abortion

Supreme Court, over two dissents, upholds abortion pills sent by mail, for now

The Supreme Court on Thursday rejected an antiabortion challenge to federal regulations that permit sending pills through the mail once a patient has consulted a doctor online.

The justices granted an emergency appeal from the makers of mifepristone and set aside an order from a U.S. appeals court in Louisiana that would have made it illegal to send or receive the medication by mail.

Justices Clarence Thomas and Samuel A. Alito Jr. dissented.

“The court’s unreasoned order granting stays in this case is remarkable,” Alito wrote. “What is at stake is the perpetration of a scheme to undermine our decision in Dobbs v. Jackson Women’s Health Organization, which restored the right of each State to decide how to regulate abortions within its borders.”

The decision is a setback for abortion opponents, including Louisiana Atty. Gen. Liz Murrill, who sued and argued that her state’s ban on abortion has been thwarted by abortion pills sent by mail.

Thursday’s order preserves access to the medication under the current rules, but it is not a final decision.

The case will now return to the 5th Circuit Court in New Orleans for further review.

“Today’s ruling buys time, but no peace of mind,” said Nancy Northup, president of the Center for Reproductive Rights. “Mifepristone access remains highly at risk as this case moves forward and the Trump administration conducts a politically motivated review of this pill with the hardly disguised aim of making it harder to get.”

National Right to Life expressed deep disappointment.

“Women facing unexpected pregnancies deserve real medical care and support, not a one-size-fits-all mail-order abortion system that minimizes risks and leaves women isolated during medical emergencies,” said Carol Tobias, the group’s president.

The legal dispute has put the Trump administration in a politically awkward spot.

Critics of abortion, including Republican attorneys general from 23 states, argued that the regulations adopted during the Biden administration have thwarted their state laws and allowed patients to obtain medication from doctors in California and New York.

But the Trump administration has shown no urgency to change the regulations that allow for dispensing the pills by mail.

Alito, who spoke at the 5th Circuit a week ago, said he agreed with the state’s argument.

“Louisiana’s efforts have been thwarted by certain medical providers, private organizations, and States that abhor laws like Louisiana’s and seek to undermine their enforcement,” he wrote. “These medical providers and private organizations have developed an operation enabling women in Louisiana and other States that restrict abortions to place an online order for a pill called mifepristone that induces abortion.”

Thomas said abortion is a crime in Louisiana.

The makers of the abortion pills have no grounds to sue “based on lost profits from their criminal enterprise. They cannot, in any legally relevant sense, be irreparably harmed by a court order that makes it more difficult for them to commit crimes.”

But most of the court’s conservatives refused to go along, even though they had voted to overturn the constitutional right to abortion.

Chief Justice John G. Roberts and Justices Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett refused to block the current regulations on a fast-track appeal.

Two years ago, the court handed down a similar decision involving abortion pills and the 5th Circuit Court.

The justices overturned a 5th Circuit ruling on the grounds that the antiabortion doctors who sued had no standing because they did not prescribe or use the medication.

In 2000, the FDA approved the use of mifepristone as safe and effective for ending an early pregnancy or treating a miscarriage. It is used in combination with a second drug misoprostol, which induces cramping.

Since 2016, the FDA has relaxed regulations on its use. They include a requirement that women obtain the pills directly from a doctor or a medical clinic. However, it was understood the medication would be taken later at home.

The agency temporarily suspended this rule in 2021 in response to the COVID-19 pandemic, then lifted it entirely in 2023.

Medication abortions now account for almost two-thirds of abortions in the United States, and telehealth is used in 27% of abortions nationwide. Last year, in response to abortion opponents, the Trump administration agreed to review the safety record of mifepristone.

“Mifepristone is one of the safest and most well-studied drugs on the market,” said Dr. Camille A. Clare, president of the American College of Obstetricians & Gynecologists. “The FDA removed the in-person dispensing requirement after careful evaluation of the data because mifepristone is safe and effective even when distributed by mail.”

But the Louisiana attorney general decided to sue in federal court without waiting for the FDA.

She argued that the mailing of abortion medication, which was approved under the Biden administration, was undermining her state’s strict ban on abortions.

A federal judge in Louisiana said the state appeared to have a strong claim, but he decided not to rule on it until the FDA completed its review.

The 5th Circuit Court of Appeals responded a few days later by ruling the FDA erred by relaxing its regulations to allow for dispensing the pills by mail. The three-judge panel then put its ruling into effect immediately on May 1.

Abortion law experts called out the decision as extreme and unusual.

“To our knowledge, no court has ever ordered the FDA to reimpose on a drug a safety rule the agency has thoroughly studied and deemed unnecessary,” said Melissa Goodman, executive director of UCLA’s Center for Reproductive Health, Law and Policy.

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Supreme Court temporarily extends access to a widely used abortion pill

The Supreme Court is leaving access to a widely used abortion pill untouched until at least Thursday, while the justices consider whether to allow restrictions on the drug, mifepristone, to take effect.

Justice Samuel A. Alito Jr.’s order Monday allows women seeking abortions to continue obtaining the pill at pharmacies or through the mail, without an in-person visit to a doctor. It prevents restrictions on mifepristone imposed by a federal appeals court from taking effect for the time being.

The court is dealing with its latest abortion controversy four years after its conservative majority overturned Roe vs. Wade and allowed more than a dozen states to effectively ban abortion outright.

The case before the court stems from a lawsuit Louisiana filed to roll back the Food and Drug Administration’s rules on how mifepristone can be prescribed. The state claims the policy undermines the ban there, and it questions the safety of the drug, which was first approved in 2000 and has repeatedly been deemed safe and effective by FDA scientists.

Lower courts concluded that Louisiana is likely to prevail, and a three-judge panel of the U.S. 5th Circuit Court of Appeals ruled that mail access and telehealth visits should be suspended while the case plays out.

The drug is most often used for abortion in combination with another drug, misoprostol. Medication abortions accounted for nearly two-thirds of all abortions in the U.S. in 2023, the last year for which statistics are available.

The current dispute is similar to one that reached the court three years ago.

Lower courts then also sought to restrict access to mifepristone, in a case brought by physicians who oppose abortion. They filed suit in the months after the court overturned Roe.

The Supreme Court blocked the 5th Circuit ruling from taking effect over the dissenting votes of Alito and Justice Clarence Thomas. Then, in 2024, the high court unanimously dismissed the doctors’ suit, reasoning they did not have the legal right, or standing, to sue.

In the current dispute, mainstream medical groups, the pharmaceutical industry and Democratic members of Congress have weighed in cautioning the court against limiting access to the drug. Pharmaceutical companies said a ruling for abortion opponents would upend the drug approval process.

The FDA has eased a number of restrictions initially placed on the drug, including who can prescribe it, how it is dispensed and what kinds of safety complications must be reported.

Despite those determinations, abortion opponents have been challenging the safety of mifepristone for more than 25 years. They have filed a series of petitions and lawsuits against the agency, generally alleging that it violated federal law by overlooking safety issues with the pill.

President Trump’s administration has been unusually quiet at the Supreme Court. It declined to file a written brief recommending what the court should do, even though federal regulations are at issue.

The case puts Trump’s Republican administration in a difficult place. Trump has relied on the political support of antiabortion groups but has also seen ballot question and poll results that show Americans generally support abortion rights.

Both sides took the silence as an implicit endorsement of the appellate ruling. Alito is both the justice in charge of handling emergency appeals from Louisiana and the author of the 2022 decision that declared abortion is not a constitutional right and returned the issue to the states.

Sherman, Mulvihill and Perrone write for the Associated Press. Mulvihill reported from Haddonfield, N.J.

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California abortion pill suppliers ready with Supreme Court workaround

The last time the Supreme Court threatened to end access to the country’s most popular abortion method, California’s network of online providers and their pharmaceutical suppliers scrambled to respond.

Now, with the fate of the cocktail used in roughly two-thirds of U.S. terminations once again in the balance, they’re not even breaking a sweat.

Dr. Michele Gomez, co-founder of the MYA Network, a consortium of virtual reproductive healthcare providers, said the supply chain is “ready to switch in a day” to an alternative drug combination.

“It’s not going away and it’s not going to slow down,” Gomez said.

On May 1, the 5th U.S. Circuit Court of Appeals ruled to block the drug mifepristone from being prescribed virtually and shipped through the mail, making such deliveries illegal across the country. On Monday, the Supreme Court stayed that decision, allowing prescriptions to resume until the court issues an emergency ruling next week.

Mifepristone is the first half of a two-drug protocol for medication abortion, which made up 63% of all legal abortions in the U.S. in 2023.

Between a quarter and a third of those abortions are now prescribed by healthcare providers over the internet and delivered by mail — a path Louisiana and other ban states are fighting to bar.

“Abortion access has gone up with all the telehealth providers,” Gomez said. “We uncovered an unmet need.”

But the cocktail’s second ingredient, misoprostol, can be used to produce abortion on its own — a method that’s often more painful and slightly less effective.

It would be easy for suppliers to switch to a misoprostol-only protocol — and much harder for courts to block it, experts said.

“We heard about this on Friday and organizations that mail pills were mailing misoprostol on Saturday,” Gomez said. “They already knew what to do.”

After the Supreme Court overturned Roe vs. Wade in 2022, California became one of the first states to enshrine abortion rights for residents in its Constitution and legislate protection for clinicians who prescribe abortion pills to women in states with bans.

Last fall, legislators in Sacramento expanded those protections by allowing pills to be mailed without either the doctor or the patient’s name attached.

But cases like the one being decided next week could still sharply limit abortion rights even in states with extensive legal protections, experts warned.

Even though California has built a fortress around its own constitutional protections of reproductive freedom, those [protections] become vulnerable to the whims of antiabortion states if the Supreme Court gives those states their imprimatur,” said Michele Goodwin, professor at Georgetown Law and an expert on reproductive justice.

Coral Alonso sings in Spanish as protesters rally on the three-year anniversary of the decision overturning Roe vs. Wade.

Coral Alonso sings in Spanish as protesters rally on the three-year anniversary of the U.S. Supreme Court decision overturning Roe vs. Wade on June 24, 2025, in Los Angeles. The ruling ended the federal right to legal abortion in the United States.

(David McNew / Getty Images)

Legal experts are split over how the justices will decide the medication’s mail-order fate.

“This is a case where law clearly won’t matter,” Eric J. Segall, a law professor at Georgia State University and an expert on the Supreme Court.

“In a very important midterm election year, I think there’s at least two Republicans on the court who will decide that upholding the 5th Circuit would really hurt the Republicans at the polls,” he said. “If women can’t get this by mail in California or other blue states where abortion is legal, it’s going to have devastating consequences, and I think the court knows that.”

But he and others believe it’s no longer a matter of if — but when and how — the drugs are restricted, including in California.

“This is curating a backdrop for a legal showdown that may surely come,” Goodwin said.

The court’s most conservative justices could find grounds to act in the long-forgotten Comstock Act of 1873. The brainchild of America’s zealously anti-porn postmaster Anthony Comstock, the law not only banned the mailing of the “Birth of Venus” and “Lady Chatterley’s Lover,” but also condoms, diaphragms and any drug, tool or text that could be used to produce an abortion.

Though it hasn’t been enforced since the 1970s, the antiabortion provision of the law remains on the books, experts said.

“The next move is with the Comstock Act, which Justices Alito and Thomas have already been hinting at,” Goodwin said. “In that case, it’s like playing Monopoly — we could skip mifepristone and go straight to contraception. The goal is to make sure none of that gets to be in the mail.”

That move would upend how Americans get both abortions and birth control, and put an unassuming L.A. County pharmacy squarely in the government’s crosshairs.

Although doctors in nearly two dozen states can safely prescribe medication abortion to women anywhere in the U.S., only a handful of specialty pharmacies actually fill those mail orders, Gomez explained. Among the largest is Honeybee in Culver City, which did not reply to requests for comment.

Even if the justices don’t reach for Comstock, a decision in Louisiana’s favor next week could create a two-tiered system of abortion across California and other blue states, experts said.

“The people this case hurts the most are the poor and the rural,” said Segall, the Supreme Court expert.

National data show that abortion patients are disproportionately poor. Most are also already mothers. Losing mail access to mifepristone would leave many with the more painful, less effective option while those with the time and means to reach a clinic continue to get the gold standard of care.

“There are fundamental questions of citizenship at the heart of this,” said Goodwin, the constitutional scholar. “Under the 14th Amendment, women are supposed to have equality, citizenship, liberty. It’s as though the Supreme Court has taken a black marker and pressed it against all of those words.”

For Gomez and other providers, that’s tomorrow’s problem.

“The lawyers and the politicians are just going to do their thing,” the doctor said. “The healthcare providers are just trying to get medications to people who need them.”

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Abortion Foes Call Bush’s Dred Scott Reference Perfectly Clear

President Bush left many viewers mystified last week when, answering a question in his debate with Democratic challenger John F. Kerry, he invoked the 1857 Dred Scott decision that upheld slavery.

The answer seemed to be reaching far back in history to answer the question about what kind of Supreme Court justice Bush would appoint. But to Christian conservatives who have long viewed the Scott decision as a parallel to the 1973 Roe vs. Wade ruling legalizing abortion, the president’s historical reference was perfectly logical — and his message was clear.

Bush, some felt, was giving a subtle nod to the belief of abortion foes, including Supreme Court Justice Antonin Scalia, that just as the high court denied rights to blacks in the Scott case it also shirked the rights of the unborn in Roe, which many conservatives call the Dred Scott case of the modern era.

“It was a poignant moment, a very special gourmet, filet mignon dinner,” said the Rev. Louis P. Sheldon, chairman of the Traditional Values Coalition, a prominent conservative advocacy group based in Washington. “Everyone knows the Dred Scott decision and you don’t have to stretch your mind at all. When he said that, it made it very clear that the ’73 decision was faulty because what it said was that unborn persons in a legal sense have no civil rights.”

Sheldon, who said he confers frequently with Bush and his senior campaign advisors on outreach to religious conservatives, though not in this instance, credited the use of Dred Scott with raising the abortion issue to “a very high level” and “back to the front burner.”

“It didn’t just slip out by accident,” Sheldon said.

Douglas Kmiec, a Pepperdine University constitutional law professor who served as a lawyer in the Reagan and first Bush administrations, said the reference instantly struck him for its appeal to abortion opponents, advocates for judicial restraint and even civil rights advocates who regard the Scott case as the court’s all-time worst moment.

“I thought it had so many constituencies that could applaud that comment; it was one of the most intelligent things that I heard in the debate,” he said.

Bush’s remark Friday came after a questioner in the St. Louis debate — which occurred just miles from the courthouse where Scott filed his lawsuit seeking his freedom — asked whom he might appoint to the court should there be a vacancy.

Kerry and other Democrats, looking to mobilize their base, have warned that Bush would fill vacancies with judges who would overturn Roe. Bush has often said that he believes in appointing justices who would not legislate from the bench.

He repeated that refrain Friday night but did not mention abortion in his answer. Instead, he pointed to Dred Scott as an example of a court action he found objectionable, along with another favorite citation of religious conservatives: the 9th Circuit Court of Appeal’s ruling that the reference to God in the Pledge of Allegiance was unconstitutional.

“Another example would be the Dred Scott case, which is where judges years ago said that the Constitution allowed slavery because of personal property rights,” Bush said. “That’s a personal opinion. That’s not what the Constitution says. The Constitution of the United States says we’re all — you know, it doesn’t say that. It doesn’t speak to the equality of America.”

That answer left many wondering what he meant.

Bush campaign spokesman Scott Stanzel said Tuesday that the president did not intend to draw a parallel between the slavery and abortion cases, but that he was merely giving voters an example of a case in which he felt the court erred.

But Bush has a history of using language with special meaning to religious conservatives, a critical portion of his base that senior strategists have said will assure his reelection only if they turn out in larger numbers than in 2000.

Bush himself is an evangelical Christian, and his speeches are frequently sprinkled with phrases that sound merely poetic to many, but to others sound a more spiritual theme.

His reference in many campaign speeches to his belief in a “culture of life” often draws the loudest applause from his largely conservative audiences.

In his State of the Union this year, he spoke of the nation’s “grace to go on” despite its grief over terrorist attacks, and in a subtle reference to religious texts that refer to divine service as a time “set apart,” he said: “Having come this far, we sense that we live in a time set apart.”

Activists and legal scholars on both sides of the abortion debate said Tuesday they believed the president was sending a signal to that base.

Bush, who opposes abortion, has walked a careful line on the issue in a campaign in which women make up a large portion of undecided voters. Abortion has been overshadowed this year in the culture wars by gay marriage, but activists say it remains a motivating force for many.

Polls show a majority favor abortion rights. Critics say the Dred Scott reference was an attempt by Bush to make his point without alienating moderates who might decide the election.

“The minute he said it, I said to myself, ‘Here he goes,’ ” said Eleanor Smeal, president of the Feminist Majority. “He’s not going to say to anybody that he would pick a Supreme Court justice that’s opposed to Roe vs. Wade because he’s afraid that would cost him. So he’s trying to keep his base riled up in a way that won’t offend moderate women.”

Harvard University law professor Laurence Tribe, a Bush critic who has written extensively about the abortion debate, said Bush was signaling that he believed there was a direct parallel between women who would abort a fetus and slave masters of the 19th century.

Tribe pointed to Scalia’s dissent to a 1992 ruling that upheld Roe, in which the justice drew the parallel. Scalia wrote that both cases focused on issues of “life and death, freedom and subjugation.”

“He’s talking in code, but it’s not obscure code,” Tribe said of Bush. “This has been a fixture in the talking points of the religious right for years.”

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Louisiana urges Supreme Court to block abortion pills sent by mail

Louisiana’s state attorneys on Thursday urged the Supreme Court to stand aside for now and to uphold an appeals court ruling that would stop the mailing of abortion pills nationwide.

They blamed former President Biden for undermining the state’s strict bans on abortion and the Trump administration for slow-walking a study on the federal regulations that permit sending the pills through the mail.

The justices are likely to act soon on emergency appeals filed by two makers of mifepristone. They argued the pills have been shown to be safe and effective for ending an early pregnancy.

But last week, the conservative 5th Circuit Court of Appeals in New Orleans ruled for Louisiana and revived an earlier regulation that would require women to obtain the pills in person from a doctor.

The three-judge panel also took the unusual step for putting its order into effect immediately. On Monday, Justice Samuel A. Alito, who oversees the 5th Circuit, issued an administrative stay that will keep the case on hold through Monday.

The justices have to decide whether Louisiana had standing to sue over the federal drug regulations, and if so, whether judges have the authority to overrule the Food and Drug Administration.

Two years ago, the Supreme Court by a 9-0 vote dismissed a similar challenge to the abortion pills that came from the 5th Circuit. And Chief Justice John G. Roberts has said in the past that judges should usually defer to the federal agency that is responsible fo regulating drugs.

In response to anti-abortion advocates, Trump’s Health and Human Services Secretary Robert F. Kennedy Jr. agreed to have the FDA review the safety record of mifepristone.

It was approved in 2000 as safe and effective for ending early pregnancies. And in the past decade, the agency had relaxed earlier restrictions, including a requirement that pregnant women visit a doctor’s office to obtain the pills.

But the FDA said last month its review is far from complete.

In October, Louisiana Atty. Gen. Liz Murrill decided to bypass the FDA review and went to federal court seeking a ruling that would prevent the pills being sent by mail.

A federal judge refused to decide on the issue while the FDA was undertaking its review. But the 5th Circuit chose to act now. The Louisiana state attorney put the focus on the Biden administration.

When the Supreme Court was considering the Dobbs case, which overruled Roe vs. Wade and the right to abortion, “the Biden Administration was preparing a plan that predictably would undermine that decision,” she wrote in Thursday’s response.

“Although Louisiana law generally prohibits abortion and the dispensing of mifepristone to pregnant women, out-of-state prescribers—freed from the in-person dispensing requirement — are causing approximately 1,000 illegal abortions in Louisiana each month by mailing FDA-approved mifepristone into the state,” she said.

The Trump administration has yet to tell the court of its views on this case.

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More abortion restrictions loom, even in California

In the ancient days of 2022, when the Supreme Court sledgehammered abortion rights with the Dobbs decision, the (Republican) party line was that the issue had returned to where it belonged: the states.

Fast forward to 2026 and it would now seem that the antiabortion crowd, faced with the aggressive pro-choice response of states such as California and lethargy on the part of the Trump administration to do more toward implementing a national ban, is no longer satisfied with that outcome.

They are now out to stomp on California, and a handful of other reproductive health sanctuaries, to ensure that what happens inside our borders fits their ideology.

“It’s strategic, it’s targeted,” Mini Timmaraju, president and chief executive of Reproductive Freedom for All, told me. “Even if you’re in a ‘blue state,’ you’re not safe.”

The U.S. Supreme Court will decide next week whether to take up the abortion issue again, in a case that could end medication-only procedures as we know them.

That would force women into a less-safe regimen with a lower success rate that would almost certainly lead to more complications — and therefore more controversy. Even in California, which would not be spared by what the court could do, and whose policies are central to the case.

Let’s break it down.

demonstrators participate in a May Day rally while holding pro-reproductive rights signs

Union members, immigrant rights supporters and anti-Israel demonstrators participate in a May Day rally and march in Washington, D.C., on Friday.

(Robyn Stevens Brody / Sipa USA via Associated Press)

Rogue California

After the Dobbs decision, 11 states passed near-total bans on abortions.

Six other states put early time limits on the procedures, and others passed bans in the second trimester, leaving women in much of the South and the Great Plains with no access to in-person care for hundreds or even thousands of miles.

In many of those places, those bans include making it illegal to receive abortion-inducing medications in the mail from states such as California. But that’s a hard law to enforce unless you go around opening lady-mail.

In recent years, the number of U.S. abortions arranged through telehealth and mailed medication has skyrocketed to more than a quarter of all procedures, though the often illegal nature of this route probably means the number is higher but underreported.

To protect the doctors and providers who are prescribing and sending these medications, California and other states have passed numerous laws to make it easier and safer — from allowing the prescriber to remain anonymous to shield laws that ensure those providers can’t be penalized or extradited to other states for prosecution, though some states are trying.

Earlier this year, Louisiana (a state with a full ban) tried to extradite a California doctor with no luck. Gov. Gavin Newsom gleefully denied that request, promising to “never be complicit with Trump’s war on women.”

US House Speaker Mike Johnson, a Republican from Louisiana, speaks during the annual March For Life on the National Mall

U.S. House Speaker Mike Johnson, a Republican from Louisiana, speaks during the annual March For Life at the National Mall in Washington, D.C., on Jan. 23.

(Graeme Sloan / Bloomberg via Getty Images)

Rogue Louisiana

In the Supreme Court case, Louisiana is thinking bigger — and expressing antiabortionists’ frustration with the Trump administration. The state is suing Trump’s Food and Drug Administration because it allows mifepristone, one of two medications used in abortions, to be prescribed via telehealth.

“Patients and these states with bans and extreme restrictions have relied on providers in blue states, abortion access states, to really help provide care,” Timmaraju said. “And this is a way to stop that.”

Antiabortion groups had hoped (and pushed) Trump to simply have the FDA remove its approvals of mifepristone, but Trump ain’t that dumb. Despite all his promises on the campaign trail, the administration would prefer to kick the can instead of the hornet’s nest on this one, especially before the midterms — since most Americans support abortion rights. So the FDA has said it’s “studying” mifepristone, which could take awhile.

Louisiana is claiming it had to spend $90,000 in taxpayer money to help two women who sought medical treatment after medication abortions (though it has not said they received the medication in the mail).

That’s a real harm, it argues, and gives them standing to sue the FDA to stop mifepristone from being prescribed by telehealth at all, claiming the FDA hasn’t done its due diligence to ensure that’s safe and it makes them really sad that they can’t stop women from ordering it.

The FDA has remained “completely silent on this point because the Trump administration doesn’t want to get involved,” said Mary Ziegler, a UC Davis law professor and expert on reproductive law.

“It’s totally one of the signs that the antiabortion movement is in an open rebellion, and is using the federal courts to express that because the political branches have been pretty non-responsive,” she said.

The marble statue Contemplation of Justice is seen outside the U.S. Supreme Court building

The Contemplation of Justice statue is seen outside the U.S. Supreme Court building on Monday in Washington.

(Andrew Harnik / Getty Images)

The Supreme Court lifted a stay Monday imposed by the 5th Circuit that stopped mifepristone from being tele-prescribed. So it’s available until at least May 11.

After that, who knows. It’s up to a court that has proven it’s no friend to reproductive rights.

It’s an issue with real consequence for Trump. If the court takes the case, the midterms must contend with abortion. If they don’t, the pressure on Trump to do so sometime intensifies. But its also an issue with real consequence for Californians.

Consequences in California

In California, there are 22 counties without an abortion clinic, Ziegler points out. In the far north of the state, women without access to telehealth abortions would be little better off than those in Louisiana if mifepristone by mail is stopped.

Instead, women would probably be forced to use the second medication, misoprostol, alone. This single-drug regimen has a lower effectiveness rate than the combined drugs, meaning more women will have to seek out secondary care — often in places where even in-person care is hard to come by. That could lead to more real harm, and therefore more high-profile cases of botched abortions to fuel a further ban on misoprostol.

Steve Hilton takes an interview after the California gubernatorial debate at Skirball Cultural Center on Wednesday.

Steve Hilton takes an interview after the California gubernatorial debate at Skirball Cultural Center on Wednesday.

(Jason Armond / Los Angeles Times)

And then there’s the fact that Newsom won’t be governor for much longer, and it will be up to the next chief executive to protect in-state providers from extradition. The top Republican contender, Steve Hilton, has previously said he would allow Louisiana to grab our California doctor if he were in charge.

Those kinds of threats have a chilling effect, both Ziegler and Timmaraju said. If enough providers are scared of the consequences of providing telehealth — or any — abortions, a ban becomes self-imposed.

Even in California.

What else you should be reading

The must-read: Immigration crackdown souring Orange County’s view of Trump, poll finds
The deep dive:How the Fight Over Israel Is Playing Out Inside MAGA
The L.A. Times Special: Who won the California governor debate on CNN? Here’s what our columnists say

Stay Golden,
Anita Chabria

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Clarence Thomas becomes the second-longest-serving justice in Supreme Court history

The first baby boomer on the Supreme Court hit a milestone on Thursday, becoming the second-longest-serving justice in history at a time when his influence has never seemed greater.

Once an outlier on the nation’s highest court, Justice Clarence Thomas has become a towering figure in the conservative legal movement over the last decade as he helped secure landmark rulings on abortion, voting and Second Amendment rights.

The only justice with a longer tenure is liberal William O. Douglas. Thomas would overtake Douglas in 2028 if he remains on the court — and there’s no sign he plans to retire anytime soon.

“I think he’s more energized and excited now than when I first met him,” said John Yoo, a law professor at the University of California, Berkeley, who served in Republican President George W. Bush’s administration after his time as a Thomas clerk three decades ago.

Thomas was confirmed in 1991 after contentious hearings that included sexual harassment allegations. More recently, his acceptance of luxury trips has raised a storm of ethics questions. He’s nevertheless gone from near-silence at oral arguments to asking the first questions and penning a landmark ruling expanding Second Amendment rights.

Following the appointment of three conservative justices by Republican President Trump, Thomas is now the most senior member of a supermajority that’s also overturned abortion as a constitutional right, ended affirmative action in college admissions and sharply limited the Voting Rights Act.

“The court has radically moved in his direction over the course of his time on the court,” said Stanford University law professor Pamela Karlan. Thomas’ seniority means he can decide who writes an opinion if he’s part of a majority that doesn’t include Chief Justice John Roberts, a factor that can nudge other votes behind closed doors, Karlan said.

Off the bench, Thomas’ sphere of influence also includes his large, close-knit network of former clerks, who have served in the Trump administration and are increasingly filling out the ranks of federal judges.

“That is an important legacy that he will leave,” said Sarah Konsky, director of the Supreme Court and Appellate Clinic at the University of Chicago Law School. “Even as justices’ own time on the court winds down, significant influence lives on through their clerks.”

That’s not to say Thomas’ time on the court is up. In a recent speech, Thomas tied the nation’s highest ideals to a conservative vision of limited government — and launched a broadside on progressivism seen by critics as unfair and inappropriate. In the room at the University of Texas, though, it earned a standing ovation.

Thomas, who became the second Black member of the court, now has a tenure that tops 34 years, putting him ahead of Justice Stephen J. Field, who was appointed by Lincoln before the end of the Civil War and served as the only 10th justice until 1897.

For Thomas, 77, it’s a long way from the hearings at which his nomination by Republican President George H.W. Bush was nearly derailed by allegations that he had sexually harassed Anita Hill, a charge he forcefully denied.

Thomas has more recently come under scrutiny for lavish, undisclosed trips from a GOP megadonor and the conservative political activism of his wife, who backed false claims that the 2020 election was stolen from Trump. The justice has said he wasn’t required to disclose the trips he took with friends and ignored calls to recuse himself from cases related to the election.

On the court, though, recent years have also brought perhaps the most significant work of his career, especially a 2022 opinion he wrote that found people generally have the right to carry a gun in public. The justice did not respond to a request for comment on his tenure.

His own jurisprudence has changed little over the years, said Scott Gerber, author of “First Principles: The Jurisprudence of Clarence Thomas.” Even as the majority moves his way, he’s continued to write dissents that get noticed.

“He’s incredibly consistent,” Gerber said. Once known for solo dissents, “now he writes majority opinions.”

Whitehurst writes for the Associated Press.

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Supreme Court resembles a feuding family with arguments that go on for years

The Supreme Court often resembles a feuding family where the same heated arguments go on for years.

The justices disagree over race, religion, abortion, guns and the environment, and more recently, presidential power and LGBTQ+ rights. And while they try to maintain a cordial working relationship, they don’t claim to be good friends.

“We are stuck with one another whether we like it or not,” Justice Amy Coney Barrett wrote last year in her book, “Listening to the Law.”

And like it or not, the testy exchanges and simmering anger have been increasing, driven by the sharp ideological divide.

The three liberals had known since October the conservative majority was preparing to elevate partisan power over racial fairness.

By retreating from part of the Voting Rights Act, the court’s opinion last week by Justice Samuel A. Alito will allow Republicans across the South to dismantle voting districts that favor Black Democrats.

Justice Elena Kagan, who first came to the court as a law clerk for Justice Thurgood Marshall, denounced the “demolition” of a historic civil rights law.

In dissent, she quoted Marshall’s warning that if all the voting districts in the South have white majorities, Black citizens will be left with a “right to cast meaningless ballots.”

But Alito and Chief Justice John G. Roberts joined the court 20 years ago believing the government may not make decisions based on race.

Their first major ruling was a 5-4 decision that struck down voluntary school integration policies in Seattle and Louisville. It was illegal to encourage some students to transfer based on their race, Roberts said.

When faced with a redistricting case from Texas, Roberts described it as the “sordid business … [of] divvying us up by race.”

With President Trump’s three appointees on the court, the conservatives had a solid majority to change the law on race. Three years ago, they struck down college affirmative action policies.

Watching closely were states such as Alabama and Louisiana.

They had been sued by voting rights advocates, and both had been required to draw a second congressional district with a Black majority.

Their state attorneys appealed to the Supreme Court, arguing these race-based districts were unconstitutional.

In a decision that surprised both sides, Alabama lost by a 5-4 vote in 2023.

Roberts said the Voting Rights Act as interpreted by past decisions suggests Alabama must draw a second congressional district that may well elect a Black candidate. The three liberals agreed entirely and Justice Brett M. Kavanaugh cast a tentative fifth vote.

Alito and Justice Clarence Thomas filed strong dissents, joined by Barrett and Justice Neil M. Gorsuch.

Last year, the justices agreed to decide a nearly identical appeal from Louisiana, and this time Roberts joined the conservative majority and assigned the opinion to Alito.

He argued the Voting Rights Act gave “minority voters” an equal right to vote but not a right to “elect a preferred candidate.”

The decision dealt a double blow to Black Democrats because an earlier 5-4 opinion by Roberts freed state lawmakers to draw voting districts for partisan advantage.

That ruling, combined with Wednesday’s decision, will bolster Republicans trying to maintain their narrow hold on Congress.

As if to highlight that point, the court’s six Republican appointees were guests of President Trump at Tuesday’s White House dinner for King Charles.

Just a few days before, Trump had slammed the court in another social media post.

“The Radical Left Democrats don’t need to ‘Pack the Court’. It’s already Packed,” he wrote. “Certain ‘Republican’ Justices have just gone weak, stupid, and bad.” They had struck down his sweeping tariffs, he said, “they probably will … rule against our Country on Birthright Citizenship.”

That didn’t stop him from inviting them to the White House, nor did the partisan appearances dissuade them from attending.

Alito is enjoying his moment of acclaim as the voice of the conservative legal movement.

In March, the Federalist Society held a day-long conference in Philadelphia to celebrate the “Jurisprudence of Justice Alito.”

He is the subject of two new books. One, by journalist Mollie Hemingway, calls him “the justice who reshaped the Supreme Court and restored the Constitution.”

The other, by author Peter S. Canellos, is “Revenge for the Sixties: Sam Alito and the Triumph of the Conservative Legal Movement.”

Alito attended Princeton during the Vietnam War and was put off “by very privileged people behaving irresponsibly,” as he later described his classmates.

He then went to the Yale Law School and, like Thomas, left with a lasting disdain for the left-leaning faculty and students.

Alito has a book of his own scheduled to be released in October. It is called “So Ordered: An Originalist’s View of the Constitution, the Court and Our Country.”

Last month, rumors and speculation had it that Alito and perhaps Thomas planned to retire this year so Trump and the Senate Republicans could quickly fill their seats.

At age 76, Alito is at the peak of his influence and has no interest in stepping down, and he and Thomas confirmed to news organizations they had no plans to retire this year.

For 20 years, Alito has cast reliably conservative votes at the Supreme Court and regularly argued for moving the law farther to the right.

Most famously, he wrote the court’s 5-4 opinion in the Dobbs case that overturned Roe vs. Wade and the constitutional right to abortion.

Roberts issued a partial dissent, arguing the court should uphold Mississippi’s 16-week limit on abortions and stop there.

Alito has called religion a “disfavored right,” and there too a change is underway.

In the decades before his arrival, the court had handed down steady rulings barring taxpayer funds for religious schools or religious ceremonies or symbols in public schools or city parks.

Then, the court viewed these official “endorsements” of religion as violations of the 1st Amendment’s ban on an “establishment” of religion or the principle of church-state separation.

Those decisions have faded into the background, however.

Instead, Alito, Roberts and the four other conservatives see today’s threat as one of discrimination against religion, not official favoritism for religion.

They ruled church schools and their students may not be denied state aid because of religion. Similarly, Catholic charities and other religious groups may not be excluded from publicly funded programs because they refuse to accept same-sex parents, the justices said.

They upheld a football coach’s right to pray on the field. And they ruled for a wedding cake maker in Colorado and other business owners who refused to serve same-sex couples in violation of a state civil rights law.

Religious liberty has now replaced separation of church and state as the winning formula at the Supreme Court.

The next test on that front may come from Louisiana, which calls for the posting of the Ten Commandments in public school classes.

In the past, the court had ruled such religious displays violated the 1st Amendment, but it is not clear that the current majority will agree.

The court’s oral arguments for this term ended last week. Many of them were dominated by questions from liberal Justices Sonia Sotomayor and Ketanji Brown Jackson.

A statistical tally by Adam Feldman for Scotusblog found that Jackson, the newest justice, had spoken twice as many words as the most talkative of the conservative justices.

Her arrival shifted the “center of verbal energy” to the liberal side, Feldman wrote. While Jackson “sits in a class of her own,” Sotomayor also presses the argument on the liberal side.

The court now has about eight weeks to hand down the decisions in 35 remaining cases. Usually, May and June can be a trying time because of intense disagreements over the opinions in close cases.

But for the liberal justices, it also may be a time mostly for writing dissents.

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Supreme Court puts hold on ruling that would block mailing of abortion pills

The Supreme Court took a first step on Monday to consider anti-abortion challenges to medication that has been commonly used to end early pregnancies for 25 years.

The justices moved quickly to put on hold an appeals court ruling that would block the mailing of abortion pills nationwide. Justice Samuel A. Alito issued a temporary “administrative stay” until May 11.

Three years ago, the court blocked a similar challenge to abortion pills, ruling that anti-abortion doctors had no grounds to sue over medication they did not use or prescribe.

Last year, Louisiana’s state lawyers sued and argued their state ban on abortions is thwarted if women can receive abortion pills through the mail after consulting a doctor online.

They questioned the federal regulation that permits doctors to prescribe the medication without seeing patients in person.

On Friday evening, the conservative U.S. 5th Circuit Court of Appeals in New Orleans jolted abortion rights advocates, first by ruling this claim is likely to succeed and then by putting their order into effect immediately.

Judge Kyle Duncan, a President Trump appointee, said the Food and Drug Administration had “failed to adequately study whether remotely prescribing mifepristone is safe.”

Moreover, women may suffer “irreparable harm” if these mail-order prescriptions are allowed to continue, he said.

If upheld, the order would go far beyond Louisiana and make it illegal for women in California and other states to obtain the pills through a pharmacy or by mail if they did not see a doctor first.

The legal dispute may put the Trump administration in an uncomfortable spot. In response to the abortion critics, the FDA agreed to review the safety of prescribing these commonly used pills without a required trip to a doctor’s office.

Its review is not likely to be completed until after the November elections.

The 5th Circuit judges said they were not prepared to wait for the outcome of that review.

On Saturday, two makers of mifepristone — Danco Laboratories and GenBioPro — filed emergency appeals asking the justices to block the 5th Circuit’s order.

“Never before has a federal court” rejected a long-standing drug approval by the FDA, they said, and restricted its distribution based on claims the agency had rejected.

The justices asked for a response from Louisiana by Thursday.

Mifepristone was approved in 2000 as a safe and effective way to an early pregnancy. It is typically used in combination with a second drug — misoprostol — which is not affected by the court’s decision.

If mifepristone becomes unavailable, women may use misoprostol alone, abortion rights advocates say.

In recent years, the majority of abortions in this country result from the use of medication.

Alito is responsible for emergency appeals from the 5th Circuit, and Monday’s order does not signal what the court will decide.

“This ruling is not final — keep watching,” said Nancy Northup, president of the Center for Reproductive Rights. “Getting abortion pills through telehealth has been a lifeline for women since Roe v. Wade was overturned. Louisiana’s attempt to restrict access is political and not based in science or medicine. Americans deserve access to this critical drug that has been FDA approved for 25 years.”

Carol Tobias, president of National Right to Life, agreed the court’s order did not resolve anything.

“It is a temporary procedural step that leaves unresolved the very real concerns about the safety of these drugs and the decision under the Biden administration’s FDA to recklessly remove longstanding safeguards,” she said.

California Atty. Gen. Rob Bonta joined with 21 other state attorneys in urging the court to block the 5th Circuit’s decision.

“Telehealth has made it easier for women — especially in rural, low-income, and underserved communities — to access mifepristone and obtain reproductive health care,” he said. “We should be guided by science, not politics. The in-person dispensing requirement was eliminated because it was medically unnecessary, and there is still no basis for reinstating it.”

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US Supreme Court temporarily lifts ban on abortion pill mail delivery | Health News

The United States Supreme Court has temporarily reinstated a rule allowing an abortion pill to be prescribed through telemedicine and dispensed through the mail, lifting a judicial ban that narrowed access to the medication nationwide.

Justice Samuel Alito issued an interim order on Monday, pausing for one week a decision by the New Orleans-based 5th US Circuit Court of Appeals to reimpose an older federal rule requiring an in-person clinician visit to receive mifepristone.

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The 5th Circuit acted in a challenge to the rule by the Republican-led state of Louisiana.

The Supreme Court’s action, called an “administrative stay”, gives the justices more time to review emergency requests by two manufacturers of mifepristone to ensure that the drug can be provided via telehealth and the mail while the legal challenge plays out.

Alito ordered Louisiana to respond to the drugmakers’ requests by Thursday and indicated that the administrative stay would expire on May 11. The court would be expected to extend the interim stay or formally decide the requests by that time.

Alito, one of the nine-member court’s six conservative justices, acted because he is designated by the court to oversee emergency matters that arise in a group of states that includes Louisiana.

The case puts the contentious issue of abortion back in front of the justices, who must confront another effort by abortion opponents to scale back access to mifepristone, with the November US congressional elections looming.

The court in 2024 unanimously rejected an initial bid by anti-abortion groups and doctors to roll back Food and Drug Administration (FDA) regulations that had eased access to the drug, ruling that these plaintiffs lacked the necessary legal standing to pursue the challenge.

Mifepristone, given FDA regulatory approval in 2000, is taken with another drug called misoprostol to perform medication abortions, a method that now accounts for more than 60 percent of all abortions in the US.

The ongoing battles over abortion rights follow the court’s 2022 ruling that overturned its 1973 Roe v Wade precedent that had legalised abortion nationwide.

That ruling has prompted 13 states to enact near-total bans on the procedure, while several others have sharply restricted access.

Louisiana sued the FDA last year, claiming that a rule adopted during the administration of former US President Joe Biden, a Democrat – a rule that eased access to mifepristone by eliminating the in-person dispensing requirement – is illegal and undermines the state’s abortion ban.

The pill’s manufacturer, Danco Laboratories, and GenBioPro, which makes a generic version, intervened in the litigation to defend the 2023 regulation. The administration of current US President Donald Trump, a Republican, cited an ongoing review of safety regulations concerning mifepristone and opposed the state’s challenge.

In April, US Judge David Joseph in Lafayette, Louisiana, declined to block the regulation but agreed with the administration to put the case on hold pending the review. The 5th Circuit blocked the rule on May 1.

The legal and political fight over access to mifepristone has dominated the debate over abortion in the US over the past few years.

The American Civil Liberties Union (ACLU) called the top court’s decision on Monday a “positive short-term development”.

“The Supreme Court needs to put an end to this baseless attack on our reproductive freedom, once and for all,” Julia Kaye, senior lawyer for the Reproductive Freedom Project of the ACLU, said in a statement.

Since the Supreme Court revoked the right to abortion in 2022, Democrats have been seizing on the unpopularity of bans on the procedure and emphasising the issue in their electoral platforms.

Chuck Schumer, the top Democrat in the Senate, welcomed the top court’s decision on Monday, but said, “This fight is just beginning.”

“We will stop at nothing to prevent the Republicans from putting a national abortion ban into effect,” Schumer wrote on X.

On Monday, Republican Senator Josh Hawley cited disputed findings on the health risks associated with mifepristone, urging lawmakers to act.

“Now it’s time for Congress to ban it completely for use in abortion,” he said in a social media post.

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Abortion pill maker asks Supreme Court to pause telehealth prescription block

May 2 (UPI) — A company that makes the abortion drug mifepristone on Saturday asked the U.S. Supreme Court to immediately pause a ruling that prevents doctors from prescribing it during telehealth visits.

Late Friday, a three judge panel on the 5th Circuit Court of Appeals unanimously ruled in favor of the state of Louisiana in a case asking the court to block doctors from prescribing the drug in telehealth visits.

Louisiana in the last four years has moved to prevent women in the state from obtaining abortion care legislators there were among the first to ban abortion after the repeal of Roe v. Wade, and later blocked doctors from prescribing the medical abortion pill in virtual telehealth visits.

The company, which is not the only drugmaker planning to file an appeal, said that patients will be stuck in limbo because of the lack of clarity it leaves for legal use of the drug, NBC News and Politico reported.

Roughly half of all abortions in the United States are performed using medications.

“Danco has been free to rely on procedures set by the FDA to distribute its product,” lawyers for the company said in a filing with the court.

“The Fifth Circuit’s decision immediately ends that,” the lawyers said. “A stay should issue to prevent the disruption and confusion that will result if the decision below were to remain operative.”

In addition to Danco, Politico reported that GenBioPro, which also manufactures the drug, has indicated that it will also file an appeal with the court.

Mifepristone was approved by the U.S. Food and Drug Administration in 2000 for medical termination of pregnancy and, until the COVID-19 pandemic, could only be prescribed during in-person appointments.

Early in the pandemic and the country locked down in an effort to stem the spread of the virus, doctors sued the FDA to allow them to prescribe mifepristone during telehealth visits.

The FDA temporarily changed the rule, but in 2023 adopted it permanently as some states started to restrict access to abortion and abortion services after the Supreme Court struck down Roe v. Wade.

Pharmaceutical companies and patient advocates warned that the restriction circumvents the FDA’s regulatory authority, which is based on evidence and data, and that it may offer a path for people to challenge other medications based on personal interest or opinion.

In the case of Danco, it also immediately filed the appeal because it is the only product it makes and “without a valid legal framework for distributing that product, Danco will lose its only source of revenue and may be unable to continue operating.”

President Donald Trump signs a series of executive orders in the Oval Office of the White House on Thursday. Trump signed an order to expand workers’ access to retirement accounts. Trump also signed legislation ending a 75-day partial shutdown of the Department of Homeland Security after the House voted in favor of funding. Photo by Aaron Schwartz/UPI | License Photo

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Mifepristone ruling is biggest obstacle to abortion access since end of Roe

In the biggest jolt to abortion policy in the U.S. since the overturning of Roe vs. Wade, a federal appeals court has restricted access to one of the most common ways to end early pregnancies by blocking the mailing of mifepristone prescriptions.

The unanimous ruling Friday from the New Orleans-based 5th U.S. Circuit Court of Appeals marks a substantial victory for abortion opponents seeking to stem the flow of abortion pills prescribed online that they view as subverting state bans on the procedure.

The ruling, which is expected to be appealed to the U.S. Supreme Court, requires that mifepristone be distributed only in person and at clinics, overruling regulations set by the federal Food and Drug Administration.

Friday’s ruling is in effect while the case works its way through the courts, but a mifepristone maker has asked the appellate court to put its ruling on hold until the Supreme Court weighs in.

Here’s what to know.

Nationwide impact

Frustrated with a lack of federal action against medicated abortions, Louisiana Atty. Gen. Liz Murrill sued the FDA last month, saying its regulations undermined the state’s ban on abortions at all stages of pregnancy.

“The regulation creates an effective way for an out-of-state prescriber to place the drug in the hands of Louisianans in defiance of Louisiana law,” Judge Kyle Duncan, who was appointed by President Trump, wrote in the ruling.

FDA officials have said the agency is conducting a new review of mifepristone’s safety, but the appeals court noted that there was no timeline for its completion.

Friday’s ruling affects all states, even those without abortion restrictions.

There is little precedent for a federal court overruling the scientific regulations of the FDA, and it remains to be seen how the decision could affect how the drug is dispensed long-term.

Murrill, a Republican, celebrated the ruling as a “victory for life,” while other antiabortion advocates cheered the reversal of rules finalized under President Biden that ended a long-standing requirement that the pills be obtained in person at a doctor’s visit.

Representatives for the FDA and the U.S. Department of Justice did not immediately respond to requests for comment.

Long record as safe and effective

Danco Laboratories, a mifepristone manufacturer and defendant in the lawsuit, has asked the appeals court to put its order on hold for one week to give the company time to seek relief from the Supreme Court.

Mifepristone was approved in 2000 as a safe and effective way to end early pregnancies. It is typically used in combination with a second drug, misoprostol, which is not affected by the ruling but is less effective on its own.

Surveys have found that the majority of abortions in the U.S. are administered using pills and that about 1 in 4 abortions nationally are prescribed via telehealth. Providers have suggested that its availability through telehealth is a reason why the number of abortions in the U.S. has not fallen since the Supreme Court overturned Roe in 2022.

As a result, abortion pills and those who prescribe them out of state have become key targets of abortion opponents.

Some Democratic-led states have adopted laws that aim to protect providers who prescribe via telehealth and mail the pills to states with bans. Those so-called shield laws are being tested through civil and criminal cases in Louisiana and Texas.

One telehealth provider in a state with a shield law, Dr. Angel Foster, was working with legal experts to understand how the ruling would affect her organization, the Massachusetts Medication Abortion Project.

“We will do everything in our power to continue providing care to people in all 50 states,” she said.

Midterm politics

The case could make abortion a key issue in this fall’s midterm elections as Democrats aim to take back control of the U.S. House and Senate and Republicans fight to hold on to their narrow majorities.

Recent electoral results suggest that voters seeking to maintain abortion access have the political momentum. Since Roe was overturned, abortion has been on the ballot directly in 17 states. Voters have sided with the abortion rights side in 14 of those results.

Abortion rights supporter Fatima Goss Graves, president and chief executive of the National Women’s Law Center, slammed Friday’s ruling as “deeply out of step with both the public and fact-based science.”

Trump received criticism after the ruling from some antiabortion advocates who expressed frustration that he did not take action himself to block distribution of the pill.

The FDA under Trump approved another generic version of mifepristone last year, which peeved some allies of the president.

“It’s shameful that the Trump administration’s inaction has forced pro-life states to take their battle to the federal courts,” said Marjorie Dannenfelser, president of Susan B. Anthony Pro-Life America, who also applauded the ruling.

Schoenbaum and Mulvihill write for the Associated Press.

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Court blocks abortion pills prescribed through the mail

A federal appeals court on Friday night blocked the nationwide sale of mifepristone, also known as the abortion pill, after the state of Louisiana sued the federal government for allowing it to be sold during telehealth appointments and mailed to patients. File Photo by Bill Greenblatt/UPI | License Photo

May 1 (UPI) — A federal appeals court on Friday night issued a ruling that enacts a nationwide block on the prescription of the abortion pills in telehealth appointments and mailing them to patients.

A three-judge panel on the 5th Circuit Court of Appeals ruled in favor of the state of Louisiana, which had used to end a Food and Drug Administration rule that allows doctors to prescribe mifepristone without having an in-person visit, ABC News, Politico and The New York Times reported.

Mifepristone was first approved by the FDA in 2000 for medical termination of pregnancy, and until the COVID-19 global pandemic required that the drug be prescribed to patients during in-person doctor’s appointments.

After enacting a strict abortion ban in 2022, Louisiana then moved to reclassify mifepristone as a controlled substance and criminalized its possession, effectively making it illegal in the state.

Although Louisiana had made it illegal to prescribe or possess in the state, people could obtain prescriptions from out-of-state doctors have virtual telehealth visits, with the mails mailed to people’s homes.

As the COVID-19 pandemic spread across the country in spring 2020 and forced much of in-person life to stop, doctors sued the FDA for an exception to the in-person requirement to prescribe mifepristone.

The agency in 2021 announced that it would exercise “enforcement discretion” because of the COVID-19 public health emergency.

After Roe v. Wade was struck down by the U.S. Supreme Court, several states across the country moved to outlaw most abortions, but mifepristone continued to be available through telehealth appointments and the mail.

Louisiana told the court that it needed relief because of an alleged influx of abortion pills to the state, making the argument that mail-delivered abortion pills endanger the safety of women there.

“We are alarmed by this Court’s decision to ignore the FDA’s rigorous science and decades of safe use of mifepristone in a case pursued by extremist abortion opponents,” Evan Masingill, CEO of GenBioPort, which manufacturers the drug, told Politico in a statement.

“We remain committed to taking any actions necessary to make mifepristone available and remain accessible to as many people as possible,” Masingill said.

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COLUMN ONE : Seymour’s Overdrive for Success : Pete Wilson’s appointed successor settles into his U.S. Senate job with aggressive deal-making. He defends his earlier switches on issues such as abortion and offshore drilling.

In the hush of his office, John Francis Seymour is working what he calls “the levers of power” like a 53-year-old kid running an imaginary earthmover.

His fists grip invisible levers, pushing them back and forth. He bounds forward in his leather chair. His voice rises until it cracks. All that is missing is the grind of an engine.

California’s appointed senator is explaining the thrill of maneuvering a bureaucracy, which excites this self-described real estate millionaire as much as buying and selling the California Dream.

“That is a fantastic challenge!” he crows. “I mean, you gotta be good to succeed in the private sector. But if you’re gonna succeed in getting things done in the public sector, you gotta be better than that! That’s the challenge!”

There is no doubt in Seymour’s mind that he is up to the challenge. Four months after he was wrenched from a Sierra vacation to assume the U.S. Senate seat vacated by Pete Wilson, the diminutive Republican is plying the elegant marble halls of the Capitol with an effusiveness unfettered by humility.

If most of Washington’s power is dispensed in cool and bloodless strokes, Seymour is playing the opposite game. His approach is a blend of gee-whiz and “let’s make a deal”–an assertive, bartering politics that spares no time on the notion that freshmen senators should be seen more than heard.

His is the ambition of a man who has chased success since childhood, sure enough of himself to have set his sights on high statewide office the night in 1978 that he was elected mayor of Anaheim.

His rapid rise in the Legislature in Sacramento left Seymour with the image of a politician who cut deals with relish–helping his supporters in the process–and switches alliances as the need arises. Now that the job of his dreams has been dropped into his lap, Seymour faces the grueling prospect of a contentious and costly campaign in 1992 to win it outright.

In the struggle, Seymour will be almost clinically dissected.

His friends say that he embraces challenges and is unafraid to admit when he is wrong. His foes call him self-serving and accuse him of selling out on principles. His friends say that he is stubborn and tenacious. His foes add that he is relentless and shrill.

Despite an admittedly stumbling start that has inspired his critics to doubt his chances next year, Seymour is brimming with confidence.

He dismisses his critics as jealous, scorning particularly those of his own party who disapprove of the deals he has spent a lifetime cutting. He says that he is a political pragmatist, a born optimist who believes that anybody, anywhere in California, can make it good, just like he did–that anyone can grasp the levers of power.

To most California voters, this man sitting in the U.S. Senate is unknown. Rarely, in his eight years in the California Senate, did Seymour surface amid the state’s telegenic political stars.

He came closest to the spotlight last year, when he fought unsuccessfully for the lieutenant governorship. That campaign broke into the news only occasionally and left Seymour with an image that dogs him to this day–that of a man who changed his tune on two defining issues, abortion rights and offshore oil drilling.

On both, he abandoned long-held conservative views, adopting positions that favored abortion rights and opposed offshore drilling. Because the changes came before an election year and put him in the mainstream of California voters, they inspired charges, which Seymour denies, that the moves were politically motivated.

Suspicion of his motives is a sore spot for the senator and those close to him. When asked what his father stands for, Seymour’s son Jeff, 24, launched into a defense of his integrity.

“People misunderstand who John Seymour is,” he said. They think indecisive, flip-flop. . . . Which just isn’t true. He’s been misunderstood.”

It is tough to see, on some levels, how Seymour could be misunderstood by anyone, for he can be unnervingly blunt.

If the subject is the influence of money on politics, he tells an audience that he qualifies “in that nasty group of millionaires.” Discussing negotiating techniques, he offers that he has angrily stomped out of rooms in attempts to intimidate opponents. His gestures are theatrical, his words expressed in exclamations.

But his statements and actions at times distort reality in a way that serves to protect the image of success Seymour has so carefully created.

Long after he was unceremoniously stripped of a party leadership position in 1987, he insisted that he had intended all along to quit. In a recent interview, he gruffly acknowledged that the job had been taken from him “before I was ready to go.”

He is, acquaintances say, sensitive to public knowledge that he smokes, a habit that he practices in private and has long tried to quit.

His campaign literature notes that Seymour has six children and that “he and his wife, Judy, have lived in Anaheim for more than 25 years.” They have–but not together. Until their divorce 19 years ago, Seymour lived there with his first wife, Fran, the mother of three of his children.

On occasion, Seymour’s directness appears to be an outgrowth of his political ambitions. In the throes of the 1990 lieutenant governor’s primary, he publicly asked to be allowed to watch the state’s planned execution of double murderer Robert Alton Harris. According to him, it had nothing to do with the publicity he would garner; rather, he argued that supporters of capital punishment should be prepared to see it. The request was turned down.

His open quest for success has sometimes put him in conflict with fellow politicians, particularly more conservative Republicans who see him as willing to sacrifice them to his upward climb. It has also earned him the friendship of Democrats, who appreciate his willingness to work with them on major issues.

“I would characterize John Seymour as a deal maker in both the good and bad sense of the word,” said state Sen. Bill Leonard (R-Big Bear), a conservative now second-in-command among GOP members in the upper house. “He wants to be productive. He thinks that people can sit and talk long enough about their cares and concerns that consensus can be built. . . . The bad sense is there’s a time to compromise and a time to hold fast.”

The art of the deal is bred into Seymour’s bones. From his youth, every job he has held has been in sales, following the steps of his father, his uncles and his grandfather. To politics, he brought tactics honed in real estate, selling legislation as he once sold homes and keeping in mind a real estate dictum: Make the sale, or there’s no commission.

“Never have been one to go around dying on my philosophical sword. That is not productive,” he said during a conversation in his office. “I have seen too many in politics go back home and beat their chests over how they fought the battle but they lost the war. And that’s not my idea of why people elected me.”

Seymour sells and compromises with a rare intensity, instilled by a family that valued tenacity.

“An ethic of work, an ethic of discipline, an ethic of positive thinking,” Seymour describes his youth. His father, Jack, and mother, Helen, who live in Garden Grove, moved from Seymour’s birthplace of Chicago to Toledo, Ohio, and then to Mt. Lebanon, Pa., by the time Seymour was in high school.

From the time he was a boy, he had set a goal–to make $1 million. It was his first definition of success.

Seymour recalls his father demanding, when he was merely 10 years old: “What are you going to do when you grow up? What are you going to do when you grow up? What are you going to be? What are you going to do?”

It left an impression.

“You can’t expect a kid to decide what their lifetime career is going to be,” Seymour said. “But I did know I wanted to go into business and I did know that I wanted to make a million. . . . So it was sort of in my head, you know, way back. It never left.”

Seymour says that he did become a millionaire–a claim that has not been independently verified–through his Anaheim-based business, which he started with his parents after a tour in the Marines and a business degree from UCLA. The Marines, he says, turned him around, transforming a poor student into a good one, proving to him that he could make it in the toughest of climates.

His four-year hitch began after his parents suggested that he was not ready for college, and his father, using some home-grown psychology, announced that the military would undoubtedly reject him. Seymour, 17, promptly signed for the maximum enlistment.

Asserting himself in the face of challenge is a Seymour theme, in part a defiant response to his 5-foot, 6-inch stature, those around him suggest.

“Short people fight harder,” his father said. “If you notice on TV . . . it’s usually the big, tall guy that’s successful. You’re always competing with someone tall. Which makes you fight harder.”

Seymour denied being teased because of his height, but sensitivity about it clearly left its mark. In the ninth grade, he was head and shoulders shorter than his teammates–”That was the end of my basketball career,” he said wryly. His football career had ended a year earlier.

“To be a Marine,” he said, his voice sarcastically deepening to mimic a military recruitment commercial, “You’ve got to be six feet tall and able to lift 450 pounds or whatever. And I knew I couldn’t do that.

“But what does that mean? In sports, I remember in high school, in order to compete I had to try harder. In college, in order to get good grades I had to study longer. It just took more hours for me. In order to succeed in business I had to work longer hours–and so it’s just sort of a natural habit. Anything I do, whether it’s recreational or work, it’s never at 80%. It’s always at 110.”

And 110% to win–or Seymour is tempted not to compete at all. “He doesn’t arm-wrestle me now, because he knows I’ll beat him,” said his son Jeff.

“He does not like to be defeated,” said Seymour’s mother, Helen. “He always loves to win.”

Politics did not present itself as a natural extension of Seymour’s drive for success. The way he explains it, he began volunteering for city commissions much in the same way he served on the boards of the Chamber of Commerce and YMCA. In 1974, he was elected to the City Council.

“At that particular point, I don’t believe I had ever contributed to somebody’s campaign, never worked in a campaign, was not active in the Republican Party,” he said.

That would soon change. In 1978, he spent more than $55,000 in an unopposed campaign for mayor, according to reports at the time. The same year, he helped negotiate the deal that brought the Los Angeles Rams to Anaheim. He also backed Wilson’s unsuccessful run for governor, which would both whet Seymour’s appetite for statewide politics and tighten links between the two that would pay off handsomely 13 years later.

By 1982, aided by strong name identification in central Orange County and by his fund raising–he outspent all competitors combined by a 40-1 margin–Seymour was elected to the state Senate. From the outset in Sacramento, it was clear that Seymour was not wasting time.

“He never went through the usual freshman period of being seen and not heard. And not everybody liked that,” said Robert Naylor, a Seymour supporter who was GOP Assembly leader when Seymour came to Sacramento. “He had the reputation of being a little abrasive because he was not willing to sit back.”

What ranks in many minds as a defining moment came little more than a year after Seymour joined the Senate, when conservatives led by state SenL. Richardson labored to oust Republican leader William Campbell.

“He was perceived as part of the Campbell group, but I needed the votes to put together the overthrow,” said Richardson, now a consultant to U.S. Rep. William E. Dannemeyer of Fullerton, who is opposing Seymour in his bid for a first elected term. “The only way to do it was to promise him the caucus chairmanship.”

The caucus chair is the second-ranking party leadership position and a heady role for a freshman. The political plum dangled before him, Seymour switched his vote and moved with the majority to strip Campbell of his power.

Shrugging off fellow legislators’ anger, Seymour said that he was simply doing business the way it is done in Sacramento. Whatever his motives, the move made it easier years later for Seymour to be accused of expediency when he switched to popular positions on abortion rights and offshore oil drilling.

Seymour said he decided to favor abortion rights and oppose coastal drilling only after the circumstances surrounding both issues had changed. His abortion switch followed the U.S. Supreme Court’s 1989 decision allowing states to regulate the practice. His decision that same year on drilling came after oil spills despoiled Alaska’s Prince William Sound and Huntington Beach.

His positions changed, Seymour said, after deliberative discussions with representatives from both sides–a contention supported by friends who consulted with him.

“Times change, people change, conditions change. And thank God they do,” Seymour said. “Changing the mind in a changing environment–I don’t know that there’s anything wrong with that.”

Whatever its repercussions among Republicans, Seymour’s flexibility made him a player in Sacramento. Early on, he was part of the team that framed SB 813, the landmark education reform bill of 1983. Democrat Gary K. Hart of Santa Barbara, a Senate powerhouse on education matters, said he found Seymour “easy to work with–and more than anything else, a good negotiator.”

Seymour’s support for increased money for teachers and his interest in special education and vocational education were not common among Republicans at the time. He also took on, early in his tenure, other issues that won notice on both sides of the aisle.

As early as 1983, he pressed for new programs in child care, ranging from cash payments to poor parents who could not take advantage of child-care tax credits to placing pressure on the insurance industry to offer liability policies to providers of child care.

“It’s not the kind of legislation that you would normally expect from a Republican male,” said Rep. Maxine Waters (D-Los Angeles), a former assemblywoman who engaged in some heated battles with Seymour on other issues.

“That stands out in my mind–and maybe one or two other issues–that seemed nonpartisan, almost like he was just truly interested in the issue. . . . He worked on them and he seemed sincere about them.”

But as often, Seymour aimed his attention at traditional Republican constituencies. Seymour, whose campaigns have been heavily financed by the real estate industry, pressed bills that would benefit developers and brokers, and was a particularly fierce opponent of rent control.

That Seymour trait–helping industries that helped finance his campaigns–recurred throughout his career. Seymour, in an interview, said he would only support a bill out of genuine personal belief, not because it could help his benefactors.

For eight years in Sacramento, Seymour rolled up reelection victories and built an impressive statewide fund-raising network. Still, few saw him as U.S. Senate material.

“Look, John’s where he is today because of one individual’s ability to put him there,” said Steven A. Merksamer, former chief of staff to Gov. George Deukmejian and a Seymour friend. “It could have just as easily been someone else. Politics is so much of a crapshoot.”

For months, Wilson pondered whom to appoint to the U.S. Senate. He interviewed several contenders and watched as others took themselves out of consideration. He and Seymour never discussed the Senate seat, Wilson said, not even in a 90-minute conversation held 10 days before Wilson offered Seymour the job.

Wilson said he based his decision on their similar views on issues, and on Seymour’s personal characteristics.

“He is honest, he is smart, he is tough-minded and he is tenacious,” Wilson said.

But none of those qualities fully prepared Seymour for his early days in office, he conceded recently as he strode through the Capitol.

“I felt like I was standing in the surf of a tidal wave, one wave after the other just crashing over my head and hardly being able to keep up, keep from drowning in all of it,” he said.

Sometimes it showed. More than a month after he was appointed, Seymour met with former President Ronald Reagan. Publicized by Seymour’s staff, the meeting was an opportunity for the senator to court, by extension, the conservatives who idolize Reagan and disdain Seymour.

After the meeting, Seymour bounded out of the elevator at Reagan’s Century City offices. Reagan, he said, deserved the credit for the military buildup that propelled the Persian Gulf effort–and in return, he suggested, the Strategic Defense Initiative that Reagan championed should be approved by Congress.

But the Bush Administration had significantly scaled back this so-called “Star Wars” initiative. Which version did he support–Bush’s or Reagan’s, Seymour was asked?

“Well, to be honest . . . I haven’t had the opportunity to review the details of it,” he said.

Occasionally, he still stumbles. Seymour’s bill to help the state deal with the drought would allow the secretary of the Interior to defer payments incurred by users of the federal water system. No interest would be charged to agricultural users, but others would have to pay interest at current rates.

Asked why he would hold farmers and urban areas to different standards, Seymour said he was “not aware” that that distinction was in the bill.

“It doesn’t sound logical to me,” he said. “Maybe I ought to check on that.”

As he has acclimated, Seymour has displayed increasing ease.

At a recent Capitol luncheon with other senators and reporters, he analyzed a host of measures, including the Endangered Species Act and the Social Security payroll tax. Often, he said, he had not come to a decision on particular issues, but he did grasp the arguments on both sides.

Seymour’s friends and political allies say that there can be no underestimating the overwhelming transition he has had to make into federal office, without benefit of a lengthy campaign to hone his positions and reflexes.

“Most people, when they arrive in the Senate, do so after seeking the post. He did not seek it. It was thrust upon him, without warning, and suddenly he was literally within a matter of days cast into an arena without having had any preparation,” Wilson said.

“He’d never dealt with SDI, never dealt in defense or foreign policy matters. These are new and they are complex, and John is not a hip-shooter,” the governor said.

Seymour is a product of the California where all seemed possible, where a young Marine could come West, set down roots and get rich. His view of the state virtually glows with possibilities. It is not a place of traffic jams and smog and urban chaos. Asked his vision of California, he cited “California Gold,” a John Jakes novel about the post-Gold Rush frontier.

“My dream, my vision for California, is the California Dream,” he said. “It is an environment in which the individual has the opportunity to become everything they’ve ever dreamed of–if they’re willing to try hard and if society is willing to give them half a chance. That’s the California Dream–it’s the epitome of the American Dream.”

His friends and political allies say that Seymour has consciously tried to broaden himself beyond the stereotype of Orange County Republicans, a mostly white, mostly male, mostly wealthy class. Seymour said he feels “very close” to the state’s poor and its minority populations. He points to his support of child care, vocational education and drug treatment.

Republican state Sen. Becky Morgan of Los Altos Hills, who served with Seymour on the substance abuse committee Seymour headed, said its hearings helped the senator understand poverty.

“While he does not live the life of the poor,” she said, “he has empathy.”

But Seymour has not always reinforced that image. He has long targeted welfare as a way to cut back government spending–most notably at February’s state GOP convention in Sacramento, where he came under criticism for appearing to equate welfare with a luxury item.

“Sometimes you lose your job,” he said. “Maybe you’ve got to sell your boat to keep your family going.”

Today, Seymour argues that he was unfairly criticized, and draws a distinction between yachts and mere boats.

“I wasn’t speaking of yacht owners,” he added. “ Boat owners! There’s hundreds of thousands, perhaps millions (of boats) in California.”

But Seymour’s son Jeff hints at a more personal reason for Seymour’s attitude toward welfare–and by extension, the poor.

“I think what he has said is–there are enough jobs out there. People just don’t want to take the jobs that are out there,” he said. “He can feel for the little man and the nobody–he was at one time a nobody. . . . He feels that anyone can do it.”

In 13 months, Seymour faces his first race for the U.S. Senate in the Republican primary. If he survives that, the general election will follow five months later.

At this early date, Seymour is feeling pressure from two quarters. On his right, Dannemeyer has already christened Seymour with a pejorative–”Senator Flip-Flop”–because of Seymour’s changed positions. From his left, Seymour is being challenged by Democrat Dianne Feinstein, who closely trailed Wilson in 1990’s tight race for governor. More combatants may follow.

What Seymour can accomplish before Election Day will be minimal, officials in Washington suggest, but he should be able to begin sketching his image for Californians.

Already, he has pushed for compromise on long-fought legislation to preserve millions of acres of California desert, which was ditched last year in a dispute between its sponsor, Sen. Alan Cranston (D-Calif.), and then-Sen. Wilson.

“I think he looks on this as a chance to show that he can accomplish,” Cranston said.

Moderate moves on some social issues, along with conservative positions on crime and foreign policy, seem likely to achieve the same sort of image for Seymour that Wilson enjoyed through two Senate elections.

“I have to say, I think he will be more formidable than some have estimated he might be,” said U.S. Rep. Vic Fazio (D-Sacramento). “He is not going to be, however, at any time, unbeatable. He is not a guy with a great deal of visibility even now.”

Seymour is trying to change that, traveling to California virtually every weekend, visiting a military base here, a schoolyard there, talking to farmers about the drought, and to business leaders about the recession.

Sometimes, in the subtle sweetness of a spring afternoon in the capital, the sun glinting off the Washington Monument down the Mall, he floats on the “constant high” the Senate has provided him.

“I tell you, I love it!” he said. “Love every minute of it! All of it!”

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Analysis: Trump loomed over midterms and GOP suffered for it

The protracted uncertainty over control of Congress reverberated through both major political parties on Wednesday, as Democrats basked in the relief of the red wave that wasn’t and Republicans became increasingly clear-eyed that the lingering influence of former President Trump had hamstrung their party.

President Biden’s emphasis during the campaign season on the extremism of “MAGA Republicans” had been greeted skeptically by many. In the Democratic Party’s better-than-expected showing, though, he saw vindication of his appeals for civility and normalcy.

“This election season, American people made it clear: They don’t want every day going forward to be a constant political battle,” Biden said at a White House news conference. “The future of America is too promising to be trapped in endless political warfare.”

Amid high inflation and Biden’s lackluster approval numbers, Democrats’ hopes had hinged on voters being more put off by Trump’s imprint on the Republican Party — be it the divisive candidates he endorsed, the political violence that festered from his lies about election fraud, or the reversal of federal abortion protections made possible by justices he appointed to the Supreme Court.

“We knew going into the cycle that there was going to be an opportunity to rally a moral majority that is an anti-MAGA coalition,” said Tory Gavito, president of Way to Win, a progressive donor network. “When I say that, I include everyone from [GOP Rep.] Liz Cheney to [democratic socialist Sen.] Bernie Sanders. Think about that spectrum of the middle to the left coming together to say Republicans are just too damn extreme.”

If recent history is any guide, Trump’s not going anywhere. The once and likely future presidential candidate is unpopular, but he continues to exercise outsized sway over the Republican base, and could hobble the party for the next two years and beyond.

“While in certain ways yesterday’s election was somewhat disappointing, from my personal standpoint it was a very big victory,” Trump said on his conservative social media network, Truth Social, pointing to the record of candidates he endorsed. “219 WINS and 16 Losses in the General – Who has ever done better than that?”

The specter of the former president hampered the GOP’s ability to frame the midterm as a referendum on Biden, said Ken Spain, a GOP strategist and former spokesman for the party’s House campaign arm.

“Trump was always a looming shadow over this election, more than Republicans probably wanted to admit,” he said. “This essentially became a choice election between an unpopular president and an even more unpopular Trump.”

There were signs that patience was running thin among Republican power brokers. Notably, Trump’s much-beloved New York Post, the tabloid owned by conservative media magnate Rupert Murdoch, featured Florida Gov. Ron DeSantis on its cover Wednesday with the headline “DeFuture.” DeSantis is widely considered Trump’s biggest threat for the 2024 GOP presidential nomination.

Republicans still had a chance of winning both chambers of Congress as vote-counting continued Wednesday. House Minority Leader Kevin McCarthy (R-Bakersfield) projected confidence that his party would win the five additional seats necessary to take the majority there, and announced his intention to run for speaker of the House.

Whether he secures a majority may come down to his home state. California’s 11 competitive races remained unsettled as of Wednesday evening, with results trickling in slowly, as is common with the state’s methodical ballot-counting procedures.

Republicans had targeted incumbent Democratic Reps. Katie Porter and Mike Levin in Orange County, as well as an open seat in the Central Valley, as possible pick-ups. But Democrats were also watching the returns for the potential to oust vulnerable GOP Reps. David Valadao of Hanford and Ken Calvert of Corona.

Republican Sen. Ron Johnson of Wisconsin notched a close win over Democratic challenger Mandela Barnes, giving Republicans a 49-48 advantage in the Senate, with races in Georgia, Arizona and Nevada yet to be decided.

With neither candidate in Georgia winning more than 50% of the vote, the race will go to a Dec. 6 runoff, like the one that decided Senate control in 2020. A 50-50 split in the Senate would let Democrats maintain control with Vice President Kamala Harris’ tiebreaking vote.

Republicans made some successful pushes into blue territory; in New York, for example, they appeared likely to win four Democratic-held House seats. Rep. Sean Patrick Maloney, a New York Democrat who led his party’s efforts to keep the House, conceded his own race Wednesday morning to Mike Lawler, a Republican state assemblyman.

Still, the night was distinctly underwhelming for a party that contemplated a blowout win in the House and an assured majority in the Senate.

“Definitely not a Republican wave, that’s for darn sure,” Sen. Lindsey Graham (R-S.C.) said Tuesday night on NBC as he predicted a narrow win for Republicans in the Senate.

Paradoxically, a small Republican majority in the House would likely give Trump more leverage there, as McCarthy would have to depend on continued support from acolytes of the former president, such as Rep. Marjorie Taylor Greene, to exercise the GOP’s majority power.

Biden, speaking at the White House on Wednesday, said he had not had much occasion to interact with McCarthy but planned to talk with him later in the day. The president promised to work with Republicans in Congress, but noted pointedly that the American people had also sent the message that they wanted the GOP to show similar cooperation.

The president was happy to point out that his party had defied expectations, noting that “while the press and the pundits [were] predicting a giant red wave, it didn’t happen.”

National exit polls gave a glimpse into why Republicans fizzled. The surveys showed inflation was a top concern among voters. But abortion ranked second. That, and the relative weakness of Trump-backed candidates, helped Democrats stay in the fight.

Many voters appeared willing to swallow their disappointment with Biden. An NBC exit poll showed Democrats narrowly winning — 49% to 45% — among voters who “somewhat disapprove” of Biden’s performance.

Results in Michigan underscored the extent of the Republican Party’s disappointments. Democratic Gov. Gretchen Whitmer, whom Trump had attacked relentlessly, defeated his endorsed candidate, Tudor Dixon, and Democratic incumbents held on to the state’s attorney general and secretary of state posts and gained control of the Legislature as well.

The GOP failed to oust Rep. Elissa Slotkin, a vulnerable Democrat in a Michigan swing district that barely backed Biden two years ago. Elsewhere in the state, a Trump-backed candidate — who in the primary beat Rep. Peter Meijer, a Republican who had voted to impeach the former president — lost in the general election, costing Republicans a seat in the surprisingly tight battle for control of the House.

Michigan voters also approved a ballot measure striking down a 1931 ban on abortion, and voters in Kentucky rejected an initiative that would have amended the state constitution to make clear it did not protect abortion rights.

The Republicans’ loss of a Senate seat in Pennsylvania could prove the most consequential if Democrats keep the chamber. Lt. Gov. John Fetterman defeated Mehmet Oz, a television doctor and first-time candidate backed by Trump. Fetterman, still recovering from a stroke, painted the untested Oz as an elite carpetbagger.

Many of the gubernatorial candidates Trump backed also lost or were in danger of losing as of Wednesday afternoon. DeSantis’ double-digit win in Florida, as well as his strong coattails for Republicans in the House, served as a stark contrast. But Trump has said he will run again even if party leaders prefer DeSantis. Opinion polls, at least for now, show the former president as the prohibitive favorite to capture the party’s nomination.

Jason Miller, an advisor to Trump, told the BBC on Wednesday morning that he was urging Trump to postpone an announcement that he will run again from next week — as he has been teasing — to December, to avoid distracting from a potential Senate runoff in Georgia. But Miller said he remained 100% certain that Trump would run.

“Many of the people who are championing Ron DeSantis for president are the same people who were skeptical of President Trump ever since he came down the escalator in 2015,” Miller said, recalling Trump’s improbable announcement for the 2016 race.

Miller predicted that Trump would “have his hands full” but would ultimately win the nomination again.

Mason reported from Los Angeles and Bierman from Washington. Times staff writer Erin B. Logan contributed to this report from Washington.



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Worst-run state? In Britain, Steve Hilton was inspired by California

Steve Hilton is a former Fox News host who has unexpectedly emerged as a leading candidate in the race for governor with a message that California is a failed state in need of radical reform.

But his sudden rise in California politics comes a decade and a half after he pitched the U.K. Conservative Party with a very different idea: Britain could learn a lot from the Golden State.

Back in 2010, when Hilton was a top strategist during David Cameron’s rise to power as Conservative prime minister, he looked to Silicon Valley’s high-charged ethos of techno-optimism and green innovation for inspiration as he sought to revitalize the ailing Conservative Party and the U.K.

Splitting his time between London and the Bay Area — his wife worked for Google — Hilton was instrumental in getting California companies to invest in the U.K. and persuading Google to open its first wholly owned and designed building outside the U.S. in London. So infatuated was he with California that one British political commentator dubbed the Cameron administration’s philosophy ”Thatcherism on a surfboard.”

But Hilton is now utterly unsparing in his criticism of California.

After moving to the Bay Area full time, teaching at Stanford University and hosting Fox News’ “The Next Revolution,” Hilton is running as a Republican on a platform of “Making California Golden Again.”

To the dismay of many Democrats, the 56-year-old British immigrant, a supporter of President Trump who dubs California “America’s worst-run state,” is ahead in multiple polls in a crowded race with no front-runner.

Even after former Democratic Rep. Eric Swalwell dropped out April 12 after multiple women accused him of sexual assault, Democrats are struggling to unite around one candidate. And Trump’s endorsement of Hilton this month almost seems to guarantee Hilton will secure enough Republican votes to make it past the June primary.

Hilton accuses Democratic leaders of turning the state into the “Wuhan lab of modern leftism.” As Democrats amassed power in Sacramento, seizing control of statewide offices and the Legislature, he argues, California government has become “a massive, bloated, bureaucratic nanny state,” so overregulated and poorly run, it is failing its people.

“We have the highest poverty rate in the country in California, tied with Louisiana, which is shameful, really, for a state that prides itself on being the home of innovation and opportunity,” he told The Times. “We’re ranked by U.S. News and World Report 50 out of 50 for opportunity. The performance of California, when measured against the rest of the country, is really dire.”

Most California voters rank affordability and cost of living as important as they weigh whom to elect as governor. But whether Hilton can persuade them that Democrats are responsible for the state’s problems, or make inroads as a Republican aligned with Trump on immigration and abortion, is unlikely in a state where Democrats outnumber Republicans nearly two to one.

Many Californians who do not watch Fox News know little about Hilton. Even some of Britain’s political observers who followed Hilton for years admit it’s been a struggle at times to make sense of his political odyssey.

Dubbed a “barefoot revolutionary” for his habit of striding around Downing Street without shoes, Hilton was credited with pulling the Conservatives into the 21st century and ushering in a more green, socially liberal strain of British conservatism. He helped turn around their image by highlighting climate change and supporting gay marriage.

Fraser Nelson, a columnist for the Times in London, said Hilton had been seen in Britain as a figure closer to Democratic Gov. Gavin Newsom than to Trump.

“When he popped up on Fox, it was like somebody reborn,” Nelson said. “Somebody who seemed to be on the left of politics was somehow on the Trumpish right. We thought it was like a joke. I’m not saying he is not sincere, just … the political journey of Steve Hilton … to being Newsom’s nemesis is something to behold.”

Born in London to Hungarian refugees who fled their homeland during the 1956 revolution, Hilton grew up in a household without much money.

After studying at Oxford University, a life-changing experience for a son of immigrants, Hilton worked at Conservative Party headquarters and as an ad executive on the Conservatives’ 1997 election campaign. When Labour’s Tony Blair won in a landslide, Hilton co-founded a consulting firm, Good Business, advising corporations on how to make money by investing in social and environmental causes.

In 2001, Hilton voted Green. But he returned to the Conservative fold in 2005 to try to detoxify the Tory brand. As an author of the party’s 2010 manifesto, he came up with Cameron’s “Big Society” agenda, which sought to scale back the state and hand more power to local communities. Critics, however, argued that the focus on local control was a fig leaf for austerity and dismantling the welfare state.

When Cameron won in 2010, Hilton infuriated colleagues in the coalition government, the British press reported, proposing a stream of wacky ideas: scrapping maternity leave, abolishing job centers, even buying cloud-bursting technology so Britain would have more sunshine.

Hilton ultimately became disillusioned with Westminster, deciding U.K. politics was stymied by excessive bureaucracy. In 2012, he moved full time to the Bay Area.

Hilton says he was drawn to California because of its “rebel spirit.”

But what he liked about California was the specific Silicon Valley ethos of disruption that emphasized meritocracy and risk-taking, not the state’s ascendant liberal identity politics.

Hilton settled in California precisely when Democrats were consolidating their political and cultural power. Just months after his move, Democrats gained full control of the Legislature with a two-thirds supermajority.

Meanwhile, populism was rising across the U.S. and Britain.

On the 2016 Brexit referendum on whether the U.K. should leave the European Union, Hilton was firmly pro Leave.

Hilton also disagreed with many fellow conservatives on Trump. In November 2016, George Osborne, chancellor of the exchequer under Cameron, watched the U.S. election on Hilton’s couch in Atherton, Calif. “Steve was the only person in the room who said, ‘I think Donald Trump’s going to win,’” Osborne said. “I think he identifies with Trump, although they’re obviously very different. … The outsider challenging the system.”

After the election, Hilton joined Fox News as a contributor and in 2017 was given his own Sunday night show, “The Next Revolution.” Produced out of Los Angeles, it explored populism in the U.S. and globally.

Like many conservatives, Hilton became agitated in 2020 by the COVID-19 lockdowns and Black Lives Matter protests that swept U.S. cities.

Early in the pandemic, Hilton invited Jay Bhattacharya, a professor of health policy at Stanford, to discuss COVID-19 after his study in Santa Clara County indicated the virus was more widespread and less deadly than initially thought. Bhattacharya argued the best path forward was not a general lockdown, but focused protection of the vulnerable. California leaders went on to impose some of the nation’s most stringent lockdowns.

After Joe Biden defeated Trump in November 2020, Hilton repeated Trump’s false allegations of voter fraud on air and called for an investigation.

Hilton became a U.S. citizen in 2021. Asked how his worldview changed in 2020, Hilton said: “I don’t think it changed. I think it actually enhanced my skepticism of centralized bureaucracy and it made me even more determined to dismantle it in California, because you saw all the worst features of it in California.”

In 2023, Hilton left Fox to launch a supposedly nonpartisan policy group, Golden Together, to develop “common sense” solutions to California’s problems. Two years later, he published “Califailure: Reversing the Ruin of America’s Worst-Run State,” a screed against Democrats. He accused them of spending “their time — and taxpayers’ money — pushing increasingly fringe race, gender, and ‘climate’ extremism instead of attending to the basics of good governance.”

A month later, Hilton announced he was running for governor “to make this beautiful state, that we love so much, truly golden again.”

On the campaign trail, Hilton has pledged to slash taxes, make housing more affordable and bring the cost of gas down to $3 a gallon. But how he plans to achieve some of these goals is controversial.

Hilton advocates scaling back environmental regulations. State agencies such as the California Coastal Commission and the California Air Resources Board, he argues, are a “massive roadblock” to housing development.

To lower gasoline prices, Hilton would ramp up California domestic production of oil and natural gas and reduce regulations on refineries.

Hilton would likely struggle to persuade a majority of voters to roll back environmental protections. According to the Public Policy Institute of California, about 55% of Californians think stricter state environmental regulations are worth the cost, while 43% believe they hurt the economy and jobs market.

Hilton is also at odds with most Californians on major issues from immigration to abortion.

If elected, he would foster more local cooperation with U.S. Immigration and Customs Enforcement and rescind state healthcare to undocumented immigrants. He would work with states such as Louisiana to extradite California doctors accused of prescribing and mailing abortion pills to women in states where abortion is illegal. He would also establish a Covid Accountability Commission to examine officials’ decisions during the pandemic.

Asked if Newsom and other Democrats could face prosecution, Hilton said: “They need to be held accountable for these crimes.”

With Trump in the White House, 2026 is a difficult year to mount a right-wing populist campaign for California governor, said Christian Grose, a professor of political science and public policy at USC.

“That message of ‘Newsom and the Democrats have been a disaster for California,’ that’s like, if you’re running in South Carolina,” Grose said. “It’s a caricature of California. While many California voters think there have been problems and the state is not doing as well, a Fox News presentation for East Coast viewers … that’s not going to win 50%.”

To make inroads past the primary, Grose said, Hilton would need to focus on governance and affordability and ditch the anti-Democratic red meat: “He has to massively soft pedal the kind of Fox News conservative stuff.”

Hilton’s Republican rival in the race, Riverside County Sheriff Chad Bianco, has questioned Hilton’s MAGA credentials, raising his green advocacy in the U.K. to cast him as an unprincipled opportunist.

Hilton, however, said he considers himself a “very strong environmentalist.” The problem, he argued, is the movement has become too narrowly focused on climate change and CO2 reduction. As crude oil production within California has fallen in recent decades and refineries have closed, he questioned California importing the bulk of its oil from as far away as Iraq and Ecuador.

“We are shipping oil halfway across the world in giant supertankers that run on bunker fuel, the most polluting form of transportation you can think of, rather than producing in Kern County and sending it in a nice, clean pipeline to the refineries in Long Beach,” Hilton said. “It’s total insanity. We are increasing carbon emissions in the name of climate change.”

Some political observers in the U.K. argue that Hilton’s questioning of California’s policy isn’t necessarily intellectually inconsistent.

“Perhaps in 2010 we needed more environmental policies,” Nelson said. “Perhaps in 2026 they’re doing more harm than good.”

Nor is it so odd, he argued, that Hilton now views California with a more critical eye.

“Even from a distance, when you look at California, there’s so much going fundamentally wrong,” Nelson said, citing its energy policy, homelessness and the exodus of residents to other states. “I’m not surprised by that, and I think it’s entirely consistent with Steve Hilton in 2010.”

Times staff writer Stephen Battaglio contributed to this report

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