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Weekly Digest
Letter from an Editor | December 7, 2024
Dear John,
This week marked a historic occasion at the Supreme Court: the first time an openly trans lawyer argued before the court. Chase Strangio, co-director for transgender justice with the ACLU’s LGBT & HIV Project, was there defending access to life-saving care for trans youth—care that the Supreme Court seemed, in their lines of questioning, pretty intent on taking away.
U.S. v. Skrmetti , a case challenging Tennessee’s ban on healthcare for trans youth, is the first of its kind to be heard by the nation’s highest court—and as such will likely set an important precedent for future trans rights cases. As Ms . assistant digital editor Oliver Haug reported this week, the plaintiffs are arguing that the state’s ban violates the U.S. Constitution’s Equal Protection Clause—an argument similar to one made in 2020’s Bostock v. Clayton County , in which the Court found that discrimination against LGBTQ+ workers counts as discrimination on the basis of sex under Title VII.
As experts have pointed out, the case could also have sweeping implications for the way the Court handles issues of sex discrimination across the board. In oral arguments Wednesday, Roberts and other conservative justices expressed a worrying disregard for the precedent set in 1996’s United States v. Virginia : that any law drawing lines based on sex receives a more intense level of review, or “heightened scrutiny,” from the federal courts. Justice Ketanji Brown Jackson noted that if the Court were to do away with this precedent and create an exception for Tennessee, other fundamental rights could be at stake—she brought up 1967’s Loving v. Virginia , which decriminalized interracial marriage, as an example.
An appeals court ruled this week that Idaho can enforce its anti-abortion travel ban, which in broad strokes criminalizes the very act of helping young women find abortions—anywhere. “Republicans want to scare anyone who might help teens access abortion—whether it’s a beloved grandmother or a local abortion fund,” writes Jessica Valenti. “And as you know, this doesn’t stop with teenagers… young people are the canaries in the coal mine: what happens to them today comes for us all tomorrow.”
In Missouri, just weeks after Missourians voted to enshrine abortion rights in their state’s constitution, the Republican Missouri attorney general is looking for ways to undo it, arguing that some restrictions under the state’s abortion ban are still legal.
And in Arizona, the Center for Reproductive Rights (along with the ACLU, the ACLU of Arizona, Planned Parenthood Federation of America and a private law firm) have launched a new lawsuit aimed at striking down the state’s 15 week ban, which they say violates the state’s new constitutional amendment protecting abortion rights. “Voters made it clear on November 5 that, when it comes to abortion rights, Arizona is not a battleground state,” said Nancy Northup, president and CEO, Center for Reproductive Rights in a statement.
The right to make decisions about one’s own body should not be a “controversial” issue—so why do Republican legislators and attorney generals, and conservative judges and justices continue to treat it as such?
Finally, if you’re looking for some more lighthearted weekend reading, I’d urge you to check out Ms . contributor Janelle Hobson’s writing on the power of Wicked’s feminist message in this current cultural moment. (And if you haven’t seen the movie yet, you should—we’re big fans here at Ms.!)
Onward,
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Kathy Spillar
Executive Editor
This Week's Must-Reads from Ms.
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The Same Conservative Playbook That Overturned Roe Is Now Coming for Trans Healthcare [[link removed]] We Heart: Trans Activists Stage Peaceful (and Joyful) Dance Party Protest in Capitol Hill Women’s Restroom [[link removed]]
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War on Women Report: Infant Mortality on Rise Post-Roe; Want a President Who Isn’t Accused of Rape? ‘Request Denied,’ Tweets Andrew Tate [[link removed]] Flying Free: Wicked’s Feminist Message [[link removed]]
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[link removed] [[link removed]] Tune in for a new episode of Ms. magazine's podcast, On the Issues with Michele Goodwin on
Apple Podcasts [[link removed]] + Spotify [[link removed]] .
In this episode, we continue to assess and reckon with the 2024 election results. How did abortion rights prevail, while anti-abortion lawmakers were elected in the very same states? What will a Trump administration mean for women’s rights, federal courts, agencies and throughout government? Are there any safeguards left as a check or restraint on abuse of office? And, what silver linings can we find among the election results?
We hope you'll listen, subscribe, rate and review today!
U.S. democracy is at a dangerous inflection point—from the demise of abortion rights, to a lack of pay equity and parental leave, to skyrocketing maternal mortality, and attacks on trans health. Left unchecked, these crises will lead to wider gaps in political participation and representation. For 50 years, Ms . has been forging feminist journalism—reporting, rebelling and truth-telling from the front-lines, championing the Equal Rights Amendment, and centering the stories of those most impacted. With all that’s at stake for equality, we are redoubling our commitment for the next 50 years. In turn, we need your help, Support Ms. today with a donation—any amount that is meaningful to you [[link removed]] . We are grateful for your loyalty and ferocity .
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