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Big Marriage News From Kansas, Michigan, Ohio, Tennessee, And Kentucky

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Closing out one of the most turbulent weeks in American politics and marriage equality comes big news from five states.

This has been one of the most-active weeks for U.S politics and for marriage equality. Three judges struck down bans on same-sex marriage, including a state and a federal judge in Missouri, and a federal judge in Kansas, and the 6th Circuit Court of Appeals upholding bans on same-sex marriage in four states.

It’s been a full week.

Now there’s more marriage news.

First up: Kansas.

The 10th U.S. Circuit Court of Appeals has just denied the State’s request for an emergency stay pending appeal on the Kansas ruling, meaning same-sex couples can begin marrying next week.

Chris Geidner at Buzzfeed reports that “same-sex couples likely will be able to marry in Kansas later on Tuesday, Nov. 11, or, if no offices remain open past 5 p.m., then on Wednesday, Nov. 12.”

Meanwhile, Kansas is requesting an en banc review – in this case a review by all the Circuit Court’s judges – of the ruling from the 10th Circuit.

Next up, in case the photo above didn’t give it away, we have another opportunity for the U.S. Supreme Court to review same-sex marriage cases.

The Court declined last month to take up any same-sex marriage cases, likely because there had not been any conflicting opinions at the appellate court level. 

Now, the 6th Circuit’s ruling removes that requirement and the nation’s highest court will likely step in and review at least one same-sex marriage case.

The big news is all four cases in which the 6th Circuit ruled that states have the constitutional right to ban same-sex marriage, will skip the next level, the en banc hearing, and are requesting the Supreme Court to hear their cases.

Chris Geidner filed a lengthy report updated over the past two days. Excerpts tell the story:

“[G]iven the urgency of the issues for the Tennessee plaintiff couples, we will be asking the Supreme Court to review the Sixth Circuit decision rather than seeking en banc review,” National Center for Lesbian Rights lawyer Shannon Minter wrote to BuzzFeed News.

“Since it seems as though review of this issue by the Supreme Court is an inevitability, we are not seeking en banc review. We hope to have the Kentucky case fully briefed and before the SCOTUS at the earliest possible date,” Dan Canon wrote to BuzzFeed News.

Al Gerhardstein, representing Ohio’s James Obergefell, said he will be filing a cert petition at the Supreme Court, hopefully by next Friday, Nov. 14. Dana Nessel said that she would be doing the same on behalf of her Michigan clients, April DeBoer and Jayne Rowse, although she did not lay out a timeline for the filing.

“Justice [Ruth Bader] Ginsburg said they were waiting for a split on this issue — and they certainly have that now,” Nessel said.

Abby Rubenfeld, the lead lawyer for the Tennessee plaintiffs, updated BuzzFeed News about Friday’s call with the counsel from all four states.

“We just had a conference call with the attorneys from all four Sixth Circuit states on the marriage cases. We were all in agreement to apply for certiorari at the supreme court, and not to first seek en banc review in the Sixth Circuit,” she explained. “Given the significance of the issue, the reality that it will end up in the Supreme Court ultimately, and the harms that all of our clients are suffering each day that their marriages are not recognized, we want to get to the Supreme Court sooner rather than later.” 

“We hope to file within two weeks, and hopefully sooner, so that we can still be on the docket for this term—which means resolution by june 30, 2015,” she added.

 

Image via Flickr 

 

Related At The New Civil Rights Movement:

Federal Judge’s Missouri Pro-Marriage Ruling Takes Swipe At 6th Circuit Anti-Marriage Ruling

Missouri Democratic Attorney General Wastes No Time, Announces Marriage Ruling Appeal

Dissenting 6th Circuit Judge: Anti-Gay Marriage Ruling ‘Fails’ On ‘Constitutional Question’

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OPINION

‘Pretty Strong Views’: Trump Vows ‘Big Statement’ on Abortion Pill in the ‘Next Week or Two’

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Donald Trump claimed he has “pretty strong views” on the medication abortion drug mifepristone, vowed he would make a statement on it in two weeks, and when he missed his self-imposed deadline the ex-president said he would do so in one week, according to a TIME magazine cover story interview and transcript published Tuesday.

Abortion has become a critical election issue, with Democrats fully supporting a woman’s right to choose and most Republicans strongly opposed. Some Republicans and those on the far-right support a ban, are attempting to ban, or refusing to protect in-vitro fertilization (IVF), as well as mifepristone, which is widely-used, safe, and available by mail in many states.

In the wide-ranging interview with TIME’s Eric Cortellessa, Trump made clear he would not weigh in on a national abortion ban, insisting it could not happen because the Supreme Court sent the issue to the states. Several Republicans and far-right activists have openly promoted national abortion bans.

Trump, according to a transcript of his interview TIME published, also appeared unfamiliar with – or unable or unwilling to discuss – some issues that have been an important part of the national conversation, including IVF, mifepristone, and attaching legal “personhood” status to fetuses, or embryos, in the womb.

RELATED: Trump Would Not Oppose State Pregnancy Surveillance or Abortion Prosecution

“Your allies in the Republican Study Committee, which makes up about 80% of the GOP caucus, have included the Life of Conception act in their 2025 budget proposal. The measure would grant full legal rights to embryos. Is that your position as well?” TIME’s Cortellessa asked Trump.

“Say it again. What?” the ex-president replied.

“The Life at Conception Act would grant full legal rights to embryos, included in their 2025 budget proposal. Is that your position?” Cortellessa explained, asking again.

“I’m leaving everything up to the states. The states are going to be different. Some will say yes. Some will say no. Texas is different than Ohio,” Trump replied, ignoring that the bill is a federal bill sponsored by Republicans in the House and Senate.

“Would you veto that bill?” Cortellessa pressed.

“I don’t have to do anything about vetoes, because we now have it back in the states,” Trump insisted, not giving a direct answer. “They’re gonna make those determinations.”

Cortellessa’s next question: “Do you think women should be able to get the abortion pill mifepristone?”

READ MORE: ‘Won’t Stop Him’: Judge Threatens Trump With Jail for Gag Order Breach

Again, Trump refused to give a direct answer.

“Well, I have an opinion on that, but I’m not going to explain. I’m not gonna say it yet. But I have pretty strong views on that. And I’ll be releasing it probably over the next week,” he said, unwilling to even engage in any conversation about it.

“Well, this is a big question, Mr. President,” Cortellessa pressed, “because your allies have called for enforcement of the Comstock Act, which prohibits the mailing of drugs used for abortions by mail. The Biden Department of Justice has not enforced it. Would your Department of Justice enforce it?”

“I will be making a statement on that over the next 14 days,” Trump vowed.

“You will?” the reporter again pressed.

“Yeah, I have a big statement on that. I feel very strongly about it. I actually think it’s a very important issue,” Trump claimed, refusing to discuss it further.

TIME reports the original Trump interview took place at Mar-a-Lago on April 12, and a follow up interview was conducted by phone April 27.

“Last time we spoke, you said you had an announcement coming over the next two weeks regarding your policy on the abortion pill mifepristone. You haven’t made an announcement yet. Would you like to do so now?” Cortellessa asked Trump.

“No, I haven’t,” he acknowledged. “I’ll be doing it over the next week or two. But I don’t think it will be shocking, frankly. But I’ll be doing it over the next week or two. We’re for helping women, Eric. I am for helping women. You probably saw that the IVF came out very well. And, you know, I set a policy on it, and the Republicans immediately adopted the policy.”

READ MORE: Noem Doubles Down With ‘Legal Cover’ For Shooting Her Puppy to Death

 

 

 

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OPINION

Trump Would Not Oppose State Pregnancy Surveillance or Abortion Prosecution

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With little more than six months until Election Day, Donald Trump is preparing for an “authoritarian” presidency, and a massive, multi-million dollar operation called Project 2025, organized by The Heritage Foundation and headed by a former top Trump White House official, is proposing what it would like to be his agenda. In its 920-page policy manual the word “abortion” appears, by NCRM’s count, nearly 200 times.

Trump appears to hold a more narrow grasp of the issue of abortion, and is holding on to the framing he recently settled on, which he hoped would end debate on the issue after the U.S. Supreme Court overturned Roe v. Wade. One day before the Arizona Supreme Court ruled an 1864 law banning abortion was still legal and enforceable, Trump declared states have total control over abortion and can do whatever they like.

Despite the results of that framing, Trump is sticking with that policy.

In a set of interviews with TIME‘s Eric Cortellessa, published Tuesday, the four-times indicted ex-president said he would not stop states from monitoring all pregnancies within their borders and prosecuting anyone who violates any abortion ban, if he were to again become president. He also refused to weigh in on a nationwide abortion ban or on medication abortion.

READ MORE: ‘Won’t Stop Him’: Judge Threatens Trump With Jail for Gag Order Breach

Recently, Trump backed away from endorsing a nationwide abortion ban, but in the past he has said there should be “punishment” for women who have abortions. The group effectively creating what could become his polices, The Heritage Foundation and its Project 2025, fully support a ban on abortion.

The scope of the TIME interviews was extensive.

“What emerged in two interviews with Trump, and conversations with more than a dozen of his closest advisers and confidants, were the outlines of an imperial presidency that would reshape America and its role in the world,” Cortellessa writes in his article.

“To carry out a deportation operation designed to remove more than 11 million people from the country, Trump told me, he would be willing to build migrant detention camps and deploy the U.S. military, both at the border and inland. He would let red states monitor women’s pregnancies and prosecute those who violate abortion bans. He would, at his personal discretion, withhold funds appropriated by Congress, according to top advisers. He would be willing to fire a U.S. Attorney who doesn’t carry out his order to prosecute someone, breaking with a tradition of independent law enforcement that dates from America’s founding.”

TIME’s Cortellessa also notes that Trump “is weighing pardons for every one of his supporters accused of attacking the U.S. Capitol on Jan. 6, 2021, more than 800 of whom have pleaded guilty or been convicted by a jury. He might not come to the aid of an attacked ally in Europe or Asia if he felt that country wasn’t paying enough for its own defense. He would gut the U.S. civil service, deploy the National Guard to American cities as he sees fit, close the White House pandemic-preparedness office, and staff his Administration with acolytes who back his false assertion that the 2020 election was stolen.”

READ MORE: ‘Let’s Get a Warrant for Her Backyard’: Noem ‘Done Politically’ Right Wing Pundits Say

On abortion, Trump has repeatedly bragged he personally ended Roe v. Wade, which was a nearly 50-year old landmark Supreme Court ruling that found women have a constitutional right to abortion, and by extension, bodily autonomy.

But Trump has also “sought to defuse a potent campaign issue for the Democrats by saying he wouldn’t sign a federal ban. In our interview at Mar-a-Lago, he declines to commit to vetoing any additional federal restrictions if they came to his desk. More than 20 states now have full or partial abortion bans, and Trump says those policies should be left to the states to do what they want, including monitoring women’s pregnancies. ‘I think they might do that,’ he says.”

“When I ask whether he would be comfortable with states prosecuting women for having abortions beyond the point the laws permit, he says, ‘It’s irrelevant whether I’m comfortable or not. It’s totally irrelevant, because the states are going to make those decisions.’ President Biden has said he would fight state anti-abortion measures in court and with regulation,” Cortellessa adds.

Trump in his TIME interview continued to hold on to the convenient claim as president he would have absolutely nothing to do with abortion.

But “Trump’s allies don’t plan to be passive on abortion if he returns to power. The Heritage Foundation has called for enforcement of a 19th century statute that would outlaw the mailing of abortion pills. The Republican Study Committee (RSC), which includes more than 80% of the House GOP conference, included in its 2025 budget proposal the Life at Conception Act, which says the right to life extends to ‘the moment of fertilization.’ I ask Trump if he would veto that bill if it came to his desk. ‘I don’t have to do anything about vetoes,’ Trump says, ‘because we now have it back in the states.'”

That’s inaccurate, if a national abortion ban, or any legislation on women’s reproductive rights, comes to his desk. And they will, if there’s a Republican majority in the House and Senate.

READ MORE: Hunter Biden Plans Lawsuit Against Fox News Amid ‘Conspiracy of Disinformation’

Brooke Goren, Deputy Communications Director for the Democratic National Committee (DNC) writes, “In the same interview, Trump:
– Repeatedly refuses to say he wouldn’t sign a national ban
– Left the door open to signing legislation that could ban IVF
– Stood by his allies, who are making plans to unilaterally ban medication abortion nationwide if he’s elected.”

Cortellessa ends his piece with this thought: “Whether or not he was kidding about bringing a tyrannical end to our 248-year experiment in democracy, I ask him, Don’t you see why many Americans see such talk of dictatorship as contrary to our most cherished principles? Trump says no. Quite the opposite, he insists. ‘I think a lot of people like it.'”

The Bulwark’s Bill Kristol, once a hard-core conservative Republican, now a Democrat as of 2020, served up this take on TIME’s Trump interview and overview of a second Trump reign.

“Some of us: A second term really would be far more dangerous than his first, it would be real authoritarianism–with more than a touch of fascism.

Trump apologists: No way, calm down.

Trump: Yup, authoritarianism all the way!”

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‘Won’t Stop Him’: Judge Threatens Trump With Jail for Gag Order Breach

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New York Supreme Court Justice Juan Merchan found Donald Trump in criminal contempt of court for nine violations of his gag order, and served up a threat of time behind bars if he continues down that path. Some legal experts say Merchan’s punishment could have been broader or stronger, while others called it a “smart move.”

Justice Merchan fined Trump $1000 per violation, the maximum allowed under New York law, and warned the ex-president he could face time in jail if he continues to violate the order.

“Defendant is hereby warned that the Court will not tolerate continued willful violations of its lawful orders and that if necessary and appropriate under the circumstances, it will impose an incarceratory punishment,” Justice Merchan wrote.

Merchan also gave Trump until 2:15 PM to remove the nine social media and campaign website posts that violated his gag order.

READ MORE: ‘Let’s Get a Warrant for Her Backyard’: Noem ‘Done Politically’ Right Wing Pundits Say

“Trump will see Justice Merchan’s $9,000 fine for violating the gag order as a reasonable cost for the ability to continue attacking the judge, court and rule of law. It won’t stop him,” warned Bloomberg Opinion executive editor Tim O’Brien, who is the author of a 2005 book on Trump.

Calling the opinion “well-reasoned” and “balanced,” professor of law Ryan Goodman, a former Special Counsel for the U.S. Dept. of Defense, made a point of noting its historic nature:

Professor of law and former FBI General Counsel Andrew Weissmann lamented Justice Merchan’s missed opportunity.

“Judge missed an opportunity to impose a monitor over his social media posts and to suggest the penalty will be considered at end of trial.”

But national security attorney Brad Moss praised the punishment in Merchan’s contempt finding.

“Smart move by Merchan. This is the first criminal contempt finding. It’s a warning to Trump that the games won’t be tolerated. If he does it again, and Merchan does have to cross the rubicon and jail him, it strengthens Merchan’s argument on appeal.”

READ MORE: Peter Navarro’s Latest Attempt to Get Out of Jail Smacked Down by SCOTUS
 

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