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Biden and Haley spar over abortion after Alabama court rules embryos are 'children'

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Biden and Haley spar over abortion after Alabama court rules embryos are 'children'

Left: President Joe Biden delivers remarks to the National Association of Counties Legislative Conference on Feb. 12 in Washington. Right: Nikki Haley, former governor of South Carolina and 2024 Republican presidential candidate, during a bus tour campaign event in South Carolina on Feb. 21.

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Left: President Joe Biden delivers remarks to the National Association of Counties Legislative Conference on Feb. 12 in Washington. Right: Nikki Haley, former governor of South Carolina and 2024 Republican presidential candidate, during a bus tour campaign event in South Carolina on Feb. 21.

Evan Vucci/AP; Victor J. Blue/Bloomberg via Getty Images

An Alabama Supreme Court ruling that frozen embryos are considered children could have sweeping implications for access to in-vitro fertilization across the country — and is becoming 2024 presidential campaign fodder.

President Biden called the decision “outrageous and unacceptable” and “a direct result of the overturning of Roe v. Wade.”

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Biden said in a statement that his administration “won’t stop until we restore the protections of Roe v. Wade in federal law,” a key tenet of his reelection campaign.

Biden’s comments came one day after Republican presidential hopeful Nikki Haley seemed to side with the Alabama court’s decision, telling NBC News, “Embryos, to me, are babies.”

“When you talk about an embryo, you are talking about, to me, that’s a life. And so I do see where that’s coming from when they talk about that,” the former South Carolina governor said.

When asked about Haley’s comments Wednesday, a campaign spokesperson pointed to a Thursday Newsmax interview.

“Be very careful how you do this because number one, you don’t want to take those fertility treatments away from women. It is very important that women like me have the ability to have that blessing of a baby,” Haley clarified.

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“But you also want to treat those embryos with respect – whoever is holding them – and make sure that there’s a clear indication of what is expected from the parents who provide it, and what’s expected from the provider that holds them,” she confirmed.

The Alabama ruling sparks concern from reproductive health advocates

The Alabama case involved a pair of wrongful death lawsuits brought by couples whose frozen embryos were destroyed in an accident at a fertility clinic. Writing for the court majority, Justice Jay Mitchell said nothing excludes “extrauterine children” from a state law governing the wrongful death of a minor.

“Unborn children are ‘children’ … without exception based on developmental stage, physical location, or any other ancillary characteristics,” Mitchell wrote in the decision issued Friday.

The decision could have wide-ranging ripple effects on the legality of and access to IVF. During the process of in-vitro fertilization, embryos are created in a lab using a couple’s egg and sperm, and then implanted. But more embryos are typically created than are implanted, and instead can be stored, donated, or destroyed, said Mary Ziegler, a UC Davis Professor of Law who has written extensively about abortion law.

“Some anti-abortion groups argue that if an embryo was a person, every single embryo created has to be implanted, either in that person who’s pursuing IVF, or some other person who ‘adopts the embryo,’ ” Ziegler told NPR’s All Things Considered. “So as a result of that, it may radically change how IVF works, how cost effective it is and how effective it is in allowing people to achieve their dream of parenthood.”

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In light of the court ruling, Alabama’s largest hospital network, the University of Alabama at Birmingham Health System, has paused its IVF treatments “as it evaluates the Alabama Supreme Court’s decision.”

“We are saddened that this will impact our patients’ attempt to have a baby through IVF, but we must evaluate the potential that our patients and our physicians could be prosecuted criminally or face punitive damages for following the standard of care for IVF treatments,” a UAB spokesperson said in a statement.

Alabama Fertility Specialists announced on its Facebook page Thursday that it would also be pausing new IVF treatments “due to the legal risk to our clinic and our embryologists.” And the Center for Reproductive Medicine in Mobile, the clinic at the center of the Supreme court lawsuit, has also halted IFV services.

Barbara Collura, President and CEO of RESOLVE: The National Infertility Association, called the court’s ruling and the move by UAB “horrifying signals of what’s to come across the country.”

“Less than a week after the Alabama Supreme Court’s devastating ruling, Alabamans in the midst of seeking treatment have had their lives, their hopes and dreams crushed,” Collura said in a statement. “We will continue to fight to maintain and increase access to care for the 1 in 6 adults nationwide who struggle with infertility.”

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Abortion is expected to be a key issue on the trail — again

Haley has in the past discussed her struggles with infertility, and told NBC on Wednesday that she conceived her children through artificial insemination, a process that does not involve creating embryos in a lab.

Throughout the campaign, Haley has said she is “unapologetically pro-life,” but called on the GOP to show “compassion” and “find consensus” on the issue of abortion.

But that puts Haley out of step with many in her party, who have called for a national 15-week abortion ban and championed abortion restrictions at the state level.

Democrats, meanwhile, see abortion as a winning issue. Voter registration data suggests that the overturning of Roe motivated women voters ahead of the 2022 midterms. And in every ballot initiative since Dobbs v. Jackson, the Supreme Court case that overturned Roe, the anti-abortion measure lost, even in solidly red states.

Speaking in Grand Rapids, Mich., Thursday, Vice President Kamala Harris said the fallout of the Dobbs decision shows “elections matter.”

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“What we have seen on this issue is over the course of now, a year and almost a half — people who are suffering every day in our country as a result of this,” Harris said. “[Former President Trump] was clear in his intention to hand pick three Supreme Court justices who would overturn the protections of Roe v. Wade. And he did it. And that’s what got us to this point today.”

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Map: 5.1-Magnitude Earthquake Strikes off the Coast of California

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Map: 5.1-Magnitude Earthquake Strikes off the Coast of California

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Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown.  All times on the map are Pacific time. The New York Times

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A moderately strong, 5.1-magnitude earthquake struck in the North Pacific Ocean on Wednesday, according to the United States Geological Survey.

The temblor happened at 5:45 a.m. Pacific time about 40 miles west of Petrolia, Calif., data from the agency shows.

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As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.

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Aftershocks detected

Subsequent quakes have been reported in the same area. Such temblors are typically aftershocks caused by minor adjustments along the portion of a fault that slipped at the time of the initial earthquake.

Quakes and aftershocks within 100 miles

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Aftershocks can occur days, weeks or even years after the first earthquake. These events can be of equal or larger magnitude to the initial earthquake, and they can continue to affect already damaged locations.

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When quakes and aftershocks occurred

 All times are Pacific time. The New York Times

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Sources: United States Geological Survey (epicenter, aftershocks, shake intensity); LandScan via Oak Ridge National Laboratory (population density) | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Wednesday, June 3 at 6:03 a.m. Pacific time. Aftershocks data is as of Wednesday, June 3 at 8:01 a.m. Pacific time.

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California’s primary for governor is undecided as candidates vie to be in the top two

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California’s primary for governor is undecided as candidates vie to be in the top two

Xavier Becerra, Democratic gubernatorial candidate for California, and Steve Hilton, Republican gubernatorial candidate for California, shake hands while arriving for a gubernatorial debate at KRON Studios in San Francisco in April.

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SAN FRANCISCO — The primary election for California governor is too close to call, with vote counting continuing Wednesday. Democrat Xavier Becerra and Republican business executive Steve Hilton lead the field with Democrat Tom Steyer in third place.

In California’s unusual primary system, all candidates, regardless of party, appear on a single ballot open to any registered voter. The top two candidates then move on to the general election, even if they’re from the same party. This year, voters had 60 names for governor to choose from.

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The winner will lead the country’s most populous state, where leaders often take on national political prominence. Incumbent Gov. Gavin Newsom is at his two-term limit and could be a Democratic contender for president.

Becerra, former Health and Human Services secretary under President Joe Biden, pitched himself to voters as an experienced political leader who isn’t afraid of President Trump, but his lead caps one of the most surprising and dramatic comebacks in recent state political history. As recently as April, polls were showing Becerra — also a former member of Congress and California attorney general — languishing in single digits in a crowded field.

In his remarks at his watch party in Los Angeles, Becerra noted his underdog status.

“Here in Hollywood’s hometown, we love a good underdog success story,” he said, drawing parallels between his campaign and his immigrant parents’ success story in California. “Guess what? The underdog stayed in the fight. Like my parents, I never gave up. Never stopped putting one foot in front of the other. Never stopped believing in the beacon-like goodness of California. And thankfully, neither did you.”

Hilton is a former Fox News commentator who also served as a political adviser to former British Prime Minister David Cameron. He was endorsed by President Trump in April, helping him to pull ahead of Riverside County Sheriff Chad Bianco, the other major Republican in the race. Hilton has campaigned on the idea that California needs change after 16 years under total Democratic control.

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The race is narrowing down after a tumultuous campaign

At his watch party in Huntington Beach, the British-born candidate — who became an American citizen five years ago — said it was the “honor of his lifetime” to receive over 1 million votes so far.

“Change is coming to California and it’s long overdue,” Hilton said. “We’re not there yet, but it’s looking good. It looks very much as if Californians really will have the chance to vote for change in November and take our state in a new direction.”

Democratic billionaire activist Steyer spent more than $213 million of his own money to boost his candidacy and push a progressive, populist message. While he was trailing Becerra and Hilton on Tuesday night, he said at his watch party in San Francisco that he remains confident he can close the gap in the days ahead.

“Together, we’ve scared the hell out of the corporate interests used to getting their way,” Steyer said. “It might take some time to figure out where this is going. We’re going to wait until every ballot is counted. We’re gonna give democracy a time to work. And we know we finished really strong.”

The early results are not certain to hold, in part because of unusual voting patterns in this primary election: Ballot-tracking data heading into Tuesday evening showed that Republicans were more likely to vote early by mail, while Democratic voters in this deep-blue state held onto their mail-in ballots or chose to vote in person. That’s the reverse of recent elections, which saw more Democrats voting by mail and Republicans tending to vote in person on Election Day.

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The uncertainty on election night capped a race that remained crowded and unsettled to the end. To some extent, the race was defined by who wasn’t running.

Some of the state’s most high-profile Democrats — former Vice President Kamala Harris, U.S. Sen. Alex Padilla and California Attorney General Rob Bonta — all passed on a potential bid to succeed Newsom.

The race was disrupted in April when then-U.S. Rep. Eric Swalwell’s campaign for governor imploded amid allegations of sexual assault and harassment. Swalwell resigned from Congress shortly after the accusations surfaced and has denied assault allegations.

Swalwell had been gaining in polls and racking up high-profile endorsements, and his exit seemed to primarily benefit Becerra, who had been stuck in single digits in many polls. Ultimately, it quieted fears among Democrats who worried that the messy Democratic field could result in Bianco and Hilton winning the top spots in the June primary.

Marisa Lagos covers California politics at KQED and co-hosts the Political Breakdown show and podcast.

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Supreme Court reinstates Republican-favored Alabama congressional districts

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Supreme Court reinstates Republican-favored Alabama congressional districts

The U.S. Supreme Court

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The Supreme Court on Tuesday cleared the way for Alabama to use a congressional district map favored by Republicans.

The court, in an unsigned order, overturned a three-judge district court panel that found that the map is “tainted by intentional race-based discrimination.” The court’s three liberals publicly dissented.

The ruling means that Alabama’s 2026 midterm elections will feature six Republican-leaning districts and one Democratic-leaning one, as opposed to a map with only five safe Republican seats. Democrat Shomari Figures, who represents Alabama’s Second District, will likely lose his seat as a result of the high court’s ruling.

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The story of Alabama’s congressional map is long and tortured. It began in 2021, when the state implemented a new map to account for population changes in the census. The map featured only one majority-black district out of seven, even though the state is more than one-quarter Black.

Voters immediately sued, claiming the map illegally diluted minority votes in violation of the Voting Rights Act and the Constitution. Lower court judges agreed, ruling that the state must draw a map with two districts where Black voters have a realistic chance of electing their candidate of choice. The Supreme Court more than once has ordered Alabama to draw a compliant map.

But the state has refused and instead continued to litigate the case. On Tuesday, that tactic paid off.

What changed? In April, the Supreme Court’s conservative supermajority all but gutted what remains of the Voting Rights Act, ruling that states cannot purposefully draw districts that are majority-minority.

Alabama then asked the high court to reinstate the state’s old map, under the theory that this new ruling meant that it was permissible to use a map with only one majority-Black district. In an unsigned, unexplained order in May, the high court essentially reversed its previous opinions, and allowed Alabama to use the old map for the upcoming midterm elections.

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This set off a flurry of activity in Alabama. By the time the Supreme Court issued its May order, absentee balloting had already begun, using the court-drawn map. So Republican Governor Kay Ivey cancelled elections and scheduled a special primary for August for the affected congressional races.

The case, however, was not over.

In its ruling, the Supreme Court had ordered a lower court panel to continue evaluating Alabama’s map in light of its recent Voting Rights Act decision. And just 15 days after that order, the panel, composed of three Republican judges—two of them Trump appointees—concluded unanimously that even under the Supreme Court’s new standards, the plan for a single black district was “intentionally discriminatory.”

So, once again, Alabama returned to the Supreme Court, arguing that the map was partisan, not racially discriminatory. In short, that the Republican legislature simply drew the map to elect more Republicans. And that under the Supreme Court’s new interpretation of the Voting Rights Act, the GOP map should be allowed to stand.

The court’s conservative agreed, writing that the lower court “did not heed the presumption of legislative good faith.”

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The court’s three liberals publicly dissented, castigating the conservative majority for failing to abide by its 2006 decision in the case of Purcell v. Gonzalez. That decision declared that courts should not change election rules too close to an election.

Justice Sonia Sotomayor, in her dissent, said the court “debases the democratic process” and “corrodes the rule of law by rewarding Alabama’s gamesmanship and outright defiance of court orders.”

Tuesday’s decision is the latest in a series of Supreme Court rulings that could well reshape the 2026 midterm elections, making it much harder for Democrats to prevail.

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