Tag: state department
Reproductive Health Care Rights

Conservative State Courts Stir Trouble For GOP Legislators On Abortion

Abortion opponents have maneuvered in courthouses for years to end access to reproductive health care. In Arizona last week, a win for the anti-abortion camp caused political blowback for Republican candidates in the state and beyond.

The reaction echoed the response to an Alabama Supreme Court decision over in vitro fertilization just two months before.

The election-year ruling by the Arizona Supreme Court allowing enforcement of a law from 1864 banning nearly all abortions startled Republican politicians, some of whom quickly turned to social media to denounce it.

The court decision was yet another development forcing many Republicans legislators and candidates to thread the needle: Maintain support among anti-abortion voters while not damaging their electoral prospects this fall. This shifting power dynamic between state judges and state lawmakers has turned into a high-stakes political gamble, at times causing daunting problems, on a range of reproductive health issues, for Republican candidates up and down the ballot.

“When the U.S. Supreme Court said give it back to the states, OK, well now the microscope is on the states,” said Jennifer Piatt, co-director of the Center for Public Health Law and Policy at Arizona State University’s Sandra Day O’Connor College of Law. “We saw this in Alabama with the IVF decision,” she said, “and now we’re seeing it in Arizona.”

Multiple Republicans have criticized the Arizona high court’s decision on the 1864 law, which allows abortion only to save a pregnant woman’s life. “This decision cannot stand. I categorically reject rolling back the clock to a time when slavery was still legal and where we could lock up women and doctors because of an abortion,” state Rep. Matt Gress said in a video April 9. All four Arizona Supreme Court justices who said the long-dormant Arizona abortion ban could be enforced were appointed by former Gov. Doug Ducey, a Republican who in 2016 expanded the number of state Supreme Court justices from five to seven and cemented the bench’s conservative majority.

Yet in a post the day of the ruling on the social platform X, Ducey said the decision “is not the outcome I would have preferred.”

The irony is that the decision came after years of efforts by Arizona Republicans “to lock in a conservative majority on the court at the same time that the state’s politics were shifting more towards the middle,” said Douglas Keith, senior counsel at the left-leaning Brennan Center for Justice.

All the while, anti-abortion groups have been pressuring Republicans to clearly define where they stand.

“Whether running for office at the state or federal level, Arizona Republicans cannot adopt the losing ostrich strategy of burying their heads in the sand on the issue of abortion and allowing Democrats to define them,” Kelsey Pritchard, a spokesperson for Susan B. Anthony Pro-Life America, said in an emailed statement. “To win, Republicans must be clear on the pro-life protections they support, express compassion for women and unborn children, and contrast their position with the Democrat agenda.”

Two months before the Arizona decision, the Alabama Supreme Court said frozen embryos from in vitro fertilization can be considered children under state law. The decision prompted clinics across the state to halt fertility treatments and caused a nationwide uproar over reproductive health rights. With Republicans feeling the heat, Alabama lawmakers scrambled to pass a law to shield IVF providers from prosecution and civil lawsuits “for the damage to or death of an embryo” during treatment.

But when it comes to courts, Arizona lawmakers are doubling down: state Supreme Court justices are appointed by the governor but generally face voters every six years in retention elections. That could soon change. A constitutional amendment referred by the Arizona Legislature that could appear on the November ballot would eliminate those regular elections—triggering them only under limited circumstances—and allow the justices to serve as long as they exhibit “good behavior.” Effectively it would grant justices lifetime appointments until age 70, when they must retire.

Even with the backlash against the Arizona court’s abortion decision, Keith said, “I suspect there aren’t Republicans in the state right now who are lamenting all these changes to entrench a conservative majority on the Supreme Court.”

Meanwhile, abortion rights groups are trying to get a voter-led state constitutional amendment on the ballot that would protect abortion access until fetal viability and allow abortions afterward to protect the life or health of the pregnant person.

State court decisions are causing headaches even at the very top of the Republican ticket. In an announcement in which he declined to endorse a national abortion ban, presumptive Republican presidential nominee Donald Trump on April 8 said he was “proudly the person responsible” for ending Roe v. Wade, which recognized a federal constitutional right to abortion before being overturned by the U.S. Supreme Court in 2022, and said the issue should be left to states. “The states will determine by vote or legislation, or perhaps both, and whatever they decide must be the law of the land,” he said. But just two days later he sought to distance himself from the Arizona decision. Trump also praised the Alabama Legislature for enacting the law aiming to preserve access to fertility treatments. “The Republican Party should always be on the side of the miracle of life,” he said.

Recent court decisions on reproductive health issues in Alabama, Arizona, and Florida will hardly be the last. The Iowa Supreme Court, which underwent a conservative overhaul in recent years, on April 11, heard arguments on the state’s near-total abortion ban. Republican Gov. Kim Reynolds signed it into law in 2023 but it has been blocked in court.

In Florida, there was disappointment all around after dueling state Supreme Court decisions this month that simultaneously paved the way for a near-total abortion ban and also allowed a ballot measure that would enshrine abortion rights in the state constitution to proceed.

The Florida high court’s decisions were “simply unacceptable when five of the current seven sitting justices on the court were appointed by Republican Governor Ron DeSantis,” Andrew Shirvell, executive director of the anti-abortion group Florida Voice for the Unborn, said in a statement. “Clearly, grassroots pro-life advocates have been misled by elements within the ‘pro-life, pro-family establishment’ because Florida’s highest court has now revealed itself to be a paper tiger when it comes to standing-up to the murderous abortion industry.”

Tension between state judicial systems and conservative legislators seems destined to continue, given judges’ growing power over reproductive health access, Piatt said, with people on both sides of the political aisle asking: “Is this a court that is potentially going to give me politically what I’m looking for?”

Reprinted with permission from Daily Kos.

A Final -- And Fully Fact-Checked -- Verdict On 'Her Emails'

A Final -- And Fully Fact-Checked -- Verdict On 'Her Emails'

The Washington Post's fact-checker Glenn Kessler has delivered a conclusive verdict on the subject that gave the presidency to Donald J. Trump: What about her emails? His analysis follows a column I wrote last week examining whether any of Hillary Clinton's emails contained government secrets that would have justified her criminal prosecution, as Trump has urged for years — and has repeated with vehemence since the FBI seized top-secret documents including sensitive nuclear intelligence hidden at his Mar-a-Lago residence.

Kessler has at last settled the controversy that lasted for seven years. Former Secretary of State Clinton, linking to my column in a September 6 Twitter thread, put it bluntly: "The fact is that I had zero emails that were classified."

Beginning in 2015 when "her emails" became the subject of a long and tortuous FBI investigation, Kessler scolded Clinton more than once for "legalistic parsing" of the accusations against her. But now he has closely examined the facts at issue again, done additional reporting, and found "new details" that mitigate former FBI Director James Comey's harsh, unprecedented, and decisive interventions into the 2016 election, which unquestionably swayed it for Trump.The so-called "scandal" stemming from "her emails" wildly dominated election coverage. "News reports on this topic ran 19-to-1 negative over positive," reported the Shorenstein Center at Harvard's Kennedy School.

As the veteran Post reporter explains in painstaking detail, "a review of the recent investigations, including new information obtained by the Fact Checker, shows Clinton has good reason for making a distinction with Trump." Quoting State Department reports and other official documents, with appropriate links, Kessler elucidates what few have understood about the disputes over classification between the State Department and other agencies, and how Comey distorted those disagreements to suggest that Clinton disclosed classified data even when the documents carried no classification markings.

A 2018 report by the Trump Justice Department's inspector general, cited by Kessler, reiterates Clinton's exoneration by the FBI two years earlier: "There was no evidence that... former Secretary Clinton believed or (was) aware at the time that the emails contained classified information," or that she intended to jeopardize classified data in any way.

Kessler also elucidates the flaw behind Comey's assertion that "110 emails in 52 email chains have been determined by the owning agency to contain classified information at the time they were sent or received." This meant, as he notes, that "an intelligence agency, such as the CIA, had decided information in the email was classified, even if the email itself had not been marked classified."

How could Clinton — or anyone else — know that a document was deemed secret or even confidential if it carried no such markings? Comey stated that she or any reasonable person simply "should have known." If that sounds absurd, it's because it is absurd. Comey was playing a word game, suppressing essential information about the process of classification, and, after the damage was done to the Clinton candidacy, assumed a sanctimonious pose that his motive was above politics — all the while violating basic protocols of the Justice Department in making his public statements up to nine days before the election.

The absurdity of Comey's criticism is highlighted in one of several communications between a State Department security official and Clinton's attorney David Kendall. The official concedes that certain disputed information "was likely not classified at the time of sending, but the (department's) Senior Classification Review Panel (SCRP) later determined that it was." Such retroactive determinations are analogous to ex post facto laws, which are unconstitutional because they are so manifestly unfair and subject to abuse.

To maintain a semblance of order, the U.S. government has explicit rules and manuals controlling the classification of its files. Not a single one of the documents that appeared on Clinton's server was marked in accordance with those regulations, not even the three that Comey claimed had such markings. Eventually, he backed away from that claim in congressional testimony. Now the self-righteous Comey has declined to be interviewed by Kessler.

Finally, Kessler reports the conclusions of the two Trump State Department investigations of "her emails," both of which stated that beyond using a private server for State Department communications, a practice continued from her predecessor Colin Powell, she had done nothing wrong. "There was no persuasive evidence of systemic, deliberate mishandling of classified information," according to the Diplomatic Security Service, which conducted the department's final probe in 2019. And again: "None of the emails at issue in this review were marked as classified."

No longer should anyone — not any reputable reporter, not any credible news organization — report other than that irrefutable conclusion.

The facts laid out first in my column and now in fully documented detail by The Washington Post will not, of course, discourage Trump from his endless smears against Hillary Clinton, Barack Obama and all his enemies who should be in prison, or how the FBI and the "deep state" are persecuting him.

Going forward the national media should avoid promoting any false equivalence between "her emails" and Trump's dangerous stashing of national defense secrets, and instead consult the now established facts. As the truth about his grotesque and felonious misconduct emerges in full, the contrast will become starker than ever.

To find out more about Joe Conason and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.

Zelensky Asked Biden To List Russia As 'State Sponsor of Terrorism'

Zelensky Asked Biden To List Russia As 'State Sponsor of Terrorism'

WASHINGTON (Reuters) - Ukrainian President Volodymyr Zelensky recently made a direct appeal to U.S. President Joe Biden for the United States to designate Russia a "state sponsor of terrorism," the Washington Post reported on Friday, citing people familiar with their conversation.

Biden did not commit to specific actions during that call, the newspaper reported.

The label can be applied to any country that has "repeatedly provided support for acts of international terrorism," the newspaper said, citing a State Department fact sheet. The list currently includes four countries: North Korea, Cuba, Iran and Syria.

(Reporting by Kanishka Singh in Washington; Editing by Sandra Maler)

US Welcomes Incoming German Government Led By Social Democrat Scholz

US Welcomes Incoming German Government Led By Social Democrat Scholz

The United States said it looks forward to working with Germany's incoming government after a centre-left coalition clinched a deal. Olaf Scholz from the Social Democrats (SPD), who is expected to become Germany's next chancellor, presented the coalition deal between his party and their Green and Free Democrat (FDP) partners on Wednesday as a bold new agenda for action against climate change. Its agreed program includes a much more rapid transition to clean energy throughout German industry and transport.

"We look forward to working with Germany's new government on our goals of revitalizing the Transatlantic partnership, increasing cooperation with our NATO Allies, and raising the level of ambition of our relationship with the EU," a US State Department spokes...