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Tag: iab-sexual health

  • Opinion: Women don’t have to die from cervical cancer | CNN

    Opinion: Women don’t have to die from cervical cancer | CNN

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    Editor’s Note: Dr. Eloise Chapman-Davis is director of gynecologic oncology at NewYork-Presbyterian/Weill Cornell Medical Center and Weill Cornell Medicine. Dr. Denise Howard is chief of obstetrics and gynecology at NewYork-Presbyterian Brooklyn Methodist Hospital and a vice chair of obstetrics and gynecology at Weill Cornell Medicine. The views expressed in this commentary are their own. Read more opinion on CNN.



    CNN
     — 

    As doctors who specialize in women’s reproductive health, we are on the front lines of a preventable crisis. Imagine treating a woman with advanced cancer who has a five-year survival rate of 17%, knowing that she should have never developed the deadly disease in the first place.

    This is what we are facing with cervical cancer. Yet we have the clinical tools not only to lower but also eliminate nearly all the roughly 14,000 new cases and 4,300 deaths from cervical cancer each year.

    Denise Howard

    We have effective screenings: the traditional Pap smear and the HPV test. If these screening tests are abnormal, additional tests can determine who needs further treatment to prevent the development of cancer. Importantly, we have the HPV vaccine, which protects against high-risk human papillomavirus (HPV) types that cause the majority of cervical cancer cases and is nearly 100% effective, according to the National Cancer Institute.

    A report published earlier this month shows the vaccine’s tremendous impact. The US saw a 65% drop in cervical cancer rates from 2012 through 2019 among women ages 20-24, the first to have received the vaccine. The vaccine, combined with screening, could wipe out cervical cancer and make it a disease of the past.

    But the percentage of women overdue for their cervical cancer screening is growing, and, alarmingly, late-stage cases are on the rise.

    We have had the heartbreaking experience of seeing mothers in the prime of life die from this avoidable disease, leaving small children behind — even women who had an abnormal screening but never received follow-up care. It’s devastating to see an otherwise healthy person slowly die from a preventable cancer.

    Simply put, cervical cancer should never occur. This Cervical Cancer Awareness Month, we should commit to making that a reality. Here is what needs to happen.

    Eliminating cervical cancer requires commitment at multiple levels, from public awareness campaigns with culturally appropriate messaging that broadcasts the power of the vaccine and screenings to prevent cancer to resources that ensure all women have easy access to routine health exams.

    Timely screening reminders and systems to prioritize follow-up care are essential. Too many women with abnormal screenings don’t receive their results, reminders or follow-up instructions they understand and, therefore don’t receive the proper treatment. Barriers also include logistical challenges like transportation and language issues. Studies suggest that 13% to 40% of cervical cancer diagnoses result from lack of follow-up among women with an abnormal screening test.

    Gynecology and primary care practices should be vigilant about reaching and monitoring patients with suspicious test findings. Large health systems can leverage the power of the electronic health record to track abnormal tests and ensure these women receive the proper follow-up.

    Pediatricians should encourage parents of children 9 and older to get the HPV vaccine and stress its safety. About 60% of teenagers are up to date on their HPV vaccines, according to the US Centers for Disease Control and Prevention. Physicians not recommending the vaccine and parents’ rising concerns about its safety, despite more than 15 years of evidence that it is safe and effective, have been cited as top reasons why more children aren’t receiving this lifesaving vaccine.

    College campuses should do large-scale, catch-up vaccination outreach. These students are at high risk for contracting HPV, yet only half report having received the full HPV vaccine series. This service should be provided at no cost to students.

    Stark racial disparities also must be addressed. As Black women physicians, we are frustrated that Black women continue to be more likely to die from the disease than any other race, according to the American Cancer Society. The system failures contributing to this tragedy range from Black women receiving less aggressive treatment to barriers around access to affordable routine health care and the high-quality, specialized treatment needed to treat cancer. Everyone deserves access to quality care.

    Older patients should be told that approval of the HPV vaccine has been extended up to age 45 and to discuss with their doctor whether it’s right for them. Insurance providers should cover the cost of the vaccine for these older ages.

    Women should see a gynecologist on a regular basis well into their older years. We see patients with cervical cancer in their 60s and 70s who haven’t been screened in 20 years. Many people stop seeing a gynecologist after childbearing or menopause, but this shouldn’t be the case. Getting quality gynecological exams throughout a woman’s life is critical to preserving it.

    We also need to empower women to be their own advocates through health education. Women should receive their screening result with an explanation of what it means and any next steps clearly delineated. No news after a screening is not good news. In an ideal world, women would see their HPV status as essential information with the power to save their lives.

    Education makes a difference. At NewYork-Presbyterian and Weill Cornell Medicine, we produced a series of easy-to-understand, publicly available videos on cervical cancer and the HPV vaccine. We showed several of the vaccine videos to more than 100 parents in one of our pediatric practices that serves mostly low-income families as part of a pilot study. Their knowledge scores on a questionnaire about the vaccine and HPV that they completed before and after watching the videos increased nearly 80%, and roughly 40% of the unvaccinated children received the HPV vaccine within one month. We aim to expand this effort.

    We have the tools to prevent cervical cancer but fail to use them effectively. It’s unacceptable, and we can no longer ignore the problem. It’s time for a full-scale offensive focused on all fronts to make cervical cancer a disease of the past.

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    January 21, 2023
  • Lead Supreme Court investigator on Dobbs leak makes clear she spoke to all nine justices | CNN Politics

    Lead Supreme Court investigator on Dobbs leak makes clear she spoke to all nine justices | CNN Politics

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    CNN
     — 

    The Supreme Court marshal who investigated last year’s leak of a draft opinion overturning Roe v. Wade has revealed that she spoke to all nine justices and found nothing to implicate them or their spouses.

    Friday’s remarks by Marshal Gail Curley come after the court’s investigative report on the leak, which was released Thursday, did not specify whether justices had been interviewed, leading to questions as to whether investigators had considered their potential role.

    “During the course of the investigation, I spoke with each of the Justices, several on multiple occasions,” Curley said in a statement. “The Justices actively cooperated in this iterative process, asking questions and answering mine.”

    Curley added: “I followed up on all credible leads, none of which implicated the Justices or their spouses. On this basis, I did not believe that it was necessary to ask the Justices to sign sworn affidavits.”

    Curley said her team conducted 126 formal interviews of 97 Supreme Court employees. The employees were asked to sign affidavits, under penalty of perjury, to affirm that they did not disclose the draft opinion and had provided all “pertinent information” related to the disclosure of the draft.

    The court announced Thursday that it has yet to determine who leaked the draft opinion to the media last year, but at least 90 people had access to the document at one point.

    According to the investigative report, a few employees admitted to telling their spouses about the draft opinion or the vote count of the justices. While the report notes that such actions violated the court’s confidentiality rules, it does not say whether that led to further investigation or disciplinary action.

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    January 21, 2023
  • Supreme Court embarrassed by the opinion leak is embarrassed again | CNN Politics

    Supreme Court embarrassed by the opinion leak is embarrassed again | CNN Politics

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    CNN
     — 

    The Supreme Court’s stunning report Thursday on its failure to discover who leaked a draft decision reversing abortion rights last year laid bare shortfalls at the nation’s highest court, in its technology, protocols for confidentiality and overall institutional safeguards.

    Further, the lack of success in discovering who was responsible raises the possibility of a security breach in the future. It already appears likely to add to the public’s distrust of the justices and accelerate the partisan rancor surrounding the court.

    The justices’ two-page statement and 20-page report from Supreme Court Marshal Gail Curley appear intended to demonstrate the thoroughness of the investigation, with numbers of people interviewed (126 formal interviews of 97 employees) and various forensic measures taken.

    Yet each page rings with limitations and dead ends. It also suggests certain boundaries on who was investigated, referring only to employee scrutiny. There was no mention of possible interviews with the nine individual justices or their spouses.

    On Friday, Curley put out a statement saying she had spoken to the justices but suggesting that it was in a less formal process than her interviews with employees. She said she did not ask the justices to sign sworn affidavits, as she had asked their law clerks, and that none of the leads she pursued implicated the justices or their spouses.

    Overall, it is paradoxical that an institution that cloaks itself in secrecy and casts itself above other Washington institutions would be exposed as such a sieve.

    The report expresses outright how easily confidential information could have slipped out, whether deliberately or accidentally. About 100 people had access to the draft at the outset, according to the details of the report. Many employees, the report said, “printed out more than one copy.”

    In a momentous case involving a half century of precedent protecting women’s privacy rights, routine office precautions were absent. And when the breach was discovered – a breach that the court itself deemed “a grave assault” – it was all but impossible to re-trace internal operations.

    Although the report effectively clears the law clerks who serve the justices for one-year terms, it noted that some of them admitted to telling their spouses about the opinion and vote count, in violation of the clerks’ code of conduct.

    In the days immediately after Politico published the draft, some conservative activists had accused liberal clerks of the disclosure. Liberal advocates, meanwhile, targeted the court’s conservatives who might have been trying cement the 5-4 split to overturn Roe v. Wade. The partisan acrimony only increased once the decision upending reproductive rights nationwide was issued.

    Thursday’s inconclusive report did little to ease such tensions and instead spurred questions about how seriously the court sought out those responsible for the leak.

    Outside critics had predicted that it would be difficult to determine who leaked the draft to Politico, which published the document on May 2, believing that whoever was responsible would not have left a trail.

    But now that the court has laid out its operations, it appears it might have been quite simple to avoid detection.

    Computer and printing technology was not secure. Officials could not determine conclusively whether copies of the draft decision in Dobbs v. Jackson Women’s Health Organization had been surreptitiously copied or emailed to unauthorized devices.

    “(F)or some networked printers there was very little logging capability at the time, so it is likely that many print jobs were simply not captured,” the report stated. Investigators also found that printers used by the justices’ staff were only locally connected, rather than connected to a larger network that could track printing activity.

    The report acknowledged that no written policy existed on how to safeguard or dispose of draft opinions and other sensitive documents.

    “The pandemic and resulting expansion of the ability to work from home, as well as gaps in the Court’s security policies,” Curley wrote, “created an environment where it was too easy to remove sensitive information from the building and the Court’s IT networks, increasing the risk of both deliberate and accidental disclosures of Court-sensitive information.”

    The report, nearly nine months in the making, belied the suspense generated by Chief Justice John Roberts’ launch of the investigation. In his May 3 statement, he referred to a “betrayal of the confidences of the Court … intended to undermine the integrity of our operations.”

    The report came with a seal of approval from an outside firm, the Chertoff Group, hired to review Curley’s investigation. Michael Chertoff, a former judge and secretary of Homeland Security who now runs a private firm, wrote that Curley and her investigators had undertaken a “thorough investigation within their legal authorities.”

    In his one-page statement attached to the justices’ materials for public distribution, Chertoff made specific recommendations, all of which appeared fairly basic for any operation handling legal documents, if not the country’s top judicial officers: restrict the distribution of paper copies of sensitive documents; restrict the email distribution of such documents; adopt tools to better control how such documents are edited and shared; and limit the access of sensitive information on outside mobile devices.

    Curley had noted that no evidence emerged showing that anyone emailed the draft opinion outside, “although technical limitations in the Court’s computer recordkeeping at the time made it impossible to rule out this possibility entirely.” She said she also could not eliminate the possibility that someone had downloaded the opinion to a removable device.

    CNN had reported last summer that Curley was collecting cell phones and other devices from clerks and permanent employees. “To date,” she wrote in the report, “the investigators have found no relevant information from these devices.” Interviews and signed affidavits also yielded no answers.

    Curley, who said that new security measures were being implemented, was candid about how few conclusions her team could reach, adding that the draft opinion could have been inadvertently left in a public place. Yet, she added, regarding any employee who acted intentionally, “that person was able to act with impunity because of inadequate security with respect to the movement of hard copy documents from the Court to home, the absence of mechanisms to track print jobs on Court printers and copiers, and other gaps in securities or policies.”

    That reality puts a bureaucratic stamp on what has been regarded as the court’s most serious breach ever.

    Roberts had vowed back in May that the disclosure would not affect the justices’ work. He declared then that the draft “does not represent a decision by the Court or the final position of any member on the issues in the case.”

    But it did – despite Roberts’ own efforts to try to change the outcome.

    The final opinion, issued on June 24, differed little from the draft opinion reversing Roe v. Wade, a 1973 decision that first gave woman a constitutional right to end a pregnancy. Justice Samuel Alito, who wrote the new opinion, was joined by four fellow conservatives.

    Even after the leak, CNN had learned, Roberts tried to persuade one of the five justices in the majority to break away and prevent the reversal of nearly a half century of abortion rights. The chief justice voted to uphold a disputed Mississippi law that banned abortion at 15 weeks of pregnancy, but he did not want to use the case to obliterate abortion rights at earlier stages of pregnancy.

    None of the five on the right might ever have wavered in their votes, but CNN learned through sources at the time that the leaked decision made Roberts’ negotiating efforts all the more difficult.

    Determining how the leak changed the course of history may be impossible. But Thursday’s report, revealing the loose handling of confidential documents, suggests the leak itself need not have been inevitable.

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    January 20, 2023
  • Trump struggles with the new politics of abortion as a triumphant March for Life arrives in Washington | CNN Politics

    Trump struggles with the new politics of abortion as a triumphant March for Life arrives in Washington | CNN Politics

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    CNN
     — 

    The anti-abortion “March for Life” for decades demonstrated to Republicans that they could not reach the Oval Office without the support of the anti-abortion movement.

    On Friday, marchers will gather in Washington with a decades-long mission accomplished, after the Supreme Court’s removal of a constitutional right to an abortion by overturning the Roe v. Wade decision last year.

    That means this year’s march will be a time for celebration but also of debate about where the movement goes next with some campaigners seeking to restrict the procedure everywhere. But such a refocused goal carries big risks. Democrats after all belatedly leveraged their own energy over abortion in the midterm elections in a backlash against the right-wing Supreme Court majority that helped stave off a big Republican midterm election wave.

    The March for Life also comes at an extraordinary moment when Donald Trump, the president who did more than any other to end Roe after a pact with social conservative voters that helped win him the 2016 GOP nomination, has launched an extraordinary attack on evangelical leaders he sees as insufficiently loyal, as CNN’s Gabby Orr, Kristen Holmes and Kaitlan Collins reported this week.

    “Nobody has ever done more for Right to Life than Donald Trump. I put three Supreme Court justices, who all voted, and they got something that they’ve been fighting for 64 years, for many, many years,” Trump said in an interview on Real America’s Voice Monday, referring to the overturning of federal abortion rights.

    “There’s great disloyalty in the world of politics and that’s a sign of disloyalty,” Trump told conservative journalist David Brody.

    The comment was a window into Trump’s psychology, revealing his transactional understanding of politics and his highly developed sense of fealty he sees owed to him.

    The former president is specifically angry over the failure to immediately endorse his 2024 White House bid by some evangelical leaders who remain influential figures in the conservative movement. Trump’s third White House run has so far failed to pick up significant energy.

    But Trump has also shown signs recently of questioning whether his purported greatest domestic achievement – the building of a generational conservative Supreme Court majority and its subsequent overturning of Roe – may end up hindering his hopes of a return to the White House in 2025. He wrote on his Truth Social platform earlier this month that the “abortion issue” had been poorly handled by many Republicans, especially those who insisted on no exceptions in the case or rape, incest or life of the mother, which he said “lost large numbers of voters.”

    The former president’s comments are backed by exit polls from November’s midterms that showed more than a quarter of voters listing abortion as a top issue. About 61% said they were unhappy with the Supreme Court’s overturning of Roe v. Wade, and about 7 in 10 of those voters backed a Democratic House candidate.

    In his Truth Social comments, Trump appeared to be seeking to offload blame for the Republicans’ failure to win back the Senate and the party’s smaller-than-expected House majority. Trump took on waves of criticism after the election for promoting extreme, election denying candidates who often lost in swing states in the midterm elections.

    But it is notable seeing Trump navigate the shifting politics of abortion and apparently sizing up how it could affect his political prospects in future. After all, he was once unapologetically pro-choice before his foray into Republican politics dictated a shift in position and led to the bargain with evangelicals, which included an effective commitment to appoint anti-abortion justices to the Supreme Court in return for the crucial votes of social conservatives.

    In the past, Trump has been a fixture of the March for Life rally, and in 2020, he became the first sitting president to attend in person as he geared up for his reelection race. He told marchers that “unborn children have never had a stronger defender in the White House.”

    There is no sign yet that he will call into Friday’s event, which will include a detour to the US Capitol on its usual route to the Supreme Court to underline how Congress is now a focus of the movement, as Democrats seek to codify Roe v. Wade protections into law.

    Trump’s comments on abortion and his feuding with evangelical leaders raise the question of whether the former president has made a tactical error and is harming his 2024 candidacy by targeting a critical GOP primary voting bloc at a time when there are growing questions over whether he is still the dominant force in Republican politics.

    Ralph Reed, the executive director of the Faith and Freedom Coalition, told CNN that there is “no path to the nomination without winning the evangelical vote. Nobody knows that better than President Trump because, to the surprise of almost everyone, he won their support in 2016.”

    This question is especially acute in Iowa, the first-in-the-nation caucuses – for Republicans at least – in the 2024 primary season, which will be the first test of the ex-President’s hold over conservatives and evangelicals especially.

    Trump didn’t actually win in Iowa in 2016, coming second to Texas Sen. Ted Cruz and just beating out Florida Sen. Marco Rubio, and the state has often not been a true barometer of how the GOP nominating contest will go.

    However, it will take on extra significance in 2024 and is likely to be seen as a strong indicator of Trump’s appeal to the conservative base. A loss there would create a painful narrative as he headed into subsequent contests – especially since he strongly carried the state in the general elections in 2016 and 2020.

    And it’s easy to come up with a list of potential GOP candidates that might have appeal in the state if they challenge Trump, including Florida Gov. Ron DeSantis, South Dakota Gov. Kristi Noem, former Vice President Mike Pence or Cruz once again. Only Trump so far is a declared 2024 Republican presidential candidate.

    Trump would be in an odd situation in 2024, in that he is in many ways effectively an incumbent given his strong support in the GOP and the fact that he didn’t go away after losing reelection. But at the same time, he’s not a sitting president and looks likely to face a contested primary and so may be more exposed in early contests.

    Still, while some conservative base voters might want to move on, there’s still strong goodwill among many toward Trump, gratitude for the change he brought during his term and admiration for his attitude.

    “Many people forgave him for his misstatements and his missteps because they generally liked his ability to fight, even if that became a cliché for some people, Trump’s detractors,” said Timothy Hagle, an associate professor of political science at the University of Iowa who is an expert on the state’s politics.

    This gets to point often missed about Trump. For many of his supporters, he offered an emotional as much as a political connection. His willingness to say what many grassroots conservatives thought and to assail institutions they despised, like the media or Washington experts and other elites, were as important as many of his often-ill-defined individual political positions.

    And it’s also often forgotten that evangelical voters in places like Iowa do not necessarily vote as a bloc, or according to what their leaders or pastors recommend and may prioritize issues such as taxes over social questions if a candidate is deemed to be generally acceptable. That may give Trump more leeway than more conventional candidates in departing from traditional conservative orthodoxy even over abortion.

    Still, Hagle said, even small numbers of disaffected Iowa voters could make a difference to Trump’s chances in the state if they don’t show up for him, as could more mainstream GOP caucus voters who may be taking a look at other aspects of his candidacy and those of potential rivals.

    “Are they going to support Trump because he fights, or because of his economic position or his position on the border?” Hagle said. “The abortion stuff may not be as important to them, or will they go a different direction at this point?”

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    January 20, 2023
  • Jay Inslee Fast Facts | CNN Politics

    Jay Inslee Fast Facts | CNN Politics

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    CNN
     — 

    Here is a look at the life of Jay Inslee, governor of Washington and former 2020 Democratic presidential candidate.

    Birth date: February 9, 1951

    Birth place: Seattle, Washington

    Birth name: Jay Robert Inslee

    Father: Frank Inslee, biology teacher, coach and athletic director

    Mother: Adele (Brown) Inslee, store clerk

    Marriage: Trudi (Tindall) Inslee (August 27, 1972-present)

    Children: Jack, Connor and Joe

    Education: Stanford University, 1969-1970; University of Washington, B.A., 1973, economics; Willamette University College of Law, J.D., 1976, graduated magna cum laude

    Religion: Protestant

    Inslee is dedicated to addressing climate change and other environmental issues.

    While in the US House of Representatives, he served on the House Committee on Energy and Commerce and on the House Select Committee on Energy Independence and Global Warming.

    He was the first governor to enter the 2020 presidential race.

    At Seattle’s Ingraham High School, Inslee was the starting quarterback.

    Worked his way through college doing odd jobs.

    Has praised the “Green New Deal,” saying it is “raising people’s ambitions” and “making what might seem impossible within the realm of the possible,” but has not outright said he would support the entire package. Nor has he endorsed Medicare-for-all.

    Established Washington’s Marijuana Justice Initiative. It allows for gubernatorial pardons for those previously convicted of a single misdemeanor marijuana crime “between January 1, 1998, and December 5, 2012, when I-502 legalized marijuana possession.”

    After law school, works as an attorney with Peters, Schmalz, Leadon & Fowler (later Peters, Fowler and Inslee), and serves as a city prosecutor for over a decade.

    November 1988 – Wins an open seat in the Washington House of Representatives for the 14th District against Lynn Carmichael (R) with 51.64% of the vote. Is reelected in 1990 with 61.82% of the vote.

    1989-1993 – Washington House of Representatives.

    November 1992 – Wins US House of Representatives seat for Washington’s 4th District against Richard “Doc” Hastings (R) with 50.84% of the vote.

    January 3, 1993-January 3, 1995 – US House of Representatives.

    November 1994 – Loses his reelection bid to the US House of Representatives to Hastings with 46.6% of the vote.

    1995-1996 – Attorney at Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim L.L.P.

    September 1996 – Unsuccessful gubernatorial bid, only coming in third with 10% of the vote in the primary.

    1997-1998 – Region 10 Director for the US Department of Health and Human Services under US President Bill Clinton, serving Alaska, Idaho, Oregon and Washington.

    November 1998 – Wins US House of Representatives seat for Washington’s 1st District, after four years out of office, against incumbent Rick White (R) with 49.77% of the vote.

    January 3, 1999-March 20, 2012 – US House of Representatives. Reelected six times.

    2007 – His book, “Apollo’s Fire: Igniting America’s Clean Energy Economy,” written with Bracken Hendricks, is published.

    March 10, 2012 – Announces he will resign from the US House of Representatives in order to focus on his run for governor of the state.

    November 2012 – Wins the election for governor of Washington, defeating Rob McKenna (R) with 51.54% of the vote. Is reelected in 2016 with 54.39% of the vote.

    January 16, 2013-present – Governor of Washington.

    February 11, 2014 – Announces that he is suspending executions while he is in office, meaning he will issue reprieves when any capital cases come to his desk for action.

    2015-2016, 2017-2018 – Education and Workforce Committee Chair, National Governors Association (NGA).

    2016-2017, 2018-2019 – Education and Workforce Committee Vice Chair, NGA.

    2016 – Endorses Hillary Clinton for president of the United States.

    2017-present – Co-chair of the US Climate Alliance, a group he co-founded with California Governor Jerry Brown and New York Governor Andrew Cuomo. The Alliance pledges to uphold the Paris Climate Accord following the United States’ withdrawal from the agreement.

    2017-2018 – Chairman of the Democratic Governors Association.

    July 5, 2017 – Inslee signs Washington’s paid family and medical leave act into law. It is considered one of the most generous such laws in the nation.

    November 6, 2018 – Loses a bid to enact a statewide carbon emissions tax, for the second time in two years.

    March 1, 2019 – Releases a video announcing his presidential candidacy.

    March 14, 2019 – Signs a bump stock buy-back program into law a week before a nationwide ban takes effect. The devices, which replace the standard stock and grip of a semi-automatic firearm, make it easier to fire rounds from such a weapon by harnessing the gun’s recoil to “bump” the trigger faster.

    August 21, 2019 – Suspends his 2020 presidential campaign.

    August 22, 2019 – Announces that he is running for a third term as governor.

    November 3, 2020 – Wins reelection to a third term as governor.

    June 30, 2022 – Inslee issues a directive that bars state police from cooperating with out-of-state investigatory requests related to abortion in his efforts to make the state a “sanctuary” for those seeking abortion services. The decision comes after the US Supreme Court ruled to strike down Roe v Wade, the 1973 legal precedent which guaranteed people’s federal constitutional right to abortion. The historic ruling essentially leaves abortion laws in states’ hands.

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    January 17, 2023
  • Alabama attorney general says people who take abortion pills could be prosecuted | CNN Politics

    Alabama attorney general says people who take abortion pills could be prosecuted | CNN Politics

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    CNN
     — 

    Alabama’s Republican attorney general said this week that women in the state who use prescription medication to terminate their pregnancies could be prosecuted under a chemical-endangerment law, even though Alabama’s anti-abortion law does not intend to punish women who receive abortions.

    Steve Marshall made the comments in the wake of a decision earlier this month by the US Food and Drug Administration to allow certified pharmacies to dispense the abortion medication mifepristone to people who have a prescription.

    “The Human Life Protection Act targets abortion providers, exempting women ‘upon whom an abortion is performed or attempted to be performed’ from liability under the law,” Marshall said in a statement to AL.com on Tuesday. “It does not provide an across-the-board exemption from all criminal laws, including the chemical-endangerment law—which the Alabama Supreme Court has affirmed and reaffirmed protects unborn children.”

    The chemical endangerment law was passed in 2006 amid high drug usage in Alabama with aims of protecting children from chemicals in the home, but district attorneys have successfully applied the law to protect fetuses of women who used drugs during pregnancy.

    It’s unclear if there are any pending cases against women in Alabama in the wake of the FDA’s announcement. CNN has reached out to Marshall’s office for comment.

    At least one Democrat, Alabama state Rep. Chris England, argued on Twitter that the chemical endangerment law is “extremely clear” and under it, a woman could not be prosecuted for taking a lawfully prescribed medication.

    “Any prosecutor that tries this, or threatens it, is intentionally ignoring the law,” England wrote on Thursday morning.

    Emma Roth, an attorney with Pregnancy Justice, a nonprofit that provides legal representation for women charged with crimes related to pregnancy, said on Twitter that the effect of Marshall’s comments will be to create “a culture of fear among pregnant women.”

    The comments are “extremely concerning and clearly unlawful,” Roth elaborated in a statement to CNN. “The Alabama legislature made clear its opposition to any such prosecution when it explicitly exempted patients from criminal liability under its abortion ban.”

    The chemical endangerment law says it does not require reporting controlled substances that are prescription medications “if the responsible person was the mother of the unborn child, and she was, or there is a good faith belief that she was, taking that medication pursuant to a lawful prescription.”

    Mifepristone can be used along with another medication, misoprostol, to end a pregnancy. Previously, these pills could be ordered, prescribed and dispensed only by a certified health care provider. During the Covid-19 pandemic, the FDA allowed the pills to be sent through the mail and said it would no longer enforce a rule requiring people to get the first of the two drugs in person at a clinic or hospital.

    Marshall’s comments underscore the legal uncertainty wrought by the Supreme Court’s decision last year to end the federal right to an abortion. In the wake of the Dobbs decision, several Republican-led states passed strict anti-abortion laws, while several others, including Alabama, that had passed so-called trigger laws anticipating an eventual overturn of Roe v. Wade, saw their new restrictions go into effect.

    While the anti-abortion movement seeks to prevent abortions from taking place, it has often opposed criminalizing the women who undergo the procedure.

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    January 12, 2023
  • Meet the group protecting patients from protesters outside abortion clinics | CNN Politics

    Meet the group protecting patients from protesters outside abortion clinics | CNN Politics

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    A version of this story appears in CNN’s What Matters newsletter. To get it in your inbox, sign up for free here.


    Washington
    CNN
     — 

    When the Supreme Court overturned Roe v. Wade in June, Planned Parenthood made a vow.

    “It is a dark day for our country, but this is far from over. We will not compromise on our bodies, our dignity or our freedom,” the organization said in a statement.

    But with more than a dozen states enacting complete or partial bans on abortion following the Supreme Court decision, abortion clinics, like those operated by Planned Parenthood, and the protests they attract have become an even more potent symbol of the country’s deep divisions over reproductive health.

    To minimize the effect these protests have on patients visiting Planned Parenthood clinics, the organization deploys volunteer clinic escorts to “help get patients to the door of our clinic with as little harassment from protesters and picketers as possible,” according to its website.

    The result is a defensive role on the front lines of America’s abortion debate.

    To understand the role and what it entails, we turned to Marian Starkey, a volunteer Planned Parenthood clinic escort in Maine who has been guiding patients past protesters at different locations since 2007.

    Our conversation, conducted over the phone in late December and lightly edited for flow and brevity, is below.

    LEBLANC: When you sign on for your clinic escort shift, what can the average day bring? I imagine every day is a little bit different.

    STARKEY: To a degree. I mean, the difference really revolves around the public’s reaction to the protesters. Honestly, the protesters are pretty consistent. It’s generally the same people who show up every Friday.

    Friday is the procedure day at Planned Parenthood. And so that’s the day that the protesters are there. They usually arrive around 8:30 in the morning and, depending on the weather, they’ll stay until 11 o’clock or sometimes later if it’s nice out.

    They show up with massive signs that barely fit in their cars. They have to kind of squish them into the back seats of their cars when they leave at the end of the shift. The signs show fetuses in very advanced stages of development and pretty, pretty gruesome images, and they’re meant to shock and disturb patients and passersby, which they do.

    They show up and they do a little prayer to start off their day. And then the men – it’s always men – will take turns preaching throughout the morning. I’ve never, in the 15 or 16 years I’ve been doing this, I’ve never seen a woman preach, always the dudes. Young ones, too.

    I mean, men as young as probably 19 or 20 sort of get on their soapbox and preach at passing traffic, at the patients entering the clinic. But mostly at us.

    STARKEY: Honestly, the patient traffic isn’t so heavy that there’s always somebody for them to be sort of focusing on. So they focus most of their attention on us greeters and try to learn personal information about us and then use that to sort of get under our skin.

    I mean, they all know my name. They know that my mom’s a midwife. I hear about that a lot – that, you know, she brings life into this world and I take it out.

    LEBLANC: Oh, wow.

    STARKEY: Yeah, so it can be pretty targeted. We have a non-engagement policy across the country, so we don’t speak with them; we try not to even acknowledge them with eye contact. And so we just kind of look right through them or look up and down the sidewalk to see what’s going on with patients and people passing by.

    And that doesn’t deter them from talking at us, but we don’t engage.

    LEBLANC: How is it that they’re learning personal information about the clinic escorts?

    STARKEY: The same way that we’re learning information about them, if I’m being honest. If they make the mistake of using each other’s names out on the sidewalk, then now we know their name.

    They coordinate with each other using a Facebook page, and so if you go to that page, you can see a lot of their activity, and it can actually be kind of useful to see what they’ve got cooking. They’ll sometimes reveal plans for future protest events that they wanna do.

    But it’s also a place to see their pictures, and so we can recognize who they are. And I imagine they do the same thing with us.

    LEBLANC: So your goal is to basically shield the people using Planned Parenthood’s facilities from as much protester activity as possible?

    STARKEY: Yeah, and to just keep the chaos to a minimum, if possible. Patients can’t tell when they turn the corner from the parking garage and start their walk down the sidewalk – they can’t tell who’s a protester and who isn’t and who’s on their side and who’s not.

    And so when they make their appointments over the phone, they’ve already been warned there are protesters. They’ve also been told that there are clinical volunteers who are wearing these bright pink vests.

    But I think sometimes that doesn’t even register for them because they’re just in such a state when they see what they have to walk through. So, you know, we’re just trying to keep things as calm as possible, and not engaging with them tends to be the best way to do that.

    People are in all sorts of different mental states when they arrive. A lot of times just the presence of the protesters will make them cry. They have to walk down almost an entire block to get from the corner where the parking garage is to the front door of the clinic. And so I’m sure that can feel like an eternity for patients when they’re already upset.

    And so a lot of times they’ll burst into tears or the partners that they’re with – their support person – will start screaming at the protesters.

    A lot of times the men are actually the targets of the abuse from the protesters. They have sort of standard lines that they shout at them, like “real men don’t kill their children” and “be a father” or “don’t kill your child,” that sort of thing.

    So yeah, it’s just chaos out there. It’s a circus.

    LEBLANC: Have you ever had someone come in that was so traumatized by the experience that they no longer want to go through with their procedure?

    STARKEY: I haven’t seen that happen. The protesters, we will hear them sometimes boast about all of the lives that they’ve saved through people changing their minds. I haven’t seen it happen. So I’m not sure what they’re referring to when they say that.

    I don’t know, maybe something’s happening behind the scenes that we’re not privy to. I’m not sure.

    We have had patients for sure who, if there weren’t greeters on the corner, would not have walked down the sidewalk by themselves, and they told us that.

    LEBLANC: You’ve been doing this a long time. I’m curious if you’ve noticed a change at all since the Dobbs decision that overturned Roe v. Wade?

    STARKEY: Honestly I don’t think so. The protesters seemed happy about it, but not overjoyed. They have told us over the years in their preaching, but also just kind of the one-sided conversations they have with us, that they’re not political people. That for them, the person in charge is Jesus Christ and they’re not all that interested in the laws of man and the elected officials that we have.

    What I have noticed that’s different is that people passing by are a lot angrier.

    The morning of the decision, a man came by and just screamed in the faces of the protesters: “You finally got what you wanted, now you can get out of here.” And they just kind of calmly explained to him, “Well, no, because abortion is still legal in Maine, so we still have work to do, and we’ll be out here regardless.”

    I had never before the Dobbs decision – I had never seen people passing by grab their signs and make off with them. And now that’s happened. I mean, I’ve probably seen that five or six times now.

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    January 11, 2023
  • France offers free condoms to young people and free emergency contraception to all women | CNN

    France offers free condoms to young people and free emergency contraception to all women | CNN

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    CNN
     — 

    Free condoms are now available to young people under the age of 26 at French pharmacies as part of what French President Emmanuel Macron has called “a small revolution in preventative healthcare.”

    The new health strategy, which aims to curb the spread of sexually transmitted diseases (STDs) among young people in France, came into place on New Year’s Day and was announced by Macron in December. It was initially aimed at those aged 18-25, but was later extended to minors.

    Emergency contraception will also be available for free to all women without a prescription as of January 1, according to a tweet from government spokesperson Olivier Veran on Monday.

    Since January 1, 2022, French women under the age of 26 already had access to free contraception. This included consultations with doctors or midwives and medical procedures associated with their chosen contraceptive.

    The latest measures come as health authorities estimate that the rate of STDs in France increased by about 30% in 2020 and 2021, Reuters news agency reported.

    “It’s a small revolution in preventative healthcare. It’s essential so that our young people protect themselves during sexual intercourse,” Macron said in December.

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    January 2, 2023
  • Roberts calls for judicial security in year-end report while avoiding mention of ethics reform or abortion draft leak | CNN Politics

    Roberts calls for judicial security in year-end report while avoiding mention of ethics reform or abortion draft leak | CNN Politics

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    CNN
     — 

    Chief Justice John Roberts urged continued vigilance for the safety of judges and justices in an annual report published Saturday, after a tumultuous year at the US Supreme Court.

    “A judicial system cannot and should not live in fear,” Roberts wrote.

    While drawing attention to judicial security, however, the chief justice bypassed other controversies, including calls for new ethics rules directed at the justices, and an update on an investigation launched eight months ago into the unprecedented leak of a draft abortion opinion last spring that unleashed nationwide protests.

    Avoiding direct mention of any specific controversy, Roberts praised judges who face controversial issues “quietly, diligently and faithfully,” and urged continued congressional funding devoted to security.

    Roberts said that while there is “no obligation in our free country” to agree with decisions, judges must always be protected.

    “The law requires every judge to swear an oath to perform his or her work without fear or favor, but we must support judges by ensuring their safety,” he wrote.

    Besides his duties on the high court, Roberts presides over the Judicial Conference, a body responsible for making policy regarding the administration of the courts, and he releases a report each New Year’s Eve on the state of the judiciary.

    Some critics of the court were hoping that Roberts would use his annual report to concretely address other concerns that arose over the last several months.

    The report comes as public opinion of the court has reached an all-time low. The justices, who are on their winter recess, took on blockbuster cases this fall concerning the issues of voting rights and affirmative action. In the second half of the term, they will discuss issues such as immigration and President Joe Biden’s student loan forgiveness program.

    Roberts made no direct mention, for instance, of the status of an ongoing investigation into the leak last May of the draft opinion overturning Roe v. Wade.

    The disclosure – and the eventual opinion released the following month – triggered protests across the country, including some staged outside of the justices’ homes. In June, a man was arrested near the home of Justice Brett Kavanaugh and later charged with attempted murder of a Supreme Court justice. According to court documents, the man, Nicholas Roske, told investigators that he was upset over the leaked draft opinion overturning Roe.

    In addition, the court building was surrounded by 8-foot security fences that were only brought down ahead of the new term at the end of August.

    In May, Roberts launched an investigation into the leak, but has not provided any public updates.

    Roberts did not bring up ethics reform in the year-end report, but others had hoped he would use it to address the ongoing calls for a more formal code of ethics directed at the justices.

    “There is no doubt that judicial security is paramount,” said Gabe Roth, the executive director of a group called Fix the Court, which is dedicated to more transparency in federal courts. Roth said he thought Roberts should have done more this year to shore up the public’s faith in the ethics of the court.

    “As things stand now, there is no formal code of conduct for the Supreme Court and justices themselves get to decide how they conduct themselves both on and off the bench without any formal guiding principles,” Roth said.

    Back in 2011, Roberts dedicated his year-end report to the issue of ethics, addressing such criticism.

    “All Members of the Court do in fact consult the Code of Conduct in assessing their ethical obligations,” Roberts at the time. He noted that the justices can consult a “wide variety” of other authorities to resolve specific ethical issues including advice from the court’s legal office.

    Federal law also demands a judge should disqualify himself if his “impartiality might reasonably be questioned.”

    Roth said that this year the court’s integrity has been tested in ways it rarely has in the past, between the leaked opinion and the activities brought to light concerning Virginia “Ginni” Thomas – a long-time conservative activist and the wife of Justice Clarence Thomas.

    In March, the House select committee investigating the January 6, 2021, attack on the US Capitol had in its possession more than two dozen text messages between Ginni Thomas and former Trump White House chief of staff Mark Meadows.

    The text messages, reviewed by CNN, show Thomas pleading with Meadows to continue the fight to overturn the 2020 presidential election results.

    Roth and others say that Justice Thomas should have recused himself – including from a January case in which the high court cleared the way for the release of presidential records from the Trump White House to the committee. Thomas was the sole dissenter.

    “Federal law says that recusal is required when a justice’s impartiality could be reasonably questioned, and that was clearly the case here,” Roth said.

    Ginni Thomas ultimately voluntarily testified before the committee, but she was not mentioned in the panel’s final report released last week.

    Thomas told the committee that she regretted the “tone and content” of the messages she was sending to Meadows, according to witness transcripts the panel released on Friday, and that her husband only found out about the messages in March 2022.

    Thomas said she could “guarantee” that her husband never spoke to her about pending cases in the court because it was an “ironclad” rule in the house, according to the transcript. Additionally, she said that Justice Thomas is “uninterested in politics.”

    Ginni Thomas’ lawyer, Mark Paoletta, released a statement last week saying she was “happy to meet” with the committee to “clear up misconceptions” but that the committee had “no legitimate reason to interview her.”

    He called her post-election activities after Trump lost in 2020 “minimal.”

    “Mrs. Thomas had significant concerns about potential fraud and irregularities in the 2020 election, and her minimal activity was focused on ensuring that reports of fraud and irregularities were investigated,” Paoletta said.

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    December 31, 2022
  • Biden remembers Pope Benedict XVI as ‘renowned theologian, with a lifetime of devotion to the Church’ | CNN Politics

    Biden remembers Pope Benedict XVI as ‘renowned theologian, with a lifetime of devotion to the Church’ | CNN Politics

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    CNN
     — 

    President Joe Biden mourned the passing of Pope Emeritus Benedict XVI, saying in a statement Saturday that the late pontiff “will be remembered as a renowned theologian, with a lifetime of devotion to the Church, guided by his principles and faith.”

    Benedict died Saturday at the age of 95 in a Vatican monastery, according to a statement from the Vatican. He was the first pope in almost 600 years to resign his position, rather than hold office for life, doing so in 2013.

    Biden, the second Catholic to serve as president of the United States, reflected on his meeting with Benedict at the Vatican in 2011, recalling the late pontiff’s “generosity and welcome as well as our meaningful conversation.”

    “As he remarked during his 2008 visit to the White House, ‘the need for global solidarity is as urgent as ever, if all people are to live in a way worthy of their dignity.’ May his focus on the ministry of charity continue to be an inspiration to us all,” Biden said Saturday.

    Benedict’s funeral will be held on Thursday in St. Peter’s Square in Vatican City at 9:30 a.m. local time, the Vatican statement said. The funeral will be led by Pope Francis.

    Benedict was a polarizing figure, hailed by conservatives who admired his erudite writings and careful theology. But he faced criticism, particularly in the postmodern West, for his staunch insistence on fidelity to church doctrine and his willingness to silence dissent. He also came under fire for his handling of the sexual abuse crisis that engulfed the Catholic Church during his years as a senior cleric.

    Benedict met with three sitting US presidents – in addition to future President Biden – during his time as leader of the Catholic Church.

    “It was like going back to theology class,” Biden told America, a Jesuit publication, in 2015 of his meeting with Benedict. “And by the way, he wasn’t judgmental. He was open. I came away enlivened from the discussion.”

    In pictures: The life of Pope Benedict XVI


    Benedict met with his first sitting president in 2007 when George W. Bush traveled to the Vatican. Benedict made his only papal visit to the United States the following year. Bush took the rare step of meeting the pope when his plane arrived at Joint Base Andrews outside Washington, DC, and he later welcomed Benedict to the White House with an arrival ceremony on the South Lawn where thousands gathered and sang “Happy Birthday” to the pope, who turned 81 that day.

    Later that year, Bush visited Benedict at the Vatican, where the two men strolled through the Vatican Gardens and met privately for roughly 30 minutes.

    In 2009, President Barack Obama met with Benedict for 30 minutes at the Vatican. Officials at the time said their meeting included discussions on addressing poverty and the Middle East, as well as issues such as abortion and stem cell research.

    Abortion also appeared to be a topic of discussion during Biden’s meeting with Benedict. In his 2015 interview with America, Biden said the two men spoke about Catholic doctrine and the then-vice president’s view that he should not impose his own beliefs on other people, including on issues such as abortion.

    Benedict talked about Biden’s abortion stance after he became president in 2021.

    “It’s true, he’s Catholic and observant. And personally, he is against abortion,” Benedict said in an interview with The Tablet, a Catholic publication. “But as president, he tends to present himself in continuity with the line of the Democratic Party … and on gender policy, we still don’t really understand what his position is.”

    Biden also spoke of Benedict at a White House event this summer, calling him a “great theologian, a very conservative theologian.” The president shared that Benedict had asked him for advice when they met.

    “‘Well, one piece of advice,’ I said, ‘I’d go easy on the nuns. They’re more popular than you are,’” Biden recounted to laughter.

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    December 31, 2022
  • Anita Hill says Supreme Court overturning Roe v. Wade is indicator of what could happen to individuals’ civil rights | CNN Politics

    Anita Hill says Supreme Court overturning Roe v. Wade is indicator of what could happen to individuals’ civil rights | CNN Politics

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    CNN
     — 

    Americans should not just consider how the Supreme Court’s decision to overturn Roe v. Wade impacts women’s rights, but also how it affects individuals’ civil rights, Anita Hill said in an interview with CNN’s Chris Wallace.

    Asked by Wallace if the decision by Justice Clarence Thomas to vote in the 5-4 majority in favor of overturning the landmark ruling makes it harder for her to reconcile his time on the high court, Hill said the decision was about a “shrinking of rights.”

    Hill accused Thomas of sexual harassment in testimony during his 1991 Supreme Court confirmation hearing. Thomas has denied the allegations.

    She told Wallace that the conservative Thomas is not the only one on the bench who wants to assess access to contraception and protections for gender identity, adding that “the votes are there to move us in that direction.”

    “I believe that’s why we should – how we should be looking at Dobbs, not just as an indicator of what is going to happen on reproductive rights, but also what will happen to us as a country in terms of how much we value the civil rights of individuals and especially marginalized people,” she said on “Who’s Talking to Chris Wallace,” which is set to air on CNN on Sunday night.

    Since June – when the Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization, holding that there is no longer a federal constitutional right to an abortion – several states have moved to enshrine abortion protections in their constitutions. And after Thomas’ concurring opinion on the decision where he called for rulings on contraception, same-sex marriage and other rights to be revisited, President Joe Biden signed an executive order aiming to safeguard access to abortion care and contraceptives.

    The Senate on Tuesday passed legislation to protect same-sex and interracial marriage, called the Respect for Marriage Act, in a landmark bipartisan vote amid concern the Supreme Court might overturn its 2015 Obergefell v. Hodges decision that legalized same-sex marriage. The House would need to approve the legislation before sending it to President Joe Biden’s desk to be signed into law.

    Hill also told Wallace she was “shocked” to get a call from Thomas’ wife, Virginia “Ginni” Thomas, who she said in 2010 left a voicemail message requesting an apology from the law professor.

    “I had really no idea what to make of it. But I knew this, I knew that I did not want to entertain that kind of call either on the voicemail or face to face, that it was not something that clearly, I was not going to apologize for 1991,” Hill said. “And I didn’t in fact believe that the call was a sincere attempt to reconcile anything, and that I was going to do what I needed to do to stop it from happening.”

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    December 3, 2022
  • Justice Department asks Supreme Court to intervene in abortion drug ruling | CNN Politics

    Justice Department asks Supreme Court to intervene in abortion drug ruling | CNN Politics

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    CNN
     — 

    The Justice Department asked the Supreme Court Friday to intervene in an emergency dispute over a Texas judge’s medication abortion drug ruling, requesting that the court step in now rather than wait for an appeal to formally play out at the federal appellate level.

    The case is the most important abortion-related dispute to reach the high court since the justices overturned Roe v. Wade last term. It centers on the scope of the US Food and Drug Administration’s authority to regulate a drug that is used in the majority of abortions today in states that still allow the procedure.

    Solicitor General Elizabeth Prelogar said in the filing that it “concerns unprecedented lower court orders countermanding FDA’s scientific judgment and unleashing regulatory chaos by suspending the existing FDA-approved conditions of use for mifepristone.”

    She said that if the ruling were allowed to stand it would “inflict grave harm on women, the medical system, the agency, and the public.”

    Danco, a manufacturer of the drug, also asked the justices to step in on an emergency basis before Friday, with an attorney for the company saying in its filing that leaving the lower court opinion in play will “irreparably harm Danco, which will be unable to both conduct its business nationwide and comply with its legal obligations under the FDCA nationwide.”

    “The lack of emergency relief from this Court will also harm women, the healthcare system, the pharmaceutical industry, States’ sovereignty interests, and the separation-of-powers,” the attonrey, Jessica L. Ellsworth, told the justices.

    The clock is ticking. If the Supreme Court does not step in, the district court’s ruling, as amended by a subsequent appeals court opinion, will go into effect at midnight CT, and access to the drug, Mifepristone, will be restricted while the appeals process plays out.

    Both the government and Danco are asking the court to freeze the lower court opinion, or alternatively, agree to take up the case themselves and hear arguments before the summer recess, a very expedited time frame.

    The controversy began when US District Court Judge Matthew Kacsmaryk issued a broad ruling that blocks the FDA’s 2000 approval of the drug, as well as changes the FDA made in subsequent years to make the drug more accessible.

    Late Wednesday, the 5th US Circuit Court of Appeals froze part of the ruling. The court said the drug, that was approved in 2000, could stay on the market, but agreed with Kacsmaryk that access could be limited.

    The appeals court ordered a return to the stricter, pre-2016 FDA regime around the drug, which prevents mailing the pill to patients who obtained it through telehealth, or virtual visits with their providers rather than traveling to a clinic or hospital to obtain the drug in person.

    The restrictions also affect the instructions on the label for the medication, shortening the window of obtaining the pill to seven weeks into pregnancy as opposed to 10. It’s possible however that even with the ruling in effect, some providers could go “off-label” and continue to prescribe mifepristone up until 10 weeks. Mifepristone is one of the drugs used for an abortion via medication as opposed to surgery.

    Prelogar, the solicitor general, argued in her filing to the Supreme Court that the FDA’s expert judgment should not be challenged.

    “FDA has maintained that scientific judgment across five presidential administrations, and it has modified the original conditions of mifepristone’s approval as decades of experience have conclusively demonstrated the drug’s safety,” she wrote, reminding the justices that currently, “more than half of women in this country who choose to terminate their pregnancies rely on mifrepristone to do so.”

    She highlighted a key threshold issue in the case, arguing that the doctors opposed to abortion who are behind the suit do not have the legal right to be in court. That is because, she said, they neither “take nor prescribe” the drug, and the FDA’s approval “does not require them to do or refrain from doing anything.”

    CNN Supreme Court analyst Steve Vladeck, who is a professor at the University of Texas School of Law, said the 5th Circuit’s ruling “froze the craziest, most harmful parts of Kacsmaryk’s ruling,” but that access to mifepristone is still significantly limited.

    “The panel ruled that the challenge to the 2000 approval of mifepristone itself is likely time-barred, so it froze that part of the ruling,” he wrote on Twitter. “But it *didn’t* freeze Kacsmaryk’s block of the 2016 and 2021 revisions that (1) make mifepristone available up to 10 weeks; and (2) by mail.”

    Medication abortion has emerged a particularly heated flashpoint in the abortion legal battle since the Supreme Court last year overturned the Roe v. Wade precedent that protected abortion rights nationally.

    In November, anti-abortion doctors and plaintiffs brought the lawsuit challenging the FDA’s 2000 approval of the drug and targeting how the agency has since changed the rules around its use in ways that have made the pill easier to obtain.

    A split 5th Circuit panel said in its order that it was reinstating the approval of the drug because of certain procedural obstacles the plaintiffs face in challenging it. But the appeals court said that the abortion pill’s defenders had not shown that they were likely to succeed in defeating the plaintiffs’ claims against the FDA’s more recent regulatory actions toward mifepristone.

    The appellate order was handed down by Circuit Judges Catharina Haynes, a George W. Bush nominee, and Kurt Engelhardt and Andrew Oldham, both Donald Trump nominees. Haynes, however, did not sign on to some aspects of the order.

    The FDA approved mifepristone after a four-year review process. It has shown to be a safe and effective way to terminate a pregnancy in the two-plus decades it’s been on the market. But anti-abortion doctors and medical associations allege that the agency ran afoul of the law by not adequately taking into account the drug’s supposed risks.

    This story has been updated with additional developments.

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    April 12, 2021
  • The Supreme Court just handed Joe Biden a series of setbacks. It may have also given Democrats new motivation to reelect him | CNN Politics

    The Supreme Court just handed Joe Biden a series of setbacks. It may have also given Democrats new motivation to reelect him | CNN Politics

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    CNN
     — 

    President Joe Biden wasn’t planning to take questions on Thursday. His helicopter was waiting outside on the White House’s South Lawn.

    But after a 10-minute statement on the Supreme Court’s affirmative action ruling, a CNN reporter called out, “Is this a rogue court?” The president stopped in his tracks.

    Pausing to think a moment, he looked over his shoulder. “This is not a normal court,” he said before leaving.

    This week’s monumental rulings – striking down affirmative action in college admissions and unraveling Biden’s student debt relief plan among them – amount to serious setbacks for a president who promised as a candidate to advance racial equity and erase student debt.

    They are also an urgent reminder to Democrats of the enduring consequences of elections at a moment Biden’s advisers are searching for ways to inject enthusiasm into his bid for another term.

    What impact that will have on the coming election remains unknown. But Biden and his team have already begun assigning blame on Republicans for dismantling programs that have benefited young, college-educated and minority voters – all critical components of the Democratic coalition Biden will need to mobilize if he hopes to win reelection.

    That three justices within the court’s conservative majority were appointed by President Donald Trump – both Biden’s predecessor and, according to polls, his most likely opponent next year – creates even more of an impetus for Biden to use the rulings as a political cudgel as his campaign heats up.

    “The excesses of the Supreme Court are going to backfire,” said Rep. Ritchie Torres, a New York Democrat. “You know, the Supreme Court’s decision to overturn Roe versus Wade reduced what was supposed to be a red wave in the 2022 election cycle to nothing more than a red trickle. So not only is the Supreme Court’s decision bad law, it’s also bad politics and it’s going to come back to haunt the Republican Party.”

    Speaking to a group of Democratic donors in New York City on Thursday evening, Biden sought to underscore the stakes of the court’s new supermajority, a preview of how he’ll frame the issue over the coming year.

    “The Supreme Court is becoming not just conservative, but almost – it’s like a throwback. It’s like a throwback, some of the decisions they’re making,” Biden told donors in a private dining room inside the Seagram Building. “Did you ever think we’d be in a position, after 50 years of acknowledging the right of privacy in the Constitution, suggesting that there’s no such thing as the right to privacy?”

    Despite his criticism of the court, Biden has rejected some liberal suggestions on reforming the panel. He opposes expanding the number of justices that sit on the court and hasn’t embraced term limits.

    “If we start the process of trying to expand the court, we’re going to politicize it, maybe forever, in a way that is not healthy,” Biden said during a friendly interview on MSNBC shortly after Thursday’s decision on affirmative action.

    Biden’s student loan plan, which came about last year after months of agonizing internal debate over its costs and eligibility criteria, was intended to free low- and middle-income Americans from crippling debt.

    Throughout the process, Biden expressed concern at being seen as offering a handout to the wealthy. Eventually, pressure to fulfill one of his top campaign promises led to the plan to forgive up to $20,000 in student loan debt for certain borrowers.

    For months the White House publicly said there was no alternative plan if the Supreme Court struck down the student debt relief program. But behind the scenes, top White House officials were working for several weeks to fulfill a simple directive from the president to “be ready in the event the Supreme Court did not do the right thing,” White House officials said.

    The president’s charge to his team was described as this: “If the court ruled against the program, find other ways to deliver relief for as many working and middle-class borrowers as possible, accounting for all the legal issues.”

    For the past few weeks, White House chief of staff Jeff Zients gathered his team for weekly meetings to map out all scenarios for the Supreme Court’s ruling and explore all legal avenues available to them after the president told his team to build a “fully developed response” to all possible rulings, officials said.

    Zient’s office – led by deputy chief of staff Natalie Quillian, the Domestic Policy Council, National Economic Council and White House Counsel’s Office – worked with the Department of Education and the Department of Justice to come up with options the administration could take if the ruling was not in their favor.

    “All of these meetings were structured around one question – how would we be able to deliver relief to as many borrowers as we could, as quickly as possible under any possible outcome of the Supreme Court,” official said.

    The White House also stayed in touch with and fielded suggestions for next steps from debt relief advocate groups and congressional allies throughout the process. Lawyers from the White House, Justice Department and Education Department examined all of the recommendations, including administration action and the legal authorities available to the administration, and ultimately crafted responses for multiple scenarios.

    Inside the White House, some officials had held out hope the court would uphold Biden’s student debt program, pointing to some surprising decisions over the past weeks that saw some conservative justices joining liberals on issues of voting rights and congressional redistricting.

    But even Biden acknowledged after the court’s oral arguments in February he wasn’t certain the ruling would go his way.

    “I’m confident we’re on the right side of the law,” Biden told CNN in March when asked if he was confident the administration would prevail in the case. “I’m not confident of the outcome of the decision yet.”

    His instinct was correct. The president was in the Oval Office on Friday morning when he was informed of the Supreme Court’s decision by his senior aides and then engaged in meetings stretching into the afternoon to fine-tune their response after the ruling was not in their favor.

    Ultimately, the president directed his team to move forward with a new plan, which includes pursuing a new path for debt relief through the authorities in the Higher Education Act of 1965, which was promoted by some debt relief advocate groups and progressive lawmakers, as well as creating a temporary 12-month “on-ramp repayment” program for federal student loan borrowers when payments resume in October.

    A day earlier, Biden was watching the news on television when the affirmative action decision was handed down by the court, according to an official. A team from the White House counsel’s office came to brief him on the ruling.

    “In our conversations with the White House about why student debt cancelation was needed, it’s about reducing the racial wealth gap,” said Wisdom Cole, national director of the Youth & College division at the NAACP. “If the administration is committed to diversity, equity, and inclusion, they must use every tool in their toolkit. Every legal authority to ensure that we see relief happen.”

    Demonstrating urgency in responding to the court’s actions was a key objective as the White House prepared for both rulings, according to people familiar with the matter.

    Looming over the preparations was the impression left after last year’s Supreme Court term that the Biden administration was unprepared for the decision striking down the nationwide right to abortion, despite a leaked court opinion months ahead of time indicating the justices were prepared to overturn Roe v. Wade.

    The White House has strongly denied it was caught flat-footed on abortion and has pointed to actions taken in the months after the decision to expand access, including to medication abortion.

    The issue proved galvanizing to Democratic voters in November’s midterm elections and has propelled Democratic victories even in traditionally Republican districts.

    Whether the court’s ruling on student debt relief and affirmative action can have a similar effect will prove critical over the coming year, as Biden works to convince voters he is still fighting to fulfill his promises. Initial reaction from progressive Democrats was positive.

    “It was not a foregone conclusion that the President would act so swiftly today. But he announced an alternative path to student debt cancellation by using his Higher Education Act authority given by Congress – and that deserves praise,” said Adam Green, co-founder of the Progressive Change Institute.

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    April 12, 2021
  • Fertility app fined $200,000 for leaking customer’s health data | CNN Business

    Fertility app fined $200,000 for leaking customer’s health data | CNN Business

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    CNN
     — 

    The company behind a popular fertility app has agreed to pay $200,000 in federal and state fines after authorities alleged that it had shared users’ personal health information for years without their consent, including to Google and to two companies based in China.

    The app, known as Premom, will also be banned from sharing personal health information for advertising purposes and must ensure that the data it shared without users’ consent is deleted from third-party systems, according to the Federal Trade Commission, along with the attorneys general of Connecticut, the District of Columbia and Oregon.

    Wednesday’s proposed settlement targeting Premom highlights how regulators have stepped up their scrutiny of fertility trackers and health information in the wake of the US Supreme Court’s decision last year striking down federal protections for abortion.

    The sharing of personal data allegedly affected Premom’s hundreds of thousands of users from at least 2018 until 2020, and violated a federal regulation known as the Health Breach Notification Rule, according to an FTC complaint against Easy Healthcare, Premom’s parent company.

    Premom didn’t immediately respond to a request for comment.

    As part of the alleged violation, Premom collected and shared personally identifiable health information with Google and with a third-party marketing firm in violation of Premom’s own privacy policy, which had promised to share only “non-identifiable data” with others, according to the complaint.

    In addition, Premom allegedly shared location information and device identifiers — such as WiFi network names and hardware IDs — with two China-based data analytics companies, known as Jiguang and Umeng, according to the complaint. That information, the FTC alleged, “could be used to identify Premom’s users and disclose to third parties that these users were utilizing a fertility app,” according to an FTC complaint filed against Easy Healthcare, Premom’s parent company.

    Since the Supreme Court’s decision in Dobbs v. Jackson, a wave of anti-abortion legislation has raised the prospect that fertility apps, search engines and other technology platforms could be forced to hand over user data in potential prosecutions of abortion-seekers.

    “Now more than ever, with reproductive rights under attack across the country, it is essential that the privacy of healthcare decisions is vigorously protected,” said DC Attorney General Brian Schwalb in a statement. “My office will continue to make sure companies protect consumers’ personal information to protect against unlawful encroachment on access to effective reproductive healthcare.”

    Samuel Levine, director of the FTC’s consumer protection bureau, said the agency “will not tolerate health privacy abuses.”

    “Premom broke its promises and compromised consumers’ privacy,” Levine said in a statement. “We will vigorously enforce the Health Breach Notification Rule to defend consumer’s health data from exploitation.”

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    April 12, 2021
  • Why there won’t be a backlash against the Supreme Court this time | CNN Politics

    Why there won’t be a backlash against the Supreme Court this time | CNN Politics

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    CNN
     — 

    The Supreme Court handed down several key rulings this past week that dismayed liberals. Chief among them was the court’s decision to disallow colleges and universities from using race or ethnicity as a specific factor in admissions. The court also found that President Joe Biden’s student debt forgiveness plan was unconstitutional and that a Colorado web designer could refuse to create websites that celebrate same-sex weddings over religious objections.

    Unlike last year, when the Supreme Court greatly upset liberals by overturning Roe v. Wade, this year’s big rulings by the justices are unlikely to spark a major backlash from the public at large.

    This is well reflected in the public polling. Roe v. Wade, the 1973 decision that legalized abortion nationwide, had become massively popular.

    Right before the decision to overturn Roe leaked in May 2022, a Fox News poll found that 63% of registered voters were opposed to such a move while 27% supported it. An ABC News/Washington Post poll put the split at 54% wanting the court to uphold Roe and 28% wanting the decision overturned.

    This majority of Americans who wanted abortion to be legal nationally have maintained their stance since the Supreme Court officially struck down Roe in June 2022. Since that time, abortion supporters have won every related measure placed on the ballot across the country – from deep-blue states like California to ruby-red ones like Kentucky.

    California is an important state to note because voters there faced a 2020 ballot measure to consider the use of race, sex or ethnicity in government institutions (such as education). A clear majority, 57%, voted against allowing state and local entities to consider such factors in public education, employment and contracting decisions.

    When a state that voted for Biden by nearly 30 points is against affirmative action, it shouldn’t be surprising that the nation as a whole is.

    A Pew Research Center poll released last month found that 50% of Americans disapproved of certain colleges and universities taking race and ethnicity into account in admissions decisions to increase diversity. Only 33% approved of the practice.

    This Pew poll is no outlier. An ABC News/Ipsos poll conducted after the court decided its case showed that 52% of Americans approved of the decision, while 32% were opposed.

    Some polling before the ruling had shown even more opposition: 70% of Americans in a recent CBS News/YouGov survey indicated that the Supreme Court should not allow colleges to consider race and ethnicity in admissions.

    But perhaps what’s most interesting isn’t how many people are for or against considering race in college admissions. Rather, it’s how many people simply didn’t care enough to pay close attention to the affirmative action case before the Supreme Court.

    When explicitly given the option, a majority (55%) said in a May Marquette University Law School poll that they hadn’t heard enough to form an opinion about the case. (Those who had heard enough were against allowing colleges to use race in admissions.)

    This is quite different from March 2022, when just 30% of Americans hadn’t heard enough to form an opinion about the court potentially overturning Roe v. Wade, when asked the same question by Marquette but about the abortion case. (A plurality of those who had heard enough didn’t want the court to overturn Roe.)

    It’s hard for an issue to galvanize voters when they aren’t paying attention to it.

    The same holds true for Biden’s student loan forgiveness plan that the court blocked. A USA Today/Ipsos poll from April indicated that 52% of Americans were familiar with the case and a mere 16% were very familiar with it. (Those who had student loans were more familiar at 71%, though that’s a fairly low percentage for something that could affect them directly.)

    Possibly because of that low familiarity, the percentage of Americans who favor or oppose canceling certain student debt differs greatly depending on how the question is worded. When Marquette didn’t mention Biden or the government specifically in its May poll, a majority (63%) said they favored forgiveness of up to $20,000. It was a much lower 47% in the Ipsos poll.

    Surveys that did identify the proposal as Biden’s plan tend to be in the same ballpark, with a split public and a sizable percentage unsure.

    The ABC News/Ipsos poll showed that 45% approved of the court striking down Biden’s student debt plan, with 40% disapproving. About a sixth (16%) of the public was undecided.

    This jibes with polling before the court’s decision was announced. An NBC News poll from last year showed that 43% said Biden’s plan was a good idea compared with 44%, who said it was a bad idea. Just over 10% had no opinion.

    The USA Today/Ipsos survey found that 43% of Americans wanted the Supreme Court to allow the government’s student loan forgiveness plan to move forward, while 40% did not. Another 17% had no opinion.

    (I should point out that those with student debt were more likely to want government forgiveness in all these surveys, though about 80% of Americans don’t have student loan debt.)

    The public was similarly split about the court ruling in favor of the Colorado web designer who refuses to make wedding websites for same-sex couples over religious objections. According to the ABC News/Ipsos poll, 43% of Americans agreed with the court’s decision, 42% disagreed and 14% were undecided.

    There was limited polling on this case before the ruling, though none of it indicated massive opposition. A majority (60%) in a Pew poll that specifically mentioned “wedding websites” and “same-sex marriages” indicated they believed business owners should be allowed to refuse services if it violated their religious or personal beliefs.

    The polling on Roe v. Wade didn’t look anything like this last year. There were no close splits in opinion. People were consistently against overturning Roe, and they cared a lot about it. This led to a historically strong performance for the party in the White House during the 2022 midterm elections and a major backlash against the Supreme Court.

    The current polling on affirmative action in college admissions, Biden’s student loan forgiveness plan and allowing people to opt out of certain services to married LGBTQ couples if they believe it goes against their religion suggests that court’s opinions on those issues aren’t likely to have a similar impact.

    This story has been updated with additional information.

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    April 12, 2021
  • Gaming the government is not going well | CNN Politics

    Gaming the government is not going well | CNN Politics

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    A version of this story appeared in CNN’s What Matters newsletter. To get it in your inbox, sign up for free here.



    CNN
     — 

    Governing is not, or at least it shouldn’t be, some kind of game.

    But this week it feels like powerful people are treating it like one, running trick plays to score points, trash talking and making threats, and exploiting rules to bring things to a halt.

    In Florida, a brewing grudge match pits Disney, one of the state’s largest employers, against its governor, the ambitious Republican Ron DeSantis who is eyeing a presidential run.

    How the state government’s relationship with its notable corporate citizen turned petty is getting hard to follow.

    The basic storyline, as laid out by CNN’s Steve Contorno, is that Disney spoke out against a law DeSantis pushed to limit what teachers can say in the classroom. Faulting its “woke” corporate behavior, DeSantis and Republicans in the state moved to install their political allies onto a quasi-government board that oversees the area that includes Disney World. But the company moved to defang the board before the new appointees took on their roles.

    Rather than sending a message to Disney, DeSantis now looks outmaneuvered and is threatening more action against the company.

    It’s not clear if he’s serious or not, but the most bizarre idea he suggested is building a state prison on public land next to the Magic Kingdom. Watch him here.

    The appearance of a Republican potentially trying to sabotage a massive employer is the kind of play DeSantis’ potential rivals for the Republican presidential nomination are happy to point out.

    “I think it rightfully makes a lot of people question his judgment and his maturity,” former New Jersey Gov. Chris Christie said Tuesday in a conversation with the website Semafor.

    Christie said if DeSantis “can’t see around a corner that (Disney CEO) Bob Iger created for you,” then “that’s not the guy I want sitting across from President Xi and negotiating our next agreement with China.”

    In Washington, where the Senate rulebook has been befuddling people for centuries, Republicans are citing the Senate rules and making clear they won’t let Democrats replace, even temporarily, the ailing Sen. Dianne Feinstein on the Senate Judiciary Committee.

    Feinstein, 89, has been out of the office since early March while dealing with a case of the shingles. But since Democrats only have a one-seat majority on the panel, her absence has ground judicial nominations to a halt.

    For a rules-minded guy like Senate Minority Leader Mitch McConnell, another octogenarian just returning from his own month-plus convalescence after a fall, there’s no need to let Democrats get another vote on the committee and push through scores of nominations caught in limbo. McConnell suggested if Democrats culled the herd of nominees, they might get some confirmed.

    “They could move a number of less controversial nominees right now. Right now,” he said Tuesday on the Senate floor. “They want to sideline Senator Feinstein, so they can ram through the worst four as well.”

    Various Senate rules have been confusing people for centuries. Even if Feinstein were to resign, Sen. Mitt Romney suggested Tuesday that Republicans could block changes to the Senate Judiciary Committee.

    “I don’t think Republicans are going to lift a finger in any way to get more liberal judges appointed, so whether she’s resigned or leaves temporarily from the judiciary committee, I think we will slow walk any process that makes it easier to appoint more liberal judges,” Romney said.

    Feinstein’s absence isn’t the only problem, as CNN’s Tierney Sneed and Lauren Fox have pointed out, since Republican senators can also use the “blue slip” tradition to veto judicial nominees the Biden administration has put forward for their states.

    If the importance of judicial nominees is still in question, look no further than the furor that a Trump-appointed federal judge has caused by ruling to suspend the 23-year-old FDA authorization for mifepristone, the first drug used in a medication abortion.

    The decision by Judge Matthew Kacsmaryk out of the federal court in Amarillo, Texas, has sent the abortion issue straight back to the Supreme Court, which is expected to rule by Wednesday in a case that could remove nationwide access to a medication that American women have been using for decades, even in states that have sought to protect abortion rights.

    Kacsmaryk was all but selected by opponents of the drug to hear the case since he is the only federal district judge in Amarillo.

    It’s not the rulebook, but rather the teamwork making House Speaker Kevin McCarthy’s life difficult. He wanted to send a message of unity to Wall Street with a speech there Monday. His goal was to calm nerves about the looming debt ceiling showdown and project that Republicans have a plan to raise the debt ceiling and impose spending cuts. Their plan probably won’t get any support from Democrats.

    But almost on cue Tuesday, conservative Republicans began to poke holes in McCarthy’s plan, calling it into question as the US hurtles toward a potential default if there is no debt ceiling agreement by June. McCarthy, at least for now, seems disinclined to allow a vote on any proposal that could get support from Democrats in the House. And he seems unable to find a proposal that can get all Republicans on board. Those Senate rules make it impossible for anything to pass through that chamber without support from ten Republicans, so long as Feinstein is not voting. Read more from CNN’s Stephen Collinson.

    Suffice it to say the debt ceiling, the abortion medication and Disney’s status in Florida are issues where there’s not a winner and a loser, even if they’re being treated that way by the powerful people who are supposed to be in charge.

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    April 12, 2021
  • Nebraska governor signs bill that bans most abortions at 12 weeks, gender-affirming care for those under 19 | CNN Politics

    Nebraska governor signs bill that bans most abortions at 12 weeks, gender-affirming care for those under 19 | CNN Politics

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    CNN
     — 

    Nebraska Gov. Jim Pillen, a Republican, signed a bill into law on Monday that bans most abortions after 12 weeks with exceptions for sexual assault, incest and medical emergencies.

    The bill does not define “medical emergency” and the legislation includes a clause that will put the rules into immediate effect the day after it is signed.

    LB 574, which passed the state’s Republican-controlled unicameral legislature in a 33-15 vote last week, also bans gender-affirming care for people under 19 years old. The abortion amendment was tacked onto the legislation after previous efforts to restrict abortions failed to overcome a filibuster.

    The bill only allows medical procedures for transitioning after a “waiting period” and “therapeutic hours” to determine if a person’s gender dysphoria is “long-lasting and intense.” The details of those provisions will be determined by the chief medical officer of Nebraska’s Division of Public Health.

    In a statement released after the bill’s passage, Pillen said, “All children deserve a chance to grow and live happy, fruitful lives. This includes pre-born boys and girls, and it includes children struggling with their gender identity. These kids deserve the opportunity to grow and explore who they are and want to be, and they can do so without making irreversible decisions that should be made when they are fully grown.”

    The new law reflects ongoing legislative efforts around the US to restrict access to abortion and gender-affirming care. More than a dozen states have moved to restrict gender-affirming care in 2023 and more than 130 bills that target LGBTQ rights, especially health care for transgender patients, have been introduced nationwide this legislative session, according to data compiled by the American Civil Liberties Union.

    “From North Carolina to Nebraska, extremists so-called leaders continue to restrict access to abortion across the nation,” Vice President Kamala Harris tweeted Monday. “Enough is enough. We need a federal law to restore the protections of Roe v. Wade for women in all 50 states.”

    Major medical associations say that gender-affirming care is clinically appropriate for children and adults with gender dysphoria, the psychological distress that may result when a person’s gender identity and sex assigned at birth do not align, according to the American Psychiatric Association. But some Republicans have expressed concern over long-term outcomes of the treatments.

    Some Nebraskans have expressed displeasure with the bill and many protested and filled the halls of the state Capitol last week as lawmakers spoke, resulting in the arrest of several people on Friday on charges ranging from disturbing the peace to obstructing a government operation.

    ACLU of Nebraska executive director Mindy Rush Chipman said in a statement last week that the consequences of the law will be “devastating.”

    “To be clear, we refuse to accept this as our new normal. This vote will not be the final word. We are actively exploring our options to address the harm of this extreme legislation, and that work will have our team’s full focus. This is not over, not by a long shot,” Chipman said.

    This story has been updated with additional information Monday.

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    April 12, 2021
  • Why the US ‘does not get to assume that it lasts forever’ | CNN Politics

    Why the US ‘does not get to assume that it lasts forever’ | CNN Politics

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    CNN
     — 

    As the United States marks its 247th birthday Tuesday, questions about how many more the nation will celebrate in its current form have become ominously relevant.

    Possibly not since the two decades before the Civil War has America faced as much pressure on its fundamental cohesion. The greatest risk probably isn’t a repeat of the outright secession that triggered the Civil War, though even that no longer seems entirely impossible in the most extreme scenarios. More plausible is the prospect that the nation will continue its drift into two irreconcilable blocs of red and blue states uneasily trying to occupy the same geographic space.

    “I can’t recall a time when we’ve had such fundamental friction between the states on such important issues,” says Donald Kettl, former dean and professor emeritus of the University of Maryland’s School of Public Policy and author of the 2020 book, “The Divided States of America.”

    The strains on America’s basic unity are broad and diverse. They include a widening divergence in the basic rules of life between red and blue states on everything from the availability of abortion and guns to what teachers can say in the classroom; sharpening conflicts not only between the states, but among the urban and rural regions within them; a growing tendency of voters in each political coalition to view the other party not only as a political rival but as an “enemy” that threatens their core conception of America; the increasing inability of almost any institution – from the media to federal law enforcement to even consumer products – to retain comparable credibility on both sides of the red-blue divide; more common threats of political violence, predominantly from the right, against local and national officials; and the endurance of Donald Trump as the first leader of a truly mass-scale American political movement who has demonstrated a willingness to subvert small-d democracy to achieve his goals.

    Behind almost all of these individual challenges is the same larger force: the mounting tension between those who welcome the propulsive demographic and cultural changes reshaping 21st century America and those who fear or resent those changes. It’s the collision between what I’ve called the Democrats’ “coalition of transformation” and the Republican “coalition of restoration.” As the US evolves toward a future, sometime after 2040, when people of color will constitute a majority of the population, political scientists point out that the country is trying to build something without exact modern precedent: a true multi-racial democracy that provides a voice to all its citizens.

    The urgent demands for greater opportunity and inclusion from traditionally marginalized groups (from Black to LGBTQ people) and the ferocious backlash against those demands that Trump has mobilized in his “Make America Great Again” movement demonstrate how fraught that passage has become.

    “To expect we are going to be as unified as we [have been] trying to negotiate these fundamental transformations of American demography is wholly unrealistic,” says Daniel Cox, a senior fellow in polling and public opinion at the conservative American Enterprise Institute. “There is going to be real differences and divisions on these things and, unfortunately, some people are weaponizing them in a way that is unhelpful.”

    The ideal of national unity celebrated on July Fourth has almost always been overstated: the country from its founding has been riven by sectional, racial, class and gender conflicts. Large groups of people living within our borders have always felt excluded from any proclaimed national consensus: American Indians who were brutally displaced for decades, Black people who faced generations of legal slavery and then decades of state-sponsored segregation, women denied the vote until the 20th century.

    But today’s proliferating and intersecting pressures have reached a height that is forcing experts to contemplate questions few Americans have seriously considered since the Civil War era: can the United States continue to function as a single unified entity, and if so, in what form?

    In the late 1990s, Alan Wolfe, a Boston University political scientist, wrote a book called “One Nation, After All” based on in-depth interviews with hundreds of Americans around the country. His book was one of several published in the era that concluded the broad American public was not nearly as divided as its leaders and that average Americans, however much their views differed on issues, recognized the importance of finding common ground with others of opposing views.

    Now, Wolfe told me in an interview, he considers the current situation much more worrying. “I was so optimistic with the title of ‘One Nation, After All,’ but I couldn’t say that now,” Wolfe, a professor emeritus, said. “I think the book was right for its time. I think the sociology of it was right. That’s what I found. But I’m sure I wouldn’t find it now.”

    To Wolfe, the US is now trapped in a “vicious cycle” of rising partisan and ideological hostility in which political leaders, particularly on the right, see a “benefit in fueling the rage even more.” While President Joe Biden, Wolfe says, has struck traditional presidential notes of emphasizing the value of national unity, Trump – currently the front-runner for the 2024 GOP presidential nomination – has built his political strategy on widening the nation’s divides in ways that may be difficult to reverse any time soon. “I don’t know if [Trump’s] a political genius or just instinctively knows something, but he sure has exacerbated the shocks, and I don’t know how we are going to recover from him,” Wolfe says.

    Experts may be the least concerned about the most often discussed scenario for a future American unraveling. That’s the prospect the nation will fully split apart into separate entities, as it did when the South seceded to create the Confederate States of America after the election of Abraham Lincoln in 1860. Rep. Marjorie Taylor Greene, the far-right Republican from Georgia who has become a close ally of House Speaker Kevin McCarthy, has called for “a national divorce” in which Republican- and Democratic-leaning states would go their separate ways, presumably peacefully. “We need to separate by red states and blue states and shrink the federal government,” Greene said in a tweet on President’s Day this year.

    Susan Stokes, a political scientist and director of the Chicago Center on Democracy at the University of Chicago, said that prospect could receive growing discussion in coming years, particularly on the right, “if we continue to go in this direction and we continue to view each other as threats and as anathema, immoral, and a threat to each other’s existence.”

    But the practical barriers to any formal national divorce, she says, are likely to limit such discussion to the fringes. Unlike the Civil War, which had a clear geographical boundary, the nation’s current political divide has created a checkerboard – with Democrats strongest in coastal and upper Midwest states, as well as parts of the Southwest, while Republicans hold the edge in most Heartland states, particularly those in the South and Great Plains. Plus, Stokes notes, the red-blue line runs not only between but within the states, with the urban areas of every state leaning relatively more toward Democrats than their rural neighbors. In some future national divorce, “What do you do with upstate New York? What do you do with Memphis or Austin?” she asked.

    For those reasons, none of the experts I spoke to worry much about full-scale national separation through any intermediate time frame, though most no longer consider it inconceivable either. (Polls don’t show extensive interest among the public, with one national CBS/YouGov survey last year finding a quarter of Americans favoring the idea.) One wild card is what might happen if Trump wins in 2024 and moves to implement some of the policies he’s proposed that amount to mobilizing federal power against blue institutions and individuals – including a massive deportation program of undocumented immigrants and the deployment of the National Guard into high-crime cities. Blue state governors, legislatures and mayors might respond to such an offensive in forceful ways difficult to predict today.

    The nation’s greater challenge may be the continuing incremental separation between the red and blue blocs – the political equivalent of continental drift. Polls show that voters in each coalition hold darkening views of the other. In that 2022 CBS/YouGov survey, about half of the voters for both Trump and Biden said they considered the other party not just “political opposition” but “enemies, that is, if they win, your life or your entire way of life may be threatened.”

    More tangibly, red and blue states are hurtling apart. The most aggressive moves have come from red states shifting social policy sharply to the right on a broad array of issues, from retrenching abortion and LGBTQ rights, to censoring classroom discussion of race, gender and sexual orientation, expanding access to guns while limiting access to books that provoke conservative objections, and restricting access to voting. With red states exploring various ways to discourage their residents from traveling to blue states for banned activities (such as abortions or gender-affirming care for transgender minors), and blue states passing laws to inhibit such red state enforcement, the nation is facing open conflict over the cross-border application of state law reminiscent of the bitter disputes between free and slave states over the Fugitive Slave Act.

    No single issue separates the red and blue states today as profoundly as the gulf between those with and without legal segregation during the Jim Crow era, or that between states with and without slavery before the Civil War. But, as experts point out, the current divergence involves more issues in more states than those earlier conflicts, with nearly half the country joining the red state drive to create what I’ve called “a nation within a nation” operating by its own rules and values.

    “I really feel like we are becoming two different countries, if not that it has already happened,” says Wolfe. “I don’t like it, but I don’t see what we have in common anymore. I really don’t.”

    To some students of government, allowing states to set their own course on these divisive issues may relieve pressure and help hold the nation together. “In some ways, you can say how this is terrible, how can we remain a unified country and address global concerns” when states are separating this fundamentally, says Cox. “But by the same token, there’s something that is positive about these ‘laboratories of democracy’ where one party is given free rein to put forward their ideas and legislate and the public can see how they do and react to that.”

    Yet allowing states to diverge this comprehensively may do more to heighten than relieve national tensions. Cox acknowledges one reason: severe gerrymandering in many states’ legislative districts means most politicians are unlikely to suffer consequences even if the public doesn’t like the agenda they have advanced.

    A second problem is this experimentation is unlikely to proceed on an even track. The Republican-appointed majority on the US Supreme Court has encouraged the red state social offensive with decisions that stripped away national rights – most prominently on abortion and voting. Many legal experts believe that conservative majority is unlikely to block many of the new red state social laws that critics (including, in many cases, the Biden administration) are challenging in federal courts. On the other hand, the six GOP-appointed justices have shown no hesitation about overturning blue state initiatives, such as gun control measures that conflict with their reading of the 2nd Amendment, or LGBTQ protections they argue infringe on religious liberty or free speech. “Given the make-up of the courts, it’s difficult for blue states to be hopeful about this,” says Kettl.

    The biggest challenge created by the widening distance among the states is where to draw the line between local leeway and preserving a baseline floor of nationally guaranteed rights in every state. Racial segregation, after all, was justified for 70 years on the ground of respecting “local traditions.”

    From both Congress and the Supreme Court, the general trend in American life from the 1950s through the 2010s was to nationalize more rights and to restrict the ability of states to curtail those rights. Now, though, the red states are engaged in the most concerted effort over that long arc to roll back the “rights revolution” and restore a system in which people’s basic civil rights vary much more depending on where they live.

    “It is certainly good to have a chance to have a contest over basic values, and that’s one of the great strengths of the American republic,” says Kettl, co-author of the new book “Bridgebuilders: How Government Can Transcend Boundaries to Solve Big Problems.” He continued: “But there is also a basic question of the fundamental rights of individuals and whether the balance of power in deciding them ought to lie” with states or the nation as a whole.

    The chasm between the civil rights and liberties available in blue and red states has widened to the point where it will be highly explosive for either side to attempt to impose its social regime on the other. If Democrats win unified control of the White House and Congress in 2024 and pass legislation to restore a national floor of abortion or voting rights, red state leaders would likely sue to block them (even though abortion rights are popular in several of them). This Supreme Court majority could prove receptive to such challenges. Conversely, the fear that Republicans will seek to pass national legislation imposing the red state rules on blue and purple states, particularly on abortion and guns, may be the best Democratic asset in the 2024 presidential race in the key swing states of Michigan, Pennsylvania, Wisconsin and Arizona.

    Michael Podhorzer, the former long-time political director for the AFL-CIO, has argued that the wave of restrictive red state social laws has simply made more apparent something that has long been true: that the red and blue parts of the country are so divergent in their values, priorities and even economic structures that they are more accurately described as separate nations than separate regions. In his mind, what’s changed isn’t that these different regions – or different nations – have divergent approaches on both social and economic issues, but that the Trump-aligned MAGA movement ascendant in the red states is now pursuing such an extreme and even anti-democratic (small d) agenda.

    Eric Liu, co-founder of Citizen University, a non-partisan organization that trains people to work together on local problems across ideological, racial and other boundaries, agrees that Trump and much of his movement represent a unique threat to the future of American democracy. The nation, Liu says, now faces the challenge of doing two things at once: countering and isolating that threat to democracy, while building a bigger coalition for cooperation and consensus-building among what he calls (borrowing from Richard Nixon’s phrase) the “silent majority” of Americans who want to coexist.

    Liu counsels that lowering the temperature does not require an artificial level of agreement between people of differing views: “It’s OK to argue it out. It’s necessary to argue it out because America is an argument.” But it does, he believes, require both sides to commit to respecting the democratic process and staying engaged with the other when that process produces decisions they don’t support. “That means to recognize that politics is not a one-and-done, winner-take-all, wipe-the-other-side-off-the-face-of-the-earth, scorched earth endeavor,” he says.

    Even more important, strengthening the nation’s bonds, he believes, requires people on both sides of the political divide to see the other “as three-dimensional, complicated, sometimes contradictory human beings.” The best way to achieve that, he says, is to work together to solve local problems. Liu’s group tries to facilitate that through programs like Civic Saturdays that promotes collaborative local actions, or initiatives that bring together rural and urban residents around shared concerns.

    Such interactions, Liu believes, can nudge the US toward the national unity it celebrates on July Fourth. But he acknowledges there’s no assurance this patient nurturing of civic connection can overcome all the forces in politics, the media and communications technology blowing toward separation. Even the most carefully cultivated garden, after all, may not survive a gale-force wind.

    “It is totally not a given that we get through this,” Liu told me. “The United States does not get to assume that it lasts forever.”

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    April 12, 2021
  • Judge who suspended abortion pill failed to disclose interviews that discussed social issues | CNN Politics

    Judge who suspended abortion pill failed to disclose interviews that discussed social issues | CNN Politics

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    CNN
     — 

    The federal district judge who first suspended the US Food and Drug Administration’s approval of the so-called abortion pill mifepristone failed to disclose during his Senate confirmation process two interviews on Christian talk radio where he discussed social issues such as contraception and gay rights.

    In undisclosed radio interviews, Matthew Kacsmaryk referred to being gay as “a lifestyle” and expressed concerns that new norms for “people who experience same-sex attraction” would lead to clashes with religious institutions, calling it the latest in a change in sexual norms that began with “no-fault divorce” and “permissive policies on contraception.”

    Kacsmaryk, a Trump-appointed federal district judge, made the unreported comments in two appearances in 2014 on Chosen Generation, a radio show that offers “a biblical constitutional worldview.” At the time, Kacsmaryk was deputy general counsel at First Liberty Institute, a nonprofit religious liberty advocacy group known before 2016 as the Liberty Institute, and was brought on to the radio show to discuss “the homosexual agenda” to silence churches and religious liberty, according to the show’s host.

    Federal judicial nominees are required to submit detailed paperwork to the Senate Judiciary Committee ahead of their confirmation process, including copies of nearly everything they have ever written or said in public, in order for the committee to evaluate a nominee’s qualifications and personal opinions. Neither interview is listed in the paperwork Kacsmaryk provided to the Senate during his judicial nomination process, which first began in 2017.

    The radio interviews were not included in the 22 media works Kacsmaryk disclosed, which included three radio appearances and 19 written pieces.

    A spokesperson for Democratic Sen. Dick Durbin, the chair of the Senate Judiciary Committee, told CNN the interviews weren’t in their archived files from Kacsmaryk’s confirmation, which included all paperwork submitted for his nomination.

    In a statement sent to CNN, Kacsmaryk said he did not locate the interview when searching for media to disclose and he did not recall the interview.

    “I used the DOJ-OLP manual to run searches for all media but did not locate this interview and did not recall this event, which involved a call-in to a local radio show,” he told CNN. “After listening to the audio file supplied by CNN, I agree that the content is equivalent to the legal analysis appearing throughout my SJQ and discussed extensively during my Senate confirmation hearing. Additionally, the transcript supplied by CNN appears to track with the audio and accurately recounts my responses during the phone call—when quoted in full.”

    The Washington Post reported last week that Kacsmaryk removed his name in 2017 from a pending law review article criticizing protections for transgender people and those seeking abortions during his judicial nomination process, a highly unusual move for a judicial nominee.

    Kacsmaryk did not respond to the Post’s request for comment, but a spokesperson for his old employer First Liberty claimed Kacsmaryk’s name had been a “placeholder” on the article and that Kacsmaryk had not provided a “substantive contribution,” despite the final version being almost identical to the one submitted under Kacsmaryk’s name according to the Post.

    Kacsmaryk later submitted supplemental material in 2019 to the committee to reflect interviews and events he participated since in 2017, but neither of the 2014 radio interviews were included.

    Democratic senators grilled Kacsmaryk on his positions on abortion and LGBTQ rights during both his nomination hearing and in written questions in 2017.

    While Kacsmaryk worked at First Liberty, one of his colleagues, general counsel Jeff Mateer, was also nominated for a federal judgeship. But Mateer came under scrutiny in 2017 for comments unearthed during his confirmation process in which he once compared the US to Nazi Germany on Chosen Generation – the same radio program Kacsmaryk appeared on and whose interviews he did not disclose.

    Mateer’s nomination was later rescinded; Kacsmaryk was later confirmed in 2019.

    The interviews were shared by Kacsmaryk’s employer, the Liberty Institute, at the time on social media. A guest from First Liberty appeared once a week, according to the show’s radio host in the broadcast and archives available online.

    In one interview from February 2014, in response to a question on the “homosexual agenda,” Kacsmaryk expressed concerns that new social norms surrounding “same-sex marriage” and “people who experience same-sex attraction” would lead to clashes with religious institutions.

    “I just want to make very clear, people who experience a same-sex attraction are not responsible individually or solely for the atmosphere of the sexual revolution,” Kacsmaryk said. “You know it. It’s a long time coming. It came after no-fault divorce. It came after we implemented very permissive policies on contraception. The sexual revolution has gone through several phases. We just happen to be at the phase now where same sex marriages is at the fore.”

    “But through that progression or regression, I think you can see five areas where there will be a clash of absolutes between the traditional Judeo-Christian understanding of marriage and the revisionist, redefined vision of marriage that you saw in last term’s Supreme Court opinions,” he said before outlining those areas as over tax exempt statuses, adoption services, federal government programs, and discrimination at universities.

    He appeared on the program to discuss the federal government’s view of same-sex marriage and opponents of it following the court ruling striking down the Defense of Marriage Act. The host suggested opponents of same-sex marriage could be viewed as “hostile” enemies of the government in line with al-Qaeda, which Kacsmaryk agreed with.

    “Yeah, and I can speak from immediate firsthand experience,” he said, citing his work formerly in the Justice Department. “That is very much in vogue now in the federal government to characterize opposition to same sex marriage and related issues as irrational prejudice at best and a potential hate crime at worse,” he continued.

    “It really has infused the entire federal service top to bottom as the administration has declared that they will join this culture war, that there’s one side that is destined to win and that you’re on the wrong side of history in the federal government if you are on an opposing side,” he added.

    Kacsmaryk also appeared on the program in July 2014 to discuss an executive order signed by then-President Barack Obama that banned federal contractors from discriminating against employees on the basis of sexual orientation or gender identity which did not exempt faith-based groups.

    Kacsmaryk linked changes in Democrats’ views on the issue of religious freedom to the “emergence of this very powerful constituency in the LGBT community,” which he said the Obama administration made campaign promises to fulfill. Kacsmaryk said religious organizations entering into contracts with the federal government would have risk under the executive order and face a “real burden” for dissenting from “the new sexual orthodoxy” on gay rights.

    The new rules, Kacsmaryk suggested, were poorly written and didn’t differentiate between gay people who lived “celibate” lives and those who made being gay “a lifestyle,” in a discussion of how religious groups would comply with the new rules.

    “If you look at the letter that was issued by the United States Conference of Catholic Bishops, they point out that the category sexual orientation is problematic because it’s not defined,” he said. “Most Abrahamic faith traditions will draw a distinction between someone who experiences the same sex attraction but is willing to live celibate and somebody who experiences the same sex attraction and makes it a lifestyle and seeks to sexualize that lifestyle. Those are two different categories that most Abrahamic faith traditions recognize.”

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    April 12, 2021
  • Senate Democrats write to Google over concerns about abortion-seekers’ location data | CNN Business

    Senate Democrats write to Google over concerns about abortion-seekers’ location data | CNN Business

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    Washington
    CNN
     — 

    Nearly a dozen Senate Democrats wrote to Google this week with questions about how it deletes users’ location history when they have visited sensitive locations such as abortion clinics, expressing concerns that the company may not have been consistently deleting the data as promised.

    The letter dated Monday and led by Sens. Amy Klobuchar, Elizabeth Warren and Mazie Hirono seeks answers from Google about the types of locations Google considers to be sensitive and how long it takes for the company to automatically delete visit history.

    The letter comes after tests performed by The Washington Post and other privacy advocates appeared to show that Google was not quickly or consistently deleting users’ recorded visits to fertility centers of Planned Parenthood clinics.

    “This data is extremely personal and includes information about reproductive health care,” the senators wrote. “We are also concerned that it can be used to target advertisements for services that may be unnecessary or potentially harmful physically, psychologically, or emotionally.”

    Concerns about the security of location data have spiked in Washington since the Supreme Court overturned Roe v. Wade last year, opening the door to state laws restricting or penalizing abortion-seekers. Under those laws, privacy advocates have said, states could potentially compel tech companies to hand over location data that might reveal whether a person has illegally sought an abortion.

    “Claiming and publicly announcing that Google will delete sensitive location data, without consistently doing so, could be considered a deceptive practice,” the senators added, implying that Google’s conduct could be grounds for an investigation by the Federal Trade Commission, which is authorized to police unfair and deceptive business practices.

    Google declined to comment Wednesday on the lawmakers’ letter, instead referring CNN to a blog post that answers some but not all of the senators’ questions.

    Google defines sensitive locations as “including counseling centers, domestic violence shelters, abortion clinics, fertility centers, addiction treatment facilities, weight loss clinics, cosmetic surgery clinics, and others,” according to an update to the blog post dated May 12. “If you visit a general purpose medical facility (like a hospital), the visit may persist.”

    The blog post does not, however, address the senators’ request for Google to explain what it means when it claims the data will be deleted “soon after” a visit.

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    April 12, 2021
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