Comment on U.S. Supreme Court justices appear torn by health care subsidies case

On Wednesday, the Supreme Court heard oral arguments in a case that presented the grim reality of the post-Roe v. Wade world the justices have created. Without a constitutional right to abortion, states are forcing women into grave yet preventable health crises by denying them emergency abortion care. And yet, it appeared that less than half the courtroom acknowledged that reality. The case arises from Idaho’s extreme abortion ban, which does not contain an exception to preserve the health of the pregnant person.

In a little-noticed court filing earlier this month, federal prosecutors described Steve Bannon as a “co-conspirator” in a massive criminal fraud and racketeering case against a flamboyant, far-right Chinese fugitive, compounding the legal headaches of the former Donald Trump adviser. FBI agents in March 2023 arrested Guo Wengui, a self-styled anti-Chinese government activist Bannon once advised, charging him and two associates with using a series of fraudulent investment opportunities to defraud thousands of Guo’s supporters in the Chinese diaspora of more than $1 billion. Guo used the proceeds to fund a lavish lifestyle for himself and his family, including a $3.5 million Ferrari, a $26 million mansion, a $140,000 piano, and two $36,000 mattresses, the Justice Department alleges.

Last November, the American Israel Public Affairs Committee (AIPAC), the most powerful pro-Israel lobbying group in Washington, announced a $100 million effort to unseat members of Congress who vocally supported calls for a ceasefire in Israel’s war on Gaza. AIPAC and its allies have flooded the spring and summer primaries of Cori Bush, Jamaal Bowman, and Ilhan Omar, and Summer Lee with pro-Israel opponents, limitless spending, and inflammatory rhetoric. Last night, Lee, the first Black woman elected to Congress from Pennsylvania, won her reelection campaign handily, fending off a challenge from a local councilwoman who accused Lee of “stoking antisemitism” and sought to mobilize support from local Jewish leaders.

It’s been said so often it’s almost become a cliché: Donald Trump poses a threat to American democracy. But his authoritarian impulses and hate-encouraging demagoguery are far from the only peril for the nation. Conservatives and Republicans for years have been striving on multiple fronts to weaken democracy by suppressing voter rights and pushing for other measures—such as gerrymandering and placing election boards under partisan control—that undermine majority rule. No journalist has been a better chronicler of this nefarious crusade than Ari Berman, the national voting rights correspondent at Mother Jones.

The Supreme Court on Wednesday will consider its third major abortion case in two years—and the third brought with the help of a legal nonprofit attempting to infuse American life with its far-right brand of Christianity. Not only is the group, Alliance Defending Freedom, behind legislation to ban abortion, it is also increasingly representing state governments in their efforts to protect and enforce the bans.

The Supreme Court on Thursday will hear arguments over former President Donald Trump’s unprecedented and novel theory that former presidents are immune from criminal prosecution for anything that involved alleged “official acts” while in office. But this long-shot theory was only one component of Trump’s overall legal strategy; his main goal was to delay his criminal trial for trying to overturn the 2020 election.