Abortion ruling puts spotlight on gerrymandered legislatures – By David A. Lieb, Associated Press
In overturning a half-century of nationwide legal protection for abortion, the U.S. Supreme Court ruled that Roe v. Wade had been wrongly decided and that it was time to "return the issue of abortion to the people's elected representatives" in the states.
Whether those elected officials are truly representative of the people is a matter of debate, thanks to another high court decision that has enabled control of state legislatures to be skewed to the right or left.
In June 2019, three years before its momentous abortion ruling, the Supreme Court decided that it has no role in restraining partisan gerrymandering, in which Republicans or Democrats manipulate the boundaries of voting districts to give their candidates an edge.
The result is that many legislatures are more heavily partisan than the state's population as a whole. Gerrymandering again flourished as politicians used the 2020 census data to redraw districts that could benefit their party both for this year's elections and the next decade.
In some swing states with Republican-led legislatures, such as Michigan and Wisconsin, "arguably gerrymandering really is the primary reason that abortion is likely to be illegal," said Chris Warshaw, a political scientist at George Washington University who analyzes redistricting data.
Meanwhile, "in states where Democrats have gerrymandered, it's going to help probably make abortion laws more liberal than people would like," he added.
A majority of Americans support abortion access in general, though many say there should be some restrictions, according to public opinion polls.
States have sometimes been viewed as laboratories for democracy — institutions most closely connected to the people where public policies are tested, take root and potentially spread.
Writing for the Supreme Court's majority in its June 24 abortion decision, Justice Samuel Alito noted that 30 states had prohibited abortion when the 1973 Roe v. Wade ruling "short-circuited the democratic process," usurped lawmakers and imposed abortion rights nationwide.
"Our decision returns the issue of abortion to those legislative bodies, and it allows women on both sides of the abortion issue to seek to affect the legislative process by influencing public opinion, lobbying legislators, voting, and running for office," Alito wrote.
Abortion already is an issue in Wisconsin's gubernatorial and legislative elections. A recent Wisconsin poll showed a majority supported legal abortion in most or all cases. But a fight is brewing over an 1849 state law — which had been unenforceable until Roe v. Wade was overruled — that bans abortion except to save the life of the woman.
Democratic Gov. Tony Evers is backing a court challenge to overturn the law, enacted just a year after Wisconsin gained statehood. He also called a special legislative session in June to repeal it. But the Republican-led Assembly and Senate adjourned in a matter of seconds without taking action.
Wisconsin's legislative chambers had one of the nation's strongest Republican advantages during the past decade and are projected to continue to do so under new districts in place for the 2022 elections, according to an analysis by PlanScore, a nonprofit that uses election data to rate the partisan tilt of legislative districts.
"Democracy is distorted in Wisconsin because of these maps," Assembly Minority Leader Greta Neubauer said.
In 2018, Democrats won every major statewide office, including governor and attorney general, races where gerrymandering isn't in play. But they have not been able to overcome heavily gerrymandered state legislative districts since Republicans won control of the statehouse during the midterm elections in 2010.
"If we had a truly democratic system in Wisconsin, we would be in a different situation," she said. "We would be overturning this criminal abortion ban right now"
Republican state Rep. Donna Rozar, a former cardiac nurse who backs abortion restrictions, said gerrymandering shouldn't stop political parties from running good candidates to represent their districts. She expects a robust abortion debate during the campaign to carry into the 2023 legislative session.
"This is an issue that is so critical to come back to the states, because each state then can elect people that will represent their values." Rozar said.
The 2010 midterms, two years after former President Barack Obama was elected, were a pivot point for control of statehouses across the country. Coming into that election, Democrats fully controlled 27 state legislatures and Republicans 14, with the rest split. But sweeping GOP victories put the party in charge of redistricting in many states. By 2015, after two elections under the new maps, Republicans fully controlled 30 legislatures and Democrats just 11.
That Republican legislative advantage largely persisted through the 2020 elections, including in states that otherwise are narrowly divided between Democrats and Republicans, such as Michigan, North Carolina, Pennsylvania and Wisconsin.
In New Mexico, it's Republicans who contend the Democratic-led Legislature has pushed beyond the will of many voters on abortion policies. The New Mexico House and Senate districts had a sizable pro-Democratic edge during the past decade that got even more pronounced after districts were redrawn based on the 2020 census, according to the PlanScore data.
Democratic Gov. Michelle Lujan Grisham signed legislation last year repealing a dormant 1969 law that banned most abortions. After Roe v. Wade was overruled, she signed an executive order making New Mexico a safe harbor for people seeking abortions. Unlike most states, New Mexico has no restrictions on late-term abortions.
"I don't think that the majority of New Mexicans support New Mexico's abortion policy at this time," Republican state Sen. Gay Kernan said. "New Mexico is the late-term abortion capital of the United States, basically."
The Republican nominee for governor, Mark Ronchetti, has proposed to ban abortions after 15 weeks of pregnancy with exceptions for rape, incest and when a woman's life is at risk. But the legislative proposal has been described as dead on arrival by Democratic state Senate Whip Linda Lopez.
Michigan could provide one of the biggest tests of representative government in the nation's new abortion battle.
Republicans drew Michigan legislative districts after the 2010 census and created such a sizable advantage for their party that it may have helped the GOP maintain control of the closely divided House, according to an Associated Press analysis. As in Wisconsin, Democrats in Michigan won the governor's race and every other major statewide office in 2018 but could not overcome legislative districts tilted toward Republicans.
The dynamics have changed for this year's elections. The GOP's edge was cut in half under new legislative districts drawn by a voter-approved citizens' redistricting commission, according to the PlanScore data. That could improve Democrats' chances of winning a chamber and influencing abortion policy.
Michigan's Republican gubernatorial challengers generally support a 1931 state law — temporarily placed on hold by a judge — that bans abortions unless a woman's health is at risk. Democratic Gov. Gretchen Whitmer, who is running for reelection, wants to repeal that law.
Republican state Rep. Steve Carra said lawmakers are looking to replace it with "something that would be enforceable in the 21st century."
"It's more important to protect life than it is a woman's right to choose to take that life," said Carra, who leads a coalition of 321 lawmakers from 35 states that had urged the Supreme Court to return abortion policy to the states.
Unsure about their legislative prospects, abortion rights advocates are gathering signatures for a November ballot initiative that would create a state constitutional right to abortion, allowing its regulation only "after fetal viability."
"It's the best shot that we have at securing abortion access," Democratic state Rep. Laurie Pohutsky said. "I think if this is put in voters' hands, they will want to see this ballot measure succeed."
Speeding car slams another vehicle, killing 3 in New Mexico – By Associated Press
New Mexico State Police say they suspect alcohol was a factor when a speeding car slammed into a sedan backing out of a driveway late Friday, killing a woman and two children riding with her.
State troopers reported a car driven westbound on State Road 120 in the small northeastern community of Wagon Mound by 22-year-old Jesse Joel Blanco hit the other car around 10:45 p.m. Friday.
The driver of that second vehicle was 42-year-old Irene Romero, who was killed along with her 4-year-old child and a 9-year-old girl. Authorities did not release the children's names and the older child's relationship to Romero was unknown.
Blanco was held on three counts of vehicular homicide while driving drunk, speeding and other charges. His passenger Dominc Armijo was arrested on suspicion of trying to hide alcohol containers afterward.
A 21-year-old woman traveling with Blanco and Armijo was treated for injuries not considered life threatening. She was not identified and her condition was unknown.
Las Cruces boy finds bone marrow match in sister – By Leah Romero, Las Cruces Sun-News
Moustapha Idrissa and Balkissa Boubacar's first child was born eight years ago. Muhammad was perfect and the young family was happy. However, standard tests on the newborn revealed he had sickle cell anemia.
Sickle cell diseases are inherited blood disorders that affect millions of people each year — particularly those with ancestors from sub-Saharan Africa, Spanish-speaking areas of the Western Hemisphere, Saudi Arabia, India and several Mediterranean countries, according to the Centers for Disease Control and Prevention.
Normal red blood cells are circular and contain the protein hemoglobin, which carries oxygen. But in patients who have SCD, their hemoglobin is abnormal, causing red blood cells to become sickle- or banana-shaped. The odd shape can lead to blockages, strokes and other complications.
Many people diagnosed with the disorders experience excruciating pain. Muhammad has not.
"Some describe it as if you take a nail and hammer hitting the bone," Moustapha told the Las Cruces Sun-News, noting that some people are given morphine because the pain is so bad.
The disease can be managed in some cases by making sure the person isn't too hot or too cold, is hydrated and by managing diet. These are several of the ways the Idrissa family managed Muhammad's condition and he has largely been able to lead a normal life. Still, Muhammad has taken note of how his childhood differs from others.
"When he was young, he (would) ask me why is he the only one getting poked (by needles) all the time," Moustapha said of his son. "When I take him to the hospital and they try to get blood from him, sometime they check him three, four, five times a day getting like five, ten tubes (of blood). It's hard."
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Muhammad needs bone marrow transplant
Moustapha is from The Republic of Niger in West Africa but traveled to the U.S. as an adult. The family later moved from Washington D.C. to Santa Fe where Moustapha studied sustainable agriculture, including hydroponics and aquaponics. He also operated a popular food cart, Mafe Café, where he served West African and New Mexican fusion food.
In 2019, Moustapha took Muhammad to Tennessee for routine scans after he started exhibiting SCD symptoms. Doctors found Muhammad had suffered a silent stroke, which happens when blood and oxygen are blocked from going to the brain, but the patient exhibits no noticeable symptoms. This can be a warning of a more serious stroke.
Moustapha said doctors suggested Muhammad needed a bone marrow transplant — the only known treatment to cure SCD.
By this time the family had grown to include another son, Ibrahim, and daughter, Jennah, who was born premature weighing just 2 pounds. She had to stay in the Neonatal Intensive Care Unit for months before her family could take her home.
Muhammad's family were tested to see if they were a bone marrow match. It wasn't until Jennah was 9 months old that she was tested and she came back a perfect match for her older brother. However, Jennah needed to grow before the transplant procedure could happen.
"That's a big sigh of relief because some people go like 20, 15 years (before a donor match is found) and that can create all kind of problems. And so we're really happy," Moustapha said.
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Moving to Las Cruces
In the meantime, the family moved to Las Cruces in July 2020 at the advice of doctors and Muhammad started getting blood transfusions every few weeks. Another way to manage SCD is to avoid high elevations.
The blood transfusions are used to trick Muhammad's body into thinking there is no need to produce more blood cells, as there are already enough in his body. So far this has been successful, but it also means Muhammad has accumulated more iron in his body than is safe. Doctors are currently working to address this.
Today, Muhammad is 8 years old and Jennah is 3. Their siblings, Ibrahim and Iman, are 5 years and 18 months, respectively. Muhammad is the only child to be diagnosed with SCD.
Moustapaha described his children as happy, energetic little ones. After moving to Las Cruces, he started taking classes at New Mexico State University and recently graduated with a bachelor's degree from the College of Agricultural, Consumer and Environmental Sciences.
The transplant process is scheduled to begin in July at Seattle Children's Hospital. Testing and preparation will take about a month, Moustapha said, then the actual procedure will take place. The following month will be critical to ensure Muhammad's body accepts the transplant and to allow Jennah to heal.
According to the Mayo Clinic, Muhammad's immune system will be suppressed to prepare for the transplant. Samples taken from Jennah will be introduced to her brother's body. The idea is that the new bone marrow will allow Muhammad's body to produce healthy, circular red blood cells on its own.
The entire family will relocate to Seattle for nearly a year as it is too expensive to maintain residences in both states. Moustapha said he will likely not be able to work while caring for his hospitalized children. A friend of the family started a GoFundMe page for them to help with travel costs, living expenses and any other medical expenses that may not be covered by insurance.
The online fundraiser has raised more than $4,600, but the page has a goal of $50,000.
Moustapha added that he was uncomfortable asking for help because he prefers to be the person who gives to others. But his family needs help and he is thankful for the generosity of the New Mexico community.
Next year, after the children are healthy, he said he plans to move the family back to Las Cruces, where he hopes to complete his master's degree at NMSU. Las Crucens may even have the chance to try Moustapha's fusion food.
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'Promise to God'
Moustapha's long-term goal is to return to Africa to share the knowledge he has gained in his college studies and also to help people there suffering from SCD. Many do not have access to treatments such as those in western countries. He hopes to establish a sickle cell foundation in Africa.
"I made a promise to God that (once my son is healthy), I'm going to also help every sickle cell patient I come across," Moustapha said.
He also made a promise to Muhammad and said his son is looking forward to the transplant.
"He's excited about the bone marrow transplant because I told him I'll take him to Africa after the transplant, but right now he has a port it's not recommended I travel with him to Africa" Moustapha said. "He keeps telling people, 'once my port is removed, then I can go to Africa and ride a horse.' So he's excited about that. He wants to play, wants to have fun."
Attorneys for Trump in New Mexico confront new scrutiny – By Morgan Lee, Associated Press
Renewed efforts are underway to investigate and possibly discipline two attorneys that helped the Donald Trump campaign challenge New Mexico's 2020 presidential election results in the weeks prior to the Jan. 6, 2021, insurrection at the U.S. Capitol.
A group including former Albuquerque Mayor Martin Chavez on Thursday asked the state Supreme Court to intervene and ensure an investigation in public view of the two attorneys who represented the Trump campaign for possible violations of standards of professional conduct.
The complaint cites possible violations of conduct rules by New Mexico-based attorney Mark J. Caruso and another attorney, Michael Smith, who lists a Texas address and a Washington law license.
The state's chief disciplinary counsel and disciplinary board chairman previously determined in confidential proceedings that there was no violation of rules against frivolous litigation by Caruso and Smith.
Caruso said by email that he was confident the Supreme Court will stand behind the previous finds, describing the accusations as "political claims by N.M. Democrat attorneys."
The new complaint against the attorneys highlights recent testimony in the congressional hearings about Jan. 6, including the role of Santa Fe-based lawyer John Eastman as a chief architect of plans after the 2020 election to pressure then-Vice President Mike Pence into rejecting the electoral college results. The California State Bar is investigating whether Eastman violated that state's law and ethics rules for attorneys.
Now-President Joe Biden won the 2020 vote in New Mexico by about 11 percentage points or nearly 100,000 ballots. But the Trump campaign still filed a lawsuit with the U.S. District Court in Albuquerque that sought to invalidate absentee ballots cast at drop boxes and halt the certification of New Mexico's presidential electors.
New Mexico is among seven states where fake electors submitted false Electoral College certificates that declared Trump the true winner of the 2020 election. The new complaint says Caruso and Smith might have encouraged the fake electors.
"The relief that Mr. Caruso and Mr. Smith requested was tantamount to asking the federal court to overturn the election in New Mexico, despite a landslide victory for President Biden," says the lawsuit filed by Chavez and five other New Mexico attorneys. "Given the gravity of possible attorney involvement in a conspiracy to overturn the 2020 election, the (New Mexico) Supreme Court, the Bar and the electorate all need any decision, either enforcing discipline or exonerating Mr. Caruso and Mr. Smith, to demonstrate deliberation and thoroughness, in a non-confidential and public manner."
New Mexico's office of the disciplinary counsel in March wrote that "Caruso and Smith's actions may warrant public hearings in some other forum, but not due to their actions within the confines of the rules of professional conduct."
A New York appeals court last year suspended the law license of Rudy Giuliani, the point man for pushing Trump's false claims about the 2020 election. The court said Giuliani's bid to discredit the election was so egregious that he poses "an immediate threat" to the public.
The Texas bar association is seeking to punish state Attorney General Ken Paxton, citing professional misconduct in his failed efforts to overturn the 2020 presidential election based on bogus claims of fraud.