Search results for "abortion"

Chelsea Handler viciously roasts Mitch McConnell

Popular comedian Chelsea Handler, who has previously aroused political controversy for everything from discussing having abortions to roasting MAGA comedians like Tony Hinchcliffe, on Thursday skewered Sen. Mitch McConnell (R-KY) for continuing to serve in the Senate even though he appears to be barely alive.

"Chelsea Handler unleashed on Mitch McConnell’s'“return' to public life during her appearance on The View, declaring the 84-year-old Kentucky senator is 'possibly not even alive,' despite his latest appearances," reported The Daily Beast's Eboni Boykin-Patterson on Thursday.

Boykin-Patterson added, "The comedian was asked for her take by The View co-host Sunny Hostin, after McConnell returned to Capitol Hill earlier this month. He had been absent from the public eye for 92 days after being hospitalized in June before he returned to the Senate floor in a wheelchair, where he made minimal remarks and waved at reporters while flanked by his chief of staff."

The journalist then quoted Handler referencing a 1989 dark comedy in which two men drag around a corpse while pretending it is still alive so they can live off of the deceased owner's luxuries for a weekend.

“Was that a return? That’s a return to Saturn, is what that was,” Handler said. “I mean, honestly, I can’t believe—this is obviously like 'Weekend at Bernie’s.' We’re dealing with a person who’s unconscious or possibly not even alive, you know. I mean, they’re propping him, and when his hand went up, I was like, ‘Who is holding his hand up?”

McConnell's apparent health issues, which have included him freezing up during a press conference and mysteriously vanishing for three months after a June hospitalization, are putting his Republican colleagues in an awkward spot when it comes to discussing their former Majority Leader.

"Republicans are literally running away from questions about Mitch McConnell," reported The New Republic's Ellie Quinlan Houghtaling on Thursday. "Kentucky Senator Rand Paul refused to acknowledge RawStory’s Adam Nichols when the digital site’s editor in chief asked about McConnell’s ability to remain in office, rushing into an elevator while he avoided eye contact."

Houghtaling continued, "Mississippi Senator Roger Wicker ran the same playbook, simply muttering, 'Oh man,' while he walked away from Nichols. As the elevator doors closed, Wicker relented and said that McConnell is a 'great guy.' Nebraska Senator Deb Fischer responded—sort of. She glared at Nichols when he inquired about McConnell’s ability to serve out the rest of his term. 'I think he is, yes,' Fischer said."

In September, psychologist Dr. John Garrison argued that the McConnell who recently returned to the Senate seemed to have “absolutely no idea what is going on.”

He continued, “He is unmoving. Just has a thumbs up and they are moving him along fast. This is a lot of what we're seeing from Mitch McConnell: frozen positions, his facial expression unchanging, no responsiveness to the environment around him. I think comprehension-wise, he is not comprehending what is being spoken to him. He does not understand what he is doing.”

Trump's AG pick is letting a a 111-year-old corpse dictate your rights

Todd Blanche is campaigning to become our real, confirmed Attorney General, presumably so he can better help Donald Trump, his corrupt family, and the 13 billionaires in his cabinet make off with as much of our money as they can.

Most recently, his campaign took him to the rightwing “religious” group Intercessors for America. When he was asked about progress in totally ending legal abortion in America, or at least Red State America, he told them:

“We don’t have complete victory yet, but we will have victory, and victory will be soon, and and it will be permanent.”

He added, later in the call:

“If states have said, ‘We are going to protect the unborn and we’re going to protect every life from the moment of conception,’ we’re putting practices and policies in place so that other states and other organizations can’t attack that. They can’t do things like they’re doing with mailing in mail-order drugs.”

So, how’s he going to pull this off? His sworn testimony before Congress may offer us a glimpse into the plan.

Ted Cruz asked him:

“18 USC 24 Section 1461, the Comstock Act, provides that every article or thing designed or adapted or intended for producing abortion is declared to be non-mailable. I have to admit that statutory text to me looks quite straightforward. It is not subtle. It is not difficult. It is straightforward. …
“[W]ill you commit that the Department will carefully evaluate every lawful action available to ensure the faithful enforcement of the Comstock Act and other Federal pro-life acts?”

Blanche answered: “Yes.”

How does he plan to “protect every life from the moment of conception”? Apparently, with the Comstock Act. And he may well have the backing of the six Republicans on the Supreme Court as their next step after their Dobbs decision.

Back during oral arguments before the Supreme Court in March of 2024, the Comstock Act was invoked repeatedly by Sam Alito, Clarence Thomas, and Erin Hawley, the wife of Republican Senator Josh Hawley, who was the lawyer arguing before the Court that the abortion drug, Mifepristone, should be banned nationwide.

Justice Sam Alito said:

“This [Comstock Act] is a prominent provision. It’s not some obscure subsection of a complicated, obscure law. Everybody in this field knew about it.”

Erin Hawley was emphatic:

“We don’t think that there’s any case of this court that empowers FDA to ignore other federal law. The Comstock Act says that drugs should not be mailed … either through the mail or through common carriers.”

And Clarence Thomas laid out the possibility of future litigation when he essentially threatened the lawyer for Danco Laboratories, the manufacturer of Mifepristone:

“How do you respond to an argument that mailing your product and advertising it would violate the Comstock Act?” He went on to note that the law “is fairly broad, and it specifically covers drugs such as yours.”

In other words, they want the Act enforced today.

So, what the heck is the Comstock Act and why are Republicans trying to revive it before the Supreme Court and in threatening letters to pharmacy chains?

You’ve probably never heard of Anthony Comstock, a Civil War Union soldier and New York Postmaster, who died in 1915. You need to learn about him and his legacy, however, as his long fingers are about to reach up out of the grave and wrap themselves around the necks of every American woman of childbearing years.

Anthony Comstock was a mama’s boy who hated sex. His mother died when he was 10 years old and the shock apparently never left him; women who didn’t live up to her ideal were his open and declared enemies, as were pornography, masturbation, and abortion. He was so ignorant of sex and reproduction that he believed a visible human-like fetus developed “within seconds” of sexual intercourse.

Comstock spent decades scouring the country collecting hard-core pornography, which he enthusiastically shared with men in Congress, and harassing “loose women.” For example, when he visited a belly-dancing show (then a new craze) in Chicago at the Cairo Theatre during the World’s Fair of 1893, he demanded the show be shut down.

As Amy Sohn, who wrote a brilliant Comstock biography titled The Man Who Hated Women, noted:

“Despite national controversy and Comstock’s intervention, ultimately the only alteration made to the fair’s belly dancing was costuming: the dancers swapped their gauze blouses for thin woolen undershirts. The vice hunter had lost in Chicago. But he would not forget the dancers, and would have four of them arrested and fined when they came to New York that winter. New York, after all, was Comstockland.”

Comstock lobbied for and shepherded through Congress a law passed on March 3, 1873 titled “An Act for the Suppression of Trade in, and Circulation of, obscene Literature and Articles of immoral Use.” Today we refer to it as the Comstock Act.

It’s language with regard to abortion is not at all ambiguous:

“Every obscene, lewd, lascivious, indecent, filthy or vile article, matter, thing, device, or substance … designed, adapted, or intended for producing abortion, or for any indecent or immoral use; and
“Every article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion, or for any indecent or immoral purpose; and
“Every written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, or how, or from whom, or by what means any of such mentioned matters, articles, or things may be obtained or made, or where or by whom any act or operation of any kind for the procuring or producing of abortion will be done or performed, or how or by what means abortion may be produced, whether sealed or unsealed; and
“Every paper, writing, advertisement, or representation that any article, instrument, substance, drug, medicine, or thing may, or can, be used or applied for producing abortion, or for any indecent or immoral purpose; and
“Every description calculated to induce or incite a person to so use or apply any such article, instrument, substance, drug, medicine, or thing—
“Is declared to be nonmailable matter and shall not be conveyed in the mails or delivered from any post office or by any letter carrier.” (emphasis mine)

The penalty is also not ambiguous. Persons mailing information about abortion, or drugs or devices to produce an abortion:

“[S]hall be fined under this title or imprisoned not more than five years, or both, for the first such offense, and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter.” (emphasis mine)

The Biden administration argued that the Comstock Act of 1873 was set aside almost a century ago.

And, indeed, in 1930, the Appeals Court for the Second Circuit ruled in Youngs Rubber Corp. v. C.I. Lee & Co that the law couldn’t apply to things sent through the mail that are legal, even if they were illegal at the time of the passage of the Comstock Act. (The case involved condoms manufactured by Youngs Rubber Company.)

“Such a construction,” the Court wrote, “would prevent mailing to or by a physician of any drug or mechanical device ‘adapted’ for contraceptive or abortifacient uses, although the physician desired to use or to prescribe it for proper medical purposes.”

The law has been amended by Congress four times (in 1955, 1958, 1971, and 1994), but the language above about abortion was never struck because legislators figured the 1930 appeals court’s ruling rendered it nugatory.

But don’t tell that to Trump’s appointee, Texas District Judge Matthew Kacsmaryk of Amarillo, who ruled in 2023 that Mifepristone was to be banned nationwide: he based a large part of his decision on the plain language of the Comstock Act.

Republican members of Congress agree, and want the Comstock Act enforced nationwide now. They think they don’t even need a ruling from the Supreme Court: they just need Todd Blanche to “enforce the law already on the books.”

In a letter sent to CVS (among other pharmacy chains), Mississippi Republican Senator Cindy Hyde-Smith and eight other Republican senators (Lankford, Daines, Braun, Rubio, Marshall, Risch, Crapo and Blackburn) wrote that the Biden interpretation (and that of Congress in 1955, 1958, 1971, and 1994) is wrong.

They explicitly asserted that the Comstock Act is still in effect and they want it enforced:

“We write to express our support and agreement with 21 [Republican] State Attorneys General,” they wrote “who have reminded you that Federal law in 18 U.S.C. 1461-1462 [the Comstock Act] criminalizes nationwide using the mail, or interstate shipment by any express company or common carrier, to send or receive any drug that is ‘designed, adapted, or intended for producing abortion.’”

The 1930 court ruling that lawmakers and judges had, for over 90 years, believed only applied the Comstock Act to items that were illegal (like child porn), Senator Hide-Smith wrote:

“[D]oes not protect CVS or any other individual or entity from being prosecuted within the five-year statute of limitations for the illegal mailing or interstate shipment of abortion drugs … even for conduct that occurs today.”

Keep in mind, under the plain language of the Comstock Act this could also apply to birth control pills, IUDs, and other things used to prevent pregnancy. And, of course, pornography and “masturbation devices” like vibrators.

The lawyer for Republicans defending Kacsmaryk’s ruling, Erin Hawley, went so far as to assert before the Fifth Circuit Court of Appeals that even physicians and pharmacies shouldn’t be able to receive Mifepristone or other drugs that could produce an abortion via the mail, FedEx, or UPS:

“What the Comstock law says is that it is improper to mail things that induce or cause abortions, which is precisely the action the FDA took in 2021 when it permitted the mailing of abortion drugs.”

If Hawley’s interpretation is enforced by Todd Blanche once he’s securely settled into his office with a vote by Republicans in the Senate, all abortions in the United States could be ended when drugs and suction and surgical devices designed specifically for the procedure can no longer be shipped to hospitals, clinics, or physicians’ offices.

This is no idle threat.

As Washington Post reporter Dan Diamond wrote for his Substack newsletter, anti-abortion activist Mark Lee Dickson, who’s helped several cities around the country put into law local versions of the Comstock Act, told him:

“If a future president were to enforce these federal statutes, then they could shut down every abortion facility in America.”

This is the specific goal of these mostly “Christian” religious fanatics: to completely outlaw all abortion and radically restrict access to birth control. And having Blanche start enforcing the law that’s already on the books, provoking a battle heading for the Supreme Court, is all it would take.

Such a case would, based on Blanche’s sworn testimony to the Senate, have Republicans, Clarence Thomas, and Sam Alito gleefully rubbing their hands in anticipation.

So, if you’re concerned about the future of abortion rights in America, it might be a good time to call your Senators — particularly if either is a Republican — and let them know your thoughts on Blanche’s nomination that’ll probably get a vote in the next two days.

Conservative says 'narrowing' divide spells doom for GOP in major red state

President Donald Trump relied on the support of white evangelical voters to win both of his presidential elections, in 2016 and 2024 — but a conservative writer argued on Sunday that he and his fellow Republicans may be gradually losing these same religious voters.

After describing the surprising strength of Democratic nominee James Talarico compared to Republican candidate Ken Paxton in the Texas Senate election, The New York Times' David French wrote that "to understand the religious dynamics of the Texas race, it’s important to absorb the true depths of the “God gap” in American politics. That gap isn’t just about white evangelicals (although it certainly is partly about them), and it’s one of the Democrats’ chief obstacles to obtaining a durable political majority."

French continued, "Any discussion of the God gap does have to begin with white evangelicals. Their numbers are vast (far more than twice as large as Black Protestants, the most loyal religious Democratic voters), and they vote in lock step. In 2024, white evangelicals voted for Trump by a 65-point margin, 82 percent to 17 percent. Trump lost all other voters by 18 points, 58 percent to 40 percent."

Although religious groups voted more heavily Republican in 2024 than in previous elections, French speculated that this may have had less to do with a permanent shift in party allegiances than in the possibility that "people of faith may not be lost to Democrats forever so much as they’re punishing Democrats — warning with their votes against the secularization and social radicalization of the far left." To support this hypothesis, he noted that President Joe Biden outperformed Vice President Kamala Harris considerably among these groups between 2020 and 2024.

French is not alone in noting that the Christian right is losing political clout and that religious voters may swing toward the Democrats. Last month, The Bulwark's Joe Perticone wrote that, ever since national abortion rights were overturned in the 2022 Supreme Court decision Dobbs v. Jackson, Christian right organizations that relied on the abortion issue to galvanize voters have been struggling instead.

"One of the major subplots in American politics over the past half-decade is evangelical Christians—the political constituency without which Trump would have never been elected president—becoming the dog that caught the car," Perticone explained. "They just haven’t had much reason to go to the polls since June 2022, when the Supreme Court overturned the legal right to an abortion in its landmark Dobbs v. Jackson Women’s Health Organization decision."

Trump's behavior has also turned off some Christian voters. For example, John Whitehead – founder of the powerful Christian legal movement – has argued that the movement has “gone astray" in the Trump era.

The top target for anti-abortion groups in 2026

This week would have marked the 53rd anniversary of Roe v. Wade, the 1973 Supreme Court decision that legalized abortion nationwide — that is, until 2022, when the court overturned it. Since then, abortion has been banned in 13 states and severely limited in 10 others.

Yet anti-abortion activists remain frustrated, in some cases even more so than before Roe was overturned.

Why? Because despite the new legal restrictions, abortions have not stopped taking place, not even in states with complete bans. In fact, the number of abortions has not dropped at all, according to the latest statistics.

“Indeed, abortions have tragically increased in Louisiana and other pro-life states,” Liz Murrill, Louisiana’s attorney general, said at a Senate Health, Education, Labor, and Pensions Committee hearing this month.

That’s due in large part to the easier availability of medication abortion, which uses a combination of the drugs mifepristone and misoprostol, and particularly to the pills’ availability via mail after a telehealth visit with a licensed health professional.

Allowing telehealth access was a major change originally made on a temporary basis during the covid pandemic, when visits to a doctor’s office were largely unavailable. Before that, unlike most medications, mifepristone could be dispensed only directly, and only by a medical professional individually certified by the Food and Drug Administration.

The Biden administration later permanently eliminated the requirement for an in-person visit — a change the second Trump administration has not undone.

While the percentage of abortions using medication had been growing every year since 2000, when the FDA first approved mifepristone for pregnancy termination, the Biden administration’s decision to drop the in-person dispensing requirement supercharged its use. More than 60% of all abortions were done using medication rather than a procedure in 2023, the most recent year for which statistics are available. More than a quarter of all abortions that year were managed via telehealth.

Separately, President Donald Trump’s FDA in October approved a second generic version of mifepristone, angering abortion opponents. FDA officials said at the time that they had no choice — that as long as the original drug remains approved, federal law requires them to OK copies that are “bioequivalent” to the approved drug.

It’s clear that reining in, if not canceling, the approval of pregnancy-terminating medication is a top priority for abortion opponents. This month, Susan B. Anthony Pro-Life America called abortion drugs “America’s New Public Health Crisis,” referencing their growing use in ending pregnancies as well as claims of safety concerns — such as the risk a woman could be given the drugs unknowingly or suffer serious complications. Decades of research and experience show medication abortion is safe and complications are rare.

Another group, Students for Life, has been trying to make the case that the biological waste from the use of mifepristone is contaminating the nation’s water supply, though environmental scientists refute that claim.

Yet the groups are most frustrated not with supporters of abortion rights but with the Trump administration. The object of most of their ire is the FDA, which they say is dragging its feet on a promised review of the abortion pill and the Biden administration’s loosened requirements around its availability.

President Joe Biden’s covid-era policy allowing abortion drugs to be sent via mail ”should’ve been rescinded on day one of the administration,” SBA Pro-Life America’s president, Marjorie Dannenfelser, said in a recent statement. Instead, almost a year later, she continued, “pro-life states are being completely undermined in their ability to enforce the laws that they passed.”

Lawmakers who oppose abortion access are also pressing the administration. “At an absolute minimum, the previous in-person safeguards must be restored immediately,” Senate HELP Committee Chairman Bill Cassidy said during the hearing with Murrill and other witnesses who want to see abortion pill availability curtailed.

Sen. Jim Banks (R-Ind.) said at the hearing that he hoped “the rumors are false” that “the agency is intentionally slow-walking its study on mifepristone’s health risks.”

The White House and spokespeople at the Department of Health and Human Services have denied the review is being purposely delayed.

“The FDA’s scientific review process is thorough and takes the time necessary to ensure decisions are grounded in gold-standard science,” HHS spokesperson Emily Hilliard said in an emailed response to KFF Health News. “Dr. Makary is upholding that standard as part of the Department’s commitment to rigorous, evidence-based review.” That’s a reference to Marty Makary, the FDA commissioner.

Revoking abortion pill access may not be as easy as advocates hoped when Trump moved back into the White House. While the president delivered on many of the goals of his anti-abortion backers during his first term, especially the confirmation of Supreme Court justices who made overturning Roe possible, he has been far less doctrinaire in his second go-round.

Earlier this month, Trump unnerved some of his supporters by advising House Republicans that lawmakers “have to be a little flexible” on the Hyde Amendment to appeal to voters, referring to a decades-old appropriations rule that bans most federal abortion funding and that some Republicans have been pushing to enforce more broadly.

And while the anniversary of Trump’s inauguration has many analysts noting how much of the Heritage Foundation’s Project 2025 blueprint has been realized, the most headline-grabbing portions on reproductive health have yet to be enacted. The Trump administration has not, for example, revoked the approval of mifepristone for pregnancy termination, nor has it invoked the 1873 Comstock Act, which could effectively ban abortion nationwide by stopping not just the mailing of abortion pills but also anything else used in providing abortions.

Still, abortion opponents have decades of practice at remaining hopeful — and playing a long game.

HealthBent, a regular feature of KFF Health News, offers insight into and analysis of policies and politics from KFF Health News chief Washington correspondent Julie Rovner, who has covered health care for more than 30 years.

KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF—an independent source of health policy research, polling, and journalism. Learn more about KFF.

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Left Behind: Trump is abandoning the evangelical base that elected him

President Donald Trump long relied on evangelicals and other religious Christians to power his presidential campaign. Now, according to a recent report by The Bulwark, these same devout individuals are finding that Trump is abandoning their political interests.

"One of the major subplots in American politics over the past half-decade is evangelical Christians—the political constituency without which Trump would have never been elected president—becoming the dog that caught the car," wrote The Bulwark's Joe Perticone on Tuesday. "They just haven’t had much reason to go to the polls since June 2022, when the Supreme Court overturned the legal right to an abortion in its landmark Dobbs v. Jackson Women’s Health Organization decision."

Perticone added, "The Family Research Council’s Pray Vote Stand Summit was once a marquee political gathering for evangelicals and their allies in politics. But at this year’s event in Leesburg, Virginia, decline was evident everywhere, from the downsized venue far outside the Beltway to the sparse attendance and general lack of interest from elected officials. When the organization’s leader, Tony Perkins, addressed the audience, it became clear that he has been relegated to the D.C. sidelines after enjoying years of high-contact play as a leader in the anti-abortion movement."

The reporter added that Tony Perkins, who leads the Family Research Council, has called out Trump as well as a Democrat they more traditionally oppose, former President Joe Biden.

"Throughout the event, he expressed frustration with the Trump administration for a lack of interest in addressing abortion rates, and with Congress for claiming to be pro-life while showing little follow-through," Perticone observed. He quoted Perkins as saying that "we’re fighting for this life issue that many people thought was solved in 2022 when the Court overturned Roe, but it’s more of a battle today than it was then,” continuing that conservatives “have an administration that’s not as committed to it as we’ve seen before.”

Perticone also detailed how several prominent Republicans have snubbed the once-hot ticket of going to the Family Research Council events.

"House Speaker Mike Johnson moved from confirmed speaker, to no longer on the roster, to appearing via Zoom on the final day," Perticone wrote. "Rep. Keith Self (R-Texas), Rep. Mary Miller (R-Ill.), Sen. Katie Britt (R-Ala.), and Sen. James Lankford (R-Okla.) all appeared on the confirmed speakers list at one point or another, but none was on the final roster. Sen. Roger Marshall (R-Kan.), who is struggling through a surprisingly tight race this November (ironically, facing a Democratic nominee who pastors a megachurch), also dropped off the confirmed speakers list at some point this summer."

While the Christian right today is rife with anti-Semitism, racism and misogyny, there are also individuals within the movement who criticize Trump for his intolerance. For example, earlier in September MAGA loyalist Tim Moore wrote an editorial for Washington Examiner arguing that Trump's anti-immigrant agenda is abandoning persecuted Christians in non-white countries.

"There’s one confusing inconsistency in Trump’s defense of Christians, though, and as a stalwart supporter, I fear he may be listening to some bad advice on this theme that could significantly depress evangelical turnout in November," Moore wrote.

After pointing out that Biden had welcomes 29,478 Christian refugees from 50 countries during his term, in 2026 Trump had invited none.

"Countries like Afghanistan, Burma, Iran, and the Democratic Republic of Congo," Moore wrote, saying that among the 50 countries on the Watch list roughly 388 million people are persecuted for their religious beliefs.

"And hundreds of thousands were newly forced to flee their homes because of religious persecution," he added.

Parallel reality: Trump's plot to airbrush history weeks before the election

— Six Justices Just Handed Trump a Voter-Purge Machine, but Told Him to Wait Until the Next Election to Use It. Yesterday, the six corrupt Republican ideologues on the Supreme Court voted 6-3 to let the Trump regime go forward with their plan to create a national database of Trump-approved, GOP-approved voters that they intend to then force upon the states in violation of the Constitution. This overturned a June ruling from Judge Sparkle Sooknanan, who found the government had “knowingly trampled on the privacy rights of American citizens.”

The GOP’s SAVE database was first built in 1986 to provide information on Social Security applicants and their benefits and Republicans now want to use it to solve the non-existent problem of non-citizen voting. The system is clunky and badly flawed, and, as Democracy Docket points out, naturalized citizens are often latecomers to the system so they keep getting flagged and canceled. Given that the majority of naturalized citizens since we lifted racial/national origin quotas in 1965 have been non-white people, they’re exactly the folks Republicans don’t want to vote, so in the GOP’s way of thinking this is just fine.

Justice Jackson, joined by Sotomayor and Kagan, wrote that disenfranchising even a few lawful voters outweighs the “nonexistent harm” to a government doing something it likely lacks the authority to do (the Constitution gives voting to the states, not the feds). The unsigned Republican majority opinion — none of the on-the-take Republicans was willing to put his or her name on it — did helpfully note that federal law bars systematic purges in the 90 days before an election, which “limits the potential impact” this year.

Translation: the GOP national voter purge machine is now legal, it just has to idle until the presidential election in 2028, which will determine whether the next crop of SCOTUS nominees will come from a Republican or a Democratic president. Marc Elias called it “a dangerous decision for voters.”

Meanwhile, the same Justice Department is dispatching more than 1,000 “monitors” to polling places in what Harmeet Dhillon proudly calls the “biggest DOJ election observer effort in history.” CNN found that several of the “monitors” DOJ hired during this year’s primaries were Republican partisans who’d helped challenge Trump’s 2020 loss, and one even has pleaded guilty to illegally accessing a government elections website in 2016.

Even Wyoming’s Republican officials complained that the feds’ intrusions into their election systems were disruptive and weirdly fixated on the voting machines. Nothing says “election integrity” quite like sending convicted hackers and Stop-the-Steal alumni to hover over the ballot scanners. Vote early, check your registration, and bring a friend.

— Money In, Regulation Out: How $50 Million Bought the AI Industry a Get-Out-of-Oversight-Free Card. Back on September 11, 2024 the Biden Commerce Department proposed requiring AI companies to tell the government what they’re building and how it’s working. It wasn’t regulation, but it could have laid the foundation for that. Then, as The Lever points out, the checks being written to Trump and his family started clearing the bank and suddenly the proposed rule was simply abandoned.

A company tied to Sam Altman gave Trump’s personal MAGA Inc. SuperPAC $5 million in January 2025; Marc Andreessen and Ben Horowitz kicked in $9 million that March; Elon Musk added another $5 million in June. In September 2025, OpenAI president Greg Brockman and his wife wrote MAGA Inc. a $25 million check, and — surprise! — less than three months later the rule was quietly withdrawn from the federal regulatory agenda.

So much for the industry’s claims that they want federal regulation; it appears that they just want rules onerous enough to keep out smaller competitors.

In the year since, OpenAI’s own bots broke into the Australian government’s website and, asked what guardrails the industry needs, Trump explained that the only guardrail required is a “strong and smart (High IQ!) president.” So we’re covered, then. This is Roberts’ and Clarence Thomas’ sordid Citizens United legalized bribery system working exactly as designed: the people building the most dangerous technology in human history simply pay $50 million for the privilege of not having to tell anybody what they’re doing with it.

— Americans Feel Worse About the Economy Than at Almost Any Time Since Harry Truman, and Trump Wants to Know Why Nobody’s Grateful. The University of Michigan has been measuring consumer sentiment annually since 1952, and this year came in the second-lowest during that entire history; only Harry Truman was worse, at the peak of the Korean War. In other words, Americans are more pessimistic today than they were during Vietnam, the 1970s oil shock, 9/11, the Great Recession, and even the deadly pandemic.

The reasons are both obvious and subtle: obvious causes include gas and diesel prices spiking because of Trump’s war with Iran, tariffs pushing prices up, mortgage rates are back above 7 percent, and the Fed just raised interest rates again. The subtle reason probably has more to do with Americans realizing — with horror — that Trump and the Republicans have been lying to them for years while feathering their own nests at the expense of the working class.

This is what 45 years of Reaganomics looks like as we approach what may well be the end of the neoliberal road, and as the last bill for trickle-down finally comes due the guy who could do something about it is spending his evenings in his bedroom with Natalie generating heroic AI pictures of himself.

— JD Vance Found 760,000 “Phantoms” on Obamacare. Funny How Many of Them Are Just Poor People. We all buy insurance and we all hope we’ll not need to use it; apparently nobody ever shared that insight with JD Vance or vitamin-hustler Dr. Oz. This week they threw 760,000 people off the Affordable Care Act plans and are examining another 419,000 people, an act they say will “save” America $2.2 billion.

Bizarrely, Oz declared, “These are not real people.” His evidence? About 35 percent of dumped enrollees never used their insurance, which he said was “just not possible.” Anybody who’s ever paid a premium and stayed healthy knows that’s the best outcome any of us can hope for. They’re reportedly using AI to flag these people, apparently looking for minor paperwork slipups, and also going after people in the Red states that didn’t expand eligibility for Obamacare.

Georgetown’s Edwin Park pointed out the whole design is to “make it incredibly burdensome” to stay covered. Nearly 3 million people have already lost marketplace coverage since Republicans let the subsidies expire with their Big Beautiful Bill for Billionaires. They couldn’t repeal Obamacare, so they’re just starving it, one “ghost” family at a time.

— Test Scores Hit a 25-Year Low. Trump’s Answer — Just Like With His Economic Numbers — Was to Fire the People Who Count Them. American kids’ reading and math performance has fallen to its lowest point in a quarter century, in part because the federal agency built to help our schools and students has been gutted. When DOGE canceled nearly $900 million in Education Department contracts last year, the National Center for Education Statistics, the agency that produces The Nation’s Report Card, went from about 100 employees to four. It’s now up to a dozen.

Peggy Carr, the commissioner fired after nearly four decades there, says the most painful loss was the Early Childhood Longitudinal Study, a $47 million project tracking 15,000 kindergartners who started school in 2023, the first cohort born after Covid. Musk’s pimply-faced boys killed it midstream, so the most expensive part of the study had already been paid for but the data is now gone forever. Same story with a study that followed 23,000 ninth graders from 2009 into their thirties, canceled in its final lap. We then had to pay millions in termination fees to the contractors. Now that the main education push from the GOP is to sell vouchers and post the Ten Commandments in classrooms, it’s easy to figure out why Republicans would want the agency that lets us know how our kids are doing to be hobbled or even killed off, as the billionaire wrestling promoter in charge of our Education Department, Linda McMahon, appears committed to doing.

When Trump said he loved “the uneducated” he was dead serious.

— Trump’s FDA Pick Can’t Say Whether an IUD Is an Abortion. That’s Not a Slip, It’s the Plan. Dr. Heidi Overton, the White House domestic policy adviser Trump nominated to run the FDA after Marty Makary bailed, sat before the Senate HELP Committee on Thursday and flat-out refused to answer a simple yes-or-no question.

Sen. Patty Murray noted that last year the administration labeled contraception “abortifacient birth control” while destroying $10 million in contraceptives including IUDs meant for women overseas, then asked Overton point-blank whether an IUD causes an abortion. Overton pivoted to “food safety pillars.” Murray asked again. Overton said she’d be “fully briefed on all their prior decisions” if confirmed. Murray then correctly pointed out that an FDA commissioner who doesn’t know birth control isn’t the same thing as an abortion is “deeply alarming.” With that, Murray was being way too polite dealing with this naked liar: Overton knows perfectly well what an IUD does; she coauthored a 2023 paper for Stephen Miller’s America First Policy Institute calling the abortion pill mifepristone “dangerous to women” despite more than 100 studies saying otherwise, and she told senators she’s also open to investigating the pill’s manufacturers.

Even Republican Josh Hawley and Republican Chairman Bill Cassidy came away unimpressed.

The theocrats have already succeeded in outlawing legal abortion in half the country; contraception is the their next (and longtime) target, and the way they’ll get there is by installing someone at FDA who’ll “review” the science until it says what these rightwing so-called “Christians” want. Trump went to his Nazi-infested social media site and called her a “ROCKSTAR.” Call your senators at 202-224-3121 and let them know what you think.

— Geeky Science! Your Aging Brain Isn’t Failing, It’s Being Promoted. Every time you walk into a room and forget why, you’ve probably chalked it up to age-related decline in mental faculties, but a new paper in Perspectives on Psychological Science from the University of Arizona argues that’s the wrong story for us to tell ourselves. Drawing on molecular biology and neuroimaging, Fabian-Xosé Fernandez, Sara Burke, and Lynn Nadel propose an “adaptive aging hypothesis”: their hypothesis is that late life is an actual developmental stage, not a slow-motion breakdown.

The hippocampus, the one-day scratchpad in our brain that captures the fine-grained details of an experience, gradually hands off those details to the frontal cortex, which specializes in gist, meaning, and the big picture. A younger brain needs to hoard the day’s details because it has no reference library; an older brain has a vast store of knowledge so instead of noticing details it instead tries to put them into historical context to understand their meaning.

That trade-off, the authors argue, is exactly what makes older adults “wise” and thus well-suited for the traditional elder roles of mentoring, teaching, and storytelling. “If we look at normative aging as a story of just decline, we are really missing the boat,” Fernandez told the Association for Psychological Science.

The Washington Post has a good summary of the thinking. This is a hypothesis paper, not a clinical trial, and the authors point out that Alzheimer’s appears to hijack exactly this transition, giving even more credence to their concept. Older cultures universally respect their “wise elders”; it’s long past time that we stop discounting the wisdom that comes with age.

— Crazy Alert! Trump Posted an AI Picture of Xi’s Arrival and Somehow Lost His Own Wife. On Thursday, as Xi Jinping’s plane landed at Joint Base Andrews, Trump (or Natalie) posted an image on his Nazi-infested failing social media site of himself saluting stoically beside the Chinese president while a bomber roared overhead. The only problem is that the actual video shows Melania Trump and Xi’s wife Peng Liyuan standing right there with them. In Trump’s/Natalie’s version, however, both first ladies have vanished. The one woman who survived the edit is a blonde with her hand over her heart, which set the internet on fire with the theory that Natalie Harp had erased Melania and inserted herself.

Fact-checkers say that the figure in question is actually the chief of protocol Monica Crowley, who posted her own photos from the tarmac, though Aaron Rupar argued her face appears to have been altered to make her look an awful lot like Harp. No explanation from the White House. This is, of course, nothing new for strongman dictators: Stalin routinely airbrushed his enemies out of photographs.

MAGA candidate suggests he violated campaign finance laws in leaked audio

In Colorado's 2026 gubernatorial race, far-right Republican Victor Marx is up against State Attorney General Phil Weiser — who, according to a recent New York Times poll, has a 12 percent lead over him. But Marx's poll numbers may not be his only problem. According to Kyle Clark — a reporter for 9NEWS KUSA in Denver — Marx "suggests," in a "new audio recording, "that his campaign filed someone else's large contribution under Marx's name to avoid campaign finance limits."

In a mid-September thread on X, formerly Twitter, Clark reports, "Colorado individual donation limit is $1450 per campaign. But there's no limit on candidates self-funding. Marx recently told supporters that his campaign 'put my name on' a $5000 contribution from an LLC 'to get the $5000 into the campaign account ... But Marx has denied ownership of the LLC ... because it's the LLC running an online merchandise shop selling merch and meetings with Marx for up to $1300. Marx says the money isn't going to him but he won't say where it's going."

Clark notes that "this only came to light because we noticed an obscure campaign finance filing for a $5000 licensing fee paid by the anonymous, Wyoming-based LLC to the Marx campaign."

"The campaign's filing identified Marx as the LLC's owner," Clark reports. "He's denied all involvement."

Clark, in his X thread, goes on to note some "questions the Marx campaign won't answer."

"Where is his supporters' money going?" Clark writes. "Does Marx/his LLC profit from the merch store? Why did his campaign's filing say it's his LLC? If it's not his LLC, did his campaign falsely claim otherwise to allow the $5k contribution? … Marx has successfully avoided taking questions on these issues by only appearing with media outlets and interviewers who will not ask. Marx has likened our campaign finance questions to 'stalking,' describing me as a 'psycho trans person.'"

In late August, the Colorado Democrats website published an article describing a "terrible, no good, very bad week for Republican Victor Marx."

According to Colorado Democrats, "MONDAY: A senior Fox News columnist called out Marx as a prime example of MAGA recklessness and extremism under Trump in a piece for The Hill: Has questionable MAGA behavior become a new norm? … TUESDAY: Republican National Committee Chair Joe Gruters did an extended sit-down with CBS Colorado to shore up the GOP ticket, much like US House Speaker Mike Johnson the week before. And just like Johnson, Gruters almost fell apart when asked about the national party's support for extremist Marx … THURSDAY: Marx's disgusting, inflammatory comments about abortion, women and the Black community were brought to light and slammed by women who've led on protecting abortion freedoms in Colorado: former state representative Leslie Herod, and advocates from COLOR, Cobalt, Planned Parenthood alongside Colorado Democratic Party’s Executive Director."

The toxic Republican coincidence that happened the day Gloria Steinem died

Whenever I spoke with Gloria Steinem on my program over the years, I always got a sense of a person with both incredible charisma, intellect, and a real grasp of what power was and how to use it. She was a force of nature.

When the announcement that she’d passed away at 92 hit the news yesterday morning, it perfectly juxtaposed against the story the major “conservative” site Townhall had published titled, “No, the World Would Not Be a Better Place If Women Ran It.” Their point was:

“Anyone who went through middle school, junior high or high school knows full well the kind of nasty behavior that females are capable of.”

Nobody planned that coincidence; there’s so much hate against women floating around in Republican circles these days that if it wasn’t that piece it’d be something else, but it highlights a worrying trend in American culture and politics, one with echoes of a troubling past.

Back in 1972 Louise and I got married, and when she went to get her first credit card in her own name I had to co-sign for her. Not because I was more creditworthy; she’d been supporting herself by working since she was 15. It was the bank’s requirement because she was a woman.

That year was a bit of a touchstone for the women’s movement.

It was the year Steinem’s Ms. magazine sold out its entire 300,000-copy run in eight days; the year that her first issue ran a “We Have Had Abortions” statement signed by 53 women including Steinem, Billie Jean King, and Susan Sontag all confessing to what was then a crime; the year Congress passed the Equal Rights Amendment and sent it to the states; and the year Title IX became law.

And even though our culture was racing ahead, my bank still demanded a man’s name on the signature line. It wasn’t until Congress passed the Equal Credit Opportunity Act in 1974 that a woman — of any age or income — no longer needed a husband, father, brother, uncle, or male friend to co-sign for credit, a mortgage, or pretty much anything else. And, more often than not, the credit history belonged to the man and didn’t mention the woman, so a divorce or a death could erase everything she’d built.

While this may sound both dystopian and like ancient history to today’s young people, it’s a world that many within the GOP are actively trying to recreate.

Pastor Joel Webbon, for example, has been preaching for years that women shouldn’t have a voice in American politics because, he says, a woman’s political voice properly comes from her husband, and if she isn’t married, from her father, brother, uncle or whichever man in her life “loves her most.” That’s the same list Louise’s bank used: husband, father, brother, uncle, family friend...

Webbon helped write “The Statement on Christian Nationalism and the Gospel” alongside Oklahoma state Senator Dusty Deevers and former Trump administration official William Wolfe. His “Right Response Conference” has put Doug Wilson, Stephen Wolfe, Steve Deace, and Auron MacIntyre on stage. He’s endorsed candidates, and he sat for a ten-part interview series with notorious neo-Nazi Nick Fuentes.

He’s part of the “TheoBros” network, which is connected to Republican officeholders mainly through Defense Secretary Pete Hegseth’s church membership and VP JD Vance socializing with people in it.

Whiskey Pete belongs to Doug Wilson’s Communion of Reformed Evangelical Churches (CREC), and last year our SecDef reposted a CNN segment in which Wilson and other CREC pastors proclaimed their belief that women shouldn’t vote. Instead, they argued, an entire household should have a single vote, and it should be exclusively cast by the man of the house.

In February of this year, Pete invited Wilson to preach at the Pentagon’s monthly worship service, itself a violation of the Constitution, stood beside him on stage, and broadcast the entire event on the Defense Department’s internal TV network.

In the Pentagon, Hegseth has become obsessed with pushing women out of leadership roles and instituted mandatory testosterone screening in the name of “lethality.” And over at HHS, the former heroin- and sex-addicted lawyer with no medical training whatsoever Trump put in charge seems equally obsessed with his own masculinity and testosterone levels.

These are the men Republicans think should be role models for the generation of boys and young men coming up today:

— Hegseth paid $50,000 in a confidential settlement to a woman who told Monterey police that he took her phone, blocked the door of a hotel room, and assaulted her as she kept saying, “No.”

—Kennedy kept a 398-page journal in 2001 with a ledger in the back listing 37 women by first name, each rated on a scale of one to ten according to how far things had gone. His wife Mary Richardson Kennedy found it, and her family has always believed his promiscuity contributed to her death by suicide in 2012.

— Trump has been held liable by one jury for sexually abusing E. Jean Carroll and by a second for defaming her about it. The Epstein files the Justice Department tried to keep buried include FBI interview summaries in which a woman alleged that Epstein introduced her to Trump when she was somewhere between 13 and 15, that he forced oral sex on her, and that he beat her up when she bit his tiny penis. He publicly cheated on all three of his wives, and bragged to Billy Bush that he could sexually assault any woman he wanted because, he said, “when you’re a star, they let you do it.”

— Then there’s Musk, who’s fathered at least 14 children with multiple women. While Hegseth, Trump, and Kennedy seem to think the sole role of women is to be arm candy and to provide pleasure in bed, Musk apparently thinks they’re most useful as toaster ovens for white babies.

These are the men writing the rules for our daughters and granddaughters.

And that year Louise and I got married seems to have been one of history’s hinge points. Lewis Powell wrote his infamous Memo in 1971 and Nixon put him on the Court to carry it out the following year. My old debating nemesis Phyllis Schlafly started her Eagle Forum to fight ratification of the Equal Rights Amendment in 1972.

The Heritage Foundation was founded the next year, in 1973, the same year the Supreme Court decided Roe, and it all laid the foundation for Rush Limbaugh to spend decades trash-talking “Feminazis” and pushing his Hillary Clinton Testicle Lock Box. Andrew Tate carries on his crusade, as does Trump’s former body man, John McEntee, who joked that when conservatives said they wanted mail-only voting “they meant male, spelled m-a-l-e.”

Many men and businesses think they benefit when women can’t have an economic life independent of them, can’t start a business, or take a risk, or even negotiate on their own behalf. Women’s liberation gave half the American workforce the power to walk away from a bad marriage or a bad job, and Republicans are resentful of it.

But the cost to both women and society for this resurgence of naked misogyny is huge. ProPublica found, looking at 7 years of Texas hospital data, that after that state banned abortion, sepsis rates jumped more than 50 percent and that maternal deaths have been climbing in Texas while falling in Blue states.

Texas’ Attorney General is right now pushing criminal charges and a $1.6 million bond against a Houston midwife, while in Missouri Republican legislators are pushing a state registry of expectant mothers they can then monitor to make sure they don’t get an abortion.

Elon Musk’s Grok AI has generated an estimated 23,000 sexualized images of children and a reported 1.8 million sexualized images of women in just 11 days, after which Musk posted that he was “not aware of any naked underage images generated by Grok. Literally zero,” as his company put the feature behind a paywall, monetizing it.

Meanwhile accused rapist Andrew Tate — whose $8,000-a-year War Room ran a PhD course on seducing, isolating, and pushing women into sex-cam work — has cultivated the president’s youngest son, with an associate telling the New York Times he’d given Barron dating advice while Tate became a big brother to him.

This is all incredibly damaging to young men, as well. These views of women and male dominance produce men who can’t ask for help, can’t be a real partner, and can’t ever truly get close to anyone including their own families. And these incels blame their loneliness on the women, sometimes with murderous violence.

One of the great missions of Gloria Steinem’s life, as she told me more than once on my program, was the fight for the Equal Rights Amendment, first introduced in 1928 and re-introduced in 1972, that says, simply:

“Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”

It’s impossible to measure how many discoveries and accomplishments for the human race we’ve already lost to the suppression of women’s agency and rights, but now is a great time to take the next step toward ending this horror.

The Equal Rights Amendment has been ratified by 38 states, the number the Constitution requires, but Republicans are still fighting it by claiming that they weren’t ratified before 1982 and therefore aren’t valid. The Republicans on the Supreme Court refuse to examine the case.

Two weeks ago, the new Archivist of the United States told senators he’ll stick with his predecessor’s refusal to certify it, following a Justice Department opinion rather than the plain text of Article V of the Constitution, which doesn’t mention dates or times for constitutional amendments at all.

Congress can settle this and establish women’s rights by law with a simple resolution with a majority vote.

So, call the Capitol Switchboard at 202-224-3121 and tell your representative and both senators you want them co-sponsoring the resolution affirming ERA ratification. Then check your registration at vote.org, because Republicans are again openly discussing repealing the Nineteenth Amendment that gave women the vote.

I signed for Louise in 1972 because the bank required it; nobody should have to do that ever again. We need to put women’s rights into the Constitution, where no rightwing politician can again challenge them.

Trump’s worst issues are uniting red and blue voters ahead of midterms

A surprising new report has found agreement among both Democrat and Republican voters on key issues tied to some of President Donald Trump's biggest failings, per a report from SFGate, signaling more trouble to come for the GOP in the coming midterms.

In a report published Friday, SFGate broke down the findings of a new voter survey from the Public Policy Institute of California, which sought to map out "some core findings from California’s political divide," and in the process, affirmed "many long-held stereotypes" while also uncovering "some key surprises."

The survey that several of the state's traditional "conservative stronghold" counties have seen a marked shift to left politically, with Republican voters broadly agreeing with Democrats on "three key issues."

"The majority of Californians support action on climate change and abortion access, and view immigration positively, the study found," SFGate explained. "Only Shasta County and the central eastern border of the state (including counties like Inyo and Mono counties) have support for immigrants at less than 50 percent. The highest support for independent state action on climate change is around the San Francisco and Los Angeles metropolitan areas, but 65 percent of all state residents support it. Even abortion access, a perennially controversial issue, has most Californians in agreement — 70 percent support it without restrictions or with restrictions that leave it mostly legal."

While immigration has long been thought of as Trump's best issue with voters, the overt tactics of ICE and CBP during his second term mass deportation drive have soured many voters and sent his approval on the issue underwater in several polls. Abortion rights have also been a persistent thorn in his side since his three Supreme Court justices helped overturn Roe v. Wade in 2022. Republicans have attempted to hide from the issue ever since it was widely blamed for the party's underperformance in that year's midterms.

The survey also found an overall consensus on the negative state of the economy among both red and blue voters, with most believing that tough times are ahead. This is well in line with what poll after poll has found about voter sentiment heading into the midterms, with most voters saying that the rough state of the economy is their number one issue and a growing number blaming Trump for the situation outright.

"Overall, most Californians think rough economic conditions are ahead, though the liberal areas are the most concerned," SFGate added. "Over 80 percent of parts of the Bay Area and central LA predict bad economic times ahead, and more than 60 percent think that’s true in the far north and Central Valley."

Inside the Supreme Court's favorite new tool to wipe out modern laws

When rationalizing its alarming injection of politics into legal decision, conservatives on the John Roberts Supreme Court are dumping years of legal analysis and precedent in favor of historical arguments. In essence, legal theory appears to be taking back seat to what law in America used to look like, says Florida International University philosophy Associate Professor Eric Scarffe.

They’re using history, said Scarffe, to do what judicial philosophy long has not: remove judgment from judging.

“Rather than promoting judicial restraint, … key cases reveal how the ‘history and tradition test’ has been weaponized to enable one of the most radical revisions to this nation’s constitutional order since the New Deal,” argued Scarffe. “It has been used not only to overturn previous decisions and precedent, but also to fundamentally shift the way the Court engages in judicial review.”

Courts traditionally weigh interests, assess evidence, and openly confront competing constitutional values. But cases like the Wolford v. Lopez, which the court used to strike down Hawaii’s restrictions on carrying firearms on private property that is open to the public, the court made a decision based entirely upon whether a sufficiently similar restriction existed at some point during the nation’s founding.

This can be used to kill a lot of good laws, considering many of them did not exist at the nation’s founding. In Dobbs v. Jackson, for example, the Court did not ask whether abortion restrictions infringed upon choices central to dignity and autonomy, said Scarffe.

“Rather, it asked whether a constitutional right to abortion was deeply rooted in the nation’s history and tradition. The Court’s answer, of course, was that it was not.”

Scarffe argues that it’s hard to escape the conclusion that this is the point very point of employing the history test.

“First, if we take the history and tradition test to its logical conclusion, more than just abortion rights are at stake. Indeed, it seems unlikely that you would find deeply rooted in this nation’s history rights to the use of contraceptives, gay marriage, interracial marriage, or even the idea that rights articulated in the Constitution place limits on state governments (as opposed to just the federal government),” said Scarffe.

Second, Scarffe said the history and tradition test is no longer being used by the Court to step lightly on so-called unenumerated rights not written into the Constitution, like abortion or physician-assisted suicide. Rather, it is being used to declare unconstitutional laws passed by the federal or state governments, like the Voting Rights Act or Hawaii’s gun legislation.

“Far from being a tool to let states decide for themselves, this past term the history and tradition test has morphed into a tool for the conservative majority to overturn progressive precedent and progressive legislation,” warned Scarffe. “The Court, in short, is making perhaps its strongest case to date for the need for its reform, should Democrats take back the House this fall — for if the Court now claims authority to strike down any legislation that does not fit its politics, there appear to be few other choices left.”

Kansas voters reject GOP-led amendment to state constitution

TOPEKA — Kansas voters Tuesday overwhelmingly rejected a proposal to rewrite the state constitution and elect Kansas Supreme Court justices, spiking a plan long coveted by Republicans who want more conservative rulings on issues including abortion and school funding.

About 62% of Kansans were voting “no” on the constitutional amendment with 593,695 votes counted as of 11:15 p.m.

“This victory is beyond gratifying,” said retired Supreme Court Justice Carol Beier, who opposed the amendment. “Kansans have made their wishes known, and those wishes are noble. The Kansas Supreme Court must remain fair and impartial for every citizen. It cannot and will not be bought to give a few an unfair advantage.”

The primary ballot asked voters to evaluate a proposal that would spike a 68-year-old system for selecting justices for the highest court, a system born out of scandal from an era when justices were elected and the governor had total control over selecting replacements.

The amendment instead would give voters the power to vote on candidates for the Supreme Court, and mega-donors the power to influence court decisions.

Danedri Herbert, chair of the Kansas Republican Party, issued a warning Tuesday morning that the vote on whether to elect Supreme Court justices was “the most important election of our lifetime.”

“Yeah, I know everyone says that every year,” Herbert said. “This cycle, it’s true.”

Herbert, in a social media video, said the constitutional amendment “is the difference between Kansas becoming Detroit or Kansas becoming a land of prosperity.”

Conservatives have long raged against Kansas Supreme Court rulings that upheld constitutional rights to terminate a pregnancy and adequately fund public schools. They plotted to change the way Supreme Court justices are selected and, as a result, overturn those rulings.

With supermajorities in both the House and Senate, Republicans in the Legislature adopted a resolution during the 2025 session to place this constitutional amendment on the 2026 primary ballot. The goal was to hold the vote on a date when independent voters would have no other reason to show up at the polls. Republicans hold a sizable advantage over Democrats in the state in terms of affiliated voters who participate in primary elections.

The same gambit failed four years ago, when voters overwhelmingly rejected a constitutional amendment that would have removed abortion rights from the state constitution. That amendment failed by a 60-40 margin with 942,851 Kansans weighing in, just weeks after the U.S. Supreme Court overturned Roe v. Wade.

“I think a lot of people are just frustrated that we’re seeing this effort again to change the constitution because the state Legislature doesn’t like what the Supreme Court has done,” said Democratic U.S. Rep. Sharice Davids, speaking with reporters after she voted Tuesday morning.

“There are plenty of us who disagree with court rulings on a regular basis, but you don’t completely change the way that we get Supreme Court justices just because you don’t like some of the rulings that they make,” she added.

The American Civil Liberties Union of Kansas, Planned Parenthood Great Plains Votes and Kansas Appleseed joined forces to form Kansas United for Impartial Courts in a campaign to oppose the constitutional amendment. They warned that the amendment would allow out-of-state billionaires to buy the court.

“The billionaire political donors and politicians behind this amendment tried to buy our Supreme Court,” said Micah Kubic, executive director of the ACLU of Kansas. “They tried to turn our justices into politicians for sale, all so they could control the court’s rulings and take away our rights. But tonight, Kansas said no.”

Attorney General Kobach, though his PAC and various conservative groups, flooded airwaves and mailboxes with ads that criticized the current selection process.

Speaking at a GOP watch party Tuesday night in Wichita, Kobach said the vote “creates more certainty” that the current justices will decide cases that are making their way through the judicial system.

“If there had been a shift, there would be some question as to who would eventually be on the court that hears those cases,” Kobach said. “Now we know it’s probably going to be the justices right now, unless somebody retires.”

At least $12.8 million, much of it dark money, fueled “vote yes” and “vote no” campaigns ahead of Tuesday’s primary.

The current system is the result of a notorious political scandal known as the “triple play.” In 1956, incumbent Republican Gov. Fred Hall lost his primary election, and Democrat George Docking defeated the Republican nominee in November. Supreme Court Chief Justice Bill Smith, a Republican, was prepared to retire midterm but didn’t want a Democrat to choose his replacement.

At the start of the new year, Smith resigned from the Supreme Court, Hall resigned as governor, and the new governor appointed Hall to take Smith’s seat on the court.

The following year, more than 70% of Kansas voters approved a constitutional amendment that created a merit-based system. It established a nominating commission, with attorneys choosing five members and the governor appointing four. The commission vets candidates for Supreme Court openings and sends three finalists to the governor, who chooses from those three.

Justices face retention votes in the next general election, and again every six years.

This year’s constitutional amendment would have required justices to run for office like candidates for other political positions, and removes current restrictions on justices engaging in political activities or raising money for campaigns. The amendment authorized the Legislature to determine how elections would be conducted — partisan or nonpartisan, statewide or by districts that lawmakers draw.

Proponents of this year’s amendment point out that no justice has ever lost a retention election.

Rep. Bob Lewis, a Garden City Republican, said in a video ad posted on social media that it was “balderdash” to claim that voters already get to evaluate justices.

“A retention election is not an election at all. It’s not competitive,” Lewis said. “Voters are given only one choice: Vote yes or no for this particular candidate. A true election, as we all know, is grounded in competition, giving the voters a choice.”

He said a retention election is “a rubber stamp.”

“It’s a rigged election, much like in communist countries,” Lewis said. “The result is foregone. You pick the guy the politburo has picked, or you pick no one.”

The video was paid for by Derby Republican Rep. Blake Carpenter’s reelection campaign.

Advance voting totals showed a dramatic drop-off from the historic turnout four years ago, when the anti-abortion amendment was on the ballot. This year, 176,703 Kansans had voted by mail or in person as of Monday. In 2022, 320,048 voted by mail or in person before Election Day.

The stakes were underscored when Christopher Jayaram, minutes before becoming the newest Supreme Court justice Monday, issued an opinion that strikes down numerous abortion restrictions under state law, some dating to 1997. Democratic Gov. Laura Kelly selected Jayaram, who was a Johnson County district judge, from the three finalists for an open seat on the high court.

“Tonight Kansans rebuffed a constitutional amendment that was designed to undermine access to abortion, mislead voters, and politicize the state’s Supreme Court,” said Emily Wales, president and CEO of Planned Parenthood Great Plains Votes.

Kansas Reflector is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Kansas Reflector maintains editorial independence. Contact Editor Sherman Smith for questions: info@kansasreflector.com.
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