These state Supreme Courts are weighing abortion bans
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Today's edition: The inside story of how the debt ceiling deal got done. Mpox worries have returned ahead of Pride Month, but there's some good news out of one leather convention in Chicago. But first …
In January, the South Carolina Supreme Court struck down restrictions on abortion early in pregnancy, finding the law violated the right to privacy in the state constitution.
But the state's highest court likely isn't done ruling on abortion. Nearly five months later, Republican lawmakers passed a similar measure banning abortion after fetal cardiac activity is detected at roughly six weeks. On the Senate floor, one key GOP leader said the bill was written in a way to skirt the justices’ objections — but a judge has already paused the new law, setting up another showdown before the state Supreme Court.
The dynamic in South Carolina is a snapshot of the ongoing legal battles over abortion restrictions playing out across the country, a key strategy of abortion rights groups as they attempt to upend bans in the post- Roe era. And it underscores the importance of state Supreme Court races, which are gaining more attention in the year after the nation's highest court overturned Roe v. Wade.
Today, we’re taking a look at some of the state court's decisions so far, as well as critical places where rulings are pending. These legal challenges tend to revolve around claims that abortion bans flout provisions in a state's constitution, such as bodily autonomy and the freedom for residents to make their own health-care decisions.
South Carolina is one of just a few state Supreme Courts with a ruling since last year's Dobbs v. Jackson Women's Health Organization decision.
Here are some of the others:
Bear in mind: While state Supreme Court rulings may appear final, it doesn't mean lawmakers won't try again to pass new abortion restrictions (like in South Carolina) — particularly if the makeup of a court changes.
"A lot of these [state Supreme Court] elections are becoming much more politicized, much more nationalized, much more intensely contested," said Mary Ziegler, a professor of law at the University of California at Davis. "So I think looming over all of these state Supreme Court decisions is the question of how long are they going to last in either direction."
Abortion rights groups filed a flurry of lawsuits against bans in the days after the Supreme Court overturned Roe. That kick-started a now familiar pattern: A state passes new restrictions, and abortion providers often sue.
Most of the legal challenges haven't been settled yet. In conversations over the last few days, experts and abortion rights advocates pointed to litigation in several states that could potentially alter the country's abortion landscape.
One such place is Florida, where an upcoming decision over a 15-week ban has implications for newly passed abortion limits. The state has become an access point for abortion in the South since the Supreme Court's Dobbs decision.
In 1980, Florida voters approved a constitutional amendment establishing the right to privacy. Nine years later, the state Supreme Court set a precedent that the clause protected the right to an abortion.
Ohio is another closely watched state. Abortion rights advocates are also seeking to put the question to voters and are in the throes of collecting signatures for a potential ballot measure in November.
A preliminary injunction is in place blocking the state's "heartbeat" ban. The case is pending before the state Supreme Court, which has said it’ll take up the questions of whether the state has the right to appeal a lower court's order and whether abortion clinics have standing to sue, according to Cleveland.com.
And in the South, what happens in Georgia could impact abortion in a region where it's mostly banned. The state also has a roughly six-week ban in effect, and the state Supreme Court heard oral arguments in the case in March. That means the justices could rule any time.
The Post staff was out this weekend with a deep dive detailing how GOP lawmakers and White House aides negotiated a deal to stave off a government default after a month of frantic and acrimonious talks.
On Saturday, President Biden signed into law the bill to suspend the debt ceiling and avert a breach that would have had huge implications for both the Medicare and Medicaid programs. The legislation is the result of a last-minute scramble between Biden and House Speaker Kevin McCarthy (R-Calif.), political foes with no working relationship.
Here's how the bill came together from this weekend read by Tony Romm, Marianna Sotomayor, Leigh Ann Caldwell, Tyler Pager, Jeff Stein and Rachel Siegel:
Health officials and LGBTQ+ organizations treated the annual International Mr. Leather convention as an opening salvo in the race to stave off another outbreak of mpox, our colleague Fenit Nirappil reports from the Chicago convention.
The city has recorded 31 infections in the last five weeks, which has raised concerns because two-thirds of the cases are among people who are fully vaccinated. Public health officials are monitoring whether Chicago represents an isolated incident or marks the start of a second summer wave. The coming weeks will be revealing.
Yet, there is some hope of avoiding a resurgence. One anecdote: Some health workers asked attendees at the convention whether they were vaccinated and to their surprise, nearly everyone who stopped by a booth for free condoms said they were.
And despite breakthrough cases in Chicago, no other community has reported a significant increase. The city's cases are mild with smaller lesions, and weekly new cases have stayed steady instead of rising dramatically.
📅 Welcome back! The House is in today, and the Senate is back tomorrow.
On the campaign trail, both former vice president Mike Pence and former New Jersey governor Chris Christie are expected to enter the 2024 GOP presidential race this week. And so is North Dakota Gov. Doug Burgum (R).
Wednesday: A House Energy and Commerce subcommittee will examine missteps lawmakers believe the Centers for Disease Control and Prevention made; the Senate Veterans' Affairs Committee will hold a hearing on veterans’ access to long-term care.
Thursday: The Senate Finance Committee will discuss consolidation and corporate ownership in health care; the Senate HELP Committee will examine the youth mental health crisis. A Food and Drug Administration advisory panel will review AstraZeneca's application to prevent RSV in newborns and some children up to 24 months.
Friday: The FDA's expert advisers will review an application for the Alzheimer's drug Leqembi to receive traditional approval.
How Blue Cross Blue Shield insurers ratcheted up profits in 2022 (By Bob Herman l Stat)
Inside the Complicated Reality of Being America's Oldest President (The New York Times staff)
Biotechs face challenges as the industry's annual bash returns to Boston (By Robert Weisman l The Boston Globe)
Thanks for reading! See y'all tomorrow.
Today's edition: But first … But the state's highest court likely isn't done ruling on abortion. The dynamic in South Carolina is a snapshot of the ongoing legal battles over abortion restrictions playing out across the country, a key strategy of abortion rights groups as they attempt to upend bans in the post- Roe era. In Oklahoma: In Idaho: In North Dakota: Bear in mind: Mary Ziegler, University of California at Davis. Most of the legal challenges haven't been settled yet. One such place is Florida, But a crucial test to that decision is looming. Ron DeSantis, On the abortion rights side, advocates have launched a campaign Ohio is another closely watched state. And in the South, what happens in Georgia could impact abortion in a region where it's mostly banned. President Biden The legislation is the result of a last-minute scramble between Biden and House Speaker Kevin McCarthy (R-Calif.), political foes with no working relationship. Tony Romm, Marianna Sotomayor, Leigh Ann Caldwell, Tyler Pager, Jeff Stein Rachel Siegel: In mid-May, Biden and McCarthy agreed to cede talks to their trusted staff, At a May 22 Oval Office meeting, Biden delivered a pitch to the speaker. Jeffrey Zients, The day before a deal was announced, Shalanda Young, Office of Management and Budget, Garret Graves Fenit Nirappil Demetre Daskalakis, Yet, there is some hope of avoiding a resurgence. Mike Pence Chris Christie Doug Burgum Wednesday: House Energy and Commerce subcommittee Centers for Disease Control and Prevention Senate Veterans' Affairs Committee Thursday: Senate Finance Committee Senate HELP Committee Food and Drug Administration AstraZeneca Friday: Leqembi A potential Ohio ballot measure on abortion is allowed to go forward as one question Associated Press Julie Carr Smyth The FDA has authorized the temporary importation of a chemotherapy drug from China CNBC Spencer Kimball Rectal cancer researchers have demonstrated in a large clinical trial that patients Gina Kolata New York Times.