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Tag: abortion rights

  • Biden campaign wants Floridians to see a new attack ad featuring Trump’s call for national abortion ban

    Biden campaign wants Floridians to see a new attack ad featuring Trump’s call for national abortion ban

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    A day after the Supreme Court upheld the state’s 15-week abortion law — which becomes a six-week ban throughout Florida starting next month — the Joe Biden reelection campaign has launched a new 30-second television ad starting Tuesday attacking Donald Trump’s stance on reproductive rights.

    The ad will air on local broadcast and cable stations in Florida, as well as key battleground states across the country.

    The ad begins with Trump — who resides in Florida — boasting about his selection of three Supreme Court justices during his term in office, which helped to get the 1973 Roe v. Wade decision legalizing a woman’s federal right to an abortion overturned. “Because for 54 years they were trying to get Roe v. Wade terminated – and I did it. And I’m proud to have done it,” Trump is shown saying in the ad. (The three justices are Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.)

    Trump recently told a New York City radio station that he is likely to support a 15-week federal ban on abortions, with exceptions for rape, incest and life-threatening conditions, as reported by The New York Times.

    “The number of weeks, now, people are agreeing on 15, and I’m thinking in terms of that, and it’ll come out to something that’s very reasonable,” Trump said on March 20 to WABC Radio. “But people are really — even hard-liners are agreeing, seems to be 15 weeks, seems to be a number that people are agreeing at. But I’ll make that announcement at the appropriate time.”

    The Biden campaign says that this ad is part of the Team Biden-Harris $30 million spring ad campaign targeting voters in battleground states — which Florida has not been considered up until now this year. The press release shows that the ad will be air on stations such as ESPN, TNT, FX, Adult Swim and Comedy Central “during high-viewership prime programming like the CMT Awards, SNL, The Voice and American Idol.” It will also air digitally on platforms like Facebook, Instagram and YouTube.

    “Donald Trump overturning Roe is the reason millions of women across the country cannot access lifesaving health care — and as this ad shows, Trump’s proud of what he’s done,” said Biden-Harris 2024 Campaign Manager Julie Chavez Rodriguez in the press release.

    “Now Trump wants to go further and ban abortion nationwide if he’s elected – depriving women of the fundamental right to make their own health care decisions and putting lives at risk. On the heels of Florida’s extreme abortion ban going into effect, women across the country are seeing firsthand that our rights are on the line this election, and President Biden and Vice President Harris are the only candidates who will fight like hell to protect a woman’s right to choose.”

    Vice President Kamala Harris issued a statement this morning, criticizing the Florida Supreme Court’s decision on upholding what will soon be a six-week abortion ban in Florida.

    “This decision means that millions of women in Florida and across the Southeast will likely live in an even more cruel reality where they face a choice between putting their lives at risk or traveling hundreds or thousands of miles to get care. Doctors will continue to be threatened with criminal prosecution for doing their jobs, and women may be barred from getting the health care they need in the event of rape or incest,” she said.

    “Donald Trump created this health care crisis, and he has no plans to stop now.

    “For Donald Trump, it is not enough that more than 1 in 3 women of reproductive age in America live in a state with a ban. It is not enough that millions of women in America have fewer rights than their mothers and grandmothers. Yet, if Donald Trump has his way, he’ll gut abortion care in every state across the country — and he has the plans to do it. President Biden and I will do everything in our power to stop him and restore women’s reproductive freedom.”

    You can watch the ad below.


    Florida Phoenix
    is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Diane Rado for questions: [email protected]. Follow Florida Phoenix on Facebook and Twitter.

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    Mitch Perry, Florida Phoenix

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  • Florida Supreme Court misses deadline for posting rulings on abortion, recreational cannabis amendments

    Florida Supreme Court misses deadline for posting rulings on abortion, recreational cannabis amendments

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    Photo by Matt Keller Lehman

    Suspense over the future of the proposed abortion-rights state constitutional amendment deepened Thursday when the Florida Supreme Court let the day pass without ruling on whether the measure can appear on the November ballot.

    The same applies to a separate proposed amendment to allow adult use of cannabis. The rulings were highly anticipated on the day of the week when the court typically releases written opinions, but the court’s press office issued a notice at 11 a.m.: “There are no Florida Supreme Court opinions ready for release today, March 28, 2024.”

    The Florida Constitution gives the court a deadline of April 1 to rule on whether any citizens’ initiative meet the requirements for that November’s ballot placement — Monday. The court will be closed on Friday in observance of Good Friday.

    “We can expect an out of calendar opinion release,” Democratic House member Anna Eskamani of Orange County wrote on X — meaning all bets are off in terms of timing.

    The text of the abortion amendment says: “Limiting government interference with abortion. — Except as provided in Article X, Section 22, no law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.”

    Floridians Protecting Freedom, organized following the Dodd v. Jackson Women’s Health Organization ruling overturning Roe v. Wade in 2022, collected close to 1 million petition signatures to place the initiative on the ballot.

    The issue before the court is whether the measure’s ballot summary fairly describes what it would do without ambiguity or logrolling, meaning sweeping more than one constitutional change under one banner. The court heard oral arguments on Feb. 7.

    The summary reads: “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider. This amendment does not change the Legislature’s constitutional authority to require notification to a parent or guardian before a minor has an abortion.”

    Republican Attorney General Ashley Moody and anti-abortion groups argued against allowing either amendment to go to the voters.

    A group called Smart & Safe has spent more than $40 million on the cannabis initiative so far, with nearly all that funding coming from Trulieve, according to the Florida Division of Elections. Trulieve is one of the nation’s largest multi-state cannabis operators.

    Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Diane Rado for questions: [email protected]. Follow Florida Phoenix on Facebook and Twitter.

    Subscribe to Orlando Weekly newsletters.

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    Michael Moline, Florida Phoenix

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  • The court can’t stop abortion pills

    The court can’t stop abortion pills

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    Ezra Dickinson , Shout Your Abortion

    A wheatpaste message from Shout Your Abortion reads, “Fuck The Courts Abortion Forever.”

    On Tuesday, the United States Supreme Court took a decisive step in the long-standing controversy over abortion post-Roe v. Wade by examining the regulatory framework surrounding mifepristone, a key drug in medical abortion protocols. This case, spotlighted for its profound implications on reproductive healthcare and the regulatory authority of the FDA, underscores the ongoing and contentious battle over abortion access in America.

    The case concerns the regulation and access to mifepristone, a drug used in the majority of medical abortions across the nation. Initiated by the Texas-based Alliance for Hippocratic Medicine against the FDA’s policies, the dispute highlights significant disagreements on the safety, oversight, and accessibility of the abortion pill. These policies, which have been liberalized over the years, now allow the drug to be prescribed via telemedicine and mailed directly to patients. The challenge questions both the FDA’s original approval of mifepristone for abortion and its subsequent decisions to ease access restrictions, implicating broader debates over reproductive health care, regulatory authority, and the impact of judicial decisions on medical practice.

    The defendants in the case, represented by the Biden administration and Danco Laboratories (the distributor of mifepristone), argued strongly in favor of maintaining access under the FDA’s current regulations. They contended that the lower court rulings, which sought to restrict access to the drug, were unprecedented and contradicted the FDA’s scientific judgment. The administration emphasized the potential regulatory chaos and significant impacts on healthcare access that could arise from upholding these rulings. They highlighted that the drug’s safety profile is well-documented, with a complication rate lower than many over-the-counter medications, and warned that curtailing access to mifepristone could undermine trust in the regulatory framework and affect other medications, including contraceptives and vaccines. Danco Laboratories, meanwhile, described the situation as an “untenable limbo,” arguing that without the FDA approvals, they would not be able to legally market and distribute the drug, further complicating access for those in need.

    The prevalence of medication abortions in the U.S. underscores their significance in reproductive healthcare. The Centers for Disease Control and Prevention (CDC) reported that, as of 2021, medication abortions accounted for 56% of all abortions in the U.S., marking a rise from previous years. Mifepristone, used in combination with misoprostol for medical abortion, has a well-documented safety record supported by decades of data and is approved for use in nearly 100 countries. Since its FDA approval in 2000, extensive evidence has demonstrated mifepristone’s safety and effectiveness, showing it to be a crucial component of reproductive healthcare. It’s a part of the World Health Organization’s list of essential medicines due to its role in decreasing the incidence of unsafe abortions and is considered safe for use through ten weeks of gestation.

    The FDA announced in April 2021 that it would temporarily allow abortion pills, including mifepristone, to be mailed to patients during the COVID-19 pandemic. This decision facilitated the prescription of mifepristone via telehealth by enabling patients to receive the medication without requiring an in-person visit to a healthcare facility. Following this temporary allowance, in December 2021, the FDA issued a permanent decision to allow the mailing of abortion pills, expanding access through telehealth and pharmacies.

    This move by the FDA was supported by extensive research demonstrating that telemedicine abortions are as safe and effective as in-person care. A large multi-state study, for instance, analyzed records from nearly 6,000 patients receiving medication abortion either through telemedicine or in person and found that outcomes for medication abortion via telemedicine are comparable with those provided in person, with very rare complications​.

    Furthermore, even in states where abortion access is heavily restricted, telehealth has continued to rise as a critical means for patients to obtain necessary care. Studies and organizations advocating for reproductive rights have emphasized the importance of telehealth in maintaining access to abortion pills, highlighting its safety and effectiveness, and noting that more Americans are using telehealth to access or even stockpile abortion pills in anticipation of future needs​.

    For the majority of Americans, telehealth has emerged as the primary, if not sole, avenue for accessing abortion care. This trend is not limited to states where abortion services have been heavily restricted or outright criminalized. In rural areas, such as those found in Northern Michigan, the challenges of geographical isolation and scarcity of healthcare providers compound the issue, making telehealth a crucial option for those seeking abortion care.

    The financial impact of in-clinic abortions, often exceeding $600 per procedure, significantly burdens those seeking abortion care. This cost does not include additional financial pressures such as lost wages from taking time off work, travel expenses to the clinic, and, when necessary, accommodations for overnight stays due to distant providers. These accumulated costs render in-clinic abortions a challenging option for many, particularly in areas even with several clinics, such as metro Detroit. Here, despite the availability of clinics, the high costs of procedures often present an insurmountable barrier, making medication abortion a more viable option. Offering a cost-effective solution for those navigating financial obstacles, medication abortions are available online, with prices ranging from no cost up to $150. The medications are delivered directly to homes, representing a practical alternative for individuals unable to afford clinical care.

    Although medication abortion is demonstrated to be safer than widely prescribed medications such as penicillin and Viagra, the contention surrounding it is driven not by its medical application but rather by its political implications. The truth is that the anti-choice movement perceives abortion medication delivered via telehealth as a significant loophole, representing a modern method for ensuring abortion access despite legislative restrictions. Despite the availability of evidence showcasing its effectiveness and safety, as well as data highlighting the adverse outcomes of denying access to abortion, opponents of abortion rights persist in advancing their agenda, regardless of the consequences for the health and well-being of those seeking care and their families.

    During Tuesday’s oral arguments, the Supreme Court appeared inclined to reject challenges to the availability of abortion pills.

    The litigants maintain that attending to patients who have used abortion medications violates their personal moral and religious convictions, and while Supreme Court Justice Ketanji Brown Jackson and Solicitor General Elizabeth Prelogar emphasized that the plaintiffs’ ethical dilemmas are already mitigated by established federal conscience protections, the lawsuit seeks to impose stringent restrictions on these medications, which would restrict availability to all people in the U.S. The court appeared skeptical about the necessity to amend FDA regulations universally just to accommodate the concerns of a specific group.

    The final decision is likely to remain uncertain until June, when the Court typically announces its rulings on highly debated cases. In the meantime, we can take away that the anti-choice movement is strategically targeting the scientific and regulatory underpinnings of abortion rights, focusing on legal challenges and efforts to sway public opinion to restrict access to abortion services.

    The anti-choice movement’s tactics align with its long-standing approach of disseminating misleading information about abortion medication and organizations like Planned Parenthood, as well as their widespread success in restricting access to comprehensive sexual education and establishment of so called “Crisis Pregnancy Centers,” which masquerade as legitimate abortion clinics but instead aim to dissuade individuals from seeking abortion care through misleading counseling and information.

    Republican voters, particularly those with strong evangelical beliefs, have significantly influenced the GOP’s stance on abortion, despite representing the minority of Americans who oppose abortion access. This focus has led to a strategic alignment with anti-abortion policies, aiming to secure and mobilize the evangelical base in support of Republican candidates, as seen in recent election cycles. This strategic alignment underscores a prioritization of appeasing a specific voter base rather than legislating in the best interest of the country’s citizens based on empirical data and objective analysis.

    While Republicans have undeniably capitalized on the abortion debate for electoral gains, Democrats have also leveraged it to their advantage. For decades, Democrats have campaigned on safeguarding reproductive access, with Vice President Kamala Harris recently launching a “Reproductive Freedoms Tour” as part of the Biden-Harris 2024 campaign. Despite substantial financial investments in supporting pro-choice candidates, the erosion of protections under Roe v. Wade persists. The absence of an effective mechanism to hold elected officials accountable for their campaign pledges suggests that abortion has become a potent rallying point for committed single-issue voters, offering little impetus for either party to seek resolution on the matter.

    However, hope does lie at the end of the tunnel. According to new research published in the medical journal JAMA on Monday, there were about 26,000 more self-managed medication abortions than expected based on pre-Dobbs trends and about half of the pills for self-managed medication abortions were provided by community organizations outside of the formal healthcare system. Community networks supplying abortion pills typically consist of grassroots organizations or advocacy groups operating at local, national, or international levels and provide access to reproductive healthcare, including abortion services, to individuals who may face barriers such as financial constraints, geographical distance from clinics, or legal restrictions.

    These provisions are frequently established outside legal frameworks, ensuring that safe, effective, and affordable abortion medication is accessible to anyone in need, regardless of judicial rulings or current elected officials. Currently, abortion medication is available by mail in all 50 states. Although this form of medication is highly safe, its legal standing in the United States remains precarious. A 2023 study by If/When/How reported that 61 people were criminally investigated or arrested for allegedly ending their own pregnancy 2000 and 2020.

    Given that the criminal justice system disproportionately impacts marginalized communities, it follows that abortion regulations will similarly affect these groups, especially Black individuals and low-income people of color. This pattern suggests that any restrictions or criminalization of self-managed abortions will most heavily impact those already facing systemic inequalities. That’s exactly what the data reported by If/When/How shows. Out of 54 cases that involved adults investigated for pregnancy termination, more than 40% of the cases involved people of color.

    In a significant number of instances, healthcare providers, uncertain about legal obligations and concerned over potential prosecution for complicity, have reported patients to authorities. It’s important to note, however, that no current state or federal legislation mandates medical professionals to report instances of self-managed abortions to law enforcement. Proper patient education on the expected outcomes of medication abortions would likely decrease unnecessary emergency room visits. Moreover, informed patients might refrain from disclosing their use of abortion medication to healthcare staff, as medically, a self-managed abortion is indistinguishable from a miscarriage.

    This implies that irrespective of the Supreme Court case’s resolution, if the anti-choice advocates have managed to sow sufficient doubt regarding the safety and legal status of abortion pills, thereby leaving individuals in need of this essential medication uncertain about its administration or where to seek assistance and healthcare providers unsure of their duties, we are likely to witness a surge in avoidable regulatory crackdowns. This underscores the danger of both restricting access to information on self-managed abortions and spreading misinformation about them. These actions can significantly jeopardize public health and safety, as they contribute to confusion and potential harm among those seeking safe abortion methods.

    Fortunately, comprehensive support networks are being built across the country and expanding to assist individuals, irrespective of legal constraints. Organizations such as Plan C Pills and Aid Access are connecting folks with safe and affordable medication and have committed to providing information about how to obtain abortion pills regardless of what the courts decide. The Miscarriage + Abortion hotline is staffed by doctors with years of experience caring for miscarriage and abortion are available by phone for all questions and concerns throughout an abortion or miscarriage, and the Repro Legal Helpline can answer legal questions about abortion.

    These organizations, along with many others, form a unified front of support, ensuring that everyone, no matter their location, can access abortion pills safely. The truth is, it’s not feasible to limit the distribution of abortion pills via mail. The primary obstacle is simply the unawareness of the existence of these vital resources, and it’s something everyone can participate in.

    Our collective effort is critically needed: Gaining an understanding of how these support networks function and the necessary safety measures is essential. By securing abortion medication in advance, to have it on hand for either personal use or to assist others later, we enhance our shared resource network. By openly sharing this vital information, we can collaboratively work to expand abortion access throughout America for everyone.

    The courts can’t stop us, but we need your help.

    Jex Blackmore is a founding member of Hydra Mutual Aid Fund.

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    Jex Blackmore

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  • How a medication abortion, also known as an ‘abortion pill,’ works | CNN

    How a medication abortion, also known as an ‘abortion pill,’ works | CNN

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    CNN
     — 

    While the fate of mifepristone, one of two drugs used for medication abortions, is in the hands of the US Supreme Court, the drug continues to be available in states where abortion is legal.

    “While many women obtain medication abortion from a clinic or their OB-GYN, others obtain the pills on their own to self-induce or self-manage their abortion,” said Dr. Daniel Grossman, a professor of obstetrics, gynecology and reproductive sciences at the University of California, San Francisco.

    “A growing body of research indicates that self-managed abortion is safe and effective,” he said.

    Mifepristone blocks the hormone progesterone, which is needed for a pregnancy to continue. The drug is approved to end a pregnancy through 10 weeks’ gestation, which is “70 days or less since the first day of the last menstrual period,” according to the FDA.

    In a medication abortion, a second drug, misoprostol, is taken within the next 24 to 48 hours. Misoprostol causes the uterus to contract, creating cramping and bleeding. Approved for use in other conditions, such as preventing stomach ulcers, the drug has been available at pharmacies for decades.

    Together, the two drugs are commonly known as the “abortion pill,” which is now used in more than half of the abortions in the United States, according to the Guttmacher Institute, a research group that supports abortion rights.

    “Some people do this because they cannot access a clinic — particularly in states with legal restrictions on abortion — or because they have a preference for self-care,” said Grossman, who is also the director of Advancing New Standards in Reproductive Health, a research group that evaluates the pros and cons of reproductive health policies and publishes studies on how abortion affects a woman’s health.

    READ MORE: With US Supreme Court abortion drug hearing looming, study shows how self-managed abortion became more common post-Dobbs

    What happens during a medication abortion? To find out, CNN spoke with Grossman. This conversation has been condensed and edited for clarity.

    CNN: What is the difference between a first-trimester medication abortion and a vacuum aspiration in terms of what a woman experiences?

    Dr. Daniel Grossman: A vacuum aspiration is most commonly performed under a combination of local anesthetic and oral pain medications or local anesthetic together with intravenous sedation, or what is called conscious sedation.

    An injection of local anesthetic is given to the area around the cervix, and the cervix is gently dilated or opened up. Once the cervix is opened, a small straw-like tube is inserted into the uterus, and a gentle vacuum is used to remove the pregnancy tissue. Contrary to what some say, if the procedure is done before nine weeks or so, there’s nothing in the tissue that would be recognizable as a part of an embryo.

    The aspiration procedure takes just a couple of minutes. Then the person is observed for one to two hours until any sedation has worn off. We also monitor each patient for very rare complications, such as heavy bleeding.

    A medication abortion is a more prolonged process. After taking the pills, bleeding and cramping can occur over a period of days. Bleeding is typically heaviest when the actual pregnancy is expelled, but that bleeding usually eases within a few hours. On average people continue to have some mild bleeding for about two weeks or so, which is a bit longer than after a vacuum aspiration.

    Nausea, vomiting, fever, chills, diarrhea and headache can occur after using the abortion pill, and everyone who has a successful medication abortion usually reports some pain.

    In fact, the pain of medication abortion can be quite intense. In the studies that have looked at it, the average maximum level of pain that people report is about a seven to eight out of 10, with 10 being the highest. However, people also say that the pain can be brief, peaking just as the pregnancy is being expelled.

    The level of cramping and pain can depend on the length of the pregnancy as well as whether or not someone has given birth before. For example, a medical abortion at six weeks or less gestation typically has less pain and cramping than one performed at nine weeks. People who have given birth generally have less pain.

    CNN: What can be done to help with the pain of a medication abortion?

    Grossman: There are definitely things that can be used to help with the pain. Research has shown that ibuprofen is better than acetaminophen for treating the pain of medication abortion. We typically advise people to take 600 milligrams every six hours or so as needed.

    Some people take tramadol, a narcotic analgesic, or Vicodin, which is a combination of acetaminophen and hydrocodone. Recent research I was involved in found medications like tramadol can be helpful if taken prophylactically before the pain starts.

    Another successful regimen that we studied combined ibuprofen with a nausea medicine called metoclopramide that also helped with pain. Other than ibuprofen, these medications require a prescription.

    Another study found that a TENS device, which stands for transcutaneous electrical nerve stimulator, helps with the pain of medication abortion. It works through pads put on the abdomen that stimulate the nerves through mild electrical shocks, thus interfering with the pain signals. That’s something people could get without a prescription.

    Pain can be an overlooked issue with medication abortion because, quite honestly, as clinicians, we’re not there with patients when they are in their homes going through this. But as we’ve been doing more research on people’s experiences with medication abortion, it’s become quite clear that pain control is really important. I think we need to do a better job of treating the pain and making these options available to patients.

    CNN: Are there health conditions that make the use of a medication abortion unwise?

    Grossman: Undergoing a medication abortion can be dangerous if the pregnancy is ectopic, meaning the embryo is developing outside of the uterus. It’s rare, happening in about two out of every 100 pregnancies — and it appears to be even rarer among people seeking medication abortion.

    People who have undergone previous pelvic, fallopian tube or abdominal surgery are at higher risk of an ectopic pregnancy, as are those with a history of pelvic inflammatory disease. Certain sexually transmitted infections can raise risk, as does smoking, a history of infertility and use of infertility treatments such as in vitro fertilization (IVF).

    If a person is on anticoagulant or blood thinning drugs or has a bleeding disorder, a medication abortion is not advised. The long-term use of steroids is another contraindication for using the abortion pill.

    Anyone using an intrauterine device, or IUD, must have it removed before taking mifepristone because it may be partially expelled during the process, which can be painful.

    People with chronic adrenal failure or who have inherited a rare disorder called porphyria are not good candidates.

    CNN: Are there any signs of trouble a woman should watch for after undergoing a medication abortion?

    Grossman: It can be common to have a low-grade fever in the first few hours after taking misoprostol, the second drug in a medication abortion. If someone has a low-grade fever — 100.4 degrees to 101 degrees Fahrenheit — that lasts more than four hours, or has a high fever of over 101 degrees Fahrenheit after taking the medications, they do need to be evaluated by a health care provider.

    Heavy bleeding, which would be soaking two or more thick full-size pads an hour for two consecutive hours, or a foul-smelling vaginal discharge should be evaluated as well.

    One of the warning signs of an ectopic pregnancy is severe pelvic pain, particularly on one side of the abdomen. The pain can also radiate to the back. Another sign is getting dizzy or fainting, which could indicate internal bleeding. These are all very rare complications, but it’s wise to be on the lookout.

    We usually recommend that someone having a medication abortion have someone with them during the first 24 hours after taking misoprostol or until the pregnancy has passed. Many people specifically choose to have a medication abortion because they can be surrounded by a partner, family or friends.

    Most people know that the abortion is complete because they stop feeling pregnant, and symptoms such as nausea and breast tenderness disappear, usually within a week of passing the pregnancy. A home urine pregnancy test may remain positive even four to five weeks after a successful medication abortion, just because it takes that long for the pregnancy hormone to disappear from the bloodstream.

    If someone still feels pregnant, isn’t sure if the pregnancy fully passed or has a positive pregnancy test five weeks after taking mifepristone, they need to be evaluated by a clinician.

    People should know that they can ovulate as soon as two weeks after a medication abortion. Most birth control options can be started immediately after a medication abortion.

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  • Sonia Sotomayor Should Retire Now

    Sonia Sotomayor Should Retire Now

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    On Election Day in 2006, Justice Antonin Scalia was 70 years old and had been serving on the Supreme Court for 20 years. That year would have been an opportune time for him to retire—Republicans held the White House and the Senate, and they could have confirmed a young conservative justice who likely would have held the seat for decades to come. Instead, he tried to stay on the Court until the next time a Republican president would have a clear shot to nominate and confirm a conservative successor.

    He didn’t make it—he died unexpectedly in February 2016, at the age of 79, while Barack Obama was president. Conservatives nevertheless engineered some good fortune: There was divided control of government, and then–Senate Majority Leader Mitch McConnell refused to even hold confirmation hearings for Merrick Garland, Obama’s nominee to the seat. Donald Trump won that fall’s election and named Neil Gorsuch to the seat that McConnell had held open.

    But imagine for a moment that Hillary Clinton had won the 2016 election, as many expected. By running a few points stronger, she might have taken Democratic candidates across the finish line in close races in Pennsylvania and Missouri, resulting in Democratic control of the Senate. In that scenario, Clinton would have named a liberal successor to Scalia—more liberal than Garland—and conservatives would have lost control of the Court, all because of Scalia’s failure to retire at the opportune moment.

    Justice Sonia Sotomayor will turn 70 in June. If she retires this year, President Joe Biden will nominate a young and reliably liberal judge to replace her. Republicans do not control the Senate floor and cannot force the seat to be held open like they did when Scalia died. Confirmation of the new justice will be a slam dunk, and liberals will have successfully shored up one of their seats on the Court—playing the kind of defense that is smart and prudent when your only hope of controlling the Court again relies on both the timing of the death or retirement of conservative judges and not losing your grip on the three seats you already hold.

    But if Sotomayor does not retire this year, we don’t know when she will next be able to retire with a likely liberal replacement. It’s possible that Democrats will retain the presidency and the Senate in this year’s elections, in which case the insurance created by a Sotomayor retirement won’t have been necessary. But if Democrats lose the presidency or the Senate this fall—or both—she’ll need to stay on the bench until the party once again controls them. That could be just a few years, or it could be longer. Democrats have previously had to wait as long as 14 years (1995 to 2009). In other words, if Sotomayor doesn’t retire this year, she’ll be making a bet that she will remain fit to serve until possibly age 78 or even 82 or 84—and she’ll be forcing the whole Democratic Party to make that high-stakes bet with her.

    If Democrats lose the bet, the Court’s 6–3 conservative majority will turn into a 7–2 majority at some point within the next decade. If they win the bet, what do they win? They win the opportunity to read dissents written by Sotomayor instead of some other liberal justice. This is obviously an insane trade. Democrats talk a lot about the importance of the Court and the damage that has been done since it has swung in a more conservative direction, most obviously including the end of constitutional protections for abortion rights. So why aren’t Democrats demanding Sotomayor’s retirement?

    Well, they are whispering about it. Politico reported in January:

    Some Democrats close to the Biden administration and high-profile lawyers with past White House experience spoke to West Wing Playbook on condition of anonymity about their support for Sotomayor’s retirement. But none would go on the record about it. They worried that publicly calling for the first Latina justice to step down would appear gauche or insensitive. Privately, they say Sotomayor has provided an important liberal voice on the court, even as they concede that it would be smart for the party if she stepped down before the 2024 election.

    This is incredibly gutless. You’re worried about putting control of the Court completely out of reach for more than a generation, but because she is Latina, you can’t hurry along an official who’s putting your entire policy project at risk? If this is how the Democratic Party operates, it deserves to lose.

    The cowardice in speaking up about Sotomayor—a diabetic who has in some instances traveled with a medic—is part of a broader insanity in the way that the Democratic Party thinks about diversity and representation. Representation is supposed to be important because the presence of different sorts of people in positions of power helps ensure that the interests and preferences of various communities are taken into account when making policy. But in practice, Democratic Party actions regarding diversity tend to be taken for the benefit of officials rather than demographic groups. What’s more important for ordinary Latina women who support Democrats—that there not be one more vote against abortion rights on the Supreme Court, or that Sotomayor is personally there to write dissenting opinions? The answer is obvious, unless you work in Democratic politics for a living, in which case it apparently becomes a difficult call.

    I thought Democrats had learned a lesson from the Ruth Bader Ginsburg episode about the importance of playing defense on a Court where you don’t hold the majority. Building a cult of personality around one particular justice served to reinforce the idea that it was reasonable for her to stay on the bench far into old age, and her unfortunate choice to do so ultimately led to Amy Coney Barrett’s appointment and a string of conservative policy victories. All liberals have to show for this stubbornness is a bunch of dissents and kitsch home decor. In 2021, it seemed that liberals had indeed learned their lesson—not only was there a well-organized effort to hound the elderly Stephen Breyer out of office, but the effort was quite rude. (I’m not sure screaming “Retire, bitch” at Stephen Breyer was strictly necessary, but I wasn’t bothered by it either—he was a big boy, and he could take it.) But I guess maybe the lesson was learned only for instances where the justice in question is a white man.

    One obvious response to this argument is that the president is also old—much older, indeed, than Sonia Sotomayor. I am aware, and I consider this to be a serious problem. But Democrats are unlikely to find a way to replace Biden with a younger candidate who enhances their odds of winning the election. The Sotomayor situation is different. Her age problem can be dealt with very simply by her retiring and the president picking a candidate to replace her who is young and broadly acceptable (maybe even exciting) to Democratic Party insiders. And if Democrats want to increase the odds of getting there, they should be saying in public that she should step down. In order to do that, they’ll have to get over their fear of being called racist or sexist or ageist.

    This article was adapted from a post on Josh Barro’s Substack, Very Serious.

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    Josh Barro

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  • Notable US Supreme Court Decisions Fast Facts | CNN

    Notable US Supreme Court Decisions Fast Facts | CNN

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    CNN
     — 

    Here’s a look at some of the most important cases decided by the US Supreme Court since 1789.

    1803Marbury v. Madison
    This decision established the system of checks and balances and the power of the Supreme Court within the federal government.

    Situation: Federalist William Marbury and many others were appointed to positions by outgoing President John Adams. The appointments were not finalized before the new Secretary of State James Madison took office, and Madison chose not to honor them. Marbury and the others invoked an Act of Congress and sued to get their appointed positions.

    The Court decided against Marbury 6-0.

    Historical significance: Chief Justice John Marshall wrote, “An act of the legislature repugnant to the constitution is void.” It was the first time the Supreme Court declared unconstitutional a law that had been passed by Congress.

    1857 – Dred Scott v. Sandford
    This decision established that slaves were not citizens of the United States and were not protected under the US Constitution.

    Situation: Dred Scott and his wife Harriet sued for their freedom in Missouri, a slave state, after having lived with their owner, an Army surgeon, in the free Territory of Wisconsin.

    The Court decided against Scott 7-2.

    Historical significance: The decision overturned the Missouri Compromise, where Congress had prohibited slavery in the territories. The Dred Scott decision was overturned later with the adoption of the 13th Amendment, abolishing slavery in 1865 and the 14th Amendment in 1868, granting citizenship to all born in the United States.

    1896 – Plessy v. Ferguson
    This decision established the rule of segregation, separate but equal.

    Situation: While attempting to test the constitutionality of the Separate Car Law in Louisiana, Homer Plessy, a man of 1/8 African descent, sat in the train car for whites instead of the blacks-only train car and was arrested.

    The Court decided against Plessy 7-1.

    Historical significance: Justice Henry Billings Brown wrote, “The argument also assumes that social prejudice may be overcome by legislation and that equal rights cannot be secured except by an enforced commingling of the two races… if the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.” The Court gave merit to the “Jim Crow” system. Plessy was overturned by the Brown v. Board of Education decision. In January 2022 Louisiana Governor John Bel Edwards granted a posthumous pardon to Homer Plessy. The pardon comes after the Louisiana Board of Pardons voted unanimously in November 2021 in favor of a pardon for Plessy, who died in his 60s in 1925.

    1954 – Brown v. Board of Education
    This decision overturned Plessy v. Ferguson and granted equal protection under the law.

    Situation: Segregation of the public school systems in the United States was addressed when cases in Kansas, South Carolina, Delaware and Virginia were all decided together under Brown v. Board of Education. Third-grader Linda Brown was denied admission to the white school a few blocks from her home and was forced to attend the blacks-only school a mile away.

    The Court decided in favor of Brown unanimously.

    Historical significance: Racial segregation violates the Equal Protection Clause of the 14th Amendment.

    1963 – Gideon v. Wainwright
    This decision guarantees the right to counsel.

    Situation: Clarence Earl Gideon was forced to defend himself when he requested a lawyer from a Florida court and was refused. He was convicted and sentenced to five years for breaking and entering.

    The Court decided in favor of Gideon unanimously.

    Historical significance: Ensures the Sixth Amendment’s guarantee to counsel is applicable to the states through the 14th Amendment’s due process clause.

    1964New York Times v. Sullivan
    This decision upheld the First Amendment rights of freedom of speech and freedom of the press.

    Situation: The New York Times and four African-American ministers were sued for libel by Montgomery, Alabama, police commissioner L.B. Sullivan. Sullivan claimed a full-page ad in the Times discussing the arrest of Martin Luther King Jr., and his efforts toward voter registration and integration in Montgomery were defamatory against him. Alabama’s libel law did not require Sullivan to prove harm since the ad did contain factual errors. He was awarded $500,000.

    The Court decided against Sullivan unanimously.

    Historical significance: The First Amendment protects free speech and publication of all statements about public officials made without actual malice.

    1966Miranda v. Arizona
    The decision established the rights of suspects against self-incrimination.

    Situation: Ernesto Miranda was convicted of rape and kidnapping after he confessed, while in police custody, without benefit of counsel or knowledge of his constitutional right to remain silent.

    The court decided in favor of Miranda 5-4.

    Historical significance: Upon arrest and/or questioning, all suspects are given some form of their constitutional rights – “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

    1973 – Roe v. Wade
    This decision expanded privacy rights to include a woman’s right to choose pregnancy or abortion.

    Situation: “Jane Roe” (Norma McCorvey), single and living in Texas, did not want to continue her third pregnancy. Under Texas law, she could not legally obtain an abortion.

    The Court decided in favor of Roe 7-2.

    Historical significance: Abortion is legal in all 50 states. Women have the right to choose between pregnancy and abortion.

    1974 – United States v. Nixon
    This decision established that executive privilege is neither absolute nor unqualified.

    Situation: President Richard Nixon’s taped conversations from 1971 onward were the object of subpoenas by both the special prosecutor and those under indictment in the Watergate scandal. The president claimed immunity from subpoena under executive privilege.

    The Court decided against Nixon 8-0.

    Historical significance: The president is not above the law. After the Court ruled on July 24, 1974, Richard Nixon resigned on August 8.

    1978 – Regents of the U. of California v. Bakke
    This decision ruled that race cannot be the only factor in college admissions.

    Situation: Allan Bakke had twice applied for and was denied admission to the University of California Medical School at Davis. Bakke was white, male and 35 years old. He claimed under California’s affirmative action plan, minorities with lower grades and test scores were admitted to the medical school when he was not, therefore his denial of admission was based solely on race.

    The Court decided in Bakke’s favor, 5-4.

    Historical significance: Affirmative action is approved by the Court and schools may use race as an admissions factor. However, the Equal Protection Clause of the 14th Amendment works both ways in the case of affirmative action; race cannot be the only factor in the admissions process.

    2012 – National Federation of Independent Business et al v. Sebelius, Secretary of Health and Human Services et al

    Situation: The constitutionality of the sweeping health care reform law championed by President Barack Obama.

    The Court voted 5-4 in favor of upholding the Affordable Care Act.

    Historical significance: The ruling upholds the law’s central provision – a requirement that all people have health insurance or pay a penalty.

    2013 – United States v. Windsor
    This decision ruled that the Defense of Marriage Act, which defined the term “marriage” under federal law as a “legal union between one man and one woman” deprived same-sex couples who are legally married under state laws of their Fifth Amendment rights to equal protection under federal law.

    Situation: Edith Windsor and Thea Spyer were married in Toronto in 2007. Their marriage was recognized by New York state, where they lived. Upon Spyer’s death in 2009, Windsor was forced to pay $363,000 in estate taxes, because their marriage was not recognized by federal law.

    The court voted 5-4 in favor of Windsor.

    Historical significance: The court strikes down section 3 of the Defense of Marriage Act, ruling that legally married same-sex couples are entitled to federal benefits.

    2015 – King et al, v. Burwell, Secretary of Health and Human Services, et al

    Situation: This case was about determining whether or not the portion of the Affordable Care Act which says subsidies would be available only to those who purchase insurance on exchanges “established by the state” referred to the individual states.

    The Court ruled 6-3 in favor of upholding the Affordable Care Act subsidies.

    Historical significance: The court rules that the Affordable Care Act federal tax credits for eligible Americans are available in all 50 states, regardless of whether the states have their own health care exchanges.

    2015 – Obergefell et al, v. Hodges, Director, Ohio Department of Health, et al.

    Situation: Multiple lower courts had struck down state same-sex marriage bans. There were 37 states allowing gay marriage before the issue went to the Supreme Court.

    The Court ruled 5-4 in favor of Obergefell et al.

    Historical significance: The court rules that states cannot ban same-sex marriage and must recognize lawful marriages performed out of state.

    2016 – Fisher v. University of Texas

    Situation: Abigail Fisher sued the University of Texas after her admission application was rejected in 2008. She claimed it was because she is white and that she was being treated differently than some less-qualified minority students who were accepted. In 2013 the Supreme Court sent the case back to the lower courts for further review.

    The Court ruled 4-3 in favor of the University of Texas. Justice Elena Kagan recused herself from the case, presumably because she dealt with it in her previous job as solicitor general.

    Historical Significance: The court rules that taking race into consideration as one factor of admission is constitutional.

    2020 – Bostock v. Clayton County, Georgia

    Situation: Gerald Bostock filed a lawsuit against Clayton County for discrimination based on his sexual orientation after he was terminated for “conduct unbecoming of its employees,” shortly after he began participating in a gay softball league. Two other consolidated cases were also argued on the same day.

    The 6-3 opinion in favor of the plaintiff, written by Justice Neil Gorsuch and joined by Chief Justice John Roberts, states that being fired “merely for being gay or transgender violates Title VII” of the Civil Rights Act of 1964.

    Historical Significance: Federal anti-bias law now protects people who face job loss and/or discrimination based on their sexual orientation or gender identity.

    2022 – Dobbs v. Jackson Women’s Health Organization

    Situation: Mississippi’s Gestational Age Act, passed in 2018 and which greatly restricts abortion after 15 weeks, is blocked by two federal courts, holding that it is in direct violation of Supreme Court precedent legalizing abortion nationwide prior to viability, which can occur at around 23-24 weeks of pregnancy, and that in an “unbroken line dating to Roe v. Wade, the Supreme Court’s abortion cases have established (and affirmed and re-affirmed) a woman’s right to choose an abortion before viability.” The court said states may “regulate abortion procedures prior to viability” so long as they do not ban abortion. “The law at issue is a ban,” the court held. 

    Mississippi appeals the decision to the Supreme Court.

    The 6-3 opinion in favor of the plaintiff, written by Justice Samuel Alito states that “Roe was egregiously wrong from the start…Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”

    In a joint dissenting opinion, Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan heavily criticized the majority, closing: “With sorrow – for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection – we dissent.”

    Historical Significance: The ruling overturns Roe v. Wade and there is no longer a federal constitutional right to an abortion, leaving abortion rights to be determined by states.

    1944 – Korematsu v. United States – The Court ruled Executive Order 9066, internment of Japanese citizens during World War II, is legal, 6-3 for the United States.

    1961 – Mapp v. Ohio – “Fruit of the poisonous tree,” evidence obtained through an illegal search, cannot be used at trial, 6-3 for Mapp.

    1967 – Loving v. Virginia – Prohibition against interracial marriage was ruled unconstitutional, 9-0 for Loving.

    1968 – Terry v. Ohio – Stop and frisk, under certain circumstances, does not violate the Constitution. The Court upholds Terry’s conviction and rules 8-1 that it is not unconstitutional for police to stop and frisk individuals without probable cause for an arrest if they have a reasonable suspicion that a crime has or is about to occur.

    2008 – District of Columbia v. Heller – The Second Amendment does protect the individual’s right to bear arms, 5-4 for Heller.

    2010 – Citizens United v. FEC – The Court rules corporations can contribute to PACs under the First Amendment’s right to free speech, 5-4 for Citizens United.

    2023 – Students for Fair Admissions v. Harvard together with Students for Fair Admissions v. University of North Carolina – Colleges and universities can no longer take race into consideration as a specific basis in admissions. The majority opinion, written by Justice John Roberts, claims the court is not expressly overturning prior cases authorizing race-based affirmative action and suggests that how race has affected an applicant’s life can still be part of how their application is considered.

    2024 – Donald J. Trump v. Norma Anderson, et al – The Court rules former President Donald Trump should appear on the ballot in Colorado in a decision that follows months of debate over whether Trump violated the “insurrectionist clause” included in the 14th Amendment.

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  • The People Rooting for the End of IVF

    The People Rooting for the End of IVF

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    Updated at 4:10 p.m. ET on March 11, 2024

    Chaos reigns in Alabama—or at least in the Alabama world of reproductive health. Three weeks ago, the state’s supreme court ruled that embryos should be treated as children, thrusting the future of in vitro fertilization, and of thousands of would-be Alabama parents, into uncertainty. Last week, state lawmakers scrambled to pass a legislative fix to protect the right of prospective parents to seek IVF, but they did so without addressing the court’s existential questions about personhood.

    Meanwhile, those in the wider anti-abortion movement who oppose IVF are feeling hopeful. Whatever the outcome in Alabama, the situation has yanked the issue “into the public consciousness” nationwide, Aaron Kheriaty, a fellow at the conservative Ethics and Public Policy Center, told me. He and his allies object to IVF for the same reason that they object to abortion: Both procedures result, they believe, in the destruction of innocent life. And in an America without federal abortion protections, in which states will continue to redefine and recategorize what qualifies as life, more citizens will soon encounter what Kheriaty considers the moral hazards of IVF.

    In his ideal world, the anti-abortion movement would make ending IVF its new goal—the next frontier in a post-Roe society. The problem, of course, is that crossing that frontier will be bumpy, to say the least. IVF is extremely popular, and banning it is not—something President Joe Biden made a point of highlighting in his State of the Union speech last week. (A full 86 percent of Americans support keeping it legal, according to the latest polling.) “Even a lot of pro-lifers don’t want to touch this issue,” Kheriaty acknowledged. “It’s almost easier to talk about abortion.” But he and his allies see the Alabama ruling as a chance to start a national conversation about the morality of IVF—even if, at first, Americans don’t want to listen.

    After all, their movement has already won another unpopular, decades-long fight: With patience and dedication, pro-life activists succeeded in transforming abortion rights from a niche issue in religious circles to a mainstream cause—eventually making opposition to Roe a litmus test for Republican candidates. Perhaps, the thinking goes, pro-lifers could achieve the same with IVF.

    The typical IVF procedure goes like this: A doctor retrieves a number of eggs from a woman’s ovaries—maybe eight to 10—and fertilizes them with sperm in laboratory conditions. The fertilized eggs will grow in the lab for a few days, before one or more embryos will be selected for transfer to the woman’s uterus. A patient using IVF to get pregnant will likely have several embryos left over, and it’s up to the patient whether those extras are discarded, frozen for future use, or donated, either to research or to another couple.

    In the Alabama case, three couples were storing frozen embryos at an IVF clinic, where they were mistakenly destroyed. When the couples sued the clinic in a civil trial for the wrongful death of a child, the state supreme court ruled that they were entitled to damages, declaring in a novel interpretation of Alabama law that embryos qualify as children. The public’s response to the ruling can perhaps best be described as panicked. Two of the state’s major in-vitro-fertilization clinics immediately paused operations, citing uncertain legal liability, which disrupted many couples’ medical treatments and forced some out of state for care. Lawmakers across the country raced to clarify their position.

    But the ruling shouldn’t have come as such a shock, at least to the pro-life community. After all, “it’s a very morally consistent outcome” with what anti-abortion advocates have long argued—that life begins at conception—Andrew T. Walker, an ethics and public-theology professor at the Southern Baptist Theological Seminary, told me: “It’s the culmination of other pro-life arguments about human dignity, brought to the IVF domain.”

    The central criticism of IVF from Walker and others who share his opinion concerns the destruction of extra embryos, which they view as fully human. For some people, a degree of cognitive dissociation is required to look at a tiny embryo and see a human baby, which is a point that IVF defenders commonly make. (“I would invite them to try to change the diaper of an in vitro–fertilized egg,” Sean Tipton, the chief advocacy and policy officer at the American Society for Reproductive Medicine, told me. More soberly, Kate Devine, the medical director of US Fertility, a network of reproduction-focused practices, told me that referring to an embryo as a baby “is unjust and inaccurate and threatens to withhold highly efficacious family-building treatments from people affected by the disease of infertility.”)

    To IVF critics, however, an embryo is just a very young person. “The only real difference between those frozen embryos and me sitting here having this conversation with you is time,” Katy Faust, the president of the anti-abortion nonprofit Them Before Us, told me. “If you believe that children have a right to life, and that life begins at conception, then ‘Big Fertility’ as an industry is responsible for more child deaths than the abortion industry.” Faust’s organization argues from a “children’s rights” perspective, meaning it also believes that IVF is wrong, in part, because it allows single women and homosexual couples to have babies, which deprives children of having both a mother and a father.

    This leads to the other major criticism of IVF: that the process itself is so unnatural that it devalues sex and treats children as a commodity. The argument to which many religious Americans subscribe is that having children is a “cooperative act among husband, wife, and God himself,” John M. Haas, a former president of the National Catholic Bioethics Center, has written. “Children, in the final analysis, should be begotten not made.” The secular version of that opinion is that IVF poses all kinds of thorny bioethical quandaries, including questions about the implications of preimplantation genetic testing and the selection for sex and other traits. When a doctor takes babies “out of the normal process of conception, lines them up in a row, and picks which is the best baby, that brings a eugenicist mindset into it that’s really destructive,” Leah Sargeant, a Catholic writer, told me. “There are big moral complications and red flags that aren’t being treated as such.”

    She and the others believe that now is the time to stop ignoring those red flags. The Alabama Supreme Court has offered a chance to teach people about IVF—and the implications they may not yet be aware of. Some couples who’ve undergone IVF don’t even consider the consequences “until they themselves have seven [extra] frozen embryos,” Faust said, “and now they go, ‘Oh, shit, what do we do?’” The more Americans learn about IVF, the less they’ll use it, opponents argue, just as Americans have broadly moved away from international adoption for ethical reasons. Walker would advise faith leaders to counsel couples against the process. “As I’ve talked with people, they’ve come around,” he said.

    The IVF opponents I interviewed all made clear that they sympathize with couples struggling with infertility. But they also believe that not all couples will be able to have biological children. “Not every way of pursuing children turns out to be a good way,” Sargeant said; people will have to accept that “you don’t have total control over whether you get one.”

    None of these arguments is going to be an applause line for anti-IVF campaigners in most parts of the country. “I know that my view is deeply unpopular,” Walker told me, with a laugh. The Alabama ruling left Republicans in disarray: Even some hard-line social conservatives in Congress, including House Speaker Mike Johnson, have tried to distance themselves from it, arguing that they oppose abortion but support IVF from a natalist position. Democrats, meanwhile, are already using the issue as a wedge: If, in the lead-up to the 2024 election, they can connect Republicans’ support for Dobbs to the possible end of IVF, they’ll have an even easier job painting the GOP as extreme on reproductive health and out of touch with the average American voter.

    Even so, the anti-IVF people I interviewed say, at least Americans would be talking about it. Talking, they believe, is the beginning of persuasion. And they’re prepared to be patient.

    Earlier this week, Kheriaty texted me with what he seems to take as evidence that his movement is already making progress. He sent a comment he’d gotten from a reader in response to his latest column about the perils of IVF. “This troubling dilemma wasn’t on top of mind when we embarked on our IVF path,” the reader had written. The clinic had explained what would happen to their unused embryos, the woman said, but she hadn’t realized the issue “would loom” so heavily over her afterward.


    This article originally identified John M. Haas as the president of the National Catholic Bioethics Center; in fact, he is a former president of the center.

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  • Georgia Democrats propose bills seeking to protect access to contraception and IVF

    Georgia Democrats propose bills seeking to protect access to contraception and IVF

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    Georgia Democrats announced they’ll introduce similar bills in both legislative chambers designed to protect access to contraception and in vitro fertilization (IVF). Wednesday morning, state Senator Elena Parent, D-Atlanta, announced her bills Senate Bill 564, titled “The Right to Contraception Act” and Senate Bill 565, titled “The Right to IVF Act.” 

    Concurrently, state Rep. Marvin Lim, a Democrat from Norcross and state Rep. Teri Anulewicz, a Democrat from Smyrna, has filed a bill, House Bill 1424 with the same intentions as state Senator Parent’s bill.

    The Democrats have filed these bills due to the Alabama Supreme Court decision on IVF. On February 16th, the Alabama Supreme Court declared that embryos created through IVF should be considered children, according to the application of Alabama’s Wrongful Death of a Minor Act. 

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    Itoro N. Umontuen

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  • The Pro-life Movement’s Not-So-Secret Plan for Trump

    The Pro-life Movement’s Not-So-Secret Plan for Trump

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    Sign up for The Decision, a newsletter featuring our 2024 election coverage.

    Donald Trump has made no secret of the fact that he regards his party’s position on reproductive rights as a political liability. He blamed the “abortion issue” for his party’s disappointing showing in the 2022 midterms, and he recently blasted Florida Governor Ron DeSantis’s support for a six-week abortion ban. Trump seems eager to be the Republican who can turn this loser of a political issue into a winner.

    And we’ve just gotten a peek at how he plans to do it. Last week, The New York Times reported that Trump has expressed support for the idea of a national ban on abortions after 16 weeks of pregnancy except in the case of rape or incest, or to save the mother’s life.

    Anti-abortion activists, of course, don’t think such a restriction goes far enough. Some of Trump’s most important allies—including evangelical leaders and policy advisers—emphatically support a total ban, a position that Trump knows is poisonous. Trump doesn’t want to say anything official about a 16-week ban, the report said, until he’s clinched the nomination, to avoid turning off any hard-core primary voters who favor a total ban.

    After that, embracing a 16-week limit could benefit him in the general election. It would put some distance between himself and the hard-liners in his orbit, while helping him appeal to more moderate voters. And just as important, by making the conversation about gestational limits, Trump and his allies would distract voters from the far more expansive goals of dedicated abortion opponents.

    To unpack the 16-week proposal a little: The number is biologically arbitrary, for it bears no relation to fetal viability, as some state limits do. Sixteen is, apparently, just a pleasing number. “Know what I like about 16?” he reportedly said. “It’s even. It’s four months.” Trump and his allies see this as a compromise position, because it’s stricter than Roe v. Wade’s roughly 24-week viability standard, but it still provides a larger window than the six-week limit in Georgia and South Carolina, or the outright bans that conservatives have fought for in 14 states, including Alabama, Texas, and Indiana.

    In November, a proposal for a 16-week federal limit could, in theory, be a politically advantageous position for Trump. Almost all available polling suggests that most Americans support legal access to abortion—with some limits. Several countries in Europe already apply a 12- or 15-week limit on terminations, although in practice U.S. state bans are much more restrictive.

    Now, at least, Trump will have a response when President Joe Biden attacks him and other Republicans for being too extreme on abortion. “The rule of politics is: When you’re talking generically about abortion rights, the Democrats are doing well, and when you’re talking about the details of abortion—number of weeks, parental consent—Republicans are winning,” Mike Murphy, a longtime Republican strategist (who says he’s not a fan of Trump), told me. Republicans, he said, will be able to put Democrats on the defensive by forcing them to justify abortion after 16 weeks—which would likely involve needing to make more complex arguments about how tests that reveal serious fetal abnormalities or maternal health risks typically take place as late as 20 weeks.

    Still, a ban is a ban. Although voters say in polls that they support some kind of abortion limit, at the ballot box, they haven’t. Last year, Glenn Youngkin, who flipped Virginia’s governorship from blue to red in 2021, persuaded several Republican candidates to coalesce around a 15-week abortion ban ahead of state elections in November. The position was meant to signal reasonableness and help turn the state legislature back to Republicans. But the strategy failed miserably: Democrats maintained their state-Senate majority and also flipped control of the House of Delegates.

    “Voters are seeing through the efforts to veil a position as moderate that’s actually an abortion ban,” Yasmin Radjy, the executive director of the progressive organization Swing Left, told me. And Trump’s 16-week position, she believes, would be “a huge miscalculation of where voters are.”

    At this point, any Trump endorsement of a national abortion limit is nothing more than strategic messaging—a ploy to win over moderate voters in the general election. Such a measure would require 60 votes in the Senate, which makes it virtually impossible to enact—even if Republicans win back majorities in the House and the Senate. It’s just not happening. Which is why the 16-week proposal is also a diversion.

    The question people should be asking is whether Trump will give free rein to the anti-abortion advisers in his orbit, Mary Ziegler, a law professor at the UC Davis School of Law, told me. The big thing those advisers are pushing for is the reinterpretation and enforcement of the Comstock Act. As I wrote in December, activists believe they can use this largely dormant 150-year-old anti-obscenity law to ban abortion nationally because it prohibits the shipping of any object that could be used for terminating pregnancies. The Heritage Foundation’s Project 2025, a 920-page playbook written by a collective of pro-Trump conservatives, urges the next Republican president to seek the criminal prosecution of those who send or receive abortion supplies under the Comstock Act. The 2025 plan also proposes that the FDA should withdraw its approval of the abortion drugs mifepristone and misoprostol.

    “Federal bans can’t pass,” one anti-abortion attorney, who requested anonymity in order to comment freely on a matter dear to his political allies, told me—but there’d be no need to try with Comstock on the books. The administration could kick Planned Parenthood out of Medicaid by saying that the women’s-health-care provider violates the act, he suggested. It could launch criminal investigations into abortion funds and abortion-pill distribution networks. Of course, if Trump is interested in doing any of that, he can’t mention it on the campaign trail, the attorney said: “It’s obviously a political loser, so just keep your mouth shut. Say you oppose a federal [legislative] ban, and see if that works” to get elected.

    Some of the authors of Project 2025—Gene Hamilton, Roger Severino, and Stephen Miller—have worked for Trump in the past, and would likely serve as close advisers in a second administration. The idea seems to be that Trump is so uninterested in the technical details of abortion-related matters that he’ll rely on this trusty circle of advisers to shape policy. We saw a similar approach during Trump’s first term, when the president’s senior aides would find ways not to do the extreme, dangerous things Trump wanted and hoped he wouldn’t notice. This time around, if Trump is reelected, his advisers seem likely to circumvent the president in order to accomplish their own extreme goals.

    “I hope they’re not talking to him about Comstock,” the attorney said. “I don’t want Trump to know Comstock exists.”

    When I reached Severino, who currently works for the Heritage Foundation and wrote the Project 2025 section on abortion policy, he declined to make any specific predictions about the strategy. But his answer hinted at his movement’s aspirations. “All I can say is that [Trump] had the most pro-life administration in history and adopted the most pro-life policy in history,” he said. “That’s our best indicator as to the type of policies that he would implement the second time around.”

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    Elaine Godfrey

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  • ‘If you really want to stop abortions, get a vasectomy’: Critics oppose Florida’s ‘unborn child’ bill

    ‘If you really want to stop abortions, get a vasectomy’: Critics oppose Florida’s ‘unborn child’ bill

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    A House committee on Wednesday approved a controversial measure that would allow parents to file civil lawsuits seeking damages for the wrongful death of an “unborn child,” with critics of the bill saying it is too broad and could shrink the number of doctors who deliver babies in Florida.

    The proposal, now ready to go to the full House, would add “unborn child” to a law that allows family members to seek damages when a person’s death is caused by such things as wrongful acts or negligence.

    The bill (HB 651) has drawn intense pushback from abortion-rights advocates, who argue the proposed changes could put abortion providers and people who help women obtain abortions at risk of being sued.

    The House and Senate bill sponsors also led efforts last year to pass a law that seeks to ban abortions after six weeks of pregnancy. But the sponsors maintain that this year’s bill is not abortion-related.

    “We are talking about human beings. We are talking about the human experience, the experience of the parents who have suffered a real loss. We are saying they have the right to seek recovery in our court system,” House sponsor Jenna Persons-Mulicka, R-Fort Myers, said before the House Judiciary Committee approved the bill Wednesday.

    But Rep. Yvonne Hinson, D-Gainesville, said the proposal would have a chilling effect on doctors and women who might want abortions.

    “The most dangerous 60 days in the state of Florida is the legislative session. We are creating fear in the hearts and minds of the people in Florida. I am so tired of it. If you really want to stop abortions, get a vasectomy,” she said.

    Mark Delegal, a lobbyist who represents The Doctors Company, said his client is the largest insurer of physicians in the state and the nation. Florida already has the highest medical-malpractice insurance rates for obstetricians and gynecologists in the country, according to Delegal. Obstetricians in Miami pay about $226,000 a year in premiums, compared to $49,000 in Los Angeles, he said.

    Also, Delegal argued that the proposed changes would worsen a shortage of OB/GYNs in the state.

    “We have concerns and oppose this bill because it expands liability for health care providers, and that’s why we object to it,” he said.

    The proposal has come as the Florida Supreme Court weighs whether a proposed constitutional amendment aimed at protecting abortion rights meets legal requirements to go before voters in November. The court has until April 1 to decide on the issue.

    Supporters launched the ballot initiative after the Republican-controlled Legislature and Gov. Ron DeSantis approved the six-week abortion bill. The six-week ban would go into effect if the Florida Supreme Court upholds a 2022 law that restricts abortions after 15 weeks.

    The Judiciary Committee voted 15-4 along party lines Wednesday to approve the bill about wrongful-death lawsuits. Under the bill, mothers could not be sued. But opponents contended the measure would open the door for rapists or men who have one-night-stands with women to seek damages against health care providers.

    “The latest Republican bill attacking abortion in Florida is extremely dangerous and would have major legal consequences,” Florida Democratic Party Chairwoman Nikki Fried said in a statement. “The potential misuses are staggering — purposefully broad language could help abusers weaponize the judicial system to harass and punish their pregnant partners with costly civil lawsuits.”

    Florida is one of a handful of states that do not allow civil damages for the loss of an unborn child, Persons-Mulicka argued. Under a change adopted by the committee Wednesday, the bill would define an unborn child as “a member of the species Homo sapiens, at any stage of development, who is carried in the womb.”

    The majority of other states with wrongful-death laws that cover pregnancy loss, however, only allow recovery after the fetus has reached viability, according to a legislative analysis of the bill.

    The change was added to the House bill after the Alabama Supreme Court on Friday ruled that frozen embryos created through in vitro fertilization are considered children.

    Rep. Dotie Joseph, a North Miami Democrat who is a lawyer, said the Florida bill could have a “chilling effect” for people seeking in vitro fertilization. Joseph also pointed to a 2022 U.S. Supreme Court ruling that overturned the landmark Roe v. Wade abortion decision and left abortion rights up to states.

    “What is the impact on actual human beings? We are seeing so many negative impacts on real-life women and the consequences of these foolhardy, partisan-driven policies,” Joseph said. “There is a disconnect between the intention and the impact, and the impact is overall negative.”

    Some Republicans also expressed concerns about the bill.

    Rep. Paula Stark, R-St. Cloud, called the measure “way too broad.” While Stark supported the bill Wednesday, she said she would vote against it on the House floor unless it was more restrictive.

    But Persons-Mulicka pushed back.

    “You know that I’m not afraid to shy away from a discussion about abortion or the value of life or the overarching theme of personhood,” she said. “But none of that is what this bill is about. It’s very narrow in nature. It’s about the mother. It’s about the father. It’s about the value of the life of an unborn child to them, and it’s about a real loss … that was caused by the wrongdoing of another person.”

    Florida criminal law includes penalties for illegal killing of an unborn child, but the law includes exceptions for abortion. Democrats have urged Persons-Mulicka to amend her bill to mirror the criminal law.

    Committee Chairman Tommy Gregory, R-Lakewood Ranch, said people who commit abortion-related wrongdoing should be held responsible.

    “If you commit a negligent act or you commit a wrongful act, you should be liable. We are protecting the very most vulnerable and those that should be able to recover, under those situations,” he said.

    But Kara Gross, legislative director and senior policy counsel for the ACLU of Florida, argued that the bill “is not about helping grieving families” for pregnancy loss.

    “This deceptive bill is about making it even harder for Floridians to access the abortion care that they need,” she said.

    Persons-Mulicka, however, accused opponents of “misplaced fear.”

    “I agree there’s been a lot of talk of fear, but that’s fear-mongering,” she said. “What liability are they trying to escape? … We’re talking about wrongdoing and harm and we’re talking about human beings.”

    A similar Senate bill, sponsored by Sen. Erin Grall, R-Vero Beach, needs to clear one more committee before it could go to the full Senate.

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    Dara Kam, News Service of Florida

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  • The Special Election That Could Give Democrats Hope for November

    The Special Election That Could Give Democrats Hope for November

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    Sign up for The Decision, a newsletter featuring our 2024 election coverage.

    In late 2021, Tom Suozzi made an announcement that exasperated Democratic Party leaders: The third-term representative would give up a reelection bid for his highly competitive New York House district to mount a long-shot primary challenge against Governor Kathy Hochul.

    Suozzi got trounced, but the ripple effects of his ill-fated run extended far beyond his Long Island district. Democrats ended up losing their narrow majority in the House, in part because the seat Suozzi vacated went to a little-known Republican named George Santos. He’s not so little-known anymore. Nor is he in Congress, having been expelled in December after his colleagues discovered that his stated biography was a fiction and that his campaign was an alleged criminal enterprise.

    In a special election next week, Suozzi will try to reclaim the seat he abandoned—and bring the Democrats one step closer to recapturing the House. He’s made amends with party leaders (including Hochul), but he’s not apologizing. “I don’t regret any of my decisions,” Suozzi told me recently. “When things don’t work out, that’s the way it is.”

    A pro-business moderate, Suozzi helped start the cross-party Problem Solvers Caucus in the House after Donald Trump won the presidency. He told me that his penchant for bipartisanship makes him “a very poor candidate” in a Democratic primary—he’s now lost two such gubernatorial campaigns by more than 50 points—but a much better one in a general election.

    Officials in both parties give Suozzi a slight edge; he has more money and is much better known than his GOP opponent, Mazi Pilip, a county legislator who spent her teenage years in Israel and served in the Israeli Defense Forces. But Suozzi is trying to run as an underdog, shunning a Democratic brand that he believes has been soiled on Long Island by voter frustration with the migrant crisis, the high cost of living, and turmoil overseas. He’s kept his distance from President Joe Biden, who, according to both Democratic and Republican strategists, is no more popular in the district than Trump. “If I run my campaign to say, ‘I’m Tom Suozzi. I’m the Democrat, and my opponent’s the Republican,’ I lose this race,” Suozzi said at a rally before members of the carpenters’ union on Saturday.

    The third congressional district borders the blue bastion of New York City and includes a sliver of Queens, but Republicans have clobbered Democrats across Long Island in recent years. Tuesday’s special election represents the Democrats’ first attempt to claw back some of that territory and test out messages that they hope can resonate in suburban swing districts across the country this fall.

    Like other Democrats, Suozzi is emphasizing his support for abortion rights, an issue that has helped the party limit GOP gains since the overturning of Roe v. Wade. But he’s also pitching himself as a bipartisan dealmaker—his campaign slogan is “Let’s fix this!” Suozzi is betting that voters are angered as much by congressional inaction on issues such as immigration and border security as they are by Biden or his policies. If he’s right, the GOP’s rejection this week of a bipartisan border deal that its leaders had initially demanded will play into his hands.

    Whether Suozzi’s campaign proves effective next week will offer clues about the swing districts that could determine control of Congress. A win could point the way for Democratic candidates to redirect attacks on Biden’s record and ease fears that the border impasse could be an insurmountable liability this fall. But his defeat in a district that ought to be winnable for Democrats would suggest that the party is in real trouble as the general election begins.


    Next week’s election will also serve as a test of whether Democrats can turn out voters for a candidate who, like Biden, doesn’t inspire much enthusiasm.

    Suozzi, 61, is a familiar figure on Long Island; he became a mayor at 31 and then won two terms as a county executive overseeing a population of 1.3 million people in Nassau County. But he’s also suffered his share of defeats. Eliot Spitzer beat him by more than 60 points in the 2006 primary for governor. Suozzi then lost two campaigns for county executive before winning a House seat in 2016. “He felt that he was destined to be president of the United States,” former Representative Peter King, a Republican who served alongside Suozzi in the House and has known him for decades, told me. “Tom started off as the young superstar, and then suddenly you become old.”

    On Saturday, local labor organizers amassed several hundred members of the carpenters’ union in a banquet hall for the rally. Most of them had been bused from outside the district, and many of them weren’t exactly excited to be there. “We’re here under protest,” one union member grumbled as I searched for actual Suozzi supporters in the crowd. The murmuring laborers showed so little interest in the speakers who were touting Suozzi that the candidate at one point awkwardly grabbed the microphone and implored them to pay attention.

    Some of the attendees who did live in Nassau County weren’t thrilled about the Democrat, repeating attacks from GOP ads that have been airing nonstop in recent weeks. “Suozzi’s terrible on the border,” said Jackson Klyne, 44, who told me he didn’t plan to vote for either Suozzi or Pilip next week. A Biden voter in 2020, Klyne said that “it would probably be Trump” for him in November.

    Suozzi must also win over Democrats who are unhappy that he abandoned his congressional seat to challenge Hochul, leading to the election of Santos. “It was a dangerous choice,” Stephanie Visconti, a 47-year-old attorney from New Hyde Park, told me. “I thought it was self-serving.”

    Visconti volunteers with Engage Long Island, an affiliate of the progressive organizing group Indivisible that endorsed a primary challenger to Suozzi for Congress in 2020. But she fully backs him now; on Saturday, she and other members of the group were knocking on doors for his campaign. “He is the right candidate for right now,” she said, citing the need for Democrats to win back control of the House. “Looking at the global big picture, this for us is the first step toward making bigger and broader changes.”


    Biden carried the district in 2020, but Republicans have been ascendant on Long Island ever since. They swept the House races in the midterms and won big local races again last year. Santos defeated the Democratic nominee in the third district by seven points in 2022, and Suozzi isn’t sure he would have won had he been on the ballot. When I asked him what he’d say to people who argue that he bears some responsibility for Santos’s election, Suozzi replied, “‘Thank you for your endorsement, because you’re saying I’m the only person who could have won.’”

    Republican leaders are relying on Biden’s unpopularity and their party’s prodigious turnout machine to keep the seat. They picked Pilip as their candidate—the special election had no primary—in part because in the aftermath of October 7, they hoped that her connection to Israel would resonate in a district where about 20 percent of the electorate is Jewish. (Suozzi is also a longtime supporter of Israel. Within a week of Pilip’s selection, he traveled there to meet with the families of hostages held by Hamas.)

    With only a few exceptions, Pilip has kept a low profile for a political newcomer. She’s agreed to just one debate with Suozzi, three days before the election, and she hasn’t held many publicly promoted campaign events. (Her campaign did not make her available for an interview.) Nassau County Republicans scheduled their biggest rally of the election for a Saturday, when Pilip, who observes the Sabbath, would not be able to attend. She filmed a short video to be played in her absence. “The strategy is intentional,” Steve Israel, a Democrat who represented the third district in the House for 16 years, told me. “She is untested, and Republicans fear that she will say something that could effectively lose the election. They’d rather take their lumps for hiding her.”

    That approach could be risky given the district’s experience with Santos. “We’ve already had someone we didn’t know. We don’t want that again,” Judi Bosworth, a Democratic former town supervisor, said as she campaigned with Suozzi.

    Abortion has been a central issue in the race; Democratic ads have warned that a vote for Pilip could lead to a national ban. But in the closing weeks, the migrant crisis has come to the fore. GOP commercials blame Suozzi and Biden for the “invasion” at the southern border, and Suozzi has criticized Pilip for opposing the bipartisan border-security deal unveiled this week in the Senate. Although national issues are dominating the race, neither candidate wants to be associated with their party’s leaders in Washington. Pilip, until recently a registered Democrat, has declined to say whether she voted for Trump in 2020 and has yet to endorse his comeback bid. When House Minority Leader Hakeem Jeffries spoke at a rally for Suozzi on Saturday, the Democrat’s campaign did not invite the press. The day before, the Pilip campaign kept quiet about an appearance by Speaker Mike Johnson.

    The outcome next week could have an immediate impact in the narrowly divided House, where Republicans have only a three-vote majority. Earlier this week, Republicans fell just one vote short of impeaching Homeland Security Secretary Alejandro Mayorkas; a Suozzi victory would likely keep it on hold, at least for the time being. But Suozzi wants to make a deeper impression in a second stint in Congress. He has campaigned not as a dispassionate centrist but as an impatient negotiator anxious to get back to the bargaining table.

    He had wanted a bigger job altogether, but he assured me that he would not be bored by a return to the House. I asked him what message his victory would send. He rattled off a list of bipartisan deals he wants to strike—on the border, Ukraine, housing, climate change, and more. “If I win,” he said, “I can go to my colleagues in Washington and say, ‘Wake up. This is what the people want.’”

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    Russell Berman

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  • Biden campaign slams surging Nikki Haley: “MAGA extremist”

    Biden campaign slams surging Nikki Haley: “MAGA extremist”

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    President Joe Biden‘s reelection campaign called Nikki Haley, a 2024 Republican presidential candidate who is rising in popularity in polling, a “MAGA extremist” on Friday for her stance on abortion.

    Haley, who served as South Carolina governor from 2011 to 2017, has portrayed herself as one of the more moderate GOP candidates in the race, particularly with her view on abortion. While Haley describes herself as “unapologetically pro-life,” she has urged Americans to stop “demonizing” the medical procedure and has pushed for adoption and access to contraception.

    In June 2022, the Supreme Court‘s decision on Dobbs vs. Jackson Women’s Health Organization overturned Roe v. Wade in which it ruled that there is no constitutional right to an abortion, returning the issue to the state level.

    During a forum of conservative Christians in Iowa on Friday, Haley was asked if she would sign a “heartbeat bill” if she was still governor of South Carolina. Haley said: “Yes, whatever the people decide.” So-called heartbeat bills ban abortions at around six weeks, or the point at which cardiac activity—incorrectly known as the fetal “heartbeat”—can be detected.

    Nikki Haley speaks during the Republican presidential primary debate on November 8 in Miami. President Joe Biden’s reelection campaign called Haley, a 2024 Republican presidential candidate who is rising in popularity in polling, a “MAGA extremist” on Friday for her stance on abortion.
    Joe Raedle/Getty Images

    Haley added: “This was put in the states—that’s where it should be. Everyone can give their voice to it.” In 2016 when she was governor, Haley signed a ban on abortion in South Carolina at 20 weeks unless the mother’s life is at risk.

    Biden’s campaign team rejected the idea of Haley as a “moderate” choice, given her history on anti-abortion legislation.

    “Nikki Haley is no moderate – she’s an anti-abortion MAGA extremist who wants to rip away women’s freedoms just like she did when she was South Carolina governor,” Biden-Harris 2024 rapid response director Ammar Moussa wrote in a statement on X, formerly Twitter, on Friday. “Now Haley is promising to bring that same fear, anxiety, and dread she forced on South Carolina women to every woman in the country.”

    Moussa continued: “Whether it’s Donald Trump, Nikki Haley, or any other MAGA extremist – the entire field is running on a dangerous anti-freedom agenda that the American people have made clear they do not want.”

    Newsweek reached out to Haley’s team via email for comment and Moussa via X direct message for comment.

    While Haley has praised the Trump administration in the past, she has also criticized Donald Trump on the campaign trial.

    “I’ve always said that he was the right president at the right time and I agree with a lot of his policies,” Haley said on Fox News Sunday last week. “The problem is drama and chaos follows him, whether fairly or not. It is constantly following him and Americans feel it.”

    What the Polls Show

    According to new polling data, Haley, who also served as the former president’s U.S. ambassador to the United Nations, has surged to second place on the Republican primary ballot in New Hampshire as Trump continues his strong lead.

    In an Emerson College Polling/WHDH poll conducted between November 10 and 13, with a sample size of 917 registered New Hampshire voters, Haley received 18 percent of voter support. This is an increase from the 4 percent she received in August. Meanwhile, Trump received 49 percent of voter support in the poll, which is consistent with his numbers from August. The poll’s margin of error was 3.3 percentage points.

    In addition, a New York Times/Siena College survey from earlier this month found Haley outperforming Trump in head-to-head matchups with Biden in six key swing states—Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin.