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Supreme Court rejects Idaho's appeal — for now — to ban abortions in medical emergencies

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Supreme Court rejects Idaho's appeal — for now — to ban abortions in medical emergencies

The Supreme Court retreated Thursday from ruling on Idaho’s near total ban on abortions, leaving in place a judge’s order that for now allows doctors to perform abortions when necessary in medical emergencies.

The justices in an unsigned order said they had “improvidently granted” Idaho’s appeal in its dispute with the Biden administration over emergency care.

A draft of the order was inadvertently posted on the court’s website on Wednesday.

Justices were sharply divided when they heard the Idaho case in April. Justice Amy Coney Barrett accused the state’s attorney of giving shifting answers on whether certain emergencies could justify an abortion.

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The justices were unable to agree on a majority ruling.

On Thursday, the justices split four ways in explaining their views. Barrett, joined by Chief Justice John G. Roberts Jr. and Justice Brett M. Kavanaugh, said the court made a “miscalculation” by intervening too soon. She said both sides have continued to change their positions on what the state and federal laws require when it comes to emergency abortions.

Justices Elena Kagan and Sonia Sotomayor said the court was right to step back and allow emergency abortions to resume. They noted that because of the strict ban, women have been airlifted out of Idaho to have abortions in other states.

Dissenting, Justice Samuel A. Alito Jr. said the Biden administration would say hospitals “must perform abortions on request when the ‘health’ of a pregnant woman is serious jeopardy.” That cannot be right, he said, because the law refers to protecting an “unborn child.” Justices Clarence Thomas and Neil M. Gorsuch agreed.

Dissenting alone, Justice Ketanji Brown Jackson said the court should have ruled for the administration and held hospitals must provide emergency abortions if needed to stabilize a patient. “Today’s decision is not a victory for pregnant patients in Idaho. It is delay,” she wrote.

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In January, the court issued an order that allowed Idaho to temporarily enforce its law. That too was set aside on Thursday.

Idaho’s abortion ban is among the nation’s strictest. It permits abortions only when “necessary to prevent the death of the pregnant woman.” It makes no exception for emergencies or medical conditions which could endanger a patient’s health.

The Biden administration sued Idaho in 2022, arguing that the federal Emergency Medical Treatment and Labor Act requires hospitals to provide “necessary stabilizing treatment” to patients who arrived there. And in rare cases, U.S. health officials said, doctors may be required to perform abortion if a woman is suffering from a severe infection or uncontrolled bleeding.

Idaho’s state attorneys and state legislators sharply disagreed. They said the federal law has nothing to do with abortions.

But a federal judge in Idaho ruled for the administration and handed down a narrow order that permits abortions in certain medical emergencies. The 9th Circuit Court of Appeals refused to lift that order while it weighed the state’s appeal.

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The case of Moyle vs. United States posed a clash between the federal law that requires hospitals to provide emergency care and the state’s authority to regulate doctors and the practice of medicine.

Arguing for the administration, Solicitor Gen. Elizabeth Prelogar said pregnant woman “can suffer dangerous conditions that require immediate medical treatment to prevent death or serious injury, including organ failure or loss of fertility. And in some tragic cases, the required stabilizing care—the only treatment that can save the woman’s life or prevent grave harm to her health—involves terminating the pregnancy.”

She said Idaho was among only six states that make no exceptions for protecting the health of a pregnant patient.

After Idaho’s law took effect, doctors reported that six women who needed an abortion because of medical complications were transported to hospitals outside the state.

Doctors in Idaho contended that the state’s law endangers patients, and they spoke out against it during the court battle.

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In medical emergencies, “delay puts the patient’s life and health at risk. But the lack of clarity in the law is creating fear in our physicians,” Dr. Jim Souza, chief physician executive for St. Luke’s Health System in Boise, said in an earlier interview.

He said doctors in emergency rooms often see pregnant women whose water has broken, or who have a severe infection or are bleeding badly. An abortion may be called for in such a situation, but doctors know they could be subject to criminal prosecution if they act too soon, he said.

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Atlanta Journal-Constitution editorial board calls for Biden to drop out 'for the good of the nation'

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Atlanta Journal-Constitution editorial board calls for Biden to drop out 'for the good of the nation'

The Atlanta Journal-Constitution (AJC) is calling for President Biden to step out of the presidential election after his debate debacle on Thursday night.

The AJC Editorial Board is publishing a front page editorial Sunday arguing that Biden should bow out of the election “for the good” of the country and to defeat former President Trump.

“The shade of retirement is now necessary for President Biden,” the board wrote.

THE DEMOCRATS’ SOCIAL MEDIA ACCOUNT ATTEMPTS TO SPIN BIDEN’S DEBATE DEBACLE: ‘DID WE WATCH THE SAME DEBATE?’

An Axios report explained that Americans were so shocked by Biden’s debate performance because they’re more used to seeing a more competent version of him. (Getty Images)

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Biden, they argued, failed to convey a “competent and coherent vision for the future of America” at the first presidential debate in Atlanta on Thursday.

“He failed to outline the most fundamental aspects of his platform,” they wrote. “He failed to take credit for the significant accomplishments of his 3½ years in office. And he failed to counter the prevarications of an opponent, who, according to CNN fact-checker Daniel Dale, lied 30 times during the course of the debate, approximately once every 90 seconds of his allotted time.”

Biden and Trump at the debate

President Biden and former President Trump participate in the first Presidential Debate at CNN Studios in Atlanta, Thursday. (Kyle Mazza/Anadolu via Getty Images)

AJC said that responses by Biden surrogates, former President Obama and Vice President Kamala Harris as well as the cover-up attempt by aides that the president had a cold were “insulting to the American people.”

BIDEN DEBATE DEBACLE: 10 EYE-OPENING MEDIA RESPONSES, FROM MSNBC PANIC TO ‘THE VIEW’ CALLING FOR REPLACEMENT

Biden’s age and mental acuity was a concern only heightened by Trump’s resolve, the newspaper argued.

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“President Biden’s ability to withstand the mental and physical rigors of another four-year term would be of concern regardless of his opponent,” they wrote. “The fact that he is all that stands in the way of Trump returning to the Oval Office significantly raises the stakes.”

Biden looking dazed

President Biden looks on as he participates in the first presidential debate of the 2024 elections in Atlanta on Thursday. (Andrew Caballero-Reynolds/AFP via Getty Images)

The editorial board pointed to Trump’s Vice President Mike Pence and Georgia Gov. Brian Kemp’s refusal to support the former president as proof of Trump’s “egregious” personal and professional conduct following the 2020 election.

“That Trump remains at the top of the Republican ticket is a testament to the deep divisions and tribalism that has come to define American politics in the 21st century,” they wrote.

joe biden on the debate stage

President Biden stands at a debate podium in Atlanta, Thursday. (Kevin D. Liles for The Washington Post via Getty Images)

The board encouraged Biden to pass the torch to the next generation of Democratic leaders at the convention in August.

“If he truly hopes to defeat Trump, he must pass the torch to the next generation of Democratic leaders and urge the party to nominate another candidate at its convention in Chicago in August,” they wrote. “Doing this will require a massive and unprecedented string of legal and regulatory actions to get a Biden successor named and placed on each state’s ballot. This is difficult and necessary work that must start immediately.”

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BIDEN’S ‘DISASTER’ DEBATE PERFORMANCE SPARKS MEDIA MELTDOWN, CALLS FOR HIM TO WITHDRAW FROM 2024 RACE

The right Democratic leader, they argued, would move forward and make a compelling appeal to both Republican and Democratic voters ahead of the election.

“The Democrats have a number of talented and principled leaders who might take the president’s agenda forward and provide the nation with a viable alternative to Trump,” they wrote. “The right candidate would make it a priority to appeal to Republican and Democratic voters.”

President Biden, Jill Biden at CNN debate

President Biden and first lady Jill Biden leave the debate stage Thursday in Atlanta. (Justin Sullivan/Getty Images)

The board said that Biden’s very candidacy was “grounded in his incumbency and the belief of Democratic leaders and pollsters that he stood the best chance of defeating Trump in November.”

“This is no longer the case,” they said.

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The Atlanta-based newspaper board said that while this may be difficult for some Democrats to swallow, it is the truth.

“Biden deserves a better exit from public life than the one he endured when he shuffled off the stage Thursday night,” they said.

“If he displays the courage and dignity that have defined his political career, he might follow in the footsteps of the nation’s first president and welcome his retirement, secure in the knowledge that he again served his country with honor,” the board ended.

People watching the debate on TV

People watch the 2024 presidential debate between former President Trump and President Biden in New York City, Thursday. (Lokman Vural Elibol/Anadolu via Getty Images)

The AJC Editorial Board’s call for Biden to step down comes just one day after The New York Times called for him to drop out of the race.

“Mr. Biden has said that he is the candidate with the best chance of taking on this threat of tyranny and defeating it,” The Times said. “His argument rests largely on the fact that he beat Mr. Trump in 2020. That is no longer a sufficient rationale for why Mr. Biden should be the Democratic nominee this year.”

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“Mr. Biden answered an urgent question on Thursday night. It was not the answer that he and his supporters were hoping for,” the Times concluded. “But if the risk of a second Trump term is as great as he says it is — and we agree with him that the danger is enormous — then his dedication to this country leaves him and his party only one choice.”

President Biden and Jill Biden

President Joe Biden and first lady Jill Biden arrive at a campaign event in Raleigh, N.C., Friday. (Mandel Ngan/AFP via Getty Images)

Following the debate, Democrats and liberal media figures were reportedly in “panic” after Biden’s performance.

The optics led to a full-on meltdown in Democrat-friendly media, with journalists at various outlets reporting on dozens of Democratic Party officials who said the 81-year-old Biden should consider refusing his party’s nomination at the Democratic National Convention.

BIDEN’S INNER CIRCLE SILENT AS PARTY REELS FOLLOWING ‘EMBARRASSING’ DEBATE PERFORMANCE 

Biden gave no indication he would step down at his first rally following the debate Friday in Raleigh, North Carolina, insisting he is capable of beating Trump. 

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“I can do this job, because, quite frankly, the stakes are too high,” Biden energetically said. “Donald Trump is a genuine threat to this nation.” 

President-Biden-Holds-Post-Debate-Rally-In-North-Carolina

President Biden speaks at a post-debate campaign rally Friday in Raleigh, N.C. (Allison Joyce/Getty Images)

President Biden also addressed his stumbling performance, saying, “I don’t debate as well as I used to.”

“I know how to do this job. I know how to get things done,” he told a roaring crowd that chanted “Four more years.”

Fox News Digital has reached out to the Biden campaign for comment.

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Opinion: The Supreme Court's purely ideological reasoning will change our lives

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Opinion: The Supreme Court's purely ideological reasoning will change our lives

Two Supreme Court rulings on Friday that dramatically change the law are profound reminders that presidential elections matter enormously for all of us. Like so many of the court’s recent actions, these were 6-3 rulings, with the three justices appointed by President Trump in the majority. These decisions — as with the overruling of Roe vs. Wade and the expansion of gun rights in recent years — simply would not have happened if Hillary Clinton had won the presidency in 2016 and she had picked three justices.

In other words, these decisions cannot be explained by precedent or interpretive methodologies. They are simply a matter of conservative justices imposing conservative ideology to come to conservative results.

In City of Grants Pass vs. Johnson, the court held that a municipality may make it a crime for people to sleep in public even if there are not adequate shelter beds to accommodate them. Grants Pass, Ore., has a population of about 39,000 and a homeless population of about 600. It adopted a series of ordinances meant to keep unhoused individuals from sleeping on public property. The 9th Circuit Court of Appeals declared this unconstitutional and concluded: The “City of Grants Pass cannot, consistent with the Eighth Amendment” — which prohibits cruel and unusual punishment — “enforce its anti-camping ordinances … for the mere act of sleeping outside with rudimentary protection from the elements … when there is no other place in the City for them to go.”

The 9th Circuit was clearly correct as a matter of law: It violates the 8th Amendment to punish a person for an activity — sleeping — that is essentially beyond his or her control. And it also was correct as a matter of public policy. No city is going to solve homelessness by criminally prosecuting the unhoused. Imposing fines that homeless people cannot pay or putting them in jail for brief times is not going to get them permanently housed.

Justice Neil M. Gorsuch wrote the opinion reversing the 9th Circuit. Justice Sonia Sotomayor in a dissent explained the cruelty of making it a crime to sleep in public even when there is nowhere else available: “It is possible to acknowledge, and balance the issues facing local governments, the humanity and dignity of homeless people, and our constitutional principles. Instead, the majority focuses almost exclusively on the needs of local governments and leaves the most vulnerable in our society with an impossible choice: Either stay awake or be arrested.”

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Another decision on Friday that clearly represents conservative ideology involved a more technical area of law. In 1984, in Chevron U.S.A. vs. Natural Resources Defense Council, the Supreme Court unanimously held that federal courts should defer to federal agencies when they interpret ambiguous federal statutes. This means, for example, that a court should defer to the judgment of the Environmental Protection Agency when that agency sets rules under the Clean Air Act for how much of a particular pollutant can be put into the air. “Chevron deference,” as it is known, is based on the idea that Congress cannot legislate with specificity for every matter and purposefully leaves many details to the expertise of the federal agency. Especially with regard to technical matters, the agency and not the courts are the experts.

But businesses long have opposed Chevron deference. They want to make it easier to challenge agency regulations in court. On Friday, the Supreme Court gave them their wish and expressly overruled the Chevron decision. Chief Justice John G. Roberts Jr. wrote for the court: “The reviewing court — not the agency whose action it reviews — is to decide all relevant questions of law and interpret … statutory provisions.”

As it did when it overruled Roe vs. Wade, the Roberts court again gives no weight to precedent in discarding a 40-year-old decision that has been a cornerstone of administrative law. The decision represents a huge shift in power from federal agencies to the courts. As Justice Elena Kagan said in her dissent, it will produce a “large scale disruption” because Chevron deference has been a crucial part of “modern government, supporting regulatory efforts of all kinds — to name a few, keeping air and water clean, food and drugs safe, and financial markets honest.”

Both of Friday’s decisions will have a real impact on real people’s lives. The unhoused now face criminal sanctions for engaging in the biological necessity of sleeping in public when there is nowhere else to sleep. Agency rules to protect the public’s health and safety are much more likely to be overturned.

The explanation for these rulings is not to be found in anything in the law; it can only be explained by who is on the Supreme Court. As the public focuses on the 2024 presidential election, especially in light of Thursday night’s debate, it is crucial to remember that the most long-lasting legacy of any president is who he or she puts on the Supreme Court.

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Erwin Chemerinksy is a contributing writer to Opinion and dean of the UC Berkeley School of Law.

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Flubbed debate turns into $27M bonanza for Biden-Harris campaign

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Flubbed debate turns into $27M bonanza for Biden-Harris campaign

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The re-election campaign for President Biden says it has raised a whopping $27 million since his rocky debate performance against former President Trump.

From the day of the debate through Friday evening, the Biden-Harris campaign told Fox News that it had raised $27 million.

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The updated figure comes after the campaign said on Friday that it raised $14 million in “a sign of strength of our grassroots support” on debate day and the morning after.

The campaign also noted Friday that 11 p.m. to 12 p.m. on Thursday – the first hour after the debate – was the single best hour of fundraising since the campaign’s launch in April 2023.

BIDEN AIMS TO CHANGE NEGATIVE NARRATIVE AFTER ROUGH DEBATE WITH TRUMP

The re-election campaign for President Biden says it has raised $27 million since his rocky debate performance against former President Trump. (MANDEL NGAN/AFP)

The large sums of cash come as Biden’s campaign seeks to address Democratic Party panic over whether he is mentally fit to serve as president following his disastrous faceoff with Trump in Atlanta, Georgia, on Thursday.

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“I know I’m not a young man, to state the obvious,” Biden, who at 81 is the oldest president in the nation’s history, told cheering supporters at a Friday afternoon rally in the crucial battleground state of North Carolina.

“Folks, I don’t walk as easy as I used to. I don’t speak as smoothly as I used to. I don’t debate as well as I used to,” Biden acknowledged. “But I know what I do know. I know how to tell the truth. I know right from wrong. And I know how to do this job. I know how to get things done. And I know, like millions of Americans know, when you get knocked down you get back up.”

The president, pointing to his 2024 rematch with Trump, emphasized, “I would not be running again if I did not believe with all my heart and soul that I can do this job.”

Struggling with a raspy voice and delivering rambling answers, Biden struggled during portions of the debate. Several political analysts noted, however, that the president sharpened his answers as the debate progressed.

HERITAGE FOUNDATION WORKING ON ELECTION LEGAL CHALLENGES IN CASE BIDEN PULLED FROM DNC NOMINATION

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Biden CNN debate

President Biden participates in the CNN Presidential Debate on June 27, 2024, in Atlanta, Georgia. (Andrew Harnik)

Biden’s uneven and, at times, halting performance grabbed the vast majority of headlines from the debate and sparked a new round of calls from political pundits, publications and some Democrats for the president to step aside as the party’s standard-bearer.

Top Biden allies have pushed back against such talk as they defended the president and targeted Trump for “lying” throughout the debate.

Two Democratic sources confirmed to Fox News that top Biden campaign officials worked to calm concerns and fears as they huddled privately on Friday at a previously scheduled meeting with top party donors.

“Biden‘s record grassroots fundraising from the day of the debate is critical. It helps blunt the criticism from Biden’s performance,” veteran political strategist and Democratic National Committee member Maria Cardona told Fox News.

Cardona, a top Biden supporter, said spotlighting the fundraising “reminds Democrats that there is enthusiasm for the president and urgency to make sure that the liar and criminal Donald Trump doesn’t get close to the Oval Office.”

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Another Democratic strategist and presidential campaign veteran said that team Biden’s focus on fundraising “is their best and maybe their only card to play.”

Trump campaign senior adviser Brian Hughes discounted the Biden fundraising.

Joe Biden, Donald Trump

President Biden and former President Trump debated on Thursday night in Atlanta, Georgia. (Getty Images)

“As of last week, the Biden campaign has spent $100 million on cable, TV and radio. They’ve spent money on a bloated organization. Yet President Trump’s lead has grown in battleground states, and now we see polling and enthusiasm on the ground putting Virginia and Minnesota in play for the GOP nominee for the first time in many election cycles,” Hughes told Fox News.

The Trump campaign – enjoying the post-debate narrative – had no need to immediately emphasize its own fundraising, but told Fox News Friday afternoon it brought in $8 million the day of the debate.

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