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    A Constitutional Convention? Some Democrats Fear It’s Coming.

    Some Republicans have said that a constitutional convention is overdue. Many Democratic-led states have rescinded their long-ago calls for one, and California will soon consider whether to do the same.As Republicans prepare to take control of Congress and the White House, among the many scenarios keeping Democrats up at night is an event that many Americans consider a historical relic: a constitutional convention.The 1787 gathering in Philadelphia to write the Constitution was the one and only time state representatives have convened to work on the document.But a simple line in the Constitution allows Congress to convene a rewrite session if two-thirds of state legislatures have called for one. The option has never been used, but most states have long-forgotten requests on the books that could be enough to trigger a new constitutional convention, some scholars and politicians believe.Some Democratic officials are more concerned than ever. In California, a Democratic state senator, Scott Wiener, will introduce legislation on Monday that would rescind the state’s seven active calls for a constitutional convention, the first such move since Donald J. Trump’s election to a second term.Mr. Wiener, who represents San Francisco, and other liberal Democrats believe there is a strong possibility of a “runaway convention.” They say that Republicans could call a convention on the premise, say, of producing an amendment requiring that the federal budget be balanced, then open the door for a free-for-all in which a multitude of other amendments are considered, including some that could restrict abortion access or civil rights.“I do not want California to inadvertently trigger a constitutional convention that ends up shredding the Constitution,” Mr. Wiener said in an interview.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Which States Have Passed Bans on Treatment for Transgender Minors?

    The challenge to a Tennessee law before the Supreme Court this week traces its roots to the spring of 2021, when Arkansas became the first state to pass a law prohibiting gender-transition treatments for minors. Alabama followed in 2022. Tennessee’s was part of a coordinated deluge: Of 28 states where Republicans control the legislature, 24 now restrict doctors from providing puberty blockers, hormone therapies or surgery to transgender minors. Two more, New Hampshire and Arizona, ban only surgeries.Why the flood? In exploring the motivation behind Florida’s ban, one federal district judge, Robert Hinkle, concluded that some of the state’s lawmakers acted on “old-fashioned discriminatory animus.” But Republican lawmakers in many states have said that they are seeking to shield adolescents from a path that has become more common, with consequences they are too young to fully comprehend. Republican strategists, for their part, have said that elevating the issue was a winning strategy leading up to the 2024 election.United States v. Skrmetti, the challenge to Tennessee’s ban, is one of 18 filed over the last three years, with mixed results. The highest courts in two states, Texas and Nebraska, have upheld their restrictions. By contrast, two federal district judges — Judge Hinkle in Florida and Judge James M. Moody Jr. in Arkansas — struck down bans in those states. But their decisions are being appealed, and preliminary injunctions on enforcement of the bans in Alabama and Indiana, each issued by a federal district judge, were reversed by separate appeals courts. Eleven other cases are in various stages of litigation.How the Supreme Court rules on Skrmetti will almost surely affect how lower courts handle the challenges to similar statutes in states across the country. But the outcome may not be universal.“If Tennessee wins, the states will say ‘Skrmetti controls,’ and vice versa,” said Jim Campbell, chief counsel for the Alliance Defending Freedom, a conservative legal advocacy group that is helping to defend Idaho’s ban on transition treatments for minors. “And then the other side, the losing side, will say, ‘No, it’s actually different, and here’s why.’” More

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    Montana Lawmakers Reject Bid to Restrict Bathroom Use for Trans Legislators

    The proposal would have effectively barred transgender women from using the State Capitol restroom for female lawmakers. Some Republicans joined Democrats in voting it down.State lawmakers in Montana on Tuesday rejected a proposal that could have restricted bathroom access for transgender lawmakers at the State Capitol in Helena.The decision came down to a narrow vote in the Legislature’s joint rules committee. All Democrats opposed the measure. Several Republicans argued against it, too.“This particular action will have the effect of making people famous in the national news,” Representative David Bedey, a Republican from Hamilton, said during the committee meeting, “and will not contribute to the effective conduct of our business.”The proposal, which addressed the restrooms reserved for lawmakers between the House and Senate chambers, would have effectively barred transgender people from using the bathrooms that align with their gender identities.Representative Jerry Schillinger, a Republican from Circle who sponsored the measure, said it would ensure that “the gals’ restroom will be used only by gals, and the guys’ restroom will be used only by guys.”The debate over the measure came about a month after the re-election of Zooey Zephyr, a Democrat from Missoula and a transgender woman who is now beginning her second term in the State House.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    California Lawmakers to Propose $25 Million Fund to Litigate Trump Administration

    California lawmakers will convene a special session on Monday to discuss legislation to bolster the state against potential attacks by Donald J. Trump’s administration, including a proposed fund of up to $25 million to underwrite litigation against the federal government, Gov. Gavin Newsom said.President-elect Trump and fellow Republicans signaled during the campaign that he would target signature California policies if he were to win the election, including environmental protections, safeguards for immigrants, civil rights laws and abortion access. Democratic governors across the country have expressed concerns that the second Trump administration will be better prepared and less restrained.California’s Democratic leaders, who have been working for more than a year on contingency plans in the event of a second Trump term, announced within days of the election that they would begin to meet early this month on plans to “Trump-proof” the nation’s most populous state.“We will work with the incoming administration and we want President Trump to succeed in serving all Americans,” Governor Newsom said in a statement on Monday. “But when there is overreach, when lives are threatened, when rights and freedoms are targeted, we will take action.”The fund for litigation aims to pay for legal resources in the state’s Justice Department and regulatory agencies to “challenge illegal federal actions in court and take administrative actions to reduce potential harm,” according to the governor’s office.The proposed $25 million figure is significantly less than the roughly $42 million that California spent on lawsuits against the federal government during the first Trump administration, when the state sued the government more than 120 times. The smaller number — a fraction of the state’s nearly $300 billion annual budget — is a testament to concern over the risk of a financial shortfall. California’s lawmakers struggled to close a deficit this year.The figure is also a nod to the number of fronts on which the state’s Democrats expect the Trump administration to attack California. Mr. Newsom has already vowed to provide rebates to eligible residents who buy electric vehicles if Mr. Trump ends the $7,500 federal E.V. tax credit. The governor also has floated a possible disaster assistance fund to cover victims of floods and wildfires should Mr. Trump withhold federal aid from the disaster-prone state.California also extends health insurance coverage under the state’s version of Medicaid to low-income residents regardless of immigration status, a program that the next administration has also targeted.But the fund’s size also reflects the state’s success during and after Mr. Trump’s first term in protecting Californians against efforts to weaken state regulations, and the likelihood that Democratic states will work together to challenge Mr. Trump. More

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    Will NYC Revive Congestion Pricing After Trump’s Victory?

    Gov. Kathy Hochul, facing pressure from supporters of the contentious tolling plan, is said to be exploring options for adopting it in some form.Gov. Kathy Hochul of New York is exploring options for reviving a congestion pricing plan for New York City before President-elect Donald J. Trump has a chance to kill it, according to four people familiar with the matter.Ms. Hochul’s move to salvage the contentious plan comes as she faces pressure from various corners, including a group that represents transit riders and is planning to start an advertising blitz on Monday in support of the tolling program.The plan that Ms. Hochul, a Democrat, is now exploring differs slightly from the one she halted in June. She is trying to satisfy opponents who had complained about the $15 congestion-pricing toll that most motorists would have had to pay as well as supporters who want to reduce car traffic and fund mass transit improvements.The governor has talked to federal officials about the possibility of a $9 toll and about whether such a change might require the lengthy, involved process of additional environmental review, according to a Metropolitan Transportation Authority board member familiar with the matter. The discussions were first reported by Politico.Mr. Trump, a Republican, has said he opposes congestion pricing, and his victory on Tuesday has apparently pushed Ms. Hochul to try to find a compromise.“The timing is everything,” said Danny Pearlstein, a spokesman for Riders Alliance, the riders’ group that is planning the ad blitz. If congestion pricing has not started by January, he added “it’s very unlikely it would start.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Could the Vote Be Contested Again? 5 Threats to a Smooth Election

    Litigation, disinformation and battles over certifying the vote all have the potential to complicate the process.For the past four years, Donald J. Trump has been proclaiming the American electoral process “rigged,” decrying events that displease him as “election interference” and laying the groundwork to contest another loss at the polls.It follows the playbook from his loss in 2020, when the former president weaponized disinformation and exploited perceived weak points or vagueness in election law in an attempt to overturn results.At the same time, lawmakers and election officials have been trying to shore up the electoral system against another potential attempt to subvert a presidential election. Federal laws regarding the Electoral College were changed. There is stronger case law to knock down specious legal claims, and Mr. Trump is no longer sitting in the Oval Office with the levers of government in his grasp.But even with a national effort to reinforce the country’s democratic institutions, a smooth path to picking the next president still requires the good faith buy-in of its citizens, candidates and political parties. Absent that, there are a number of ways that the next few weeks — both before and after the polls close — could be rocky.Here is a look at some possibilities:Elizabeth Young, an assistant state attorney general representing Secretary of State Brad Raffensperger, argued an election-related case before members of Georgia’s Supreme Court last month.Arvin Temkar/Atlanta Journal-Constitution, via Associated PressA flood of litigationAlready, more than 187 election-related lawsuits have been filed, including at least 116 seeking some restrictions to voting and 68 filed by those seeking to expand or protect voting, according to data from Democracy Docket, a Democratic-aligned group that tracks election cases. The cases represent an extraordinary inundation of litigation before the election.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    Death Row Inmate in Shaken Baby Case Set to Testify in Texas House

    Robert Roberson, whose execution was postponed last week, has been subpoenaed to appear on Monday before a committee of the State House.Robert Roberson, the Texas death row inmate whose execution in a strongly disputed shaken baby murder case was postponed last week, is scheduled to testify on Monday before a committee of the State House.A subpoena for his testimony, issued in a novel last-minute legal maneuver, halted his execution just before it was set to be carried out on Thursday evening. The Texas Supreme Court ruled that by issuing the subpoena, a bipartisan group of Texas House members had raised legal questions about the separation of powers that needed to be resolved.The Texas House and Mr. Roberson’s lawyers had hoped he would appear in person before the Legislature’s committee on jurisprudence. But over the weekend, the office of the Texas attorney general, Ken Paxton, representing the Department of Criminal Justice, stepped in and said that, “in the interest of public safety,” Mr. Roberson would only be made available by video conference from prison.The Texas Supreme Court ruled on Sunday that as long as Mr. Roberson was able to give testimony in response to the subpoena, it would not involve itself in the dispute over how he would testify. So Mr. Roberson’s appearance seemed likely to take place by video conference, aides to the Texas House said, though negotiations over the matter were continuing.Mr. Roberson’s lawyers have argued that his autism, which was diagnosed after the murder conviction, would make any attempt to judge his credibility by video conference “profoundly limited.” And they said that having him appear remotely without his lawyers by his side would deprive Mr. Roberson of access to counsel during the questioning.Mr. Roberson’s case has drawn extensive national attention. A broad range of supporters — including a majority of the Republican-controlled Texas House, the novelist John Grisham and the detective who helped convict Mr. Roberson — have raised questions about the conviction, which relied in part on a finding of shaken baby syndrome.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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    En caso de crisis electoral, esto es lo que debes saber

    En 2020, cuando Donald Trump cuestionó los resultados de las elecciones, los tribunales rechazaron decisivamente sus intentos una y otra vez. En 2024, el poder judicial podría ser incapaz de salvar nuestra democracia.Los renegados ya no son principiantes. Han pasado los últimos cuatro años haciéndose profesionales, diseñando meticulosamente una estrategia en múltiples frentes —legislaturas estatales, el Congreso, poderes ejecutivos y jueces electos— para anular cualquier elección reñida.Los nuevos desafíos tendrán lugar en foros que han purgado cada vez más a los funcionarios que anteponen el país al partido. Podrían ocurrir en un contexto de márgenes electorales muy estrechos en los estados clave de tendencia electoral incierta, lo que significa que cualquier impugnación exitosa podría cambiar potencialmente las elecciones.Disponemos de unas pocas semanas para comprender estos desafíos y así poder estar alerta contra ellos.En primer lugar, en los tribunales ya se han presentado docenas de demandas. En Pensilvania se ha iniciado un litigio sobre si están permitidas las papeletas de voto por correo sin fecha y si se pueden permitir las boletas provisionales. Stephen Miller, exasesor de Trump, presentó una demanda en Arizona alegando que los jueces deberían tener la capacidad de rechazar los resultados de las elecciones.Muchos estados han cambiado recientemente su forma de votar. Incluso una modificación menor podría dar lugar a impugnaciones legales, y algunas invitan afirmativamente al caos.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More