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Supreme Court draft decision to overturn Roe v. Wade signals new phase of fractious American politics – The Globe and Mail

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The leaking of a draft Supreme Court ruling that would overturn protections for abortion set in motion a new phase of fractious American politics that has vast, formidable and unpredictable implications in a country already riven by wide divides.

By reversing Roe v. Wade, the Supreme Court would signal a fundamental shift in American social policy and would recast the lives of women, shape the profile of the Congress that will take form after the midterm congressional elections and thrust the high court into prominence it has not possessed since 1954, perhaps since 1857.

The final decision will not be revealed until early summer, and both internal court debate and the reaction to the leak might well shape the final decision, a prospect that could – in this fractious time and on this volatile issue – itself create a furious reaction.

The leak Monday night brought throngs to the street outside the Supreme Court. It may bring throngs to the voting booths this November, when Americans go to the polls in their biannual elections for Congress, which very likely will be the next forum in the abortion politics that have roiled the country for two generations. The Democrats have thin majorities in both chambers that could be enhanced by angry progressives opposing this potential ruling or, just as likely, be eliminated by turbocharged conservatives determined to prevent congressional action to blunt it.

The Supreme Court is above all a political body. It reacts to politics. (The court retreated from its assault on the New Deal after Franklin Roosevelt threatened to expand the court in 1937.) It creates politics. (The court’s 1857 decision on the fugitive slave law and its 1954 decision on racial desegregation set in train vast political change.) And, above all, it practises politics, which may be the motivation of this leak. (Drafts of decisions like this one are part of the internal politics of the court, sometimes prompting negotiations and adjustments in the final decision.)

All of these are in play – and there is almost no precedent in American history.

The three decisions with broadly comparable political and social implications all had robust court majorities. The Roe ruling creating abortion rights and the Dred Scott decision stating that a one-time enslaved person living in a free state was not liberated from bondage both came with 7-2 votes, and the Brown v. Board of Education desegregation decision came with a 9-0 vote. If the tentative lineup on Roe remains unchanged, the vote could be 5-4, both reflecting and broadening the divides in American life that also have few precedents.

The timing of this leak, and ultimately the timing of the ruling, bring immense electoral implications. Voters are preparing to vote in several midterm congressional primaries, including in Ohio where abortion has been a fiery issue for decades. The final decision will surely be an issue in the general election in November, mobilizing both liberals who deplore the overturn of abortion rights and conservatives who have been mobilizing for this since 1973.

The eventual implementation of the draft, written by Justice Samuel Alito, would be a departure for the court, which often prefers to rule around the edges of precedents rather than overturn them. Even so, Justice Alito cited several occasions when the court took on its earlier precedents, including the 1896 Plessy v. Ferguson decision, which permitted racial disparities if the facilities involved were “separate but equal”; by shifting the grounds of argument from Constitutional doctrine to social science evidence, the justices ruled in favour of school integration.

Indeed, there remains the possibility that Chief Justice John Roberts, unusually sensitive to his institution’s profile in American life, might prevail upon his colleagues to narrow their ruling. Such negotiations, like drafts of rulings, ordinarily are conducted in deep secrecy, adding to the aura of mystery that surrounds the court but were punctured by the leak, which itself had one important precedent: the Roe decision itself, provided to Time magazine.

The retention of the essence of the draft could create a Newtonian equal-but-opposite reaction, prompting the overturning of the Senate’s filibuster rule. That would open the way for congressional codification of abortion rights on a simple majority vote while the Democrats still hold power on Capitol Hill, though it also would open the possibility that a new Republican majority would use the same powers to countermand the Democrats.

If the decision stands, the ruling would immediately ban abortion in a quarter of the states and, by year’s end, likely result in its ban in half of them, predominantly in the South and Midwest. The number of abortions in the United States is about 630,000 a year, about the same number as in 1973, when Roe was issued, and fewer than half the number of abortions at the 1990 peak. The abortion rate in the United States is 20.8 per 1,000 women aged 15-44 annually, according to the United Nations, as compared with 15.2 in Canada.

The 1973 Roe decision created decades of political upheaval, prompting angry marches in the capital each January on the anniversary of the ruling. The tumult was matched in modern times only by the 1954 desegregation decision, which created waves of political turbulence that took its immediate form in what was called “massive resistance” to school integration but that continues to shape American politics today.

The only certainty in this political environment is that even if the draft decision becomes the final ruling, it will not provide the last word, and surely not the last words, on abortion in the United States.

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Beyoncé channels Pamela Anderson in ‘Baywatch’ for Halloween video asking viewers to vote

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NEW YORK (AP) — In a new video posted early Election Day, Beyoncé channels Pamela Anderson in the television program “Baywatch” – red one-piece swimsuit and all – and asks viewers to vote.

In the two-and-a-half-minute clip, set to most of “Bodyguard,” a four-minute cut from her 2024 country album “Cowboy Carter,” Beyoncé cosplays as Anderson’s character before concluding with a simple message, written in white text: “Happy Beylloween,” followed by “Vote.”

At a rally for Donald Trump in Pittsburgh on Monday night, the former president spoke dismissively about Beyoncé’s appearance at a Kamala Harris rally in Houston in October, drawing boos for the megastar from his supporters.

“Beyoncé would come in. Everyone’s expecting a couple of songs. There were no songs. There was no happiness,” Trump said.

She did not perform — unlike in 2016, when she performed at a presidential campaign rally for Hillary Clinton in Cleveland – but she endorsed Harris and gave a moving speech, initially joined onstage by her Destiny’s Child bandmate Kelly Rowland.

“I’m not here as a celebrity, I’m not here as a politician. I’m here as a mother,” Beyoncé said.

“A mother who cares deeply about the world my children and all of our children live in, a world where we have the freedom to control our bodies, a world where we’re not divided,” she said at the rally in Houston, her hometown.

“Imagine our daughters growing up seeing what’s possible with no ceilings, no limitations,” she continued. “We must vote, and we need you.”

The Harris campaign has taken on Beyonce’s track “Freedom,” a cut from her landmark 2016 album “Lemonade,” as its anthem.

Harris used the song in July during her first official public appearance as a presidential candidate at her campaign headquarters in Delaware. That same month, Beyoncé’s mother, Tina Knowles, publicly endorsed Harris for president.

Beyoncé gave permission to Harris to use the song, a campaign official who was granted anonymity to discuss private campaign operations confirmed to The Associated Press.

The Canadian Press. All rights reserved.

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Justin Trudeau’s Announcing Cuts to Immigration Could Facilitate a Trump Win

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Outside of sports and a “Cold front coming down from Canada,” American news media only report on Canadian events that they believe are, or will be, influential to the US. Therefore, when Justin Trudeau’s announcement, having finally read the room, that Canada will be reducing the number of permanent residents admitted by more than 20 percent and temporary residents like skilled workers and college students will be cut by more than half made news south of the border, I knew the American media felt Trudeau’s about-face on immigration was newsworthy because many Americans would relate to Trudeau realizing Canada was accepting more immigrants than it could manage and are hoping their next POTUS will follow Trudeau’s playbook.

Canada, with lots of space and lacking convenient geographical ways for illegal immigrants to enter the country, though still many do, has a global reputation for being incredibly accepting of immigrants. On the surface, Montreal, Toronto, and Vancouver appear to be multicultural havens. However, as the saying goes, “Too much of a good thing is never good,” resulting in a sharp rise in anti-immigrant sentiment, which you can almost taste in the air. A growing number of Canadians, regardless of their political affiliation, are blaming recent immigrants for causing the housing affordability crises, inflation, rise in crime and unemployment/stagnant wages.

Throughout history, populations have engulfed themselves in a tribal frenzy, a psychological state where people identify strongly with their own group, often leading to a ‘us versus them’ mentality. This has led to quick shifts from complacency to panic and finger-pointing at groups outside their tribe, a phenomenon that is not unique to any particular culture or time period.

My take on why the American news media found Trudeau’s blatantly obvious attempt to save his political career, balancing appeasement between the pitchfork crowd, who want a halt to immigration until Canada gets its house in order, and immigrant voters, who traditionally vote Liberal, newsworthy; the American news media, as do I, believe immigration fatigue is why Kamala Harris is going to lose on November 5th.

Because they frequently get the outcome wrong, I don’t take polls seriously. According to polls in 2014, Tim Hudak’s Progressive Conservatives and Kathleen Wynne’s Liberals were in a dead heat in Ontario, yet Wynne won with more than twice as many seats. In the 2018 Quebec election, most polls had the Coalition Avenir Québec with a 1-to-5-point lead over the governing Liberals. The result: The Coalition Avenir Québec enjoyed a landslide victory, winning 74 of 125 seats. Then there’s how the 2016 US election polls showing Donald Trump didn’t have a chance of winning against Hillary Clinton were ridiculously way off, highlighting the importance of the election day poll and, applicable in this election as it was in 2016, not to discount ‘shy Trump supporters;’ voters who support Trump but are hesitant to express their views publicly due to social or political pressure.

My distrust in polls aside, polls indicate Harris is leading by a few points. One would think that Trump’s many over-the-top shenanigans, which would be entertaining were he not the POTUS or again seeking the Oval Office, would have him far down in the polls. Trump is toe-to-toe with Harris in the polls because his approach to the economy—middle-class Americans are nostalgic for the relatively strong economic performance during Trump’s first three years in office—and immigration, which Americans are hyper-focused on right now, appeals to many Americans. In his quest to win votes, Trump is doing what anyone seeking political office needs to do: telling the people what they want to hear, strategically using populism—populism that serves your best interests is good populism—to evoke emotional responses. Harris isn’t doing herself any favours, nor moving voters, by going the “But, but… the orange man is bad!” route, while Trump cultivates support from “weird” marginal voting groups.

To Harris’s credit, things could have fallen apart when Biden abruptly stepped aside. Instead, Harris quickly clinched the nomination and had a strong first few weeks, erasing the deficit Biden had given her. The Democratic convention was a success, as was her acceptance speech. Her performance at the September 10th debate with Donald Trump was first-rate.

Harris’ Achilles heel is she’s now making promises she could have made and implemented while VP, making immigration and the economy Harris’ liabilities, especially since she’s been sitting next to Biden, watching the US turn into the circus it has become. These liabilities, basically her only liabilities, negate her stance on abortion, democracy, healthcare, a long-winning issue for Democrats, and Trump’s character. All Harris has offered voters is “feel-good vibes” over substance. In contrast, Trump offers the tangible political tornado (read: steamroll the problems Americans are facing) many Americans seek. With Trump, there’s no doubt that change, admittedly in a messy fashion, will happen. If enough Americans believe the changes he’ll implement will benefit them and their country…

The case against Harris on immigration, at a time when there’s a huge global backlash to immigration, even as the American news media are pointing out, in famously immigrant-friendly Canada, is relatively straightforward: During the first three years of the Biden-Harris administration, illegal Southern border crossings increased significantly.

The words illegal immigration, to put it mildly, irks most Americans. On the legal immigration front, according to Forbes, most billion-dollar startups were founded by immigrants. Google, Microsoft, and Oracle, to name three, have immigrants as CEOs. Immigrants, with tech skills and an entrepreneurial thirst, have kept America leading the world. I like to think that Americans and Canadians understand the best immigration policy is to strategically let enough of these immigrants in who’ll increase GDP and tax base and not rely on social programs. In other words, Americans and Canadians, and arguably citizens of European countries, expect their governments to be more strategic about immigration.

The days of the words on a bronze plaque mounted inside the Statue of Liberty pedestal’s lower level, “Give me your tired, your poor, your huddled masses yearning to breathe free…” are no longer tolerated. Americans only want immigrants who’ll benefit America.

Does Trump demagogue the immigration issue with xenophobic and racist tropes, many of which are outright lies, such as claiming Haitian immigrants in Ohio are abducting and eating pets? Absolutely. However, such unhinged talk signals to Americans who are worried about the steady influx of illegal immigrants into their country that Trump can handle immigration so that it’s beneficial to the country as opposed to being an issue of economic stress.

In many ways, if polls are to be believed, Harris is paying the price for Biden and her lax policies early in their term. Yes, stimulus spending quickly rebuilt the job market, but at the cost of higher inflation. Loosen border policies at a time when anti-immigrant sentiment was increasing was a gross miscalculation, much like Trudeau’s immigration quota increase, and Biden indulging himself in running for re-election should never have happened.

If Trump wins, Democrats will proclaim that everyone is sexist, racist and misogynous, not to mention a likely White Supremacist, and for good measure, they’ll beat the “voter suppression” button. If Harris wins, Trump supporters will repeat voter fraud—since July, Elon Musk has tweeted on Twitter at least 22 times about voters being “imported” from abroad—being widespread.

Regardless of who wins tomorrow, Americans need to cool down; and give the divisive rhetoric a long overdue break. The right to an opinion belongs to everyone. Someone whose opinion differs from yours is not by default sexist, racist, a fascist or anything else; they simply disagree with you. Americans adopting the respectful mindset to agree to disagree would be the best thing they could do for the United States of America.

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Nick Kossovan, a self-described connoisseur of human psychology, writes about what’s

on his mind from Toronto. You can follow Nick on Twitter and Instagram @NKossovan.

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RFK Jr. says Trump would push to remove fluoride from drinking water. ‘It’s possible,’ Trump says

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PHOENIX (AP) — Robert F. Kennedy Jr., a prominent proponent of debunked public health claims whom Donald Trump has promised to put in charge of health initiatives, said Saturday that Trump would push to remove fluoride from drinking water on his first day in office if elected president.

Fluoride strengthens teeth and reduces cavities by replacing minerals lost during normal wear and tear, according to the U.S. Centers for Disease Control and Prevention. The addition of low levels of fluoride to drinking water has long been considered one of the greatest public health achievements of the last century.

Kennedy made the declaration Saturday on the social media platform X alongside a variety of claims about the heath effects of fluoride.

“On January 20, the Trump White House will advise all U.S​. water systems to remove fluoride from public water,” Kennedy wrote. Trump and his wife, Melania Trump, “want to Make America Healthy Again,” he added, repeating a phrase Trump often uses and links to Kennedy.

Trump told NBC News on Sunday that he had not spoken to Kennedy about fluoride yet, “but it sounds OK to me. You know it’s possible.”

The former president declined to say whether he would seek a Cabinet role for Kennedy, a job that would require Senate confirmation, but added, “He’s going to have a big role in the administration.”

Asked whether banning certain vaccines would be on the table, Trump said he would talk to Kennedy and others about that. Trump described Kennedy as “a very talented guy and has strong views.”

The sudden and unexpected weekend social media post evoked the chaotic policymaking that defined Trump’s White House tenure, when he would issue policy declarations on Twitter at virtually all hours. It also underscored the concerns many experts have about Kennedy, who has long promoted debunked theories about vaccine safety, having influence over U.S. public health.

In 1950, federal officials endorsed water fluoridation to prevent tooth decay, and continued to promote it even after fluoride toothpaste brands hit the market several years later. Though fluoride can come from a number of sources, drinking water is the main source for Americans, researchers say.

Officials lowered their recommendation for drinking water fluoride levels in 2015 to address a tooth condition called fluorosis, that can cause splotches on teeth and was becoming more common in U.S. kids.

In August, a federal agency determined “with moderate confidence” that there is a link between higher levels of fluoride exposure and lower IQ in kids. The National Toxicology Program based its conclusion on studies involving fluoride levels at about twice the recommended limit for drinking water.

A federal judge later cited that study in ordering the U.S. Environmental Protection Agency to further regulate fluoride in drinking water. U.S. District Judge Edward Chen cautioned that it’s not certain that the amount of fluoride typically added to water is causing lower IQ in kids, but he concluded that mounting research points to an unreasonable risk that it could be. He ordered the EPA to take steps to lower that risk, but didn’t say what those measures should be.

In his X post Saturday, Kennedy tagged Michael Connett, the lead attorney representing the plaintiff in that lawsuit, the environmental advocacy group Food & Water Watch.

Kennedy’s anti-vaccine organization has a lawsuit pending against news organizations including The Associated Press, accusing them of violating antitrust laws by taking action to identify misinformation, including about COVID-19 and COVID-19 vaccines. Kennedy is on leave from the group but is listed as one of its attorneys in the lawsuit.

What role Kennedy might hold if Trump wins on Tuesday remains unclear. Kennedy recently told NewsNation that Trump asked him to “reorganize” agencies including the U.S. Centers for Disease Control and Prevention, the National Institutes of Health, the Food and Drug Administration and some agencies under the Department of Agriculture.

But for now, the former independent presidential candidate has become one of Trump’s top surrogates. Trump frequently mentions having the support of Kennedy, a scion of a Democratic dynasty and the son of former Attorney General Robert Kennedy and nephew of President John F. Kennedy.

Kennedy traveled with Trump Friday and spoke at his rallies in Michigan and Wisconsin.

Trump said Saturday that he told Kennedy: “You can work on food, you can work on anything you want” except oil policy.

“He wants health, he wants women’s health, he wants men’s health, he wants kids, he wants everything,” Trump added.

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