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    Republicans wanted fewer abortions and more births. They are getting the opposite | Judith Levine

    Dobbs v Jackson Women’s Health Organization, the US supreme court case that rescinded the constitutional right to abortion, is failing on its own terms. Since the ruling, in June 2022, the number of abortions in the US has risen. Support for reproductive rights is on the upswing. And the rate of voluntary sterilization among young women – a repudiation of Trumpian pronatalism, if a desperate one – jumped abruptly after Dobbs, and there’s no reason to believe it will drop off.Also rising at an alarming clip are preventable maternal deaths and criminal prosecutions of pregnant people.Yet the 21 state legislatures that have imposed total or near-total bans are doing little or nothing to give doctors legal leeway to save the health and lives of pregnant women in medical distress, even if that means inducing abortion. In fact, rather than trying to save lives, they are prosecuting pregnant people who handle those emergencies on their own.The first three – more abortions, more pro-abortion sentiment, more contraception –have frustrated the anti-abortion crowd no end. They know they need stronger disincentives to abortion.Which brings us to the latter two: more punishment and more death. Was punishment the aim all along? And has the anti-abortion movement accepted pregnant people’s deaths as an unfortunate consequence of saving the pre-born?According to the Guttmacher Institute, abortions rose 1.5% in 2024 from 2023, on top of a 11.1% leap in the first year after Dobbs, compared with 2020, before the near-bans enacted in several states that presaged the ruling.It’s also probably an undercount. The statistics include only “clinician-provided abortions”, either surgical or medical (using abortion pills), performed in healthcare facilities or via telemedicine. Guttmacher does not estimate how many abortions are happening outside the formal healthcare system, with drugs obtained directly from suppliers or through feminist underground networks.Indeed, Plan C, the country’s biggest clearinghouse for pill access, reports 2m visits to its website and 500,000 click-throughs to resources and care in 2024, a 25% increase from the year before. How many of those people ended their pregnancies at home, with only a friend or lover in attendance? Anecdotal evidence gleaned from activists suggests they number in the tens of thousands.At the same time, rather than making abortion “unthinkable”, as the anti-abortion activists pledge, the bans may be having the opposite effect. An analysis of two restrictive states, Arizona and Wisconsin, and one with broad access, New Jersey, found that negative attitudes toward abortion are down and positive ones up, in both red and blue states.And if the goal of banning abortion is to produce more children, that’s not working either. Public health researchers saw “an abrupt increase in permanent contraception procedures” – sterilization – following Dobbs among adults in their prime reproductive years, ages 18 to 30. Unsurprisingly, the increase in procedures for women (tubal ligations) was twice that for men (vasectomies).The Trump administration is cheerleading for procreation. “I want more babies in the United States of America,” declared JD Vance in his first public appearance as vice-president, at the March for Life in Washington. He blamed the declining birth rate on “a culture of abortion on demand” and the failure “to help young parents achieve the ingredients they need to lead a happy and meaningful life”. The federal budget extends some of that help. It raises the annual child tax credit (CTC) from $2,000 to $2,200. It also creates “Trump accounts”, $1,000 per child, which parents or employers can add to.But only those with social security numbers are eligible for either program; the tax credit is available only to people who earn enough to pay taxes; and as with any investment, those able to sow more in the savings accounts reap more. It’s clear what sort of baby the administration wishes to be born: white babies with “American” parents, and not the poorest.The carrots are not appetizing enough. The stick is not effective enough. So red-state legislators and prosecutors are ramping up the punitive approach.This year, Republican lawmakers in at least 10 states introduced bills defining abortion as homicide, and, for the first time, criminalizing both the provider and the patient.No such bill has passed – yet – and anti-abortion organizations are usually quick to renounce them publicly, nervous about widespread opposition. But their passage might not be far off. The bills are based on fetal personhood – the concept of conferring full legal rights to a fetus from conception forward. The idea was introduced in 1884 and finally written into one state’s law in 1986. By 2024, 39 states had fetal homicide laws. Last year, there were three bills criminalizing the person who has an abortion; now there are 10. And though the federal courts rejected fetal personhood for a century, it is the bedrock of anti-abortion politics, and this US supreme court is looking much more friendly toward it.While they work toward straightforward criminalization of ending one’s own pregnancy, anti-abortion lawmakers and prosecutors are making creative use of existing law to punish miscarriage, an event indistinguishable from elective abortion, just in case the pregnant person induced the miscarriage. The most ghoulish is the prohibition on abusing corpses.For instance: last week a 31-year-old South Carolina woman who miscarried and disposed of the tissue in the trash was arrested for “desecration of human remains”, a crime carrying a 10-year sentence. In March, a woman found bleeding outside her Georgia apartment after a miscarriage was jailed for “concealing the death of another person” and “abandonment of a dead body” for placing the remains in the bin. A week before that, a Pennsylvania teenager was under investigation for corpse abuse after a self-managed pill abortion and burial of the fetus in her yard.In a grim sense, these are the lucky ones: they survived. Because Dobbs has indisputably been deadly.“Mothers living in states that banned abortion were nearly twice as likely to die during pregnancy, childbirth, or soon after giving birth” as mothers living in states where abortion was legal and accessible, reports the Gender Equity Policy Institute. Maternal mortality rose 56% in Texas after it enacted a six-week ban; a Texan’s risk was one and a half times that of a Californian’s.The future isn’t sunny. A study of 14 total-ban states predicts that in the four years beginning a year after Dobbs, up to 42 mothers will die and as many as 2,700 will be afflicted with “severe maternal morbidity”, defined by the CDC as “unexpected outcomes of labor and delivery that result in significant short-term or long-term [health] consequences”. In one analysis Black women represented 63% of the deaths.The anti-abortion movement is indefatigable. “We abolishioners will not rest until we have effected the abolishment of human abortion,” one leader told Oklahoma Voice. But this is an unattainable grail. Where abortion is illegal, people still have abortions. They just take more risks. Globally, more than 39,000 women die yearly from unsafe abortions.As they run out of options, red-state lawmakers will harden criminal penalties against people who refuse to give up their reproductive self-determination. It may grow less outré to endorse Trump’s opinion, expressed in an unguarded moment, that women who get illegal abortions “deserve some form of punishment”. Whether intentional or not, the sentence for some of those women will be death.

    Judith Levine is Brooklyn-based journalist, essayist and author of five books. Her Substack is Today in Fascism More

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    Childcare is a hellscape for most US families. Why isn’t there a bigger push for change?

    In 2021, Bri Adams was pregnant with her first child and began signing up for waitlists for childcare – eight, to be exact. She was thrilled when she found a spot, but was quickly horrified when the childcare shut down abruptly.It “kind of broke my brain a bit”, said Adams, a 34-year-old tech director from Falls Church, Virginia. Scrambling again, she found a new location close to the family’s home.Like Adams’s household, two-thirds of US families with young children – including middle- and upper-middle-class families who frequently command politicians’ attention – have had all available parents in the workforce since the late 1990s. Yet parents still struggle mightily to access quality childcare; large majorities say it is hard to find and afford care, and the cost of care continues to rise at a faster rate than inflation.As near-universal as these challenges are, there is a persistent and surprising lack of a mass movement demanding major childcare reforms. US parents are basically on their own to figure out solutions for their families. Adams “considers herself lucky” that she and her husband, who take home $11,000 each month after taxes, can spend more than $50,000 a year on their two kids’ childcare. Childcare remains their biggest expense, costing a whopping $4,300 a month – $800 more than their mortgage. As Adams asked: “If I am feeling such intense financial stress when we make $300,000 a year, how on earth are people managing who make so much less and have zero safety net?”View image in fullscreenOther countries like Canada, Germany and Ireland have made transformative changes to their previously inadequate systems, partly spurred on by parents like Adams. In February 2020, for instance, more than 30,000 parents and childcare providers flooded the streets of Dublin, an event credited with elevating childcare to a top-tier political issue and securing more public funding. Despite the long-broken American childcare system, there has never been a successful and sustained mass mobilization demanding the government do something to fix the problem.So what has held the US back from achieving such a program, even though polling suggests it would be widely popular for families, and a boon to our communities and economy?The historical divide in childcareThe US has long had a fraught and contradictory relationship with childcare, one wrapped up in clashes over the role of the family versus the state and tainted by sexism and racism. These tensions culminated with an epic failure in the 1970s, the consequences of which still reverberate today.For most of the 19th century, working- and middle-class families lived on self-contained farms or ran small family businesses. Young children worked on those farms or in those businesses, and childcare responsibilities were shared among family members. For families of means, beginning with slavery and continuing well into the present day, women of color have provided unpaid or undercompensated care for upper-class families, even while frequently being unable to care for their own families.During the second world war, with men at war and women taking on the manufacturing jobs at home, the US briefly created a successful, publicly supported childcare system. However, many workplaces restricted mothers from the workplace when the men returned.But by the late 1960s, mothers were entering the paid labor force in droves, representing one of the largest labor market shifts in modern American history. Organizing efforts came together in 1971 to help Congress pass the Comprehensive Child Development Act, a bipartisan bill that would have begun creating a nationally funded, locally run network of childcare centers.View image in fullscreenBy this time, however, the progressive New Deal coalition of the 1930s – riven both by the disaster in Vietnam and cultural conflicts at home – was giving way to a free-market order marked by a distrust of government intervention. The act was subsequently vetoed by Richard Nixon on the grounds that it would assert the government’s authority “against the family-centered approach”.In a span of only 30 years, while the US’s European counterparts began investing in broad-based childcare systems as they needed women to work and rebuild countries devastated by war, the United States went from considering the idea of a federally funded childcare system to entrenched opposition.Childcare as a ‘private family issue’Access to childcare has deep economic implications, and it’s also a social issue mired in cultural policies that ask: who gets to work and who should be at home watching kids? Through the 1950s, many companies explicitly discriminated against married women or mothers in hiring or retention. Popular TV shows of the era, from Father Knows Best to The Adventures of Ozzie and Harriet, reinforced a traditionalist view of gender dynamics around care. Even today, many parents continue to say that it is primarily parents’ responsibility to figure out how to make childcare work.Sandra Levitsky, a sociologist at the University of Michigan who has studied US care movements, explained that deep-seated ideologies were “hard to shift” and believes the leap from being seen as a private issue to a public one is “at the heart” of what needs to change for the movement to expand. “If it couldn’t happen [during Covid] – when women were literally quitting their jobs to care for their kids – what is going to happen now?” she said.On a national level, childcare has what political science calls a “salience” problem. Today’s voters say they support childcare measures, even regularly approving measures on state and local ballots. Yet very few politicians are elected or defeated due to their childcare stance.When parents get politicalHistory has shown that parents can, however, be a remarkably effective and galvanized voting bloc: parents led organizing efforts following the Sandy Hook elementary school massacre by launching Moms Demand Action, and conservative parents concerned about Covid school restrictions responded by forming Moms for Liberty. It was a bereaved parent who started Mothers Against Drunk Driving, while in an earlier era, mothers’ groups were instrumental in the fight against child labor through pamphleteering, hosting public lectures and pressuring legislators.Since the pandemic, multiple major parent organizing efforts with childcare as a main pillar have launched or scaled up, and more philanthropic dollars have flowed to the movement. The increase in childcare advocacy funding is consequential: for decades, childcare organizers have scraped by with limited resources, the equivalent of bringing a horse-and-buggy to the political racetrack.Chamber of Mothers, of which Bri Adams is a part, was formed in 2021 by a group of social media-savvy mothers incensed after $400bn in childcare funding was dropped from the Build Back Better legislation. The chamber now has dozens of chapters across the nation where mothers come together to build community, learn about public policy issues and organize politically. Another group, Moms First, developed out of an effort to create a “Marshall plan for moms” in the midst of the pandemic, and founder Reshma Saujani was the one who asked then candidate Donald Trump a childcare question during the presidential campaign; Trump’s rambling response about how “the childcare is childcare” went viral. Additionally, several philanthropic entities in 2018 created the Raising Child Care Fund, which provides funding to 20 social justice-focused childcare organizing groups. Collectively, these initiatives point to the type of energy and infrastructure that can help issues leap from private matter to public concern.The final piece that is missing is a shared vision.View image in fullscreen“We don’t have a clear definition of what the what is,” said Natalie Renew, executive director of Home Grown, a philanthropic collaborative focused on strengthening home-based childcare options. “We don’t have a shared consensus to define what childcare is and who benefits from it, and what those benefits and outcomes look like.” Renew points to the divide between groups that organize for childcare using economic arguments to support parents doing wage labor, and groups that organize for childcare using kindergarten readiness as a means to support pre-kindergarten. “But pre-K is not childcare,” Renew said. “It can be part of a childcare solution, but it’s not childcare.”For all of the challenges, we know change is possible – even on long-held social beliefs – in a relatively compressed period of time. In the past two decades, the US has normalized and enshrined into law the rights of gay people to marry and participate fully in society. We’ve also changed paternity leave from a rare fringe benefit to an increasingly expected workplace leave policy. We may have deeply held beliefs about who takes care of children, but as more generations with different expectations about who can care for their children become parents – and after the wake-up call of the Covid pandemic – we can see a shift potentially beginning to take hold.Renew, too, is heartened by the changes she has seen in childcare policies and structures at the local and state levels, advances that arguably provide a proof of concept. Buoyed by Covid relief funds, localities had a chance to invest in childcare. “We saw cities and towns putting their flexible dollars to childcare, and they became stakeholders in the conversation,” she said. And as states begin to invest more in childcare systems locally notably in Vermont and New Mexico – more localities are beginning to take notice and have seen how such efforts boost their local economies and families’ wellbeing.America’s history, prevailing cultural attitudes and an underpowered advocacy ecosystem have all contributed to the current childcare hellscape. But it’s possible that enough parents have begun to look around and ask: why is the United States making this harder than it needs to be? Real change will come when it’s no longer just parents asking that question. More

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    Planned Parenthood CEO warns Trump bill will lead to $700m loss and ‘backdoor abortion ban’

    Planned Parenthood stands to lose roughly $700m in federal funding if the US House passes Republicans’ massive spending-and-tax bill, the organization’s CEO said on Wednesday, amounting to what abortion rights supporters and opponents alike have called a “backdoor abortion ban”.“We are facing down the reality that nearly 200 health centers are at risk of closure. We’re facing a reality of the impact on shutting down almost half of abortion-providing health centers,” Alexis McGill Johnson, Planned Parenthood Federation of Americas’s CEO, said in an interview Wednesday morning. “It does feel existential. Not just for Planned Parenthood, but for communities that are relying on access to this care.”Anti-abortion activists have longed to “defund” Planned Parenthood for decades. They are closer than ever to achieving their goal.That $700m figure represents the loss that Planned Parenthood would face from a provision in the spending bill that would impose a one-year Medicaid ban on healthcare non-profits that offer abortions and that received more than $800,000 in federal funding in 2023, as well as the funding that Planned Parenthood could lose from Title X, the nation’s largest family-planning program. In late March, the Trump administration froze tens of millions of dollars of Title X funding that had been set aside for some Planned Parenthood and other family-planning clinics.“Essentially what you are seeing is a gutting of a safety net,” said McGill Johnson, who characterized the bill as a “backdoor abortion ban” in a statement.Medicaid is the US government’s insurance program for low-income people, and about 80 million people use it. If the latest version of the spending-and-tax bill passes, nearly 12 million people are expected to lose their Medicaid coverage.Donald Trump has said that he would like the bill to be on his desk, ready for a signature, by 4 July.The provision attacking Planned Parenthood would primarily target clinics in blue states that have protected abortion rights since the overturning of Roe v Wade three years ago, because those blue states have larger numbers of people on Medicaid. Although not all Planned Parenthood clinics perform abortions, the reproductive healthcare giant provides 38% of US abortions, according to the latest data from Abortion Care Network, a membership group for independent abortion clinics.Among the clinics at risk of closure, Planned Parenthood estimated, more than 90% are in states that permit abortion. Sixty percent are located in areas that have been deemed “medically underserved”.In total, more than 1.1 million Planned Parenthood patients could lose access to care.“There’s nowhere else for folks” to go, McGill Johnson said. “The community health centers have said they cannot absorb the patients that Planned Parenthood sees. So I think that we do need to just call it a targeted attack because that’s exactly how it is.”Nationally, 11% of female Medicaid beneficiaries between the ages of 15 and 49 and who receive family-planning services go to Planned Parenthood for a range of services, according to an analysis by the non-profit KFF, which tracks healthcare policy. Those numbers rise in blue states like Washington, Oregon and Connecticut.In California, that number soars to 29%. The impact on the state would be so devastating that Nichole Ramirez, senior vice-president of communication and donor relations at Planned Parenthood of Orange and San Bernardino counties, called the tax-and-spending package’s provision “a direct attack on us, really”.“They haven’t been able to figure out how to ban abortion nationwide and they haven’t been able to figure out how to ban abortion in California specifically,” said Ramirez, who estimated that Planned Parenthood of Orange and San Bernardino counties stands to lose between $40m and $60m. Ramirez continued: “This is their way to go about banning abortion. That is the entire goal here.”skip past newsletter promotionafter newsletter promotionIn a post on X, the prominent anti-abortion group Live Action reposted an image of a Planned Parenthood graphic calling the provision “backdoor abortion ban”. “They might be onto us,” Live Action wrote.The Planned Parenthood network is overseen by Planned Parenthood Federation of America, but it also consists of dozens of independent regional affiliates that operate nearly 600 clinics across the country. In June, as the spending-and-tax bill moved through Congress, Autonomy News, an outlet that focuses on threats to bodily autonomy, reported that Planned Parenthood Federation of America’s accreditation board had sent waivers out to affiliates to apply for approval to cease providing abortions in order to preserve access to Medicaid funding. On Wednesday, the New York Times reported that a memo sent to the leadership of one California affiliate suggests that leaders there had considered ending abortion services.McGill Johnson said that there have been discussions within Planned Parenthood’s network about what it would mean to stop offering abortions. But no affiliates, to her knowledge, are moving forward with plans to stop performing the procedure.“Educating our volunteers and teams around hard decisions to stand and understand the impact of that is different than weighing and considering a stoppage of abortion,” McGill Johnson said.The budget bill and Title X funding freeze aren’t the only sources of pressure on the group. The US supreme court last week ruled in favor of South Carolina in a case involving the state’s attempt to kick Planned Parenthood out of its state Medicaid reimbursement program – a ruling that will likely give a green light to other states that also want to defund Planned Parenthood.At least one other organization that provides abortion and family-planning services, Maine Family Planning, will be affected by the provision, according to the organization’s CEO, George Hill. Maine Family Planning directly operates 18 clinics, including several that provide primary care or are in rural, medically underserved areas. If the provision takes effect, Hill estimates, the organization would lose 20% of its operating budget.“It’s dressed up as a budget provision, but it’s not,” Hill said. “They’re basically taking the rug out from under our feet.” More

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    As Trump targets birthright citizenship, the terrain is once again ‘women’s bodies and sexuality’

    One day after Donald Trump’s inauguration, five pregnant immigrant women – led by an asylum seeker from Venezuela – sued over the president’s executive order limiting automatic birthright citizenship, out of fear that their unborn children would be left stateless.The case went before the supreme court, which sided with the Trump administration Friday by restricting the ability of federal judges to block the order.The legal drama recalls a scene a century and a half earlier, when a different cohort of immigrant women went to the country’s highest court to challenge a restrictive California law. In 1874, San Francisco officials detained 22 Chinese women at the port after declaring them “lewd and debauched” – a condition that allowed for denial of entry.The supreme court sided with the women and struck down the law, delivering the first victory to a Chinese litigant in the US. But its ruling also established the federal government’s exclusive authority over immigration, paving the way for the passage of the Page Act of 1875, the first piece of federal legislation restricting immigration.Trump’s hardline immigration-enforcement strategy, which has focused on birthright citizenship and sparked a family-separation crisis, bears resemblance to the restrictive laws against Chinese women in the late 19th century, which historians say led to lasting demographic changes in Chinese American communities. Political campaigns of both eras, experts say, sought to stem the growth of immigrant populations by targeting women’s bodies.“What the Page Act, the Chinese Exclusion Act and birthright citizenship all have in common is the battle over who we deem admissible, as having a right to be here,” said Catherine Lee, an associate professor of sociology at Rutgers University whose research focuses on family reunification in American immigration. “And the terrain on which we’re having these discussions is women’s bodies and women’s sexuality.”The Page Act denied entry of “lewd” and “immoral” women, ostensibly to curb prostitution. While sex workers of many nationalities immigrated to the US, experts say local authorities almost exclusively enforced the law against women of Chinese descent. More than curbing immigration, Lee said, the legislation set a standard for determining who was eligible for citizenship and for birthing future generations of Americans.The law placed the burden of proof on Chinese women themselves, research shows. Before boarding a ship to the US, the women had to produce evidence of “respectable” character by submitting a declaration of morality and undergoing extensive interrogations, character assessments and family background checks.At the same time, doctors and health professionals smeared Chinese women as carriers of venereal diseases, Lee said. J Marion Sims, a prominent gynecologist who led the American Medical Association at the time, falsely declared that the arrival of Chinese women had caused a “Chinese syphilis” epidemic.Bill Hing, a law and migration studies professor at the University of San Francisco and author of Making and Remaking Asian America, said the Page Act was “an evil way at controlling the population” to ensure that the Chinese American community wouldn’t grow.The law did drastically alter the demographics of the Chinese population. In 1870, Chinese men in the US outnumbered Chinese women by a ratio of 13 to 1. By 1880, just a half decade after the law’s passage, that gap had nearly doubled, to 21 to 1.One legacy of the Page Act, Hing said, was the formation of “bachelor societies”. The de facto immigration ban against Chinese women made it virtually impossible for Chinese men to form families in the US, as anti-miscegenation laws forbade them from marrying women outside their race.Today, Hing said, attempts to repeal birthright citizenship is another way of suppressing the development of immigrant populations. “It falls right into the same intent of eliminating the ability of communities of color to expand,” he said.View image in fullscreenTrump’s January executive order, which would deny citizenship to US-born babies whose parents aren’t citizens or green-card holders, employs a gendered line of argument similar to that of the Page Act, Lee said. (The government has lost every case so far about the executive order, as it directly contradicts the 14th amendment.)In a 6-3 vote Friday, the supreme court ruled that lower courts could not impose nationwide bans against Trump’s executive order limiting birthright citizenship. The ruling, which immigrant rights advocates say opens the door for a partial enforcement of the order, doesn’t address the constitutionality of the order itself.“Birthright citizenship assumes that women are having sex,” Lee said, “and whether she’s having sex with a lawful permanent resident or a citizen determines the status of her child.”Congressional Republicans continue to employ gendered and racialized rhetoric in their attacks on birthright citizenship and so-called “birth tourism”, the practice of pregnant women traveling to the US specifically to give birth and secure citizenship for their children. Political and media attention on the latter issue has been disproportionately focused on Chinese nationals.Last month, the Republican senator Marsha Blackburn of Tennessee introduced a bill that bans foreign nationals from “buying” American citizenship. She called “birth tourism” a “multimillion-dollar industry” exploited by pregnant women from “adversaries like communist China and Russia”.Although the extent of “birth tourism” is unknown, studies have shown that it comprises just a small portion of US-born Chinese infants. Many are born to US citizens or permanent residents, who form more than a majority of the foreign-born Chinese population. (A decade ago, Chinese “birth tourists” accounted for just 1% of all Chinese tourists visiting the US.)Virginia Loh-Hagan, co-executive director of the Asian American Education Project, said a long-lasting ramification of the Page Act is the “exploitation, fetishization and dehumanization” of Asian women that has led to deadly hate crimes, such as the spree of shootings at three Asian-owned Atlanta spas in 2021.“If immigrants in this country were denied the opportunity to build families and communities,” Loh-Hagan said, “then they have less community strength, less voice and power in politics and governance of this country.” More

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    US supreme court to hear case involving anti-abortion crisis pregnancy center

    The US supreme court agreed on Monday to consider reviving a New Jersey anti-abortion crisis pregnancy center operator’s bid to block the Democratic-led state’s attorney general from investigating whether it deceived women into believing it offered abortions.The justices took up an appeal by First Choice Women’s Resource Centers of a lower court’s ruling that the Christian faith-based organization must first contest Attorney General Matthew Platkin’s subpoena in state court before bringing a federal lawsuit challenging it.The justices are expected to hear the case in their next term, which begins in October.Crisis pregnancy centers provide services to pregnant women with the goal of preventing them from having abortions. Such centers do not advertise their anti-abortion stance, and abortion rights advocates have called them deceptive. The case provides a test of the ability of state authorities to regulate these businesses.First Choice, which has five locations in New Jersey, has argued that it has a right to bring its case in federal court because it was alleging a violation of its federal rights to free speech and free association under the first amendment of the US constitution. First Choice is represented by Alliance Defending Freedom, a conservative legal group that has brought other cases on behalf of anti-abortion plaintiffs including an effort to restrict distribution of the abortion pill that has since been taken over by Republican states.New Jersey is targeting First Choice because of its views, Alliance Defending Freedom lawyer Erin Hawley said.“We are looking forward to presenting our case to the supreme court and urging it to hold that First Choice has the same right to federal court as any other civil rights plaintiff,” Hawley said in a statement.Platkin said that his office may investigate to ensure nonprofits are not deceiving residents and that First Choice has for years refused to answer questions about “potential misrepresentations they have been making, including about reproductive healthcare”.“First Choice is looking for a special exception from the usual procedural rules as it tries to avoid complying with an entirely lawful state subpoena, something the US Constitution does not permit it to do. No industry is entitled to that type of special treatment – period,” Platkin added.First Choice sued Platkin in New Jersey federal court in 2023 after the attorney general issued a subpoena seeking internal records including the names of its doctors and donors as part of an investigation into potentially unlawful practices. First Choice argued that there was no good cause for the subpoena, which it said chilled its first amendment rights.Platkin moved to enforce the subpoena in state court. Essex county superior court Judge Lisa Adubato granted that motion, finding that First Choice had not shown that the subpoena should be quashed at the outset of the investigation, but ordered the parties to negotiate a narrower subpoena and said that the constitutional issues could be litigated further going forward.The US district judge Michael Shipp then dismissed the federal case, finding that First Choice’s federal claim was not ripe because it could continue to make its constitutional claims in the state court and did not face any immediate threat of contempt.The Philadelphia-based third circuit court of appeals in a 2-1 ruling in December 2024 upheld Shipp’s ruling, prompting First Choice to appeal to the justices.In asking the supreme court to hear the case, First Choice argued that federal civil rights law is intended to guarantee parties a federal forum to assert their constitutional rights. It said that forcing it to litigate in state court would effectively deny it that forum, since the constitutional claims would be decided before a federal court could ever hear them.Crisis pregnancy centers have also drawn the attention of the New York attorney general, Letitia James, who in 2024 sued 11 centers for advertising abortion pill reversal, a treatment whose safety and effectiveness is unproven. That case remains pending. Several New York crisis pregnancy centers sued James and in August won an order allowing them to continue touting abortion pill reversal. More

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    Trump rescinds Emtala guidance protecting women in need of emergency abortions

    The Trump administration on Tuesday rescinded Biden-era guidance clarifying that hospitals in states with abortion bans cannot turn away pregnant patients who are in the midst of medical emergencies – a move that comes amid multiple red-state court battles over the guidance.The guidance deals with the federal Emergency Medical Treatment and Labor Act (Emtala), which requires hospitals to stabilize patients facing medical emergencies. States such as Idaho and Texas have argued that the Biden administration’s guidance, which it issued in the wake of the 2022 overturning of Roe v Wade, interpreted Emtala incorrectly.In its letter rescinding the guidance, the Trump administration said that the Centers for Medicare and Medicaid Services (CMS) “will continue to enforce Emtala, which protects all individuals who present to a hospital emergency department seeking examination or treatment, including for identified emergency medical conditions that place the health of a pregnant woman or her unborn child in serious jeopardy. CMS will work to rectify any perceived legal confusion and instability created by the former administration’s actions.”Abortion rights supporters said on Tuesday that rescinding the Biden administration’s guidance will muddy hospitals’ ability to interpret Emtala and endanger pregnant patients’ lives. Since Roe’s collapse, dozens of women have come forward to say that they were denied medical treatment due to abortion bans. A reported five pregnant women have died after having their care denied or delayed, or being unable to access legal abortions.“This action sends a clear message: the lives and health of pregnant people are not worth protecting,” Dr Jamila Perritt, an OB-GYN and the president of Physicians for Reproductive Health, said in a statement. “Complying with this law can mean the difference between life and death for pregnant people, forcing providers like me to choose between caring for someone in their time of need and turning my back on them to comply with cruel and dangerous laws.”Last year, the US supreme court heard arguments in a case involving Idaho’s abortion ban, which at the time only allowed abortions in cases where a woman’s life was at risk. In contrast, most state abortion bans permit abortions when a patient’s “health” is in danger – a lower standard that could make it easier for doctors to intervene. Idaho’s standard, the Biden administration said, blocked doctors from providing abortions in some emergencies and thus violated Emtala’s requirement that hospitals must stabilize patients.Ultimately, the supreme court punted on the issue by ruling 6-3 on procedural grounds that the case had been “improvidently granted”, indicating they should have never taken it up in the first place.“This court had a chance to bring clarity and certainty to this tragic situation and we have squandered it,” wrote Ketanji Brown Jackson, the supreme court justice, at the time. “And for as long as we refuse to declare what the law requires, pregnant patients in Idaho, Texas and elsewhere will be paying the price.”skip past newsletter promotionafter newsletter promotionThe Trump administration’s Tuesday move is not unexpected. In March, the administration moved to drop out of the case over the Idaho abortion ban. A local Idaho hospital later filed its own lawsuit over the ban. More

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    Is ‘chic’ political? In Trump 2.0, the word stands for conservative femininity

    The idea of “chic” is a fashion-world cliche. At best it is a know-it-when-you-see-it vibe, at worst a lazy adjective chosen by a writer to describe something that reminds her of Jane Birkin. It feels inoffensive enough. But now, “chic” has become something of a lightning rod online – a shorthand for a type of conservative-coded aesthetic.It began last month, when a creator named Tara Langdale posted a video to her TikTok following of just over 30,000 in which she sipped from a long-stemmed wine glass and read off a list of things she finds “incredibly UN-chic”. Wearing stacks of gold bracelets and a ballet-pink manicure, Langdale called out fashion choices like tattoos, Lululemon, visible panty lines, baggy denim and hunting camouflage as unchic, because, to her, these choices seemed “cheap”.“Remember, money talks, wealth whispers,” Langdale said.The not-entirely-serious video racked up views and sparked a conversation about how style preferences can carry political baggage. “This is giving mean girl,” one user wrote in the comments. “Classism isn’t chic, hope this helps,” wrote another. “Voting for Trump is unchic,” went a third. Many took particular issue with Langdale’s anti-tattoo stance, which they saw as stuffy or downright rude.View image in fullscreenSuch comments came with a strong dose of projection: Langdale, a lifestyle influencer, does not post about politics, sticking to fashion, makeup or motherhood. Nevertheless, many in the fashion TikTok community felt her commentary on “chic” aligned with the feminine aesthetic of Trump 2.0, where the rigid and airbrushed beauty standards of Maga officials such as Karoline Leavitt, Kristi Noem and Nancy Mace are celebrated.“Chic is starting to feel like a conservative dogwhistle that polices women’s looks,” said Elysia Berman, a creative director and content creator based in New York who posted a takedown of Langdale’s unchic list. “What chic has come to mean to a lot of people is a very narrow definition of elegance. It’s this thin, white, blonde woman who speaks softly and is basically Grace Kelly.”The ideal vision of womanhood from Donald Trump’s first term was caked foundation and clumpy mascara, as seen on the likes of Kimberly Guilfoyle and Lara Trump. But the facial augmentation and overly sexy aesthetic tied to the president’s inner circle – see “Ice Barbie” Noem, who posts full glam videos while deporting immigrants – does not necessarily match that of the president’s more social media savvy supporters, many of whom are now opting for a sleeker presentation.Momfluencers and tradwives celebrate RFK Jr’s “Make America Healthy Again” policies while wearing breezy milkmaid dresses. Evie Magazine, a politically conservative version of Cosmo, appropriates the trending visuals of feminist magazines with headlines that decry body positivity and promote vaccine skepticism. As the New York Magazine writer Brock Colyar described young Republicans at a post-election night party: “Many are hot enough to be extras in the upcoming American Psycho remake.”The word “chic” has always been tied to a French, or francophile, sense of femininity, usually in reference to a woman who subscribes to Vogue and innately understands how to look good. But those turning it into a dirty word on TikTok, taking note of how it aligns with a changing conservative aesthetic, see it as having a more prescriptive, even oppressive, meaning for women’s fashion.Suzanne Lambert, a DC-based comedian whose “conservative girl” mock makeup tutorials went viral earlier this year, described the right’s obsession with all things ultra-feminine as “just this soulless, boring kind of fashion”.“Republicans are more focused on assimilating than we are on the left, so it makes sense that they all end up looking the same,” Lambert said.Ultimately, anyone who’s attempting to look chic – or wealthy – is probably neither of those things. Those TikTok imitators who equate chicness with pearls and a Leavitt-esque tweed shift dress? “They think it’s giving Reagan, but it’s really giving Shein,” said Lambert.(Ironically, some of the unchic pieces on Langdale’s list – Lululemon leggings, Golden Goose sneakers, a Louis Vuitton carryall bag – come with hefty price tags and could connote liberal elitism.)In an email, Langdale said that her definition of chic had nothing to do with politics. “Chic by definition means simplicity and timelessness,” she wrote. “Reading a neutral palette as ‘conservative’ conflates style choice with ideology. Conservatism as a moral or political stance varies widely across cultures and religious communities, so tagging a fitting tank top and trousers as ‘Republican’ is lazy stereotyping.”Langdale called chic “this year’s version” of “old money” dressing, a TikTok trend that prioritized subdued, luxury items over the loud, brash and individualistic. “You can own every item on my unchic list and still be considered chic,” she wrote. “Labeling an item chic or unchic speaks only to its aesthetic, not a person’s style or worth.The conversation around chic is ongoing. Other creators, inspired by Langdale’s video, posted about what they considered chic in their niches. A medical student said it was “incredibly chic” to color coordinate scrubs with personal accessories; an office worker considered not letting colleagues in on their personal lives the height of chicness.Kat Brown, a 25-year-old New Yorker who works in fashion PR, made a video talking about how it’s “not chic” to be overly trendy, with chicness coming from a more sustainable wardrobe. “Smart consumption is chic,” Brown said. “Chicness is more reflective of your resourcefulness and creativity, rather than any sort of socioeconomic element.”For all the angst on chic-Tok, true insiders probably aren’t paying much attention. Fashion editors often make lists of words they consider so dull and unspecific that they prohibit writers from using them in copy; “chic” is usually right at the top. And when a word like chic is so bland to begin with, who cares if its wielded as an insult? As a British couturier played by Daniel Day-Lewis in the 2017 period drama Phantom Thread bemoaned of “chic”: “That filthy little word. Whoever invented that ought to be spanked in public. I don’t even know what that word means.” More

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    Trump is using his assault on government to retaliate against women | Judith Levine

    Last week, a federal judge blocked the justice department from canceling $3.2m in federal grants to the American Bar Association (ABA). The court agreed with the ABA’s claim that the administration was retaliating against it for taking public stances against Donald Trump.But how had the US president retaliated? Which grants had he clawed back? Those supporting programs that train lawyers to defend victims of domestic and sexual violence.It was just one of Trump’s many acts of aggression against perceived enemies that just happen to – or quite deliberately – target women.During the 2016 presidential campaign, after the release of the “grab ’em by the pussy” tape, Vox’s Libby Nelson noted that there was something fundamentally different about Trump’s sexism from the sexism of his predecessors. “Usually, the critique of Republican candidates has been based on policy – healthcare access and abortion rights – or on attitudes heavily influenced by religion,” she wrote. But “Trump’s anti-feminism owes more to the gleeful vulgarity and implicit threats of violence of 4chan than the traditional debate over what a woman’s role should be in the public square.”Trump II is both a personal and a political misogynist – a chimera with the soul of a snake and the brains of a policy wonk, transplanted from the authors of the Heritage Foundation’s Project 2025.The widest target of Trump’s aggression is the universe of people capable of having babies. Four days after the inauguration, his administration directed the justice department’s civil rights division to cease enforcing the Freedom of Access to Clinic Entrances (Face) Act, which prohibits harassment or blockage of patients entering abortion clinics. His administration dismissed three ongoing cases, pardoned 23 convicted violators of the law, and limited future prosecutions to “cases presenting significant aggravating factors, such as death, serious bodily harm, or serious property damage”.In March, he began withholding tens of millions of dollars from Title X, the only federal program supporting reproductive healthcare. The move was not explicitly anti-abortion – the Hyde Amendment banned federal funding for abortion 50 years ago – but it was surely aimed at pleasing religious fundamentalists who oppose all interference with “natural” baby-making. Lots of providers, including some Planned Parenthood affiliates, immediately collapsed, leaving millions of people with no family planning, cancer screening or prenatal services. Now, having failed repeatedly to defund Planned Parenthood through legislation, Republicans are trying to hide the dirty deed in the budget. And like much of the “waste, fraud, and abuse” targeted by the so-called “department of government efficiency” (Doge), these cuts would cost taxpayers far more than they would save: according to the Congressional Budget Office, the cost will be $300m over the next 10 years in unwanted births and shifts of reproductive services to other providers.Trump isn’t sparing mothers who want to be mothers, either. A week ago, funding to study maternal mortality was rescinded and most of the workers who monitor and improve maternal and child health at the Centers for Disease Control and Prevention were placed on leave. The cuts came just after researchers at the National Institutes of Health published a paper documenting a huge rise in mothers’ deaths in childbirth or within a year afterward, most notably among Native American and Black women; the authors urged the government to make combatting these deaths “an urgent public health priority”.Where women’s bodies are now subject to harm by intentional neglect, they will also be more vulnerable to harm by violence. Before his inauguration, Trump called for the execution of rapists. A few months later, the justice department suspended grant applications from non-profits providing emergency shelter, legal assistance, and crisis services to victims of domestic and sexual violence under the Violence Against Women Act. The agencies were caught promoting “woke” agendas – evident from the word “gender”, as in “gender-based violence”, in their mission statements. The grant program appears to be back up on the justice department website, but no one knows for how long.In late April, the administration zeroed out all funding for training, auditing, data collection and victim support under the Prison Rape Elimination Act (Prea), which Congress passed unanimously in 2003. Prea does not protect migrants in detention, but the Department of Homeland Security was nevertheless subject to oversight, and that included investigating sexual abuse by Ice employees. Not any more. In spite of thousands of complaints of sexual violence against detained women and children, the Trump administration closed the department’s three watchdog agencies, including the offices through which detainees could lodge complaints.As part of its elimination of anything suggestive of diversity, equity and inclusion (DEI), the administration halted the military’s sexual assault prevention training. The defense department reported in 2023 that nearly a quarter of active-duty women were subject to sexual harassment – and they are just the ones who risked coming forward.The policies that smash the legal bulwarks against sexual violence and those that put pregnant people’s lives at risk make for the most compelling subject lines on fundraising emails from advocates for women, people of color and other legally protected classes hardest.But the disproportionate harm these folks are suffering from the decimation of the federal workforce by Doge is possibly most consequential, because it may not be reversible. Women and Black people are more likely to work in government jobs than in the private sector; a recent McKinsey analysis found that women, particularly women of color, are promoted at higher rates in public institutions than in private corporations. But government jobs also provide union representation, job security, pensions and other benefits that lift people of color into the middle class and allow them to accumulate the property and wealth denied them since slavery – benefits that do not accrue to home health aides, chambermaids and workers in the other low-paid, precarious occupations where women and people of color predominate.“For those who have been wronged and betrayed, I am your retribution,” vowed candidate Trump at the Conservative Political Action Conference early in 2023. But it is Trump himself who feels most wronged and betrayed, with women – the pussy-hatted protesters who overran Washington on the second day of his first administration, the sex worker Stormy Daniels, who publicly poked fun at his self-celebrated endowment, the magazine writer E Jean Carroll, awarded tens of millions of dollars in damages for his sexual assault and defamation – perhaps the greatest wrongdoers and traitors. Even Melania is no longer pretending to like him.Like his woman-hating followers, this man, who has used his wealth and his body to impose his will on women, feels sorely victimized by them. Now he has more power than any other man in the world to exact his revenge.

    Judith Levine is a Brooklyn journalist and essayist, a contributing writer to the Intercept and the author of five books. Her Substack, Today in Fascism, is at judithlevine.substack.com More