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In June 2022, a conservative Supreme Court majority ruled that abortion restrictions resided with the states. On Tuesday, abortion made its way back before the justices in a case challenging access to a widely used abortion drug. Most justices sounded ready to reject an appeal to broadly limit patients’ and physicians’ access to mifepristone, a medication deemed safe by the Food and Drug Administration.
Justices questioned whether the plaintiffs, who do not prescribe abortion pills or regularly treat abortion patients, had legal standing to assert harm. A ruling is expected in June. Conservative Justices Samuel Alito and Clarence Thomas may be in a minority in their support of the anti-abortion challengers, based on their questioning.
They appeared to pave a path for a future Republican administration to turn to a 151-year-old law, the Comstock Act, to block the mailing of all abortion-related drugs and materials and to effectively ban most abortions nationwide.
Even if the high court’s majority rules in favor of continued broad access to abortion pills, use of the medication for abortion will remain illegal in 14 states that have adopted near-total bans. In those states, there is no legal distinction between pregnancies terminated using surgical procedures or medication.
Court-based abortion battles are far from over, and in a presidential election year, President Biden and Democrats believe they have the upper hand in the political debate. They champion nationwide reproductive rights, criticize “extremist” state laws and focus on the health-related repercussions for women and even children who face risky pregnancies, including as a result of rape or incest.
Former President Trump recently suggested he would ban abortions at 15 weeks, a detail some in his party had hoped he might blur based on evidence that the issue mobilizes Democrats and some independent voters, while most Republicans, even if they self-identify as “pro-life,” say abortion should remain legal under certain circumstances.
Trump has not commented on the Comstock Act.
“If a future president were to enforce these federal statutes, then they could shut down every abortion facility in America,” Mark Lee Dickson, an anti-abortion activist, told The Washington Post last year.
👉 Meet law professor Erin Hawley, wife of Sen. Josh Hawley (R-Mo.), who argued against mifepristone before the Supreme Court while representing the Alliance for Hippocratic Medicine (The New York Times).
3 THINGS TO KNOW TODAY:
▪ About 20 U.S. business executives met today in Beijing with President Xi Jinping as China attempts to woo international investment to boost growth. Among invitees: Stephen Schwarzman, co-founder and CEO of private equity firm Blackstone, Raj Subramaniam, head of FedEx, and Qualcomm’s Cristiano Amon.
▪ 🍀Someone who bought a ticket in New Jersey won a $1.12 billion Mega Millions jackpot Tuesday.
▪ ✂️ NBC News parted company Tuesday with paid GOP commentator Ronna McDaniel, the former chair of the Republican National Committee, just days after NBC employees said her hiring was a mistake based on her record of circulating disinformation favored by Trump.
LEADING THE DAY
© The Associated Press / Steve Helber | Authorities are still searching for at least six construction workers after a container ship crashed into Baltimore’s Francis Scott Key Bridge on Tuesday.
INFRASTRUCTURE
THE SEARCH IS RESUMING this morning for six construction workers, presumed dead, who plunged into the fast-moving Patapsco River after a cargo ship crashed into Baltimore’s Francis Scott Key Bridge early Tuesday morning. The cargo ship Dali struck a bridge support after losing power, causing the steel structure to collapse. Two people were rescued.
The Port of Baltimore will be closed for an unknown period and vehicular traffic will be affected until the destroyed span can be rebuilt, Maryland officials said Tuesday. Biden plans to visit Baltimore soon and pledged that the federal government with help from Congress will pay for the new structure (The Hill).
“This is going to take some time, but the people of Baltimore can count on us though to stick with them at every step of the way until the port is reopen and the bridge is rebuilt,” the president said Tuesday.
CNN: Here’s what we know about the six missing construction workers.
Maryland Gov. Wes Moore (D) said the ship’s crew notified authorities early Tuesday of a mayday caused by a “power issue.” The alert enabled transportation officials to race to halt pre-dawn traffic traveling over the bridge (NBC News and The Baltimore Banner).
“They saved lives,” Moore said.
The National Transportation Safety Board (NTSB) is leading the investigation with support from the U.S. Coast Guard, Chair Jennifer Homendy told reporters. The NTSB will begin its probe once search-and-rescue efforts by the Coast Guard conclude. NTSB was “made aware” of reported power failures on the cargo ship, Homendy said, but investigators must “verify” whether it was a contributing factor (The Baltimore Sun).
▪ CBS News: What we know about the condition of Baltimore’s bridge and how a collapse could happen.
▪ The New York Times: Bridge repairs after a collapse can take years.
▪ The Washington Post analysis: The event is a reminder of the scale of U.S. infrastructure.
▪ Axios: Online conspiracy theories surged following the bridge disaster.
EASTERN SEABOARD PORTS will accept shipments of goods rerouted from the Port of Baltimore following the bridge collapse. Port officials and private-sector distributors told The Hill that plans to divert cargo shipments are in the works. Multiple East Coast ports said Tuesday they can absorb additional shipments. The Port of Baltimore said that while no ships are currently moving through its facilities, the port is still operational and that trucks are in and out of terminals.
“I don’t think we’ll have a large impact in terms of logistics and shipping moving forward,” said Brent Howard, president of the Baltimore County Chamber of Commerce.
WHERE AND WHEN
The House will meet for a pro forma session Friday at noon.
The Senate will hold a pro forma session Thursday at 10 a.m.
President Biden will receive the President’s Daily Brief at 10 a.m.
Vice President Harris will speak to the news media about artificial intelligence at 12:15 p.m. She will host a Women’s History Month reception at 5 p.m. at the vice president’s residence.
Treasury Secretary Janet Yellen will travel to Norcross, Ga., to tour the Suniva solar cell manufacturing plant, which is reopening this spring, and to deliver remarks at 2:30 p.m.
First lady Jill Biden will convene insurance, health plan and association executives at 11:30 a.m. in the Roosevelt Room to highlight new commitments aimed at helping patients and their families navigate health care treatments for cancer and other serious illnesses.
Second gentleman Doug Emhoff heads to Miami to speak at 11 a.m. about nutrition and physical fitness with the U.S. Tennis Association during the Miami Open. It’s part of the White House Challenge to End Hunger and Build Healthy Communities. He’ll be accompanied by Cindy Long, administrator of the Food and Nutrition Service at the Agriculture Department, and J. Nadine Gracia, member of the President’s Council on Sports, Fitness and Nutrition and president and CEO of the nonprofit Trust for America’s Health. Emhoff has two other stops in Miami.
The White House daily press briefing is scheduled at 1 p.m.
ZOOM IN
© The Associated Press / AP photo | President Biden and former President Trump, each pictured in 2023.
POLITICS
TRUMP’S COURTROOM-FOCUSED CAMPAIGN to return to the White House next year will be on display next month as he makes history as a former president contesting criminal allegations that he engaged as a candidate in a hush money scheme to mask an affair with a porn star, The Hill’s Brett Samuels reports. Trump, who denies the charges, will try to juggle his legal troubles in New York with appeals to voters in a handful of swing states where the presidential election will be won or lost.
“A typical candidate wouldn’t cherish a court appearance in the middle of their presidential bid, but Donald Trump isn’t a typical candidate,” said Dan Eberhart, a Republican donor who initially backed Florida Gov. Ron DeSantis (R) but has since urged the party to unite behind Trump. “Voters are long past being surprised by anything that happens around Trump. There’s no longer an October surprise in Trump world. His supporters know who Trump is, and I can’t think of much that he could do to change that.”
Meanwhile, the New York judge overseeing Trump’s hush money trial imposed a gag order on Trump on Tuesday, preventing him from attacking jurors and court staff as his trial approaches. Judge Juan Merchan’s order still enables Trump to publicly attack the judge and Manhattan District Attorney Alvin Bragg (D) (The Hill).
MAGA-aligned populists such as Bernie Moreno in Ohio and Kari Lake in Arizona — two possible GOP Senate pickups — and establishment-aligned candidates such as Larry Hogan in Maryland, Tim Sheehy in Montana and Jim Justice in West Virginia reflect the variety of Republican Party candidates this year. The outcome of these races will affect the upper chamber’s majority next year, the tilt of the GOP Senate leadership and relations with the next president, The Hill’s Alexander Bolton reports.
A rollicking week in New Jersey has left Rep. Andy Kim (D-N.J.) as the last person standing in the Democratic primary, likely cementing him as the state’s next senator after an insurgent bid that has directly taken on and overcome the New Jersey Democratic machine. The Hill’s Al Weaver writes the three-term House member has had great success railing against the Democratic apparatus in the state, which has essentially controlled all levels of politics, from statewide to county and local races.
“I like to joke that if people have this perception in their mind of a so-called political machine, Andy looks and sounds like the exact opposite of that perception,” said Rep. Brendan Boyle (D-Pa.), a friend of Kim’s whose North Philadelphia district borders Burlington County. “Given the unique circumstances around this Senate seat, Andy looking and sounding like a nice, well-meaning guy who is honest and sincere — that contrast helps him a great deal.”
2024 ROUNDUP:
▪ As his running mate, independent presidential candidate Robert F. Kennedy Jr. selected wealthy San Francisco lawyer Nicole Shanahan, 38, a Kennedy donor ($4 million to a super PAC backing him) and first-time candidate. In her address Tuesday, Shanahan, who has described herself as a progressive “through and through,” railed against the Democratic Party, saying it “has lost its way.” She has said she initially soured on Kennedy after he pulled out of the Democratic primary to run as an independent, but swung back into his camp at the beginning of the year. She previously contributed to Biden’s 2020 campaign and Hillary Clinton’s presidential bid in 2016, among others. Here are 55 things to know about the rags-to-riches philanthropist, courtesy of Politico Magazine.
▪ Democrats are stepping up their criticism of Kennedy and Shanahan, arguing the duo’s bid for the White House will benefit the Trump ticket.
▪ Democrat Marilyn Lands defeated Republican Teddy Powell Tuesday for an Alabama state House seat previously held by a Republican. She made in vitro fertilization and abortion rights centerpieces of her campaign in a state with a near-total ban on abortion. The Biden campaign said in a statement that Lands’ victory “should serve as a major warning sign for Trump: voters will not stand for his attacks on reproductive health care. This November will be no different.”
▪ Arizona election workers and public officials are still wrestling with threats and harassment in the wake of 2020’s election misinformation, according to the top federal prosecutor in the state.
▪ Biden’s campaign is taking on Trump’s legal troubles after months of silence.
▪ Republican Gov. Kristi Noem of South Dakota is under a spotlight as a potential VP pick. The Wall Street Journal reports on scrutiny the 52-year-old has attracted, from her policies to her teeth.
ELSEWHERE
© The Associated Press / Ohad Zwigenberg | A rift is growing between Israeli Prime Minister Benjamin Netanyahu and the Biden administration over the plight of Palestinians in Gaza, efforts to secure a cease-fire and remaining hostages.
INTERNATIONAL
BIDEN-NETANYAHU RIFT: Israel has called its negotiations team back from Qatar after 10 days of talks over a possible hostage and cease-fire deal reached a dead end, sparking a blame game between the U.S. and Israel and adding to worsening relations between Israeli Prime Minister Benjamin Netanyahu and the White House.
U.S. officials, working with Qatari and Egyptian mediators, had pushed hard in recent days for a deal, stressing it is the only way to reach a six-week cease-fire in Gaza.
After the Israeli negotiations team was called back, Netanyahu’s office issued a statement blaming Hamas for the deadlock. It also said the Biden administration’s decision not to veto a Monday United Nations Security Council resolution calling for a cease-fire and the release of hostages led to Hamas hardening its position (Axios).
The White House sees the public rift with Israel as an artificial crisis manufactured by Netanyahu for domestic political reasons, three U.S. officials told Axios. Following the Security Council resolution, Netanyahu abruptly canceled a high-level delegation’s trip to Washington, specifically requested by Biden, to discuss U.S. concerns about Israel’s plans for a major military operation in Rafah (The Washington Post).
“We’re kind of perplexed by this,” National Security Council spokesperson John Kirby said, reiterating that the abstention from the U.N. vote did not represent a change in policy. “It seems like the prime minister’s office is choosing to create a perception of daylight here when they don’t need to do that.”
The Israeli military pressed on with its bombardment of Gaza on Tuesday, signaling that the U.N. resolution calling for a cease-fire for the holy month of Ramadan the day before had not shaken its determination to keep fighting (The New York Times).
▪ The New York Times: In Washington this week, Israel’s defense minister seeks to shore up U.S. support as tension between the allies heightens.
▪ The Washington Post: Hamas has been “dismantled” but not destroyed, the IDF says, as the war in Gaza enters a new phase.
▪ Reuters: A U.N. expert told the global body’s Human Rights Council on Tuesday that she believed that Israel’s military campaign in Gaza since Oct. 7 amounted to genocide. Israel, which did not attend the session, rejected her findings.
The director of Russia’s most powerful security agency said Tuesday that he believed Ukraine, along with the U.S. and the United Kingdom, were involved in the attack on a concert hall just outside Moscow that killed at least 139 people last week. Ukraine, which has repeatedly denied any link with the attack, dismissed the Russian accusations. Britain said they were “utter nonsense.” ISIS-K has claimed responsibility for the mass shooting (Reuters).
NBC News: A Moscow court on Tuesday ordered Wall Street Journal reporter Evan Gershkovich to remain in jail on espionage charges until at least late June. He has been held in custody for more than a year.
OPINION
■ A bridge collapses, and a vital port expires, by Will Englund, guest essayist, The Washington Post.
■ The cosmic ineptitude of House Republicans’ Biden impeachment inquiry, by former federal prosecutor Gregory J. Wallance, opinion contributor, The Hill.
THE CLOSER
© The Associated Press / Timothy D. Easley | A total solar eclipse in 2017 over Kentucky.
And finally … Americans are moving closer to solar eclipse mania, or risks of blindness, or perhaps just a closer kinship with the universe. It’s time to prepare for April 8 (not to be mistaken for April 1. Hmmm).
You may not get a chance to see a total solar eclipse for another two decades, which means you need to research the best viewing locations, how well the event can be seen from your location and what you should do for the duration of the four-and-a-half-minute descent of darkness as it stretches around the globe (The Washington Post).
“Space brings us together,” NASA Administrator Bill Nelson, a former astronaut and former Florida senator, said during a Tuesday briefing.
T-shirts to come.
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