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DemocratsHouse Democrats vote to establish federal right to abortionWomen’s Health and Protection Act is part of strategy to push back against rush of state laws but unlikely to advance in Senate Lauren Gambino in Washington@ More
On Thursday night, the US Attorney General Merrick Garland announced that the US Justice Department would launch a federal lawsuit against Texas over the extreme abortion law that the state introduced last week. Jonathan Freedland speaks to Moira Donegan about what all of this means for Roe v Wade
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Archive: C-Span, NBC, MSNBC Read all of our Guardian coverage on the new abortion law in Texas Send us your questions and feedback to podcasts@theguardian.com Help support the Guardian by going to gu.com/supportpodcasts More
The US Supreme Court’s failure to block a new law from entering into force in Texas means that abortions after six weeks are effectively banned in that state, even in cases of rape or incest. In the Whole Woman’s Health v Austin Reeve Jackson case, a five-four majority of the court denied the application to block Senate Bill 8 (SB 8) in Texas.From 1 September, SB 8 “makes it unlawful for physicians to perform abortions if they detect cardiac activity on an embryo or fail to perform a test to detect such activity”. This is around six weeks after a woman’s last period, much sooner than many women find out that they are pregnant.Fierce debate has taken place over women’s sexual reproductive rights since the US Supreme Court’s 1973 landmark decision inRoe v Wade when the court ruled that a woman has a constitutional right to abortion due to her “right to privacy”, guaranteed by the 14th Amendment to the US Constitution. This was hailed as a momentous step towards the protection of women’s rights.Yet anti-abortion campaigners have been fighting to restrict a woman’s right to choose, most notably through the case of Planned Parenthood v Casey in 1992. In this case, the Supreme Court upheld Roe, but allowed states to place restrictions on first-trimester abortions, such as government-mandated delays between consultation and abortion, so long as they do not impose an “undue burden” on the woman. Previously states had been banned from introducing restrictions on first-trimester abortions.Allowing the Texas abortion ban to take effect is an attack on women’s rights and will have a devastating impact on women in Texas. It will undoubtedly galvanise other states to further restrict abortions too, with the ultimate goal of these restrictions being a complete overruling of Roe v Wade. This would effectively ban abortions across the US. The likelihood of this happening has increased due to the current politics of the US Supreme Court.The politics of the US Supreme CourtA key role of the Supreme Court is to rule on points of constitutional and federal law. It hears around 100 cases per year on a range of constitutional issues from administrative law to criminal justice. Some decisions of the court, such as in Roe v Wade, can bind the entirety of the US. More
OpinionUS politicsWhat would happen if I were pregnant in Texas right now?Z More
OpinionRepublicansRepublicans seethe with violence and lies. Texas is part of a bigger war they’re wagingRebecca SolnitThis extremist vigilante abortion law is of a piece with everything else Republicans are doing: overturning democracy itself Fri 3 Sep 2021 06.22 EDTLast modified on Fri 3 Sep 2021 12.51 EDTThe American right has been drunk on its freedom from two kinds of inhibition since Donald Trump appeared to guide them into the promised land of their unleashed ids. One is the inhibition from lies, the other from violence. Both are ways members of civil society normally limit their own actions out of respect for the rights of others and the collective good. Those already strained limits have snapped for leading Republican figures, from Tucker Carlson on Fox News to Ted Cruz in the Senate and for their followers.We’ve watched those followers gulp down delusions from Pizzagate to Qanon to Covid denialism to Trump’s election lies. And rough up journalists, crash vehicles into and wave weapons at Black Lives Matter and other anti-racist protesters at least since Charlottesville, menace statehouses, issue threats to doctors and school boards testifying about public health, and plot to kidnap Gretchen Whitmer, the governor of Michigan, for imposing Covid-prevention protocols.The Texas abortion law that the rightwing supreme court just smiled upon, despite its violation of precedent, seethes with both violence and lies. The very language of the law is a lie, a familiar one in which six-week embryos are called fetuses and a heartbeat is attributed to the cluster of cells that is not yet a heart not yet powering a circulatory system.Behind it are other lies, in which women have abortions because they are reckless, wanton and callous, rather than, in the great number of cases, because of the failure of birth control, or coercive sex, or medical problems, including threats to the health of the mother or a non-viable pregnancy, and financial problems, including responsibility for existing children.But what was new about the Texas bill is its invitation to its residents to become vigilantes, bounty hunters and snitches. This will likely throw a woman who suspects she is pregnant into a hideous state of fearful secrecy, because absolutely anyone can profit off her condition and anyone who aids her, from the driver to the doctor, is liable. It makes pregnancy a crime, since it is likely to lead to the further criminalization even of the significant percentage of pregnancies that end in miscarriage. It will lead women – particularly the undocumented, poor, the young, those under the thumbs of abusive spouses or families – to die of life-threatening pregnancies or illicit abortions or suicide out of despair. A vigilante who goes after a woman is willing to see her die.The rightwing stance on abortion is often treated as a contradiction coming from a political sector that sings in praise of unfettered liberty to do as you like, including carry semiautomatic weapons in public and spread a sometimes fatal virus. But like the attack on voting rights in Texas happening simultaneously with the attack on reproductive rights, it is of course about expanding liberty for some while withering it away for others. The attacks on reproductive rights seek to make women unfree and unequal; the attacks on voting rights seek to make people of color unfree and unequal; women of color get a double dose.Texas now has abortion ‘bounty hunters’: Sonia Sotomayor’s scathing legal dissentRead moreThis is the logical outcome of a party that, some decades back, looked at an increasingly non-white country and decided to try to suppress the votes of people of color rather than win them. Not just the Democratic party but democracy is their enemy. In this system in which some animals are more equal than others, some have the right to determine the truth more than others, and facts, science, history are likewise fetters to be shaken loose in pursuit of exactly your very own favorite version of reality, which you enforce through dominance, including outright violence.What was the 6 January coup attempt but this practice writ large? A mountain of lies about the outcome of an election was used to whip up a vigilante mob into an attack not just on Congress but on the ratification of the election results and death threats against the vice-president and against Speaker Pelosi. The sheer berserker-style violence of it was extraordinary, the mostly middle-aged mostly white mostly men trying to gouge out eyeballs and trampling their own underfoot while screaming and spraying bear spray in the faces of those guarding the building and the elected officials within and the election.Their leaders produced lies that instigated the violence, lies to justify that violence, lies to deny the existence of that violence, and then lies to stir up further violence. The House minority leader, Kevin McCarthy, who by his own account furiously begged Trump to call off the attackers, has since been trying to sabotage the investigation into what happened.As the New York Times reported this week: “Representative Kevin McCarthy, the House Republican leader, has threatened to retaliate against any company that complies with the congressional committee investigating the January 6 riot, after the panel asked dozens of firms to preserve the phone and social media records of 11 far-right members of Congress who pushed to overturn the results of the 2020 election.” He is trying to prevent Congress and the public from knowing what has gone on. Which you could also call covering up a crime, in public, and his threats may themselves constitute crimes.Madison Cawthorn, the North Carolina freshman congressman who appeared onstage on 6 January to whip up the crowd, calls the rioters “political prisoners” and continues to lie about the outcome of the 2020 election, declaring: “If our election systems continue to be rigged, continue to be stolen, it’s going to lead to one place and that’s bloodshed.” Cawthorne, like the Florida congressman Matt Gaetz, like Justices Clarence Thomas and Brett Kavanaugh, whose votes set the Texas abortion law into action on Wednesday, has been accused of sexual misconduct.While men across the political spectrum are accused of similar wrongdoing – Andrew Cuomo’s conduct led to New York getting its first female governor last month – in the Republican case it is not an ideological inconsistency. The ideological premise is that one’s own rights matter so much that others’ rights do not matter at all, and that goes from rape to mask and vaccine policies to the proliferation of guns and gun deaths in recent years.There is no clear way to tell if the right is emboldened because they’ve gotten away with so much in the past five years, or whether they’re increasingly desperate because they are in a wild gamble, but it seems like both at once. If the US defends its democracy, such as it is, and protects the voting rights of all eligible adults, the right will continue to be a shrinking minority. Their one chance of overturning that requires overturning democracy itself. That’s one goal they’re willing to use violence to achieve and no longer bothering to lie about.
Rebecca Solnit is a Guardian US columnist and the author of Recollections of My Nonexistence and Orwell’s Roses
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US CongressDemocrats rush to find strategy to counter Texas abortion lawBiden administration’s options are limited and filibuster poses roadblock to federal legislation Hugo LowellFri 3 Sep 2021 02.00 EDTLast modified on Fri 3 Sep 2021 02.02 EDTJoe Biden and top Democrats are scrambling for a strategy to counter Republican restrictions on women’s reproductive rights amid the fallout from a Texas statute that has banned abortions in the state from as early as six weeks into pregnancy – but the options available to the administration are thin.The conservative-dominated supreme court in a night-time ruling refused an emergency request to block the Texas law from taking effect, in a decision that amounted to a crushing defeat for reproductive rights and threatened major ramifications in other states nationwide.Even as the US president on Thursday accused the court of carrying out an assault on vital constitutional rights and ordered the federal government to ensure women in Texas retained access to abortions, the future of reproductive rights remains in the balance.The challenges facing Biden and Democrats reflect the deep polarization of Congress, and the difficulty in trying to force bipartisan consensus on perhaps the most controversial of issues in American politics.Now, top Democrats in Congress have developed a multi-part strategy to roll back restrictions pushed by Republican-led states that rests on attempting to codify abortion rights protections into federal law – and potentially to reform the supreme court.The House speaker, Nancy Pelosi, announced on Thursday that Democrats would vote within weeks to pass the Women’s Health Protection Act, a bill that would ensure the right to access an abortion and for medical providers to perform abortions.“Upon our return, the House will bring up congresswoman Judy Chu’s Women’s Health Protection Act to enshrine into law reproductive healthcare for all women across America,” Pelosi said in a statement that also admonished the court’s decision.Separately, liberal Democrats led by progressives including the New York congresswoman Alexandria Ocasio-Cortez are urging Biden to strike down other restrictions on access to abortions and the Hyde amendment, a measure that prohibits federal funding for most abortions.Seizing on the Texas decision, liberal Democrats have also called anew for an expansion of the supreme court from nine to 13 seats, which would enable Biden to appoint four liberal-leaning justices to shift the politics on the bench.The legislative response is aimed at reversing more than 500 restrictions introduced by Republican state legislatures in recent months and “trigger laws” that would automatically outlaw abortions if the supreme court overturned its ruling in the landmark Roe v Wade case that was supposed to cement abortion rights in the US.How does someone in Texas get an abortion now and what’s next?Read moreBut while such protections are almost certain to be straightforwardly approved by the Democratic-controlled House, all of the proposals face a steep uphill climb in the face of sustained Republican opposition and a filibuster in the 50-50 Senate.The Senate filibuster rule – a procedural tactic that requires a supermajority to pass most bills – was in part why the Senate Republican leader, Mitch McConnell, focused on stacking the supreme court with conservative justices rather than pursue legislation to enact abortion restrictions at a federal level.Forty-eight Democrats currently sponsor the Women’s Health Protection Act in the Senate. Two Republicans – Senators Susan Collins and Lisa Murkowski – have previously indicated support for abortion rights, but the numbers fall far short of the 60-vote threshold required to avoid a filibuster.Against that backdrop, a majority of Senate Democrats have called for eliminating the filibuster entirely. But reforming the filibuster requires the support of all Democrats in the Senate, and conservative Democratic senators including West Virginia’s Joe Manchin and Arizona’s Kyrsten Sinema are outspoken supporters of the rule.The broad concern demonstrates how urgent the issue has become for Democrats, and with the Texas law in effect after the failure of the emergency stay, many reproductive rights advocates worry that Democrats will be unable to meet the moment with meaningful action.TopicsUS CongressUS SenateUS politicsAbortionTexasWomenanalysisReuse this content More
OpinionAbortionThe Guardian view on the Texas abortion ban: this is not the endEditorialThe supreme court’s refusal to block the law marks a grave blow to the freedom and safety of women Thu 2 Sep 2021 13.45 EDTLast modified on Thu 2 Sep 2021 14.31 EDTThe cruel, vindictive and dangerous law that has taken effect in Texas is much more than the most extreme anti-abortion legislation in the United States. To many, it understandably feels like the beginning of the end – denying women the rights enjoyed under the landmark Roe v Wade ruling, which established that abortion is legal before the foetus is viable outside the womb, at around 24 weeks. It will further embolden the religious right. Though polling suggests the majority of Americans believe that terminations should be legal in most or all cases, this is already the worst ever legislative year for restrictions.But it is better understood as the end of the beginning. The right to abortion has, in practice, been systematically dismantled through methods ranging from intimidation to cynical regulation. This moment is the culmination of the first stage in a decades-long war on the rights of women, made possible by Donald Trump’s appointment of judges known to support restricting reproductive rights. A divided supreme court refused to block the legislation while the legal battle over it plays out.This is a near-total abortion ban, with an exemption only for medical emergencies. The six-week limit in practice applies not from fertilisation, but from six weeks after a woman’s last period, used by doctors to date pregnancies – when most women will not even know they are pregnant. Up to 90% of the state’s procedures happened after that time. International evidence, and America’s own past, testifies that it will not stop abortions. It will push them underground, endangering women’s health and lives. It is an attack on the rights of all women, but above all will punish those who are poor and black, who already struggled to access services and will not be able to travel outside the state easily. It will hurt women who want to control their own bodies, including survivors of incest, rape and abuse. Many states have enacted similar laws, which have been blocked. But this one is especially egregious. It has used the architecture of the state to promote the rule of the mob. It prohibits officials from enforcing it, instead deputising ordinary citizens to sue anyone for suspected violations. While designed this way to make legal challenges harder, it is part of the broader turn of Trump Republicans towards vigilantism and away from democratic institutions. By promising a $10,000 bounty to anyone who sues successfully, it encourages the greedy as well as vindictive ex-partners and zealots to act. Not only abortion providers, but anyone who “aids and abets” an abortion is liable; it appears that even someone who drives a woman to a clinic could be targeted. There is no redress against malicious suits, even in cases where the plaintiff has a past history of similar claims. The result is that doctors and providers who comply with the law can still be put out of business by vexatious claims.Justice Sonia Sotomayor’s blistering dissent attacked the supreme court’s inaction in the face of “a breathtaking act of defiance – of the constitution, of this court’s precedents and of rights of women seeking abortions throughout Texas”. But she is in the minority as the court prepares to rule on a separate case – Mississippi’s ban on most abortions after 15 weeks – which anti-abortion activists see as a chance to overturn Roe v Wade. If that happens, bans will automatically come into force under trigger statutes enacted by multiple states. Others would be able to enforce pre-Roe v Wade bans that remain on their books.This law, like the wider anti-abortion drive, hurts women’s freedom, their health and even their lives. It has been achieved through the relentless efforts of activists who are not merely egging on but also funding others around the world. Meeting and defeating these challenges will require an equally committed, comprehensive and ambitious campaign. The opponents of women’s freedom will not stop. Defenders cannot either. This law will galvanise them.TopicsAbortionOpinionWomenUS supreme courtHealthRepublicansUS politicsLaw (US)editorialsReuse this content More
OpinionUS politicsIt’s time to brace ourselves for a world without Roe v Wade. Here’s what we must doK More
