The Morning Dispatch: SCOTUS to Consider Major Abortion Case

Plus: States take different approaches to masking after the CDC’s latest guidance.

(Photo by Chip Somodevilla/Getty Images.)

Happy Tuesday! It’s possible we spoke too soon yesterday about the cicadas.

Quick Hits: Today’s Top Stories

  • The Supreme Court on Monday agreed to hear a case concerning a Mississippi law banning abortions after 15 weeks, the most direct challenge to Roe v. Wade the conservative-majority court has tackled yet.
  • In a Monday call with Israeli Prime Minister Benjamin Netanyahu, President Joe Biden “expressed his support for a ceasefire” but “reiterated his firm support for Israel’s right to defend itself against indiscriminate rocket attacks,” according to a White House readout.
  • Top Republicans on the Maricopa County Board of Supervisors blasted fellow Republicans pushing additional audits of the 2020 election results as conspiracy theorists and grifters. “We ran a bipartisan, fair election. That’s every piece of evidence that I’ve ever seen put in front of us,” said Clint Hickman, a Republican supervisor. “We are operating on facts and evidence presented to this board.”  The county’s top election official, Stephen Richer, also a Republican, called new claims of irregularities from former President Donald Trump “unhinged.”
  • The Biden administration announced Monday the U.S. would send an additional 20 million doses of the Moderna, Pfizer, and Johnson & Johnson coronavirus vaccines to countries struggling to meet demand next month. The new doses will be on top of the 60 million doses of AstraZeneca vaccine that are set to be released pending FDA approval.
  • The Treasury Department said that the child allowance payments passed in Democrats’ March stimulus package—up to $300 per child per month for a single year—will be distributed starting July 15.
  • Joel Greenberg, a former county tax collector with strong ties to Florida congressman Matt Gaetz, pleaded guilty Monday to federal crimes including sex trafficking a minor. The New York Times reported last month that Gaetz himself is under federal investigation for possible sex trafficking crimes.
  • The United States confirmed 54,013 new cases of COVID-19 yesterday per the Johns Hopkins University COVID-19 Dashboard, with 6.2 percent of the 873,736 tests reported coming back positive. An additional 385 deaths were attributed to the virus on Monday, bringing the pandemic’s American death toll to 586,352. According to the Centers for Disease Control, 26,726 Americans are currently hospitalized with COVID-19. Meanwhile, 866,694 COVID-19 vaccine doses were administered yesterday, with 157,827,208 Americans having now received at least one dose.

Supreme Court to Hear Major Abortion Case

The Supreme Court on Monday agreed to hear oral arguments for Dobbs v. Jackson Women’s Health Organization, a case that challenges the constitutionality of a Mississippi state law that permits abortions after 15 weeks of gestational age only in cases of medical emergency or instances of severe fetal abnormality. In a one-line order issued on Monday, the Supreme Court said it will rule next term on the long-standing question of whether all pre-viability bans on elective abortions are unconstitutional.

Legal experts and abortion activists say this case presents an opportunity for the Supreme Court’s 6-to-3 Republican-appointed majority to modify or even overturn Roe v. Wade and Planned Parenthood v. Casey, two cases that have governed abortion law for decades.

“Anti-abortion politicians have exploited their power for this exact moment: the opportunity for the newly comprised Supreme Court to take away our right to abortion,” Planned Parenthood Action Fund President Alexis McGill said Monday. “By taking this case, the court will be reviewing nearly 50 years of precedent guaranteeing our right to abortion. In a country where your ability to access abortion already depends on your income and ZIP code, the court’s decision could even further decimate access.”

Abortion case law’s thorny history dates back to 1973, when the Supreme Court constitutionalized a woman’s right to an abortion in Roe v. Wade. The landmark ruling created an absolute right to an abortion in the first trimester of pregnancy, but held that states could regulate the practice in the second trimester pursuant to the compelling interest of protecting maternal life. Roe also held that states had a compelling interest in protecting fetal life at the start of the third trimesterwhen the fetus is considered viable and can survive outside the womb.

CDC and The Holdouts

As we wrote yesterday, the CDC’s updated COVID guidance concerning masks has lit a fire under states, local governments, and national businesses like Target and Starbucks to move away from policies requiring masking among the vaccinated. Just yesterday, California and New York announced they would move toward lifting their mask mandates, albeit on two very different timetables—New York effective tomorrow, California not until June 15 with the caveat that this date could be pushed back.

“New Yorkers have worked hard over the last year to prevent the spread of COVID and keep each other safe,” Gov. Andrew Cuomo said in a press release. “That work has paid off and we are ecstatic to take this next step in the reopening of our beautiful state.”

A few stragglers, however—including Delaware and New Jersey—have continued to forge ahead with broad mandates and no plans as yet to lift them. New Jersey Gov. Phil Murphy said Monday he is keeping his state’s indoor mask mandate intact, although he is ditching the outdoor mandate for fully vaccinated New Jerseyans.

“As far as we can tell and as much as we want to get there—and we will get there, as it relates to indoor masking, it’s only a matter of time—if you’re in a business and a public setting, we’re not there yet. We’re frankly not there yet,” Murphy said at a vaccination event with actress and comedian Whoopi Goldberg.

Worth Your Time

  • It’s tempting to believe that conspiratorial, tin-hat thinking is something only other people are susceptible to—especially people less educated and more credulous than we imagine ourselves to be. Which is why this piece from the New York Times’s Ben Smith is so fascinating in its depiction of a moral panic that descended on a small online community of former winners of the quiz show Jeopardy! after a contestant who had just won his third game held up three fingers on his right hand—a gesture which, the contestants quickly decided, was likely some sort of white power symbol. “The element of this story that interests me most is how the beating heart of nerdy, liberal fact-mastery can pump blood into wild social media conspiracy, and send all these smart people down the sort of rabbit hole that leads other groups of Americans to believe that children are being transported inside refrigerators,” Smith wrote. “It reflects a depth of alienation among Americans, in which our warring tribes squint through the fog at one another for mysterious and abstruse signs of malice.”
  • The Endless Frontier Act, which was introduced in the Senate by Sen. Chuck Schumer and has the support of several Republicans, aims to put the United States in a better position to compete with China by investing in technological innovation, including in artificial intelligence and high-powered computing. The bill means well but does not go far enough to eclipse China’s effort in the same industries, Stuart Anderson of the National Foundation for American Policy argues in an article for Reason. Anderson also contends that the bill should do more to encourage Chinese people to immigrate to America and stay here by reforming existing visa policies.

Presented Without Comment

Twitter avatar for @evansiegfriedEvan Siegfried @evansiegfried

The book sold 45K copies, so Cuomo was paid roughly $111 per copy sold.

Allahpundit @allahpundit

$5 million for a book about your awesome covid leadership is a pretty strong motive to cover up evidence of how weak your leadership actually was

Toeing the Company Line

  • On Monday’s Advisory Opinions, David and Sarah tackle the huge news about the Supreme Court’s abortion case, walking through possible outcomes and how it fits in with the court’s previous jurisprudence on abortion questions. They also discuss Caniglia v. Strom, a unanimous Supreme Court ruling this week concerning warrantless police searches of homes.

Let Us Know

Where is your state on mask mandates? Are you listening to state and federal guidance to determine your approach to masking and returning to normal or are you making your own decisions?

Reporting by Declan Garvey (@declanpgarvey), Andrew Egger (@EggerDC), Haley Byrd Wilt (@byrdinator), Audrey Fahlberg (@FahlOutBerg), Charlotte Lawson (@charlotteUVA), Ryan Brown (@RyanP_Brown), and Steve Hayes (@stephenfhayes).