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Yellen would welcome US legislation to aid cannabis banking access – Cannabis Business Executive – Cannabis and Marijuana industry news
Yellen would welcome US legislation to aid cannabis banking access – Cannabis Business Executive – Cannabis and Marijuana industry news
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A War on Blue America
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During his term in the White House, Donald Trump governed as a wartime president—with blue America, rather than any foreign country, as the adversary. He sought to use national authority to achieve factional ends—to impose the priorities of red America onto Democratic-leaning states and cities. The agenda Trump has laid out for a second term makes clear that those bruising and divisive efforts were only preliminary skirmishes.
Presidents always pursue policies that reflect the priorities of the voters and regions that supported them. But Trump moved in especially aggressive ways to exert control over, or punish, the jurisdictions that resisted him. His 2017 tax bill, otherwise a windfall for taxpayers in the upper brackets, capped the federal deductibility of state and local taxes, a costly shift for wealthy residents of liberal states such as New York and California. He moved, with mixed success, to deny federal law-enforcement grants to so-called sanctuary cities that didn’t fully cooperate with federal immigration agents. He attempted to strip California of the authority it has wielded since the early 1970s to set its own, more stringent pollution standards.
In Trump’s final year in office, he opened a new, more ominous front in his campaign to assert control over blue jurisdictions. As the nation faced the twin shocks of the coronavirus pandemic and the protests that followed the murder of George Floyd, Trump repeatedly dispatched federal law-enforcement agents to blue cities, usually over the opposition of Democratic mayors, governors, or both. Trump sent an array of federal personnel to Portland, Oregon, ostensibly to protect a federal courthouse amid the city’s chaotic protests; reports soon emerged of camouflage-clad federal agents without any identifying insignia forcing protesters into unmarked vans. Trump responded to the huge racial-justice protests in Washington, D.C., by dispatching National Guard troops drawn from 11 states, almost all of them led by Republican governors. Later he sent other federal law-enforcement officers to combat rising crime in Kansas City and Chicago, a city Trump described as “worse than Afghanistan.”
Trump has signaled that in a second presidential term, he would further escalate his war on blue America. He’s again promising federal legislation that would impose policies popular in red states onto the blue states that have rejected them. He has pledged to withhold federal funding from schools teaching critical race theory and “gender ideology.” He says he will initiate federal civil-rights investigations into liberal big-city prosecutors (whom he calls “Marxist local District Attorneys”) and require cities to adopt policing policies favored by conservatives, such as stop-and-frisk, as a condition for receiving federal grants.
Even more dramatic are Trump’s open pledges to launch militarized law-enforcement campaigns inside blue cities. He has proposed initiatives that cumulatively could create an occupying federal force in the nation’s largest cities. Trump has indicated that “in cities where there’s been a complete breakdown of public safety, I will send in federal assets, including the National Guard, until law and order is restored.”
Trump envisions an even more invasive door-to-door offensive against undocumented immigrants. In an early-2023 speech at the Conservative Political Action Conference, Trump said he “will use all necessary state, local, federal, and military resources to carry out the largest domestic deportation operation in American history.” Stephen Miller, who was his top immigration aide in the White House, later added that Trump envisions establishing massive internment camps for undocumented immigrants awaiting deportation. Trump has also promised “to use every tool, lever, and authority to get the homeless off our streets,” and move them to camps as well. (On this front, Trump has said he would work with states, but in practice that would likely involve partnering with Republican governors to impose policies to clear the streets opposed by their own Democratic mayors.)
Michael Nutter, a former mayor of Philadelphia, told me that if a reelected Trump sought to implement these policies, the result would be “chaos, confusion,” and “massive demonstrations.” “Nobody is going to allow that to just happen,” Nutter said. “You are just going to see standoffs. It is going to be the Philadelphia Police Department versus the National Guard. Neighbors are going to be surrounding people’s houses. Folks are going to rush and seek safety in churches and synagogues and mosques and temples.”
Of course, Trump would face other obstacles in attempting to implement these plans. The president’s legal authority to deploy federal forces over the objections of local officials is murky. And the relatively small number of federal law-enforcement officers under his direct control at agencies such as U.S. Immigration and Customs Enforcement and Customs and Border Protection could limit his options, according to Richard Briffault, a professor at Columbia University Law School who studies relations among cities, states, and the federal government.
But in Trump’s final months in office, he got creative about augmenting the forces at his command by drawing on National Guard troops provided by sympathetic Republican governors. His advisers are already talking about doing the same to staff his deportation agenda, as well as using the emergency authority he cited to fund his border wall to build his camps for undocumented immigrants without congressional approval.
Briffault told me that the inevitable court challenges to any Trump-ordered projections of force into blue cities would likely pivot on the courts’ interpretation of how much authority the president possesses under various emergency statutes. His advisers have already discussed invoking the 19th-century Insurrection Act, for example. As legal scholars have pointed out, the scope of the president’s emergency powers is much broader than most Americans recognize, and Trump is clearly signaling that if he returns to the White House, he intends to test the outer boundaries of that authority. The question for the courts will be “to what extent can he engage directly in law enforcement and having militarized law enforcement in the United States, in the absence of a request by a governor or a mayor that there is a riotlike condition or civil disorder?” Briffault said. “Can he declare an emergency even though he’s not being asked for it?”
As president, Trump seemed to view himself less as the leader of a unified republic than as the champion of a red nation within a nation—one that constitutes the real America. If anything, Trump has assumed that factional role even more overtly in his 2024 campaign, promising that he will deliver “retribution” for his supporters and dehumanizing his opponents. Powered by such fetid resentments and grievances, the agenda Trump seeks to impose on blue cities and states could create the greatest threat to the nation’s cohesion since the Civil War.
This article appears in the January/February 2024 print edition with the headline “A War on Blue America.”
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Ronald Brownstein
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Abortion Could Matter Even More in 2024
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Last month, during a meeting of Democrats in rural southwestern Iowa, a man raised his hand. “What are three noncontroversial issues that Democrats should be talking about right now?” he asked the evening’s speaker, Rob Sand, Iowa’s state auditor and a minor state celebrity.
I watched from the side of the room as Sand answered quickly. The first two issues Democrats should talk about are new state laws dealing with democracy and education, he told the man. And then they should talk about their support for abortion rights. “People in the Iowa Republican Party and their activist base” want to “criminalize abortion,” Sand said.
I registered this response with a surprised blink. Noncontroversial? Democrats in competitive states, and especially committed centrists like Sand, aren’t usually so eager to foreground abortion on the campaign trail. This seemed new.
Ascribing a narrative to some elections is easy. The past two midterm cycles are a case in point. The Democrats’ 2018 blue wave, for example, will go down as a woman-led backlash to a grab-’em-by-the-groin president. In 2022, Democrats performed better than expected, according to many analysts, because abortion rights were on the ballot. Now, a year after the Supreme Court overturned Roe v. Wade, Democrats want to do it again.
They’re betting that they can re-create and even supercharge their successes last year by centering abortion rights in their platform once again in the lead-up to 2024. They want all of their elected officials—even state auditors—talking about the issue. “If we can do all that, we’re gonna be telling the same story in December 2024 that we told in 2022,” Yasmin Radjy, the executive director of the progressive political group Swing Left, told me.
But this time, Republicans might be better prepared for the fight.
After the leaked draft opinion before the Dobbs decision last May, many in Washington assumed that abortion would fade from voters’ minds by the time November rolled around. “As we get further away from the shock of that event, of Roe being overturned, you don’t think that … people will sort of lose interest?” CNN’s Don Lemon asked the Democratic political strategist Tom Bonier in September 2022. People did not. Two months later, Democrats celebrated better-than-expected results—avoiding not only the kind of “shellacking” that Barack Obama’s party had suffered in 2010, but the widely predicted red wave. The Democrats narrowly lost the House but retained control of the Senate, flipping Pennsylvania in the process. Abortion-rights campaigners won ballot measures in six states.
“The lesson has been well learned,” Bonier told me last week. “This is an issue that is incredibly effective, both for mobilizing voters but also for winning over swing voters.”
The latest polling suggests that the issue is very much alive. A record-high number of registered U.S. voters say that abortion is the most important factor in their decision about whom to vote for, and most of those voters support abortion rights, according to Gallup. Rather than growing less salient over time, abortion may even have gained potency: Roughly a quarter of Americans say that recent state efforts to block abortion access have made them more supportive of abortion rights, not less, according to a USA Today poll last week. Not only that, but recent data suggest that demand for abortion has not been much deterred, despite post-Dobbs efforts to restrict it.
Americans have watched as Republicans in 20 states restricted or banned abortion outright, and activists took aim at interstate travel for abortions and the pill mifepristone. Stories about pregnant women at risk of bleeding out or becoming septic after being denied abortions have lit up the internet for months. All of this attention and sentiment seem unlikely to dissipate by November 2024.
“Republicans ran races on this issue for decades,” the Democratic strategist Lis Smith told me. “You’re gonna see Democrats run on this issue for decades to come as well.”
Already, Democratic activists plan to engage swing voters by forcing the issue in as many states as possible. So far, legislators in New York and Maryland have introduced abortion-related ballot measures for 2024. Similar efforts are under way in other states, including Florida, Arizona, Missouri, South Dakota, and Iowa.
Smith and her fellow party operatives are confident that they’ve landed on a message that works—especially in purple states where candidates need to win over at least a few moderates and independents. The most successful Democrats last year anchored their abortion messages around the concept of personal liberty, Swing Left’s Radjy told me, because it was “the single issue that is equally popular among far left, far right, center left, and center right.” Radjy shared with me a research report that concluded: “With limited attention and resources, [candidates should] lead with the freedom to decide. Freedom is resonating with the base and conflicted supporters, as well as Soft Biden and Soft Trump women.”
Smith echoed this reframing. “Republican politicians want to insert themselves into women’s personal medical decisions,” she said, by way of exemplifying the message. “They want to take away this critical freedom from you.” In her view, that gives Democratic candidates a decisive advantage: They don’t even have to say the word abortion; they only have to use the language of freedom for people to be receptive.
Joe Biden has never been the most comfortable or natural messenger on abortion. But even he is giving the so-called freedom framework a try. Freedom is the first word in the president’s reelection-announcement ad. Republicans, he says in a voice-over, are “dictating what health-care decisions women can make”; they are “banning books, and telling people who they can love.”
It’s helpful, Democratic strategists told me, that the Republicans jockeying for the presidential nomination have been murky at best on the issue. Former South Carolina Governor Nikki Haley held a press conference in April to explain that she sees a federal role in restricting abortion, but wouldn’t say what. Senator Tim Scott of South Carolina was foggy on his own commitments in interviews before appearing to support a 15-week national ban. Florida Governor Ron DeSantis, who recently signed a six-week limit on abortion, talks about that ban selectively. The leader of the primary pack, Donald Trump, has said that abortion laws should be left to the states, but told a reporter recently that he, too, is “looking at” a 15-week restriction.
Trump clearly wants to appease the primary base while keeping some room to maneuver in the general election. But if he’s the nominee, Democrats say, he’ll have to answer for the end of Roe, as well as the anti-abortion positions advocated by other Republicans. “When I worked for Obama in 2012, as rapid-response director, we tied Mitt Romney to the most extreme positions in his party,” Smith told me. If Trump is the abortion-banning GOP’s nominee, they will “hang that around his neck like a millstone.”
I found it difficult to locate Republican strategists willing to talk with me about abortion, and even fewer who see it as a winning issue for their party. One exception was the Republican pollster and former Trump adviser Kellyanne Conway, who says that Republicans can be successful in campaigning on abortion—if they talk about it the right way. At a press conference celebrating the anniversary of the Dobbs decision, hosted by the anti-abortion group Susan B. Anthony List, Conway seemed to take a swipe at the former president—and the rest of the wishy-washy primary field. “If you’re running to be president of the United States, it should be easy to have a 15-minimum-week standard,” she said.
To win on abortion is to frame your opponent as more extreme, and Democrats have made that easy, says Conway, who also acts as an adviser to the Republican National Committee. Broad federal legislation put forward by Democratic lawmakers last year, in response to the Dobbs leak, would prevent states from banning abortion “after fetal viability” for reasons of the mother’s life or health. Republicans claim that this means that Democrats support termination at all stages of pregnancy. Voters may not like outright bans on abortion, but they also generally don’t support abortion without limits. Conway advises Republican candidates to explain to voters whether they support exceptions for rape, incest, and the life of the mother, and get that out of the way—and then demand that their Democratic opponents define the time limits they favor. “I’d ask each and every one of them, ‘What are your exceptions? I’ve shown you mine,’” Conway told me.
Conway’s bullishness is belied by what some of her political allies are up to. While Democrats are pushing for ballot measures that will enshrine abortion rights into law, Republicans are trying to make it harder to pass state constitutional amendments. For example, after it became clear that a ballot measure could result in new abortion protections being added to the Ohio Constitution, state Republicans proposed their own ballot measure asking voters in a special election later this summer to raise the threshold for passing constitutional amendments.
This scheme does not demonstrate faith that a majority of voters are with them. But it does set up Ohio as the first practical test of abortion’s salience as a political issue in 2024. If Democrats can get their voters to show up this August in the name of abortion rights, maybe they can do it next year too.
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Elaine Godfrey
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Abortion Pills Will Be the Next Battle in the 2024 Election
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The next front is rapidly emerging in the struggle between supporters and opponents of legal abortion, and that escalating conflict is increasing the chances that the issue will shape the 2024 election as it did last November’s midterm contest.
President Joe Biden triggered the new confrontation with a flurry of recent moves to expand access to the drugs used in medication abortions, which now account for more than half of all abortions performed in the United States. Medication abortion involves two drugs: mifepristone followed by misoprostol (which is also used to prevent stomach ulcers). Although abortion opponents question the drugs’ safety, multiple scientific studies have found few serious adverse effects beyond headache or cramping.
Federal regulation of the use and distribution of these drugs by agencies including the FDA and the United States Postal Service has long been overshadowed in the abortion debate by the battles over Supreme Court nominations and federal legislation to ban or authorize abortion nationwide. But with a conservative majority now entrenched in the Court, and little chance that Congress will pass national legislation in either direction any time soon, abortion supporters and opponents are focusing more attention on executive-branch actions that influence the availability of the pills.
“The reality of abortion care has been changing very, very rapidly, and now the politics are catching up with it,” Celinda Lake, a Democratic pollster who served as one of Biden’s advisers in 2020, told me.
Tens of thousands of anti-abortion activists will descend on Washington today for their annual March for Life—the first since the Supreme Court last summer overturned Roe v. Wade, the 1973 decision that established a nationwide right to abortion. The activists will cheer the swift moves by some two dozen Republican-controlled states to ban or severely restrict abortion since the Court struck down Roe.
But even as abortion opponents celebrate, they are growing more frustrated about the increased reliance on the drugs, which are now used in 54 percent of U.S. abortions—up dramatically from less than one-third less than a decade ago, according to the Guttmacher Institute, a research group that supports abortion rights. “With the overturning of Roe, [with] COVID, and with President Biden’s loosening of the restrictions on these [drugs] … there is a new frontier that everyone is pivoting to,” Rebecca Parma, the legislative director for Texas Right to Life, a prominent anti-abortion group, told me.
George W. Bush and Donald Trump, the two Republicans who have held the presidency since the drugs were first approved under Democratic President Bill Clinton, in 2000, took virtually no steps to limit their availability. But conservative activists are already signaling that they will press the Republican presidential candidates in 2024 for more forceful action.
“Our job is to make sure … this becomes an issue that any GOP candidate will have to answer and address,” Kristan Hawkins, the president of the anti-abortion group Students for Life of America, told me. “No one can be ambivalent again; it will simply not be an option.”
The challenge for Republicans is that the 2022 midterm elections sent an unmistakable signal of resistance to further abortion restrictions in almost all of the key swing states that tipped the 2020 presidential election and are likely to decide the 2024 contest. “Would you really want to be Ron DeSantis or Donald Trump running in a close election saying, ‘I’m going to ban all abortion pills in Michigan or Pennsylvania’ right now?” says Mary Ziegler, a law professor at UC Davis, who has written extensively on the history of the abortion debate.
Sunday is the 50th anniversary of the original Roe decision, and the Biden administration will mark the occasion with a defiant pro-abortion-rights speech from Vice President Kamala Harris in Florida, where GOP Governor DeSantis, a likely 2024 presidential contender, signed a 15-week abortion ban last April.
White House officials see access to abortion medication as “the next battlefront” in the larger struggle over the procedure, Jennifer Klein, the director of the White House Gender Policy Council, told me. She said she expects Republicans to mount more sweeping efforts to restrict access to the drugs than they did during the Bush or Trump presidencies. “The reason you’ve seen both Democratic and Republican administrations ensure access to medication abortions is because this is the FDA following their evidence-based scientific judgment,” she said. “So what I think is different now is you are seeing some pretty extreme actions as the next way to double down on taking away reproductive health and reproductive rights.”
Federal regulation of the abortion drugs has followed a consistent pattern, with Democratic presidents moving to expand access and Republican presidents mostly accepting those actions.
During the 2000 presidential campaign, for instance, George W. Bush called the Clinton administration’s initial approval of mifepristone “wrong” and said he worried it would lead to more abortions. But over Bush’s two terms, his three FDA commissioners ignored a citizen petition from conservative groups to revoke approval for the drug. Under Barack Obama, the FDA formalized relatively onerous rules for the use of mifepristone. Physicians had to obtain a special certification to prescribe the drug, women had to meet with their doctor once before receiving it and twice after, and it could be used only within the first seven weeks of pregnancy.
The FDA loosened these restrictions during Obama’s final year in office. It reduced the number of physician visits required to obtain the drugs from three to one and increased to 10 the number of weeks into a pregnancy the drugs could be used. The revisions also permitted other medical professionals, such as nurses, to prescribe the drugs if they received certification, and eliminated a requirement for providers to report “adverse effects” other than death. Trump didn’t reverse any of the Obama decisions. He did side with conservatives by fighting a lawsuit from abortion-rights advocates to lift the requirement for an in-person doctor’s visit to obtain the drugs during the COVID pandemic. But by the time the Supreme Court ruled for the Trump administration in January 2021, Biden was days away from taking office. Within months, women seeking an abortion could consult with a doctor via telehealth and then receive the pills via mail.
On January 3 of this year, the FDA took another major step by allowing pharmacies to dispense the drugs. In late December, the Justice Department issued a legal opinion that the Postal Service could deliver the drugs without violating the 19th-century Comstock Act, which bars use of the mail “to corrupt the public morals.”
The paradox is that the impact of these rules, for now, will be felt almost entirely in the states where abortion remains legal. Obtaining abortion pills there will be much more comparable to filling any other prescription. But 19 red states have passed laws that still require medical professionals to be present when the drugs are administered, which prevents pharmacies from offering them despite the FDA authorization. And although the FDA has approved use of mifepristone for the first 10 weeks of pregnancy, medical professionals cannot prescribe the drugs in violation of state time limits (or absolute bans) on abortion. In terms of anti-abortion states, the Biden administration’s actions have had “basically no impact,” Greer Donley, a University of Pittsburgh law professor who studies abortion law, told me in an email.
Although the red states have largely walled themselves off from Biden’s efforts on medication abortion, conservatives have launched a multifront attempt to roll back access to the pills nationwide. Students for Life has filed another citizen petition with the FDA, arguing that doctors who prescribe the drugs must dispose of any fetal remains as medical waste. In a joint letter released last week, 22 Republican attorneys general hinted that they may sue to overturn the new FDA rules permitting pharmacies to dispense the drugs. In November, another coalition of conservative groups filed a lawsuit before a Trump-appointed judge in Texas seeking to overturn the original certification and ban mifepristone. Jenny Ma, the senior counsel at the Center for Reproductive Rights, says that decision could ultimately have a broader effect than even the Supreme Court ruling overturning Roe: “This case,” she told me, “could effectively ban medication abortion nationwide. It means people in every state … may not be able to get abortion pills.”
Republicans will also ramp up legislative action against the pills, although their proposals have no chance of becoming law while Democrats control the Senate and Biden holds the veto pen. Republican Senator Cindy Hyde-Smith of Mississippi is planning to reintroduce her “SAVE Moms and Babies Act,” which would restore the prohibition against dispensing abortion drugs through the mail or at pharmacies.
However these legal and legislative challenges are resolved, it’s already apparent that the 2024 GOP presidential field will face more pressure than before to propose executive-branch actions against the drugs. “That’s going to be our clarion call in 2024,” says Kristi Hamrick, a long-term social-conservative activist, who now serves as the chief strategist for media and policy at Students for Life.
Katie Glenn, the state-policy director at Susan B. Anthony Pro-Life America, told me that, at the least, the group wants 2024 Republican presidential candidates to press for restoring the requirement to report adverse consequences from the drugs. Former Vice President Mike Pence, a likely candidate, has already suggested that he will support a ban on dispensing the pills through the mail. But the anti-abortion movement’s long-term goal remains the same: ban mifepristone altogether. Hawkins shows the growing fervor GOP candidates will face when she says, “This pill is a cancer that has now metastasized throughout our country.”
Simultaneously, abortion-rights advocates are pushing the Biden administration to loosen restrictions even further. “Medication abortion … has been overregulated for far too long,” Ma told me. Many advocates want the FDA to extend permitted use of mifepristone from 10 to 12 weeks, eliminate the requirement that the professionals prescribing the drugs receive a special certification, and begin the process toward eventually making the drug available over the counter.
The immediate question is whether the Biden administration will challenge the red-state laws that have stymied its efforts to expand access. Advocates have argued that a legal case can be made for national FDA regulations to trump state restrictions, such as the requirement for physicians to dispense the drugs. But Biden is likely to proceed cautiously.
“We don’t have a lot of answers … because, frankly, states have not tried to do this stuff in hundreds of years,” Ziegler, the author of the upcoming book Roe: The History of a National Obsession, told me. Even so, she added, it’s a reasonable assumption that this conservative-dominated Supreme Court would resist allowing the federal government to preempt state rules on how the drugs are dispensed.
These mirror-image pressures in each party increase the odds of a clear distinction between Biden (or another Democrat) and the 2024 GOP nominee over access to the drugs. Democrats are generally confident they will benefit from almost any contrast that keeps abortion prominent in the 2024 race. Some, like Lake, see access to the pills as a powerful lever to do that. The issue, she argues, is relevant to younger voters, who are much more familiar than older people with the growing use of medication abortion and are especially dubious that pharmacies can offer certain drugs in some states but not in others.
The impact of abortion on the 2022 election was more complex than is often discussed. As I’ve written, in the red states that have banned or restricted the practice, such as Florida, Ohio, and Texas, there was no discernible backlash against the Republican governors or state legislators who passed those laws. But the story was different in the blue and purple states where abortion remains legal. In pivotal states including Arizona, Michigan, Pennsylvania, and Wisconsin, a clear majority of voters said they supported abortion rights, and, according to media exit polls, crushing majorities of them voted against Republican gubernatorial candidates who pledged to restrict abortion. Those Democratic victories in the states likely to prove decisive again in 2024 have left many Republican strategists leery of pursuing any further constraints on abortion.
What’s clear now is that even as abortion opponents gather to celebrate their long-sought toppling of Roe, many of them won’t be satisfied until they have banned the procedure nationwide. “It is totally unacceptable for a presidential candidate to say, ‘It’s just up to the states’ now,” Marilyn Musgrave, the vice president for government affairs at the Susan B. Anthony group, told me. “We need a federal role clearly laid out by these presidential candidates.” Equally clear is that abortion opponents now view federal regulatory actions to restrict, and eventually ban, abortion drugs as a crucial interim step on that path. The U.S. may seem in some ways to be settling into an uneasy new equilibrium, with abortion banned in some states and permitted in others. But, as the escalating battle over abortion medication makes clear, access to abortion in every state will remain on the ballot in 2024.
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Ronald Brownstein
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