Wednesday Reads: Abortion Politics: Be Enraged!

Good Day!!

6098cb972261cec19aaa6a49a5ac1491I’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

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 2022While 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.

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.

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

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 Fiancée2

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

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 Trumpcalled 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.

1-angry-woman-van-winslow

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.


Finally Friday Reads: Of Harpies, Hags, and Magical Vaginas

Harpy. A hybrid monster formed of a vulture with the head (and sometimes the torso) of a woman.

Good Day, Sky Dancers!

We’re all aware of the ongoing chaos created by the U.S. Supreme Court and its many unprecedented decisions. The majority of people have no confidence in them. ProPublica has shown how corrupt many are, having been bribed and brought in as pets to right-wing billionaires active in the Federal Society. We can see the blood on their hands just one year after their bizarre decision with Dobbs overturned Roe v. Wade. They’re clearly paid henchmen to rid their overlords of inconvenient people.

We’ve recently determined that many men in Congress and state legislatures creating this legislature don’t even understand women’s bodies or reproduction. Yet, here they are, inflicting us with the Middle-Age religious ideology of the Dark Ages. This article from the Guardian is 8 years old but still stands up, as evidenced by the chaos and ignorance that rules the Dobbs Decision. “Women’s bodies can’t perform magic. Someone, please tell Republicans. One congressman this week thought that if women swallow pills, they end up in their vaginas. The GOP still knows nothing about female anatomy.”  This was written by Jessica Valenti. 

Do Republican men think women are mythical creatures, like unicorns or fairies? It’s the only explanation I can come up with to make sense of the party’s continued insistence that women’s bodies can perform feats of absolute magic.

On Monday, during testimony on a state bill that would ban doctors from using telemedicine to prescribe abortion pills, Idaho Republican Rep Vito Barbieri asked a testifying physician if pregnant women could swallow small cameras so that doctors could “determine what the situation is”.

Dr Julie Madsen – who I imagine must have been suppressing the eyeroll of a lifetime – responded that it couldn’t be done because “when you swallow a pill it would not end up in the vagina.”

Barbieri now says the question was a rhetorical one (that’s the ticket!) but his gaffe reminds us all about just how little Republicans understand about women’s bodies. Though, again, I’m honored that they think we hold such awesome abilities. After all, who could forget then-Rep Todd Akin’s assertion that women who were “legitimately” raped would not get pregnant because “the female body has ways to try to shut that whole thing down.” Like a superpower! Or Rush Limbaugh’s belief that women’s bodies are so all-powerful that we actually require a birth control pill every time we have sex to keep from getting pregnant. But it doesn’t stop there.

Conservatives apparently also think that women are so magic as to almost be immortal – you see, they don’t believe that abortion are ever necessary to save a woman’s life or protect her health. They’re so sure of this, in fact, that they’ve been willing to bet our lives on it. It was just four years ago that House Republicans proposed to pass a bill that would have made it legal for hospitals to deny life-saving abortions to women who needed them and even deny them transfer to another hospital willing to perform the procedure. Maybe they just think we have nine lives?

Republicans must think we’re magic – how else do they think we can possibly have all these kids (since we’re not supposed to need or want or get abortions) with no paid maternity leave, no subsidized child care, no livable minimum wage and a culture that thinks we’re supposed to grin and bear it?

Shockingly, all the fairy tale tales conservatives have told themselves about women’s bodies and abilities hasn’t done the Republicans any favors around election time. And despite trainings for Republican candidates to learn how to talk about gender without saying something idiotic about rape or vaginas, Republican men continue to think stupid things about women and women continue to not vote for them.

So please, keep it up, guys. Talk more about what our vaginas can do, or how getting pregnant after rape is a “gift from god”. The more we watch as men who lack basic knowledge of biology and the human reproductive system make laws about what we can do with our own bodies, the more I believe that maybe women really are magic. We take care of our families as Republicans insist we’re “strong” enough to do with less. We battle back against archaic laws and dinosaur politicians. We do things a lot more impressive than swallowing a pill and having it migrate to our vaginas. That’s just weird.

Dracopopodis, from “Historia animalium” by Konrad Gesner, 1551/1558

So now, knowledge about women’s reproductive systems cannot be taught in Medical School or practiced even in extreme emergencies. This is from The New Republic and is written by Tori Otten. “Ob-Gyns Say More People Are Dying Since Dobbs Overturned Right to Abortion. A new KFF poll finds health professionals are incredibly concerned about the restrictions on abortion.”

Health professionals say that maternal mortality has skyrocketed in the year since Roe v. Wade was overturned, a new survey from KFF found, a sign of how harmful abortion bans are.

The Supreme Court rattled the country when it rolled back the nationwide right to abortion on June 24, 2022. In the year since then, Republican-led states have cracked down on abortion access, imposing confusing restrictions or outright bans on the procedure. Many in the GOP argue that they are not limiting access to medically necessary procedures, but instead are saving lives.

KFF surveyed nearly 600 ob-gyns nationwide from March to May, and found that 68 percent say the Dobbs v. Jackson Women’s Health Organization decision worsened their ability to respond to pregnancy-related emergencies. The survey also found that 64 percent of ob-gyns “believe that the Dobbs decision has worsened pregnancy-related mortality” and 70 percent believe the ruling increased racial and ethnic inequities in maternal health.

Three old hags surround a basket of newborn babies with bats in the distance. Etching by F. Goya, 1796/98.

What’s the response of Republican candidates for the Presidency? Well, Mike Pence takes it to infinity and beyond. This is from Politico Playbook: “Mike Pence’s plan to go further on abortion.” How farther can this go?

PENCE LEANS IN ON ABORTION POLITICS — Tomorrow marks one year since the Supreme Court overturned Roe v. Wade, revoking the constitutional right to abortion it established. And ever since, Republicans have been twisting themselves in knots over how to handle the fallout.

Trump avoids talking about the matter almost entirely. Florida Gov. RON DeSANTIS signed a six-week abortion ban in the middle of the night in April and has barely spoken about it since. Sen. TIM SCOTT (R-S.C.) originally waffled on whether he’d support a nationwide abortion ban. And former South Carolina Gov. NIKKI HALEY has been vague about how she’d handle the issue as president.

Then there’s MIKE PENCE.

More than any other Republican candidate, the former VP has staked his pitch to voters on his unabashed restrictionist stance.

While some Republicans — including Trump and former New Jersey Gov. CHRIS CHRISTIE — say that in a post-Roe America, abortion policy should be left up to the states, Pence has endorsed a nationwide ban on the medical procedure at 15 weeks of gestation.

While some Republicans say the party shouldn’t weigh in on banning widely used abortion drugs, Pence’s 501(c)(4) group Advancing American Freedom has filed an amicus brief supporting a challenge to the FDA’s approval of mifepristone, the most widely used abortion pill.

And this weekend, while Pence will be among a parade of 2024 hopefuls addressing evangelical conservatives at the Faith & Freedom Coalition’s Road to Majority Conference in Washington (more on that below), he is the only candidate who’ll also speak at the Students for Life rally on the National Mall, in addition to being the only candidate invited to address a nationwide Susan B. Anthony List call for activists commemorating the end of Roe.

Yesterday, we caught up with Pence to talk about the one-year anniversary of the Dobbs ruling. We wanted to know how he squares his own position with the political reality that abortion restrictions are consistently unpopular in polls and whether he’s worried that opposition will blow back on him and the GOP at the ballot box.

The upshot: not a bit. And he thinks Republican candidates need to stop running scared from the issue and embrace it head on. Listen to excerpts in Playbook Daily Briefing

HOW PENCE SEES IT: The GOP, Pence said, faces a choice, “whether or not we’re going to continue to be a party grounded in the conservative principles that have won not only the White House, but won majorities over the last 50 years again and again — or whether our party is going to shy away from those core traditional principles.”

As for him? “For me, for our campaign, we’re going to stand where we’ve always stood, and that is stand without apology for the right to life,” he said.

In our interview, Pence flatly rejected the conventional wisdom in Washington that Republicans suffered in the midterms because of Dobbs blowback. Those who lost, he said, had a “common denominator” that “has not to do with the issue of abortion.”

“Rather, where candidates were focused on the past — focused on relitigating the past — we did not fare well,” Pence said, a veiled reference to Republicans parroting the false claim that Trump won the 2020 election.

PENCE VS. THE FIELD: His unabashed stance on abortion is one way Pence differentiates himself from the rest of the GOP’s 2024 field. And he’s certainly not shy about drawing that contrast, particularly vis-a-vis Trump.

Winged Sphinx

Most Democratic strategists see this as a winning discussion, given current polling on the types of people likely to vote in the General Election. This is from NBC News. “Poll: 61% of voters disapprove of Supreme Court decision overturning Roe. On the anniversary of the Dobbs decision, 53% say abortion access nationwide has become too difficult, a new NBC News poll finds.”

On the anniversary of the Supreme Court ruling that overturned the landmark 1973 Roe v. Wade decision, 6 in 10 voters remain opposed to the court’s removing federal protection of the right to abortion, according to results from a new national NBC News poll.

Nearly 80% of female voters ages 18-49, two-thirds of suburban women, 60% of independents and even a third of Republican voters say they disapprove.

Women have no desire to be the property of politicians, let alone the crazy ones cited in the Guardian article who can’t even figure out their reproductive systems.

And, again, let’s state that all of this is because of a group of  “corrupt and shady” SCOTUS appointees who all happen to be Republican so far. Alito, Grand Inquisitor of the Dobbs Debacle, is turning out to be corrupt, arrogant, and still thoroughly repulsive.

A harpy in Ulisse Aldrovandi’s Monstrorum Historia, Bologna, 1642.

If you haven’t read about all the free fishing trips Alito got already, Joyce Vance’s substack is an excellent place to go.

You should read the full piece in ProPublica for yourself, but it’s lengthy, so we’ll hit the high notes here tonight in case you need to save it for the weekend. Suffice it to say, this reporting dramatically increases concerns about the Court’s legitimacy. My friend and colleague Barb McQuade put it best: “Pro tip: If you’re a Supreme Court justice, don’t take free trips, even when the seat on the billionaire’s private plane would ‘otherwise go unoccupied.’ Normal people don’t get free fishing trips to Alaska. It is not your winning personality that makes you different.”

And now, for the next entry in the most corrupt SCOTUS evah! Wait that would be Clarence Thomas. He’s been at the grifting game a long time. However, even this newbie might catch up.   This is from the Salon Link below. 

This is reported by Tatyana Tandanpolie.  This is actually a twofer. Two hyper-zealots with a need for a good life and a crusader’s need for blood.

Supreme Court Justice Amy Coney Barrett has personal ties to a leader of the legal clinic under the Notre Dame initiative that funded Justice Samuel Alito’s July 2022 speaking trip to Rome, CNN reports.

Just months after she was sworn in at the Supreme Court in 2020, Barrett, who had left her judgeship and job as a Notre Dame law professor, sold her private home in South Bend, Indiana, to a recently hired Notre Dame professor who was assuming a leadership role at the Religious Liberty Initiative, according to records discovered by the left-leaning non-profit watchdog group Accountable.US.

The initiative’s legal clinic has curried favor with the Supreme Court since its founding in 2020 and filed at least nine “friend-of-the-court” amicus briefs in religious liberty cases before the Court. Alito joined the majority in deciding in favor of the initiative’s conservative positions in several of those cases, including the one that reversed Roe v. Wade, and others on issues of school prayer and COVID-19 restrictions on churches.

Neither Barrett’s real estate transaction nor Alito’s trip to Italy to deliver a keynote at a gala violated the court’s ethics rules, several experts told CNN.

“It raises a question – not so much of corruption as such, but of whether disclosures, our current system of disclosures, is adequate to the task,” Kathleen Clark, a professor at Washington University in St. Louis Law School who specializes in government ethics, told the outlet.

Barrett sold the home to Brendan Wilson, then a Washington D.C.-based lawyer, for $905,000, a transaction that she was not required to disclose on her annual financial forms. Federal regulations exclude sales of the “personal residence of the filer and the filer’s spouse” from financial matters judges are mandated to disclose.

I don’t think Republicans know what “public service” is supposed to be about. They seem to believe that the public should service them, and then they become overlords of the public’s access to civil liberties. All of this is funded by billionaire nutters and actual taxpayers.

Okay, I just couldn’t resist posting this. Tech Dudes and the Maga Hags go at it big time. I guess infighting among the enemy is a good sport. Oh, to be a fly around the Supreme Court Building now. I could use a little bit of Alito v Thomas right now fighting for the belt of least guilty amongst us.

Have a great weekend!

What’s on your reading and blogging list today?


Tuesday Reads: The End of Roe?

Illustration by Victor Juhasz

Illustration by Victor Juhasz

Good Morning!!

Today I want to follow up on what Daknikat wrote yesterday about the Supreme Court and abortion rights. Thanks to all the Bernie Bros and Hillary Haters, we ended up with Donald Trump in 2016, and he was able to appoint three right wing nuts to the Supreme Court.

We could have had the first woman president, and she could have nominated three liberals to the court. But misogyny and anti-Clinton propaganda won Trump enough electoral votes to take the White House even though he lost the popular vote. Now women will face the consequences.

https://twitter.com/AngryBlackLady/status/1394417965437636611?s=20

 

Mark Joseph Stern at Slate: The Supreme Court Is Taking Direct Aim at Roe v. Wade.

On Monday morning, the Supreme Court announced that it will reconsider the constitutional prohibition against abortion bans before fetal viability. This decision indicates that the ultra-conservative five-justice majority is prepared to move aggressively against Roe v. Wade rather than tinker around the edges of abortion rights. The court will take on state laws that seek to outlaw abortion at early—and perhaps all—stages of pregnancy. It seems likely that the justices took this case for the express purpose of overturning Roe and allowing the government to enact draconian abortion bans that have been unconstitutional for nearly half a century.

Dobbs v. Jackson Women’s Health Organization, the case that SCOTUS took up on Monday, is not a subtle threat to Roe. It is, rather, a direct challenge to decades of pro-choice precedent. In 2018, Mississippi passed a law forbidding abortions after 15 weeks. This measure had two purposes: to restrict abortion, yes, but also to contest Supreme Court precedent protecting abortion rights. In Roe and later decisions—most notably Planned Parenthood v. Casey—the Supreme Court held that the Constitution forbids bans on abortion before the fetus has achieved viability. Since there is no doubt that, at 15 weeks, a fetus is not viable, even with the most heroic medical interventions, Mississippi’s law was clearly designed as a vehicle to let SCOTUS reevaluate (and reverse) Roe.

The lower courts understood this plan. Judge James Ho, a very conservative Donald Trump nominee, all but endorsed it when the case came before the 5th U.S. Circuit Court of Appeals. Ho urged the Supreme Court to overturn Roe—while acknowledging that, as a lower court judge bound by precedent, he could not uphold Mississippi’s abortion ban. Now the justices have vindicated Ho by accepting Mississippi’s invitation. (The court will hear arguments in the case next fall and issue a decision by the summer of 2022.) It is not difficult to guess what will happen next. But it is worth pointing out three reasons why the Supreme Court appears poised to seize upon Dobbs to eviscerate the constitutional right to abortion.

How do we know the conservatives on the Court are planning to reverse Roe v. Wade?

First, there is no split between the lower courts on the question presented in Dobbs. The Supreme Court typically takes up cases that have divided courts of appeals so the justices can provide a definitive answer that applies nationwide. Here, however, no court has claimed that, under current precedent, a state may outlaw abortions at 15 weeks. Even Ho had to admit that binding precedent “establishes viability as the governing constitutional standard.” There is no reason for the Supreme Court to hear Dobbs unless it wants to abolish this standard, which has been the law of the land for almost 50 years.

Abortion by Anil Keshari

Abortion by Anil Keshari

Second, Mississippi gave the justices several options for a more limited ruling; its petition to the court included a question that would’ve let the court modify the standard for abortion restrictions without overtly killing off Roe. But the justices rejected that alternative and agreed to consider the central question in the case: “Whether all pre-viability prohibitions on elective abortions are unconstitutional.”

This action suggests that the conservative majority is no longer interested in gradually eroding abortion rights until they are, in reality, nonexistent….

Third, and relatedly, Barrett’s impact on this case cannot be understated. Just last summer, the Supreme Court struck down laws targeting abortion clinics in Louisiana by a 5–4 vote, with Chief Justice John Roberts joining the liberals (with qualifications) to affirm the bottom-line rule that states may not place an “undue burden” on the right to abortion before viability. Less than three months later, Justice Ruth Bader Ginsburg died, and Trump put Barrett—a foe of abortion rights—in her seat. By doing so, Trump shored up a far-right five-justice majority that, by all appearances, is committed to ending Roe.

Greg Stohr of Bloomberg via The Washington Post: 

The U.S. Supreme Court has heard multiple cases in recent years from states trying to narrow the right to have an abortion, one of the nation’s most contentious issues. The next case is more sweeping than most. With its newly strengthened conservative majority in place, the court has agreed to hear Mississippi’s bid to ban abortion in almost all cases after 15 weeks of pregnancy. That could mean overturning, or at least gutting, the landmark 1973 Roe v. Wade decision, which legalized abortion nationwide….

The Roe v. Wade decision established that the decision to terminate a pregnancy was a woman’s choice to make in the first trimester, and that the state could regulate abortions only later. In the Planned Parenthood v. Casey case in 1992, the Supreme Court revisited the timing issue, saying women have the right to abortion without undue interference before a fetus is viable — that is, capable of living outside the womb. The court didn’t pinpoint when viability occurs but suggested it was around 23 or 24 weeks. In 2018, the Mississippi legislature voted to outlaw most abortions after 15 weeks. The ban, which makes exceptions only in cases of severe fetal abnormality or major health risk to the mother, was challenged by the state’s only abortion facility, the Jackson Women’s Health Organization, and deemed unconstitutional by a federal district judge and federal appeals court. The state of Mississippi appealed to the Supreme Court, arguing that viability is “not an appropriate standard for assessing the constitutionality” of abortion laws….

From Ireland--Detail from a marching banner for the Artists’ Campaign to Repeal the Eighth Amendment Banner, by Alice Maher, Rachel Fallon and Breda Mayock. Photograph by Alison Laredo, Courtesy the artists

From Ireland–Detail from a marching banner for the Artists’ Campaign to Repeal the Eighth Amendment Banner, by Alice Maher, Rachel Fallon and Breda Mayock. Photograph by Alison Laredo, Courtesy the artists

Three appointments to the court made by Biden’s predecessor, Donald Trump, have given it a 6-3 conservative majority. And Trump’s last two appointees, Justices Brett Kavanaugh and Amy Coney Barrett, replaced justices who supported the core right to abortion. If Kavanaugh and Barrett are willing to back Mississippi, abortion opponents might not even need the vote of the sixth conservative, Chief Justice John Roberts….

A decision throwing out the 1992 viability standard could immediately mean tighter abortion restrictions in a number of states. The Guttmacher Institute, which monitors and advocates for abortion rights, counts 16 states that have attempted to ban at least some abortions before viability but have been stopped by a court order.

Leah Litman and Melissa Murray at The Washington Post: Opinion: The Supreme Court’s conservative supermajority is about to show us its true colors.

On Monday morning, the court agreed to hear a challenge to a Mississippi law that would ban most abortions after 15 weeks of pregnancy — a case that poses a direct attack on the constitutional right to abortion.

The decision to take the case was unsurprising. President Donald Trump vowed to appoint justices who would overrule Roe v. Wadethe 1973 decision holding that women have a constitutional right to obtain abortions. With Trump’s three historic appointments to the high court, all that opponents of Roe needed was the right vehicle. The Mississippi case gives them just that. It will be heard in the court’s term beginning in October….

It would not be unthinkable for this Supreme Court to use the Mississippi case to jettison Roe and Casey. Although stare decisis and its principle of respect for settled precedents has long been a hallmark of U.S. law, this court has in recent years refused to be bound by established precedents.

Last year, Justices Neil M. Gorsuch and Brett M. Kavanaugh, two of Trump’s appointees, cast votes to overrule a case that had invalidated a pair of abortion restrictions. The term before that, in another case, Justice Clarence Thomas argued that the court was duty-bound to overrule precedents that were “demonstrably erroneous.” In other writings, he has railed against Roe and Casey as perversions of constitutional law. And the court’s newest member, Justice Amy Coney Barrett, has, in her academic writing, indicated that she shares Thomas’s ideas about precedents and abortion rights.

Untitled No. 5, Abortion Series, 1998, Paula Rego

Untitled No. 5, Abortion Series, 1998, Paula Rego

Even in cases where the court has not overruled past decisions, it has gone to herculean lengths to limit prior cases, broadly refashioning entire areas of law without explicitly overruling the decisions undergirding those doctrines. And this approach might be what lies ahead for abortion.

Rather than overruling Roe and Casey, the court might say that viability is no longer a meaningful marker for determining when a state may restrict a woman’s right to choose — a decision that would be as consequential as scuttling Roe itself. It could allow states to restrict access to abortion at any point during pregnancy, sharply curtailing reproductive rights as lower courts reconsider the constitutionality of bans on abortion after 12 weeks, 10 weeks or six weeks of pregnancy. Under Roe and Casey, courts easily found all such laws unconstitutional because they prohibited abortions before viability. If the court erases viability’s significance, many abortion restrictions once easily struck down will pose more difficult questions for reviewing courts.

Read the whole thing at the WaPo.

According to The New York Times, anti-abortion activists are celebrating: ‘A Great Sense of Inspiration’: Anti-Abortion Activists Express Optimism.

Anti-abortion activists across the country expressed optimism on Monday that they might be on the cusp of achieving a long-held goal of the movement: overturning Roe v. Wade, the 1973 Supreme Court decision that extended federal protections for abortion.

The Supreme Court announced on Monday morning that it would consider in its next term a case from Mississippi that would ban abortion after 15 weeks of gestation, with narrow exceptions….

It is the first abortion case under the court’s new 6-3 conservative majority, and activists expressed hope that this case would be the one to remove federal protections for the procedure. Such a ruling would give the right to regulate abortions at any point in pregnancy back to the states, many of which in the South and Midwest have imposed tough restrictions.

“There’s a great sense of inspiration across the country right now,” said Mike Gonidakis, president of Ohio Right to Life. “This is the best court we’ve had in my lifetime, and we hope and pray that this is the case to do it.”

In a statement, Marjorie Dannenfelser, president of Susan B. Anthony List, a national anti-abortion organization, called the court’s move “a landmark opportunity to recognize the right of states to protect unborn children,” and noted that state legislatures have introduced hundreds of bills restricting abortion in this legislative season.

At The Daily Beast, Emily Shugerman writes that Biden is being criticized for not doing enough to protect abortion rights: Abortion Is on SCOTUS’ Radar—and Biden Is Getting Heat.

Abortions rights advocates cheered when Joe Biden was elected, heralding his win as a “seismic shift” and a “welcome change.” Now, with the nationwide right to an abortion on the line, they’re getting a little impatient.

After Abortion, by Zois Shuttie

After Abortion, by Zois Shuttie

On Monday, the Supreme Court announced it would take on a Mississippi case that has the potential to overturn Roe v Wade, the 1973 decision making abortion legal across the country. If that happens, nearly half of the U.S. would move to prohibit the procedure, according to the Center for Reproductive Rights.

Advocates see the decision to take on the case as a massive threat to abortion rights—and one Biden may not be taking seriously enough.

“He turned his back on people who have abortions as soon as he got into office,” said Renee Bracey Sherman, executive director of the abortion advocacy group We Testify. “What happened this morning at the Supreme Court is what happens when you turn your backs on us and ignore the restrictions we’re facing every single day.”

Pressure on Biden to act more decisively began mounting April 29, when more than 140 organizations called on the administration to prioritize changes to U.S. sexual and reproductive rights law recommended by the United Nations. The day before, nearly 60 women’s rights organizations—including Planned Parenthood and NARAL, which spent tens of millions of dollars to help elect the president—sent a letter to the administration asking them to increase funding for abortion and remove “unnecessary barriers” to access.

“The Biden-Harris administration and Congressional leadership must prioritize these policies for women and women of color,” they wrote, in a letter calling for multiple changes on behalf of American women. “We need to build back better for women and create lasting political, social and economic change.”

Click the link to read the rest.

There is much more news, and I’ll post more links in the comment thread, but to me this is the biggest issue right now. Women are on the verge of losing the rights we have been fighting for since the late 1960s. 

As always, treat this as an open thread.