A court order that says hospitals cannot federally be required to provide pregnancy terminations when they violate a Texas abortion ban will stay for now, the Supreme Court said Monday.
The decision is another setback for opponents of Texas’ abortion ban, which for two years has withstood multiple legal challenges, including from women who had serious pregnancy complications and have been turned away by doctors.
It left Texas as the only state where the Biden administration is unable to enforce its interpretation of a federal law in an effort to ensure women still have access to emergency abortions when their health or life is at risk.
The justices did not detail their reasoning for keeping in place a lower court order, and there were no publicly noted dissents. Texas had asked the justices to leave the order in place while the Biden administration had asked the justices to throw it out.
Texas Attorney General Ken Paxton called the decision “a major victory.”
The Biden administration argues that a federal law, called the Emergency Medical Treatment and Labor Act, or EMTALA, requires emergency rooms to provide abortions if a pregnant patient’s health or life is at serious risk, even in states where the procedure is banned. The law only applies to emergency rooms that receive Medicare funding, which most hospitals do.
The Supreme Court decision comes weeks before a presidential election in which Democratic nominee Kamala Harris has put abortion at the center of her campaign, attacking Republican challenger Donald Trump for appointing judges to the high court who overturned nationwide abortion rights in 2022.
“I will never stop fighting for a woman’s right to emergency medical care — and to restore the protections of Roe v. Wade so that women in every state have access to the care they need,” Harris said on social media Monday evening.
Texas’ abortion ban has also been a centerpiece of Democratic U.S. Rep. Colin Allred ’s challenge against Republican U.S. Sen. Ted Cuz for his seat. At a campaign event over the weekend in Fort Worth, Texas, hundreds of Allred’s supporters broke out in raucous applause when he vowed to protect a woman’s right to an abortion. “When I’m in the Senate, we’re going to restore Roe v. Wade,” Allred said.
At a separate event the same day, in a nearby suburb, Cruz outlined a litany of criticisms against Allred, but didn’t bring up the abortion law.
Katie Glenn Daniel, the state policy director of SBA Pro-Life America, applauded the Supreme Court decision and pointed to data showing Texas doctors have been able to provide an average of about five abortions per month to save a patient’s life or health.
Still, complaints of pregnant women in medical distress being turned away from emergency rooms in Texas and elsewhere have spiked as hospitals grapple with whether standard care could violate strict state laws against abortion. Several Texas women have lodged complaints against hospitals for not terminating their failing and dangerous pregnancies because of the state’s ban. In some cases, women lost reproductive organs.
In asking the Supreme Court to toss out the lower court decision, the administration pointed to a similar case from Idaho earlier this year in which the justices narrowly allowed emergency abortions to resume while a lawsuit continues. At the time the Idaho case began, the state had an exception for the life, but not the health, of a woman.
Texas said its case is different, however, because the law provides some exceptions if a pregnant patient’s health is at risk.
Texas pointed to a state Supreme Court ruling that said doctors do not have to wait until a woman’s life is in immediate danger to provide an abortion legally. Doctors, though, have said the Texas law is dangerously vague, and a medical board has refused to list all the conditions that qualify for an exception.
A North Carolina appeals court on Friday blocked students and employees at the state's flagship public university from providing a digital identification produced by the school when voting to comply with a new photo ID mandate.
The decision by a three-judge panel of the intermediate-level Court of Appeals reverses at least temporarily last month's decision by the State Board of Elections that the mobile ID generated by the University of North Carolina at Chapel Hill met security and photo requirements in the law and could be used.
The Republican National Committee and state Republican Party sued to overturn the decision by the Democratic-majority board earlier this month, saying the law allows only physical ID cards to be approved. Superior Court Judge Keith Gregory last week denied a temporary restraining order to halt its use. The Republicans appealed.
Friday's order didn't include the names of the three judges who considered the Republicans' requests and who unanimously ordered the elections board not to accept the mobile UNC One Card for casting a ballot this fall. The court releases the judges' names later. Eleven of the court's 15 judges are registered Republicans.
The order also didn't give the legal reasoning to grant the GOP's requests, although it mentioned a board memo that otherwise prohibits other images of physical IDs — like those copied or photographed — from qualifying.
In court briefs, lawyers for the RNC and N.C. GOP said refusing to block the ID's use temporarily would upend the status quo for the November election — in which otherwise only physical cards are accepted — and could result in ineligible voters casting ballots through manipulating the electronic card.
North Carolina GOP spokesperson Matt Mercer said Friday's decision "will ensure election integrity and adherence to state law."
The Democratic National Committee and a UNC student group who joined the case said the board rightly determined that the digital ID met the requirements set in state law. The DNC attorneys wrote that preventing its use could confuse or even disenfranchise up to 40,000 people who work or attend the school so close to the election.
North Carolina is considered a presidential battleground state where statewide races are often close.
Friday's ruling could be appealed to the state Supreme Court. A lawyer for the DNC referred questions to a spokesperson for Kamala Harris' campaign who didn't immediately respond to a request for comment. A state board spokesperson also didn't immediately respond to a similar request.
Voters can still show photo IDs from several broad categories, including their driver's license, passport and military IDs. The board also has approved over 130 types of traditional student and employee IDs.
The mobile UNC One Card marked the first such ID posted from someone's smartphone that the board has approved. Only the mobile ID credentials on Apple phones qualified.
The mobile UNC One Card is now the default ID card issued on campus, although students and permanent employees can still obtain a physical card instead for a small fee. The school said recently it would create physical cards at no charge for those who received a digital ID but want the physical card for voting.
The Republican-dominated North Carolina legislature enacted a voter ID law in late 2018, but legal challenges prevented the mandate's implementation until municipal elections in 2023. Infrequent voters will meet the qualifications for the first time this fall. Voters who lack an ID can fill out an exception form.
Early in-person voting begins Oct. 17, and absentee ballots are now being distributed to those requesting them. Absentee voters also must provide a copy of an ID or fill out the exception form.
The highest courts in two states ruled differently Monday on efforts by Robert F. Kennedy Jr. to be removed from their presidential ballots, with a divided North Carolina Supreme Court affirming he should be omitted and the Michigan Supreme Court reversing a lower court decision and keeping him on.
Kennedy suspended his campaign more than two weeks ago and endorsed Republican nominee Donald Trump. The environmentalist and author has tried to get his name removed from ballots in several battleground states where the race between Trump and Democratic nominee Kamala Harris are expected to be close.
In Michigan, Kennedy sued Secretary of State Jocelyn Benson, a Democrat, on Aug. 30 in an attempt to remove his name from the ballot so as not to siphon votes away from Trump, who won Michigan by about 10,000 votes in 2016. Monday’s decision reverses an intermediate-level Court of Appeals ruling made Friday. It ensures that Kennedy’s name will appear on voters’ ballots in Michigan despite his withdrawal from the race.
The Michigan Supreme Court said in a brief order that Kennedy “has not shown an entitlement to this extraordinary relief.”
In North Carolina, the state Supreme Court ruled 4-3 to deny efforts by the State Board of Elections to have the justices consider overturning a Court of Appeals decision on Friday directing that Kennedy be removed from ballots. The Court of Appeals order had reversed a trial judge’s ruling the day before that upheld the State Board of Elections’ decision to keep Kennedy and running mate Nicole Shanahan on the ballot.
The Democratic majority on the elections board had rejected the request by We The People party of North Carolina — a recently certified party assembled to collect signatures for Kennedy’s candidacy — to withdraw Kennedy from the ballot. The board’s majority said it was impractical given actions already completed to begin ballot distribution, including printing and coding tabulation machines. Kennedy sued the next day.
A state law had required the first absentee ballots to be mailed or transmitted to voters who have already asked for them no later than 60 days before the general election, or last Friday. If it had occurred on time, North Carolina would have been the first state in the nation to distribute ballots for the Nov. 5 elections.
The North Carolina Supreme Court ruling means elections officials will have to reprint ballots without Kennedy and reassemble absentee ballot packets. Over 136,000 absentee ballot requests had been made as of late last week. More than 2.9 million absentee and in-person ballots with Kennedy’s name on them had already been printed, according to the state board. Counties must pay for reprinting costs.
Monday evening’s order, backed by four of the court’s five Republican justices, said it’s clear Kennedy resigned as a candidate and that a vote for him would not count.
New York’s highest court heard arguments Tuesday in a Republican challenge of a law that allows any registered voter to cast a mail-in ballot during the early voting period.
The case, which is led by Rep. Elise Stefanik and includes other lawmakers and the Republican National Committee, is part of a widespread GOP effort to tighten voting rules after the 2020 election.
Democrats approved the mail voting expansion law last year. The Republican challenge argues that it violates voting provisions in the state Constitution.
The hourlong arguments before the New York Court of Appeals in Albany hinged on technical readings of the Constitution, specifically whether certain passages would allow for the state Legislature to expand mail voting access.
At certain points in the hearing, judges quizzed attorneys on whether a constitutional provision that says eligible voters are entitled to vote “at every election” would mean a physical polling place or simply the election in general.
Michael Y. Hawrylchak, an attorney representing the Republicans, said that provision “presupposes a physical place” for in-person voting. Deputy Solicitor General Jeffrey W. Lang, who is representing the state, said the phrase “just refers to a process of selecting an office holder” and not any physical polling place.
Democrats first tried to expand mail voting through a constitutional amendment in 2021, but voters rejected the proposal after a campaign from conservatives who said it would lead to voter fraud.
Lower courts have dismissed the Republican lawsuit in decisions that said the Legislature has the constitutional authority to make rules on voting and the Constitution doesn’t require voting specifically to occur in person on election day.
It is unclear when the Court of Appeals will rule.
The Wisconsin Legislature’s Republican-controlled budget committee can’t legally block conservation projects initiated by Democratic Gov. Tony Evers’ administration, the state Supreme Court ruled Friday.
The decision marks a victory for Evers, whose relationship with Republican lawmakers has deteriorated since he took office in 2019, as well as environmentalists across the state.
“I’ve spent years working against near-constant Republican obstruction, and this historic decision rightfully resets constitutional checks and balances and restores separation of powers,” the governor said in a statement. “This decision is a victory for the people of Wisconsin, who expect and deserve their government to work — and work for them, not against them.”
The Legislature’s attorney, Misha Tseytlin, didn’t immediately respond to an email from The Associated Press seeking comment Friday morning.
The court ruled 6-1 that provisions that require the Joint Finance Committee to unilaterally block projects and land acquisitions funded with money from the Knowles-Nelson Stewardship Program violate the separation of powers between the legislative and executive branches.
The Legislature gave the executive branch the power to distribute stewardship money when it established the program, Justice Rebecca Bradley wrote in the majority opinion. Once that power was conferred, lawmakers lacked authority to reject decisions on how to spend the money short of rewriting spending laws, she wrote.
The Legislature created the stewardship program in 1989. The state Department of Natural Resources uses money from the program to fund grants to local governments and nongovernmental organizations for environmental projects. The gubernatorial cabinet agency also uses money from the program to acquire land for conservation and public use. The Legislature has currently authorized the agency to spend up to $33.2 million in each fiscal year through 2025-26 for land acquisition, according to court documents.
The Supreme Court on Friday struck down a Trump-era ban on bump stocks, the rapid-fire gun accessories used in the deadliest mass shooting in modern U.S. history, in a ruling that threw firearms back into the nation’s political spotlight.
The high court’s conservative majority found that the Trump administration overstepped when it changed course from predecessors and banned bump stocks, which allow a rate of fire comparable to machine guns. The decision came after a gunman in Las Vegas attacked a country music festival with semiautomatic rifles equipped with the accessories.
The gunman fired more than 1,000 rounds into the crowd in 11 minutes, sending thousands of people fleeing in terror as hundreds were wounded and dozens killed.
The ruling thrust guns back into the center of the political conversation with an unusual twist as Democrats decried the reversal of a GOP administration’s action and many Republicans backed the ruling.
The 6-3 majority opinion written by Justice Clarence Thomas found the Justice Department was wrong to declare that bump stocks transformed semiautomatic rifles into illegal machine guns because, he wrote, each trigger depression in rapid succession still only releases one shot.
The ruling reinforced the limits of executive reach and two justices — conservative Samuel Alito and liberal Sonia Sotomayor — separately highlighted how action in Congress could potentially provide a more lasting policy, if there was political will to act in a bipartisan fashion.
Originally, imposing a ban through regulation rather than legislation during Donald Trump’s presidency took pressure off Republicans to act following the massacre and another mass shooting at a high school in Parkland, Florida. Prospects for passing gun restrictions in the current divided Congress are dim.
President Joe Biden, who supports gun restrictions, called on Congress to reinstate the ban imposed under his political foe. Trump’s campaign team meanwhile, expressed respect for the ruling before quickly pivoting to his endorsement by the National Rifle Association.
As Trump courts gun owners while running to retake the presidency, he has appeared to play down his own administration’s actions on bump stocks, telling NRA members in February that “nothing happened” on guns during his presidency despite “great pressure.” He told the group that if he is elected again, “No one will lay a finger on your firearms.”
The 2017 mass shooting in Las Vegas was carried out by a high-stakes gambler who killed himself, leaving his exact motive a mystery. A total of 60 people were killed in the shooting, including Christiana Duarte, whose family called Friday’s ruling tragic.
President Joe Biden said that he would not supply offensive weapons that Israel could use to launch an all-out assault on Rafah — the last major Hamas stronghold in Gaza — over concern for the well-being of the more than 1 million civilians sheltering there.
Biden, in an interview with CNN on Wednesday, said that the U.S. was still committed to Israel’s defense and would supply Iron Dome rocket interceptors and other defensive arms but that if Israel goes into Rafah, “we’re not going to supply the weapons and artillery shells used.”
Biden acknowledged that “civilians have been killed in Gaza” by the type of heavy bombs that the U.S. has been supplying -- his first validation of what administration critics have been loudly protesting, even if he still stopped short of taking responsibility. His threat to hold up artillery shells expanded on earlier revelations that the U.S. was going to pause a shipment of heavy bombs.
The U.S. has historically provided enormous amounts of military aid to Israel. That has only accelerated in the aftermath of Hamas’ Oct. 7 attack, which killed some 1,200 people in Israel and led to about 250 being taken captive by militants. Biden’s comments and his decision last week to pause the shipment of heavy bombs to Israel are the most striking manifestations of the growing daylight between his administration and Israel Prime Minister Benjamin Netanyahu’s government. Biden said Wednesday that Israel’s actions around Rafah had “not yet” crossed his red lines, but has repeated that Israel needs to do far more to protect the lives of civilians in Gaza.
The shipment was supposed to consist of 1,800 2,000-pound (900-kilogram) bombs and 1,700 500-pound (225-kilogram) bombs, according to a senior U.S. administration official who spoke on the condition of anonymity to discuss the sensitive matter. The focus of U.S. concern was the larger explosives and how they could be used in a dense urban area.