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    Judge slaps down Florida effort to ban abortion ad: ‘It’s the first amendment, stupid’

    Florida’s health department can’t block a TV advertisement in support of a ballot measure that would protect abortion rights, a federal judge ruled on Thursday, after the department sent letters to local TV stations commanding them to stop airing the ad or risk criminal consequences.“The government cannot excuse its indirect censorship of political speech simply by declaring the disfavored speech is ‘false’,” US district judge Mark E Walker wrote in his ruling. “To keep it simple for the State of Florida: it’s the First Amendment, stupid.”Florida is one of 10 states set to vote on abortion-related ballot measures in November. If enacted, Florida’s measure would enshrine abortion rights into the state constitution and roll back the state’s six-week ban on the procedure, which took effect in May.Earlier this month, Florida’s health department sent cease-and-desist letters to TV stations running an ad by Floridians Protecting Freedom, the campaign behind the measure. In the ad, a woman named Caroline speaks about being diagnosed with cancer while pregnant.“The doctors knew if I did not end my pregnancy, I would lose my baby, I would lose my life and my daughter would lose her mom,” Caroline says in the ad. “Florida has now banned abortion even in cases like mine.”The letters said the claim that women can’t get life-saving abortions in Florida was “categorically false”, since Florida’s ban permits abortions in medical emergencies. “The fact is these ads are unequivocally false and detrimental to public health in Florida,” Jae Williams, the Florida department of health communications director, said in an email late on Thursday.However, doctors across the country have said abortion bans are worded so vaguely as to force them to deny people medically necessary abortions. A New York doctor recently said that she had treated a woman with an ectopic pregnancy – which is nonviable and potentially life-threatening if left untreated – who had been turned away from a Florida hospital.In response to the letters, Floridians Protecting Freedom sued the Florida surgeon general, Joseph Ladapo, and John Wilson, the former general counsel for the state health department. At least one TV station stopped airing the ad, the coalition’s lawsuit alleged.On Thursday, Walker granted a temporary restraining order blocking Ladapo from taking any further action against broadcasters or other media outlets that might air ads by Floridians Protecting Freedom.skip past newsletter promotionafter newsletter promotion“Of course, the surgeon general of Florida has the right to advocate for his own position on a ballot measure,” Walker wrote. “But it would subvert the rule of law to permit the state to transform its own advocacy into the direct suppression of protected political speech.”Over the last several weeks, Florida’s government, run by Ron DeSantis, the Republican governor, has sent law enforcement officials to investigate people who signed a petition to get the measure on the ballot, set up a webpage urging people not to vote for it, and issued a report suggesting the measure got on the ballot due to “a large number of forged signatures or fraudulent petitions”. Floridians Protecting Freedom has denied wrongdoing.Anti-abortion activists have since filed a lawsuit to remove the measure from the ballot or nullify votes cast for it. More

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    Can ex-governor’s anti-Trump stance swing key Senate seat for Republicans?

    At a conservative thinktank on 14th Street in Washington DC, awaiting Larry Hogan, the Republican candidate for US Senate in Maryland, one staffer turned to another. “It’s nice having something to vote for, for a change,” the staffer wryly said. Shortly after, the former governor arrived for his speech at the Jewish Institute for National Security of America (Jinsa), part of his campaign to win in a state that hasn’t elected a Republican senator since 1980.When he left the executive mansion in Annapolis last year, Hogan told his friendly audience, he had governed for eight years as a popular moderate but had not been looking for another job – “And frankly, I didn’t yearn to be a part of the divisiveness and dysfunction in Washington,” he said.“But when I saw a bipartisan package to secure our border and to support Israel, Ukraine and Taiwan and other American allies fail because people were told [by Donald Trump] to vote against a critical [immigration] bill that they claimed to be for, it made me frustrated enough that I knew I had to step up and try to do something about the mess in Washington.”Washington is not Maryland but the Old Line State is just a few miles up 14th from Jinsa. There, Hogan faces the Prince George’s county executive, Angela Alsobrooks, for an open seat in November – a race in which the Democrat, who if she wins will be only the third Black woman ever elected to the US Senate, enjoys significant polling leads.The race has become potentially decisive in determining Senate control, and a test of anti-Trump sentiment on the right. Significant spending and endorsements are pouring in. Highly regarded as a local leader and “tough on crime” Democrat, Alsobrooks defeated a DC establishment candidate, the congressman David Trone, in her primary and is now piling on praise from party grandees. She recently released an ad featuring Barack Obama and secured support from the Washington Post.On Thursday night, the two candidates will meet for a high-stakes debate.In practical terms, it takes 51 votes – or 50 if your party holds the presidency – to control the Senate. Democrats currently hold it 51-49 but face tough contests to hold seats in Republican-leaning states such as Montana and Ohio. It means Maryland counts this year, and Hogan’s toughest challenge may lie in persuading enough Democratic voters they can trust him should Republicans retake the chamber with him as the 51st vote. In turn, Democrats know that if they cannot hold so deep blue a state as Maryland, they will in all likelihood lose control of the Senate.Hogan is therefore seeking to depict himself as an antidote to Trump – and his rival as too far left. At Jinsa, talking foreign policy, he criticized Trump but he also knocked Alsobrooks, including for “repeatedly demand[ing] that Israel enact an immediate and unilateral ceasefire, and [for calling] for cutting off critical military aid”.As popular as Hogan is – he stepped down as governor with a 77% approval rating – polling suggests that message is not landing. According to 538, since one tied poll in August, Alsobrooks’s lead has ranged from five to 17 points.Hogan begged to differ. “I think it’s a very close race,” he said. “I’ve always been an underdog in every one of my races.“There are people out there that we’ve still got to convince,” he added, “and we’ve got [then] 34 more days to do it, and I feel confident we’re going to win the race. It’s tough, though. I mean, we’re a very blue state, and we’re overcoming a huge deficit at the top of the ticket.”Trump has been called many things, but “huge deficit” may be a new one. Hogan has said he won’t vote for Trump (or Kamala Harris), but must nonetheless fend off persistent questions about the man who rules his party. One recent ad from Hogan’s campaign deplored the “horror” of January 6. And yet, as Republicans from Trump and the Senate minority leader, Mitch McConnell, on down know, sometimes a candidate must be allowed away from the party line.In Maryland, Hogan is free to be Hogan. That’s to his advantage. To his disadvantage, Democrats from the Senate majority leader, Chuck Schumer, to Alsobrooks on down know Hogan has a bigger problem.View image in fullscreenIn June 2022, in the case Dobbs v Jackson, the US supreme court to which Trump appointed three hardliners removed the federal right to abortion. Two years on, Hogan insists he will not let his party go further.“[Alsobrooks’s campaign] want[s] to focus on making it a cookie-cutter Democratic talking points race but it’s not, because I have a different position than most Republicans,” he said at the Jinsa event. “And so, you know, I’ve promised to be a sponsor to codify Roe v Wade, the 1973 ruling that previously safeguarded abortion rights, so that nobody comes between a woman and her doctor in any state in America, and to sponsor a bill to protect IVF.”He also insisted that “most people are concerned about the economy. They’re concerned about affordability, inflation, they’re concerned about crime in their communities, and they’re concerned about securing the border and fixing [the] broken immigration system.”Among Democratic rejoinders: while a member of the executive committee of the Republican Governors Association, Hogan worked to elect allies in states that now have stringent abortion bans. In his own state, in 2022, he vetoed a bill to expand abortion access. The same year, he said Trump “nominated incredible justices to the supreme court”, a comment Democrats have brought back to haunt him. Hogan says he was not referring to Dobbs but Alsobrooks is happy to keep the spotlight on the issue. As she recently said: “I think my opponent’s record is very clear where abortion care is concerned.”Many Americans fear a national abortion ban, should Trump be president again. Hogan said he had been against that for decades “and I’ll be the one of the ones standing up, regardless of who the president is or who’s in control of Senate”. But he also said he would not support reform to the filibuster, the Senate rule that requires 60 votes for most legislation, in order to codify Roe.“I think it’s a terrible idea, because it’s actually something that … my opponent and Donald Trump both agree on. They want to be able to jam things through on a 51-vote [majority]. ”Right now, [the Senate is] a deliberative body where we actually have to find bipartisan cooperation and common sense and kind of common ground for the common good. That’s what I did in Maryland with a 70% Democratic legislature. We got things done.”A few days after Hogan’s event at Jinsa, about 40 miles (65km) north-east in Baltimore, Democrats gathered at a canvassing hub. Once a wedding venue, the Majestic Hall of Events was surrounded by less-than-majestic auto shops and down-at-heel churches. Inside, Alsobrooks addressed a crowd organized by D4 Women in Action, linked to Delta Sigma Theta, one of the Divine Nine Black women’s sororities, to which Alsobrooks belongs.View image in fullscreenIn her speech, Alsobrooks spoke about her links to Baltimore and “the number one issue across our state, and the thing that people most desire to have: economic opportunity”. She also took shots at her opponent. “What did he do [as governor] when he had the opportunity to stand up for all of our families in Baltimore? He sent back $900m to the federal government.”skip past newsletter promotionafter newsletter promotionThat was a reference to a 2015 decision to scrap a light rail project, a call that attracted lawsuits. But Alsobrooks also looked to the national stage, and the issue she wants foremost in voters’ minds.“This race is bigger than both of us,” Alsobrooks told the Guardian. “Bigger than Larry Hogan the person. It’s bigger than Angela the person. It’s about issues and about the future. It is about reproductive freedom.”Alsobrooks listed other policy priorities – “sensible gun legislation … economic opportunity” – as part of a platform “that really does favor hard-working people, middle-class families, and that is about preserving freedoms and democracy”. But protecting abortion rights was a theme to which she returned.At Jinsa, Hogan said Democrats were trying to turn a state race into a national contest. Alsobrooks embraced the charge: “The former governor thinks he’s running to go back to Annapolis. We’re actually running to go to Washington DC, and we would represent Marylanders there.”She added: “This [Republican Senate] caucus is led by people like Ted Cruz, Lindsey Graham, Rick Scott, Mitch McConnell, and they … have really proclaimed war on the reproductive freedoms of women. They have very clear records, and [Hogan has] aligned himself with the party whose policies do not align with the average Marylander.”Much has been made of the warm relationship Hogan and Alsobrooks enjoyed when Hogan was governor. Asked about an unearthed Hogan comment – that Alsobrooks was a better Prince George’s county executive than his own father, the late congressman Lawrence Hogan – Alsobrooks said: “He has become, in a lot of ways, the kind of politician he says he despises, one who’s very disingenuous.“But I think that people see through it. Marylanders are very savvy and they have seen how he has changed … and I think they will see through the disingenuous nature of his campaign, and will again vote to keep Maryland Democratic.”Keeping Maryland Democratic will require turning out the vote. At the canvassing hub, one phone-banker wearily said: “Put in two shifts this morning.” A friend smiled back: “Only a hundred more to go.”The same Jinsa staffer who earlier had said it was “nice to have something to vote for” with Hogan also said that he hadn’t felt so good about a Senate race since 2006 – which was still a defeat – in which “getting more than 40% felt like a moral victory”.Back then, Ben Cardin, the Democrat retiring this year, beat Michael Steele, a Hogan-esque GOP moderate. Steele went on to chair the Republican National Committee, then became an MSNBC host and Never Trumper. Asked for his view of the current Maryland race, Steele was not as convinced of an Alsobrooks win as many other observers.“This race was not a competitive race until Larry got into it,” Steele said. “He is a popular two-term governor who left, I think, an important mark on how politics play out in Maryland for Republicans and made this very competitive out of the gate, largely because people had come to trust his style of governance.“It’s open, it’s compassionate, it’s concerned … I think a lot of people remember that.”Steele said Hogan had a good chance of attracting split-ticket voters – rare beasts, precious to any campaign, in this case prepared to back Harris for president but Hogan for Senate.It all added up to a warning for anyone expecting a comfortable Democratic win.“I think the latest polling has Alsobrooks up by 11,” Steele said. “I don’t believe that, largely because when I’m out in neighborhoods talking to people, and from everything I can piece together, this race is a lot tighter than the traditionalists who look at Maryland think it to be.”

    This article was amended on 11 October 2024. It originally stated that Larry Hogan chaired the Republican Governors Association. He was actually a member of its executive committee. More

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    What is Melania Trump’s game in suddenly defending abortion rights?

    When news broke on Wednesday evening that Melania Trump supports abortion rights – and apparently has for her entire adult life – it was greeted with surprise and confusion.Melania’s husband, Donald Trump, is trying to rapidly recalibrate his approach to abortion as he races towards election day. Is his wife trying to help him? Hurt him? Or neither?In her forthcoming memoir, Melania Trump went into extensive detail about her support for the procedure.“Why should anyone other than the woman herself have the power to determine what she does with her own body?” she wrote. “A woman’s fundamental right of individual liberty, to her own life, grants her the authority to terminate her pregnancy if she wishes.”Shortly after the Guardian broke the news, Trump uploaded a black-and-white video of herself to social media, set to stirring music.“Without a doubt, there is no room for compromise when it comes to this essential right that all women possess from birth,” she said. “Individual freedom. What does my body, my choice really mean?”The news of Melania Trump’s support for abortion rights comes at a time when her husband is striving to convince voters that he can be trusted to protect abortion rights.In the years since the US supreme court overturned Roe v Wade in 2022, abortion has become Republicans’ achilles heel. It cost Republicans victories in the 2022 midterms, while abortion rights supporters have won a string of ballot measures even in states as red as Kentucky, Kansas and Ohio.Earlier on in his campaign, Trump attempted to be all-things-abortion to everybody, alternately bragging about his role in overturning Roe – by appointing three of the justices who voted for its demise – and grousing that hardline positions on abortion were costing the GOP elections. But since Kamala Harris, an extraordinarily effective messenger on abortion, became the Democratic nominee for president, he has abandoned that approach in favor of garbled support for abortion rights.“WOMEN WILL BE HAPPY, HEALTH, CONFIDENT AND FREE!” Trump recently posted on Truth Social. “YOU WILL NO LONGER BE THINKING ABOUT ABORTION, BECAUSE IT IS NOW WHERE IT ALWAYS HAD TO BE, WITH THE STATES.”Melania Trump’s revelation, then, could be intended to reassure undecided voters who are disinclined to vote for Harris but support abortion rights – as a majority of Americans do. But Tresa Undem, a pollster who has surveyed people on abortion for more than two decades, said the odds of such comments appealing to moderates or abortion-supporting conservatives were “fairly slim”.After all, regardless of her personal convictions, it seems unlikely that Melania Trump has any real sway over her tempestuous husband’s policies. Her pro-abortion rights beliefs did not stop Donald Trump from helping to demolish Roe. It also doesn’t help that Melania and Donald Trump’s relationship is, at least in public, far from cozy. (He recently indicated, despite having written the foreword, that he hasn’t read the book.)“Nothing Republicans say will distract the American people from the reality they see with their own eyes: story after story of victims of rape and incest being forced into pregnancy, doctors forced to turn away patients during miscarriages and ectopic pregnancies and women literally dying because of Trump’s abortion bans,” Emilia Rowland, Democratic national committee press secretary, said in a text.View image in fullscreenMelania Trump’s disagreement with her husband is also not as novel as it may seem. Betty Ford, the wife of the Republican president Gerald Ford, was an adamant supporter of abortion rights, said Mary Ziegler, a University of California Davis school of law professor who studies the legal history of reproduction. It didn’t end up making much of a difference in Gerald Ford’s campaign.“I think people understand that Melania and Donald Trump are very different people,” Ziegler said. “I could see independent and swing voters saying: ‘Wow. It’s bad that even Donald Trump’s wife doesn’t like Donald Trump’s position.’”What Melania Trump’s news seems to have done is anger the anti-abortion activists who have made up some of Trump’s most reliable supporters. These activists were already annoyed by Trump’s recent attempts to paint himself as an abortion rights champion.“Melania Trump’s support of abortion is anti-feminist and clearly outside the teaching of our Catholic faith. She is wrong,” Kristan Hawkins, president of the pro-life organization Students for Life of America, posted on X. “What a lost opportunity to inspire a generation of young women.”Melania Trump’s strategy, such as it is, may be much more straightforward than activists and politicos may think. She has never seemed particularly interested in being first lady, and she doesn’t appear to be invested in winning the job back, seeing as she has largely disappeared from the 2024 campaign trail.But Trump does seem interested in doing at least one thing: selling books. Suggesting that there is controversy within her memoir’s pages probably helps move copies.Or not. In her post, Hawkins added: “I won’t be buying Melania’s book.” More

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    Where will abortion be on the ballot in the 2024 US election?

    This November, abortion will be on the ballot in 10 states, including the states that could determine the next president.In the two years since the US supreme court overturned Roe v Wade, abortion has become the kind of issue that decides elections. Outrage over Roe’s demise led Republicans to flounder in the 2022 midterms, and abortion rights supporters have won every post-Roe abortion-related ballot measure, including in red states such as Ohio, Kentucky and Kansas.This year, most of the ballot measures are seeking to amend states’ constitutions to protect abortion rights up until fetal viability, or about 24 weeks of pregnancy. Because a number of the measures are in states that have outlawed abortion, they could become the first to overturn the post-Roe ban. Others are in states where abortion is legal, but activists say the measures are necessary to cement protections so they can’t be easily overturned if Republicans control the government.These are the states slated to vote on abortion this election day.ArizonaAbortion rights supporters in Arizona, a key battleground state in the presidential election, are vying to pass a measure that would enshrine the right to abortion up until viability in the state constitution. A provider could perform an abortion after viability if the procedure is necessary to protect the life or physical or mental health of a patient.Arizona currently bans abortion past 15 weeks of pregnancy. Earlier this year, the state supreme court reinstated a 19th-century near-total abortion ban, generating nationwide outrage that prompted the state legislature to quickly repeal it in favor of letting the 15-week ban stand.ColoradoColorado’s measure would amend the state constitution to block the state government from denying, impeding or discriminating against individuals’ “right to abortion”. This measure also includes a one-of-a-kind provision to bar Colorado from prohibiting healthcare coverage for abortion – which could very well pass in the deep-blue state.Because Colorado permits abortion throughout pregnancy and neighbors five states with bans – Oklahoma, Texas, Arizona, Utah and Nebraska – the state has become a haven for people fleeing abortion bans, especially those seeking abortions later in pregnancy.FloridaOnce the last stronghold of southern abortion access, Florida in May banned abortion past six weeks of pregnancy, which is before many women know they’re pregnant. Its measure, which needs 60% of the vote to pass, would roll back that ban by adding the right to an abortion up until viability to the state’s constitution. Providers could perform an abortion after viability if one is needed to protect a patient’s health.Florida Republicans’ tactics in the fight against the measure has alarmed voting rights and civil rights groups. Law enforcement officials have investigated voters who signed petitions to get the measure onto the ballot, while a state health agency has created a webpage attacking the amendment.MarylandLegislators, rather than citizens, initiated Maryland’s measure, which would amend the state constitution to confirm individuals’ “right to reproductive freedom, including but not limited to the ability to make and effectuate decisions to prevent, continue, or end the individual’s pregnancy”. Like Colorado, Maryland has become an abortion haven because it permits the procedure throughout pregnancy. It is also relatively close to the deep south, which is blanketed in bans. MissouriAbortion opponents went to court to stop Missouri’s measure from appearing on voters’ ballots, but the state supreme court rejected their arguments and agreed to let voters decide whether the Missouri constitution should guarantee the “fundamental right to reproductive freedom, which is the right to make and carry out decisions about all matters relating to reproductive healthcare, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions”.Missouri, which was the first state to ban abortion after Roe fell, only permits the procedure in medical emergencies. If the measure passes, it is expected to roll back that ban and permit abortion until viability.MontanaIn the years since Roe fell, Montana courts and its Republican-dominated legislature have wrestled over abortion restrictions and whether the right to privacy embedded in Montana’s constitution includes the right to abortion. Abortion remains legal until viability in Montana, but the measure would amend the state constitution to explicitly include “a right to make and carry out decisions about one’s own pregnancy, including the right to abortion” up until viability. Providers could perform an abortion after viability to protect a patient’s life or health.NebraskaNebraska, which bans abortion past 12 weeks of pregnancy, is the lone state with two competing ballot measures this November. One of the measures would enshrine the right to abortion up until viability into the state constitution, while the other would enshrine the current ban. If both measures pass, the measure that garners the most votes would take effect.NevadaAlongside Arizona, Nevada is one of the most closely watched states in the presidential election. Its measure would amend the state constitution to protect individuals’ right to abortion up until viability, or after viability in cases where a patient’s health or life may be threatened. Nevada already permits abortion up until 26 weeks of pregnancy.New YorkNew York state legislators added a measure to the ballot to broaden the state’s anti-discrimination laws by adding, among other things, protections against discrimination on the basis of “sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health”.Although sky-blue New York passed a law protecting reproductive rights in 2019, advocates say this measure could be used to defend abortion rights against future challenges. However, the ballot language before voters will not include the word “abortion”, leading advocates to fear voters will not understand what they are voting on. Democrats pushed to add the word “abortion” to the description of the measure, but a judge rejected the request, ruling that the amendment poses “complex interpretive questions” and its exact impact on abortion rights is unclear.South DakotaSouth Dakota’s measure is less sweeping than other abortion rights measures, because it would only protect the right to abortion in the first trimester of pregnancy. Under this measure, South Dakota could regulate access to abortion “only in ways that are reasonably related to the physical health of the pregnant woman” in the second trimester of pregnancy. In the third trimester, the state could ban abortion except in medical emergencies. Right now, South Dakota only allows abortions in such emergencies.Although this measure will appear on the ballot, there will be a trial over the validity of the signatures that were collected for it. Depending out the outcome of the trial, the measure – and any votes cast for it – could be invalidated. More

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    JD Vance endorsed anti-IVF report that contradicts Trump’s new stance

    A rightwing thinktank report proposing sweeping restrictions to abortions and fertility treatments was endorsed by JD Vance years before he became a fervent backer of Donald Trump and – eventually – his vice-presidential running mate known for his derisive views on childless women.In 2017, months into Trump’s presidency, Vance wrote the foreword to the Index of Culture and Opportunity, a collection of essays by conservative authors for the Heritage Foundation that included ideas for encouraging women to have children earlier and promoting a resurgence of “traditional” family structure.The essays lauded the increase in state laws restricting abortion rights and included arguments that the practice should become “unthinkable” in the US, a hardline posture the Democrats now say is the agenda of Trump and Vance, who they accuse of harbouring the intent to impose a national ban following a 2022 supreme court ruling overturning Roe V Wade and annulling the federal right to abort a pregnancy.The report also includes an essay lamenting the spread of in vitro fertilisation (IVF) and other fertility treatments, with the author attributing them as reasons for women delaying having children and prioritising higher education rather than starting families.IVF has emerged as an issue in November’s presidential race after Trump said last week that he favoured it being covered by government funding or private health insurance companies – a stance seeming at odds with many Republicans, including Vance, who was one of 47 GOP senators to vote against a bill in June intended to expand access to the treatment.The report’s contents provide fresh insights into the philosophy informing some of Vance’s inflammatory later public statements, which have included saying that America is run by “childless cat ladies” and that he is disturbed by the idea of teachers who do not have children.He has also suggested that people without children are likely to become “more sociopathic”.The 2017 report was released a year after the publication of Vance’s bestselling memoir, Hillbilly Elegy, and also after he had made a series of statements denouncing Trump, whom the US senator called “cultural heroin” and speculated could become “America’s Hitler”. He also described himself as “a never Trump guy”.However, its foreword contains hints that Vance’s thoughts on the then president were already evolving.“We all seem to be waking up to the fact that things are not quite what they used to be,” he wrote. “When president Trump has spoken of the country as trapped in a losing game of international trade or decried the carnage on so many American streets, he has earned criticism for painting an overly pessimistic view of his own country. Yet that pessimism struck a chord with many Americans.skip past newsletter promotionafter newsletter promotion“The question for those concerned about the future of the country is not whether negativity is justified, but why negativity inspired so many at the polls.”Vance’s views ultimately went full circle, and Trump endorsed his successful election campaign for the US Senate in Ohio in 2022.The foreword to the 2017 report also seems to be one of Vance’s first known links to the Heritage Foundation, a thinktank responsible for producing Project 2025, a controversial and radical blueprint for remaking US government and society in a conservative image. Trump has disowned the 922-page document. But the campaign of Kamala Harris, the Democratic presidential nominee, has depicted it as an assault on basic freedoms and typical of what lies in store under a second Trump presidency. More

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    Harris urges Americans to vote after six-week abortion ban takes effect in Iowa

    Kamala Harris, the likely Democratic nominee for president, urged Americans to vote after a six-week abortion ban took effect in Iowa on Monday.“This ban is going to take effect before many women even know they’re pregnant,” Harris said in a video posted to YouTube. “What this means is that one in three women of reproductive age in America lives in a state with a Trump abortion ban.”During the 33-second clip, Harris used the phrase “Trump abortion ban” three times – part of a wider effort by her campaign to blame her rival Donald Trump, who appointed three of the supreme court justices who overturned Roe v Wade and enabled states to outlaw abortion, for the spate of unpopular bans that now blanket the south and midwest.The Republican-dominated Iowa state legislature passed the ban last year, but a lengthy court battle initially stopped it from taking effect. Last month, the Iowa supreme court ruled that the ban could be enforced, leading a lower-court judge to rule it could take effect on Monday morning at 8am local time.“The upholding of this abortion ban in Iowa is an absolute devastation and violation of human rights, depriving Iowans of their bodily autonomy,” Leah Vanden Bosch, development and outreach director of the Iowa Abortion Access Fund, said in a statement. “We know a ban will not stop the need for abortions.”Up until Sunday, abortion had been legal in Iowa up to roughly 22 weeks of pregnancy. Now, abortion clinics in the state have indicated that they will continue offering the procedure to the legal limit. The closest options for Iowans who want abortions after six weeks of pregnancy will probably be Minnesota and Illinois, Democratic-run states that border Iowa and that have become abortion havens since Roe v Wade was overturned in 2022.The Iowa ban permits abortions past six weeks in cases of rape or incest, or in medical emergencies.Fourteen other states enacted near-total bans on abortion since the US supreme court overturned Roe. Three other states – Georgia, South Carolina and Florida – have banned abortion past about six weeks of pregnancy.Roe’s demise led to surge in support for abortion rights, even in red states. Sixty-one per cent of Iowans, including 70% of women, say that abortion should be legal in all or most cases, a Des Moines Register/Mediacom Iowa poll found last year.The end of Roe has made abortion rights one of the top issues in the 2024 election. Harris, the face of the issue for Democrats, has said that she would sign a bill codifying Roe’s protections into law. On the other side of the aisle, Trump, the Republican nominee has tried to downplay the issue as it has become a liability for Republicans.Kim Reynolds, Iowa’s Republican governor, celebrated the ban, calling it a “victory for life”. In a statement, she added: “There is nothing more sacred and no cause more worthy than protecting innocent unborn lives.” More

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    Democrats move to repeal 1873 law they say could pave way for national abortion ban

    Democrats introduced legislation on Thursday to repeal a 19th-century anti-obscenity law that bans mailing abortion-related materials, amid growing worries that anti-abortion activists will use the law to implement a federal abortion ban.The bill to repeal the Comstock Act was introduced by the Minnesota Democratic senator Tina Smith, whose office provided a draft copy of the legislation to the Guardian. The Massachusetts senator Elizabeth Warren and Nevada senator Catherine Cortez Masto also back the bill, according to the Washington Post, which first reported the news of Smith’s plans. Companion legislation was also set to be introduced in the House.“We have to see that these anti-choice extremists are intending to misapply the Comstock Act,” Smith said in an interview. “And so our job is to draw attention to that, and to do everything that we can to stop them.”Passed in 1873, the Comstock Act is named after the anti-vice crusader Anthony Comstock and, in its original iteration, broadly banned people from using the mail to send anything “obscene, lewd or lascivious”, including “any article or thing designed or intended for the prevention of conception or procuring an abortion”. In the 151 years since its enactment, legal rulings and congressional action narrowed the scope of the Comstock Act. For years, legal experts regarded it as a dead letter, especially when Roe v Wade established the constitutional right to an abortion.But after the US supreme court overturned Roe in 2022, some anti-abortion activists started arguing that the Comstock Act’s prohibition against mailing abortion-related materials remained good law. Project 2025, a playbook written by the influential thinktank the Heritage Foundation, recommends that a future conservative presidential administration use the Comstock Act to block the mailing of abortion pills. Other activists have gone even further, arguing that the Comstock Act can outlaw the mailing of all abortion-related materials.Because abortion clinics rely on the mail for the drugs and tools they need to do their work, such an interpretation of the Comstock Act would be a de facto ban on all abortion.The Biden administration has issued guidance arguing that someone only violates the Comstock Act if the sender intends for abortion-related materials “to be used unlawfully”. However, although Joe Biden has focused his re-election campaign on reproductive rights, he has steered clear of addressing the potential return of the Comstock Act.Smith said that it “seems impossible” that her repeal bill will garner the 60 votes necessary to advance legislation in the Senate. Republicans recently stymied Democratic efforts to establish federal rights to contraception and in vitro fertilization.But Smith views her bill as a chance to raise awareness of the nationwide consequences of a Comstock Act revival, particularly among voters living in states where abortion rights are currently protected.“You talk to somebody in Minnesota or Nevada or Pennsylvania, places where people feel secure that they have control over their own decisions and their own potential to decide for themselves about abortion – and then come to find out that Donald Trump has a plan to take away that control that you have, even without a vote or an act of Congress,” Smith said. “It makes it much more real, what the difference is and what the contrast is, what the choices are for you even in those states where state law protects you. That could all change.”skip past newsletter promotionafter newsletter promotionIn a New York Times April op-ed where she first aired her plans to repeal the Comstock Act, Smith suggested that she planned to introduce the legislation once the supreme court ruled on a case involving access to mifepristone, one of the two drugs typically used in US medication abortions and a top target of anti-abortion activists. In a unanimous opinion earlier this month, the supreme court ruled on technical grounds to let access to mifepristone remain unchanged for now. Although rightwing justices Clarence Thomas and Samuel Alito brought up the Comstock Act during oral arguments in the case, neither the majority opinion nor a concurrence by Thomas ultimately mentioned the anti-obscenity law.“The court, in its decision, left the door wide open for future challenges based on Comstock,” Smith said, adding: “There was nothing in the court’s decision that gave me any sense of security.” More

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    Louisiana expected to classify abortion pills as controlled and dangerous substances

    Two abortion-inducing drugs could soon be reclassified as controlled and dangerous substances in Louisiana under a first-of-its-kind bill that received final legislative passage on Thursday and is expected to be signed into law by the governor.Supporters of the reclassification of mifepristone and misoprostol, commonly known as “abortion pills”, say it would protect expectant mothers from coerced abortions. Numerous doctors, meanwhile, have said it will make it harder for them to prescribe the medicines they use for other important reproductive healthcare needs, and could delay treatment.Louisiana currently has a near-total abortion ban in place, applying both to surgical and medical abortions. The GOP-dominated legislature’s push to reclassify mifepristone and misoprostol could possibly open the door for other Republican states with abortion bans that are seeking tighter restrictions on the drugs.Current Louisiana law already requires a prescription for both drugs and makes it a crime to use them to induce an abortion in most cases. The bill would make it harder to obtain the pills by placing them on the list of Schedule IV drugs under the state’s Uniform Controlled Dangerous Substances Law.The classification would require doctors to have a specific license to prescribe the drugs, which would be stored in certain facilities that in some cases could end up being located far from rural clinics. Knowingly possessing the drugs without a valid prescription would carry a punishment including hefty fines and jail time.Supporters say people would be prevented from unlawfully using the pills, though language in the bill appears to carve out protections for pregnant people who obtain the drug without a prescription for their own consumption.More than 200 doctors in the state signed a letter to lawmakers warning that it could produce a “barrier to physicians’ ease of prescribing appropriate treatment” and cause unnecessary fear and confusion among both patients and doctors. The physicians warn that any delay to obtaining the drugs could lead to worsening outcomes in a state that has one of the highest maternal mortality rates in the country.In addition to inducing abortions, mifepristone and misoprostol have other common uses, such as treating miscarriages, inducing labor and stopping hemorrhaging.Mifepristone was approved by the US Food and Drug Administration in 2000 after federal regulators deemed it safe and effective for ending early pregnancies. It’s used in combination with misoprostol, which the FDA has separately approved to treat stomach ulcers.The drugs are not classified as controlled substances by the federal government because regulators do not view them as carrying a significant risk of misuse. The federal Controlled Substances Act restricts the use and distribution of prescription medications such as opioids, amphetamines, sleeping aids and other drugs that carry the risk of addiction and overdose.Abortion opponents and conservative Republicans both inside and outside the state have applauded the Louisiana bill. Conversely, the move has been strongly criticized by Democrats, including the vice-president, Kamala Harris, who in a social media post described it as “absolutely unconscionable”.Meanwhile, Louisiana’s Democratic party chairman Randal Gaines released a statement on Wednesday in which he called the bill “yet another example of [House Republicans’] pursuit to take away reproductive freedoms for women in Louisiana.“Thanks to Donald Trump, who proudly claims credit for ripping away women’s freedoms, women in Louisiana live in constant fear of losing even more rights … [this] action is a harrowing preview of how much worse things could get under governor Landry and the extreme GOP leadership,” he added.The US supreme court heard arguments in March on behalf of doctors who oppose abortion and want to restrict access to mifepristone. The justices did not appear ready to limit access to the drug, however.The Louisiana legislation now heads to the desk of conservative Republican governor Jeff Landry. The governor, who was backed by former president Donald Trump during last year’s gubernatorial election, has indicated his support for the measure, remarking in a recent post on X: “You know you’re doing something right when @KamalaHarris criticizes you.”Landry’s office did not respond to an emailed request for comment.A recent survey found that thousands of women in states with abortion bans or restrictions are receiving abortion pills in the mail from states that have laws protecting prescribers. The survey did not specify how many of those cases were in Louisiana.Louisiana’s near-total abortion ban applies both to medical and surgical abortions. The only exceptions to the ban are when there is substantial risk of death or impairment to the pregnant person if they continue the pregnancy or in the case of “medically futile” pregnancies, when the fetus has a fatal abnormality.In 2022, a Louisiana woman carrying an unviable, skull-less fetus was forced to travel 1,400 miles to New York for an abortion after her local hospital denied her the procedure. “Basically … I [would have] to carry my baby to bury my baby,” the woman, Nancy David, said at the time.Currently, 14 states are enforcing bans on abortion at all stages of pregnancy, with limited exceptions.According to a study released in March, in the six months following the overturn of Roe v Wade, approximately 26,000 more Americans used abortion pills to induce at-home abortions than would have done had the supreme court not overturned the federal law in 2022.In 2023, medication abortions involving mifepristone, as well as misoprostol, accounted for more than 60% of all abortions across the US healthcare system, marking a 53% increase since 2020, according to the Guttmacher Institute.The medication abortion counts do not include self-managed medication abortions carried out outside healthcare systems or abortion medication mailed to people in states with total abortion bans. 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