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      Abortion Arrives at the Center of the American Political Maelstrom

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      The Supreme Court’s decision not to block a Texas law banning most abortions left Republicans eager to replicate it. Democrats reeled, but sensed a winning issue in coming elections.WASHINGTON — The Supreme Court’s decision not to block a Texas law sharply curtailing abortions abruptly vaulted the issue to the forefront of American politics on Thursday, reshaping the dynamics of elections in California this month, in Virginia in November and in midterms next year that will determine control of Congress and statehouses.Republicans hailed the court’s 5-to-4 decision, explained in a one-paragraph middle-of-the-night ruling, as a tremendous victory, allowing a nearly complete ban on abortions to stand in the nation’s second-largest state.For Democrats, it was a nightmare come true: A conservative Supreme Court, led by three appointees of former President Donald J. Trump, had allowed a highly gerrymandered, Republican-controlled state legislature to circumvent Roe v. Wade, the half-century-old decision that enshrined abortion as a constitutional right.Suddenly, supporters of abortion rights found themselves grappling not only with the political and policy failures that had led to this point, but also with the prospect that other Republican-controlled legislatures could quickly enact copycat legislation. On Thursday, G.O.P. lawmakers in Arkansas, Florida and South Dakota promised to do so in their next legislative sessions.Yet Democrats also embraced the opportunity to force an issue they believe is a political winner for them to the center of the national debate. After years of playing defense, Democrats say the Texas law will test whether the reality of a practical ban on abortions can motivate voters to support them.Senator Catherine Cortez Masto of Nevada, a Democrat up for re-election in 2022, said people in her state had fought to protect women’s reproductive freedom and would vote accordingly. “If a Republican is going to go to Washington to roll those freedoms back, I will make it an issue,” she said in an interview. “I don’t think you should underestimate the impact that this issue has to Nevadans.”Republicans held up the Texas law as an example for the country to follow. “This law will save the lives of thousands of unborn babies in Texas and become a national model,” said Lt. Gov. Dan Patrick of Texas. “I pray that every other state will follow our lead in defense of life.”Gov. Kristi Noem of South Dakota, who is considered a potential Republican candidate for president in 2024, said she had directed her office to “make sure we have the strongest pro-life laws on the books.”Senate Democrats’ campaign arm has signaled that it will use abortion rights as a cudgel against Republicans running in key states like Nevada, where Senator Catherine Cortez Masto faces re-election in 2022.Sarahbeth Maney/The New York TimesThe court’s decision, which did not address the substance of the Texas law, creates new urgency for President Biden and congressional Democrats to do more than issue public statements vowing to defend women’s reproductive rights.“The temperature just got a lot hotter on this issue, and I certainly now expect Congress to join in these fights,” said Gov. Michelle Lujan Grisham of New Mexico, the chairwoman of the Democratic Governors Association. “Our voters expect us all to do more.”Yet Senate Democrats do not have the votes to eliminate the filibuster, which would be necessary to change federal abortion law in the evenly divided chamber.In Washington on Thursday, Democratic leaders dutifully scrambled to show their determination to push back against the possibility that the Texas law could be replicated elsewhere — or to respond if the Supreme Court rolls back abortion rights when it rules on a Mississippi law that seeks to ban most abortions after 15 weeks of pregnancy, two months earlier than Roe and subsequent decisions allow.Speaker Nancy Pelosi promised to bring a vote on the Women’s Health Protection Act, which would effectively codify abortion rights into federal law.And Mr. Biden pledged “a whole-of-government effort” in response to the Texas law, directing the Department of Health and Human Services and the Justice Department to identify possible federal measures to help ensure that women in the state have access to safe and legal abortions.“The highest court of our land will allow millions of women in Texas in need of critical reproductive care to suffer while courts sift through procedural complexities,” Mr. Biden said. “The impact of last night’s decision will be immediate and requires an immediate response.”Vice President Kamala Harris added, “We will not stand by and allow our nation to go back to the days of back-alley abortions.”The first election that could test Democrats’ capacity to energize voters over abortion rights comes on Sept. 14 in California, where voters will determine the fate of Gov. Gavin Newsom, who faces a recall effort. Mr. Newsom warned on Twitter that the Texas abortion ban “could be the future of CA” if the recall were successful.In Virginia, Democratic candidates for the state’s three statewide offices and House of Delegates pounced on the issue on Thursday. Former Gov. Terry McAuliffe, who is running to recapture the office in November, said the fight for abortion rights would help motivate Democratic voters who might be complacent after the party captured full control of state government in 2019 and helped Mr. Biden win the state last year.“We are a Democratic state. There are more Democrats,” Mr. McAuliffe said. “But this is an off-off-year, and getting Democrats motivated to come out, that’s always the big challenge.”Eyeing 2022, the Democrats’ Senate campaign arm has signaled it will use abortion rights as a cudgel against Republicans running in states like Florida, New Hampshire, Nevada and North Carolina. Democrats planning campaigns for governor next year are preparing to brand themselves as the last line of defense on abortion rights, particularly in states with Republican-controlled legislatures.“People are now waking up to the fact that the battle will now be in the states, and they recognize that the only thing, literally the only thing standing in the way of Pennsylvania passing the same ban that Texas just passed, is the veto pen of our Democratic governor,” said Josh Shapiro, the Pennsylvania attorney general, a Democrat who has said he expects to enter the race to succeed Gov. Tom Wolf. “I’ve given up on the politicians in Washington. I don’t think we can count on them anymore.”Former Gov. Terry McAuliffe of Virginia, who is running for his old post this year, believes abortion access will be a motivating factor for voters.Pete Marovich for The New York TimesThough Republicans have long made overturning Roe a central political goal — as a candidate in 2016, Mr. Trump predicted that his eventual Supreme Court appointees would do so — there was still a palpable sense of shock among Democrats. Despite the court’s 6-to-3 conservative majority, many Democrats seemed mentally unprepared for Wednesday’s ruling.“You can’t plan for a blatantly false or unconstitutional court ruling like this,” said Representative Conor Lamb of Pennsylvania, a Democrat who is running for his state’s open Senate seat next year.Understand the Texas Abortion LawCard 1 of 4The most restrictive in the country. More

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

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

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      Most extreme abortion law in US takes effect in Texas – video

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      The US state of Texas has enacted the strictest anti-abortion law in the country, banning all abortions after about six weeks of pregnancy – before most women know they are pregnant. The law gives private citizens the power to sue abortion providers and anyone who ‘aids or abets’ an abortion after six weeks. Citizens who win such lawsuits would be entitled to at least $10,000. There is concern this will spur abortion ‘bounty hunters’

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

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

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

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

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      Most extreme abortion law in US takes effect in Texas

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      TexasMost extreme abortion law in US takes effect in TexasUS supreme court fails to act to block near-total ban that allows private citizens to sue abortion providers Mary TumaWed 1 Sep 2021 07.25 EDTLast modified on Wed 1 Sep 2021 15.19 EDTThe most radical abortion law in the US has gone into effect, despite legal efforts to block it.A near-total abortion ban in Texas empowers any private citizen to sue an abortion provider who violates the law, opening the floodgates to harassing and frivolous lawsuits from anti-abortion vigilantes that could eventually shutter most clinics in the state.It’s time to brace ourselves for a world without Roe v Wade. Here’s what we must do | Kathryn Kolbert and Julie F KayRead more“Abortion access will be thrown into absolute chaos,” says Amanda Williams, executive director of the abortion support group the Lilith Fund, a plaintiff in the suit that challenged the law. “Unfortunately, many people who need access the most will slip through the cracks, as we have seen over the years with the relentless attacks here in our state.“It is unbelievable that Texas politicians have gotten away with this devastating and cruel law that will harm so many.”Senate Bill 8, ushered through the Republican-dominated Texas legislature and signed into law by the Republican governor, Greg Abbott, in May, bars abortion once embryonic cardiac activity is detected, which is around six weeks, and offers no exceptions for rape or incest. Texas is the first state to ban abortion this early in pregnancy since Roe v Wade, and last-minute efforts to halt it through an appeal to the US supreme court by Tuesday did not succeed.While a dozen other states have passed similar so-called “heartbeat” bills, they have all been blocked by the courts. The Texas version is novel in that it is intentionally designed to shield government officials from enforcement, and thus make legal challenges more difficult to secure. It instead incentivizes any private citizen in the US to bring civil suit against an abortion provider or anyone who “aids or abets” the procedure.The law “immediately and catastrophically reduces abortion access in Texas”, say state abortion providers, and will probably force many abortion clinics to ultimately close. It will prevent the majority of Texas women (85%) from accessing abortion care, as most aren’t aware they are pregnant as early as six weeks.Planned Parenthood, which operates 11 clinics in the state, and Whole Woman’s Health clinics told the Guardian they would comply with the extreme law despite the fact that it is contrary to their best medical practices. In the days leading up to the law’s enactment, Texas clinics say they have been forced to turn away patients who need abortion care at the law’s cutoff point this week and into the near future.Some abortion physicians in Texas have opted to discontinue offering services, choosing to forgo the potential risk of frivolous and costly lawsuits. For instance, most of the physicians across the four Whole Woman’s Health clinics in Texas will not continue care to prevent jeopardizing their livelihoods, said the clinic founder, Amy Hagstrom Miller.‘Radicalized’ anti-abortion movement poses increased threat, US warnedRead more“We are all going to comply with the law even though it is unethical, inhumane, and unjust,” Dr Ghazaleh Moayedi, a Texas abortion provider and OB-GYN, said. “It threatens my livelihood and I fully expect to be sued. But my biggest fear is making sure the most vulnerable in my community, the Black and Latinx patients I see, who are already most at risk from logistical and financial barriers, get the care they need.”The law will force most patients to travel out of state for care, increasing the driving distance to an abortion clinic twentyfold – from an average of 12 miles to 248 miles one-way, nearly 500 miles round-trip, the Guttmacher Institute found. And that is only if patients have the resources to do so, including time off work, ability to pay for the procedure, and in some cases childcare.Providers and abortion fund support groups – who help finance travel, lodging, and direct service for low-income women through donations – have spent months scrambling to coordinate with out-of-state clinics, including in New Mexico and Colorado, to ensure patients receive timely care when SB8 goes into effect. Last year, the state was offered a glimpse of what would happen if abortion care ceased: when the state barred most abortion procedures amid the Covid-19 pandemic in March 2020, the number of patients who traveled out of state for care jumped nearly 400%.Many abortion-seeking women are expected to be delayed until later in pregnancy and others will be forced to carry pregnancy to term or try to end their pregnancies without medical oversight, abortion providers caution. As with most abortion restrictions, low-income women and women of color will bear the greatest burden under SB8.Physicians are not the only ones that could be targeted under SB8: a breathtakingly wide range of people and groups, including clinic nurses, abortion fund workers, domestic violence and rape crisis counselors, or even a family member who offers a car ride to the clinic could now face suit from strangers. Those who sue can collect a minimum of $10,000 if they win, but if providers are legally successful they cannot recoup any legal payment. The law, say providers, will spur abortion “bounty hunters”.The law’s radical legal provision is the first of its kind in the country.The state’s major anti-abortion lobby group, Texas Right to Life, have already helped empower anti-abortion activists to enforce the law by creating a website that invites “whistleblowers” to report violations of SB8. (In response, pro-choice advocates have flooded the digital entry forms with satirical information.)Abortion providers, funds, and clergy members, represented by the Center for Reproductive Rights, Planned Parenthood Federation of America, and the American Civil Liberties Union, filed suit against SB8 in July, writing that the law would “create absolute chaos in Texas and irreparably harm Texans in need of abortion services.”A preliminary injunction hearing was originally set for Monday 30 August in federal court. However, the largely conservative fifth circuit court of appeals cancelled the hearing on Sunday afternoon and denied the plaintiffs’ request to allow the district court to block the law. Providers then appealed to the US supreme court for emergency relief.But the court failed to act before the law took effect on Wednesday, allowing it to proceed. While the nation’s high court, which now holds a strong anti-choice contingent, plans to consider a Mississippi 15-week ban that could test Roe v Wade during the next term, its lack of action in the Texas case signals the possible early unraveling of Roe.Texas is already one of the most difficult states in the US in which to access abortion due to a slew of state laws pushed by the Republican-dominated legislature over the past decade, including a 24-hour waiting period, a 20-week abortion ban, restrictions on telemedicine, and a prohibition on private and public insurance. It is home to the highest number of abortion deserts – cities in which an abortion-seeking patient must travel at least 100 miles for care – in the country.Following the passage of a 2013 multi-part law known as House Bill 2, roughly half of the state’s abortion clinics shuttered – dropping from 40 to less than 20. While the law was eventually struck down by the US supreme court in 2016, many clinics were unable to reopen. Large swaths of the state – including the Panhandle and west Texas – are without an abortion clinic, forcing women to travel great distances for care.TopicsTexasAbortionGenderUS politicsnewsReuse this content More

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      Texas legislature gives final approval to sweeping voting restrictions bill

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      The fight to voteTexasTexas legislature gives final approval to sweeping voting restrictions billBill, nearly identical to a measure that passed last week, gives poll watchers more power and prohibits 24-hour and drive-thru voting The fight to vote is supported byAbout this contentTue 31 Aug 2021 18.50 EDTLast modified on Tue 31 Aug 2021 18.52 EDTSign up for the Guardian’s Fight to Vote newsletterThe Texas legislature gave its final approval on Tuesday to a new bill that would impose substantial new restrictions on voting access in the state.The restrictions would only add to those already in place in Texas, which has some of the most burdensome voting requirements in the US and was among the states with the lowest voter turnout in 2020.The Texas house of representatives gave its approval to a final form of the measure on Tuesday, 80-41. The senate quickly followed with an 18-13 vote Tuesday afternoon. The bill, nearly identical to a measure that passed the legislature last week, would prohibit 24-hour and drive-thru voting – two things officials in Harris county, home of Houston, used for the first time in 2020.‘Democracy will be in shambles’: Democrats in last-ditch effort to protect voting rightsRead moreIt would also prohibit election officials from sending out unsolicited applications to vote by mail, give poll watchers more power in the polling place and provide new regulations on those who assist voters.The bill now goes to the desk of Governor Greg Abbott, a Republican. Civil rights groups are expected to swiftly challenge the measure once it is signed into law.The sole remaining point of disagreement between the two houses on Tuesday was a provision inserted by the House that would have clarified people could not be prosecuted for illegally voting unless they knew they were ineligible.The bipartisan provision was inserted after Crystal Mason, a woman from Fort Worth, was prosecuted and sentenced to five years in prison for mistakenly voting while ineligible in 2016. Lawmakers ultimately removed the protection after objections from the Texas senate Republicans, who said it could be used to protect non-citizens who illegally voted, according to the Fort Worth Star-Telegram. The Texas attorney general, Ken Paxton, is also bringing charges against Hervis Rogers, who waited seven hours in line to vote in 2020, but appears to be ineligible because he was on parole for a 1995 felony conviction.The bill marks the end of a weeks-long standoff between Democrats and Republicans over the bill. In late May, Democrats walked out of the legislature, denying Republicans the necessary quorum to pass the initial version of the bill, which would have made it easier for judges to overturn elections and restricted early voting on Sundays, a day traditionally used by African American churches to encourage people to vote.Republicans subsequently cut both provisions from the bill. But before a new version could be considered in a July special session, Democrats in the state house left the state and flew to Washington DC, again denying Republicans a quorum to proceed with legislation. While the Democrats in Washington lobbied federal lawmakers to pass federal voting restrictions, state senator Carol Alvarado undertook a 15-hour filibuster on the senate floor to try and block the measure.Earlier this month, after Abbott called a second special session to consider the measure, the house speaker, Dade Phelan, signed civil arrest warrants for the Democrats who refused to show up at the capitol (no one was ultimately arrested). But slowly, a trickle of Democrats began to return to the capitol, giving Republicans a majority, and enraging Democrats who wanted to continue to stay away.Democrats always knew Republicans would eventually pass the bill. But they hoped that by staying away from the capitol, they were buying time for Congress to act while also trying to hold negotiating leverage with Republicans, Rafael Anchía, a Democratic state representative, told the Guardian earlier this month.While the new law is likely to be aggressively challenged in court over the next few months, Democrats made it clear that the only way to stop it would be federal voting reform. The filibuster, a senate rule that requires 60 votes to advance legislation, stands in the way.“At this point, there is only one solution to preserve democracy and voting rights in Texas and around the country: we must enact federal legislation that will protect our voting rights,” Gilberto Hinojosa, the chairman of the Texas Democratic party, said in a statement.“We need the US Senate to take up the baton, pass this bill into law, and preserve our democracy. Nothing less is on the line.”TopicsTexasThe fight to voteUS voting rightsRepublicansDemocratsUS politicsnewsReuse this content More