for performing the procedure.In Tennessee, the state’s previous abortion law that bans the procedure after six weeks of pregnancy has been replaced with a stricter law. Aside from the exception of preventing the mother’s death or permanent bodily injury, the law bans abortion completely. It does not make any exceptions for victims of incest or rape.The law, called the Human Life Protection Act, makes it a felony for those who are caught performing or attempting to perform an abortion. Consequences include fines, prison time and the loss of voting rights.According to the law, abortions are prohibited from being performed based on mental health claims, including claims that the woman may “engage in conduct that would result in her death or substantial and irreversible impairment of a major bodily function”.Texas, which already passed one of the nation’s strictest abortion laws last yearbanning the procedure beyond six weeks of pregnancy and offering no exceptions for incest or rape, will see a new trigger law take effect that makes the provision of abortion a first-degree felony. Consequences include life sentences and a civil penalty of $100,000 for each violation.“The criminal penalties will further chill the provision of care to women who need it,” Elisabeth Smith, director of state policy and advocacy for the Center of Productive Rights, told the Washington Post.Texas’s trigger ban comes a day after a federal judge in the state blocked an order from the Biden administration issued in the wake of the supreme court’s overruling of Roe that required hospitals to provide emergency abortions.According to Judge James Hendrix, a Donald Trump-appointee, the US Department of Health and Human Services overreached in its guidance interpreting the Emergency Medical Treatment and Active Labour Act. The 1986 law, also known as Emtala, requires people to receive emergency medical care regardless of their ability to pay for the services.“That guidance goes well beyond EMTALA’s text, which protects both mothers and unborn children, is silent as to abortion, and preempts state law only when the two directly conflict,” Hendrix wrote in a 67-page ruling.The White House press secretary, Karine Jean-Pierre, condemned the decision, calling it a “a blow to Texans”, and adding, “It’s wrong, it’s backwards, and women may die as a result. The fight is not over.”Abortions in Idaho were previously limited to a six-week period into pregnancy. However, Thursday’s trigger law completely prohibits abortion with the exceptions of reported cases of rape and incest and to prevent the death of the mother – but not necessarily to safeguard her health.The ban makes performing an abortion in any “clinically diagnosable pregnancy” a felony that is punishable by up to five years of jail time.Despite the sweeping ban, an Idaho judge barred the state at the 11th hour from enforcing its abortion ban in medical emergencies, making the ruling the exact opposite of Hendrix’s decision in Texas. The ruling from federal judge Lynn Winmill on Wednesday evening says that the state cannot prosecute anyone who performs an abortion in an emergency medical situation.“At its core, the supremacy clause says state law must yield to federal law when it’s impossible to comply with both. And that’s all this case is about,” Winmill wrote. “It’s not about the bygone constitutional right to an abortion,” he added.With such conflicting rulings, both cases could be appealed and the supreme court may be asked to intervene.TopicsRoe v WadeUS supreme courtAbortionRepublicansUS politicsTennesseeTexasnewsReuse this content More

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    Republicans thought they had midterms in the bag. Voters just rejected them again | Lloyd Green

    Republicans thought they had midterms in the bag. Voters just rejected them againLloyd GreenTuesday’s special election in New York state was more evidence that voters are furious about Republican attacks on abortion rights – and going to the polls to boost Democrats Abortion and Donald Trump will both appear on November’s ballot. On Tuesday, Pat Ryan, a Democrat and a decorated Iraq war veteran, upset Republican Marc Molinaro in a special congressional election in New York’s Upper Hudson Valley. Ryan won 52-48 after pre-election polls had painted him as the clear underdog.“This is a huge victory for Dems in a bellwether, Biden +1.5 district,” according to Dave Wasserman, the doyen of congressional-race watchers, with the key words being “huge” and “bellwether”. Said differently, Republican efforts to convert the contest into a referendum on the Democrats and inflation failed.On the campaign trail Ryan made abortion a central issue. “Choice is [on] the ballot, but we won’t go back,” he posted to Facebook hours before the polls opened. “Freedom is under attack, but it’s ours to defend.”Usually, midterms spell disaster for the “in” party that controls the White House. From the looks of things, 2022 may be different.There is a clear backlash against the US supreme court’s evisceration of the rights to privacy and personal autonomy. At the same time, nonstop reports of Trump’s mishandling of top-secret documents, and possible obstruction of justice charges against the 45th president, cloud his party’s future.The end of Roe v Wade is not the blessing Republicans had assumed it would be. Looking back, the defeat of Kansas’s anti-abortion referendum was not a one-off event.For the court’s majority, it appears that being “right” was more important than being smart. Ginni Thomas’s husband and four of his colleagues could have upheld Mississippi’s abortion law without demolishing a half-century of precedent.Chief Justice Robert’s concurrence made that reality crystal clear. Yet around the country, Republican candidates still appear hellbent on doubling-down.Tudor Dixon, Michigan’s Republican candidate for governor, spoke of the upside of a 14-year-old rape victim carrying the child to term. “The bond that those two people made and the fact that out of that tragedy there was healing through that baby, it’s something that we don’t think about,” Dixon told an interviewer.Meanwhile, in Florida, an appellate court affirmed a lower court’s order that barred a parentless 16-year-old from ending her pregnancy. The unnamed mother-to-be had failed to demonstrate that she was “sufficiently mature to decide whether to terminate her pregnancy”.On the other hand, the learned judges and the Republican state legislature believed her to be sufficiently adult to deliver and raise a child.And then there is Texas. Later this week, physicians who perform abortions stand to face life in prison and fines of at least $100,000. Under Texas’s current law, abortions are banned after six weeks, and the state’s statute contains no exceptions for rape or incest.Heading into the fall, Democrats will also be bolstered by Joe Biden’s slowly rising approval numbers, tamer inflation figures, and the emergence of democracy’s precarity as a campaign issue. According to a recent NBC poll, the threat to US democracy has overtaken the cost of living as the No 1 issue for voters.Or, in the words of Congressman-elect Ryan, “Our democracy is fragile, but we will fight for it.”Adding to Republican woes is the poor performance of Trump-endorsed Senate candidates in pre-election trial heats. In Arizona, Pennsylvania and Georgia, they all lag.By the numbers, forecasters give the Democrats better than a three-in-five chance of continuing to control the upper chamber and leaving their imprimatur on Biden judicial nominations. These days, even Senator Mitch McConnell concedes that the odds of him again becoming majority leader are iffy: “Flipping the Senate … It’s a 50/50 proposition … I think the outcome is likely to be very, very close either way.”He also reminded Republicans that running for Senate is not the same thing as running for a House seat albeit with a louder and larger microphone. “Senate races are statewide,” McConnell observed. “They’re just different in nature from individual congressional districts.”Apparently, Senator Rick Scott, the chairman of the Republican National Senatorial Committee, has not yet noticed. First, he burned-through a pile of campaign cash. Now, he has been spotted vacationing on a luxury yacht off the coast of Italy while Americans struggle.On Monday, Scott tweeted: “Another week of President Biden vacationing in Delaware vs. working at the White House.” Cluelessness is not just the province of Justices Alito, Thomas and Kavanaugh.
    Lloyd Green served in the Department of Justice from 1990 to 1992
    TopicsDemocratsOpinionRepublicansUS politicsUS CongressRoe v WadeAbortionNew YorkcommentReuse this content More

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    ‘The world flipped upside down’: Will end of Roe galvanize Democrats’ base in midterms?

    ‘The world flipped upside down’: Will end of Roe galvanize Democrats’ base in midterms? Democrats believe that signs of a brewing backlash after the loss of reproduction choice will reshape the battle for control of Congress and and statehouses this fallFor years, Democrats warned that abortion rights were under grave threat. Across the US, antiabortion activists in red states chipped away at access and pushed for conservative judges to secure their gains. Yet for many Americans, the prospect of losing the constitutional right to abortion that had existed since 1973 remained worrying but remote.That all changed in June, when in Dobbs v Jackson, the supreme court overturned Roe v Wade, the 49-year-old ruling which had established the right.Since then, bans have taken effect in at least 10 states. Republicans are rushing ahead with new restrictions and stirring fears that other rights, including same-sex marriage and access to contraception, could be vulnerable too.And yet, from rural Minnesota to ruby red Kansas and a conservative corner of Nebraska, there are signs of a brewing backlash that Democrats believe will reshape the battle for control of Congress and statehouses this fall.Republicans are “the dog that caught the bus”, said Cecile Richards, a former head of Planned Parenthood. “This is what they’ve been wanting for years. Now they own it.”White House officials, Democratic candidates and party strategists say the loss of reproductive choice has not only galvanized their once-disillusioned base but is strengthening Democrats’ appeal among independent and Republican-leaning women in suburbs who were key to the party’s recent victories.The landslide vote to protect abortion rights in conservative Kansas earlier this month further emboldened Democrats – and emphasized that Republicans risk overreaching on one of the most emotionally charged issues in American life.“The world just completely flipped upside down after the Dobbs decision,” said Richards, now co-chair at American Bridge 21st Century, a liberal super Pac. “We’re no longer defending a right. We now actually have to fight to get a right back.”‘A top-tier issue’Republicans doubt abortion will be a decisive factor in a midterm election shaped by anxiety over high gas prices and inflation and an unpopular Democratic president.“Every public and private poll shows inflation and the economy are the top issues headed into the midterms,” said Mike Berg, a spokesman for the Republican National Congressional Committee. “Democrats are desperate to talk about anything else because they have a disastrous record on both of those issues.”But Democrats are forging ahead, lashing Republicans over their uncompromising stances and sometimes bizarre rhetoric on abortion.Underscoring their confidence in the salience of abortion this election cycle, Democrats are spending heavily on television ads on the subject. One particularly searing ad from Stacey Abrams, the nominee for governor in Georgia, features a somber montage of women warning that women could be “criminalized” for seeking abortions if Brian Kemp, the Republican governor, is re-elected.“The only way to stop this attack on the women of Georgia,” the women say, “is to stop Brian Kemp.”Many of their ads aim to use Republicans’ words against them, as part of a broader effort by Democrats to cast the GOP as too extreme.In Michigan, where voters may decide to enshrine abortion protections in the state constitution in November, the Democratic Governors Association launched an ad attacking the Republican nominee, Tudor Dixon, over her opposition to abortion, without exception for rape or incest.In a similar vein, an ad from the the Democratic nominee for governor in Pennsylvania, Josh Shapiro, features his far-right opponent, Doug Mastriano, saying “I don’t give a way for exceptions”, including when the life of the mother is at risk. Polling has shown that most Americans support at least some abortion rights. According to the Pew Research Center, around 60% say abortion should be legal in all or most cases while just 8% say it should be illegal with no exceptions.The aggressive messaging from Democrats is a reminder of how rapidly the politics of abortion have shifted.Molly Murphy, a Democratic pollster and strategist who has studied public opinion on abortion, said: “Six months ago, if you asked voters, ‘What’s the top priority that you want elected leaders to focus on,’ abortion might get 3%, 4%, 5% at most. Now it really is a top-tier issue, only behind inflation and the economy.”Murphy said anti-abortion’s resounding defeat in the Kansas referendum showed voters were motivated by the opportunity “to stop something bad from happening”. To channel that fury, she said, Democrats must convince voters Republicans are not just opposed to abortion but a threat to it.Some Democrats are adopting Republican language about government overreach on issues like masking to accuse their opponents of infringing on individual rights and freedoms when it comes to women’s reproductive health. It is all part of a broader strategy to cast Republicans as extremists determined to strip Americans of a right they have come to rely.The pitch is similar to Democrats’ messaging in 2018, when they stormed to victory in the House after lashing Republicans over attempts to repeal the Affordable Care Act, said Camille Rivera, a Democratic strategist.“As we learned with Obamacare, once you have a right, you don’t want really don’t want that right taken away,” she said.Another key question for this November is just how much abortion rights will resonate among independent women in battleground suburbs who have deep concerns about the economy. Sarah Longwell, a moderate Republican strategist, said abortion was usually not the first issue raised in focus groups with swing voters. But when prompted, the discussion around abortion often became personal.“The thing that happens when you start talking to a group of women about abortion is they immediately start telling stories about complications and the things that can go wrong during a pregnancy,” she said in a recent interview.What is clear, Longwell said, is that women, even those who call themselves “pro-life”, are “deeply uncomfortable with the idea of getting between women and their doctors on decisions that could put their lives at risk”.‘We are living it’Republicans are largely shying away from the issue on the campaign trail. With total bans proving deeply unpopular, some candidates are softening their rhetoric, emphasizing support for exceptions and for the health and well-being of women. In Nevada, a battleground state, the Republican candidate for Senate, Adam Laxalt, has argued that his personal opposition to abortion would not change protections already in place.“My views have not shifted the policy in Nevada, nor has the ruling in the Dobbs case,” Laxalt wrote earlier this month. “Voters in 1990 determined that Nevada is and will remain a pro-choice state.”But the issue is hard to ignore. Harrowing stories have spread. A 10-year-old girl who was raped had to travel from Ohio to Indiana to get an abortion. Weeks later, Indiana became the first state in the post-Roe era to adopt a near-total ban. This week, a judge in Florida told a 16-year-old she was not “not sufficiently mature” to decide whether to have an abortion.“We are no longer speaking about this as a hypothetical,” Murphy said. “We are living it.”Among Kansans who registered to vote in the wake of the Dobbs ruling, Democrats held an eight-point advantage, according to data from TargetSmart. Among those newly registered voters, 70% were women.Elsewhere, in a pair of post-Roe special House elections, Democrats outperformed expectations, boosted by strong turnout in suburban areas.In Minnesota’s first district, the Democrat lost by just four points. Donald Trump won there by more than 10 in 2020. The trend was more pronounced in a June election in Nebraska’s first district. Two years ago, Trump won there by nearly 15 points. This year, the Republican won by six.Analysts caution against drawing firm conclusions from such a small sampling. Republicans only need to win a handful of seats to gain control of the House, as they are favored to do, while the 50-50 Senate remains agenuine toss-up.A special election in New York on Tuesday may offer more clues. In the most competitive House race since Roe fell, the Democrat, Pat Ryan, has made abortion central to his campaign. The Republican, Marc Molinaro, has focused on the economy and inflation.Urging New Yorkers to vote, Ryan said “choice” and “freedom” were both “on the ballot”.TopicsUS midterm elections 2022Roe v WadeUS politicsAbortionHealthDemocratsfeaturesReuse this content More

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    After the fall of Roe, Republican pursuit of abortion bans appears to falter

    After the fall of Roe, Republican pursuit of abortion bans appears to falterThe stunning defeat of the Kansas referendum and internal divisions have undercut an all-out assault on reproductive rights In the leadup to the US supreme court overturning Roe v Wade and thus scrapping federal abortion protection, Republican lawmakers across the country maintained an uncompromising rallying cry against abortions, vowing to implement a sweeping wave of restrictions in their states.However, since the highest court in the US overturned the ruling, many Republican leaders and officials have become more hesitant – or have even gone silent – over the exact type of bans they promised to enact.As Republicans move towards an election season rife with internal disagreements within their own party and mixed public opinions on exceptions in abortion bans such as instances of rape and incest, many rightwing lawmakers are finding it increasingly difficult to implement cohesive abortion policies.The phenomenon has been starkly illustrated by Kansas’s referendum last week, where the usually reliably Republican state voted to keep abortion protections in its state constitution, providing an unexpected boost from red state America to the abortion rights movement.With delays in passing abortion bills across the US and contentious questions on how far the bans will reach, Republicans are now, as Sarah Longwell, a moderate Republican strategist, said to Politico, “the dog that caught the car”.According to a survey conducted between 27 June and 4 July by the Pew Research center, a majority of the American public disapproves of the supreme court’s decision to overturn Roe: 57% of adults disapprove of the court’s decision, including 43% who strongly disapprove, and 41% of American adults approve while 25% strongly approve of the court’s decision.The survey also found that 62% of Americans say that abortion should be legal in all or most cases, and 36% of Americans say that abortion should be illegal in all or most cases. Only 38% of Republicans say that abortion should be legal in all or most cases, marking a 1% decrease from poll results obtained in 2007.As Republican lawmakers grapple with mixed public opinions, many lawmakers have been divided over just how far they should go to ban abortions. With the recent case of the 10-year-old rape victim traveling across state lines from Ohio to Indiana to obtain an abortion continuing to dominate national headlines, many Republicans are realizing that the reality they are presented with differs vastly from their initial narratives surrounding abortion politics.What kind of exceptions should be made in cases of rape and incest? Should a woman be granted an abortion if she is faced with a life-threatening ectopic pregnancy or an incomplete miscarriage? If an outright ban is put in place, should there be expansions of paid family leave benefits and increased funding for foster care and women’s health?Some states have plowed ahead. Indiana has now passed a Republican-sponsored bill that would ban nearly all abortions in the state with limited exceptions, including cases of rape and incest, and to protect the health of the mother. That made it the first state in the US to put new restrictions in place, rather than just rely on a pre-existing “trigger law” passed before the supreme court’s decision.But even in Indiana the move came after a series of thorny debates in the Indiana congress that reflect the growing divide Republicans are facing when it comes to fleshing out the specifics of abortion ban bills.Before Roe v Wade was overturned, lawmakers did not spend “enough time on those issues, because you knew it was an issue you didn’t have to really get into the granular level in. But we’re in there and we’re recognizing that this is pretty hard work,” Republican Indiana state senator Rodric Bray told the New York Times.Another Indiana Republican state senator, Kyle Walker, who voted against the ban last month, said: “I believe we must strike a balance for pregnant women to make their own health decisions in the first trimester of the pregnancy and also provide protections for an unborn baby as it progresses toward viability outside the womb.”Even state senator Sue Glick, the sponsor of the bill, said that she was “not exactly” happy with the bill.Meanwhile, the American Civil Liberties Union of Indiana called the bill “cruel” and “dangerous”, while Indiana Right to Life criticized it as being “weak and troubling”, saying that it “lacks any teeth to actually reduce abortions in Indiana by holding those who perform abortions or would intentionally skirt the law accountable with criminal consequences.”South Dakota, a predominantly Republican state, is facing a similar situation.Shortly after the bombshell leak of the supreme court draft opinion on Roe, Republican governor Kristi Noem announced that she will “immediately call for a special session to save lives and guarantee that every unborn child has a right to life in South Dakota.”However, since the supreme court overturned Roe, Noem has yet to publicly give any indication of when or if a special session will still take place. In response to the Associated Press asking if the special legislative session is still on the table, Noem’s office said it will happen “later this year”.Noem has largely kept her language surrounding South Dakota’s abortion bans vague, simply reaffirming that “there is more work to do” and promising to “help mothers in crisis”. In June, Noem appeared to soften her approach on abortions by saying that doctors, not their patients, should be prosecuted for offering abortion pills.“I don’t believe women should ever be prosecuted,” she said. “I don’t believe there should be any punishment for women, ever, that are in a crisis situation or have an unplanned pregnancy,” she said. The governor also set up a website for pregnant women that aims to “help mothers and their babies before birth and after by providing resources for pregnancy, new parents, financial assistance and adoption.”Speaking to the Associated Press, South Dakota Right to Life’s executive director, Dale Bartscher, said that Noem’s actions reflect a turning point in the anti-abortion movement.“An entirely new pro-life movement has just begun – we stand ready to serve women, the unborn and families,” he said. The Guardian reached out to Bartscher for additional comments.In Arkansas, the Republican governor, Asa Hutchinson, appears to have taken a softer approach on the issue after the state’s abortion trigger ban immediately went into effect when Roe was overturned. Last month, Hutchinson did not confirm that abortion will be a topic on the agenda of this month’s special session that is supposed to focus on tax cuts.Referring to alternatives to abortion, Hutchinson said: “That’s come up in conversations … I’ve mentioned that need. You know, what can we do more for maternal care? What can we do more for adoption services because of the increased number that’s going to be demanding that? And so that is a potential issue … so just stay tuned.”In May, Hutchinson acknowledged that his state’s abortion trigger law would result in “heartbreaking circumstances”, adding that “whenever you see that real-life circumstances like that, the debate is going to continue and the will of the people may or may not change”.The governor admitted that abortions performed in the exceptions of rape and incest are increasingly “reflecting the broad view of Americans” but acknowledged that the issue is “still a very divided [topic].”However, whether Hutchinson will ask lawmakers to consider the exceptions during the state’s upcoming legislative special session remains to be seen.Meanwhile, in Ohio, the Republican governor, Mike DeWine, has refused to comment on the state’s recently enacted “heartbeat bill”, which makes abortions illegal after six weeks into a pregnancy. As a result of the state’s strict abortion laws, a 10-year-old rape victim from the state had to travel to Indiana to receive an abortion.DeWine condemned the case as a “horrible, horrible tragedy” but did not signal whether he would amend abortion restrictions in the state. Speaking to reporters last month, DeWine refused to advocate for specific abortion policies and said that he is “going to let the debate play out a little bit”, referring to the legislative debate that is expected to happen in a few months.“We’re going to hear from medical experts, we’re going to hear from other people,” he said, adding: “then there’ll be a time when I’ll certainly weigh in.”Since Roe got overturned, Virginia’s top Republican lawmaker has been expressing similar sentiments to DeWine’s. In June, Governor Glenn Youngkin told an anti-abortion group that he would “happily and gleefully” sign any bill that would protect life, which he believes begins at conception.Youngkin has expressed support for a ban on abortions after 15 weeks with exceptions for rape, incest and risk to the mother’s health.Youngkin did not specify his support for any particular policies, although he acknowledged the divisive nature of the issue and called for a legislative process to hash out nuances in abortion ban bills.“I’m a pro-life governor and I will sign a bill that comes to my desk that protects life and I look forward to that. But as of now, what we need is the process to start and to take the next four or five or six months and to work on a bill that can be supported on a bipartisan basis,” he said.As Republicans across the country face a widening divide over the particularities of implementing abortion bans, a leading anti-abortion group has been urging Republicans in Congress not to leave the issue to the states. Many anti-abortion activists worry that extreme measures by Republican state lawmakers may cost Republican lawmakers seats nationally, especially with midterms on the horizon.At the same time, in the wake of the Kansas referendum result, many Democratic strategists now believe public opinion, even in many red states, will be on their side. The issue can be used to shore up under-threat Democrats and wielded as a weapon against Republican candidates who can be portrayed as out of step with most Americans.In a memo from Susan B Anthony Pro-Life America sent out in July, Republican lawmakers were encouraged to stay away from phrases such as “nationwide ban” and were urged not to relay the issue to state lawmakers.“It is vitally important that pro-life Members of Congress highlight the abortion extremism of Democrats, who support abortion on demand, up until the moment of birth, paid for the taxpayer,” the memo said.TopicsRoe v WadeAbortionRepublicansUS politicsfeaturesReuse this content More

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    Indiana assembly passes anti-abortion bill, governor signs it into law

    Indiana assembly passes anti-abortion bill, governor signs it into lawState becomes the first in the US to pass new laws removing Roe rights after Eric Holcomb’s assent Indiana’s state legislature has become the first in the US to pass new legislation restricting access to abortions since the federal supreme court overturned Roe v Wade.The bill went to the state’s Republican governor, Eric Holcomb, who signed it into law on Friday night.Indiana was among the earliest Republican-run state legislatures to debate tighter abortion laws after the supreme court ruling in June that removed constitutional protections. It is the first state to pass a ban through both chambers.The Indiana senate approved the near-total ban 28-19, hours after house members advanced it 62-38. It includes limited exceptions, including in cases of rape and incest, and to protect the life and physical health of the mother. The exceptions for rape and incest are limited to 10 weeks post-fertilization, meaning victims could not get an abortion in Indiana after that. Victims would not be required to sign a notarized affidavit attesting to an attack.The Kansas victory shows that Democrats can fight for abortion rights and win | Moira DoneganRead moreOutside the house chamber, abortion rights activists often chanted over lawmakers’ remarks, carrying signs like “Roe roe roe your vote” and “Build this wall” between church and state. Some house Democrats wore blazers over pink “Bans Off Our Bodies” T-shirts.Indiana lawmakers listened to testimony over the past two weeks in which residents on all sides of the issue rarely, if ever, supported the legislation. Abortion-rights supporters said the bill went too far, while anti-abortion activists said it did not go far enough.In advocating against the bill, Rep Ann Vermilion condemned her fellow Republicans for calling women who obtained abortions “murderers”.“I think that the Lord’s promise is for grace and kindness,” she said. “He would not be jumping to condemn these women.”The house rejected, largely on party lines, a Democratic proposal to place a non-binding question on the statewide November election ballot: “Shall abortion remain legal in Indiana?”The Indiana house speaker, Todd Huston, said that if residents were unhappy, they could vote for new lawmakers.Kansas voters already resoundingly rejected a measure that would have allowed the state’s Republican-controlled legislature to tighten abortion in the first test of voters’ feelings about the issue since Roe was overturned.Indiana’s proposed ban also came after the political firestorm over a 10-year-old rape victim who traveled to the state from neighboring Ohio to end her pregnancy. The case gained attention when an Indianapolis doctor said the child came to Indiana because of Ohio’s “fetal heartbeat” ban.Democratic Rep Maureen Bauer spoke tearfully before Friday’s vote about people in her South Bend district who oppose the bill – the husbands standing behind their wives, the fathers supporting their daughters – as well as the women “who are demanding that we are seen as equal”.Bauer’s comments were followed by raucous cheers from protesters in the hallway and subdued applause from fellow Democrats.“You may not have thought that these women would show up,” Bauer said. “Maybe you thought we wouldn’t be paying attention.”West Virginia legislators on 29 July passed up the chance to be the first state with a unified ban after its lower house refused to concur with senate amendments that removed criminal penalties for physicians who performed illegal abortions. Delegates instead asked for a conference committee to consider the details between the bills.TopicsAbortionRoe v WadeIndianaUS politicsReuse this content More

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    The Kansas victory shows that Democrats can fight for abortion rights and win | Moira Donegan

    The Kansas victory shows that Democrats can fight for abortion rights and winMoira DoneganEven in conservative Kansas, abortion rights are popular. The Democrats need to stop shying away from abortion and make it a campaign issue It wasn’t even close; it was a blowout. With an unexpectedly large turnout and a huge margin, Kansas voters on Tuesday rejected a measure that would have removed the right to an abortion from their state’s constitution. Nearly 60% of voters in the deeply conservative state rejected the anti-abortion measure. Only about 40% supported it.Tuesday’s primaries offered a glint of hope for Democrats this fall | Lloyd GreenRead moreThe so-called Value Them Both Act would have dramatically devalued women in Kansas. The bill was designed to amend the state’s constitution in response to a 2019 ruling by the state supreme court, which found that abortion was protected in the state charter’s guarantee of “equal and inalienable rights” to all citizens. In contrast to the US supreme court, the Kansas court rejected the idea that civil rights were frozen in time at the time of the document’s ratification; instead, they extended those equal rights to women. “We are now asked: is this declaration of rights more than an idealized aspiration?” the court wrote. “And, if so, do the substantive rights include a woman’s right to make decisions about her body, including the decision whether to continue her pregnancy? We answer these questions, ‘Yes.’” Overwhelmingly, by a margin of roughly 20 points, Kansan voters agreed with them.It was the first electoral test of support for abortion rights since the US supreme court overturned Roe v Wade in June, and the results were unambiguous. Even in conservative Kansas, abortion rights are popular with most Americans. Even in conservative Kansas, abortion bans are offensive to them.On paper, this shouldn’t have been surprising. Americans have a wide range of opinions on abortion, but broadly, the notion that women and others should have a legal right to end their pregnancy is very popular, capturing somewhere between 60% and 70% support. Accordingly, ballot initiatives asking voters to restrict abortion tend to fail, according to New York Magazine correspondent Irin Carmon. A measure that would have granted personhood rights to fetuses and embryos failed in very conservative Mississippi in 2011. A municipal ballot measure that aimed to ban abortions after 20 weeks in the city of Albuquerque, New Mexico, failed by a large margin in an unusually high-turnout election in 2013. When South Dakota passed an abortion ban in 2006, pro-choice advocates managed to collect enough signatures to put the measure to a popular vote. The electorate threw that out, too.The US supreme court’s ruling overturning Roe v Wade is particularly unpopular with the public, and has incited renewed passion for the pro-choice cause. According to polling from CNN, 63% of Americans – almost two-thirds – say they disapprove of the court’s ruling. A little more than half of them, 51%, say they disapprove “strongly”. This public outrage is clearly translating into votes. After the court reversed Roe on 24 June, many states saw a surge in new voter registrations. In Kansas, 70% of those new voters were women.There were some indications that the anti-abortion side was nervous, even before their resounding defeat on election day. They played dirty. The vote was scheduled for a blindingly hot primary day in August, when turnouts are usually low and Republicans fare better. In the days before the election, a Republican-aligned firm in Nevada sent out texts to Kansas voters. “Women in Kansas are losing their choice on reproductive rights,” the texts read. “Voting YES on the Amendment will give women a choice. Vote YES to protect women’s health.” A yes vote on the constitutional amendment would have been a vote against abortion rights. Clearly, the anti-choice Republicans didn’t think they could win on the merits. Turns out, they couldn’t.But you would never know how resoundingly popular abortion rights are from the behavior of the Democrats, who for the past three decades, and since the election of Donald Trump specifically, have been allergic to full-throated defenses of reproductive rights and other so-called “culture war” issues.The party’s centrist leadership has made the calculation that only economic issues – defined, in practice, as issues that affect white men – can garner voters’ enthusiasm. The Biden administration was flat-footed and inept in its response to Dobbs, agreeing to take only the flimsiest and most risk-averse steps to restore abortion access and alienating huge swaths of its base as it attempted to keep the focus on its efforts to curb inflation. Biden hardly ever even says “abortion”. You get the sense he would much rather not be talking about it at all.But the results in Kansas suggest that he should be. The ballot initiative on abortion produced a massive turnout. Abortion rights got considerably more electoral support than Joe Biden did in most Kansas counties. It’s a so-called “culture war” issue that brought voters out in droves to vote for a Democratic agenda item. The Kansas vote shows that the overturning of Roe has created a moral emergency that voters will respond to. Ignoring these “culture war” issues does not make the Democrats look sensible and moderate. It makes them look like cowards, running away from a fight.What Republicans want to do to America, especially with regard to abortion rights, is unpopular. More importantly, it is anti-democratic and immoral. This is a fight that the voters want to take on. It’s time for the Democratic party to join them.
    Moira Donegan is a Guardian US columnist
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    Kansas’s vote to protect abortion rights upends US midterm elections – as it happened

    Kansas is an unlikely place for a triumph of abortion rights.Starting in the 1990s, abortion providers in the state were repeated targets of violence, and in 2009, physician George Tiller was assassinated in Wichita. The state is a reliable GOP vote in presidential elections, and mostly sends Republicans to represent it in the Senate and House of Representatives – all of whom currently oppose abortion.But as last night’s vote to keep abortion protections in the constitutions shows, its residents don’t necessarily share their views. Around 59 percent of voters rejected a measure to change the constitution to allow the procedure to be cracked down on – about matching the 58 percent of Americans Gallup found did not want Roe v. Wade overturned.Whether red or blue, many states appear to share this dynamic. The Public Religion Research Institute says only in 10 states do majorities of voters want to make abortion illegal in all or most cases. Nationally, only 40 percent of people would support doing that.Washington spent today digesting the results of primary elections across the country, in which Kansas voted to protect abortion rights while Trump-aligned candidates triumphed in Arizona and elsewhere. Here’s a recap of what happened today:
    Indiana congresswoman Jackie Walorski was among four people killed in a car accident in the state.
    The defamation trial of conspiracy theorist Alex Jones took a dramatic turn when his cellphone data was accidentally shared with attorneys for the plaintiffs in the case, drawing the attention of the January 6 committee.
    A poll from Monmouth University showed Democrats have taken a narrow lead when it comes to control of Congress, while Biden’s approval rating plunge may have halted.
    Senate Republican leader Mitch McConnell called for the chamber to approve Sweden and Finland’s entry to Nato, which it is expected to do later today.
    House speaker Nancy Pelosi concluded her visit to Taiwan with a reaffirmation that US leaders would stand up for the island, particularly against China.
    New York Democrat Carolyn Maloney had to walk back a comment suggesting Biden wouldn’t stand for a second term.
    The president, meanwhile, still has Covid-19, but he plans to sign a measure to boost semiconductor production next week in an outdoor ceremony.
    Jackie Walorski, a Republican House representative from Indiana, was among four people killed in a car accident while traveling in the state, WSBT reports:#BREAKING: U.S. Congresswoman Jackie Walorski (R-Indiana) has been killed in a crash that happened at 12:32 P.M. in Elkhart County on S.R. 19 south of S.R. 119. pic.twitter.com/SbvhWlHgxL— Erica Finke WSBT (@EricaFinkeTV) August 3, 2022
    A northbound passenger car traveled left of center and collided head on with a southbound vehicle.Walorski, Zachary Potts with the St. Joseph County Republican Party, and Walorski’s comm. director Emma Thompson all passed away.— Erica Finke WSBT (@EricaFinkeTV) August 3, 2022
    The northbound vehicle driver, Edith Schmucker, died as well. The investigation is continuing at this time.#RIP to everyone involved in this horrifying crash.— Erica Finke WSBT (@EricaFinkeTV) August 3, 2022
    A federal grand jury investigating the January 6 attack has subpoenaed former White House counsel Pat Cipollone and his deputy Patrick Philbin, according to media reports.Both men were present in the White House during the time of the insurrection, and Cipollone has provided testimony to the House committee investigating the attack, which was a major part of its most recent hearing and showed the lawyer trying to get Donald Trump to call off his supporters as they assaulted the Capitol.CNN first reported Philbin’s subpoena today, while ABC News broke the story of Cipollone’s subpoena yesterday.The January 6 committee plans to subpoena phone data from Alex Jones that was accidentally revealed in a defamation case against him, Rolling Stone reports.Citing two sources, the magazine said investigators for the House committee investigating the attack were planning to take advantage of the the surprise development today in Jones’ trial, where it was revealed his lawyer had accidentally shared a copy of Jones’ phone data with attorneys for the parents of a child killed at Sandy Hook elementary school, who are suing Jones.According to Rolling Stone, “It’s unclear what, specifically, the committee will be looking for in Jones’ communications but attorneys for the Sandy Hook plaintiffs have accused the InfoWars host of intentionally withholding relevant communications about the Sandy Hook shooting and lying about having conducted a search for them.”Saying that Republicans “don’t have a clue about the power of American women”, Joe Biden cheered Kansas voters’ rejection of a ballot initiative that would have allowed lawmakers to ban abortion.He made the comments while appearing virtually at a meeting where he signed an executive order that could allow Medicaid, the government health plan for poor and disabled Americans, to cover the travel costs of people who must cross state lines to seek an abortion.“[Republicans] don’t have a clue about the power of American women. Last night in Kansas they found out.”— President Biden celebrates Kansas’ defeat of a ballot initiative that would have repealed the state’s right to abortion pic.twitter.com/AsGe5t8FpR— The Recount (@therecount) August 3, 2022
    As the January 6 committee has explored the events surrounding the attack on the Capitol, one name has come up repeatedly: Rudy Giuliani. The former New York City mayor and lawyer for Donald Trump has been involved in that White House’s many scandals, but the New York Times reports today that one inquiry appears to be reaching a conclusion.Federal investigators are unlikely to file charges against Giuliani after looking into whether he illegally lobbied for officials from Ukraine who had offered damaging information about Joe Biden. Here’s more from the Times’ report:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;} While prosecutors had enough evidence last year to persuade a judge to order the seizure of Mr. Giuliani’s electronic devices, they did not uncover a smoking gun in the records, said the people, who spoke on the condition of anonymity to discuss a federal investigation.
    The prosecutors have not closed the investigation, and if new evidence were to emerge, they could still pursue Mr. Giuliani. But in a telling sign that the inquiry is close to wrapping up without an indictment, investigators recently returned the electronic devices to Mr. Giuliani, the people said. Mr. Giuliani also met with prosecutors and agents in February and answered their questions, a signal that his lawyers were confident he would not be charged.This is unlikely to be the last time Giuliani hears from prosecutors, both at the federal or state level. In addition to the January 6 inquiry, he has been subpoenaed to appear before a special grand jury in Georgia that is investigating Trump’s efforts to overturn the 2020 election result in that state.Giuliani ordered to go before grand jury in Trump election meddling caseRead moreThere was an unusual and dramatic turn in the defamation trial of Alex Jones this afternoon, when it was revealed that his attorney accidentally sent a copy of the data from Jones’ phone to a lawyer for the Sandy Hook parents who are suing him.The revelations seem to open up the possibility that Jones could have perjured himself during his testimony. Here’s the account of what happened from Ben Collins of NBC News:Wow. Sandy Hook parents’ lawyer is revealing that Alex Jones’ lawyers sent him the contents of Jones’ phone BY MISTAKE.”12 days ago, your attorneys messed up and sent me a digital copy of every text” Jones has sent for years.”You know what perjury is?” the lawyer asks.— Ben Collins (@oneunderscore__) August 3, 2022
    Sandy Hook parents’ lawyer is now asking Jones about the times he has emailed about Sandy Hook over the last several years, despite testifying under oath he couldn’t find any emails about Sandy Hook. There are apparently a lot of them. One is on a screen right now.— Ben Collins (@oneunderscore__) August 3, 2022
    Even Jones is stunned by the fact Sandy Hook parents seem to have his emails. Jones just called it their lawyers’ “Perry Mason moment.” It’s shocking.— Ben Collins (@oneunderscore__) August 3, 2022
    Judge instructing the jury on the entire contents of Alex Jones’ phone, which was accidentally handed over from Jones’ lawyers to the Sandy Hook parents’ lawyers:”What we do know is that it was not properly turned over when it should have been.”— Ben Collins (@oneunderscore__) August 3, 2022
    These texts and emails are FINALLY revealing financials behind Infowars.Some days in 2018, InfoWars was making $800,000 a day.”Well after your deplatforming, your numbers keep getting better,” Sandy Hook parents’ lawyer says.If they keep that up, that’s ~$300 mill. a year.— Ben Collins (@oneunderscore__) August 3, 2022
    Per the Associated Press, closing arguments in the case are expected to begin today.The defamation trial of conspiracy theorist Alex Jones appears to be nearing a conclusion in Texas. The Associated Press reports Jones acknowledged in court that the Sandy Hook school shooting happened, after years in which he insisted it was a hoax:The conspiracy theorist Alex Jones said on Wednesday he now understands it was irresponsible to declare the Sandy Hook school shooting a hoax, and now believes it was “100% real”.He was speaking in his own defamation trial, a day after the parents of a six-year-old boy killed in the 2012 attack testified about suffering, death threats and harassment they have endured because of what Jones has trumpeted on his media platforms.“It was … especially since I’ve met the parents. It’s 100% real,” Jones said, at the trial that will determine how much he owes for defaming the parents of Jesse Lewis, one of 20 children and six adults killed at the school in Newtown, Connecticut.‘It’s 100% real’: Alex Jones admits in court Sandy Hook shooting not a hoaxRead moreMitch McConnell, the Republican Senate minority leader, has said Finland and Sweden’s applications for membership of Nato – motivated by Russia’s invasion of Ukraine – are “a slam dunk for national security that deserves unanimous bipartisan support”.McConnell made the remarks on the Senate floor today, before a vote scheduled later. The short version of what he said, provided by his office, is as follows:.css-knbk2a{height:1em;width:1.5em;margin-right:3px;vertical-align:baseline;fill:#C70000;}Today, the Senate will approve ratification protocols to welcome Finland and Sweden as the two newest members of Nato … There is just no question that admitting these robust democratic countries with modern economies and capable, interoperable militaries will only strengthen the most successful military alliance in human history … This is a slam dunk for national security that deserves unanimous bipartisan support.Approval is expected, though one prominent (and notably sprightly) Republican has said he will vote no. In an op ed last month, Josh Hawley of Missouri said: “Finland and Sweden want to join the Atlantic Alliance to head off further Russian aggression in Europe. That is entirely understandable given their location and security needs. “But America’s greatest foreign adversary doesn’t loom over Europe. It looms in Asia. I am talking of course about the People’s Republic of China. And when it comes to Chinese imperialism, the American people should know the truth: the United States is not ready to resist it. Expanding American security commitments in Europe now would only make that problem worse – and America, less safe.” Joe Manchin, the man in the middle of most things in Washington these days, spoke to the Senate rules committee this morning about reforming the Electoral Count Act, the creaky old mechanism which just about stood up to Donald Trump’s attempt to overturn his defeat in 2020.Reform to the act has emerged as a rare subject of bipartisan interest on Capitol Hill – and Manchin, being the only Democrat in statewide office in otherwise deep Republican red West Virginia, is generally a fan of bipartisan things.He said: “As we saw on 6 January 2021, a lot of the ‘fixes’ established by the original Electoral Count Act are not merely outdated but actually serve as the very mechanisms that bad actors have zeroed in on as a way to potentially invalidate presidential election results.“As I am sure you will hear from the panel of distinguished experts who will testify before you today – the time to reform the ECA is long overdue. The time for Congress to act is now.“To that end, I am proud of the bipartisan bill introduced by [the Republican] Senator [Susan] Collins [of Maine], myself, and my colleagues last month: The Electoral Count Reform and Presidential Transition Improvement Act.”Manchin said the new act would “unambiguously clarifie that the vice-president is prohibited from interfering with the electoral votes; raise the objection [to electoral results] threshold from a single representative and a single senator to 20% of the members of both the House of Representatives and the Senate; and set a hard deadline for state governors to certify … electoral results – and if they fail to do so or submit a slate that does not match with the electoral results from the state, it creates an expedited judicial process to resolve”.This week, the spotlight once again will be on Democratic senators Joe Manchin and Kyrsten Sinema (dubbed “Manchinema” by the Washington press corps when the two blocked much of Joe Biden’s agenda).Which is exactly where both of these politicians want it.It’s the Democrats’ last chance for a large package – Manchin agreed last week to $790bn – on the climate and healthcare, financed by a tax increase on the rich and big corporations. But will Sinema go along?It’s been joked that the word “politics” is derived from the Latin “poli”, meaning “many”, and “ticks”, meaning small blood-sucking insects. I don’t hold such a cynical view. But I do know from 50 years’ experience in and around Washington that most of the people who serve in our nation’s capital have very, very large – shall we say? – egos.Full column:Joe Manchin and Kyrsten Sinema act out of ego, not principle | Robert ReichRead moreCould things be looking up for Democrats? Between the defeat of an anti-abortion ballot measure in Kansas and some positive polling data, president Joe Biden’s party has seen signs pulling out of the slump it fell into recently – but there’s still months to go before the November midterms.Here’s a look back at what has happened so far today:
    House speaker Nancy Pelosi concluded her visit to Taiwan with a reaffirmation that US leaders would stand up for the island, particularly against China.
    New York Democrat Carolyn Maloney had to walk back a comment suggesting Biden wouldn’t stand for a second term.
    The president, meanwhile, still has Covid-19, but he plans to sign a measure to boost semiconductor production next week in an outdoor ceremony.
    The supreme court has announced a new argument calendar for its cases in the fall, where the conservative majority could again move to upend laws across the United States.New #SCOTUS argument calendar. Affirmative action cases to be heard Oct. 31. pic.twitter.com/hgyVlENvRj— Adam Liptak (@adamliptak) August 3, 2022
    Of note is the 31 October argument of two cases against Harvard University and the University of North Carolina at Chapel Hill, in which the court could bar the usage of race as a factor in college admissions.Supreme court could strike blow against affirmative action in Harvard case rulingRead moreBiden remains positive for Covid-19 but is otherwise feeling well, the White House doctor said in an update on the president’s health.“The President continues to feel well,” Kevin O’Connor wrote, noting Biden “remains fever-free and in good spirits” and had completed “a light workout” today.Biden contracted the virus last month and appeared to have recovered, testing negative last week. But over the weekend, he tested positive again.Biden tests positive for Covid only days after testing negativeRead moreNew York Democratic House representative Carolyn Maloney is doing a bit of clean-up this morning after suggesting in a debate last night that president Biden won’t run for re-election.“I don’t believe he’s running for reelection,” Maloney said during the debate, according to CNN. The lawmaker appeared to be saying the quiet part out loud when it comes to Biden’s viability as a candidate in 2024, given his age (he’ll be 81 when the election is held) and dismal approval ratings.In a series of tweets Wednesday, Maloney tried to clear the matter up:I will absolutely support President Biden, if he decides to run for re-election. Biden’s leadership securing historic investments for healthcare, climate & economic justice prove once again why he is the strong and effective leader we need right now. 🧵— Carolyn B. Maloney (@CarolynBMaloney) August 3, 2022
    I urge all Democrats to stay united & focused on working towards winning the midterms. Right now, I am concentrating on the upcoming Democratic primary on August 23rd & the issues that matter to the voters of #NY12. Request your absentee ballot by Monday, August 8th— Carolyn B. Maloney (@CarolynBMaloney) August 3, 2022
    Maloney represents a district that encompasses part of New York City, but after redistricting, she’s vying to keep her seat against congressman Jerry Nadler, a fellow Democrat. More