The Dictatorship
Texas AG Ken Paxton just broke a fragile abortion truce between states
A fragile truce between the states on abortion just collapsed: Last week, Texas Attorney General Ken Paxton filed a lawsuit against a doctor in New York for mailing pills into the state. The physician, Margaret Daly Carpenter, is part of a group called the Abortion Coalition for Telemedicinewhich represents doctors who mail abortion medications — in this case, mifepristone and misoprostol — to states where the procedure is banned. ACT refers to these clients as “shield providers” because they rely on the protections afforded by so-called shield lawswhich are on the books in 23 states and the District of Columbia to protect providers and other possible defendants from out-of-state legal consequences. Texas’ suit is the first to challenge these shield laws, and it’s likely to raise unprecedented legal questions in the new year.
The genesis of shield laws dates from shortly before the Supreme Court overturned Roe v. Wade, after Missouri considered (but ultimately didn’t pass) a bill that would project its abortion ban outside state lines. That inspired a pre-emptive strike from lawyers supportive of abortion rights, who drafted shield laws to prevent criminal and civil consequences for residents who helped out-of-state abortion-seekers.
With this lawsuit, we enter uncharted territory.
The most ambitious — and most consequential — form of assistance involved doctors in jurisdictions where abortion is protected mailing abortion pills into states where abortion is banned. This strategy has had obvious practical advantages: It makes medication available to patients who live in remote areas or lack the resources to easily travel out of state. The shield network also makes pills available far more quickly than would be the case if doctors were based offshore. Shield doctors can organize in a range of states to mail tens of thousands of pills into states where abortion is a crime. And there has been no challenge to shield provisions in federal court — until now.
With this lawsuit, we enter uncharted territory. Texas has accused Carpenter of practicing medicine without a license and violating a state law limiting the availability of abortion pills, with civil penalties for the latter starting at $100,000. If Texas’ lawsuit goes forward, it seems likely, Texas will win in its own state courts. A Texas court will have to decide which state’s law applies, given that the physician was based in one state and the patient and the abortion in another. Standard telehealth law tends to focus on the location of the patient. And Texas will argue that it has the right to apply its laws because of where the abortion — the injury in Texas’ view — took place. That means Texas could win a civil judgment against Carpenter even if she never travels to the state.
The real question might be whether New York will enforce a judgment against Carpenter despite what its shield law and state constitution say about reproductive rights. Texas will argue that New York has no choice because of the Full Faith and Credit Clausewhich generally requires states to honor valid, final judgments and decisions of other states. But the clause has exceptions. For example, states don’t have to carry out the penal policies of other states — a term that encompasses not just criminal laws but other laws that have the purpose of punishing “an offense against the public justice of the state.” While state courts have rarely applied this exception, Texas’ laws — especially civil penalties on abortion pills — look pretty penal: Their goal is not to help an injured patient but to enforce Texas’ concept of justice. New York courts may simply refuse to honor whatever ruling a Texas court reaches. Would Texas then try to garnish money from accounts in banks with in-state branches? Could Carpenter easily frustrate that ambition by moving her assets to a different bank?
The answers to these questions are that no one knows.
Further complicating matters is the fact that Carpenter could sue Texas right back under New York’s shield law, which authorizes so-called clawback lawsuits against anyone who brings a suit that counts as “unlawful interference with protected rights.” If she does, the state will argue it has sovereign immunity from any lawsuit that Carpenter brings under the 11th Amendment, which limits when states can be sued in federal court. And Texas will say it definitely has the power to go after Carpenter because she chose to have contact with the state when she mailed pills to patients within its borders.
What is certain is that the Supreme Court will ultimately have to decide these legal questions. Many of them land in enough of a legal gray area that predicting the outcome with any certainty is challenging, especially with conservative judges who are likely to sympathize with Texas’ view of reproductive rights.
These lawsuits will tee up even messier questions.
Here’s another certainty: Whatever happens in this case will be just the tip of the iceberg. If Texas and other anti-abortion jurisdictions can target doctors who mail pills into their states, it will be harder to target providers who serve out-of-state patients who travel to places where abortion is legal. And then there are in-between scenarios — for example, if a patient receives a pill in one state and ingests it another. None of that even touches on whether states like Texas can go after someone for providing information that facilitates abortion travel or a corporation for subsidizing abortion-related travel of employees in ban states.
And though Texas can claim sovereign immunity, that won’t be true of other plaintiffs, like the former partners of abortion patientswho can also bring suit against out-of-state defendants. These lawsuits will tee up even messier questions. States may even race to be the first to reach a final judgment they can then push their neighbors to recognize.
In concurring with the overturning of Roe v. Wade, Justice Brett Kavanaugh quoted Justice Antonin Scalia’s complaint that “Roe fanned into life an issue that has inflamed our national politics in general.” The man who appointed Kavanaugh to the court agreed: With Roe gone, Donald Trump said“we have abortion where everyone wanted it from a legal standpoint.” It will soon be quaint to think of the demise of Roe as Trump and the conservative justices do: as a kind of settlement that would simplify and de-escalate conflicts about abortion. Texas’ lawsuit makes it clear that with Roe gone, things are about to get much more complicated — and much worse.
Mary Ziegler is a law professor at the University of California, Davis, School of Law and the author of “Roe: The History of a National Obsession.”
President Donald Trump is giving fragile U.S.-Iran diplomacy “some space” before deciding whether to resume strikes, United Nations Ambassador Mike Waltz said Sunday.
Hours later, however, Trump posted images to social media depicting the U.S. attacking Iran.
Waltz also dismissed concerns over the United States’ diminished munitions stockpiles, even as he conceded that “a lot” of weapons have been depleted, which he said was because of the Russia-Ukraine war and fighting with the Houthis.
“I want to be crystal clear: The U.S. military — and I’ve verified this every which way — has everything that it needs to conduct this campaign as effectively as it needs to be,” Waltz told NBC’s “Meet the Press.”
Waltz’s comments came on the second consecutive day of paused fighting between the United Sates and Iran amid reports of a dwindled U.S. stockpile of Patriot antimissile interceptors, among other munitions.
The New York Times reported Sunday that the depletion of interceptor stockpiles is among the reasons why the administration is wary of resuming major combat operations in a war launched without congressional authorization and which has grown exceedingly unpopular.
But Waltz underscored that the pause in fighting is to allow for an opportunity for peace — not because of an insufficient weapons supply, and warned that those leaking information to the press about the U.S. not having sufficient weaponry “deserve to be in jail.”
“What the president is doing right now, as we’ve seen all along, is giving some talks some space. Talks are ongoing,” Waltz told NBC. “They’re happening at every level, from the more technical aspect of it all the way to the highest levels, of course, within both the Iranian government and the U.S. government.”
He reiterated in an appearance on CBS News’ “Face the Nation” that Trump “is giving diplomacy a chance.”
But even after Waltz publicly touted giving peace a chance, Trump posted several AI-generated images on Truth Social Sunday afternoon depicting the U.S. striking Kharg Island. In one imageTrump is standing on the deck of an Iranian oil tanker with an American flag in hand.
Trump met with top aides on Friday to weigh escalating military action against Iran, according to a senior White House official. On Saturday, the president told a French journalist that he is “absolutely” considering resuming full-scale war with Iran if the U.S. doesn’t “get 100% of what we want.”
Waltz declined to give a timeline for when the war would end.
Meanwhile, Israeli Prime Minister Benjamin Netanyahu said Sunday that if Iran plays any role in attacking Israel, it would be making a “terrible mistake” and that the response would be “very forceful.”
“If Iran attacks Israel – either directly or through proxies, either with ballistic missiles or UAV [Unmanned Aerial Vehicles]’s or killer drones — it will make a terrible mistake,” he said on Fox News’s “Sunday Morning Futures.”“Because our response, Israel’s response, will be very, very forceful.”
Netanyahu, who launched the war with Iran jointly with Trump on Feb. 28, is set to meet with his U.S. counterpart at the White House on Tuesday, the same day he’s scheduled to attend the funeral of the late Sen. Lindsey Graham, R-S.C.
Jake Traylor and Emily Hung contributed to this report.
Erum Salam is a breaking news reporter for MS NOW, with a focus on how global events and foreign policy shape U.S. politics. She previously was a breaking news reporter for The Guardian.
BERLIN (AP) — The suspect in the deadly Berlin Pride attackthat left one person dead and 29 injured was shot and killed by police during a confrontation on Sunday in a suburb of the city, authorities said.
Abdul Ballout, a German citizen with Lebanese roots, was killed following a search that lasted nearly 24 hours after the attack in downtown Berlin. Prosecutors said he had previously sought to join the militant Islamic State group.
Ballout was suspected of driving a van into a crowd near Berlin’s Pride festival Saturday night before apparently stabbing others with a machete in what authorities believe was an Islamic extremist terror attack.
“Everything we see here points to us dealing with an Islamic terror attack,” Interior Minister Alexander Dobrindt said.
Dobrindt put the total number of wounded at 29. The attack occurred a few hundred meters (yards) from a party near the Brandenburg Gate that was supposed to close out the city’s Pride festival.
Ballout was born in Germany, the minister said. His mother was naturalized in 2002, three years before he was born.
Ashley Jump, a 26-year-old U.K. resident, had traveled to Berlin for Saturday’s Pride parade but had left the celebrations before the attack. They returned Sunday to leave flowers at a memorial near the crime scene in support of the LGBTQ+ community.
“They’ll never erase us, we’ll never be gone,” they said. “As long as humanity has existed, we’ve existed. And as long as humanity exists, we will exist. We will not be removed.”
Suspect convicted of ties to Islamic extremism
Ballout traveled to Lebanon in 2025 with the goal of going to Syria to join the Islamic State group, Berlin prosecutors said Sunday.
There, he made contact with several people who were presumed members of the militant group — or at least he believed them to be, prosecutors said. He was arrested in Lebanon last year and sentenced by a military court to three months’ imprisonment for offenses including incitement to religious and sectarian conflict.
He returned to Germany after completing his sentence, where he was arrested at the Berlin airport.
In May, a juvenile court in Berlin convicted Ballout of preparing a serious act of violence endangering the state, as well as publishing Islamic State propaganda on his Instagram account and other charges, prosecutors said.
The court handed down a suspended sentence of 1 year and 10 months in youth custody, which Berlin prosecutors have appealed.
The court said it took Ballout’s months of pre-trial detention in Germany and Lebanon into account. It also said it considered that Ballout had confessed to the crimes, appeared to distance himself from the militant group and no actual threat had ever materialized.
He was released from detention pending the appeal.
Berlin’s Pride festival is one of Europe’s largest LGBTQ+ celebrations
According to police, a white van drove into the Tiergarten park around 10 p.m. and hit several people before colliding with a tree. The closing party at the Pride festivalknown as Christopher Street Daywas ongoing at the time next to the Brandenburg Gate, a short distance away. The party followed a parade with some 80 trucks that had made its way through downtown Berlin earlier in the day.
The attack did not occur at the festival, along its route or at the closing party. Rather, the violence took place a few hundred meters (yards) away on a track in the Tiergarten park. The van drove into a crowd that was likely a mix of festivalgoers and other locals or visitors.
Police said a woman was killed.
On Sunday afternoon, hundreds of mourners gathered at a memorial at the iconic gate. They hugged each other and laid down flowers, candles, rainbow flags and homemade signs, including a cardboard one that said: “the only thing more powerful than hate is love.”
Hundreds of thousands had come to Berlin to celebrate on Saturday, though it’s unclear how many were still at the festival by late evening. It’s one of Europe’s largest LGBTQ+celebrations.
“We are simply stunned by what happened,” said Andre Lehmann, a top official with the main national LGBTQ+ association, LSVD+. “This suspected attack hits the heart of the queer community.”
Amsterdam says it will celebrate freedom in the wake of Berlin attack
Chancellor Friedrich Merz vowed that law enforcement would find the suspect.
“I would like to say this to Christopher Street Day participants here in Berlin but also across Germany: Don’t let yourselves, let us not let ourselves, be intimidated,” he said. “These acts have only one purpose: They aim to divide our society. They want to take away from us the most important thing we have: Namely our openness and our freedom.”
Dobrindt said he expected security measures at other major events in Germany, including Pride events elsewhere, to be reviewed and if necessary significantly strengthened.
Berlin has seen Islamic extremist attacks before. In December, 2016, a rejected asylum seeker from Tunisia plowed a hijacked truck into a Christmas marketkilling 13 people and injuring dozens. He was killed days later in a shootout in Italy.
In February last year, a Spanish tourist was stabbed and seriously wounded at Berlin’s Holocaust Memorial, an attack that saw a Syrian man convicted in March and sentencedto 13 years.
This week, Amsterdam will be hosting World Pride alongside its own annual Pride celebrations. Mayor Femke Halsema said authorities and organizers “are closely monitoring the security situation” after the Berlin attack but aim to prevent any extra measures getting in the way of celebrating freedom and love.
Katy Perry lambasted the Trump administration over the weekend for using her song “Firework” in one of its social media videos about U.S airstrikes on Iran.
The pop star said she was “deeply appalled and angry” over the use of her song in a White House TikTok video featuring bombs exploding set to Perry’s 2010 hit — specifically featuring her lyrics “boom, boom, boom.” A caption on the video, which has more than 6 million views, reads: “Iran has been warned.”
“I did not approve this, I was not asked, and I absolutely do not condone it. I wrote this song to be an anthem of hope, healing, and inner strength for people going through their darkest personal moments,” Perry wrote in an X post on Saturday. “To see a message of self-worth and upliftment weaponized to soundtrack destruction and violence is a complete violation of everything my song stands for. My music is for bringing people together, not celebrating warfare.”
White House aide Kaelan Dorr responded to Perry, saying“This you?” He posted Perry’s own military-themed music video of her song “Part of Me,” in which she’s dressed in combat uniform.
Perry, who is in a romantic relationship with former Canadian Prime Minister Justin Trudeau, is among many other prominent artists who have rebuked the Trump administration for using their music in videos on official accounts.
Kesha publicly admonished President Donald Trump’s administration in March after the official White House TikTok account used her song “Blow” in another video about military action. “Stop using my music, perverts,” she said on X.
The Filipino American pop star Olivia Rodrigo expressed outrage at the Trump administration after it used her song “All-American Bitch” last fall in a video threatening deportations. She responded to the Department of Homeland Security at the time, saying, “Don’t ever use my songs to promote your racist, hateful propaganda.”
While the video is still visible, Rodrigo’s music has been removed.
And last December, Sabrina Carpenter condemned the administration for using her song “Juno” in a video about immigration arrests, which she called “evil and disgusting.”
“Do not ever involve me or my music to benefit your inhumane agenda,” the singer wrote at the time.
Ariana Grandealso posted on her Instagram story last September criticizing the administration over its immigration policyanti-LGBTQ+ messaging and alleged censorship. In response, White House Deputy Press Secretary Kush Desai told her, “Save your tears,” a reference to one of her songs. Last month, after the White House used her song “Bye” in an anti-immigration video on TikTok, she commented“Please do not ever use my music in relation to this barbaric, inhumane, heinous nonsense.”
Trump has repeatedly lashed out at Taylor Swift. The White House poked fun at the mega star earlier this month when shemarried Kansas City Chiefs player Travis Kelce at Madison Square Garden. Its official X account posted photo-shopped images of the venue’s billboards blaring, “TRUMP IS YOUR PRESIDENT.” After she endorsed his opponent, Kamala Harris, in the 2024 election, Trump wrote, “I HATE TAYLOR SWIFT!”
Last year, Trump went after Bruce Springsteenfor insulting the president at a concert in Manchester, England, where the Boss called the administration “corrupt, incompetent and treasonous.” Trump called the Grammy-award winning artist “highly overrated,” writing in part, “Never liked him, never liked his music, or his Radical Left Politics and, importantly, he’s not a talented guy.”
Erum Salam is a breaking news reporter for MS NOW, with a focus on how global events and foreign policy shape U.S. politics. She previously was a breaking news reporter for The Guardian.
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