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    Trump Says Abortion Will Be Left to the States. Don’t Believe Him.

    When Donald Trump was asked about the recent Florida Supreme Court decision upholding his adopted state’s abortion ban, he promised that he would announce where he stands this week, a sign of how tricky the politics of reproductive rights have become for the man who did more than any other to roll them back. Sure enough, on Monday, he unveiled his latest position in a video statement that attempted to thread the needle between his anti-abortion base and the majority of Americans who want abortion to be legal.Trump’s address was, naturally, full of lies, including the absurd claim that “all legal scholars, both sides,” wanted Roe v. Wade overturned, and the obscene calumny that Democrats support “execution after birth.” But the most misleading part of his spiel was the way he implied that in a second Trump administration, abortion law will be left entirely up to the states. “The states will determine by vote or legislation or perhaps both, and whatever they decide must be the law of the land, in this case the law of the state,” said Trump.Trump probably won’t be able to dodge the substance of abortion policy for the entirety of a presidential campaign; eventually, he’s going to have to say whether he’d sign a federal abortion ban if it crossed his desk and what he thinks of the sweeping abortion prohibitions in many Republican states. But let’s leave that aside for the moment, because when it comes to a second Trump administration, the most salient questions are about personnel, not legislation.Before Monday, Trump had reportedly considered endorsing a 16-week national abortion ban, but the fact that he didn’t should be of little comfort to voters who want to protect what’s left of abortion rights in America. Should Trump return to power, he plans to surround himself with die-hard MAGA activists, not the establishment types he blames for undermining him during his first term. And many of these activists have plans to restrict abortion nationally without passing any new laws at all.Key to these plans is the Comstock Act, the 19th-century anti-vice law named for the crusading bluenose Anthony Comstock, who persecuted Margaret Sanger, arrested thousands, and boasted of driving 15 of his targets to suicide. Passed in 1873, the Comstock Act banned the mailing of every “obscene, lewd, lascivious, indecent, filthy or vile article,” including “every article, instrument, substance, drug, medicine or thing” intended for “producing abortion.” Until quite recently, the Comstock Act was thought to be moot, made irrelevant by a series of Supreme Court decisions on the First Amendment, contraception and abortion. But it was never actually repealed, and now that Trump’s justices have scrapped Roe, his allies believe they can use Comstock to go after abortion nationwide.“We don’t need a federal ban when we have Comstock on the books,” Jonathan F. Mitchell, Texas’ former solicitor general and the legal mind behind the state’s abortion bounty law, told The New York Times in February. Mitchell is very much a MAGA insider; he represented Trump in the Supreme Court case arising from Colorado’s attempt to boot the ex-president off the ballot as an insurrectionist. As The Times has reported, Mitchell is on a list of lawyers vetted by America First Legal, a nonprofit led by the Trump consigliere Stephen Miller, as having the “spine” to serve in a second Trump administration.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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    Why States Have Spent Billions Subsidizing Hollywood

    Inside the costly competition to attract TV and film shoots. State governments use our tax dollars to build roads, fund schools and provide health care. In 38 states, they also ship money off to a high-gloss private industry: Hollywood.And it’s a lot of money. My colleague Christopher Kuo and I found that those states had given out more than $25 billion over the past two decades to subsidize the making of movies and television. The idea is to lure businesses to spend money, employ locals and stimulate the economy.The problem is, the programs are actually huge money losers for states. Studies show that these efforts typically return a quarter or even a dime on every dollar given to studios.Yet lawmakers are not slowing their spending. Quite the opposite. Hollywood is playing states off one another, and the competition has them sweetening their deals to lure productions, economists say. Under mounting pressure from New Jersey, New York recently expanded its film incentive program by 67 percent, to $700 million. Oklahoma went from $4 million to $30 million in just three years, in part to stay competitive with Texas. Then, Texas decided to spend nearly seven times that amount.“You could find almost an unlimited number of better uses for the same dollars,” said Michael Thom, a tax expert at the University of Southern California. “Who on earth would say, ‘Keep giving the money to Hollywood; my kid’s school doesn’t need new books’?”My colleagues and I wanted to understand why these programs persist. This morning, we published the third article in our series about the topic. Here’s a quick look at what we found.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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    Nebraska Republicans Renew Push for ‘Winner Take All’ Electoral System

    A renewed push by Nebraska Republicans to move to a “winner-take-all” system in presidential elections has raised the prospect that the 2024 contest could end in an electoral college tie — with the House of Representatives deciding the winner.Nebraska and Maine are the only states that divide their electoral votes according to the presidential winners of congressional districts. In 2020, Joseph R. Biden Jr. won the eastern district around Omaha and its one vote. On Tuesday, Gov. Jim Pillen of Nebraska, a Republican, threw his support behind a G.O.P.-led bill languishing in the state’s unicameral legislature that would end the practice.“It would bring Nebraska in line with 48 of our fellow states, better reflect the founders’ intent, and ensure our state speaks with one unified voice in presidential elections,” Mr. Pillen wrote in a statement.The resurrection of the state bill was sparked this week by Charlie Kirk, the chief executive of Turning Point USA, a pro-Trump conservative advocacy group, who pressed the state legislature to move forward on social media.Former President Donald J. Trump quickly endorsed the governor’s “very smart letter” on his social media site.And for good reason. If Mr. Biden were to hold Wisconsin, Michigan and Pennsylvania, but lose Georgia, Arizona, Nevada and the one Nebraska vote he took in 2020, the electoral college would be deadlocked at 269 votes each. The House would then decide the victor, not by total votes but by the votes of each state delegation. That would almost certainly give the election to Mr. Trump.But that Sun-Belt-sweep-plus-one scenario still might be out of reach. Democrats in the legislature expressed confidence on Tuesday that they could filibuster the measure, and the state legislative session is set to end on April 18.Conversely, Maine, where Democrats hold the governor’s office and a majority in the legislature, could change its system to take back the electoral vote that Mr. Trump won in 2020. Mr. Biden won Maine by nine percentage points, but Mr. Trump took a vote in the electoral college by winning the state’s rural second district. More

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    Biden Critics Push Democrats to Submit Blank Ballots in New York

    President Biden will face another round of organized protest votes over his wartime support for Israel on Tuesday, when New York and three other states hold presidential primaries.The outcome of the contests is not in doubt for Mr. Biden. But activists infuriated over his handling of the war in Gaza are urging participants to vote “uncommitted” or leave ballots blank to maintain pressure on the president.They have put particular emphasis on New York, a large Democratic state that has been a center for demonstrations against the war, including one during a star-studded Biden campaign fund-raiser last week.Unlike other states, New York does not allow participants in its primary to vote “uncommitted” or write in other options. So organizers have urged voters to register their disapproval of Mr. Biden by leaving their ballots blank instead.The “Leave It Blank” campaign has the support of the local Democratic Socialists of America and the Working Families Party, New York’s influential left-leaning party. But two of the president’s most trenchant Democratic critics around the war, Representatives Jamaal Bowman and Alexandria Ocasio-Cortez of New York, have not promoted it.Antiwar activists argue that the “uncommitted” protests, which began in Michigan in February, have had an effect. After offering Israel unflinching support in the aftermath of Hamas’s deadly attack on Oct. 7, Mr. Biden has grown more openly critical of the American ally’s war strategy in recent weeks. The humanitarian crisis in Gaza has also accelerated after months of Israeli bombardment.Groups are organizing similar votes in three other states holding primaries on Tuesday. In two of them, Connecticut and Rhode Island, primary participants will have the option of voting “uncommitted” if they want to register a protest against the president. In Wisconsin, a crucial swing state, they can choose a similar label, “uninstructed,” to show concern.In another twist, neither Mr. Biden nor his critics are likely to know the size of the protest vote in New York on election night.A spokeswoman for New York’s Board of Elections said the body did not typically report the number of blank ballots cast in presidential primaries in initial, unofficial results because they have no effect on the allocation of party delegates.Organizers of the “Leave It Blank” campaign have threatened to sue the board to pressure it to share the result more quickly. But on Monday, the spokeswoman, Kathleen McGrath, said the board had no reason to change its practice. She said the tally of blank ballots would be public within two weeks. More

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    ‘Fix the Damn Roads’: How Democrats in Purple and Red States Win

    When Gov. Josh Shapiro of Pennsylvania got an emergency call about I-95 last June, his first thought turned to semantics. “When you say ‘collapse,’ do you really mean collapse?” he recalled wondering. Highways don’t typically do that, but then tractor-trailers don’t typically flip over and catch fire, which had happened on an elevated section of the road in Philadelphia.Shapiro’s second, third and fourth thoughts were that he and other government officials needed to do the fastest repair imaginable.“My job was: Every time someone said, ‘Give me a few days, and I’ll get back to you,’ to say, ‘OK, you’ve got 30 minutes,’” he told me recently. He knew how disruptive and costly the road’s closure would be and how frustrated Pennsylvanians would get.But he knew something else, too: that if you’re trying to impress a broad range of voters, including those who aren’t predisposed to like you, you’re best served not by joining the culture wars or indulging in political gamesmanship but by addressing tangible, measurable problems.In less than two weeks, the road reopened.Today, Shapiro enjoys approval ratings markedly higher than other Pennsylvania Democrats’ and President Biden’s. He belongs to an intriguing breed of enterprising Democratic governors who’ve had success where it’s by no means guaranteed, assembled a diverse coalition of supporters and are models of a winning approach for Democrats everywhere. Just look at the fact that when Shapiro was elected in 2022, it was with a much higher percentage of votes than Biden received from Pennsylvanians two years earlier. Shapiro won with support among rural voters that significantly exceeded other Democrats’ and with the backing of 14 percent of Donald Trump’s voters, according to a CNN exit poll that November.Biden’s fate this November, Democratic control of Congress and the party’s future beyond 2024 could turn, in part, on heeding Shapiro’s and like-minded Democratic leaders’ lessons about reclaiming the sorts of voters the party has lost.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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    The Quiet Way Democrats Hope to Expand Their Power at the State Level

    The Democratic Governors Association is beginning a multimillion-dollar effort aimed at appointing more state judges.Locked out of power on the Supreme Court and still playing catch-up against Republicans in the federal judiciary, Democrats are hoping to gain a political advantage on a less visible but still important playing field: the state courts.After flipping the Arizona governor’s seat from Republican to Democratic last year, Gov. Katie Hobbs has appointed 15 judges to the state’s Superior Courts. In five years leading deeply red Kansas, the Democratic governor, Laura Kelly, has named two justices to the Court of Appeals and one to the State Supreme Court.Governors have the power to appoint judges in nearly every state. These responsibilities are set to take center stage in political campaigns this year, as the Democratic Governors Association begins a multimillion-dollar effort, called the Power to Appoint Fund, aimed at key governor’s races.The fund, with a $5 million goal, will focus especially hard on two open seats in 2024 battlegrounds: New Hampshire, where the governor has the power to appoint state court justices, and North Carolina, which elects its justices; the next governor will appoint at least one State Supreme Court justice because of the state’s age limit rules.“Before we had our own abortion amendment issue here in the state of Kansas, I honestly didn’t hear much about court appointments except from attorney groups,” Governor Kelly said in an interview. “But since the Dobbs decision and then our own decision here in the state of Kansas, it’s become more of a forefront issue with folks. People, I think, recognize now more than ever the impact that the courts can have on their daily lives.”Pointing to the rightward tilt of the Supreme Court and important statewide court battles, Meghan Meehan-Draper, executive director of the Democratic Governors Association, said that voters needed to be reminded of the power “Democratic governors have to appoint judges who are going to uphold the rule of law.”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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    Utah Sets Restrictions on Transgender People’s Bathroom Use

    The NewsUtah will prohibit transgender people from using bathrooms in public schools and government-owned buildings that align with their gender identity, after Gov. Spencer Cox signed a bill on Tuesday imposing the restrictions.Demonstrators protest the bill on the steps of the Utah State Capitol in Salt Lake City. Marielle Scott/The Deseret News, via Associated PressBackgroundThe bill, House Bill 257, which passed the Legislature last week, set sweeping restrictions for transgender people.Under the bill, also known as Sex-Based Designations for Privacy, Anti-Bullying and Women’s Opportunities, transgender people can use bathrooms that match their gender identity only if they can prove that they have had gender-affirming surgery and have had the sex on their birth certificates changed.In public schools, students can now use only a bathroom, shower room or locker room that aligns with their sex assigned at birth, with few exceptions. For government-owned buildings, including state universities, the restrictions apply only to showers and locker rooms.Violators may face charges for loitering, and government-owned institutions may face fines if they do not enforce the new rules. The state auditor will be required to establish a process to receive and investigate reports of violations.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?  More

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    Illinois Hearing Officer, a Former Republican Judge, Says Trump Engaged in Insurrection

    But the hearing officer said the State Board of Elections should let the courts decide whether Mr. Trump’s conduct disqualified him from the ballot.A former Republican judge appointed to hear arguments on whether to disqualify former President Donald J. Trump from the Illinois primary ballot said on Sunday that he believed Mr. Trump engaged in insurrection by attempting to remain in office after the 2020 election.But the former judge, Clark Erickson, whose nonbinding opinion will be considered by the State Board of Elections on Tuesday, added that he believed the board did not have the authority to disqualify Mr. Trump on those grounds and that the question should instead be left to the courts.The mixed decision was at least a symbolic setback for the former president, who has faced official challenges to his candidacy in 35 states and has been found ineligible for the primaries in Colorado and Maine. Mr. Trump, the leading Republican candidate for president, is still likely to appear on the primary ballots in both of those states as the U.S. Supreme Court considers an appeal of the Colorado ruling.In Illinois, at least five of the eight members of the Board of Elections would have to vote on Tuesday to remove Mr. Trump for him to be struck from the ballot. The appointed board is made up of four Democrats and four Republicans. Their decision can be appealed to the courts before the March 19 primary.The Illinois challenge, like those in other states, is based on a clause of the 14th Amendment of the U.S. Constitution that disqualifies government officials who “engaged in insurrection or rebellion” from holding office.At a hearing on Friday in downtown Chicago, lawyers for residents objecting to Mr. Trump’s candidacy accused the former president of insurrection and played footage from the riot at the U.S. Capitol on Jan. 6, 2021. Lawyers for Mr. Trump denied the allegation and argued that, in any case, the constitutional clause in question did not apply to the presidency. 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?  More