As a battleground state, there is a lot on the line in Arizona’s looming elections. President Biden is running for reelection after winning the state in 2020 by fewer than 11,000 votes, and the race for a Senate seat in the state could prove crucial in determining which party controls the body next year. The balance of the statehouse is at stake this election cycle, too, with Republicans holding a one-vote majority in each chamber.
Wednesday Reads: Abortion Politics: Be Enraged!
Posted: April 10, 2024 Filed under: 2024 Elections, 2024 presidential Campaign, A thread for Ranting, abortion rights, Donald Trump, just because | Tags: Abortion politics, Arizona Supreme Court, Dobbs v. Jackson Women's Health Organization, Florida, Roe v. Wade, States Rights 8 CommentsGood Day!!
I’m sure you’ve heard about the latest outrage from the woman-hating Arizona Supreme Court. If this law takes effect, women in the state will not be able to get an abortion unless they are at death’s door. If that means you can’t ever get pregnant again, too fucking bad. If you’re 12 years old and you’ve been raped and impregnated by your stepfather, tough shit. You’re carrying that fetus to term young lady, and you’d better not complain about it. Welcome to the post-Dobbs world. Never forget: Trump did this. For now, Republicans are pretending to have problems with this decision, but if Trump is elected and Republicans control Congress, this will likely be the law of the land.
The New York Times: Arizona Reinstates 160-Year-Old Abortion Ban.
Arizona’s highest court on Tuesday upheld an 1864 law that bans nearly all abortions, a decision that could have far-reaching consequences for women’s health care and election-year politics in a critical battleground state.
“Physicians are now on notice that all abortions, except those necessary to save a woman’s life, are illegal,” the court said in a 4-to-2 decision.
But the court, whose justices are all Republican appointees, also put its ruling on hold for the moment and sent the matter back to a lower court for additional arguments about the law’s constitutionality. Abortion providers said they expected to continue performing abortions through May as their lawyers and Democratic lawmakers searched for new legal arguments and additional tactics to delay the ruling.
The ruling immediately set off a political earthquake. Democrats condemned it as a “stain” on Arizona that would put women’s lives at risk. Several Republicans, sensing political peril, also criticized the ruling and called for the Republican-controlled Legislature to repeal it.
The decision from the Arizona Supreme Court concerned a law that was on the books long before Arizona achieved statehood. It outlaws abortion from the moment of conception, except when necessary to save the life of the mother, and it makes no exceptions for rape or incest. Doctors prosecuted under the law could face fines and prison terms of two to five years.
Planned Parenthood Arizona, the plaintiff, and other abortion-rights supporters argued that the 1864 ban, which had sat dormant for decades, had essentially been overtaken by years of subsequent Arizona laws regulating and limiting abortion — primarily, a 2022 law banning abortion after the 15th week of pregnancy.
But the territorial-era ban was never repealed. And the Arizona Supreme Court said Arizona’s Legislature had not created a right to abortion when it passed the 15-week ban. Because the federal right to abortion in Roe v. Wade had now been overturned, nothing in federal or state law prevented Arizona from enforcing the near-total ban, the court wrote.
“Because the federal constitutional right to abortion that overrode § 13-3603 no longer exists, the statute is now enforceable,” the court’s four-person majority wrote, using the statutory number of the 1864 ban.
Republicans are in trouble.
The Washington Post: ‘Catastrophic,’ ‘a shock’: Arizona’s abortion ruling threatens to upend 2024 races.
A near-total abortion ban slated to go into effect in the coming weeks in Arizona is expected to have a seismic impact on the politics of the battleground state, testing the limits of Republican support for abortion restrictions and putting the issue front and center in November’s election.
Arizona’s conservative Supreme Court on Tuesday revived a near-total ban on abortion, invoking an 1864 law that forbids the procedure except to save a mother’s life and punishes providers with prison time. The decision supersedes Arizona’s previous rule, which permitted abortions up to 15 weeks.
Elisabetta Sirani, Timoclea Killing Her Rapist, 1659
Arizonans are poised to consider the issue in November, now that the groups working to amend the state’s constitution to enshrine abortion rights — which include the ACLU of Arizona and Planned Parenthood Advocates of Arizona — say that they have acquired enough signatures to establish a ballot measure, according to the Arizona Republic. Meanwhile, Republicans in the state are asking Arizona Gov. Katie Hobbs (D) and the Republican-led state legislature to come up with a solution.
The developments in Arizona are part of a wave of state actions to reckon with the future of access to reproductive care after the U.S. Supreme Court, with a conservative majority installed during Donald Trump’s presidency, overturned Roe v. Wade in 2022. While several states enacted abortion restrictions as a result of overturning Roe, protecting access to reproductive care has broadly been a winning issue for Democratic candidates and for ballot measures that protect abortion access in the elections since the 2022 ruling.
Polls show that abortion is a motivating issue for Arizona voters.
All of a sudden, Arizona Republicans are not so sure they like what’s happening, now that they got their wish to overturn Roe v. Wade.
The Guardian: Arizona Republicans denounce revived 1864 abortion ban in sudden reversal.
Hours after Arizona’s supreme court declared on Tuesday that a 160-year-old abortion ban is now enforceable, Republicans in the state took a surprising stance for a party that has historically championed abortion restrictions – they denounced the decision.
“This decision cannot stand,” said Matt Gress, a Republican state representative. “I categorically reject rolling back the clock to a time when slavery was still legal and we could lock up women and doctors because of an abortion.” [….]
“Today’s Arizona supreme court decision reinstating an Arizona territorial-era ban on all abortions from more than 150 years ago is disappointing to say the least,” said TJ Shope, a Republican state senator.
“I oppose today’s ruling,” added Kari Lake, a Republican running to represent Arizona in the US Senate and a Donald Trump loyalist. Lake called on the state legislature to “come up with an immediate commonsense solution that Arizonans can support”.
Lake has made multiple statements in support of the 1864 law, as Ron Filipkowski has been documenting on Twitter. Back to the Guardian article:
Since the US supreme court overturned Roe v Wade, leading the GOP to stumble in the 2022 midterms and abortion rights supporters to win a string of ballot measures, including in purple and red states, Republicans have struggled to find a way to talk about abortion without turning off voters. But their response to the ruling on the 1864 ban may mark their fastest and strongest rebuke of abortion bans since Roe fell.
Scowling woman, by Hope Gangloff
“This is an earthquake that has never been seen in Arizona politics,” said Barrett Marson, a Republican consultant in Arizona, of the decision. “This will shake the ground under every Republican candidate, even those in safe legislative or congressional seats.” [….]
Some of the criticisms of the Tuesday ruling came from politicians who had previously supported the 1864 ban or cheered the end of Roe v Wade. Lake previously called the ban a “great law”, according to PolitiFact. David Schweikert, an Arizona congressman who is facing one of the most competitive House races in the country this November, said on Tuesday that he does not support the ruling and wants the state legislature to “address this issue immediately”, but in 2022 said the fall of Roe “pleased” him.
The speaker of the Arizona state house and the president of the state senate, who are both Republicans, also released a joint statement saying that they would be “listening to our constituents to determine the best course of action for the legislature”. In contrast, on the day Roe fell, the Republican-controlled state senate released a statement declaring that the 1864 ban was in effect immediately. That statement unleashed confusion and chaos among abortion providers in Arizona, prompting them to stop offering the procedure out of an abundance of caution.
Here’s an example of what goes on in the Arizona Senate. This happened the day before the Supreme Court ruling came out.
Arizona Central: Arizona lawmaker leads prayer circle on state seal at Capitol building, sparking backlash.
Arizona Sen. Anthony Kern invited a prayer group to the Senate floor on Monday.
Seen in a video filmed by an anonymous attendee, Kern led the group, who spoke in tongues, through a prayer as they knelt over the state seal.
This public display comes a day before the Arizona Supreme Court upheld an 160-year-old law that bans nearly all abortions on Tuesday.
“Let it be so, Father God,” Kern said. “Lord, right now, we ask thee to release the presence of the lord in the senate chamber.”
The video of the senator and his group was originally shared on TikTok by Tony Cani and reposted on many social media platforms. Jeanne Casteen, the executive director of Secular Arizona, a nonprofit advocacy organization that promotes the separation of church and state in Arizona, called attention to the video on X, formerly known as Twitter.
In her replies, many users were baffled by the senator’s behavior, citing First Amendment violations and false practices of Christianity….
However, Kern doubled down on his actions as he responded to critics in an X post.
“Looks like our prayer team stirred up some god-haters … Not to worry though…prayer over our state at the State Senate is way more powerful,” he wrote.
The Washington Post’s Dan Baltz on the political fallout from the Arizona decision: The Arizona Supreme Court just upended Trump’s gambit on abortion.
It took little more than a day for Donald Trump’s political gambit on abortion to come undone.
On Monday, the former president declined to support any new national law setting limits on abortions. Going against the views of many abortion opponents in his Republican Party, Trump was looking for a way to neutralize or at least muddy a galvanizingissue that has fueled Democratic victories for nearly two years. He hoped to keep it mostly out of the conversation ahead of the November elections.
Auguste Toulmouche’s 1866 painting The Hesitant Fiancée
On Tuesday, the Arizona Supreme Court showed just how difficult it will be to do that. The court resurrected an 1864 law that bans nearly all abortions, except to save the life of the mother. The law also imposes penalties on abortion providers.
Trump had said let the states handle the issue. The Arizona court showed the full implications of that states’ rights strategy.
The Arizona ruling came in a state that will be especially crucial in deciding the outcome of the presidential election, a state that President Biden won by fewer than 11,000 votes and that Trump’s campaign team has eyed as one of the best opportunities for a pickup. It is likely that a referendum to protect abortion rights will be on Arizona’s ballot in November. The court ruling only heightens the significance of the issue for the rest of the campaign year.
But the court ruling reverberated far beyond Arizona’s borders. The Biden-Harris campaign and other Democrats pounced on the ruling in an effort to further their argument that Trump and Republicans are a threat to freedoms.
All abortion politics are national, not local. Abortion developments — new laws, new restrictions, new stories of women caught up in heart-wrenching and sometimes life-threatening decisions — are no longer confined to the geography where they take place. They are instantly part of the larger debate.
Joyce Vance had some choice words about the Arizona situation at Civil Discourse: Welcome to 1864.
When the Supreme Court decided Dobbs, it opened up Pandora’s Box, undoing fifty years of protection for abortion rights under Roe v. Wade. In the wake of that decision, states pulled lots of horribles out of the box and used them to prevent women from making their own choices about reproductive health care. In some cases, those decisions involved their ability to conceive and carry to term in the future and even their lives. Arizona now seems intent on joining them.
This is Dobbs in action, which leaves it up to each state to decide whether women have abortion rights and, if so, to what extent. Your gerrymandered state legislature is now in charge of your healthcare and the lives of people you love….
In a couple of weeks, virtually all abortions will be a felony event in Arizona. Doctors and providers, including people who help others obtain abortions, can be prosecuted and sentenced to two to five years in prison if convicted. There are no exceptions for pregnancies resulting from rape or incest. As we’ve seen in other states, the mere threat of consequences like this is enough to shut down abortion procedures across the state. Welcome back to 1864.
Arizona women can still travel to nearby California, New Mexico, or Colorado, where abortion is accessible, at least for now. But the distances can be long, travel prohibitively expensive for some women, and impractical for those with jobs or with children and/or parents to care for.
Arizona is leaning into the national trend. The Guttmacher Institute tracks abortion laws across the country. As of this week, only two states, Vermont and Oregon, provide what they characterize as the “most protection” for abortion. Fifteen states are in the “most restrictive” category, which includes measures like the complete ban with very limited exceptions in Idaho, North Dakota, South Dakota, Oklahoma, Texas, Missouri, Arkansas, Louisiana, Indiana, Kentucky, Tennessee, Mississippi, Alabama, West Virginia, and South Carolina. We can add Arizona to that list after today’s decision. Guttmacher categorizes six additional states as “very restrictive,” (this is where Arizona used to be) and another seven states as “restrictive”. The map is stark and getting worse.
Read the rest at Civil Discourse.
Three more pieces on Trump and his waffling on abortion politics.
Jessica Valenti at Abortion, Every Day:
If you missed Donald Trump’s abortion ‘announcement’ yesterday, the short version is that he’s trying to wash his hands of the issue by saying abortion should be up to the states. He knows abortion is a loser for the GOP—and if there’s anything Trump hates, it’s losing.
CNN notes that the disgraced former president has been waffling behind the scenes for months, and The Washington Post reports that anti-abortion advisors like Kellyanne Conway and Sen. Lindsey Graham tried to talk Trump out of yesterday’s announcement.
Blue Monday, by Annie Lee
They not only told him that his stance meant he’d be supporting the states that allow ‘abortions up until birth’, but that he’d also be implicitly supporting the states whose bans he thinks are too restrictive—like Florida’s and Arizona’s.
Indeed, a Biden campaign spokesperson didn’t waste any time before tweeting that Trump was “endorsing every single abortion ban in the states, including abortion bans with no exceptions…and he’s bragging about his role in creating this hellscape.”
The response from anti-abortion groups and other Republicans has been mixed. While groups like Susan B. Anthony Pro-Life America made clear that they’re focused on defeating President Joe Biden, they also took a couple of hits at Trump. SBA president Marjorie Dannenfelser, for example, said the group is “deeply disappointed.” Sen. Lindsey Graham also spoke up, saying he “respectfully” disagrees and that he’s going to push ahead with federal legislation. (Because Trump takes criticism so well, he lashed out at the pair in a series of posts on Truth Social.)
Former vice president Mike Pence, who has said he’s not endorsing Trump, called Trump’s stance a “slap in the face to millions of pro-life Americans.”
Others, however, aren’t so worried. Tony Perkins, president of the Family Research Council, for example, told The Washington Post that he was confident that Trump would still sign a federal ban: “I take the president’s statement with a comma, not a period.”
David R. Lurie at Public Notice: Trump’s deeply misogynist lie about moms killing babies.
On Monday, Donald Trump released a video announcing his much heralded abortion “policy.” The statement was typically garbled, deliberately vague, and chock full of absurd assertions.
For example, Trump bizarrely asserted that that “both sides wanted and, in fact, demanded” that Roe v. Wade be “ended.” His suggestion is that the entire nation was clamoring for the end of reproductive rights that he engineered with his Supreme Court nominations, when in fact national polling shows that a solid majority supports legal abortion. (If you can stomach it, you can watch Trump’s entire video statement below.)
As has long been typical, many in the press misreported the gist of the statement. A New York Times headline declared that Trump had said “Abortion Restrictions Should Be Left to the States.” This is incorrect, and gives Trump undeserved credit for his typical, and deliberate, ambiguity.
Trump did not say he would refuse to sign a federal abortion ban into law, and his record is to the contrary. He supported a federal 20-week ban when he was in the White House and said was “disappoint[ed]” when it was filibustered in the Senate.
But the headlines not only misstated what Trump said, they also omitted the most repugnant and revealing portion of his presentation — his repulsive lie that women have been “execut[ing]” their own children “after birth,” with the assistance of doctors.
Trump said:
“It must be remembered that the Democrats are the radical ones on this position because they support abortion up to and even beyond the ninth month. The concept of having an abortion in the later months and even execution after birth. And that’s exactly what it is. The baby is born, the baby is executed after birth is unacceptable. And almost everyone agrees with that.”
The claim is a grotesque derivation of the “partial birth” abortion smear GOP politicians have employed for years as a cover for their agenda to wholly, or near wholly, ban abortion care, which they have succeeded in doing in large swaths of the nation since SCOTUS ended federal abortion rights in June 2022.
Trump’s version of this familiar lie is not only over the top, but it reveals his deep affinity with the Christian right. It’s an affinity rooted not in a shared faith with right-wing Christians, but rather in a deeply shared fear of women’s empowerment, with the policy goal of taking it away.

Angry Woman, by Van Winslow
Kimberly Leonard and Arik Sarkissian at Politico: Trump’s abortion stance could put Florida Republicans in a bind.
MIAMI — There’s no state that will need to navigate Donald Trump’s abortion stance quite like Florida, which has authorized one of the strictest abortion bans in the country but also could broadly enshrine abortion rights protections in the state constitution through a ballot measure in November.
The Republican Party of Florida and key conservative lawmakers, including Gov. Ron DeSantis, consider Florida’s ballot initiative “extreme” and want voters to oppose it. But they’re not calling on Trump to pick up a megaphone over the cause. They generally support his stance to leave one of the most politically treacherous issues for Republicans up to states to decide — even as abortion rights supporters in Arizona, a key battleground state, also are trying to put a similar initiative on the ballot.
“I’ve always believed this is a states’ issue,” said Evan Power, the Republican Party of Florida chair. “That is why we will fight to oppose the Florida constitutional amendment because the people’s representatives here in Florida have adopted a Florida constitutionally-sound approach.”
State Sen. Joe Gruters, a longtime Trump ally and an RNC national committee member, agreed with Power’s assessment about state decision-making and called the former president’s statement “perfect.” Asked whether he wanted Trump’s help on getting the word out about the referendum, Gruters replied that DeSantis — someone he has clashed with in the past — could keep championing the issue.
Rep. Anna Paulina Luna, a Florida Republican who has drawn several Democratic challengers, also said this is a “states rights issue.”
“He’s doing exactly what he’s supposed to be doing,” she said of Trump.
Florida Republicans have good reason to tread lightly around Trump. The former president attacked one of his close allies, Sen. Lindsey Graham, after the South Carolina Republican broke with the president over abortion. One of the nation’s most influential anti-abortion groups, Susan B. Anthony Pro-Life America, also stated it was “deeply disappointed” by Trump’s decision. Marjorie Dannenfelser, the group’s president, later reiterated the organization’s support of Trump.
Read the rest at Politico.
That’s all I have for you today, because women’s reproductive freedom is all I can think about right now. I’m hoping other angry women and men around the country will react by voting for Democrats in November.
Lazy Caturday Reads: Republicans Escalate War on Women
Posted: February 24, 2024 Filed under: abortion rights, cat art, caturday, just because, War on Women | Tags: Alabama, fetal personhood, In vitro fertilization 14 CommentsHappy Caturday!!

Mireille Rolland, Lady with Ginger Cats
As everyone knows by now, the Alabama Supreme Court handed down an insane ruling–supposedly based on the Bible–that frozen embryos are children. From The New Republic: Alabama Supreme Court Cites the Bible in Terrifying Embryo Ruling.
A new ruling out of Alabama may spell the beginning of the end of the third-party fertility industry—and its reasoning partially relies on a verse from the Bible.
On Friday, the Alabama Supreme Court decided that embryos created through in-vitro fertilization would be protected under the Wrongful Death of a Minor Act, effectively classifying single-celled, fertilized eggs as children.
The case, known as LePage v. Mobile Infirmary Clinic, Inc, rested upon an argument by several intended parents that their “embryonic children” had been victims of a wrongful death when an intruder broke into the IVF clinic, dropping trays containing some of the embryos and ultimately destroying them.
In a 7–2 decision, Alabama’s highest court ruled that the clinic had been negligent, allowing the parents to proceed with a wrongful death lawsuit. The court also ruled that it is “the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life,” referring to the Alabama Constitution’s Sanctity of Life Amendment, ratified in 2018.
“Here, the text of the Wrongful Death of a Minor Act is sweeping and unqualified,” wrote Alabama Supreme Court Associate Justice Jay Mitchell in the majority’s opinion. “It applies to all children, born and unborn, without limitation. It is not the role of this Court to craft a new limitation based on our own view of what is or is not wise public policy. That is especially true where, as here, the People of this State have adopted a Constitutional amendment directly aimed at stopping courts from excluding ‘unborn life’ from legal protection.”
But the opinion also quotes the Bible as reasoning for functionally killing IVF access within the aggressively pro-life state, turning to an eyebrow-raising verse from Jeremiah 1:5 for guidance before deciding to make it harder for Alabamans to have a family.
“We believe that each human being, from the moment of conception, is made in the image of God, created by Him to reflect His likeness. It is as if the People of Alabama took what was spoken of the prophet Jeremiah and applied it to every unborn person in this state: ‘Before I formed you in the womb I knew you, Before you were born I sanctified you.’ Jeremiah 1:5 (NKJV 1982),” the opinion read.
This decision ultimately stems from the Supreme Court’s Dobbs decision (which also originated in Alabama) that overturned Roe v. Wade. Will birth control be next? Or will it be same sex marriage?
Chris Geidner at Law Dork: This week, we faced all that the Dobbs justices unleashed.
The five justices of the U.S. Supreme Court who overturned Roe v. Wade 20 months ago Saturday gave a green light to a new brand of Republican extremism in hyperdrive — a hyperdrive that has been on full, frightening display this week.
Still Life, Quick Heart, by Ruskin Spear
Many of the most extreme legal developments since late 2020 have been advanced by far-right Christian legal advocates or authoritarian Trump backers. In turn, the Supreme Court’s June 2022 ruling in Dobbs v. Jackson Women’s Health Organization and other rulings since then have empowered those advocates to go further.
Three of the biggest stories in the news this week are, more or less directly, the result of Justice Sam Alito’s Dobbs opinion for the court — joined as it was by Justice Clarence Thomas and Donald Trump’s three appointees, Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Mix in Gorsuch’s 2023 opinion for those five justices and Chief Justice John Roberts in the wedding website (that wasn’t) case that created a First Amendment exemption to public accommodations nondiscrimination laws, and we arrive at 2024.
The Alabama Supreme Court’s attack on in vitro fertilization (IVF), a pair of attacks on marriage equality, and the attack on Nex Benedict in Oklahoma and their death the next day all emerge from the ideology of, devices employed by, and cases decided by this Supreme Court majority.
We ignore their connections and danger at the peril of all who do not want this to become our national reality.
Analysis of the Alabama Supreme Court’s ruling:
On Feb. 16, the Alabama Supreme Court allowed wrongful-death lawsuits to proceed against a lab that allegedly negligently allowed the destruction of frozen embryos created for IVF purposes. In order to permit those lawsuits, the court first had to conclude that frozen embryos in a lab are children. The nine-member all-Republican court, with little difficult and only two dissenting justices, did so.
Much has been written about the first-of-its-kind decision, which has already led the state’s largest hospital to pause IVF treatments in the wake of the ruling. Significant attention has been given to Chief Justice Thomas Parker’s outright-theocracy concurring opinion, which it certainly deserves.
I’d like to focus instead on the majority opinion from Justice Jay Mitchell, which is extreme in its own ways — and highlights the dangerous faux-jurisprudence that the U.S. Supreme Court has encouraged.
In order to reach its ruling, the court needed to ignore its own past precedents that congruence between the state’s criminal-homicide statute and wrongful-death statute was needed. This is important because the state’s Wrongful Death of a Minor Act was passed in 1872. The court had justified expanding that civil law to fetuses in utero based on an expansion of the criminal law to include fetuses in utero and the claimed need for congruence between the two laws. Now that the court wanted to go further than the criminal law, it just ignored those rulings — overruling them without saying so, as Justice Greg Cook stated in his dissenting opinion.
Or, as Justice Will Sellers wrote more bluntly, “To equate an embryo stored in a specialized freezer with a fetus inside of a mother is engaging in an exercise of result-oriented, intellectual sophistry, which I am unwilling to entertain.”
The court also went far afield of what was necessary for its ruling. After claiming that “[t]here is simply no … ambiguity” about the word “child” in the Wrongful Death of a Minor Act, the court then got into what ordinarily would then not have been a part of the opinion at all: An extended discussion of the “Sanctity of Unborn Life’ provision of the Alabama Constitution [quoted in previous article].
Arwah Madawi at The Guardian: Anti-abortion extremists in the US are waging a holy war against women.
The holy war on IVF
Friends, Romans, frozen extrauterine children, lend me your ears. Except for the extrauterine children, that is – they obviously don’t have ears. Nor do they have fully formed brains, nervous systems or organs. Nevertheless, according to Alabama’s supreme court – in a decision which has which paved the way for two wrongful death suits to proceed against a fertility clinic – frozen embryos are “children” and should be treated as such.
Théophile-Alexandre Steinlen, Apatheosis of Cats
So what does this mean? Well, in the immediate term it means that if you’re going through fertility treatments in Alabama your life just got upended. Numerous embryos tend to be created and then frozen during the IVF process because it maximizes the chances of success, is more cost-effective and reduces the health risks of the procedure. Surplus embryos are then disposed of or donated. If every frozen embryo is suddenly deemed a child, it means that disposing of the embryo – or having a machine malfunction and accidentally ruin an embryo – would be a criminal act. It even throws into question the standard practice of freezing embryos. After all, you wouldn’t stick a child in a freezer, would you?
In short, a handful of Republican judges in Alabama have effectively made IVF too legally dangerous to practice in the state. Already at least three fertility providers in Alabama have said that they are pausing IVF because of the risks. This is unbelievably cruel to people currently going through fertility treatments that, even in the best of times, can take a major emotional, physical and financial toll.
While the Alabama decision is unprecedented and shocking, it’s far from surprising. It has been clear for a while now that IVF could be at real risk because of anti-abortion extremists. Several “personhood” bills, which define life as beginning at the moment of fertilization have been introduced across the US, resulting in a mess of thorny legal questions about what it means to treat fertilized eggs, embryos and fetuses as people. For example: can you claim a fetus as a dependent on your tax return? In Georgia, which has a fetal personhood law, you can! Pregnant people can also drive in the high-occupancy lane, which requires two or more passengers, to be in the car. The Alabama ruling is a major victory for the growing fetal personhood movement: expect IVF to come under scrutiny in many more states.
Why is this happening, if Republicans want people to have more children?
There are a lot of answers to this question. The politest one is that many of the people arguing that embryos are people have zero understanding of reproductive medicine. Certainly the Alabama supreme court justices seem more concerned with theology than biology. Their ruling seems to have been heavily influenced by the Bible and repeatedly references God and biblical scholars. Chief Justice Thomas Parker, for example, wrote: “Human life cannot be wrongfully destroyed without incurring the wrath of a holy God … even before birth, all human beings bear the image of God, and their lives cannot be destroyed without effacing his glory.” (If this is true, by the way, then God must have incurred a lot of wrath towards Alabama: the state has one of the highest execution rates in the US and recently made headlines for executing a prisoner with nitrogen gas, an untested method that the UN has condemned as cruel.)
Amanda Marcotte at Salon: Alabama’s targeting of IVF is the Christian right’s attempt to control motherhood.
Former Gov. Nikki Haley, R-S.C., gets a lot of glowing coverage simply because she occasionally criticizes Donald Trump in her fruitless presidential primary run against him. So it was rattling for many when, on Wednesday, Haley reminded everyone she’s ensconced in the fringe worldview of the Christian right. When asked about a recent Alabama Supreme Court ruling that is expected to destroy in vitro fertilization (IVF) in the state and threatens access across the country, Haley told CNN she agreed with the decision, claiming to believe frozen embryos are “babies.”
By Skadi Engeln
The Republican-controlled court in Alabama ruled on Friday that lab-created human embryos are “children.” Setting aside the odd details of this specific case, the ruling treats the loss of embryos, typically part of the IVF process, as the equivalent of child murder. The University of Alabama at Birmingham’s Division of Reproductive Endocrinology and Infertility has already canceled all IVF treatment out of fear that “our patients and our physicians could be prosecuted criminally or face punitive damages.”
Haley, for her part, seems surprised by the blowback and has been scrambling with nonsensical claims that she was only talking about “parental rights” when she initially supported the extreme ruling, ignoring the fact that parents have no right to kill babies in any of the 50 states.
A lot of people are understandably shocked to learn that the anti-abortion movement also hates IVF. After all, the movement claims to be all about motherhood. One would think the people who are always yammering on about how a woman’s greatest purpose is giving birth would celebrate those who endure IVF, which is both painful and expensive, just so they can have a baby. But no, the Christian right wants to end IVF for two reasons: First, because of the bottomless misogyny and homophobia that fuels the movement. Second, because the end goal for the Christian right is to turn the U.S. into a theocracy, and banning IVF helps them get there.
It’s important to understand that what the Christian right really wants is not motherhood, per se, but a social order where women are second class citizens. They take a dim view of not just abortion and contraception, but all reproductive technologies that make it easier for women to exercise autonomy over their lives. There’s a widespread perception that IVF is primarily used by lesbians, single women, and women who waited until their 30s to get married. (In reality, there are many reasons, including male infertility.) Conservatives view IVF as a cheat code for feminists who want to have children on their own terms. They would prefer a system where the only path to motherhood is being trapped with a Trump-voting husband who controls your checking account so you can’t leave.
Read the rest at Salon.
Now that Republicans realize how unpopular this decision is, they are running away from it as fast as they can, claiming they support IVF and always have.
Politico: Alabama said frozen embryos are kids. The GOP isn’t sure what to do about it.
Republicans have spent five decades coalescing around the idea that life begins at conception.
They’ve spent the last week scrambling to figure out whether they really believe that includes frozen embryos.
Théophile-Alexandre Steinlen, A Cat and Her Kitten
Republican divisions over how to respond to the Alabama Supreme Court’s ruling granting personhood rights to embryos is a striking change after a generation where the party moved solidly to the right on abortion and all but rooted out any opposition to its anti-abortion platform.
IVF — and specifically how to handle unused, frozen embryos — was rarely, if ever, discussed outside of the rightmost fringes of anti-abortion and religious circles.
As Republicans rush to understand what the procedure entails and the ripple effects from the Alabama ruling, conservative leaders warn that a failure to quickly reach a consensus will open up candidates to more attacks from Democrats, who are eager to recycle playbooks from recent electoral successes and paint Republicans as extreme and out of touch with most Americans.
“My best advice for Republicans, if they don’t want to deal with Democrats doing unfair attacks, is to come up with a reasonable policy,” said Terry Schilling, president of the American Principles Project, a right-leaning think tank. “They should come up with what they actually believe and support and stand for, and it should be popular and in line with where the American people want to go.”
If they actually did that, they would be Democrats or Independents.
The National Republican Senatorial Committee on Friday released talking points instructing Republicans to voice support for the procedure, a process millions of people who might oppose abortion support and that some, like former Vice President Mike Pence, have used. But they’ve eschewed the thornier details amid private disagreements among those in the anti-abortion movement about whether viable but unimplanted embryos count as life — and, by extension, whether destroying them is tantamount to abortion.
“I’m hearing disagreement among various groups. There’s an attempt to come to a resolution on an agreeable policy for everyone, and in my experience, that’ll never happen,” said a longtime GOP strategist who works with anti-abortion groups, who was granted anonymity because he did not have authorization to speak publicly. “I’ve heard firsthand or secondhand from a number of different House and Senate members, and everybody’s like, ‘What should we be saying right now?’”
Even Trump is saying he loves IVF and wants Alabama to make it possible–even though he probably has no idea what IVF entails. But don’t believe what Republicans are saying. Check this out:
Business Insider: 125 House Republicans — including Speaker Mike Johnson — back a ‘life at conception’ bill without any IVF exception.
Most House Republicans have cosponsored a bill declaring that life begins from the moment of conception, a position under increased scrutiny after the Alabama Supreme Court ruled that frozen embryos are “unborn children.”
This Congress, 125 House Republicans — including Speaker Mike Johnson — have cosponsored the “Life at Conception Act,” which states that the term “human being” includes “all stages of life, including the moment of fertilization, cloning, or other moment at which an individual member of the human species comes into being.”
The bill does not include any exception for in vitro fertilization (IVF), a reproductive treatment that allows mothers to fertilize several eggs outside the womb in order to increase the chances of a viable pregnancy.
Several healthcare providers in Alabama have already halted IVF programs in the wake of the ruling, given that IVF treatments may include the discarding of fertilized eggs, which may now violate the state’s Wrongful Death of a Minor Act….
[Mike] Johnson, one of the cosponsors of the bill, largely controls the House floor. His evangelical Christian views have entailed staunch opposition to abortion in the past.
“When a woman is pregnant, science tells us the new life she carries is a completely separate and fully new human being from the moment of fertilization,” Johnson said during a 2021 hearing on Texas’s 6-week abortion ban.
But in a statement on Friday night after the initial publication of this article, Johnson stated that he supports IVF treatment and applauded Alabama lawmakers for moving to protect the treatment in the wake of the ruling.
“I believe the life of every single child has inestimable dignity and value,” said Johnson. “That is why I support IVF treatment, which has been a blessing for many moms and dads who have struggled with fertility.”
Sure, Mike.
Meanwhile, Alabama is struggling to deal with the crisis caused by their Supreme Court.
CNN: Alabama attorney general’s office says it has ‘no intention’ to prosecute IVF families, providers.
A bipartisan effort is underway in the Alabama House and Senate to draft “clarifying” legislation that would “protect” in vitro fertilization treatments following the court’s ruling, state legislative sources told CNN.
Alabama House Democrats introduced a bill Thursday that would establish fertilized human eggs stored outside a uterus are not considered human beings under state law.
Republican state senators are soon expected to file similar legislation, one source said, but they were unsure of the exact timing.
The lawmakers’ efforts come as medical experts and critics fear the court’s first-of-its-kind decision – which can put those who discard unwanted embryos at risk of being held liable for wrongful death – could have a profound effect on fertility treatment operations in the state and devastating ramifications for people hoping to build their families through IVF….
Alabama Attorney General Steve Marshall weighed in on the issue on Friday. Marshall said he “has no intention of using the recent Alabama Supreme Court decision as a basis for prosecuting IVF families or providers,” in a statement from Chief Counsel Katherine Robertson.
Marshall’s statement comes a week after the state Supreme Court ruling embryos – whether they’re within or out of a uterus – are children and would be protected under Alabama’s Wrongful Death of a Minor Act, which allows parents to sue for punitive damages when their child dies.

Cat and Flowers, by Ruskin Spear
Finally, from The Guardian: ‘Outrageous and unacceptable’: Biden and Harris decry Alabama court ruling on IVF.
The decision of the Alabama supreme court on in vitro fertilization, granting legal protections to frozen fertilized eggs, drew fire from President Joe Biden and other Democratic leaders on Thursday, laying responsibility for the decision on the US supreme court’s ruling overturning Roe v Wade in 2022.
“A court in Alabama put access to some fertility treatments at risk for families who are desperately trying to get pregnant,” Biden said in prepared remarks on Thursday. “The disregard for women’s ability to make these decisions for themselves and their families is outrageous and unacceptable.” [….]
Biden said he and the vice-president, Kamala Harris, are “fighting for the freedom of women, for families and for doctors who care for these women”, pledging to restore protections previously afforded under Roe v Wade.
Harris has been on a multistate Fight for Reproductive Freedoms tour since December. She took it to Grand Rapids, Michigan, today, 12 days before the state’s presidential primary. Michigan added protections for abortion to its state constitution with a ballot measure last year.
Harris met with the Michigan governor, Gretchen Whitmer, and Senator Debbie Stabenow to discuss abortion rights.
Harris described the ruling as an attack on people trying to start families. “On the one hand, proponents are saying an individual doesn’t have a right to end an unwanted pregnancy, and on the other hand, the individual does not have a right to start a family,” she said. “And the hypocrisy abounds on this issue when you also consider that in the top 10 states with maternal mortality, there are abortion bans.”
I really think Republicans could lose in 2024 over these issues. What do you think?
Wednesday Reads
Posted: January 10, 2024 Filed under: abortion rights, Donald Trump, just because | Tags: abortion, Defense Secretary Lloyd Austin, E. Jean Carroll, Glenn Kirschner, House Judiciary Committee, House Oversight Committee, Hunter Biden, John Sauer, Judge Florence Y. Pan, Judge Lewis Kaplan, Margery Taylor Greene, Nancy Mace, post-Dobbs cruelty to pregnant women, Rep Jim Jordan, Rep. James Comer, Special Counsel James I. Pearce, Trump's presidential immunity appeal 9 CommentsGood Day!!

Peder Mørk Mønsted, Sunny winter landscape with a road, 1907
I was just about to get going on my post when I glanced at the TV screen (sound muted) and noticed a wild scene in the House Oversight Committee hearing. The Republicans scheduled the meeting today to hold Hunter Biden in contempt for ignoring their subpoena to appear for a secret deposition.
You’ll recall that Rep. James Comer originally said that Hunter could testify either in a public hearing or behind closed doors with committee staff. Hunter offered to testify publicly under oath but Comer freaked out and said it would have to be in a closed deposition. Obviously, they have no evidence of wrongdoing and Comer wanted to be able to lie about what happened in a closed hearing.
Anyway, Hunter showed up at the hearing today with two of his attorneys and sat in the audience. The media was all a-flutter.
Republicans were outraged. Nancy Mace yelled at Hunter and accused him of not having the “balls” to respond to the subpoena. After a long, idiotic rant by Mace, it was Margery Taylor Greene’s turn. Unfortunately for her, Hunter and his attorneys left the meeting as she began to speak, and all of the press followed them out the door, leaving Greene with no one to record whatever stupid things she planned to say.
Here’s the report from NBC News: Hunter Biden makes surprise appearance at House committee hearing to hold him in contempt.
The son of the president arrived on Capitol Hill on Wednesday morning to attend in person congressional committee meetings called to hold him in contempt of Congress — setting up an unprecedented standoff on live television between Hunter Biden and House Republicans who have long sought his testimony as part of their impeachment inquiry into his father.
Hunter Biden was accompanied by his attorneys Abbe Lowell and Kevin Morris. He did not initially respond to questions.
House Republicans on the Oversight and Judiciary Committees are holding separate committee votes on Wednesday recommending that Hunter Biden be charged with contempt of Congress.
Hunter Biden is at odds with Republicans over their demand that he testify behind closed doors. The president’s son, who is facing two separate criminal indictments, has agreed to testify publicly, an offer Republicans have refused, continuing to insist that the testimony be given behind closed doors.
During the Oversight Committee’s markup Wednesday morning, Rep. Nancy Mace, R-S.C., called for Hunter Biden’s arrest on the spot for defying the congressional subpoena.
“Hunter Biden you are too afraid for a deposition, and I still think you are today,” she said.
“Play stupid games, win stupid prizes,” she added.
Outside the chamber, Lowell said committee Republicans were motived by “improper partisan motives.” He said he and his client had offered to work with Republicans on the committees on a half dozen occasions since February of last year to see “how relevant information to any legitimate inquiry could be provided,” but their first five offers were ignored. He called the subsequent GOP subpoena for a closed-door deposition “a tactic that the Republicans have repeatedly misused in their political crusade to selectively leak and mischaracterize what witnesses have said.”
Asked by NBC News shortly after leaving the Oversight hearing whether he would testify today if asked, Hunter Biden replied “yes.” He and his team left the building afterwards.
This is interesting. It appears that Chairman Comer has a hypocrisy issue as he accuses Joe and Hunter Biden of “corruption.” Roger Sollenberger at The Daily Beast: Oversight Chairman James Comer’s ‘Legitimate’ Shell Company Was Shut Down—Twice.
As Rep. James Comer (R-KY) plows ahead with his sensationalized impeachment inquiry premised on Hunter Biden’s business dealings, the Oversight Chairman has alleged that Biden’s opaque financial operations merit investigation, and that people who own corporations have a “responsibility” to maintain proper “books and records.”
But a review of dozens of tax, real estate, and business filings in Kentucky and Tennessee indicate that Comer’s own personal “books and records” are opaque at best—and improper at worst.
Jef Bourgeau (American, b.1950), The Gloaming, 2024
Those records include the dealings of Comer’s shell company, Farm Team Properties LLC, which the state of Kentucky has dissolved twice for failure to file annual reports—first in 2020, then again in 2022.
Kentucky law states that an administratively dissolved business “continues its existence but shall not carry on any business except that necessary to wind up and liquidate its business and affairs.” An official with the Kentucky Department of Revenue told The Daily Beast that a company in administrative dissolution may not legally conduct business in the state—such as executing deals and leases, securing loans, or collecting rent as an LLC.
But in response to questions about the shell company last month, Comer told Fox Business that Farm Team Properties not only holds properties, it also “manages” them, “leases hunting on my 1,600 acres of farmland,” and generates “lots of revenue, legitimate revenue.” (The previous month, he denied having an LLC during a committee hearing.)
While Comer and his wife rectified the first dissolution within a few weeks, they allowed the October 2022 dissolution to languish for more than a year, only reinstating the entity last month, after The Daily Beast first reported on the company and flagged the dissolution on social media. It’s not clear from Comer’s filings whether Farm Team Properties ceased business activity for those 14 months.
The “books and records” questions also run to Comer’s real estate holdings, which directly contradict his recent public statements about his LLC. For one, Comer reports rental income from all of his farmland holdings, but it’s not clear whether that income derives from Farm Team’s alleged hunting leases. If so, experts told The Daily Beast, his records should reflect that, and they do not.
The opacity of Comer’s disclosures—along with his contradictory defenses of the shell company—mean the public still doesn’t have a clear picture of his finances. And Comer’s broadsides targeting Hunter Biden’s cloudy corporate entities would seem to invite parallel scrutiny into the similar haze that has settled over his own business dealings….
On personal financial disclosures starting from 2017—the year Comer’s wife created Farm Team Properties—and continuing through his most recent statement covering 2022, Comer has listed the income from the company as “none.” But after recent reports from The Daily Beast and the Associated Press raised questions about the shell company, Comer has called into question whether he’s really making no money from the entity.
House ethics rules state that members who “own an interest in a partnership or limited liability company established for the purpose of holding real estate,” must describe “each individual property held by the company.” Members also “must disclose each asset held by the company in which your interest (or that of your spouse or dependent child) had a period-end value of more than $1,000” or had recorded “more than $200 in income during the reporting period.”
Brendan Fischer, an ethics expert and deputy director of watchdog Documented, told The Daily Beast that it seems as if Comer should disclose more information.
“For a company created to hold investment properties—which sounds like Farm Team Properties, LLC—a Congressperson not only must disclose the company, they must also provide details about the properties it owns, and the amount of any income (such as rental income) from those properties,” Fischer said, noting that the rules apply “regardless of whether the entity is taxed as a partnership or corporation.”
Comer’s disclosures list his FTP ownership as a business interest, not as investment or real estate, despite the fact that it owns properties and is engaged in “real estate speculation.” This was true in 2017, when Farm Team Properties was created to hold property and obscure Comer’s co-ownership with a campaign donor, the Associated Press reported last month.
Sollenberger notes that Comer is a millionaire, because his father handed over two valuable properties for $10 apiece. Read much more about Comer’s shady dealings at The Daily Beast link.
The House Judiciary Committee, chaired by Jim Jordan (who refused to honor a subpoena from the House January 6 Committee) is also meeting today in order to decide whether to hold Hunter Biden in contempt.

Winter Trees, by Egon Schiele
CNN on the Judiciary Committee hearing:
In a different committee room, Jordan gaveled in the Judiciary panel’s meeting.
“Rather than come before us and answering questions about these and other concurring instances of the Biden family trading cash for influence, Hunter Biden held a press conference a few hundred yards from here, a press conference where he said I’m happy to answer questions in public but when he finished his statement he abruptly left, taking no questions from the press,” Jordan said.
“We have no choice but to hold Mr. Biden in contempt,” he added.
The pair of markups on Wednesday kick off a lengthy process and underscore that the Republican effort to obtain testimony from the president’s son will remain difficult. If the contempt resolution passes out of committee, it is referred to the full House for a contempt vote.
If an eventual House floor vote succeeds, the Department of Justice, which is already pursuing two criminal cases against the president’s son, would have to determine whether to prosecute the president’s son for evading a congressional subpoena.
Yesterday, Trump showed up in person for the hearing on his appeal of Judge Tanya Chutkan’s denial of his claim of “absolute presidential immunity” from criminal prosecution. The hearing didn’t go well for him. Joyce Vance wrote about it at Civil Discourse: Trump’s Bad Day in Court. The first of many to come.
Following Tuesday morning’s oral argument in the District of Columbia, Donald Trump made some predictable comments to the press from a Washington, D.C., hotel. As he finished, a reporter shouted out a request that he use the moment to tell his followers, “No violence.” The former president walked out of the room without responding.
The Judges came prepared for oral argument on Trump’s immunity motion. Let’s start with the key figures in the argument:
Judges: Bush appointee Karen LeCraft Henderson. Biden appointees Florence Y. Pan and J. Michelle Childs.
Lawyer for Trump: Former Missouri Solicitor General John Sauer.
Lawyer for the Special Counsel: James I. Pearce, a career federal prosecutor who has worked in both DOJ’s public integrity section, which Jack Smith previously led, and in the Criminal Division’s appellate section.
The top line from the argument: a broad consensus among observers that the panel didn’t buy Trump’s immunity argument. None of the Judges seemed to believe Trump should be immune from prosecution. But each Judge came at it from a different vantage point. While they may end up agreeing on a single rationale for their decision, it’s also possible we could have an opinion with concurrences by one or more of the Judges, using different reasoning.
Mr. Sauer argued first because Trump is the petitioner—he lost in the trial court and is asking the Court of Appeals to reverse Judge Chutkan’s decision. Mr. Pearce, who argued second, began by telling the court that no other president in history claimed his immunity from prosecution extended beyond his time in office. A president’s role is unique, Pearce said, “but not above the law.”
The most telling points in the oral argument centered on hypotheticals offered by Judge Pan. Judges frequently use hypotheticals to help them understand what a ruling would mean both for the case at hand and in future cases. Judge Pan posed three to Sauer, asking whether, under his view of immunity, a president could:
- order Seal Team 6 to execute a political rival, and get away with it
- accept a payment for issuing a pardon, and get away with it
- sell nuclear secrets to a foreign power, and get away with it
Landscape with Snow, Vincent Van Gogh
Sauer argued that presidents can only be prosecuted if they are first impeached and convicted by the Senate. He, of course, has to argue this because otherwise, his client Donald Trump is in trouble.
It’s an unappetizing position. Sauer ran into still more trouble as the hypothetical was played out with both lawyers in turn, exploring the ways a president could avoid being impeached and convicted. They ranged from a president who resigns to avoid conviction, succeeds in concealing criminal conduct until he leaves office so he is never impeached, or even one who orders the deaths of his opponents in the Senate to prevent conviction. Under Trump’s theory of immunity, no prosecution would be available in these cases.
You don’t have to be a high-end appellate lawyer to understand that this argument is a stone-cold loser. At least in a democracy.
Read the rest of Vance’s analysis at the link above.
HuffPost recaps an interview from last night’s Lawrence O’Donnell show on MSNBC: Ex-Prosecutor Surprised By ‘Jarring’ Aspect To Trump Court Appearance.
Former U.S. Army prosecutor Glenn Kirschner on Tuesday said Donald Trump’s demeanor as he appeared before the D.C. Circuit Court of Appeals — while his attorneys argued his “absolute immunity” for acts he committed during his presidency ― was “kind of jarring.”
The former president and Republican 2024 front-runner behaved “entirely like a defendant, not like a politician,” Kirschner told MSNBC’s Lawrence O’Donnell.
It was in stark contrast to Trump’s usual bluster.
“I think I know what retail politics means,” said Kirschner. “He didn’t look anybody in the eye, he didn’t take an interest in anyone around, he kept his head down. He sort of lumbered forward to counsel table and plopped down.”
Trump “seemed like a defeated defendant who was kind of resigned to his fate,” he added.Kirschner later described the argument being put forward by Trump’s legal team as “harebrained.”
Former President Donald Trump’s attorney John Sauer failed catastrophically in selling an absolute immunity argument the appellate judges considering whether special counsel Jack Smith’s election conspiracy prosecution can move forward, argued former federal prosecutor Harry Litman on MSNBC Tuesday.
In particular, he said, it was over as soon as Sauer seemed to concede their position would imply Trump can assassinate his opponents with no recourse.
Edvard Munch, Winter Landscape
“He basically threatened some sort of unrest or bedlam if things didn’t go his way,” said anchor Chris Hayes. “He didn’t take any questions … and the headline comes from a hypothetical that appears in Jack Smith’s own briefs, which is to say the argument that Trump and his lawyers are making proves too much, obviously goes too far. It cannot be the case. Under the Constitution and under the rule of law, in a democracy and such as ours, it would allow it to be possible to order Seal Team Six to assassinate a political rival and not face accountability but for some impeachment and conviction.”
“Cannot be, that is the headline, all three judges will reject that proposition,” agreed Litman. “Basically after Judge Pan asked that hypo about Seal Team Six, Sauer … was a dead man walking. He will lose. He should lose. Legally, historically, logically, et cetera. So in that sense there is the satisfaction that this vampire will have a stake in its heart.”
“But below the headline, Chris, there’s more drama, I would say, because this is one of the cases in which the three judges were kind of probing different theories, and one at one stage Judge Henderson said maybe we need to remand, to Judge Chutkan, this. They were probing different ideas, none of which was in lockstep with what Chutkan said. There are two reasons it matters. Depending on how they decide, even if they were unanimous, and you could see it concurring with Judge Henderson, if they were unanimous it could affect the prospects for a remand, and remand might entail a subsequent round of appeals under the remanded standard by Trump and a little bit more delay. And also could affect whether the Supreme Court takes review. So that lower level, there was some drama.”
George Conway wrote a long piece about yesterday’s hearing at The Atlantic: Trump’s Lawyer Walked Into a Trap. It’s pretty entertaining, if you can get through the paywall. They usually allow one free article, before they cut you off.
The second E. Jean Carroll case is also coming up soon. From Jose Pagliery at The Daily Beast: Judge Signals Trump Is Doomed in New E. Jean Carroll Trial.
With Donald Trump’s second rape defamation trial only one week away, a federal judge has rewarded the billionaire’s unceasing legal insolence and delusional defense strategy with a brutal order laying out just how punishing the court battle is going to be.
Until recently, the former president’s lawyers had been preparing for the upcoming defamation trial as if the first one never happened—seeing it as a chance to rewrite history and try to clear Trump’s name after a jury last year concluded he sexually assaulted the journalist E. Jean Carroll decades ago.
But on Tuesday, U.S. District Judge Lewis Kaplan made it clear that Trump is not getting another go at whether he raped Carroll.
“In other words, the material facts concerning the alleged sexual assault already have been determined, and this trial will not be a ‘do over’ of the previous trial,” Kaplan wrote in an order.
In the 27-page order, the federal judge reiterated that the jury will merely be deciding how badly to reprimand Trump for dragging Carroll’s name through the mud while he was at the White House in 2019—when he denied a coercive sexual encounter that did, according to a jury last year, occur.
This new jury will see the most damning evidence of Trump’s misogyny, from the Access Hollywood tape in which he gloats about how he can “grab them by the pussy” to the videotaped deposition where he remarks that stars get away with sexual assault “unfortunately—or fortunately.”
The previous iteration of this case dealt with the defamatory denials Trump made after leaving office, a trial that cost him $5 million in damages (which he apparently paid).
The second defamation trial, which begins next week, deals with the denials Trump made as U.S. president, with all the additional attention and gravitas his former position of power bestowed upon him at the time he made those comments.
Kaplan’s order on Tuesday clarified that Trump will have the obligation—but not the right—to remain silent about nearly everything the billionaire intended to say in court.
“Mr. Trump and his counsel are precluded, in the presence of the jury, from claiming that Mr. Trump did not sexually abuse (“rape”) Ms. Carroll, that Mdid not make his… 2019 statements concerning Ms. Carroll with actual malice… or that Ms. Carroll fabricated her account,” he wrote.
In other (not new) news, Republican politicians are showing themselves to be sadistic psychopaths when it comes to women’s abilities to make choices about their bodies and health care. Dahlia Lithwick and Mark Joseph Stern at Slate: Republican Officials Openly Insult Women Nearly Killed by Abortion Bans.
For many years before S.B. 8 passed in Texas and was then swept into existence by the Supreme Court, and before Dobbs ushered in a more formal regime of forced childbirth six months later, the groups leading the charge against reproductive rights liked to claim that they loved pregnant women and only wanted them to be safe and cozy, stuffed chock-full of good advice and carted around through extra-wide hallways for safe, sterile procedures in operating rooms with only the best HVAC systems. Then Dobbs came down and within minutes it became manifestly clear that these advocates actually viewed pregnant people as the problem standing in the way of imaginary, healthy babies—and that states willing to privilege fetal life would go to any and all lengths to ensure that actual patients’ care, comfort, informed consent, and very survival would be subordinate.
We are only beginning to understand the extent to which pregnant women are dying and will continue to die due to denials of basic maternal health care, candid medical advice, and adequate treatment. The issue of emergency abortions, though, has already rocketed to the U.S. Supreme Court, which agreed on Friday to decide whether federal law compels hospitals to terminate dangerous pregnancies regardless of state bans. No matter how SCOTUS rules, the fallout is already all around us. The stories of Kate Cox in Texas, devastated would-be mothers in Tennessee, and a horrifying prosecution of a mother who miscarried in Ohio all surface the brutal reality of the post-Dobbs zeitgeist: Any woman who seeks to terminate a pregnancy is wicked, any woman who miscarries is evil, and any woman who—for reasons of failing health, circumstance, or simple bad luck—does not prove to be an adequate incubator deserves whatever she gets. Every unborn fetus is the priority over the pregnant person carrying it and must be carried to term at all costs. So goes the moral calculus of the death-panel judges who now determine how to weigh the competing interests between real, existing human life and a state’s dogmatic fixation with a fetus that, by definition, must be seraphically innocent.
Frosted Evening, by Paul Evans
One need only look at red states’ scramble to defend their draconian abortion bans to witness this perverse moral hierarchy in action. In the wake of Roe v. Wade’s demise, the victims of these laws are no longer hypothetical: They are flesh-and-blood women, directly and viscerally injured by the denial of basic health care, and some of them have even had the gall to fight for their rights. Republican attorneys general have responded with furious indignation, openly demeaning these women as liars, wimps, partisans, and baby killers.
A recent filing by the office of Tennessee Attorney General Jonathan T. Skrmetti, a Republican, captures the dynamic all too well. Skrmetti has been fighting a lawsuit filed by a group of Tennessee women denied emergency abortions under the ultranarrow medical exception to that state’s ban. The women plaintiffs suffered an appalling range of trauma, including sepsis and hemorrhaging, because they could not terminate their pregnancies. The attorney general’s response to their complaint is a scathing, shockingly personal broadside against the victims of the ban. He accused them of attempting to draw “lines about which unborn lives are worth protecting” by imposing a medical exception “of their own liking.” He mocked them for asserting that ostensibly minor conditions like “sickle cell disease” might justify an abortion. And he insisted that the lead plaintiff, Nicole Blackmon, lacks standing, because she underwent sterilization after the state forced her to carry a nonviable pregnancy and deliver a stillborn baby. The attorney general viciously suggested that, if Blackmon really wanted to fight Tennessee’s ban, she could have tried for another doomed pregnancy.
Perhaps Skrmetti deserves half credit for candor, because he did not even pretend to treat these plaintiffs like compelling moral human beings. Instead, he wrote that Tennessee may allow different standards of care for pregnant and nonpregnant women. A pregnant woman, the attorney general averred, may be refused a treatment if it “has the potential to harm unborn lives—an issue not implicated” when treating nonpregnant women. “No equal-protection rule,” he concluded, “bars lawmakers from acting on that difference to protect unborn babies.” In other words, once a woman is pregnant, she becomes a vessel for “unborn babies,” giving the state authority to cut off her access to urgently necessary health care. Since nonpregnant women don’t immediately suffer the consequences of abortion bans, those bans don’t discriminate on the basis of sex.
There’s much more at the link.
One more story before I wrap this up. I’m sure you’ve heard that Defense Secretary Lloyd Austin was was treated for prostate cancer in December and was hospitalized with complications from surgery on Jan. 1. The problem is that President Biden and other top officials had no clue this was happening. From BBC News: President Joe Biden was only told that US Defence Secretary Lloyd Austin was being treated for cancer on Tuesday, the White House has said.
Mr Austin, 70, was admitted to hospital on 1 January and then to the intensive care unit for complications following surgery in December.
He has faced criticism for not telling senior officials about it for days.
He has since apologised for not “ensuring the public was appropriately informed”.
The lag in notifying the White House raised potential national security concerns and issues of transparency within the Biden administration.
The defence secretary sits just below the president in the chain of command for the US military, and is one of the most important members of the president’s Cabinet.
The Pentagon confirmed Mr Austin remained hospitalised on Tuesday.
At a press briefing on Tuesday, National Security Council spokesman John Kirby said that President Biden was only informed that day about the diagnosis of prostate cancer.
“Nobody at the White House knew that Secretary Austin had prostate cancer until this morning,” he said.
While he emphasised the president’s initial reaction was concern for the secretary’s health, Mr Kirby acknowledged the communications were “not optimal.”
“This is not the way it is supposed to go,” Mr Kirby said.
Mr Biden and Sec Austin have not spoken since their last interaction over the weekend, according to Mr Kirby.
Mr Austin’s deputy, Kathleen Hicks, was not informed of his hospital stay despite being asked to assume some of his responsibilities.
Lazy Caturday Reads With Weird Medieval Cats
Posted: December 16, 2023 Filed under: 2024 Elections, 2024 presidential Campaign, abortion rights, cat art, Cats, caturday, just because | Tags: Boston Tea Party anniversary, Donald Trump, fighting for democracy, IDF, Israeli hostages, Kate Cox, Richard Nixon, Ruby Freeman, Rudy Giuliani, Shaye Moss 17 Comments
Good Morning!!
Two hundred and fifty years ago today, a bunch of protesters in Boston staged a demonstration in our country’s a long fight for democracy. From WCVB Boston: ‘Grand-scale’ reenactment planned for 250th anniversary of Boston Tea Party.
The 250th anniversary of the Boston Tea Party, a pivotal event on the road to the American Revolution, will be marked with a series of events in the city on Saturday, culminating in a reenactment of the destruction of the tea.
On Dec. 16, 2023, the Sons of Liberty stormed aboard the brig Beaver and ship Eleanor to destroy wooden chests of East India Company tea. They dumped more than 300 crates of tea into Boston Harbor to protest taxes imposed on the colonies, who did not have representation in Parliament.
Two-and-a-half centuries after that famous act of defiance, reenactors plan to recreate the historic event starting at 8 p.m. Saturday. Members of the public are invited to the Harborwalk at 510 Atlantic Ave. to witness the reenactment.
“When history asked Boston in 1773 if we were willing to do what it takes to defend our liberties, we took tea leaves for ink and made the ocean our page,” Boston Mayor Michelle Wu said.
Earlier Saturday, a series of other events are planned:
- 4 p.m. to 5 p.m.: An outdoor screening at Faneuil Hall plaza of “Faneuil Hall and the Boston Tea Party: A protest in principle. A retrospective on revolution.” Free tickets to this event are sold out.
- 6 p.m. to 7 p.m.: Reenactors portraying citizens of colonial Boston will present news of the tea crisis at Downtown Crossing, Reader’s Plaza at Milk St. and Washington St.
- 6:15 p.m. to 7:30 p.m.: Reenactors will recreate a vigorous debate inside Old South Meeting House, which hosted several meetings about the tea crisis, including the final meeting before Samuel Adams gave the signal that started the Boston Tea Party. Tickets for this event are sold out.
- 7:30 p.m. to 8 p.m.: A fife and drum corps will lead a rolling rally from Old South Meeting House to the Harborwalk for the tea party reenactment.
From The Los Angeles Times Editorial Board: Editorial: The Boston Tea Party 250 years later, and we’re still fighting for democracy.
In the 250 years since members of the Sons of Liberty boarded ships in Boston Harbor to dump their cargo of imported tea overboard — on Dec. 16, 1773 — the right to protest over inadequate representation has been a central liberty of Americans.
There was already broad agreement in 18th century Britain and its American colonies that taxation without representation violated a supposedly free person’s rights.
But the British government had a far more limited view of what constitutes actual representation than the Colonists did. Parliament asserted that it represented the people in Britain’s American colonies even if they had no role in electing it.
After the Sons of Liberty action, Americans began to feel differently. A mercantile protest against tax breaks and corporate welfare for a private but influential monopoly (the British East India Co.) became a blow against the entire panoply of legislation and taxation adopted to coerce loyalty to the crown and Parliament.
The principle of no taxation without representation became increasingly about the definition of representation.
In the ensuing two and a half centuries, the American republic has moved in fits and starts toward perfecting democratic representation. It has had a very long way to go. Enslaved Africans and their descendants, Native Americans on reservations and women were represented in government in name only until recently, without voting power, the same way British Parliament once claimed to represent people who had no ability to say “yes” or “no” to their supposed delegates. In a sense, American democracy did not actually come into being until 1965, when the Voting Rights Act finally guaranteed Black voters equal rights to elect their government officials.
The fight isn’t over. Court rulings have permitted racial and partisan gerrymandering that undermine the Voting Rights Act and weaken the principle of one-person, one-vote — itself a fairly recent principle in American democracy. Residents of the District of Columbia will tell you, accurately, that they are taxed without representation. In many states, people who have served time for felonies cannot regain their right to vote, at least not without re-enfranchisement procedures so cumbersome as to be practically impossible….
In observing the semiquincentennial of the Boston Tea Party, it’s important to recall that although it began as an anti-tax protest, it was ultimately about the true meaning of representative government. The people of Boston in 1773 were unwilling to support a government in which they had no say. The Tea Party’s proper legacy is the continuing fight for fuller, more representative voting rights.
If you’d like a longer read about the Boston Tea Party, the long struggle for democracy in the U.S. and the unique dangers to liberty we face today, check out this interesting piece in The New York Times by Jennifer Schluessler: The Boston Tea Party Turns 250 and Raises 21st-Century Questions.
Yesterday was a very bad day for Rudy Giuliani. Eileen Sullivan at The New York Times: Jury Orders Giuliani to Pay $148 Million to Election Workers He Defamed.
A jury on Friday ordered Rudolph W. Giuliani to pay $148 million to two former Georgia election workers who said he had destroyed their reputations with lies that they tried to steal the 2020 election from Donald J. Trump.
Judge Beryl A. Howell of the Federal District Court in Washington had already ruled that Mr. Giuliani had defamed the two workers, Ruby Freeman and Shaye Moss. The jury had been asked to decide only on the amount of the damages.
The jury awarded Ms. Freeman and Ms. Moss a combined $75 million in punitive damages. It also ordered Mr. Giuliani to pay compensatory damages of $16.2 million to Ms. Freeman and $16.9 million to Ms. Moss, as well as $20 million to each of them for emotional suffering.
Mr. Giuliani, who helped lead Mr. Trump’s effort to remain in office after his defeat in the 2020 election but has endured a string of legal and financial setbacks since then, was defiant after the proceeding.
“I don’t regret a damn thing,” he said outside the courthouse, suggesting that he would appeal and that he stood by his assertions about the two women.
He said that the torrent of attacks and threats the women received from Trump supporters were “abominable” and “deplorable,” but that he was not responsible for them.
His lawyer, Joseph Sibley IV, had also argued that Mr. Giuliani, the former New York mayor and federal prosecutor, should not be held responsible for abuse directed to Ms. Freeman and Ms. Moss by others.
Mr. Sibley had warned that an award of the scale being sought by the women would be the civil equivalent of the death penalty for his client. Outside the courthouse on Friday, Mr. Giuliani called the amount “absurd.”
Break out the tiny violin. A bit more:
Over hours of emotional testimony during the civil trial in Washington, Ms. Freeman and Ms. Moss described how their lives had been completely upended after Dec. 3, 2020, when Mr. Giuliani first suggested that they had engaged in election fraud to tilt the result against Mr. Trump in Georgia, a critical swing state.
The women, who are Black and are mother and daughter, were soon flooded with expletive-laden phone calls and messages, threats, and racist attacks, they testified. People said they should be hanged for treason or lynched; others told them they fantasized about hearing the sound of their necks snapping.
They showed up at Ms. Freeman’s home. They tried to execute a citizen’s arrest of Ms. Moss at her grandmother’s house. They called Ms. Moss’s 14-year-old son’s cellphone so much that it interfered with his virtual classes, and he finished his first year of high school with failing grades.
“This all started with one tweet,” Ms. Freeman told the jury, referring to a social media post from Mr. Giuliani saying, “WATCH: Video footage from Georgia shows suitcases filled with ballots pulled from under a table AFTER supervisors told poll workers to leave room and 4 people stayed behind to keep counting votes.”
All lies, of course.
No one knows how much Rudy is worth these days, because he refused to provide information on his assets to the court. But it’s highly unlikely he has anything like the millions he’s been ordered to pay. Of course, he’s planning to appeal.
From CBS News: What is Rudy Giuliani’s net worth in 2023? Here’s a look into his assets amid defamation trial.
Rudy Giuliani followed his time in public service with a lucrative career in the private sector that turned him into a multimillionaire. But the former New York mayor now faces legal damages of $148 million in a defamation case filed by two Georgia election workers.
A jury of eight Washington, D.C., residents ruled Giuliani must pay $148 million to the election workers, Ruby Freeman and her daughter, Wandrea “Shaye” Moss. Their attorneys had asked the jurors to award $24 million each in damages. Giuliani was earlier found liable for several defamation claims against them.
The jury on Friday said the former mayor must pay $16.2 million to Freeman and $17 million to Freeman, as well as $20 million to each for emotional distress and an additional $75 million in punitive damages.
So how much is he worth today?
Giuliani’s current net worth could be worth less than $50 million, based on his attorney’s comment that the damages sought by Moss and Freeman would “be the end” of him.
About 15 years ago, Giuliani’s net worth was more than $50 million, with $15 million of that total from his business activities, including his work with lobbying firm Giuliani Partners, according to CNN. At the time, he earned about $17 million a year, the news outlet reported.
How much has Giuliani’s net worth changed over the years?
Giuliani faces considerable expenses, hurt by a third divorce and pricey lawsuits, and signs suggest they have taken a financial toll. To generate cash, he’s sold 9/11 shirts for $911 and pitched sandals sold by Donald Trump ally Mike Lindell. He also started selling video messages on Cameo for $325 a pop, although his page on the site says Giuliani is no longer available.
Giuliani owes about $3 million in legal fees, according to The New York Times. He earns about $400,00 a year from a radio show and also receives some income from a podcast, but it’s not enough to cover his debts, the newspaper reported. Earlier this year, Giuliani’s long-term attorney sued him, alleging that the former mayor owes him almost $1.4 million in legal fees.
Meanwhile, Giuliani in July listed his Manhattan apartment for $6.5 million, and it was still available in mid-December, according to Sotheby’s. The 3-bedroom, 3-bathroom co-op includes a library with a wood-burning fireplace and a butler’s pantry.
Unfortunately, Trump is still in the news. Here’s what’s happening with the narcissistic wannabe dictator.
From The Wall Street Journal: The Conservative Coterie Behind Trump’s Second-Term Agenda. A small group of loyalists is influencing his campaign policy plans, as many past top aides have broken with the former president.
When Donald Trump sat down in the office of his Bedminster, N.J., golf club late this summer to flesh out his trade and border policy, familiar faces were across from him: Robert Lighthizer and Russell Vought, two of the architects of the former president’s populist first-term record.
Trump’s former trade representative and White House budget director, respectively, are part of a cadre of allies helping him shape policy proposals across a range of topics, laying the groundwork for what would be an aggressive and controversial second-term agenda.
The group—which also includes Stephen Miller, driver of hard-line immigration policies, former Housing Secretary Ben Carson and John Ratcliffe, former director of national intelligence, among others—is stocked with veterans of Trump’s first term who are closely aligned with his vision of protectionist economic policies and an isolationist approach to foreign policy.
They are likely to take key administration roles should Trump win the election, according to the campaign, which has worked to counter speculation over Trump’s inner circle and policy-formulation process.
Importantly for Trump, these figures have stuck by him following his loss to President Biden in 2020, unlike the many past cabinet officials and other top aides who now oppose him. Trump’s first term was marked by dissension, with policy disagreements and personality clashes leading to heated Oval Office arguments and damaging leaks to reporters.
In contrast, aides say, the current group of Trump confidantes is on the same page. Whether such harmony could be preserved in an actual second Trump administration—which would include hundreds more aides and a full cabinet—is less clear.
This is pretty much the same agenda that The Washington Post and The New York Times have described recently.
Trump’s policy development, like much of what he has brought to government, is unorthodox—a mix of his gut instincts and working style. He eschews traditional meetings and flowcharts, aides say, and instead draws on his experience in business and direct conversations with an extended network of contacts of longtime friends, CEOs and people he has met in politics. He often pits one viewpoint against another, a hallmark of his first tenure in office.
Flights to and from campaign events have turned into policy huddles with staff and are where Trump reads articles, instructing aides to get someone on the phone when they land or the following day, according to people involved in the discussions.
His policy agenda has excited core supporters while alarming Democrats and some Republicans.
“He’s been pretty clear in saying he will use the levers of government to go after his political opponents, which is anathema to conservatives,” said Marc Short, who served in the Trump administration and was a top adviser to former Vice President Mike Pence’s presidential campaign. Short said Trump’s 2016 platform appealed to the party in part by focusing on appointing conservative judges and cutting taxes.
Other key people Trump and his team are in regular communication with over policy ideas—and who could take important administration roles—include the following:
- Kevin Hassett, former chairman of the Council of Economic Advisers and a leading champion of Trump’s 2017 tax-cut package
- Tom Homan, former acting director of U.S. Immigration and Customs Enforcement, who advocated for Trump’s hard-line policies
- Brandon Judd, president of the National Border Patrol Council, the union representing border agents
- Keith Kellogg, former national security adviser to Pence, who this summer threw his support behind Trump
- Matt Whitaker, former acting attorney general, who took over after Jeff Sessions was forced out of the job
There’s more at the link. I got in by clicking the link at Memeorandum.
Another article about Trump’s plans at Politico: The Crazy Conservative Scheme to Make Trump Look Normal: Rehabilitate Nixon.
Among a small but influential group of young conservative activists and intellectuals, “Tricky Dick” is making a quiet — but notable — comeback. Long condemned by both Democrats and Republicans as the “crook” that he infamously swore not to be, Nixon is reemerging in some conservative circles as a paragon of populist power, a noble warrior who was unjustly consigned to the black list of American history.
Across the right-of-center media sphere, examples of Nixonmania abound. Online, popular conservative activists are studying the history of Nixon’s presidency as a “blueprint for counter-revolution” in the 21st century. In the pages of small conservative magazines, readers can meet the “New Nixonians” who are studying up on Nixon’s foreign policy prowess. On TikTok, users can scroll through meme-ified homages to Nixon. And in the weirdest (and most irony laden) corners of the internet, Nixon stans are even swooning over the former president’s swarthy good looks.
“I’ve always been pretty fascinated with him,” said Curt Mills, a conservative journalist and self-professed Nixon fan. (Mills has contributed to POLITICO Magazine.) “I think the Nixon story is really an American story. He really is this guy who is from nowhere, and he’s just absolutely reviled … [but] I do think he has this charisma that’s sort of underrated.”
The Nixon renaissance is being driven in part by young conservatives’ genuine interest in Nixon, whom Mills colorfully described as “our Shakespearean president.” But when pressed about their pro-Nixon views, even his most sincere supporters readily admit that the Nixon-mania isn’t being driven solely — or even primarily — by academic interest in Nixon. Instead, the populist right’s ongoing effort to rehabilitate Nixon, which is unfolding against the backdrop of the 2024 Republican primary, is really about another divisive former Republican president: Donald Trump.
In the topsy-turvy historical tableau of 2023, to defend Nixon is to back Trump — and to rescue the former from historical ignominy is, according to the thinking of some young conservatives, to save the latter from the same fate.
“If we can rehabilitate Richard Nixon in a balanced and fair manner — or even if we can just create questions in the public discourse about Nixon and about Nixon’s presidency — then I think, by way of analogy, it will provoke similar questions about Donald Trump,” said the conservative activist Christopher Rufo, who published a lengthy defense of Nixon earlier this year for City Journal. “It will give us the kind of template, it will give us the precedents, it will give us the skills, where we can more effectively defend a conservative president against these kinds of attacks.”
Read the rest at Politico, if you can handle it.
Time Magazine has a piece about Texas abortion laws and Kate Cox, the woman who fled the state in order to get abortion care after learning she was carrying a non-viable fetus and faced the prospect of losing her ability to have children in the future: That Texas Abortion Case Is Even Worse Than You Think.
So much of the national conversation this week has been about Kate Cox, the 31-year-old mom who had to flee Texas to have an abortion to end a doomed pregnancy as the state’s Supreme Court slowly decided to substitute its judgment for her doctor’s advice.
But what’s been missing from most of the talk about this case is this reality: Texas has at least three separate laws on the books designed to make getting an abortion nearly impossible. Those overlapping, vague statutes not only create one of the most restrictive environments in the country for reproductive rights, but shaped Cox’s case in ways that many following her ordeal likely missed. It also shows how even minor details can matter, especially when judges have political bents and time is an urgent component.
To understand the lay of the land that Cox, her family, and her doctor were facing, we need to look at what Texas lawmakers put in place before Dobbs, the 2022 case that invalidated a half-century of protections enshrined in Roe v. Wade. A year earlier, Texas passed a so-called “trigger ban” that would outlaw abortions should the Supreme Court overturn Roe. We’ll call this Ban A. It serves up a felony life sentence for health care providers who perform abortions and a $100,000 fine.
A second 2021 law—let’s call it Ban B—was a novel attempt at effectively banning most abortions in Texas without waiting for the Supreme Court to give permission, and it largely succeeded. That law runs along civil lines by deputizing neighbors and strangers to enforce it through lawsuits. Under Ban B (also known as S.B. 8), even an Uber driver who ferries a customer to a place where abortions are performed can be civilly charged. Critics have labeled it a Bounty Law. Yet unlike Ban A, Ban B isn’t a complete ban, though it functions as one in practice. It blocks most pregnant individuals from seeking an abortion after about six weeks, or when lawmakers decided there exists a beating “fetal heart”—a term doctors do not use, because a fetus at that point does not yet have a heart. (What abortion opponents describe as a heartbeat at that stage is actually the electrical impulses developing cells start to emit.)
Finally, there is Ban C, which are the pre-Roe laws in Texas, dating back to the state’s first criminal code of 1857. At that time, the state had a ban on abortion—including the funding of it—except in cases when the pregnant person’s life was at risk. The penalty? Five years in prison for those providing the care. Texas officials have asserted that those laws snapped back into effect when Roe fell.
All three abortion bans include language that provides exceptions when the health of the pregnant person is in question, although the specific definitions and conditions are different and vague. (None, it also should be noted, holds the pregnant party criminally liable.)
This all created a legal and medical minefield for Kate Cox, the Dallas-area mother of two who has been public about wanting, in her words, “a large family.” When Cox and her family learned the fetus she was carrying had tested positive for a genetic condition that almost always results in a miscarriage or stillbirth, she took action. She had already been to the hospital four times in two weeks seeking emergency attention and worried what this troubled pregnancy would mean for her future potential; her doctor agreed that an abortion would leave her with the greatest potential for a pregnancy at a future date.
There’s much more at the link.
You’ve probably heard about the latest horror story in Israel’s war with Hamas. The IDF accidentally killed three Israeli hostages. From the Guardian: IDF says Israeli hostages it killed in Gaza were bare chested and waving white flag.
Three Israeli hostages killed by the Israel Defence Forces in Gaza were bare chested and carrying a white flag when they were shot, according to an initial military investigation.
The killing of the three men – who were kidnapped by Hamas on 7 October during its assault on southern Israel – has triggered widespread anger and incredulity in Israel amid a mounting sense of anxiety over the safety of the remaining hostages in Gaza.
According to reports of the IDF probe in the Israeli media, the three men Yotam Haim, Samer El-Talalka and Alon Shamriz – all in their 20s – had somehow escaped their captors and were approaching an IDF position in the Shejaiya area of Gaza City where there has been heavy fighting.
One of the men was carrying a stick with a white cloth tied to it and all had removed their shirts. Spotting the three, an Israeli soldier on a rooftop, however, opened fire on the men, shouting “Terrorists!”.
While two of the hostages fell to the ground immediately, the third fled into a nearby building. When a commander arrived on the scene, the unit was ordered into the building where it killed the third hostage despite his pleas for help in Hebrew.
It emerged too that the IDF had identified a nearby building marked with “SOS” and “Help! Three hostages” two days earlier but had believed it might be a trap.
As the first details of the killing were released by the IDF on Friday night, after most Israelis had begun to mark Shabbat, the Jewish day of rest, a hastily called demonstration converged on the Kirya, Israel’s sprawling military headquarters compound in Tel Aviv.
Chanting “Shame”, “There’s no time” and “Deal now!” – the last a demand for a new ceasefire agreement with Hamas and a hostage exchange – the protesters represent a growing thread of anger in Israel at the way in which the war is being prosecuted, as the situation of the remaining hostages in Gaza has taken a series of dark of turns in the past week.
There’s much more at the link.
That’s all I have for you today. I hope you all have a terrific weekend!
Wednesday Reads: So Much Winning
Posted: November 8, 2023 Filed under: abortion rights, Afternoon Reads, Democratic Politics | Tags: 2023 elections, 2023 polls, Biden judges, Biden unpopularity, Joe Biden, Kentucky Governor Andy Beshear, media, Moms for Liberty, Virginia elections 6 CommentsGood Afternoon!!

Brunner Frantisek Dvorak, Woman reading
Are you tired of winning yet? Despite the efforts of The New York Times, The Washington Post, and the DC media generally, Democrats won big last night. It must be so frustrating for those media bosses who are Jonesing for another Trump term. Never mind that that would likely mean the end of the free press in the USA. Of course they are still claiming that the Democratic wins happened despite Biden. It couldn’t possibly mean that the polls saying Biden is a loser could be wrong. Meanwhile, Trump has been losing ever since the 2018 midterms. Let’s review last night’s results:
The New York Times: Abortion Rights Fuel Big Democratic Wins, and Hopes for 2024.
Democrats won decisive victories in major races across the country on Tuesday evening, overcoming the downward pull of an unpopular president, lingering inflation and growing global unrest by relying on abortion, the issue that has emerged as their fail-safe since the Supreme Court overturned Roe v. Wade last year.
In races in parts of the South and the Rust Belt, Democrats put abortion rights at the center of their campaigns, spending tens of millions of dollars on ads highlighting Republican support for abortion bans.
The Democratic governor of Kentucky, Andy Beshear, won a second term, after repeatedly criticizing his Republican opponent for initially backing a state abortion ban that contains no exceptions for rape or incest. In Virginia, Democrats won control of both chambers after an avalanche of advertising focused on abortion. In Pennsylvania, Democrats won a seat on the State Supreme Court, in a race that also saw a flurry of abortion-related ads.
And in Ohio, a ballot measure establishing a right to abortion in the State Constitution won by a double-digit margin, a striking demonstration of support for abortion rights in a conservative state that Donald J. Trump won twice by convincing margins.

Woman reading, by Ulisse Caputo
But, the NYT says: What about Biden’s unpopularity? Will these issues still be powerful when he is on the ballot?
The results amounted to a resounding victory for abortion rights, proving once again that the issue can energize a broad coalition of Democrats, independents and even some moderate Republicans. As the country heads into the 2024 presidential election, the Republican Party continues to search for an answer to a topic that has vexed them since the fall of Roe. Democrats, meanwhile, face a daunting question of their own, in a year when President Biden’s record, personal brand and perceptions of his fitness to serve another term will be inescapable.
Will abortion still pack enough of an electoral punch to overcome Mr. Biden’s political weaknesses?
Historically, re-elections have been referendums on the incumbent president and his leadership. Democrats are hoping to transform the 2024 contest into something different — an election that revolves not around the present occupant of the White House but around the previous one, Mr. Trump, and his party’s embrace of abortion bans that are out of step with a majority of voters.
Already, Democrats have launched plans to use referendums, like the one that passed in Ohio, as a way to energize their base in 2024. There are efforts underway to get such measures on the ballot in swing states including Arizona, Florida, Nevada and Pennsylvania. For his part, Mr. Biden’s campaign released an early ad highlighting Mr. Trump’s support for overturning Roe.
Maybe, just maybe, the polls are wrong about Biden too? No, the NYT would never ever ask that question.
More bad news for Biden from Politico: Democrats romp, Youngkin flops: 4 takeaways from Tuesday’s election.
Joe Biden has had a very bad few days. His party just had a banner year.
In Tuesday night’s off-year elections, the incumbent Democratic governor in Kentucky — a state President Joe Biden lost by 26 points — handily won reelection. Democrats not only rebuffed Virginia Gov. Glenn Youngkin’s bid for total control of the state legislature by keeping the state Senate — they flipped the state House, too. And the party held a state Supreme Court seat in the nation’s largest Electoral College battleground of Pennsylvania.
Painting by Albert Anker, 1893
None of these wins guarantee success for the party in 2024. Biden is losing to former President Donald Trump in a host of recent polls, and Democrats are underdogs to hold their Senate majority.
But for now, the results on Tuesday — taken together with a string of special elections throughout the year that showed Democratic candidates outperforming Biden’s vote shares in districts across the country — serve as a powerful counterpoint to the party’s doom-and-gloom over the president’s poll numbers.
Democrats’ victories won’t make those polls go away, but they should prompt a rethinking of the current political moment, with a year to go until the next general election.
Yes, last night’s wins are really bad news for Democrats in 2024. The polls were wrong about Democratic candidates, but they must be right about Biden being in trouble, right?
AP News: Virginia Democrats sweep legislative elections after campaigning on abortion rights.
Virginia Democrats who campaigned on protecting abortion rights swept Tuesday’s legislative elections, retaking full control of the General Assembly after two years of divided power.
The outcome is a sharp loss for Gov. Glenn Youngkin and his fellow Republicans, who exerted a great deal of energy, money and political capital on their effort to secure a GOP trifecta.
“It’s official: there will be absolutely no abortion ban legislation sent to Glenn Youngkin’s desk for the duration of his term in office, period, as we have thwarted MAGA Republicans’ attempt to take total control of our government and our bodies,” Virginia Senate Democratic Caucus Chair Mamie Locke said in a statement referencing Donald Trump’s “Make America Great Again” slogan.
Virginia was one of just four states holding legislative races this year, and it’s something of a microcosm of other closely divided states that will be critical in next year’s presidential election. That fueled outsized interest in the expensive, hard-fought legislative races, as both parties closely monitored the results for signs about voter moods heading into the 2024 campaign.
The AP thinks these results could sort of be good for Biden.
The results in Virginia — along with a win for abortion rights supporters on an Ohio ballot measure and Democratic Gov. Andy Beshear’s reelection in Kentucky — will comfort the national party as President Joe Biden and other Democrats are expected to prioritize abortion rights in next year’s campaign to energize their voters.
Vera Alabaster, Girl Reading
“This is a huge sign of Democrats’ continued momentum heading into 2024. With so much on the line, voters showed up at the ballot box and sent the GOP a stark warning — betting big on the MAGA agenda doesn’t fly with everyday Americans, and it will cost them once again in 2024,” Democratic National Committee Chair Jaime Harrison said of Virginia’s results in a statement.
“This is a huge sign of Democrats’ continued momentum heading into 2024. With so much on the line, voters showed up at the ballot box and sent the GOP a stark warning — betting big on the MAGA agenda doesn’t fly with everyday Americans, and it will cost them once again in 2024,” Democratic National Committee Chair Jaime Harrison said of Virginia’s results in a statement.
The New York Times: Ohio Vote Continues a Winning Streak for Abortion Rights.
Ohio’s resounding approval of a ballot measure enshrining a right to abortion in the State Constitution continued a winning streak for abortion-rights groups that have appealed directly to voters after the demise of Roe v. Wade.
Abortion rights advocates who 18 months ago saw few paths around a conservative Supreme Court and gerrymandered legislatures, have instead found success by tapping into popular support.
Issue 1, as the ballot measure is known, had become the country’s most-watched race in the off-year elections, as both parties try to gauge whether voter anger over the loss of the federal right to abortion could help Democrats in next year’s presidential and congressional races.
National groups on both sides of the debate poured money into Ohio in recent weeks, delivering a frenzy of ads and canvassers, arguments and misinformation.
While abortion-rights groups prevailed in six out of six state ballot measures last year, Ohio was considered the toughest fight yet. And the victory lifted the hopes of abortion-rights groups pushing similar measures next year in red and purple states, including Arizona, South Dakota, Missouri and Florida.
“Seven times abortion has been put on the ballot across the country, and seven times voters have turned out overwhelmingly to defend it,” said Mini Timmaraju, president of Reproductive Freedom for All, formerly Naral. “Once again, voters sent a clear message to Republicans and anti-abortion extremists: We believe in the right to abortion, and we are the majority.”
NBC News: Democratic Gov. Andy Beshear wins re-election in Kentucky.
Democratic Gov. Andy Beshear of Kentucky has won re-election, defying the usual political leanings of the red state, NBC News projects.
Beshear defeated GOP state Attorney General Daniel Cameron in an expensive and hard-fought race.
Beshear’s re-election in a state President Joe Biden lost by 26 percentage points in 2020 was due in part to the unique brand he has built in Kentucky, separate from the national party. But the victory is still a welcome sign for Democrats ahead of next year’s presidential race, with recent governor’s elections in Kentucky having previewed presidential victories to come.
In his bid for a second term, Beshear leveraged the popularity he built over the last four years, touting the state’s economic progress and his response to natural disasters, including devastating floods.
Beshear also ran on abortion.
Kentucky has a near-total ban on abortion, which took effect last year after the Supreme Court overturned Roe v. Wade and eliminated federal protection for the right to an abortion. An ad from the Beshear campaign featured a young woman whose stepfather raped her when she was 12 years old.
“Anyone who believes there should be no exceptions for rape and incest could never understand what it’s like to stand in my shoes,” the woman said in the ad. “This is to you, Daniel Cameron: To tell a 12-year-old girl she must have the baby of her stepfather who raped her is unthinkable.”
It is a powerful ad. I’d like to post it here, but WordPress won’t let me.
A couple of smaller victories for Democrats:

A woman reading, by Gabriel Metsu, 1653-4
The Hill: Democrat flips deep-red New Jersey assembly seat in upset.
Democrats have successfully flipped a seat in New Jersey’s General Assembly in a a deep-red district that has not elected a Democratic legislator in three decades.
Decision Desk HQ projects that Democrat Avi Schnall has won a seat in the assembly, unseating incumbent Republican Assemblyman Ned Thomson. Voters in each New Jersey legislative district choose two assembly members to represent them, so the contest was a four-way race featuring two Democrats and two Republicans.
Schnall was elected alongside incumbent Republican Assemblyman Sean Kean in the 30th District.
Schnall is a former New Jersey director of an organization that advocates for the interests of Orthodox Jews called Agudath Israel of America. He received significant backing from the township of Lakewood’s Orthodox Jewish community.
He’s also reportedly a former Republican and could vote with Republicans in the assembly on some issues. But the flip is still a big win for Democrats.
The Daily Beast: Moms for Liberty Candidates Take a Beating in Some School Races.
Moms for Liberty, the right-wing “parental rights” group advocating a hardline anti-woke agenda in America’s schools, had a rough night in Tuesday’s elections for school board seats around the country.
The organization, considered an extremist group by the Southern Poverty Law Center, endorsed scores of candidates in school districts in several states from Alaska to North Carolina. But the group’s record backing book bans, opposing racially inclusive lessons in classrooms, and pushing anti-LGBTQ messages seemingly failed to connect with voters in multiple ballots.
A key battleground for MfL was Pennsylvania, where the group endorsed over 50 candidates in some 28 districts.In 2021, Moms for Liberty claimed credit for 33 seats in Bucks County, claiming that eight out of 13 districts “now have a majority of school board members that value parental rights.” Ahead of Tuesday’s election, MfL endorsed only a single candidate in the county—though some of this year’s candidates in Philadelphia suburbs sympathetic to the extreme organization may have feared that an outright endorsement from the extreme organization could scare off moderate voters, according to ThePhiladelphia Inquirer.
A “voter guide” from the group earlier this year recommended candidates in five districts but stressed that the messaging was “not an official endorsement.” All five of the Republican candidates in Central Bucks—which has been roiled for years by culture war rows—were included in the guide. But after Tuesday’s vote, the district’s school board was swept by Democrats who won five seats.
More wins described at the link.
Not election related, but a very big win for Biden and Democrats:
NBC News: Senate confirms Biden’s 150th judge.
President Joe Biden has hit a milestone as the Democratic-led Senate confirmed his 150th federal judge.
Back-to-back votes Tuesday made Kenly Kiya Kato and Julia Kobick district court judges in California and Massachusetts, respectively, totaling 113 district court judges chosen by Biden.
Reading Woman, by Patrick Bornemann
He has also secured lifetime appointments for 36 appeals court judges — who have the final word on most matters of federal law — and one Supreme Court justice: Ketanji Brown Jackson.
Senate Majority Leader Chuck Schumer, D-N.Y., called it “a very important day in the Senate.”
“Our 150th judge confirmed under President Biden,” he told reporters. “That’s really a great record: 150 judges who have brought integrity and impartiality to the bench, 150 judges who’ve expanded the diversity and dynamism of our courts, 150 judges who are restoring Americans’ trust in the federal judiciary.”
Schumer added that Kobick, who was confirmed on a 52-46 vote Tuesday evening, is “our 100th female judge” the Senate has confirmed in the Biden era.
“We’re making the bench look more like America. It never did,” he said. “And we’re making giant strides, more than any other Senate has, to get that done.”
Reshaping the courts with more public defenders and greater diversity has been a high priority for Biden and Schumer. In four years, former President Donald Trump and Senate Republican leader Mitch McConnell of Kentucky steered through 234 federal judges — most of them young, conservative and poised to serve for decades — including three Supreme Court justices who tilted the court to the right and paved the way for the landmark ruling last year that overturned Roe v. Wade.
I’ll end with some commentary on last night’s election results:
Noah Berlatsky at Public Notice: Elections are more important than polls.
Some 48 hours ago, pundits were rushing to explain how, why, where, and exactly to what extent the Democratic Party is doomed.
A New York Times/Sienna poll released last weekend showed President Joe Biden catastrophically trailing indicted orange gasbag of hatred former President Donald Trump in virtually every key swing state. According to the poll, Trump leads Biden by five points in Arizona, four in Pennsylvania, six in Georgia, and 11 in Nevada. Analysts like Nate Silver and Matt Yglesias made panicky noises, condemning Dems for not mounting a serious primary challenge to the incumbent. There was weeping, there was gnashing of teeth.
And then, we had an actual election.
Young Woman Reading, by Nagy Vilmos
Tuesday night’s results are difficult to square with the “Biden and Democrats are doomed” narrative. In an off-year election, with the incumbent president’s approval rating mired below 40 percent, you would normally expect the president’s party to be stomped, crushed, spindled, and obliterated.
But instead, Democrats did fine. In fact, they did better than fine, and then even better than that. Tuesday looked a lot like a blue wave, with Democrats romping to victory in blue and purple states and overperforming dramatically in red ones.
It’s difficult to predict what this means for 2024. But we know that in 2022 and now in 2023, Biden’s low approval rating appeared to be entirely disconnected from Democratic performance. That should at least give the likes of Silver and Yglesias a moment’s pause in their punditing of apocalypse….
Instead, Beshear won easily, 52.5 percent to 47.5 percent, far outpacing his narrow .4 percent win in 2019. For the second straight year, Trump’s endorsement backfired in a key race (remember Dr. Oz and Herschel Walker?).
Many analysts attributed Beshear’s win in a Trump +26 state to his personal brand and relentless campaigning. And it’s clear that Beshear is an extremely talented politician. But in general, when your party’s president has an approval rating 17 points underwater, even talented politicians struggle. A five point win for a Democrat in Kentucky cannot be reasonably described as a struggle.
Read more analysis at the link.
David Kurtz at Talking Points Memo: Please, Please, It’s Too Much Winning. We Can’t Take It Any More.
Republicans are licking their wounds and surveying the carnage from yesterday’s election, but there’s no sign that it will break Donald Trump’s grip on the GOP.
You probably remember Trump’s immortal line from 2016: “We’re going to win so much, you may even get tired of winning.” The next line in that riff is the pièce de résistance: “Please, please, it’s too much winning. We can’t take it any more.”
Here’s how all that winning is looking right now 😭😭😭 …
- Former Sen. Rick Santorum (R-PA) on Newsmax: “It was a secret sauce for disaster in Ohio. I don’t know what they were thinking. Thank goodness that most of the states in this country don’t allow you to put everything on the ballot because pure democracies are not the way to run a country.”
- Sean Hannity on Fox News: “Democrats are trying to scare women into thinking Republicans don’t want abortion legal under any circumstances.”
- Newsmax anchor: “It does seem like the Republican Party generally has a real problem with winning.”
Watch the videos at the link, because I’m not allowed to post them here. Santorum really stepped in it, but that’s nothing new for him.
It was a great night, and I don’t believe the polls. They’ve been wrong since 2016. Besides, the 2020 election is a year away. Polls are meaningless at this point, despite what the pundits want you to believe.
Soooo much winning! Can you stand it? Have a great Wednesday everyone!!









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