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      South Dakota to decide on abortion rights in fall as ballot initiative advances

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      South Dakota voters will decide on abortion rights this fall, getting a chance at direct democracy on the contentious issue in a conservative state where a trigger law banning nearly all abortions went into effect after Roe v Wade was overturned.The state’s top election official announced on Thursday that about 85% of the more than 55,000 signatures submitted in support of the ballot initiative are valid, exceeding the required 35,017 signatures.Voters will vote up or down on prohibiting the state from regulating abortion before the end of the first trimester and allowing the state to regulate abortion after the second trimester, except when necessary to preserve the life or physical or emotional health of a pregnant woman.Dakotans for Health, which sponsored the amendment, said in a statement on Thursday that the signatures’ validation “certified that the people of South Dakota, not the politicians in Pierre, will be the ones to decide whether to restore Roe v Wade as the law of South Dakota”.Abortion rights are also on the ballot in Florida and Maryland, and advocates are still working toward that goal in states including Arizona, Montana and Nebraska in the aftermath of the US supreme court’s 2022 reversal of Roe.Voters in seven other states have already approved abortion access in ballot measures, including four that wrote abortion rights into their constitution.South Dakota outlaws all abortions, except those to save the life of the mother.Despite securing language on the ballot, abortion rights advocates in South Dakota face an uphill battle to success in November. Republican lawmakers strongly oppose the measure, and a major abortion rights advocate has said it doesn’t support it.The American Civil Liberties Union of South Dakota warned when the signatures were submitted that the language as written does not convey the strongest legal standard for courts to evaluate abortion laws and could risk being symbolic only.Life Defense Fund, a group organized against the initiative, said it will continue to research the signatures.Opponents still have 30 days – until 17 June – to file a challenge with the secretary of state’s office. More

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      Arizona house votes to repeal near-total ban on abortion

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      Lawmakers in the Arizona house have voted to repeal a controversial 1864 law banning nearly all abortions, amid mounting pressure from the state’s Republicans.Three Republicans joined in with all 29 Democrats on Wednesday to support the repeal of the law, which predates Arizona’s statehood and provides no exceptions for rape or incest.The move follows weeks of effort in the state legislature to address an issue that put Republicans on the defensive in a battleground state for the presidential election. The measure will now head to the state senate, where it is expected to pass, and then to the governor’s desk.The Arizona supreme court earlier this month concluded the state can enforce a long-dormant law that permits abortions only to save the pregnant patient’s life. The ruling suggested doctors could be prosecuted under the law, first approved in 1864, and anyone who assists in an abortion could face two to five years in prison.The ruling put enormous pressure on Republicans in the state, who on the one hand are under fire from some conservatives in their base who firmly support the abortion ban, and from swing voters who strongly oppose the measure and will decide crucial races including the presidency, the US Senate and the GOP’s control of the legislature.Some prominent Republicans, including the GOP candidate for Senate, Kari Lake, have come out against the ban. But Republicans in the statehouse so far have blocked efforts by Democratic lawmakers to repeal the law.A week ago, one Republican in the Arizona house joined 29 Democrats to bring the repeal measure to a vote, but the effort failed twice on 30-30 votes. Democrats hoped one more Republican would cross party lines on Wednesday so that the repeal bill can be brought up for a vote. There appears to be enough support for repeal in the Arizona senate.Meanwhile, the office of the Arizona attorney general, Kris Mayes, on Tuesday asked the state supreme court to reconsider its decision, the Arizona Republic reported.View image in fullscreenOn Wednesday, dozens of people gathered outside the state capitol before the House and Senate were scheduled to meet, many of them carrying signs or wearing shirts showing their opposition to abortion rights.The civil war-era law had been blocked since the US supreme court’s 1973 Roe v Wade decision guaranteed the constitutional right to an abortion nationwide.After Roe v Wade was overturned in June 2022, the then Arizona attorney general, Mark Brnovich, a Republican, persuaded a state judge that the 1864 ban could be enforced. Still, the law has not actually been enforced while the case makes its way through the courts. Mayes urged the state’s highest court not to revive the law.Mayes has said the earliest the law could be enforced was 8 June, though the anti-abortion group defending the ban, the Alliance Defending Freedom, maintains county prosecutors can begin enforcing it once the supreme court’s decision becomes final, which is expected to occur this week.If the proposed repeal is signed into law by the Democratic governor, Katie Hobbs, a 2022 statute banning the procedure after 15 weeks of pregnancy would become the prevailing abortion law.Many abortion providers in the state have vowed to continue providing the procedure until the ban goes into effect. In neighboring California, providers are gearing up to treat Arizona patients seeking abortion care when the ban goes into effect. The California governor, Gavin Newsom, announced on Wednesday he’s introducing a proposal that would allow Arizona doctors to perform abortions for their clients in California. The change would only apply to doctors licensed in good standing in Arizona and their patients, and last through the end of November.skip past newsletter promotionafter newsletter promotionView image in fullscreenThe battle over abortion access in Arizona will ultimately be decided in November. Abortion rights advocates are pushing an effort to ask Arizona voters to create a constitutional right to abortion. They have collected about 500,000 signatures, more than the almost 384,000 needed to put it on the ballot.The proposed constitutional amendment would guarantee abortion rights until a fetus could survive outside the womb, typically around 24 weeks. It also would allow later abortions to save the parent’s life, or to protect her physical or mental health.Republican lawmakers, in turn, are considering putting one or more competing abortion proposals on the November ballot.A leaked planning document outlined the approaches being considered by house Republicans, such as codifying existing abortion regulations, proposing a 14-week ban that would be “disguised as a 15-week law” because it would allow abortions until the beginning of the 15th week, and a measure that would prohibit abortions after six weeks of pregnancy, before many people know they are pregnant.House Republicans have not yet publicly released any such proposed ballot measures.Reproductive rights advocates say the issue has mobilized voters and report that people are seeking out signature-gatherers and asking about locations where their friends and family can sign to put abortion access on the ballot.“I’ve had women come up with three kids, and they’re signing. And I tell them, moms are the most important signature here, because they understand what this issue is, and what pregnancy does to the body, what pregnancy does to your life,” Susan Anthony, who has been gathering signatures in Arizona, told the Guardian.The Associated Press contributed reporting More

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      ‘A dark day’: Arizona governor condemns ruling on near-total abortion ban – video

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      The Arizona governor, Katie Hobbs, a Democrat, called for an Arizona supreme court ruling to be repealed that permits enforcement of an 1864 law banning almost all abortions. Speaking at a press conference the governor said: ‘The near total civil war-era ban that continues to hang over our heads only serves to create more chaos for women and doctors in our state.’ First passed when Arizona was still a territory, the ban only permits abortions to save a patient’s life and does not make exceptions for rape or incest More

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      US supreme court seems skeptical of arguments against abortion drug mifepristone

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      The supreme court on Tuesday seemed skeptical of arguments made by anti-abortion doctors asking it to roll back the availability of mifepristone, a drug typically used in US medication abortion. The arguments were part of the first major abortion case to reach the justices since a 6-3 majority ruled in 2022 to overturn Roe v Wade and end the national right to abortion.The rightwing groups that brought the case argued that the justices should roll back measures taken since 2016 by the Food and Drug Administration (FDA) to expand the drug’s availability. A decision in the anti-abortion doctors’ favor would apply nationwide, including in states that protect abortion access, and would probably make the drug more difficult to acquire.Medication abortion now accounts for almost two-thirds of abortions performed in the US.Much of Tuesday’s arguments focused on whether the anti-abortion doctors who sued the FDA, a coalition known as the Alliance for Hippocratic Medicine, have standing, or the right to bring the case in the first place. The doctors claim they will suffer harm if they have to treat women who experience complications from mifepristone, an argument the Biden administration, which appealed the case to the court, has rejected as too speculative.The US solicitor general, Elizabeth Prelogar, who defended the FDA, argued that the doctors do not come within “100 miles” of having the legal right to bring the case, arguing that their case rests on a “long chain of remote contingencies”. Under their argument, Prelogar said, a woman would have to face complications from a medication abortion that were so serious that she needed emergency care at a hospital – an unlikely scenario, given mifepristone’s proven safety record – and then end up in the care of an anti-abortion doctor who was somehow forced into taking care of her in such a way it violated the doctor’s conscience.A number of the justices – even the ones who ruled to overturn Roe two years ago – seemed skeptical that the doctors met the threshold required to establish standing. Justices Amy Coney Barrett and Brett Kavanaugh seemed to seek assurances that the doctors represented by the Alliance for Hippocratic Medicine were already covered by laws that protect doctors from having to undertake cases that violated their consciences.Justice Neil Gorsuch seemed to express concern over the sweeping implications of the doctors’ request of the court. “This case seems like a prime example of turning what could be a small lawsuit into a nationwide legislative assembly on an FDA rule or any other federal government rule,” he said.The supreme court has historically rejected standing arguments based on such potential harm. However, Justice Clarence Thomas raised the possibility that perhaps the court’s own threshold for standing was too strict.His fellow conservative Samuel Alito also seemed incredulous of Prelogar’s argument. “Is there anybody who can sue and get a judicial ruling on whether what FDA did was lawful?” he asked. “Shouldn’t somebody be able to challenge that in court?”Since the fall of Roe in June 2022, more than a dozen states have banned abortion. The result has been legal and medical chaos. Dozens of women have come forward to say that they were denied medically necessary abortions. Abortion clinics in states that still allow abortion are overwhelmed by the flood of patients fleeing states with bans. More than 1m abortions were performed in the US in 2023, a record high.The availability of medication abortions, which are usually performed using mifepristone as well as another drug called misoprostol, has helped soften the impact of the bans. Telehealth medication abortions, permitted by the FDA since the pandemic, helped ease some of the burden on abortion clinics; shield laws, passed in a handful of states, even allowed providers to offer telehealth abortions to people living in states with abortion bans.But the accessibility of medication abortion also made it the next target of the anti-abortion movement after Roe was overturned. In 2022 the Alliance for Hippocratic Medicine challenged the FDA’s 2000 approval of mifepristone. The group, which includes anti-abortion doctors and is being defended by the Christian powerhouse legal firm the Alliance Defending Freedom, argued that the FDA overstepped its authority and that mifepristone is unsafe. (More than 100 studies have concluded that mifepristone can be safely used to terminate a pregnancy.)A federal judge ruled in favor of the Alliance for Hippocratic Medicine, a move that could have yanked mifepristone off the market entirely. But an appeals court narrowed that ruling, deciding that it was too late to challenge mifepristone’s original 2000 approval.Instead, the appeals court ruled to rewind later measures taken by the FDA that expanded access to mifepristone, including by removing requirements that abortion providers dispense mifepristone in person. A recent analysis found 16% of all US abortions are facilitated through telehealth.Mifepristone’s availability has remained unchanged as litigation has progressed.skip past newsletter promotionafter newsletter promotionDuring oral arguments, Thomas and Alito also raised the specter of the Comstock Act, a 19th-century anti-vice law that bans the mailing of abortion-related materials. Long regarded as a relic, the Comstock Act has now seen a resurgence of post-Roe support among anti-abortion activists who believe it is the key to a de facto nationwide abortion ban.“How do you respond to an argument that mailing your product and advertising it would violate the Comstock Act?” Thomas asked Jessica Ellsworth, a lawyer for Danco Laboratories, a manufacturer of mifepristone.After some back and forth, Ellsworth told Thomas: “That statute has not been forced for nearly 100 years and I don’t believe that this case presents an opportunity for the court to opine on the reach of the statute.”Regardless of what the supreme court decides, Americans will still be able to order mifepristone online from suppliers who help people “self-manage” their own abortions. A study released on Monday found self-managed abortions had soared since Roe fell.Outrage over the overturning of Roe has turned abortion into a key election issue, since most Americans support at least some degree of abortion access. Voters in multiple states, including conservative strongholds, have voted in ballot initiatives in favor of abortion rights; roughly a dozen states are now expected to put abortion-related ballot measures to voters come November. Democrats are hoping that the issue will bolster turnout for their candidates, including Joe Biden.The supreme court is expected to issue a ruling in the mifepristone case by the summer, just months ahead of the 2024 elections.The case’s consequences could stretch far beyond abortion. If the justices greenlight attempts by ideologically driven groups to second-guess the authority of the FDA, the agency’s regulation of all manner of drugs – such as contraception and vaccines – could be challenged in court.Ellsworth, the Danco attorney, argued that the doctors’ argument in the case “is so inflexible it would upend not just mifepristone, but virtually every drug approval”. More

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      Senate Democrats to force vote on protecting IVF access across the US

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      Senate Democrats are moving to push through a bill that would protect Americans’ access to in vitro fertilization (IVF) treatment, after an Alabama supreme court ruling that frozen embryos are children led to the closure of a number of infertility clinics in the state.The Democratic Illinois senator Tammy Duckworth said she would try to force a vote on the legislation on Wednesday which would establish a federal right to IVF and other fertility treatments that are at risk in the post-Roe era. Duckworth’s two children were conceived through IVF.“I’m headed to the Senate floor to call on my colleagues to pass via unanimous consent my Access to Family Building Act, which would ensure that every American’s right to become a parent via treatments like IVF is fully protected, regardless of what state they live in – guaranteeing that no hopeful parent or doctor is punished,” Duckworth said at a news conference on Tuesday.Duckworth’s move comes as Democrats vow to make IVF a campaign issue as they look to squeeze Republicans and highlight the continuing fallout of the overturning of Roe v Wade.“I warned that red states would come for IVF. Now they have. But they aren’t going to stop in Alabama. Mark my words: if we don’t act now, it will only get worse,” Duckworth added.The bill would require unanimous consent in order for it to pass, meaning that any one senator can block its passage. Senator Richard Blumenthal, a Connecticut Democrat, said it was unlikely to receive unanimous consent from the chamber to rush the bill through.skip past newsletter promotionafter newsletter promotionWhile many Republican lawmakers registered disappointment over the Alabama ruling, at least one conservative senator was expected to object.Blumenthal said Democrats would not be deterred. He would not say what the next legislative steps would be, but he said Democrats, who control the Senate, would look for other ways to protect IVF and reproductive healthcare.“The IVF dilemma for Republicans is they are down a path that is not only unpopular, it’s untenable as a matter of constitutional law and basic moral imperative, and we’re going to pursue it vigorously,” Blumenthal said.“Today’s vote, the effort to seek a unanimous consent, we know is unlikely to be successful. Failing today is only the prelude to a fight ahead on women’s reproductive care centered on IVF and other steps that have to be taken to protect basic rights.” More

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      ‘That’s a hard one’: Alabama senator flounders over state’s IVF embryo ruling

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      Republican US senator Tommy Tuberville of Alabama seemingly struggled to grasp the contradictory situation women have been placed in after his state’s supreme court ruled that frozen embryos are children.Asked at a conservative conference on Thursday what he would say to women currently denied the fertility treatment, the former college football coach replied: “Yeah, I was all for it. We need to have more kids, we need to have an opportunity to do that, and I thought this was the right thing to do.”But then when he was pressed on whether the ruling would negatively affect people who are trying to have conceive, Tuberville said: “Well, that’s, that’s for another conversation. I think the big thing is right now, you protect – you go back to the situation and try to work it out to where it’s best for everybody. I mean, that’s what – that’s what the whole abortion issue is about.”As a result of the ruling in question in Alabama, at least three IVF providers in the state have suspended services.“That’s a hard one,” Tuberville said when asked about IVF availability in Alabama. “It really is.”Tuberville said: “I’d have to look at what they’re agreeing to and not agreeing to. I haven’t seen that.”But he said that it was “unfortunate” if the women would not be denied the procedure.Tuberville’s spokesperson Hannah Eddins later sought to clarify the senator’s remarks, saying he had been “emphasizing his support for life at all stages”.“In addition to being pro-life and believing life begins at conception, Senator Tuberville is also pro-family,” Eddins said. “He believes strong families are instrumental to our country’s success.”Eddins added that Tuberville was “in no way” supporting the decision by clinics to halt IVF procedures.skip past newsletter promotionafter newsletter promotionThe Alabama court’s decision, released earlier this week, came in response to a lawsuit by a group of IVF patients whose frozen embryos were destroyed in December 2020 when a patient removed the embryos from a cryogenic storage unit and dropped them on the ground.With the ruling, Republican anti-abortion politicians are now in a bind between opposing abortion and supporting treatments that promote conception.Tuberville’s spokesperson said that the senator supported the US supreme court’s ruling that overturned the federal abortion right previously established by Roe v Wade. The court’s decision returned the issue of abortion rights back to individual states, many of which have outlawed the procedure in most cases.Tuberville’s remarks on Thursday came after his decision in December to end a months-long blockade of US military promotions over his opposition to a Pentagon policy that facilitates abortions for service members and dependents. More

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      ‘A generational struggle’: abortion rights pioneer offers insights to the post-Roe US

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      The battle to bring back the federal right to abortion in the US hinges on much more than just the outcome of the 2024 presidential election, and winning will require proponents to be as organized and steadfast as their opponents, at least as one of the reproductive freedom movement’s most veteran voices sees it.Invoking scenes that played out all across the country after the supreme court’s Dobbs decision eliminated nationwide abortion rights, Merle Hoffman recently said: “It looks like thousands of people marching in the streets all over the country … [But] you can’t just do one action.“The pressure has to go, and go, and go.”Hoffman, 77, positioned herself at the forefront of the American reproductive freedom movement decades ago, when she helped open one of the US’s first abortion centers in the Flushing neighborhood of Queens in New York City two years before the supreme court’s 1973 Roe v Wade decision established the national right to the procedure.Hoffman recently spoke to the Guardian about how Democratic control of the White House and one of the congressional chambers has offered little resistance to Republican command of the judiciary, which allowed the supreme court’s conservative majority to overturn Roe.She believes that gaining back the ground lost since Dobbs was handed down in the summer of 2022 requires more than just voting for pro-abortion candidates.“That’s one aspect, yes,” Hoffman said.But, given that the federal levers of power are divided among the two political parties, and the procedural blocks that one branch of government can leverage on another, “don’t assume – please don’t assume – that as soon as these people get into office, they’re going to put Roe v Wade right back,” Hoffman said.“They can’t.”Hoffman highlighted how little federal-level Democrats had done to protect abortion access with Joe Biden in the White House and a slim majority in the Senate since Roe v Wade was overturned.Biden has been unwilling to pursue an expansion of the nine-seat supreme court to add liberals to the bench and better balance its 6-3 conservative majority. Meanwhile, with control of the House and Senate split by thin margins, Congress has not been able to enact national protections for reproductive rights through legislation, creating a confusing checkerboard where abortion is nearly completely banned in 14 states.Hoffman had a hand in founding Rise Up 4 Abortion Rights shortly before Roe fell, with the aim of galvanizing popular opposition to abortion restrictions.She said the thousands who participated in mass street protests in cities across the US – including Washington DC, New York City, Los Angeles and Chicago – then and since have had the correct approach. And she complimented the energy younger advocates brought in organizing those events and similar, unrelated ones when unrest over Roe’s fall was at its highest.But Hoffman said such demonstrations have all but vanished in terms of size and intensity as other major events, including the Israel-Gaza war that erupted in October, have taken up the progressive left’s attention.skip past newsletter promotionafter newsletter promotionHoffman acknowledged that some believe street protests and walkouts in schools and workplaces have a limited effect within the current structure of power in the US. But she said she steadfastly believed enough actions like that, sustained over an adequate amount of time, would convince those in power to side with the majority of Americans who favor abortion rights over opposing special interests.She said reproductive rights supporters could also do more to advocate for the movement by contributing time or money to efforts aimed at improving healthcare for women who do want to have children.Meanwhile, Hoffman said, women who have had abortions but have chosen to remain silent because of the social stigma could help break that stigma by speaking up about their experiences and decisions.She likened it to LGBTQ+ people “coming out” about their sexualities, and how supportive that can be to members of their communities who feel shame and guilt in silence.“There’s an abortion closet,” Hoffman said. “The first thing you can do is come out.”Hoffman said it was perhaps most important to realize that truly taking back what was lost to Dobbs would take decades. That’s how long it took opponents of reproductive rights – as well as like-minded judges and lawmakers – to plot the seeds for the historic decision to end the right to abortion in the US.“This is a generational struggle,” said Hoffman, echoing the central point in her recent book Choices: A Post-Roe Abortion Rights Manifesto. “This is going to pass from me to the next generation to the next generation.“The opposition is extremely, extremely … relentless. They’re persistent, they’re creative – and they won’t stop until there is no abortion in this country.” More

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      Ohio Republicans move to exclude judges from interpreting enshrined abortion rights

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      Four Ohio Republican state lawmakers are seeking to strip judges of their power to interpret an abortion rights amendment after voters opted to enshrine those rights in the state’s constitution this week.Republican state house representatives Jennifer Gross, Bill Dean, Melanie Miller and Beth Lear said in a news release on Thursday that they will push to have Ohio’s legislature – not the courts – make any decisions about the amendment passed on Tuesday.“To prevent mischief by pro-abortion courts with [the amendment], Ohio legislators will consider removing jurisdiction from the judiciary over this ambiguous ballot initiative,” said the mix of fairly new and veteran lawmakers who are all vice-chairs of various house committees. “The Ohio legislature alone will consider what, if any, modifications to make to existing laws based on public hearings and input from legal experts on both sides.”The statement also contained unsubstantiated references to “foreign election interference” by billionaires before voters enshrined abortion rights in Ohio’s constitution.It’s the latest development in the struggle over abortion rights between Ohio’s Republican-dominated legislature and the majority of the voters, who passed the amendment by a margin of 57% to 43%.Abortion rights advocates plan to ask the courts to repeal any remaining abortion bans and restrictions on the books in Ohio, including a mandatory 24-hour waiting period before abortion seekers can have the procedure and a ban on abortions after a fetal diagnosis of Down syndrome.The house speaker, Jason Stephens, declined to comment on the release, according to his spokesperson, Aaron Mulvey. However, Stephens was among the dozens of legislative Republicans who have vowed to fight back against the new amendment.“The legislature has multiple paths that we will explore to continue to protect innocent life. This is not the end of the conversation,” Stephens previously said in a news release.If the amendment or any other abortion restrictions were to end up being challenged in the courts, it’s unclear how they would fare. The state supreme court has a conservative majority and has the final say over state constitutional issues.Guardian staff contributed reporting More