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      US supreme court hears case that could radically reshape elections

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      US supreme court hears case that could radically reshape electionsCase brought by North Carolina would give partisan state legislatures near total control over elections with no role for courts The US supreme court heard arguments on Wednesday in Moore v Harper, one of this term’s highest profile and most contentious cases which has the potential to fundamentally reshape elections for Congress and the presidency.The justices appeared to be starkly divided along predictable ideological lines as they mulled over the power of state courts to strike down congressional districts drawn by state legislatures because they violate state constitutions.The most terrifying case of all is about to be heard by the US supreme court | Steven DonzigerRead moreRepublicans from North Carolina who brought the case argue that a provision of the US constitution known as the elections clause gives state lawmakers virtually total control over the “times, places and manner” of congressional elections, including redistricting, and cuts state courts out of the process.The Republicans are advancing a concept called the “independent state legislature theory”, never before adopted by the supreme court but cited approvingly by four conservative justices.The direction of questioning at Wednesday’s hearing suggested thatthree of those conservative justices – Samuel Alito, Neil Gorsuch and Clarence Thomas – were open to the idea of adopting the theory, despite decades of precedent from their own court dismissing it. They seemed to have the slightly more tentative backing of Brett Kavanaugh, who was part of the legal team in 2000 that assisted George W Bush through Bush v Gore, the case that in modern times put the independent state legislature theory on the map.On the other side of the argument, the three liberal-leaning justices were profoundly critical of the notion that state legislatures should be given free rein to control federal elections virtually unrestrained by state constitutions and judicial review from state courts. Questions from John Roberts suggested he might be seeking a more narrowly-drawn compromise position.Which left all eyes on Amy Coney Barrett, the third of Donald Trump’s three appointees. Potentially, she might find herself casting the decisive vote.Though it gives little clue as to which side of the fence Barrett will be standing on when the ruling comes down, she did ask several probing questions of the lawyer representing North Carolina’s Republicans. She said that those pushing for state legislatures to be freed up from oversight had a “problem” defining their terms, and she questioned whether the theory had any bearing in legal text.For their part, the liberal justices – Elena Kagan, Ketanji Brown Jackson and Sonia Sotomayor – robustly argued that incorporating the theory into constitutional law would be a threat to democracy. Elena Kagan cited three recent supreme court rulings that all counter the theory.Kagan made an impassioned speech about the potential impact of siding with North Carolina’s Republicans. “Think about consequences, because this is a theory with big consequences … This is a proposal that gets rid of the normal checks and balances on the way big governmental decisions are made in this country, at exactly the time when they are needed most.”She warned that a broad ruling could unleash state legislatures to carry out extreme forms of gerrymandering, tear up voter protections and even certify election results according to their own political interests.Moore v Harper came about after the North Carolina state supreme court struck down districts drawn by Republicans who control the legislature because they heavily favored Republicans in the highly competitive state. The court-drawn map used in last month’s elections for Congress produced a 7-7 split between Democrats and Republicans.North Carolina is among six states in recent years in which state courts have ruled that overly partisan redistricting for Congress violated their state constitutions. The others are Florida, Maryland, New York, Ohio and Pennsylvania.State courts have become the only legal forum for challenging partisan congressional maps since the supreme court ruled in 2019 that those lawsuits cannot be brought in federal court.In North Carolina, Republican lawmakers will not have to wait for the court’s decision to produce a new congressional map that is expected to have more Republican districts.Even as Democrats won half the state’s 14 congressional seats, Republicans seized control of the state supreme court. Two newly elected Republican justices give them a 5-2 edge that makes it more likely than not that the court would uphold a map with more Republican districts.One of the striking features about Wednesday’s legal debate was how the usual ideological positions of the two sides were turned on their heads. The conservative justices, who have often invoked states’ rights in previous rulings – not least in last year’s seminal decision to overturn abortion rights – sounded at times to be almost anti-federalist.After the US solicitor general, Elizabeth Prelogar, accused the petitioners of making an “atextual, ahistorical, and destabilizing interpretation of the elections clause”, Thomas intervened. “I must say, it seems a bit ironic that you’re on the other side of the federalism issue,” he said, apparently unaware of the irony of his own position.By contrast, lawyers speaking against the state legislature theory turned on several occasions to the historical record of the founding fathers as well as close textual analysis of the constitution – tactics normally associated with the rightwing supermajority. “Over 233 years, this court has never second-guessed a state court interpretation of its own constitution in any context,” said Neal Katyal, a lawyer representing Common Cause, an ethics-in-government group which is opposing what it claims is an attempted Republican power grab in North Carolina.TopicsUS supreme courtLaw (US)US voting rightsUS politicsnewsReuse this content More

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      The US supreme court is poised to strike another blow against gay rights | Moira Donegan

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      The US supreme court is poised to strike another blow against gay rightsMoira DoneganThe court is hearing a case that could allow the kind of naked discrimination that the gay rights and civil rights movements fought so hard to end It’s not clear what, exactly, Lorie Smith’s problem is. The Colorado woman aspires to be a web designer; apparently, she’s also upset that gay people can get married. Smith is an evangelical Christian who says that her faith makes her object to same-sex marriage.This wouldn’t be anyone’s problem, except that Smith lives in a state with a robust civil rights law, one that forbids business owners who make their services available to the public from discriminating. But Smith really wants to discriminate: she hopes to be able to turn away gay clients from her as-yet-hypothetical wedding website business; she wants to put a banner at the top of her business homepage proclaiming her unwillingness to design websites for gay weddings. The law would forbid this if she ever went into business, so she’s suing.As of now, none of this has actually come up. At the time Smith filed her lawsuit, demanding an exemption to her state’s law, she didn’t even have a business with which to discriminate. The law has never been enforced against her; she’s never had the opportunity to discriminate that she so craves. It’s not clear, in other words, that she really has standing to sue – she’s never been forced to provide services to gay people, so, in legal parlance, there’s no “injury” to speak of. But Smith is an angry conservative, and she’s found some very well-funded lawyers from the Alliance Defending Freedom, a huge rightwing legal organization that has embarked on a nationwide campaign of lawsuits to erode civil rights protections for gay people.The result is 303 Creative v Elenis, a case in which Smith argues that her religious convictions mean that she shouldn’t have to comply with a generally applicable civil rights law, and should be granted license to discriminate by her state. The US supreme court heard oral arguments on Monday, and the 6-3 conservative majority is certain to hand Smith a victory allowing her to deny service to clients based on sexual orientation.A decision from the court is expected next summer. The question, as happens so often with this rabidly conservative court, is not who is going to win. That question was probably answered the moment the court agreed to hear the case, to the point that briefings and oral arguments in hot-button culture and identity cases like 303 Creative have been rendered largely moot.The question, instead, is how far the court will go: how much the justices will unravel the anti-discrimination laws that govern public accommodations – that is, the laws that say that businesses which serve the public cannot deny service to people based on their identity – and how much discrimination, humiliation and bigotry in public life they will unleash upon gay Americans. The question is whether the speech that Smith can deploy in any other form of her life – any belief that she already has every right to broadcast online, or in her church, or in writing, or by holding a sign up in the street – is also an opinion she is entitled to enforce through the conduct of her business.If the 303 Creative case sounds familiar, that’s because it’s more or less a rerun. In 2018, the supreme court heard Masterpiece Cakeshop v Colorado Civil Rights Commission, another case by a business owner challenging the same state law, this time a baker who didn’t want to make a gay couple’s wedding cake. In that case, the court punted, ruling that lower tribunals had mishandled the case, but not making a decision on the merits about whether an individual businessperson’s opinions trumped civil rights law. But the court looked very different in 2018: that punting opinion was written by Anthony Kennedy, who retired soon thereafter and was replaced by his protege, the beer enthusiast Brett Kavanaugh. Since then the court has lurched even further to the right, and has shown a willingness to indulge even the most far-fetched claims of Christian religious litigants.But it’s worth considering what the court did not do when it agreed to hear 303 Creative: it did not grant certiorari on Smith’s claim that her religious freedom was violated by the anti-discrimination law. This is unusual, for this court: since the Trump justices joined the court, turning it from what was already a quite conservative institution into a maximalist, revanchist one with a culture-war axe to grind, the court has expanded free-exercise-of-religion rights quite rapidly – at least, so long as those free-exercise rights are being exercised by conservative Christians.The court has even specifically used the constitution’s free-exercise clause to imply an entitlement to discriminate against homosexuals: in last summer’s Fulton v Philadelphia, the justices ruled that municipal agencies handling the welfare of children in need were obliged to work with a religiously affiliated adoption agency, even though that agency discriminated against gay couples in violation of city civil rights law.But in 303 Creative the court is only considering Smith’s wish to discriminate as a free speech issue. This opens a new avenue for challenges to civil rights law, and will provide an opportunity for rightwing lawyers to begin unraveling the laws regarding non-discrimination in public accommodations in the wake of the civil rights movement, like pulling on a loose thread to unravel a sweater.Though Smith wants to discriminate only against gay couples, and other exemptions to civil rights law are likely to focus on allowing open bigotry against LGBTQ+ people to be expressed in commercial life, there is no limiting principle that means that only gay people will be targeted. After all, if a website designer is allowed to decline to make a gay wedding website, what stops her from making the same claim to refuse an interracial wedding, or an interfaith one? Is she allowed to decline to make sites for birth announcements of children born to gay couples, or via IVF?I keep thinking of the sign that Smith wants to put at the top of her future business’s webpage, the one that says she won’t make websites for gay weddings. It’s essentially an advertisement of her belief in gay people’s inferiority, an effort to exclude them not just from her own goodwill, but from commercial life. How different is such a sign, really, from those that advertised whites-only lunch counters, or the signs that the late Justice Ruth Bader Ginsburg recalled seeing in the windows of shops when she went on family road trips as a child: “No dogs and no Jews”.It has become vogue, in rightwing legal arguments against civil rights law, to speak of the “indignity” imposed on anti-gay business owners who are forced to comply with anti-discrimination law. It’s a shame that the court doesn’t seem poised to consider the indignity of facing discrimination itself.
      Moira Donegan is a Guardian US columnist
      TopicsUS politicsOpinionUS supreme courtReligionLaw (US)LGBTQ+ rightscommentReuse this content More

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      Rights group calls for Samuel Alito to be investigated after claims of leaked 2014 ruling

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      Rights group calls for Samuel Alito to be investigated after claims of leaked 2014 rulingAnti-abortion activist said supreme court justice revealed the landmark ruling on contraception and religious rights weeks earlier A civil rights group issued a call Saturday for US supreme court justice Samuel Alito to be investigated over allegations that the judge leaked a 2014 landmark ruling involving contraception and religious rights at a private dinner with wealthy political donors.The claim was contained in a New York Times article in which minister Rob Schenck, an anti-abortion activist, said he was told of the decision weeks before it was announced and had used the information to prepare a public relations push.Samuel Alito assured Ted Kennedy in 2005 of respect for Roe, diary revealsRead moreSchenck also claimed he tipped off Hobby Lobby, the craft store chain owned by Christian evangelicals that brought and won the case allowing privately-held, for-profit businesses to be exempt from regulations to which its owners religiously object, in this case requiring employers to cover certain contraceptives for their female employees.“The Senate judiciary committee should immediately move to investigate the apparent leak by Justice Alito,” said Brian Fallon, the executive director of Demand Justice.“This bombshell report is the latest proof that the Republican justices on the court are little more than politicians in robes. It’s no wonder trust in the court has hit a record low. Structural reform of the court, including strict new ethics rules, is needed now more than ever.”Fallon added that Schenck “should be called to testify about both the leak and the years-long lobbying effort he once led to cultivate Alito and other Republican justices”.Claims of the judicial leak, potentially for political purposes, comes six months after a draft opinion of the Dobbs decision overturning the nationwide abortion rights established by the 1972 case Roe v Wade was leaked ahead of its June publication.In a letter to supreme court chief justice John G Roberts Jr dated 7 June, Schenck wrote that he was reaching out to the judge “to inform you of a series of events that may impinge on the investigation you and your delegates are undertaking in connection with the leak of a draft opinion”.He described a dinner at which an unnamed political donor invited to dine at the home of Alito and his wife, Martha-Ann, had offered to try to glean information about the pending decision in the Hobby Lobby case.The next day, the Times reported, the dining guest called Schenck and told him Alito had written the majority opinion in the case and that Hobby Lobby would win. That exact decision was publicly announced less than a month later.Schenck concluded the letter to Roberts by saying he “thought this previous incident might bear some consideration by you and others involved in the process”.How that directly reflects on the current investigation into the leak of the Dobbs decision is not clear, but it arrives at a time of concern for the court’s legitimacy as it works under the sway of a conservative supermajority. Polls show that a majority of Americans are losing confidence in the supreme court.After the leak in May of the Dobbs decision draft, Alito called the unauthorized disclosure “a grave betrayal” and ordered an investigation by the supreme court’s marshal.The Times noted that Schenck’s account has “gaps”. But the newspaper’s examination of the claim uncovered emails and conversations that “strongly suggested” that Schenck knew of the decision before it was made public.TopicsUS supreme courtAbortionRoe v WadeContraception and family planningReligionUS politicsnewsReuse this content More

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      How the fall of Roe shattered Republicans’ midterm dreams

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      How the fall of Roe shattered Republicans’ midterm dreamsWomen and young people, furious over losing federal abortion protections, helped Democrats defy expectations This summer, after a tectonic decision by the supreme court to overturn Roe v Wade eliminated the nearly 50-year-old constitutional right to abortion, Joe Biden predicted American women would revolt. Republicans, however, saw a “red wave” brewing, fueled by widespread economic discontent.On Thursday, after Democrats defied historical expectations in the first major election of the post-Roe era, Biden effectively declared: “I told ya so.”Young voters hailed as key to Democratic successes in midtermsRead more“Women in America made their voices heard, man,” the president told a crowd of supporters at the Howard Theater in Washington on Thursday. “Y’all showed up and beat the hell out of them.”The 2022 midterm elections were expected to usher in staggering losses for Democrats. The party in power typically fares poorly, and with Biden’s approval ratings mired in the low 40s, Republicans were expected to make significant gains.That is not how the results unfolded. As the vote count continues in several key races, Republicans appear on track to win a far narrower House majority than they hoped, while Democrats may retain control of the Senate.As a fuller portrait of the results emerges, advocates, Democrats and even some Republicans say one thing is clear: abortion proved a defining issue. Fury over the loss of federal abortion protections galvanized women and young people and delivered a string of unexpected victories for Democrats and new protections for reproductive rights.“You cannot have half of the population have their body autonomy put under threat and not expect it to be mobilizing,” said Heidi Sieck, the CEO and co-founder of #VoteProChoice. “And that’s what we saw across the board with young people showing up, women showing up, newly registered women being more than two- thirds of the newly registered voters.”Exit polls conducted for news networks by Edison Research showed that abortion was the top issue for many Americans, especially people under the age of 30. And about 60% of voters said they were dissatisfied or angry with the supreme court’s decision to overturn Roe, according to exit polls conducted by AP Votecast.In every state where an abortion-related measure was on the ballot, voters chose either to enshrine protections or reject new limits. And it was a decisive issue in battleground states like Michigan and Pennsylvania, where the future of abortion access was at risk.In Michigan, voters decisively approved a ballot initiative establishing a state constitutional right to reproductive freedom, effectively stopping a 1931 abortion ban from ever taking effect.They also lifted Democrats to power at all levels of government, re-electing Governor Gretchen Whitmer and Attorney General Dana Nessel and wresting control of the state legislature from Republicans for the first time in decades. Whitmer defeated Tudor Dixon, a Trump-backed Republican who said she opposed abortion in nearly all cases, including when the pregnancy resulted from rape or incest.Before the election, the Michigan congresswoman Elissa Slotkin, who was considered one of the most vulnerable Democrats, told the Guardian that she believed her political fate was tied to the result of the state’s abortion proposal. On Tuesday, she held on comfortably.In Pennsylvania, where exit polls showed that abortion was the top issue on voters’ minds, Josh Shapiro, the Democratic nominee for governor, won in a landslide. He defeated Doug Mastriano, a far-right Republican and one of his party’s most strident opponents of abortion rights.The Democrat John Fetterman won Pennsylvania’s race for Senate against Republican Mehmet Oz, after seizing on a remark that Oz made during a debate in which he appeared to suggest that the decision to have an abortion should rest with women, doctors and “local political leaders”.The issue resonated in red states and blue ones. Like Michigan, California and Vermont approved ballot initiatives to protect abortion rights in their state constitutions. Meanwhile, in deep red Kentucky, voters rejected a ballot initiative that would have explicitly denied constitutional protections for abortion, even as they granted the Republican senator Rand Paul another term. And in Montana, another reliably conservative state, an attempt to impose new restrictions on the procedure failed.David Shor, a Democratic data analyst, told the Guardian’s Politics Weekly America that abortion had been “absolutely instrumental” in Democrats’ successes this cycle.“Abortion really up until very recently was a pretty neutral issue for Democrats – that didn’t mean it was bad, but it wasn’t necessarily a vote-getter in most of the country,” he said. But following the the supreme court decision, he said, abortion suddenly became “the single best issue for Democrats”.“The extent to which voters cared about abortion also skyrocketed,” he said. “Out of the 33 issue areas that we track, abortion went from being the 30th out of 33 most important issues to being the 12th basically overnight.”In the wake of Roe’s fall, Democrats took every opportunity to highlight their support for abortion rights and contrast it with their opponents’ views. They flooded the airwaves with nearly half a billion dollars on abortion-related ads.Voters gave Democrats a wide advantage on the issue, as debates over the loss of abortion rights raised new questions about miscarriage care and exceptions for rape, incest and life of the mother. Republicans, on the defensive, sought to avoid the issue. In several instances, Republican candidates removed references to abortion from their campaign websites.But months later, as the campaign season came to a close, Democrats were second-guessing the strategy. Many pre-election polls showed voters worried more about inflation and crime than abortion. These surveys prompted a bout of angst and finger-pointing. Some Democrats argued that the party had focused too singularly on reproductive rights at the expense of offering a clear economic message.But abortion rights advocates say that logic is flawed – that abortion is an economic issue.“If you’re saying inflation, if you’re saying economy, you’re saying reproductive freedom as well,” Sieck said. “We absolutely miss that connection at our peril.”After Tuesday night, there was little doubt that the issue had been decisive in key races.“For everyone who said abortion was a losing issue; for everyone who said abortion is controversial; for everyone who said abortion is a fringe concern and not the meat-and-potatoes kitchen table problem Michiganders care about: you’re wrong, and the ‘yes’ votes prove it,” said Mini Timmaraju, the president of Naral Pro-Choice America.Even some Republicans conceded the issue may have cost them electorally.“If we lost because of abortion, an issue that was not on the ballot, if we lost because I’m pro-life, because I believe every life has dignity, I’m OK with that,” Matt Birk, the Republican nominee for lieutenant governor in Minnesota said in a concession speech.The string of victories for supporters of abortion rights followed an August vote in Kansas, when voters overwhelmingly rejected an attempt to remove abortion rights from its state constitution. The result underscored the political potency of an issue Democrats had long tiptoed around.On Tuesday, Laura Kelly, the state’s Democratic governor, held off a Republican challenge as did Democratic congresswoman Sharice Davids. With the veto pen, Kelly, like Wisconsin’s governor, Tony Evers, who also won re-election in a closely watched race, can block any potential legislation that would impose new restrictions on the procedure.In Wisconsin and North Carolina, Democrats kept Republicans from winning a supermajority in their state legislatures, meaning lawmakers will not have the power to override a Democratic governor’s veto and pass new abortion restrictions.There were some bright spots for anti-abortion advocates. Conservative judges were elected to the state supreme courts in Ohio and North Carolina, an encouraging sign for proponents bracing for a barrage of challenges to new laws restricting the procedure. Though Democrats may keep the US Senate, they failed to win 52 seats, enough to overcome the resistance in their party to eliminating the filibuster and codifying Roe.And key races have yet to be called, including in Arizona, where the Republican nominee for governor, Kari Lake, has backed a territorial-era abortion ban temporarily halted by a judge.None of what unfolded this election cycle surprised longtime supporters of reproductive rights, but they hope the results will finally convince Democrats that abortion is not only a winning political issue, but a foundational one that should be central to their campaign strategy and governing agendas at the state and federal level.“Abortion is a winning issue and will continue to be in elections to come,” Timmaraju said on Friday. “That means Democrats need to keep reproductive freedom at the top of their policy agenda and fight to not only codify Roe but expand access to abortion and birth control.”TopicsUS midterm elections 2022US politicsAbortionWomenUS supreme courtDemocratsRepublicansfeaturesReuse this content More

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      The US made women second-class citizens. Now we must give a stinging rebuke | Moira Donegan

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      The US made women second-class citizens. Now we must give a stinging rebukeMoira DoneganThe supreme court edict overturning Roe v Wade said women are ‘not without electoral and political power’. That feels almost like a dare Organized feminism has been on the decline in the US since the 1980s, with the radicalism of the second wave giving way to a more diffuse, less focused feminist movement consisting of NGOs, campus activists, online discourse and HR inclusion initiatives. In a way, this is normal. Students of the movement have long spoken of feast and fallow years for feminism, eruptions of activism that are followed by long and virulent backlashes.But feminism has perhaps never received such a dramatic and immediate setback as it did this June. The supreme court’s decision in Dobbs v Jackson Women’s Health Organization undid the major legal achievement of the second wave era, reversing Roe v Wade and ending the constitutional right to an abortion.The result has been chaos, with so-called “trigger bans” blasting into enforcement in some states, long-dormant laws from before the era of women’s suffrage being revived in others and still other states left in limbo, as abortion flickers in and out of legality, depending on the proclivities of whichever judge is determining whichever injunction. Children and teens who are pregnant as a result of incest, rape or exploitation are now forced to travel across state lines for abortions, because they live in states where a fetus or embryo is valued more highly than their own health and potential. Women whose pregnancies are doomed are forced to wait, carrying fetuses they know will not live, or to slowly bleed out their miscarriages until either the fetus dies or they go septic.There’s an incalculable amount of cruelty now being forced on pregnant women, and there’s also an insidious kind of debasement being imposed on all women, pregnant or not. Millions of American women and trans people are now living in states where their lives are not their own, where an unplanned pregnancy can derail their educations, careers or plans, where they must live under the indignity of the knowledge that the state can compel them to give birth. That injury is not the kind of acute horror story that we see coming out of states where bans are now in effect. But it is an injury that has been done to each and every woman in America.This indignity is political. For the past five decades, during the Roe era, American women were endowed with a basic level of respect by the right to abortion. They could not be forced to carry a pregnancy to term; their bodies, at least on paper, were their own. This principle lent women a sense of worth and equality under the law, the sense that the freedoms and responsibilities of self-determination and self-respect – of life, liberty and the pursuit of happiness – so revered in the American tradition were theirs, too. The idea was that women were made, by Roe, into full citizens – not members of some lesser class needing monitoring or protection, but equal participants in the American project.This idea was so powerful and potent to American women’s identity that it did not matter what the reality of Roe was. It did not matter that the decision itself was built on legal reasoning about a right to privacy, instead of a more secure, more honest reasoning about equality; it did not matter that the supreme court had never recognized American women as having their own individual right to reject pregnancy. Over the 49 years of its existence, Roe became more than just the 1973 court decision and its logic. It became a symbol, a shorthand for the baseline preconditions of women’s full citizenship.Dobbs erased both the law and the symbol. Women no longer have a constitutional right to an abortion, and we no longer have the dignity that that right gave us. We are now, in many states, subject to laws that criminalize and surveil us, that assess our needs for medical care based on whether we are suffering enough to deserve it, that in many cases treat blobs of tissue, laughably far from anything human, as having rights and interests that trump our own. In one of the most intimate and life-defining aspects of our existence, we find ourselves not quite treated as adults, not allowed to make our own choices, not trusted to know our own interests and not valued in our own right. In pregnancy, women are now less citizens than they are subjects.In his majority opinion ending the constitutional right to abortion, Samuel Alito asserts that he’s not hurting women on the basis of their sex at all, that he is merely handing the issue “back to the states”, as if any state law banning or restricting abortion did not inherently make women less equal. But Alito asserted that women who did not like the Dobbs decision could simply vote to reverse its effects in their own states, and hope that a majority of other voters agreed with them that they should be full citizens with self-determination. “Women are not without electoral or political power,” Alito said, perhaps somewhat regretfully. If they didn’t like the status of second-class citizenship to which his ruling had consigned them, why didn’t they simply vote themselves out of it? Maybe we will. During the midterm elections, American women can vote en masse to restore reproductive freedom.Of course, voting will not be sufficient to restore abortion rights and women’s full citizenship in America. For that, we will need a revival of an organized and radical feminist movement, committed to local engagement, long-term relationship – and institution-building and direct action. The seeds of that movement are already beginning to germinate in the local abortion funds, clandestine mutual-aid efforts and grassroots mobilizations that have helped fill the well of need in the wake of Dobbs. And of course, voting is not easy for everyone – it has been made less easy, and less meaningful, by the actions of the same supreme court.But the midterm elections represent an immediate opportunity for American women to exercise that political power of which Alito spoke. The elections can preserve Democratic majorities in the House and Senate, which can stave off Republican ambitions to ban abortion nationwide; if the majorities are large enough, they may even be able to fulfill Joe Biden’s promise to reinstate Roe by statute. Voting for Democratic governors, attorneys general and state legislators can blunt or reverse the impact of state abortion bans and misogynist laws: a local election, for many women voters, means a choice between a district attorney who will prosecute patients and providers of abortions, and one who will not.Alito’s whole opinion drips with contempt, but the line about American women – that we are “not without electoral and political power” – felt like a dare. American women do have power, perhaps more than Samuel Alito realizes. It’s time to call his bluff.
      Moira Donegan is a Guardian US columnist
      TopicsUS politicsOpinionAbortionWomenRoe v WadeUS supreme courtLaw (US)HealthcommentReuse this content More

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      A Young American Woman Loses Faith After Dobbs Ruling

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      The Fair Observer website uses digital cookies so it can collect statistics on how many visitors come to the site, what content is viewed and for how long, and the general location of the computer network of the visitor. These statistics are collected and processed using the Google Analytics service. Fair Observer uses these aggregate statistics from website visits to help improve the content of the website and to provide regular reports to our current and future donors and funding organizations. The type of digital cookie information collected during your visit and any derived data cannot be used or combined with other information to personally identify you. Fair Observer does not use personal data collected from its website for advertising purposes or to market to you.As a convenience to you, Fair Observer provides buttons that link to popular social media sites, called social sharing buttons, to help you share Fair Observer content and your comments and opinions about it on these social media sites. These social sharing buttons are provided by and are part of these social media sites. They may collect and use personal data as described in their respective policies. Fair Observer does not receive personal data from your use of these social sharing buttons. It is not necessary that you use these buttons to read Fair Observer content or to share on social media. More

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      Trump allies saw Clarence Thomas as key to efforts to challenge 2020 election

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      Trump allies saw Clarence Thomas as key to efforts to challenge 2020 electionEmails show ex-president’s attorney saying justice was ‘our only chance to get a favorable judicial opinion’ by 6 January In a last desperate attempt to delay or disrupt the certification of Joe Biden’s victory in the 2020 presidential race, allies of Donald Trump sought to appeal to conservative supreme court Justice Clarence Thomas, new emails show.The emails, recently obtained by the House select committee investigating the January 6 insurrection, show that members of Trump’s legal team considered Thomas to be “key” to their efforts to overturn Georgia’s election results.“We want to frame things so that Thomas could be the one to issue some sort of stay or other circuit justice opinion saying Georgia is in legitimate doubt,” Trump attorney Kenneth Chesebro wrote in an email sent on 31 December 2020. Chesebro, who is now facing the threat of potential disciplinary action over his work supporting Trump’s election denialism, argued Thomas represented “our only chance to get a favorable judicial opinion by Jan 6, which might hold up the Georgia count in Congress”.January 6 marked the day that Congress was scheduled to convene to certify Biden’s victory, but lawmakers’ work on that day was disrupted by a group of Trump’s supporters storming the Capitol. The ensuing violence resulted in the deaths of seven people, according to a bipartisan Senate report.The emails from Chesebro, which were first reported by Politico, were turned over to the January 6 committee after Trump lawyer John Eastman unsuccessfully attempted to fight a subpoena for his communications. US district judge David O Carter ruled late last month that several of Eastman’s documents should be made public, as they demonstrated how Trump’s allies participated in a “knowing misrepresentation of voter-fraud numbers in Georgia when seeking to overturn the election results in federal court”.Carter, an appointee of Bill Clinton who previously said it was “more likely than not” that Trump had committed a crime in his efforts to overturn the 2020 results, ruled that Eastman’s emails “sufficiently related to and in furtherance of a conspiracy to defraud the United States”.“The emails show that President Trump knew that the specific numbers of voter fraud were wrong but continued to tout those numbers, both in court and to the public,” Carter wrote in his decision.The newly released messages indicate that Eastman agreed with Chesboro’s plan to involve Thomas and expressed hope that a favorable ruling from the supreme court would help to “kick the Georgia legislature into gear”, potentially preventing Biden from claiming his earned electoral votes. Three counts of Georgia’s 2020 ballots confirmed that Biden defeated Trump in the battleground state by roughly 12,000 votes.The release of the emails represented only the latest legal setback for Eastman, who repeatedly invoked his fifth amendment right against self-incrimination when he testified before the January 6 committee. FBI agents seized Eastman’s phone in June, as part of a justice department investigation of efforts to overturn the 2020 election results, and the Trump lawyer’s appeals to reclaim the device have failed.The latest batch of emails do not include any correspondence from Thomas, although the justice’s wife, conservative activist Ginni Thomas, has become entangled in the January 6 committee’s investigation.Thomas voluntarily spoke to January 6 investigators in late September, after her communications with Trump’s former chief of staff, Mark Meadows, were made public. In her text messages with Meadows, Thomas repeatedly urged the Trump adviser to stand firm in efforts to overturn the results of the 2020 election, even after it became clear that Biden had won.“Help This Great President stand firm, Mark!!!” Thomas wrote in a text message sent on 10 November, after news networks had called the election for Biden. “You are the leader, with him, who is standing for America’s constitutional governance at the precipice. The majority knows Biden and the Left is attempting the greatest Heist of our History.”Thomas also lobbied legislators in Arizona and Wisconsin, encouraging them to help overturn Biden’s victories in the two battleground states, according to emails obtained by the Washington Post earlier this year.Speaking to January 6 investigators behind closed doors, Thomas indicated that she still believes Trump’s baseless claims of widespread fraud in the 2020 election, committee chair Bennie Thompson told reporters. In her opening statement before the committee, Thomas also insisted that she did not discuss efforts to overturn the election results with her husband, saying they have “an ironclad rule” not to speak about cases pending before the supreme court.“It is laughable for anyone who knows my husband to think I could influence his jurisprudence – the man is independent and stubborn, with strong character traits of independence and integrity,” Thomas said in the statement, which was obtained by the New York Times.Nonetheless, the mention of Thomas’s name in the emails between Chesebro and Eastman will likely intensify calls for the conservative justice to recuse himself from cases related to January 6. So far, those calls have gone ignored.TopicsDonald TrumpUS elections 2020US politicsUS supreme courtnewsReuse this content More

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      US supreme court blocks handover of Trump’s tax returns to Congress

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      US supreme court blocks handover of Trump’s tax returns to CongressRight-dominated court will weigh the former president’s appeal against release sought by Democratic-controlled House The US supreme court’s chief justice, John Roberts, on Tuesday put a temporary hold on the handover of Donald Trump’s tax returns to a congressional committee.Roberts’s order gives the supreme court time to weigh the legal issues in the former president’s emergency appeal to the high court, filed on Monday.Without court intervention, the US treasury department could have provided the tax returns to the Democratic-controlled House ways and means committee as early as Thursday.Prosecutors accuse Trump Organization of ‘greed and cheating’ in tax fraud trialRead moreRoberts gave the committee until 10 November to respond. The chief justice handles emergency appeals from Washington DC, where the fight over Trump’s taxes has been going on since 2019.Lower courts ruled that the committee has broad authority to obtain tax returns and rejected Trump’s claims that it was overstepping.If Trump can persuade the nation’s highest court to intervene in this case, he could delay a final decision until the start of the next Congress in January. If Republicans recapture control of the House after the 8 November midterms, they could drop the records request.The temporary delay imposed by Roberts is the third such order issued by justices in recent days in cases related to Trump.The court separately is weighing US senator Lindsey Graham’s emergency appeal to avoid having to testify before a Georgia grand jury that is investigating potential illegal interference by Trump and his allies in the 2020 election in the state.Also before the court is an emergency appeal from Arizona Republican party chairperson Kelli Ward to prevent the handover of phone records to the House committee investigating the January 6 insurrection at the US Capitol.The House Ways and Means panel and its Democratic chairperson, Richard Neal of Massachusetts, first requested Trump’s tax returns in 2019 as part of an investigation into the Internal Revenue Service (IRS) audit program and tax law compliance by the former president. A federal law says the IRS “shall furnish” the returns of any taxpayer to a handful of top lawmakers.The US justice department, under the Trump administration, had defended a decision by the treasury secretary at the time, Steven Mnuchin, to withhold the tax returns from Congress. Mnuchin argued that he could withhold the documents because he concluded they were being sought by Democrats for partisan reasons. A lawsuit ensued.After Joe Biden took the Oval Office, the committee renewed the request, seeking Trump’s tax returns and additional information from 2015-2020. The White House took the position that the request was a valid one and that the treasury department had no choice but to comply. Trump then attempted to halt the handover in court.The Manhattan district attorney at the time, Cyrus Vance Jr, obtained copies of Trump’s personal and business tax records as part of a criminal investigation. That case, too, went to the supreme court, which rejected Trump’s argument that he had broad immunity as president.Trump had most recently sought the justices’ intervention in a legal dispute stemming from the search of his Mar-a-Lago estate in Florida in August. The court rejected that appeal.TopicsUS supreme courtDonald TrumpUS politicsnewsReuse this content More