Tag: conservative
What Wisconsin's Supreme Court Election Could Mean For Abortion Rights

What Wisconsin's Supreme Court Election Could Mean For Abortion Rights

On April 1, Wisconsin voters will elect their next Supreme Court justice. A seat that opened up after Justice Ann Walsh Bradley announced she would not seek reelection when her term expires on July 31 will be filled by either conservative candidate Waukesha County Circuit Court Judge Brad Schimel or liberal candidate Dane County Circuit Court Judge Susan Crawford. The new justice will take office in August.

If Schimel is elected, he would flip control of the high court from its current 4-3 liberal majority and possibly determine the ruling on the validity of an 1849 statute that could ban abortion in the state.

Following the U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and the federal constitutional right to abortion in June 2022, Wisconsin’s 1849 law went into effect, and for over a year, it was used to ban abortion in the state.

In December 2023, Dane County Circuit Judge Diane Schlipper ruled that the law pertained to infanticide and not to abortion, but challenges to the law continue through the courts. The state Supreme Court heard oral arguments in November 2024, and a ruling is expected in the coming months.

Where it specifically mentions abortion, the 174-year-old statute provides exceptions for “therapeutic abortion” performed by a physician and deemed necessary “to save the life of the mother.”

Schimel has said he believes that “life begins at conception,” and in a recent debate with Crawford on March 12, when he was asked about the 1849 statute, Schimel said, “It was passed by two Houses of the legislature and signed by a governor. That means it’s a valid law.”

An expert in health care law and a physician told the Wisconsin Independent that the wording of the law is vague and could put patients’ lives in danger.

Richard Davis, a Milwaukee attorney with the firm Quarles and Brady, said that while the law was being enforced as a ban on abortion, he advised his clients to meticulously document every case in which an abortion was required to save the life of the patient.

“The key there is medical documentation, making sure the physician involved in the procedure or ordering the procedure is able to clearly and accurately state why the procedure is necessary to save the life of the mother, and keeping thorough records of that,” Davis told the Wisconsin Independent.

“Just kind of thinking forward from that physician’s perspective, if the state were to try to bring a case here, having that clear documentation of saying, No, this was necessary to save the life of the mother in my medical judgment for X, Y and Z reasons, and the more clearly and effectively they could state that, the lower the liability here is under the statute.”

Davis said that if the 1849 law were to again be interpreted as an abortion statute as opposed to a feticide statute and be enforceable by the high court, his greatest legal concern is a lack of clear parameters guiding physicians in practice.

“From a legal perspective, there’s only so much we can say, this is what the law says, and it really does boil down to the physician’s medical judgment,” Davis said.

Dr. Shefaali Sharma, an obstetrician-gynecologist in Madison, said that she’s concerned that the vague wording of the 1849 statute will result in more maternal deaths.

“When you put in vague wording that scares people in terms of how they practice, and instead of practicing based on the clinical picture in front of them and the science and the data and the evidence and objective standpoints with shared decision-making with the patient after they’ve been counseled, and instead you use fearmongering and political agendas to define what a life is and how on the edge it needs to be before you can intervene to save it, we’re going to see more maternal deaths,” Sharma said..

Sharma said that the 1849 law would devastate the state’s medical system and that patients would seek care from providers outside of the state in crisis situations such as a miscarriage or a desired abortion.

She also said that some physicians might leave the state.

“That means that more women are going to be at risk for complications,” Sharma said. “We’re going to see changes in the quality and the rigor of the training and the caliber of physicians that stay in state, because we’re going to lose those skills, and that’s going to result in so much devastation to the health care of women in the state of Wisconsin.”

Reprinted with permission from Wisconsin Independent.

Donald Trump and Aileen Cannon

Violating Rules, Judge Cannon Failed To Disclose Right-Wing Junket

Federal Judge Aileen M. Cannon, the controversial jurist who tossed out the classified documents criminal case against Donald Trump in July, failed to disclose her attendance at a May 2023 banquet funded by a conservative law school.

Cannon went to an event in Arlington, Virginia. honoring the late Supreme Court Justice Antonin Scalia, according to documents obtained from the Law and Economics Center at George Mason University. At a lecture and private dinner, she sat among members of Scalia’s family, fellow Federalist Society members and more than 30 conservative federal judges. Organizers billed the event as “an excellent opportunity to connect with judicial colleagues.”

A 2006 rule, intended to shine a light on judges’ attendance at paid seminars that could pose conflicts or influence decisions, requires them to file disclosure forms for such trips within 30 days and make them public on the court’s website.

It’s not the first time she has failed to fully comply with the rule.

In 2021 and 2022, Cannon took weeklong trips to the luxurious Sage Lodge in Pray, Montana, for legal colloquiums sponsored by George Mason, which named its law school for Scalia thanks to $30 million in gifts that conservative judicial kingmaker Leonard Leo helped organize.

Current rates for standard rooms at Sage Lodge can exceed $1,000 per night, depending on the season. With both Montana trips, Cannon’s required seminar disclosures were not posted until NPR reporters asked about the omissions this year as part of a broader national investigation of gaps in judicial disclosures.

Cannon did not respond to repeated requests for comment.

In response to questions from ProPublica, the clerk in the Southern District of Florida wrote in an email that Cannon had filed the Sage Lodge trips with the federal judiciary’s administrative office but had “inadvertently” not taken the second step of posting them on the court’s website. She explained that “Judges often do not realize they must input the information twice.”

The clerk said she had no information about the May 2023 banquet.

“Judges administer the law, and we have a right to expect every judge to comply with the law,” said Virginia Canter, chief ethics counsel for the watchdog group Citizens for Responsibility and Ethics in Washington.

Cannon’s husband, Joshua Lorence, a restaurant executive, accompanied her to the 2021 and 2022 colloquiums, which featured noted conservative jurists, lawyers and professors as well as lengthy “afternoon study breaks,” according to records obtained by ProPublica. Cannon emailed university staff to submit airport parking expenses and inquire about rental car reimbursement.

The rule for paid seminars is among the policies set by the Judicial Conference. Federal judges are also required by law to file annual financial disclosures, listing items such as assets, outside income and gifts.

Cannon’s annual disclosure form for 2023, which was due in May and offers another chance to report gifts and reimbursements from outside parties, has yet to be posted. (Cannon reported the two Montana trips on her annual disclosure forms, but the required 30-day privately funded seminar reports had not been posted. In 2021, Cannon incorrectly listed the school as “George Madison University.”)

The court’s administrative office declined to say if she requested a one-time extension to give her until Aug. 13 to file. A spokesperson would not discuss whether she met the deadline or the status of her disclosure, which must be reviewed internally.

Cannon’s performance during almost four years of a lifetime appointment has drawn criticism from lawyers, former federal judges and courtroom observers who told ProPublica that she doesn’t render timely decisions and has made unpredictable rulings in both civil and criminal matters. On July 15, she threw out the case brought by Special Counsel Jack Smith that alleges Trump mishandled classified documents at his Mar-a-Lago residence; Cannon called Smith’s appointment unconstitutional since he was not nominated by the president and approved by the Senate.

Smith is appealing to the 11th U.S. Circuit Court of Appeals, and Citizens for Responsibility and Ethics in Washington has asked the court to remand her decision and replace her.

By contrast, Trump, who appointed Cannon in 2020 to the Fort Pierce courthouse, has praised her brilliance, and Federalist Society founder Steven Calabresi called her a heroine for throwing out the criminal case against Trump.

For decades, judicial education programs sponsored by George Mason’s Law and Economics Center have drawn in 5,000 state and federal judges and four current Supreme Court justices, according to its website. The school says its programs strive for balance and intellectual rigor. But conference agendas and speaker lists that the university must file with the courts detail lectures and panel discussions built around Federalist Society principles that are associated with conservative legal movements.

Ken Turchi, associate dean for external affairs, said the law school plays no role in judicial disclosures. “Judges’ decisions to submit (or not submit) disclosure forms are theirs alone — it’s a self-reporting process,” he said.

The guest list for the May 2023 Scalia Forum included William H. Pryor Jr., chief judge of the 11th Circuit, which is now hearing Smith’s appeal. Pryor and dinner speaker Kyle Duncan, a 5th Circuit judge, did file their required disclosures for the Scalia dinner.

Pryor’s court has overruled Cannon twice in the Trump case. It sided with the government in September 2022 on a motion for a stay and found that it “had established a substantial likelihood of success on the merits.” In December 2022, it ruled that she erred in naming a special master to examine classified documents seized from Mar-a-Lago. After that decision, Cannon had to dismantle an expensive operation set up by her special master, a senior federal judge in New York.

Gabe Roth, who directs Fix the Court, a nonprofit judicial reform group, said compliance with the privately funded seminar rule has improved in some circuits since his group pressed for compliance with the Administrative Office of the Courts.

“They’re a more effective way for litigants and the public to get a sense of what types of individuals and groups a judge might be hanging out with and learning from,” he said.

Records show that Cannon submitted minor reimbursement requests related to the Scalia Forum trip after she returned, including the 158 miles she drove round trip to the airport. She inquired with George Mason staff about details for an Alaska excursion recommended by a former lawyer in the Trump-era White House Counsel’s Office.

Cannon registered for George Mason’s Hill Country Colloquium at a Texas resort in December 2023 but had to back out for scheduling reasons.

“I hope to join that event, and others, in future years,” she wrote.

Reprinted with permission from Alternet.

Sparsely Attended CPAC Ridiculed As 'Shell' What It Once Was

Sparsely Attended CPAC Ridiculed As 'Shell' What It Once Was

The Conservative Political Action Conference (CPAC) — an annual summit of far-right activists, pundits and elected officials — used to be regarded as the beating heart of the conservative movement. However, one columnist recently said CPAC has now become a "joke" given its meager attendance.

According to Daily Beast senior columnist Matt Lewis, CPAC, which is hosted by the American Conservative Union in Washington, DC, has lost its luster as newer, hotter competitor conferences have emerged in recent years. Far-right group Turning Point USA, for example, attracted roughly 20,000 attendees for its "AmericaFest" event late last year. To further illustrate his point, Lewis linked to a tweet by 2024 CPAC attendee Steven Senski, who posted a photo of a sparsely attended CPAC forum featuring rows of mostly empty chairs.

"I've seen bigger Tupperware parties," Senski wrote.

2024 marked the 50th annual gathering for the American Conservative Union — which is led by far-right activist Matt Schlapp — yet the slim attendance numbers suggest that the summit no longer packs the punch it used to. This may be partially attributed to the sexual harassment allegations against Schlapp. In 2023, Carlton Huffman, an ex-staffer for former Georgia US Senate candidate Herschel Walker, accused Schlapp of grabbing his crotch and inviting him to his hotel room while he was visiting Atlanta. Huffman is seeking $9.4 million in damages for both alleged sexual battery and defamation.

"[J]ust as the Republican Party has become smaller (and weirder) in the Trump era, so too has the conservative movement," Lewis wrote. "Add all these things up, and CPAC is a shell of its former self. As Jimmy Kimmel put it, this year’s CPAC looks to be 'a who's who of who won’t accept the results of the election.' (Sadly, he was right.)"

Still, CPAC still played host this year to numerous high-profile Republicans who are seeking to become former President Donald Trump's running mate, assuming he wins the GOP's presidential nomination this summer. Reps. Byron Donalds (R-FL) and Elise Stefanik (R-NY) spoke at this year's conference, along with Sen. JD Vance (R-OH) and South Dakota Gov. Kristi Noem (R).

CPAC 2024 was also host to numerous election deniers. One booth featured a January 6-themed pinball machine that glorified disproven conspiracy theories about the 2020 presidential election. CNN reported that the game "has seven different modes: 'Stop the Steal,' 'Fake News,' 'Peaceful Protest,' 'It's a Setup,' 'Babbitt Murder,' 'Have Faith' and 'Political Prisoners.' The conference ends today.

Reprinted with permission from Alternet.

Joe Biden

Yes, Biden Is Old -- But His Stamina And Mental Condition Are Good

Our octogenarian president traveled 8,000 miles to meet with India's premier, Narendra Modi, and to attend the G20 summit in New Delhi. He then flew another 2,000 miles to visit America's new pal, Vietnam — all over the course of just five days. That's a demanding trip, even for a younger person. After meeting for several hours with the general secretary of the Communist Party of Vietnam, Nguyen Phu Trong, Biden held a formal press conference. And he did fine.

Yes, his voice is weaker than it used to be, and his gait is stiff, but on the matter that currently has 62% of the public seriously worried — namely, whether he has the mental acuity to serve as president — his performance should be reassuring.

The public's perception of Biden's mental decline is out of all proportion to reality. A May NPR/PBS NewsHour/Marist poll found that 69% of registered independent voters believe Biden's mental fitness is a real concern. A more recent CNN poll found that 73% are seriously concerned that his physical and mental health might not be adequate for another term. Even among Democrats, only 49% say he has the stamina and mental sharpness to serve another term. At dinner parties, people say the president has dementia.

To be clear, it would be better to have a younger president seeking reelection — and I would like to be four inches taller and gifted at the cello. But we got what we got, and part of being a grown-up is accepting reality.

There is no way to watch Biden's Hanoi press conference and not recognize that his brain is working fine. He responds to questions in appropriate fashion. His words are diplomatically chosen, and his thoughts follow in logical order.

Anyone who has ever had a friend or relative with dementia knows that this is nothing like what they sound like. They repeat themselves constantly without self-awareness. They don't distinguish between things that happened that morning and things that happened years ago. They get angry and tearful for no apparent reason. Dementia is a devastating disease and quite different from normal aging. In fact, while the percentage of people with dementia rises with age, only about 10% of those aged 70 and older suffer from it.

Now, have a look at Biden's press conference. He was asked about a Chinese official's accusation that Biden was "insincere" about the relationship with China, and also whether he thought Chinese President Xi Jinping was sincere in light of his recent move to "ban" Apple in China. Biden had trouble hearing the first part of the question (OK, that is his age showing), but then gave a careful answer.

He declined the implied invitation to get into a spitting match with Xi and emphasized that "we're not looking to hurt China ... We're all better off if China does well," adding that "if China does well by the international rules, it grows the (world's) economy." To underline that point, he noted that "It's not about isolating China. It's about making sure the rules of the road — everything from airspace and — and space and in the ocean is — the international rules of the road are ... abided by."

Without overt threats or intemperate words, Biden then noted that he is building and/or bolstering alliances with other Asian nations. "That's what this trip was all about: having India cooperate much more with the United States, be closer with the United States, Vietnam being closer with the United States. It's not about containing China; it's about having a stable base — a stable base in the Indo-Pacific."

I could have done without the too-clever-by-half tactic of calling only upon female journalists (a reprise of an Obama gimmick from 2014). And Biden's acknowledgement at the start that the five questioners had been chosen in advance was a mistake. He introduced the Q and A by saying, "And now, I will take your questions. Let me see. They told me — they gave me five people here," which made him seem directed by others instead of in charge. And he stumbled over their names all the same.

But in the course of his basically direct, non-meandering answers, he touted the new rail and shipping corridor just announced at the G20 that will link India to Europe; noted that the United States has the world's strongest economy; praised a past Republican senator for working with poorer nations to maintain forest land; and mentioned the amount of carbon the Amazon rainforest absorbs.

At one point he did sound like a geezer, quoting from a John Wayne movie, but that was one deviation from an otherwise workmanlike performance.

Biden's physical presentation — the slow and careful walk, the slightly pitched posture — suggests age more than his words. But, bottom line: He is perfectly capable of thinking on his feet. Too many Americans have come to believe that he is in sharp mental decline. When you see him in a Q and A, it's clear that he isn't, and people need to know that.

Mona Charen is policy editor of The Bulwark and host of the "Beg to Differ" podcast. Her new book, Hard Right: The GOP's Drift Toward Extremism, is available now.

Reprinted with permission from Creators.

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