A Nevada judge has ruled to immediately dismiss the second of two “egg-as-person” ballot initiatives because he has determined it to be vague and misleading. Earlier this week, District Judge James E. Wilson rewrote a ballot initiative submitted by the Prolife Nevada coalition, because he found that the description of the first initiatives effects did not meet the test of being “straightforward, succinct, and non-argumentative,” and therefore would lead to confusion among voters as to what exactly they were voting to do. Both cases were brought by the American Civil Liberties Union (ACLU) Nevada, Planned Parenthood Affiliates of Nevada, and Planned Parenthood Federation of America on behalf of citizens of Nevada who joined the suit.
The language in this second case is supported by Personhood USA, the group that is promoting ballot initiatives in various states, and which seeks to give fertilized eggs rights that would supercede the rights of women to use contraception, terminate a pregnancy even in cases of life endangerment, receive treatment for life-threatening ectopic pregnancies, choose in vitro fertility treatment, and access life-saving health care such as chemo therapy in cases where said treatment might save the life of the mother, but threaten the fetus. So-called personhood amendments would also ban abortions in cases of fetal anomalies incompatible with life.
A similar ballot in Nevada was thrown out in 2009 for much the same reasons by a different judge.
After Wednesday’s ruling, Planned Parenthood representative Elisa Cafferata told the Las Vegas Review Journal that “Wilson understood the requirement that voters should know exactly what they would be voting to do.”
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“We are glad the Nevada court sees the sweeping impacts these groups are trying to do,” she said.
LVRJ reports that the decision came after a 45-minute hearing during which Personhood lawyer Gary Kreep repeatedly failed to state the purpose of the petition.
At one point, he said it would prevent “discrimination against the unborn” and at another noted it might stop rationing of health care for senior citizens that could occur under “Obamacare.” He added he would have to “speculate” on the petition’s possible effects.
The language of the Personhood USA and Prolife Nevada ballots have now been rejected three times. Dismissal of the Personhood USA initiative in Nevada leaves the future of such efforts to strip women of their rights in doubt. Personhood USA was, apparently, not pleased with the Judge’s earlier efforts to clarify the outcomes of the Prolife Nevada ballot–I guess if you can’t fool all the people all of the time, what is the point?–and so their next step in Nevada, if any, remains to be seen. Meanwhile, they are carrying forward in Arkansas, Ohio, and Wisconsin.
Like zombies, efforts to both disrespect and to strip women of their own rights to “personhood” seem never to actually die.
GOP-backed "personhood" laws have been an unmitigated failure. Voters in state after state have rejected by wide margins personhood ballot initiatives, and personhood bills have failed to gain traction in many legislatures.
An Iowa Republican plans to introduce a measure defining life as beginning at conception in response to the U.S. Supreme Court’s ruling striking down an anti-choice Texas law, which has limited states’ ability to restrict abortion care access.
GOP-backed “personhood” laws have been an unmitigated failure. Voters in state after state have rejected by wide margins personhood ballot initiatives, and personhood bills have failed to gain traction in many legislatures.
Rachel Lopez, a spokeswoman for Planned Parenthood of the Heartland, told IowaWatch that personhood measures are routinely introduced in Iowa but have failed to gain traction in the GOP-dominated legislature.
“Although we have not yet seen the details of this impending effort, we are confident that it also will fail to advance,” Lopez said. “Personhood bills are a waste of both time and taxpayer dollars, as they have failed time and again in Iowa and other states.”
Iowa lawmakers this year introduced SJR 2001, a joint resolution proposing an amendment to the state constitution specifying that the document does not secure or protect a fundamental right to abortion care.
SJR 2001 was referred to the senate rules and administration committee, but never received a hearing or a vote.
Schultz, who was elected to the state senate in 2014 after serving in the house, has sponsored or co-sponsored several anti-choice bills while in the state legislature, including personhood measures.
SF 478, sponsored by Schultz during the 2015 legislative session, would have defined “person” when referring to the victim of a murder, to mean “an individual human being, without regard to age of development, from the moment of conception, when a zygote is formed, until natural death.”
Mark Kende, director of Drake University’s Constitutional Law Center, told IowaWatch that Schultz’s proposal would not survive in the courts.
“He can try to pass that legislation but it certainly wouldn’t trump the federal Constitution,” Kende said. “Even if that language got into the state constitution it can’t defy three Supreme Court decisions in the last 40 years.”
“I’m pro-life and I want to do what I can to encourage things that can protect the lives of unborn children,” Branstad said. “Yet I also recognize that we have to live with the restrictions that have been placed on the states by the courts.”
And in other news, Donald Trump suggested that he can relate to Black people who are discriminated against because the system has been rigged against him, too. But he stopped short of saying he understood the experiences of Black Americans.
Donald Trump announced this week that he had selected Indiana Gov. Mike Pence (R) to join him as his vice presidential candidate on the Republican ticket, and earlier in the week, the presumptive presidential nominee suggested to Fox News that he could relate to Black Americans because the “system is rigged” against him too.
Pence Selected to Join the GOP Ticket
After weeks of speculation over who the presumptive nominee would chose as his vice presidential candidate, Trump announced Friday that he had chosen Pence.
“I am pleased to announce that I have chosen Governor Mike Pence as my Vice Presidential running mate,” Trump tweeted Friday morning, adding that he will make the official announcement on Saturday during a news conference.
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The presumptive Republican nominee was originally slated to host the news conference Friday, but postponed in response to Thursday’s terrorist attack in Nice, France. As late as Thursday evening, Trump told Fox News that he had not made a final decision on who would join his ticket—even as news reports came in that he had already selected Pence for the position.
As Rewire Editor in Chief Jodi Jacobson explained in a Thursday commentary, Pence “has problems with the truth, isn’t inclined to rely on facts, has little to no concern for the health and welfare of the poorest, doesn’t understand health care, and bases his decisions on discriminatory beliefs.” Jacobson further explained:
He has, for example, eagerly signed laws aimed at criminalizing abortion, forcing women to undergo unnecessary ultrasounds, banning coverage for abortion care in private insurance plans, and forcing doctors performing abortions to seek admitting privileges at hospitals (a requirement the Supreme Court recently struck down as medically unnecessary in the Whole Woman’s Health v. Hellerstedt case). He signed a ‘religious freedom’ law that would have legalized discrimination against LGBTQ persons and only ‘amended’ it after a national outcry. Because Pence has guided public health policy based on his ‘conservative values,’ rather than on evidence and best practices in public health, he presided over one of the fastest growing outbreaks of HIV infection in rural areas in the United States.
Trump Suggests He Can Relate to Black Americans Because “Even Against Me the System Is Rigged”
Trump suggested to Fox News’ Bill O’Reilly that he could relate to the discrimination Black Americans face since “the system [was] rigged” against him when he began his run for president.
When asked during a Tuesday appearance on The O’Reilly Factor what he would say to those “who believe that the system is biased against them” because they are Black, Trump leaped to highlight what he deemed to be discrimination he had faced. “I have been saying even against me the system is rigged. When I ran … for president, I mean, I could see what was going on with the system, and the system is rigged,” Trump responded.
“What I’m saying [is] they are not necessarily wrong,” Trump went on. “I mean, there are certain people where unfortunately that comes into play,” he said, concluding that he could “relate it, really, very much to myself.”
When O’Reilly asked Trump to specify whether he truly understood the “experience” of Black Americans, Trump said that he couldn’t, necessarily.
“I would like to say yes, but you really can’t unless you are African American,” said Trump. “I would like to say yes, however.”
Trump has consistently struggled to connect with Black voters during his 2016 presidential run. Despite claiming to have “a great relationship with the blacks,” the presumptive Republican nominee has come under intense scrutiny for using inflammatory rhetoric and initially failing to condemn white supremacists who offered him their support.
According to a recent NBC News/Wall Street Journal/Marist poll released Tuesday, Trump is polling at 0 percent among Black voters in the key swing states of Ohio and Pennsylvania.
What Else We’re Reading
Newt Gingrich, who was one of Trump’s finalists for the vice presidential spot, reacted to the terrorist attack in Nice, France, by calling for all those in the United States with a “Muslim background” to face a test to determine if they “believe in sharia” and should be deported.
Bloomberg Politics’ Greg Stohr reports that election-related cases—including those involving voter-identification requirements and Ohio’s early-voting period—are moving toward the Supreme Court, where they are “risking deadlocks.”
According to a Reuters review of GOP-backed changes to North Carolina’s voting rules, “as many as 29,000 votes might not be counted in this year’s Nov. 8 presidential election if a federal appeals court upholds” a 2013 law that bans voters from casting ballots outside of their assigned precincts.
The Wall Street Journalreportedon the election goals and strategies of anti-choice organization Susan B. Anthony List, explaining that the organization plans to work to ensure that policy goals such as a 20-week abortion ban and defunding Planned Parenthood “are the key issues that it will use to rally support for its congressional and White House candidates this fall, following recent setbacks in the courts.”
Multiple “dark money” nonprofits once connected to the Koch brothers’ network were fined by the Federal Election Commission (FEC) this week after hiding funding sources for 2010 political ads. They will now be required to “amend past FEC filings to disclose who provided their funding,” according to the Center for Responsive Politics.
Politico’s Matthew Nussbaum and Ben Weyl explain how Trump’s budget would end up “making the deficit great again.”
“The 2016 Democratic platform has the strongest language on voting rights in the party’s history,” according to the Nation’s Ari Berman.