Key abortion debates this week in US courts and statehouses
Abortion opponents are trying again to implement restrictions in the latest round of court and legislative action on the divisive issue. This round of efforts centers on states that have considered bans before and a policy that's been bouncing around federal courts. Here are key things to know about the latest developments in the saga of how abortion policy will settle after the U.S. Supreme Court last year overturned Roe v. Wade and the nationwide right to abortion. PURPLE STATE POLICY Since the Dobbs ruling last year, tighter abortion restrictions have been enacted in most Republican-controlled states and protections of abortion access have gone into effect in most that are dominated by Democrats. But there hasn't been such a uniform story in the 11 states with divided government control. Virginia has kept its status quo, for instance, while Vermont has adopted a constitutional amendment to preserve abortion access and Louisiana and Kentucky have bans in place. Change came quickly in North Carolina in April when one state lawmaker flipped from Democrat to Republican, giving the GOP enough votes to override gubernatorial vetoes. Lawmakers promptly passed a ban that's less restrictive than most — allowing abortion for the first 12 weeks of pregnancy, which would be among the least restrictive of the new bans. Democratic Gov. Roy Cooper vetoed it. But lawmakers on Tuesday overrode that veto and the new law is set to take effect July 1. TRYING AGAIN ON BANS IN NEBRASKA, SOUTH CAROLINA Nebraska and South Carolina are both Republican-dominated states where GOP lawmakers have struggled to agree on the details of abortion bans. Both are considering bans this week, just weeks after earlier efforts narrowly fell short on procedural votes. And both have resurrected legislation that's less restrictive than versions that were rejected previously. In South Carolina, Republican lawmakers were divided on whether to ban abortion at all stages of pregnancy or only after cardiac activity can be detected — generally around six weeks, often before women know they're pregnant. A version of a less stringent ban is now under consideration. In Nebraska, lawmakers balked at a ban after six weeks. The unique unicameral legislature is now considering a ban on abortion at 12 weeks' gestation. It's been added to a bill that would also ban gender-affirming care for minors. RESTRICTION IN MONTANA In Montana, Gov. Greg Gianforte signed a ban Tuesday on dilation and evacuation abortions, which are normally performed in the second trimester of pregnancy. A legal challenge is expected. And it wouldn't be the first challenge on the policy in the state. A judge ruled last month that she would not block the ban preemptively, before it was signed into law. The state in 2021 adopted a broader ban on abortions after 20 weeks of pregnancy, but the state Supreme Court ruled that it will not enforce it pending a court challenge, leaving abortions by some means legal until viability, around the 24th week. COURT ARGUMENTS ON AN ABORTION PILL Most of the legal battles on abortion since the Supreme Court’s Dobbs decision in 2022 have centered on whether individual state constitutions protect the right to abortion. But one has implications nationally. An anti-abortion group sued seeking to rescind the U.S. Food and Drug Administration’s 2000 approval of mifepristone, one of two drugs used in combination in most medication-induced abortions in the U.S. A federal judge in Texas agreed. The New Orleans-based 5th U.S. Circuit Court of Appeals is hearing arguments Wednesday on the matter. In the meantime, the U.S. Supreme Court has said that mifepristone can remain on the market. It is already barred from being used in abortions, with some exceptions, in states with bans in place. An immediate response from the circuit court is unlikely. The case is expected to return to the nation’s top court eventually. The Texas-based case could be merged with one in Washington, where another federal judge ruled last month that mifepristone restrictions cannot be rolled back in a group of Democrat-led states that filed lawsuits. Read More Ukraine war’s heaviest fight rages in east - follow live Charity boss speaks out over ‘traumatic’ encounter with royal aide Arab foreign ministers welcome Syria's return to the Arab League ahead of Jeddah summit Hamas calls on Palestinians to confront Israeli victory parade in Jerusalem Tiny Amerindian village in Guyana fights gold mine in key court battle over indigenous land rights
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DeSantis reacts to Trump implying Florida abortion ban is ‘too harsh’ as 2024 fight heats up
Gov Ron DeSantis criticised Donald Trump on Tuesday for implying Florida's new six-week abortion ban is “too harsh,” stepping up his attacks on the former president as he prepares to challenge him for the 2024 Republican nomination. Mr DeSantis was responding to a question about Mr Trump's comments in an article published Monday by The Messenger about the six-week ban the Florida governor recently signed into law. “Many people within the pro-life movement feel that that was too harsh,” Trump told the online outlet. Mr DeSantis contended the law has widespread support among opponents of abortion and noted the former president didn't say what limits he would back on the procedure. “Protecting an unborn child when there’s a detectable heartbeat is something that almost 99 per cent of pro-lifers support,” Mr DeSantis said at a news conference in Florida, taking questions after he signed a measure to combat human trafficking. “As a Florida resident, you know, he didn’t give an answer about, ‘Would you have signed the heartbeat bill that Florida did, that had all the exceptions that people talk about?’” Mr DeSantis added. The rivalry between Mr Trump and Mr DeSantis is heating up as the Florida governor nears a decision on a 2024 presidential bid. Mr DeSantis allies believe he will launch his candidacy as soon as this week, although an announcement could come closer to the end of the month. Abortion has been an early flashpoint in the still-forming Republican primary field ahead of the first presidential election since the Supreme Court overturned Roe v Wade. The bickering showcases the GOP's ongoing internal debate over hard-line abortion restrictions, which may be popular in a Republican primary but could create problems in a general election for the party's eventual nominee. The bill signed into law last month by Mr DeSantis would ban abortions after six weeks of pregnancy. It will take effect only if the state’s current 15-week ban is upheld in a legal challenge before the state Supreme Court, which is controlled by conservatives. “Ron DeSantis is flailing in the polls and is closer to the bottom of the pack than he is to President Trump, who is dominating in every single poll,” Trump campaign Steven Cheung said when asked to respond to DeSantis' remarks. Cheung pointed out an anti-abortion group's recent characterization of Trump's presidency as “the most consequential in American history for the pro-life cause.” Mr Trump has referred to himself as “the most pro-life president in American history,” as his three nominations of conservative judges to the Supreme Court paved the way for the end of legalized abortion nationwide. But in the early months of his 2024 bid, Mr Trump has often sidestepped the issue of abortion, even as Republicans across the country celebrate the Supreme Court decision stripping federal constitutional rights to the practice. In Iowa in March, he repeatedly refused to say whether he would support a federal law restricting abortion in every state — a move that anti-abortion activists have been demanding of the GOP’s presidential contenders. “We’re looking at a lot of different things," he said when asked by The Associated Press whether he supports a federal abortion ban. Last week during a primetime CNN town hall in New Hampshire, Mr Trump continued to avoid specifics on a national ban, repeatedly saying he would “do what’s right,” without specifying what that was. As he gets closer to an announcement, Mr DeSantis has been escalating his criticism of Mr Trump, who for months has been attacking him directly and through groups supporting his candidacy. Last week in Iowa, as perilous weather sidelined Mr Trump’s trip to the state, Mr DeSantis highlighted the GOP’s recent string of electoral losses — a clear knock on the former president. “We must reject the culture of losing that has impacted our party in recent years. The time for excuses is over,” Mr DeSantis said at an event in Sioux Center. “If we get distracted, if we focus the election on the past or on other side issues, then I think the Democrats are going to beat us again.” Read More Trump news – live: John Durham’s report on Trump-Russia probe attacks FBI as Giuliani accused of sexual abuse Oral sex on Trump calls and pardons for sale: The most disturbing allegations from the Giuliani lawsuit Disney asks judge to dismiss DeSantis-appointed board's lawsuit in latest tit-for-tat Ukraine war’s heaviest fight rages in east - follow live Charity boss speaks out over ‘traumatic’ encounter with royal aide
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