The Full Belmonte, 3/27/2024
Supreme Court hears arguments in high-stakes abortion pill case
Demonstrators outside the Supreme Court today. Photo: Anna Rose Layden/Getty Images
“The Supreme Court heard a major case today that could restrict access to the abortion pill, including its availability by mail.
A majority of the justices appeared skeptical about whether the plaintiffs, a group of anti-abortion doctors and activists, had the right to challenge the FDA’s approval process for the medication.
The case involves mifepristone, the drug that was used in nearly two-thirds of all abortions in the U.S. last year.
The FDA first approved mifepristone in 2000, and expanded access to it in 2016, and again in 2021. The plaintiffs argue the FDA exceeded its authority when the agency made the pill more widely available.” [NBC News]
Justice Neil Gorsuch and others sounded disinclined to go too broad in the mifepristone case. | Olivier Douliery/AFP via Getty Images
“SCOTUS WATCH — Hearing its second blockbuster abortion case in three years, the Supreme Court today seemed unlikely to crack down on nationwide access to mifepristone, with a majority of justices sounding skeptical notes about the challengers’ standing and other aspects of the case. The latest from Alice Miranda Ollstein and Josh Gerstein
The arguments: Doctors who oppose abortion rights and the Alliance Defending Freedom seemed to have convinced only Justice SAMUEL ALITO that they had the grounds to sue over the FDA’s rules changes in recent years that increased access to the abortion drug. ‘Do you think the FDA is infallible?’ Alito asked. He and Justice CLARENCE THOMAS both focused a lot on the 19th-century Comstock Act and whether it would prohibit such pills from being shipped through the mail. Several conservative justices also began by questioning the safety of the pills, a good sign for abortion opponents.
But Chief Justice JOHN ROBERTS, Justices NEIL GORSUCH and AMY CONEY BARRETT, and others ultimately leaned toward a potentially narrow ruling as they raised questions about standing. Gorsuch sounded disinclined to go too broad, calling the case ‘a prime example of turning what could be a small lawsuit into a nationwide legislative assembly on an FDA rule.’ And he criticized ‘a rash of universal injunctions’ by lower courts. More from the NYT on the standing question
Justice KETANJI BROWN JACKSON worried about whether courts should be intervening in scientific decisions made by regulators. Experts — and even the WSJ editorial board yesterday — have warned that a decision against the FDA could upend the approval process for many drugs, as CNN’s Meg Tirrell and Tierney Sneed report. But legal conservative advocates saw this case as another great vehicle for the Supreme Court to further roll back the powers of the administrative state, NYT’s Adam Liptak and Abbie VanSickle note.
The step back: The stakes are high, given that a national crackdown on mifepristone could affect every state, even those where abortion access remains legal. Since the Supreme Court overturned Roe v. Wade in 2022 and many red states banned abortion, the use of mifepristone and misoprostol has skyrocketed to account for the majority of American abortions. A decision is expected in June.
Knowing ERIN HAWLEY: NYT’s Elizabeth Dias and Abbie VanSickle and WSJ’s Laura Kusisto both profiled the law professor and ADF rising star arguing for the anti-abortion doctors, a former Roberts clerk and millennial evangelical mom who’s also the wife of Sen. JOSH HAWLEY (R-Mo.). ‘Ms. Hawley views the cause as similar to her fights against government interference, rooted in her experience of ranch life,’ the Times writes. ICYMI: Kathy Gilsinan’s memorable POLITICO Magazine profile of Hawley from last month is worth your time.” [POLITICO]
Missing workers in Key Bridge collapse presumed dead, search called off
“The US Coast Guard says it is suspending its search and rescue efforts for the six individuals still missing after the collapse of the Francis Scott Key Bridge in Baltimore.
The collapse occurred after a massive container ship lost power early Tuesday and crashed into the bridge, sending people and vehicles into the frigid Patapsco River.”
Read More at CNN
Six people are missing and one of the busiest U.S. ports shut down after a major Baltimore bridge collapsed.
“A large Singaporean containership en route to Sri Lanka lost propulsion and hit the Francis Scott Key Bridge ( read for free), according to an unclassified security report the WSJ reviewed. The collision was an accident, state officials said. The ship’s warning to shore helped stop cars from crossing the bridge. The missing people were connected to a construction crew filling potholes on the span that’s part of Interstate 695. Two people were rescued earlier today, including one who is in the hospital. Two pilots who are local mariners and 22 crew members from India were on board the ship, according to the company that manages it. There was no estimate of when the fifth-busiest container port on the East Coast would reopen. The collapse of the span over the Patapsco River pushed retailers, truckers and industrial firms to reroute shipping volumes to contain the economic fallout.” [Wall Street Journal]
U.S. appeals court keeps block on Texas law that would have empowered state officials to detain and deport migrants
“The decision by the U.S. Court of Appeals for the 5th Circuit follows conflicting rulings over the new state law, known as Senate Bill 4, which the Supreme Court briefly allowed to take effect last week before it was blocked by a federal appeals court hours later.”
Read the story at Washington Post
Judge issues gag order barring Donald Trump from commenting on witnesses, others in hush money case
“Judge Juan M. Merchan cited the former president’s prior comments about him and others in the case, as well as a looming April 15 trial date, in granting a prosecution request for what it termed a ‘narrowly tailored’ order barring Donald Trump from making certain out-of-court statements.” Read More at AP News
RFK Jr. picks a running mate
“In some ways, lawyer and philanthropist Nicole Shanahan was an odd choice for Robert F. Kennedy Jr.'s running mate in his long-shot bid for the U.S. presidency. A registered Democrat, Shanahan has no political or executive experience and most of her philanthropic support has gone to mainstream science ‒ while Kennedy, who quit the Democratic party last fall, has made a national reputation dismissing the scientific findings of vaccine developers and public health experts. In other ways, she makes a lot of sense: She's donated more than $4 million to Kennedy's campaign, has hefty connections in the tech world and gives their ticket a youthful presence.” Read more at USA Today
Presidential candidate Robert F. Kennedy Jr. announces his running mate, Nicole Shanahan, in Oakland, Calif., on Mar 26, 2024.
Brittany Hosea-Small/for USA TODAY
“ROLL TIDE — More evidence came in overnight that reproductive rights remains a potent issue for Democrats, at least in low-turnout contests: The party flipped an Alabama state House seat from Republicans after winner MARILYN LANDS ‘centered her bid on reproductive rights and criticized the state’s near-total abortion ban along with a recent state Supreme Court ruling that temporarily banned in vitro fertilization,’ Liz Crampton writes.
‘Today, Alabama women and families sent a clear message that will be heard in Montgomery and across the nation,’ Lands said in a statement. The flip of an affluent Huntsville-area district won’t make a huge practical difference in the GOP-dominated statehouse, Liz adds, but it ‘signals abortion can turn out voters even in a deep-red state.’” [POLITICO]
Ronna McDaniel, NBC part ways after backlash over hiring
“NBC and Ronna McDaniel have severed ties following unprecedented internal backlash over the network’s decision to hire her as a political analyst, including top NBC personalities denouncing the move on-air.”
Read the latest at POLITICO
How the criminal case against Texas AG Ken Paxton abruptly ended after nearly a decade of delays
“The criminal case against Texas Attorney General Ken Paxton on securities fraud charges has ended after nine years — a span during which the Republican was reelected twice, impeached and acquitted, and emerged more politically powerful than ever.” Read More at AP News
Russia extends U.S. reporter Evan Gershkovich’s detention through June
“A Russian court has extended the pretrial detention of Wall Street Journal reporter Evan Gershkovich by three months until June 30.
Gershkovich, who was arrested on espionage charges in Russia in late March 2023 while on a reporting trip, has already spent nearly a year in jail without being convicted of a crime.
Gershkovich and the WSJ have vehemently denied the espionage allegations, and the U.S. has declared him wrongfully detained.” [NBC News]
Qatari royal invested about $50 million in conservative network Newsmax amid Middle East tensions during the Trump administration
“A member of the Qatari royal family made a substantial investment in the pro-Trump media outlet in 2019 and 2020, according to documents and representatives for Newsmax and the royal.”
Read more at Washington Post
Ukraine ramps up spending on homemade weapons to help repel Russia
“Ukraine is looking to its small but fast-growing defense industry, which the government is flooding with money, in hopes that a surge of homemade weapons and ammunition can help turn the tide against Russia.” Read More at AP News
Beijing-Supported Cyberattacks
Chinese Premier Li Qiang is seen on a livestreamed screen as he speaks at an economic summit held for the China Development Forum in Beijing on March 24.Parker Song/AFP via Getty Images
“New Zealand accused a Chinese state-sponsored actor on Tuesday of being involved in a cyber hack on Wellington’s parliament in 2021. The allegation comes just one day after the United Kingdom and the United States also accused a separate Chinese-backed group of conducting coordinated cyber campaigns to harass critics of Beijing, steal corporate trade secrets, and track high-level political figures.
‘Foreign interference of this nature is unacceptable, and we have urged China to refrain from such activity in future,’ said Winston Peters, New Zealand’s foreign minister.
Wellington’s intelligence services said a cyber espionage group, known as Advanced Persistent Threat 40 (APT 40), is believed to have gathered technical information on New Zealand’s parliamentary services that would have allowed for more intrusive activity in the future. Nothing of a sensitive or strategic nature was reportedly stolen. Authorities also said seven New Zealand citizens allegedly provided training to China’s military in the past 18 months, which a top intelligence official said constitutes a ‘major national security risk.’
In the United Kingdom, London accused Advanced Persistent Threat 31 (APT 31), another Chinese-backed hacking group, of two cyberattack campaigns. One targeted the nation’s Electoral Commission for several months beginning in August 2021. The attack compromised the voting records of 40 million people registered in Britain, Northern Ireland, and around the world between 2014 and 2022. Much of this information, however, was already in the public domain and therefore ‘has not had an impact on electoral processes, has not affected the rights or access to the democratic process of any individual, nor has it affected electoral registration,’ according to the U.K. Foreign Office.
The second campaign unsuccessfully targeted the email accounts of several British parliamentarians who made hawkish statements on China. This reportedly included former Conservative Party leader Iain Duncan Smith, who argued that China should ‘immediately be labeled as a threat.’ London announced sanctions on Monday against two individuals and one company linked to APT 31 for its hacking efforts.
Washington joined London on Monday in condemning APT 31, which the United States accused of targeting U.S. officials, journalists, companies, and pro-democracy activists. It said the group sent around 10,000 emails purportedly from prominent journalists containing code that, once opened, installed tracking software. This ‘case serves as a reminder of the ends to which the Chinese government is willing to go to target and intimidate its critics,’ U.S. Attorney General Merrick Garland said. The U.S. Justice Department charged seven Chinese nationals on Monday with conspiracy to commit computer intrusions and wire fraud for APT 31.
Chinese Foreign Ministry spokesperson Lin Jian dismissed the reports on Tuesday, calling it ‘pure political maneuvering by the United States and the United Kingdom to once again hype up the so-called cyberattacks by China and to sanction Chinese individuals and entities.’ The Chinese Embassy in New Zealand went a step further, writing in an email that ‘[w]e have never, nor will we in the future, interfere in the internal affairs of other countries.’” [Foreign Policy]
“Possible escape attempt. Brazil’s Supreme Federal Court on Monday gave former President Jair Bolsonaro 48 hours to explain why he stayed at the Hungarian Embassy in Brasília for two days in February. According to security footage obtained by the New York Times, Bolsonaro appeared to seek political asylum from Budapest mere days after federal authorities confiscated his passport as part of a criminal investigation into whether he tried to incite an insurrection and purposefully spread voting disinformation, among other charges.
On Monday, Brazil’s federal police launched an investigation into the far-right leader’s movements. Bolsonaro confirmed that he stayed at the embassy beginning Feb. 12 but only said, ‘I have a circle of friends with some world leaders. They’re worried,’ when asked why. His lawyers added that Bolsonaro’s visit was to discuss political matters. The Hungarian Foreign Ministry refused to comment.” [Foreign Policy]
Trump urges Israel to end war against Hamas
“Former president and presumptive Republican nominee Donald Trump says Israel should stop military operations against Hamas in Gaza because the violence its hurting its reputation throughout the world. Trump said in an interview with an Israeli newspaper that he supported Israel's initial response to the Hamas attack last year, but he felt it has gone on too long. Despite his criticisms, Trump did not offer a prescription of his own for the Israel-Hamas conflict. While Trump has long touted his support for Israel, he has also engaged in stereotypes about Jewish voters and clashed with Prime Minister Benjamin Netanyahu. Read more about Trump's approach to the Israel-Hamas war.” [USA Today]
Relatives and supporters of Israeli hostages held in Gaza since the October 7 attacks by Hamas militants, hold placards during a demonstration in Tel Aviv, on March 26, 2024.
JACK GUEZ, AFP via Getty Images
“Faye declares victory. Senegalese opposition candidate Bassirou Diomaye Faye, 44, is set to become the West African nation’s youngest-ever president. Former Prime Minister Amadou Ba conceded on Monday after preliminary results showed the ruling-backed candidate with just 36.2 percent of the vote compared to Faye’s 53.7 percent. Authorities are expected to release the final results on Friday.
Faye promised to ‘govern with humility and transparency’ in his celebratory speech on Monday, marking a peaceful transition of power in the coup-riddled region. However, the election last Sunday faced democratic hurdles. Outgoing President Macky Sall initially postponed the election until the end of 2024 in what some argued was an attempt to secure his hold on power. He later rescheduled it and freed Faye from prison just one week before the vote was to be held.
Faye had been imprisoned on defamation charges that his supporters said were politically motivated. Sall congratulated Faye on his presumptive victory and praised ‘the smooth running of the presidential election,’ which he called ‘a victory for Senegalese democracy.’” [Foreign Policy]
“Suicide attack in Pakistan. Five Chinese nationals and their Pakistani driver were killed in northern Pakistan on Tuesday after a suicide bomber collided with their van, according to Pakistan’s Interior Ministry. The laborers were working on the Dasu Dam, a hydropower project in the Khyber Pakhtunkhwa province. No group has claimed responsibility. ‘This isn’t an attack on the Chinese but on Pakistan’s most trusted friend,’ Interior Minister Mohsin Raza Naqvi said. ‘We will respond in a hard manner.’
Tuesday’s assault was the third significant attack against Chinese interests in Pakistan in the past week. The first two targeted a naval base and a strategic port in Pakistan’s southwestern Balochistan province, where Beijing is investing billions of dollars in infrastructure. In total, China is currently spending more than $65 billion to help fund projects that are part of the China-Pakistan Economic Corridor.” [Foreign Policy]
“Breakfast-lovers may find themselves in a sticky situation. Canada’s maple syrup reserve hit a 16-year low in 2023, largely due to poor harvest seasons worsened by climate change. Canada is home to the world’s only maple syrup reserve, which is located in Quebec. Just 7 percent remains of what the reserve held four years ago, though Simon Doré-Ouellet, the deputy director-general of Quebec Maple Syrup Producers, said that ‘we do not foresee any supply issues in the near future.’ Pancakes everywhere are celebrating.” [Foreign Policy]
Visa, Mastercard and the largest U.S. credit-card issuing banks agreed to lower merchant fees, settling a long-running lawsuit.
“In the proposed deal, the credit-card networks and banks would cut the rates that businesses pay to accept credit cards by 0.04 percentage point and cap them for five years. Known as swipe fees or interchange fees, these average around 2%. The merchants’ lawyers said the settlement, which a federal judge has to approve, would eliminate $30 billion in fees over five years. The networks and banks collected $72 billion in interchange fees last year, according to card data company Nilson Report. The deal also would enable merchants to guide consumers to cards that have lower fees and let small businesses form groups to negotiate swipe fees, like large retailers do.” [Wall Street Journal]
Shares of Donald Trump’s social-media company surged about 16% on their first day of trading.
“How soon the former president can tap his roughly $4.5 billion stake in Truth Social is up to the parent company’s board, which includes his son, three former members of his administration and the former congressman who took a leading role in defending him in his first impeachment trial. A judge ruled yesterday that he can pay $175 million to put his $454 million civil-fraud judgment on hold during his appeal. Trump hadn’t been able to get a bond to cover the whole judgment. Typically, people involved in SPAC deals aren’t allowed to sell or borrow against their shares for six months, but the board could grant Trump a waiver. Based on the trading volume of the company taking Truth Social public, Trump could be allowed to offload at least several hundred million dollars worth of stock over three months. Meanwhile, U.S. stocks continued to fall from recent all-time highs.” [Wall Street Journal]
Scientists identified three big risk factors for dementia.
“What are they? Diabetes, air pollution and drinking alcohol, a new study found. Each had an effect that is about twice as much as the other leading risk factors.
Why it matters: The findings suggest people can make decisions to reduce their risk of dementia — which impairs memory, thinking and reasoning — as they age.”
Read this story at Washington Post
Americans are spending big on eclipse tourism.
Percentage of the sun blocked by the moon. (The Washington Post)
“What’s happening? On April 8, a total solar eclipse will be visible from more than a dozen states from Texas to Maine. See how the eclipse will look in your city here.
It’s a huge event: For many people (and animals) it will be a once-in-a-lifetime experience. Arkansas, Indiana and other states are expecting record travel and spending.”
Read this story at Washington Post
NFL radically revamps kickoff rules to improve safety, but also increase 'exciting, fun play'
“The new style — originally adopted by the XFL — has proven to increase return rates, something the NFL has struggled with since making safety-related rule changes.
Place kicker Harrison Butker of the Kansas City Chiefs kicks the opening kickoff during Super Bowl LVIII against the San Fransisco 49ers at Allegiant Stadium on Feb. 11, 2024 in Las Vegas.Luke Hales / Getty Images file
“NFL owners voted to approve changes to the league's kickoff structure for the 2024 season during their annual meeting in Orlando, introducing a system that they hope will produce more returns.
The league announced the change on Tuesday, saying the new structure would resemble a scrimmage style kickoff ‘by aligning players on both teams closer together and restricting movement to reduce space and speed.’
For a standard kickoff, the ball would be kicked from the 35-yard line with the 10 kick coverage players lined up at the opposing 40, with five on each side of the field.
The return team would have at least nine blockers lined up in the “set up zone” between the 30- and 35-yard line with at least seven of those players touching the 35. There would be up two returners allowed inside the 20.
Only the kicker and two returners would be allowed to move until the ball hits the ground or was touched by a returner inside the 20.
Because of the reduced space and time, players won't be going at full running speed and are less likely to incur serious injury when they collide with their opponents.
It's a one-year rule change and can either be changed, kept or discarded by the start of the 2025 season. The style originated in the XFL, a competing professional football league, and has resulted in increased returns.” [NBC News]