Friday, July 01, 2022

REPARATIONS DUE
Tax Liens Cost Generations of Black Americans Their Land

LONG READ


To the east of the Gay Fish Co. dock on South Carolinas St. Helena Island, a new bridge soars above the water, high enough for the shrimp boats to clear as they head to sea. It hits ground near the gatehouse for the private Harbor Island, where some of the colorful triple-decker beach homes have backyard tennis courts and putting greens. Across the water to the south, a guard turns the uninvited away from Fripp Island, a playground studded with luxury homes and three golf courses. The gate to a third private island is down Sea Island Parkway toward the mainland. Hilton Head is a short boat ride away.

In the middle of them all sits St. Helena, the largest of the sea islands that stretch out from the antebellum city of Beaufort. St. Helena has no golf courses, no gated guardhouses. Mobile homes are its primary housing stock.

Bordered by tidal estuaries, sounds, and bays, the island holds a special place in Black history. Freed slaves flocked here after the Civil War. They held political power and produced one of the highest concentrations of Black landowners in the US. Gullah culture, the richest expression of African traditions and language in the country, is centered here. But St. Helena is also a case study in how Black-owned land is lost.
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Just west of the Gay dock, across an inlet filled with seagrass, sits one of St. Helenas few residential subdivisionsHorse Island, a loop of two-story homes, many with long docks reaching into the tide. John and Hilda Gay, founders of the fish company, developed the subdivision in the 1960s on 40 acres of land that a Black woman named Evelina Jenkins thought she owned.

For the final 35 years of her life, Jenkins lived across the street from the entrance to Horse Island, watching land that had been in her family for three generations become a middle-class subdivision, with lots snapped up by transplants from the inland South and the Midwest. She and her children made a living as farmhands and as nannies, cooks, house cleaners, dockworkers, and caregivers, including for the Gays and their company, while the land they once owned generated money for White families. One piece of it, an islet in the tidal river, eventually sold for $1.5 million as a private island.

Jenkins and her family were among thousands and thousands of Black families who lost their land, or a better description is that they had it taken or stolen in the first half of the 20th century, says US Representative Jim Clyburn, whose district includes coastal South Carolina. I distinguish taken from stolen because these were things that were done in plain sight and with the help of government.

The loss has repercussions for family wealth to this day. Those are the things that people dont think about, Clyburn says. They think about how somebody can now sit at a lunch counter and ride anywhere on a bus. But that is not the real legacy of Jim Crow. The real legacy is this kind of stuff. Thats the wealth taken from Black families. And White families got wealthy unfairly. And it was legal, all legal.

Families, they hand things down to their people. We didn't have that kind of start

On the day Jenkins found out her familys land was gone, shed planned to pay her annual property taxes the way she always did, giving the money to a White man whod get it where it needed to be. It was sometime in the 1960s. She caught a ride across the Richard V. Woods Memorial Bridge into Beaufort and went to the office of a lawyer named William Levin, to whom shed been passing her tax money. This time, Levin told her that the land wasnt hershed bought it decades earlier at a sheriffs sale for back taxes. The cost was $26. The money shed been paying had been rent, he said. He was telling her because hed sold the land in 1961 to the Gays, and now they intended to subdivide it. She and her family would have to move.

She came back just distraught, so upset, says Delphine Gillard, Jenkinss granddaughter. 

It crushed her.

Many details are lost to history, including how Jenkinss land ended up in a tax sale in the first place and why the family wasnt aware of it. Some family members blame Levin. Others suspect a relative helped divert the tax money. No one has any proof. County records show that the land was sold in 1932, and census records partly back up Jenkinss claim that she had no idea it was gone. The family told census takers in 1940 that they owned the land free and clear. They may have said the same in the 1950 census, but its impossible to know. The US Census Bureau neglected to microfilm that years housing forms for much of the country, according to the National Archives, and theyre now lost.

The ripple effects of the wealth transfer are less elusive. The White families who ended up with the Jenkins family land would have been prosperous anyway; the land made them more so. For Jenkinss family, the land was a lost opportunity to build wealth. I grew up thinking we were the poorest people in the world, but apparently we werent at one time, says Rosalyn Small, a great granddaughter of Jenkins who lives in Huntsville, Ala. Families, they hand down things to their people. We didnt have that kind of start. Everything we did, we had to do it on our own.

The Jenkinses land was lost in an early version of a tax collection mechanism still in place today, the tax lien sale. Levin gained ownership of the land by paying the familys back taxes, plus some fees. The family then had a year to pay him back, plus interestbut, not knowing theyd lost the land, they made no effort to get it back.

Andrew Kahrl, a professor of African-American history at the University of Virginia, is an expert in the role tax policies have played in shaping the racial wealth gap in the US. Hes paid particular attention to tax sales such as the one that cost the Jenkins family their land.

Tax sales have been around for at least a century, Kahrl says, and took wing in the Great Depression, around the time the Jenkins land was lost. Interstate Bond Co. in Atlanta developed the first large-scale business based on tax sales, paying delinquent taxes on farmland in the South. Typically the company didn't want the land; it made its money from the interest farmers had to pay to get it back. The idea spread. In cities across the US, a new breed of lawyers turned tax-buying speculators sprang up in response, often targeting poor minority neighborhoods, Kahrl wrote in a study of a predatory tax lien operation in Chicago in the 1970s. (In that instance, a lawyer known as Chicagos tax lien king got a key deadline for repayment moved to right after Christmas, in a successful bet that many homeowners would be distracted and short on cash.)

The tax lien industry took off particularly in the states that allowed the highest interest rates and offered taxpayers the least protection. Some states allow usurious interest. In Texas, taxpayers pay 25% if they redeem their land within a year, 50% if they take longer. In Indiana, Maryland, and South Carolina, investors collect interest not only on the owed taxes and fees, but also on whatever premium they paid over that amount, which encourages investors to bid more at auction and makes it harder for taxpayers to buy back their property.

Black families in the US bear a heavier tax burden than White ones. A 1973 study by the Department of Housing and Urban Development found higher tax rates in Black neighborhoods in 10 cities across the country. More than four decades later, a 2020 report from the Federal Reserve Bank of Minneapolis found Black and Hispanic homeowners paid 10% to 13% more in property taxes than Whites for homes with the same market value.


Today 30 states sell tax liens, and investors buy $3 billion to $5 billion in tax liens a year, says Brad Westover, executive director of the National Tax Lien Association, a trade group. Tax sales help local governments pay for services and generally dont cost families their homes, Westover says. Less than half of 1% of liens result in a taxpayer actually losing their property, and 70% of the land lost that way is vacant, according to the organization.

Most of the hedge funds and people who are in this space recognize that this is simply an arbitrage business, Westover says. Investors do not know anything about the demographics of the delinquent taxpayer.

Regardless of what investors know, a number of studies agree: Black families are disproportionately represented both in the ranks of those whose property is sold at tax lien sales and those who later lose their land because of it.

  • St. Helena Island - ArcGIS StoryMaps

    https://storymaps.arcgis.com/stories/a73616da14944289ae1c832d5fe3bd1a

    2021-10-07 · St. Helena Island is located in present-day South Carolina, situated between the cities of Charleston, SC and Savannah, GA. St. Helena Island is surrounded by marsh strewn …


  • St. Helena Islands place in Black history was forged by two events related to the US Civil War. The first was the Great Skedaddle of 1861, in which the entire White population of Beaufortthen the summer home of the sea island planters and one of the wealthiest cities of its size in the USfled overnight in advance of the Union Army. They abandoned mansions, plantations, and an estimated 8,000 to 12,000 Black slaves. Local legend holds that soldiers from the North found only one White man in Beaufort, and he was drunk. The army paid the left-behind Black population to farm, making them de facto if not yet legally free. Northerners rushed to St. Helena to help,creating schools and training programs. Word spread. By the summer of 1862, almost 3,000 refugee slaves had found their way there.

    The second event was the Union Armys Special Field Order No.15 in January 1865. It confiscated 400,000 acres along the Atlantic Coast from North Florida to Charleston, S.C., including St. Helena, and ordered the land given in 40-acre plots to freedmen. The orderthe storied promise of 40 acres and a mulewas rescinded after the assassination of President Abraham Lincoln, as Andrew Johnson invited White planters to reclaim their land. Many did so, but not on St. Helena, now heavily populated by Black farmers with four years of freedom under their belts.

    Black land ownership on the island was exceptionally high in the post-Civil War years.


    The freedmen bought the abandoned land, often from Union soldiers whod acquired it for taxes. By the late 1880s, the areas population was more than 90% Black, with really, really high rates of land ownership, says

    Caroline Grego, an historian of the period. Farmers supplemented their income working in the phosphate mine and harvesting oysters to sell in town. They built a middle class and political clout, including a Black sheriff and port master. They sustained this society for almost two decades after the White South began stripping Black citizens of their rights in the Jim Crow era, which lasted until the civil rights movement of the 1960s. Land ownership led to the sustenance of this community that was able to bolster itself against Jim Crow for a very, very long time, Grego says.

    Jenkinss grandfather Caesar Scott bought 40 acres of St. Helenas Pine Grove Plantation in 1884, paying a former Union Army soldier from Massachusetts $400. Scotts holding included the land that would later be called Horse Island and a smaller island called Little Horse. Scott and his family, including daughter Olivia Scott Jenkins and granddaughter Evelina, worked the land, growing vegetables and rice.


    Part of the 66 acres bought by Caesar Scott and lost in tax sales.

    Evelina was tall and slim. She had some Native American blood, and you could see it, says Gillard, whom Jenkins raised while her mother cared for a child of the Gay family. Her mother was Blackfoot. She had a tiny nose, and her eyes looked like they always had eyeliner. Jenkins wore work clothes and was always working. She had a longtime boyfriend and two children who lived to adulthood. She was known in the family as a wizard with numbers.

    Her wooden house had porches front and back and was full of children, including Gillard, her six siblings, and her cousins. All of them called Jenkins Mama. She grew okra, tomatoes, corn, and famously large sweet potatoes, sold most of her harvest, and gave some away to the community. She fished in the tidal waters, casting nets she made herself. She basically lived off the land, Gillard says.

    By the 1930s, when Jenkins was in her 20s, the islands prosperity had been battered by two hurricanes and the loss of the phosphate industry, along with Jim Crow and the Depression. People were desperate, says Stephen Schein, a White Beaumont native whose family ran grocery stores that served the local Black population. They had nothing. They had houses you could see through. There were unscrupulous people who would tell you, You owe so much in taxes that you are going to go to jail. All you need to do is sign over your deed to me.

    The use of White middlemen to pay property taxes was common. So were tales of predation, especially with property taxes. People were doing stuff who had access to the Black population, because the Black population trusted them, says Joe McDomick Jr., a retired Black judge who worked for years to save St. Helenas Black-owned land from tax sales. There were some Black folks back in the day who didnt feel safe going to the courthouse to pay their taxes. They thought it was not necessary if they could have a White person do it for them. It could be anybody. It could be an insurance person. We had White people going door to door collecting insurance, and people would give them their tax money. It could be a neighbor.

    For almost 40 years, tax sales on St. Helena and in the rest of Beaufort County went through the countys sheriff, J.E. McTeer. Appointed in 1926 at the age of 22 to fill his dead fathers seat, McTeer, a White man, remained the top law officer in the majority-Black county until he was voted out in 1962. He prided himself on using his own version of African witchcraft or voodoo to control the islands Black population, brazenly making up hexes and spells in competition with St. Helenas Black witch doctors. In part because of that, he never had to carry a gun. He would later get into real estate development on St. Helena and write a book on his magic trade:

    Fifty Years as a Low Country Witch Doctor.

    Records about the Scott land are a mess. They show that by the end of his life, Caesar Scott had 66 acres on St. Helena. McTeer sold it all from Scotts estate in 1932 at a sheriffs sale for $26. He sold the same property again in 1936, for $40. The double sale is a mystery. The buyer both times was Levin, who for a time shared a downtown Beaufort office building with McTeer.

    Levin was one of five children of shopkeepers Morris and Alice Levin, whod immigrated from Russia and were part of a small but vibrant and progressive Jewish community in Beaufort. A great nephew, Ken Goldman of Minneapolis, says his great-uncles and -aunts were on the right side of civil rights history in a South that was not easy on Jews. He remembers the veranda of their Beaufort home full of friends from the North.

    William Willie Levin was one of the most respected lawyers in Beaufort. He bought roughly 60 properties over the years, including an historic house on Beauforts downtown Craven Street and 19 properties purchased for taxes at sheriffs sales, many on St. Helena. The Gays paid him $5,000 for their piece of the Scott property and subdivided it into dozens of lots, which they began selling for a few thousand dollars apiece.

    John and Hilda Gay moved to St. Helena to start their fish company in 1948, leaving a nice home on neighboring Ladys Island for a house so rickety you could look through the floor boards and see the chickens, says their son Charles Gay, who was then a toddler. Almost everybody else on the island was Black.

    Gay remembers his father buying Horse Island: Daddy bought it from the lawyer, Levin, he says. It was an easy transaction compared with a second purchase of land next door to Horse Islandnow also a subdivisionfrom a relative of the Jenkinses named Ernest Middleton. It ended up in court nine years later, after other heirs came in from New York in a limousine and sued, Gay says. We had to buy it back on the courthouse steps after nine years, for a lot more money.

    He says it was a good thing they did, though. Property values have gone way up. Property on this island has gone crazy, he says.

    Gay doesnt remember anyone living on Horse Island. He says he and his family knew the Jenkins family, though, both before and after they bought the land. Yes, of course, he says. They worked for us. So did Ernest Middleton. He worked for us until he died. Jenkins family members worked on the docks and on the boats. Gay remembers one who worked as a caretaker for his parents as they aged: She was known for ferociously protecting his fathers post-lunch nap.

    Over time, the land benefited both of the White families who acquired it. Hilda Gay transferred several lots to her six children, who also inherited Little Horse Island after her death, according to county records. The children sold Little Horse for $200,000 in 1998, though Charles Gay argued then and insists now that they should have held on to it.

    For Levin, the benefits of his real estate ventures went largely to his niece, Helen Levin Goldman, now a retired college professor living in Minneapolis. Levin gave Goldman and her late husband, Larry, one piece of St. Helena land in 1972, for $10. Ten years later, Levin died and she inherited the Beaufort house. In 1998, Goldman sold the house to an historic Black church and gave 8 acres from the former Jenkins land to her three sons, including Ken Goldman, a marketing and retail entrepreneur, who spoke for the family.

    The loss split the Jenkins family. Some relatives refused to speak to Evelina for the rest of her life, convinced shed secretly sold the land

    Ken Goldman says he is fascinated by Jenkinss story and its implications for intergenerational wealth, but he is skeptical that his great-uncle did anything unethical. The family remains politically liberal. Goldman says he was stunned by what the George Floyd murder in 2020 laid bare about his citys racial relations and policing. In response, he began reaching out to released felons to offer them employment at his newest startup, an online dog accessory business that took off during the pandemic.

    Back in South Carolina, the loss of the land split the Jenkins family. Some relatives refused to speak to Evelina for the rest of her life, convinced shed secretly sold the land and pocketed the proceeds. They painted her to be a bad person, like she purposely sold it and then we got all this money, says Tawana Promprakai, a great-granddaughter who lives near the entrance to the Horse Island subdivision. That wasnt right. She was displaced. She was kicked out of her home.

    After losing her land, Jenkins enlisted the help of neighbors to dig out her wooden house and move it to a small plot across the road from the entrance to Horse Island. A cousin had given her the land to keep her from homelessness. Over time, the house deteriorated, and Jenkins moved into a double-wide trailer on the property. Eventually the fire department burned down the house for a training exercise.

    Jenkins never got over losing the land and the rift it caused in her family. When she suffered a stroke in 1990, she talked about it all the way to the hospital in Charleston, Gillard says. She kept saying, They took my land, they took my land, as the ambulance took her away.

    A housing development on St. Helena.

    Activists have worked to rein in tax sales on St. Helena. They show up at sales and urge investors not to bid on so-called heirs property, which has been passed down without wills, until heirs can clear up the title. They make sure families such as the Jenkinses know when the rights to their land are about to be auctioned off.

    Families rich in land and poor in capital continue to struggle to pay the rising taxes on the increasing value of their land, the same dynamic that plays out in gentrifying neighborhoods in cities across the US. Beaufort County has tried to protect St. Helenas Black farming culture with zoning that forbids golf courses and gated communities, but the value of the land keeps rising.

    The threat of tax sales only got worse when the pandemic dried up the tourism jobs at neighboring island resorts. The tax sale market has been flooded, says Theresa White, whose nonprofit

    Pan-African Family Empowerment & Land Preservation Network Inc. raises money to help Black families pay back taxes on their land. White wrote to South Carolina Governor Henry McMaster in 2020, asking him to delay the October tax sales in the state and give families more time to buy back property lost in the 2019 sale.

    Families are on the ropes from Covid-19, she wrote. Clear evidence of that can be seen just driving through communities here in Beaufort County, where a sea of neon green signs have been posted on houses, gates, fences, and trees announcing that the property theyre on has been seized. White called the looming 2020 tax sale a scandalous state-sanctioned land grab of poor, unemployed, and Black peoples land by rich investors and developers from across the United States.

    South Carolina law gives families a year to buy back their property for whatever an investor paid for it, plus as much as 12% interest. The interest rate is on the low end nationally, but the cost can add up in coastal areas where competitive bidding often takes prices far beyond the required minimum of twice the taxes owed.

    The state didnt delay the 2020 tax sale. It did pass a law giving families another year to redeem land lost in 2019, as long as they paid another years interest. That displeased tax sale investors including Mercury Funding LLC of Memphis, which sued. According to county records, the company had paid almost $3.5 million in the 2019 tax sale in Beaufort County for property with only $95,521 in delinquent taxes. The delay meant it had to wait another year to sell, if the land wasnt redeemed. Lawyers for Mercury didnt return several calls and emails for comment.

    The state Supreme Court threw out the extension on a technicality in July 2021, but not before the longer payment timeline had helped many families redeem their land, says Maria Walls, Beaufort Countys treasurer and one of the few local officials who supported the delay. In 2019 and 2020, 136 properties on St. Helena sold at a tax sale. Thanks in part to the extension and donors, owners bought back 113 of them. In the most recent tax sale, which happened in October, 36 propertiesout of 258 total in Beaufort Countywere sold. A total of $32,366 was owed on them. They sold for $486,796. The delinquent taxpayers have until this October to redeem the properties.

    Evelina Jenkins died in 1997. Her descendants forged their own way. Some still live on St. Helena. Many have moved away. Theres no way of knowing how their fortunes would have been different if the land were still theirs. Gillard says that its the principle that matters most and that the people who got the familys land shouldnt have been able to benefit from it unfairly.

    To Small, the great-granddaughter from Huntsville, the property might have helped her provide a home for her mother, who spent her life cleaning houses and now lives in a subsidized senior apartment off-island. It also might have helped pay for the education that she and other descendants were able to get only by enlisting in the military or taking on debt.

    Some of Jenkinss heirs worked or work at low-wage jobs, cooking and cleaning at nearby resorts or homes. Many, though, pulled themselves into the middle class. Forty of Jenkinss grandchildren and great-grandchildren graduated from college. Two have masters degrees. Gillard has a doctorate and is a school administrator and educator. Promprakai, now raising her family at home, was a special-education teacher. One great-grandson is in the Navy. A great-granddaughter is an economic analyst at a bank.

    Those successes dont erase the pain thats part of Evelina Jenkinss legacy. Its said in the family that some of the children whod moved from Horse Island with her had no idea what had happened until later. They would wander down to the water to catch crabs and wave at the White children moving in.

    The land meant something to us, Promprakai says. This was a personal attack on what we had accumulated as a family.

    Having the homestead is what is missed, Small says. Compared to everybody else, they have some place and we dont.

    Read more:
    My Familys Long-Gone Texas Land Shows How Black Wealth Is Won and Lost
  • https://en.wikipedia.org/wiki/Black_land_loss_in_the_United_States

    When slavery was abolished in 1865, black Americans started to demand American land. One of the responses offered to their demand was Field Order 15 issued through what is famously …

  • https://atlantablackstar.com/2017/06/30/from-15-million-acres-to-1...

    2017-06-30 · Beaufort County, S.C., which includes Hilton Head, was 57 percent Black in 1950 but is now 77 percent white, as The Nation reported, with Black farmers falling from half of all …

  • https://www.resilience.org/stories/2020-07-30/land-loss-has-plagued...

    2020-07-30 · The proportion of the United States under black ownership has actually shrunk over the last 100 years or so. At their peak in 1910, African American farmers made up around 14% …

  • https://modernfarmer.com/2019/08/how-did-african-american-farmers-

    2019-08-19 · Black agriculture was a powerhouse; per capita there were more black farmers than white farmers. But by the turn of the 21st century, 90 percent 


  • GM calls off plan to sell India car plant to China's Great Wall

    FILE PHOTO: Logo of GM atop the company headquarters

    By Aditi Shah

    NEW DELHI/SHANGHAI (Reuters) -General Motors (GM) said on Friday it had called off the sale of a shuttered Indian plant to China's Great Wall Motor after they failed to obtain regulatory approvals, amid a tougher stance by New Delhi towards investments from Beijing.

    GM struck a deal in January 2020 to sell the plant to Great Wall, with the Chinese SUV-maker expected to pay up to $300 million as part of a broader plan to invest $1 billion to establish a presence in India's growing car market.

    The agreement, which was extended twice, expired on June 30.

    "We have been unable to obtain the required approvals within the time frame of the deal," George Svigos, executive director of communications at GM International, told Reuters.

    "Our strategy in India remains unchanged and we will now explore further options for the sale of the site," he said, adding the company "hopes to achieve a price that reflects the value of the asset".

    "Great Wall Motor will keep its attention to the Indian market in the future and continue looking for new opportunities," the Chinese automaker said in a statement on Friday, while confirming the termination of the plant deal.

    The Indian government did not immediately respond to emails seeking comment.

    GM's deal with Great Wall was agreed just months before India toughened its stance in April 2020 on investment from neighbouring countries including China, making them the first major casualty of the move that has held up billions of dollars of capital inflow in sectors such as automobiles and technology.

    This was part of a broader crackdown by India on businesses with Chinese links amid worsening diplomatic relations. Separately, New Delhi also banned more than 300 Chinese mobile apps, including TikTok, over security concerns.

    "It is hoped that the relevant countries will properly honor their commitment to openness and cooperation and provide a fair, just and non-discriminatory business environment for foreign investors,” China's Ministry of Foreign Affairs told Reuters when asked to comment on the matter.

    The move draws a line under a more than two-year effort by GM and Great Wall, forcing the U.S. firm to restart its hunt for a buyer while it continues to spend money on maintaining some machinery and tooling in the factory.

    Asked if the plant could be used to make electric vehicles, Svigos said it was suitable for a number of industrial uses, including by non-automotive companies, and GM would explore all options.

    GM, which stopped selling cars in India at the end of 2017, has already sold its other plant to SAIC Motor Corp, where the Chinese automaker builds cars under its British brand, MG Motor.

    This will also send Great Wall back to the drawing board on its plans to enter India, which it considered an important part of its global strategy to break into new markets like Latin America, Thailand and Brazil.

    Last year, Great Wall re-allocated to Brazil a portion of its $1-billion investment earmarked for India and reassigned some of its staff after delays in winning government approvals.

    (Reporting by Aditi Shah, Zhang Yan, Martin PollardEditing by Mark Potter and Kim Coghill)

    UPDATE 1-China's Great Wall Motor shelves $1 bln India plan -sources

    Fri, July 1, 2022 
    By Aditi Shah

    NEW DELHI, July 1 (Reuters) - China's Great Wall Motor has shelved plans to invest $1 billion in India and laid off all employees at its operations there after failing to obtain regulatory approvals, three sources with direct knowledge of the matter said on Friday.

    The Chinese automaker has been planning to enter the Indian market since 2020 but now becomes one of the biggest casualties of New Delhi's increased scrutiny of investments from Beijing.

    Without directly commenting on the exit, a Great Wall statement said the company "would like to thank all the members of Indian team for their contribution", adding that it would continue to study the Indian market and look for opportunities in the future.

    Great Wall's India entry plan was announced with great fanfare during the country's biennial auto show in January 2020. India was a key market for the Chinese SUV manufacturer's global expansion plans and the company had envisioned a plant that would be its biggest outside China.

    Months later, after Great Motor began hiring staff in India, New Delhi increased scrutiny of investments from countries with which it shares a land border to deter opportunistic takeovers during the COVID-19 pandemic.

    The crackdown deepened after a border clash between India and China later that year, which has since held up billions of dollars of capital inflow in the auto and technology sectors among others.

    The sources, who declined to be named, said that Great Wall laid off about a dozen employees at its Indian business on Friday after telling them it had failed to obtain foreign direct investment approval from the government to buy a former General Motors (GM) plant in the country.

    Earlier on Friday Great Wall and GM called off the plant deal, drawing a line under a two-year initiative.

    An Indian government spokesperson could not immediately be reached for comment outside regular business hours.

    The axed employees were working on the company's planned India entry in departments including finance, strategy and marketing, two of the sources said, adding that they are to be given three months' severance pay.

    Great Wall's patience had been waning since last year. In August it allocated to Brazil a portion of its planned $1 billion India investment and reassigned some of its staff.

    The company's research and development centre in the southern Indian city of Bengaluru is operating as normal, it told Reuters earlier on Friday. (Reporting by Aditi Shah Editing by Mark Potter and David Goodman)

    Pope appoints first cardinal from Amazon rainforest




    - Pope Francis waves from a golf cart as he is driven inside a coliseum during a meeting with indigenous groups from the Peruvian Amazon, in Puerto Maldonado, Madre de Dios province, Peru, Jan. 19, 2018. When the Archbishop of the Brazilian city of Manaus Leonardo Steiner kneels before Pope Francis on Aug. 27, the Brazilian clergyman will make history as the first Cardinal who comes from the Amazon. 
    (AP Photo/Rodrigo Abd, File)


    by FABIANO MAISONNAVE and NICOLE WINFIELD
    Fri, July 1, 2022 

    RIO DE JANEIRO (AP) — When the Archbishop of the Brazilian city of Manaus Leonardo Steiner kneels before Pope Francis on August 27, the Brazilian clergyman will make history as the first cardinal to come from the Amazon region.

    “The communities feel that the distance between Rome and the Amazon is now smaller,” Steiner told The Associated Press in a written interview. “Perhaps this is the reason for the Amazonian people’s joy with Pope Francis’ move.”

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    Steiner attributed his selection to four priorities of the pope: the desire to do more missionary work in the Amazon and to be attentive to the poor; to care for the Amazon “as our common home” and to be a Church that "knows how to contribute to the autonomy of Indigenous people.”

    Sprawling across nine countries, the Amazon region is larger than the European Union. It is home to 34 million people, of whom more than three million are Indigenous, belonging to around 400 ethnic groups, according to the Catholic Church.

    There is a religious lens through which to see the acute environmental struggles playing out in the region as well: The Catholic Church’s socio-environmental agenda is a contentious issue with numerous Brazilian Pentecostal churches. These have a powerful caucus in Brazil's parliament and have embraced the pro-agrobusiness beef caucus in Congress. Both Pentecostals and cattle industry advocates belong to far-right President Jair Bolsonaro’s political base.

    Cardinals are the most senior clergy below the pope. Often called “red hats” because of the color of their skullcaps, they serve as papal advisors. More important, together they select each pope, the leader of the world’s 1.3 billion Catholics.

    For observers of the church, it will come as no surprise that Francis has finally named an Amazonian cardinal, given the importance the region has had for his papacy and the attention he has shown it.

    POPE FRANCIS' ENVIRONMENTAL AWAKENING


    Francis was first moved by the plight of the vast Amazon basin in 2007, during the Episcopal Council of Latin American Bishops Conference, according to the Brazilian priest and historian José Oscar Beozzo. Francis was at that time the archbishop of Buenos Aires, and helped write the official account of the conference. The final text advocates for the preservation of both the Amazon and Antarctica.

    Francis then dedicated an entire synod, or meeting, of bishops from the region in 2019. In his environmental awakening, crystallized in his 2015 encyclical “Praised Be,” he advocates for the preservation of the region's biodiversity and portrays Indigenous peoples as forest guardians. In 2018, he also visited Madre de Dios, a region in the Peruvian Amazon devastated by illegal mining and logging.

    The pope made Steiner archbishop of Manaus just after the Amazon synod ended, tapping a Franciscan who clearly shares the same ethos and ideology as the pope’s namesake, St. Francis. The pope may have noticed Steiner because he had a prominent position in the Brazilian bishops’ conference and was acting as its secretary-general from 2011-2019. He also has serious Roman credentials, having served as the secretary general of the Franciscans’ Pontifical Antonianum University in Rome, one of the major pontifical universities.

    CATHOLIC BISHOPS FROM AMAZON REGION MEET IN ROME

    The Amazon synod was also notable for the theft of three Indigenous statues featuring a naked pregnant woman, that were part of a procession in the Vatican at the start of the meeting. Conservative critics had blasted the synod’s “pagan” prayers and idolatry, and early one morning, thieves entered a Vatican-area church where the statues were displayed and tossed them into the Tiber River.

    Francis publicly apologized to the Indigenous leaders present for the theft, and the statues were dredged from the river in time for the end of the meeting. One was placed prominently on display in the synod hall as the synod fathers voted on the final recommendations.

    The main thief, an Austrian far-right activist Alexander Tschugguel, went on to become something of a celebrity within the traditionalist opposition to Francis because of the stunt. In the years since, the stunt itself has come to crystalize the loathing that conservatives and traditionalists have for this pope, where even crimes are justified to save the faithful from his “heresy.”

    THE CATHOLIC CHURCH AND THE AMAZON RAINFOREST


    The Catholic Church’s relationship with the Amazon began in 1617 when Franciscan missionaries arrived in the coastal region of Belem. Their opposition to the enslavement of Indigenous peoples strained the relationship with Portuguese authorities, who expelled Catholic missionaries from the region on three occasions, last in 1759.

    In the beginning, Catholic denominations required missionaries to learn Indigenous languages to work in the Amazon and spread Christianity. Jesuit priests went as far as creating Nheengatu, a language based on the Tupi Indigenous language adapted with Portuguese words and grammar. For a time it became the most common language in the Amazon and remains spoken in some regions.

    For Beozzo, the historian, Pope Francis is promoting a kind of “patriarchy” in the Amazon, similar to the five patriarchies in places such as Jerusalem and Constantinople during the early Middle Ages, an effort to elevate the status of the Amazon within the Catholic structure.

    The synod, the creation in 2020 of the Ecclesial Conference of the Amazon Region and now Steiner’s elevation are all part of Francis' goal of placing the world's largest rainforest center stage, Beozzo said.

    “His choice begins a very important moment of considering the Amazon as a region with its own church dynamics, one which welcomes the prominence of the region’s Indigenous peoples.”

    Steiner, 71, is one of 21 new Cardinals announced by Pope Francis in late May. They include Giorgio Marengo, who has been the apostolic prefect of Ulaanbaatar, Mongolia, Robert McElroy, bishop of San Diego and Peter Okpaleke, bishop of Ekwulobia, Nigeria.

    Winfield reported from Rome.

    Associated Press climate and environmental coverage receives support from several private foundations. See more about AP’s climate initiative here. The AP is solely responsible for all content.
    AI WARFARE KILLER BOT
    India conducts flight of autonomous flying wing technology demonstrator


    Vivek Raghuvanshi
    Fri, July 1, 2022 

    NEW DELHI — India on Friday successfully carried out the first flight of an autonomous technology demonstrator.

    The aircraft, launched by Bangalore-based Aeronautical Development Establishment under the purview of the state-run Defence Research and Development Organisation, is a scaled-down version of the upcoming Ghatak combat drone. The flight took place at the aeronautical test range based at Chitradurga in the southern Indian state of Karnataka.

    The airframe, undercarriage, and entire flight control and avionics systems used for the aircraft were domestically developed, the Defence Ministry said in a statement. Defence Minister Rajnath Singh called the flight a major achievement toward autonomous aircraft that will pave the way for Aatmanirbhar Bharat — an economic initiative meant to make India less dependent on foreign technology — in terms of critical military systems.

    A scientist with the Aeronautical Development Establishment told Defense News that the flight test of the aircraft — also referred to as the Stealth Wing Flying Testbed, or SWiFT — took place to demonstrate its of ability to take off, climb in altitude, cruise midair, navigate to waypoints, descend and land autonomously.

    He noted that the next step is to develop a proven autonomous combat surveillance platform. The scientist spoke on the condition of anonymity because he was not authorized to speak to the media.

    The 1-ton SWiFT platform is powered by a Russian NPO Saturn 36MT turbofan engine. The platform had completed taxi trials in September 2021.

    The Aeronautical Development Establishment will now evaluate the flight data in relation to the aircraft’s configuration, and autonomous takeoff and landing technology, retractable landing gear system, and low radar signature. This effort is meant to inform future modifications to the platform.

    A scientist with the Defence Research and Development Organisation noted that at least 10 more flight tests are needed to prove the capability of the SWiFT platform, and only then will the government grant funding for the full-fledged development of the Ghatak UAV.
    Palestinians pin scant hope on Biden visit after setbacks under Trump



    Fri, July 1, 2022 
    By Nidal al-Mughrabi and Ali Sawafta

    RAMALLAH (Reuters) - As the United States strives to boost defence ties between Israel and Arab states, Palestinians await with increasing gloom the first visit of President Joe Biden after what they see as a string of broken promises by Washington

    Requests for the reopening of the U.S. consulate in East Jerusalem, closed by former President Donald Trump, or lifting the classification of the Palestine Liberation Organization as a terrorist organisation have gone unheard, Palestinians say.

    "We have no illusions that the visit will achieve a political breakthrough. We will be listening to more pledges and promises," a senior Palestinian official said. "This visit is about normalizing ties between Israel and Arab countries, including Saudi Arabia."

    Biden will visit Israel and the West Bank, meeting Israeli leaders and Palestinian President Mahmoud Abbas, as well as Saudi Arabia from July 13-16.

    A spokesperson for the U.S. Office of Palestinian Affairs said Washington believed a two-state solution was the best way for both Israel and the Palestinians to resolve their generations-long conflict.

    It was also committed to reopening the consulate, seen by Palestinians as an implicit recognition of East Jerusalem's status as capital of a future Palestinian state on territory occupied by Israel in the 1967 Middle East war.

    In a call with U.S. Secretary of State Antony Blinken on Thursday, Abbas urged the administration to put pressure on Israel to preserve the historic status quo in East Jerusalem and the Al-Aqsa mosque compound there. Israel rejects allegations that it has tried to change the status quo.

    Palestinians also say Israel's continued settlement activities in the occupied West Bank dim any prospect for a viable Palestinian state co-existing alongside Israel.

    "Abbas told Blinken the situation can't continue like this," the official said.

    FOCUS ON ISRAELI-ARAB TIES


    U.S. officials reject the assertion that the Biden administration has broken its pledges to the Palestinians and point to changes after the breakdown of relations under the administration of former President Donald Trump.

    They say reopening the consulate would require Israeli cooperation and they that removing the PLO's terrorist designation would require the Palestinian Authority to take steps it has so far failed to do.

    Despite Palestinian disappointment, they say Biden has restarted aid and reopened lines of communication. The administration has also criticised Israeli settlement expansion as inconsistent with peace prospects, after the Trump administration signalled acceptance of such activities.

    "Recall that we walked into a situation in which our ties with the Palestinians were totally severed (by the Trump administration). So we turned back on the funding, rebuilt relationships …. And there will be more to come," a senior Biden administration official said.

    But the intense focus on boosting security cooperation between Israel and U.S.-aligned Arab countries to confront a potential threat from Iran means that any move towards a wider resolution of the Palestinian issue remains far off, according to Talal Okal, a political analyst in Gaza.

    "Biden will do nothing to change the existing reality," he said. "There is no horizon for the Palestinian-Israel conflict."

    The Biden visit comes amid increasing speculation over the future of Abbas, an 86-year-old chain smoker with a history of health problems who has ruled by decree since 2005, when the last Palestinian election was held.

    The Palestinian Authority, which exercises limited self-rule in parts of the West Bank, received a boost last month when the European Union agreed to restore funding frozen by a dispute over school textbooks.

    There has also been increased pressure on Israel, including from the Biden administration, for action on the fatal shooting of Al Jazeera journalist Shireen Abu Akleh as she was covering an Israeli army raid in the West Bank town of Jenin.

    But further progress has been complicated by the turmoil that saw Israeli Prime Minister Naftali Bennett's coalition government collapse, with an election now scheduled for Nov. 1.

    With an uncertain political road ahead, there is little likelihood of anything more than a minimum of U.S. economic aid for Palestinians, said political analyst Hani Al-Masri.

    "Hopes, if there were any, got washed away by the new changes in Israel, in the government and the parliament."


    (Additional reporting by Dan Williams in Jerusalem and Matt Spetalnick in Washington; Nidal Almughrabi reported from Gaza; Writing by Nidal al-Mughrabi; Editing by Mark Heinrich)

    U.S. watchdog to audit FAA oversight of Boeing 787, 737 production

    FILE PHOTO: A Boeing 787-10 Dreamliner taxis past the Final Assembly Building at Boeing South Carolina in North Charleston

    By David Shepardson

    (Reuters) -The office of the inspector general of the U.S. Transportation Department will audit https://www.oig.dot.gov/sites/default/files/Audit%20Announcement%20-%20FAA%20Oversight%20of%20Boeing%20737%20and%20787%20Production.pdf the Federal Aviation Administration's (FAA's) oversight of Boeing 737 and 787 production, it said on Wednesday

    The watchdog said it would review the FAA's processes for "identifying and resolving" production issues and "addressing allegations of undue pressure within the production environment."

    The aircraft maker declined to comment. The FAA did not immediately comment.

    Boeing suspended deliveries of the 787 Dreamliner in May 2021, after the FAA raised concerns about its proposed inspection method.

    The Office of Inspector General (OIG) said since 2019 "a number of concerns have been raised regarding production of the Boeing 737 and 787 aircraft - the two production lines with the largest number of aircraft on order."

    The OIG noted in December 2021 that the FAA had mandated inspections on some previously delivered 787 aircraft due to reports of missed requirements during assembly.

    The OIG added that the top Democratic and Republican lawmakers on the Transportation Committee and aviation subcommittee in November asked it to conduct a review of the FAA's oversight of the production of the Boeing 787.

    House Transportation Committee chair Peter DeFazio and aviation subcommittee chair Rick Larsen said in a statement late Wednesday the audit "should be thorough and unsparing to help prevent a repeat of safety issues previously identified by FAA and to ensure the manufacture and production of safe aircraft."

    In February, the FAA said it would not allow Boeing to self-certify individual new Boeing 787 planes. Then FAA Administrator Steve Dickson said the FAA needed from Boeing "a systemic fix to their production processes."

    The FAA also said at the time it would retain the authority to issue airworthiness certificates until it is confident "Boeing's quality control and manufacturing processes consistently produce 787s that meet FAA design standards."

    A December U.S. Senate report said the FAA must do a better job overseeing Boeing and the certification of new planes, as well as review allegations raised by seven industry whistleblowers.

    "FAA's certification process suffers from undue pressure on line engineers and production staff," the Senate report said.

    Boeing's 737 MAX was grounded globally in March 2019 after deadly crashes in Indonesia and Ethiopia killed 346 people and did not resume flying in the United States until December 2020 after software modifications and additional pilot training.

    (Reporting by David Shepardson; Editing by Clarence Fernandez and Himani Sarkar)

    Ukraine's Berlin envoy draws Israeli, 

    Polish ire with views on WW2 nationalist

    FASCIST
    Ukraine's President Zelenskiy delivers video address to the Bundestag, in Berlin
    ·

    BERLIN (Reuters) - Ukraine's outspoken ambassador to Germany, a talkshow staple who was central to the public debates that led Berlin to step up weapons deliveries to Kyiv, is facing criticism for defending World War Two Ukrainian nationalist leader Stepan Bandera in an interview.

    Andriy Melnyk is easily the best known ambassador in Berlin, known for robust social media exchanges in which he condemned as appeasers politicians and intellectuals who opposed arming Ukraine for its fight against Russian invaders.

    But an interview with journalist blogger Tilo Jung published on Thursday in which he said Bandera was not a "mass murderer of Poles and Jews" caused uproar and drew condemnation from both the Polish government and the Israeli embassy.

    "The statement made by the Ukrainian ambassador is a distortion of the historical facts, belittles the Holocaust and is an insult to those who are murdered by Bandera and his people," the embassy wrote on Twitter.

    Though he spent much of World War Two in a Nazi prison, Bandera headed the radical wing of the Organisation of Ukrainian Nationalists which killed tens of thousands of Polish civilians during the war.

    Living in Munich in exile after the war, he was a figurehead of Ukraine's anti-Soviet insurgency which fought Moscow in partisan actions into the 1950s. He was assassinated by the Soviet KGB in 1959.

    Even Ukraine's foreign ministry distanced itself from Melnyk's remarks, saying they did not reflect its views. Polish Foreign Minister Zbigniew Rau thanked his Ukrainian counterpart for his intervention over the "false statements".

    Melnyk, 46, has become a central figure in debates over Germany's obligations to Ukraine, credited with using his pulpit as envoy of a nation fighting foreign invasion to keep up the pressure on Chancellor Olaf Scholz, who despite initial reluctance has kept boosting arms deliveries to Ukraine.

    (Reporting by Thomas Escritt; Editing by Alistair Bell)

    SOLIDARITY WITH SISTERS IN AMERIKA

    Australians Rally in Solidarity With Abortion Rights Activists in US After Supreme Court Decision

    Hundreds of people marched through Newcastle in New South Wales on July 30, for a protest sparked by a US Supreme Court decision to overturn Roe v Wade, a ruling that protected abortion rights in the US since 1973.

    Footage by Newcastle City Councillor Carol Duncan shows a crowd holding pro-abortion rights signs chanting “We fight back.”

    Organizers said on Facebook the supreme court’s decision was “a huge step back for equality and rights for women and child bearers.”

    Demonstrators were also calling for increased funding for abortion services in New South Wales. Abortion was decriminalized in the state in 2019. Credit: Carol Duncan via Storyful

    Video Transcript

    - [INAUDIBLE]

    [CHEERING]

    - [INAUDIBLE] keep putting it on. Women's rights under attack, what do we do?

    - We fight back!

    - Women's rights under attack, what do we do?

    - We fight back!

    - Women's rights under attack, what do we do?

    - We fight back!

    - [INAUDIBLE]

    [CHEERING]

    - [INAUDIBLE] keep putting it on. Women's rights under attack, what do we do?

    - We fight back!

    - Women's rights under attack, what do we do?

    - We fight back!

    - Women's rights under attack, what do we do?

    - We fight back!

    - [INAUDIBLE]

    [CHEERING]

    - [INAUDIBLE] keep putting it on. Women's rights under attack, what do we do?

    - We fight back!

    - Women's rights under attack, what do we do?

    - We fight back!

    - Women's rights under attack, what do we do?

    - We fight back!

     
    Australian Roe v Wade protesters march in Sydney

    Sat, July 2, 2022

    STORY: The U.S. Supreme Court last week overturned the landmark 1973 Roe v. Wade ruling, restoring the ability of individual states to ban abortion.

    "We're here to stand up for women's rights in Australia and around the world. Millions of women in the United States have had their rights stripped from them and we're angry about that," said Liz Walsh, one of the organizers of the protest in Melbourne, with police estimating the attendance at around 15,000.

    As in the United States now, in Australia, abortion laws are set by states. The country's most populous state, New South Wales, only legalized abortion in 2019 -- the last one to do so. South Australia bans private abortion clinics. The time limit after conception for accessing surgical abortion and provision of abortion services varies from state to state.

     


    Mexican pro-choice activists protest outside U.S. Embassy

    Wed, June 29, 2022 

    STORY: Activists and Amnesty International officials carried green handkerchieves, which represent the feminist fight for abortion legalisation in Latin America, known as the green wave.

    The President for Amnesty International Mexico, Marcela Villalobos, called the U.S. Supreme Court abortion ban a 'worrying step back' not just for U.S. but for the whole region.

    "It is a message sent to women saying: 'You don't decide over your bodies.' These sexual and reproductive rights for which so many women and social movements have fought for years and decades... This takes us back half a century," she said.

    On Friday, the U.S. Supreme Court overturned the landmark 1973 Roe v. Wade ruling, a decision condemned by President Joe Biden that will dramatically change the life for millions of women in the United States and exacerbate growing tensions in a deeply polarised country.

    In Mexico, abortion is legal in nine states.

    In September last year, Mexico's Supreme Court unanimously ruled it unconstitutional to penalise abortions, a major victory for advocates of women's health and human rights.

     


     Abortion pill access sets up fight with manufacturers, federal government


    ·Reporter

    Amid the Supreme Court's decision to overturn Roe v. Wade, FDA–approved abortion pills are among the targets of states that outlaw or limit abortion.

    The ensuing battles over rights to sell, purchase, and prescribe the drugs raise a host of untested legal questions.

    On Friday, immediately after the ruling — which knocked down the landmark case that protected a women’s constitutional right to an elective abortion for the past 50 years — at least nine states enacted pre-approved laws known as trigger laws that ban or limit abortion within their borders. While some of those laws are on hold due to legal challenges, 26 U.S. states are predicted to take similar steps as a result of the decision.

    Limited abortion access has sparked debate over diminishing access to abortion-inducing drugs. Under the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, states rather than the federal government have authority to regulate abortion. And with that authority, state governments could more directly target the medication.

    Marjie Eisen, a counselor at Houston Women's Reproductive Services, offers counseling to a patient prior to her taking the first pill at the clinic for her medical abortion, in Houston, September, 30, 2021. REUTERS/Evelyn Hockstein
    Marjie Eisen, a counselor at Houston Women's Reproductive Services, offers counseling to a patient prior to her taking the first pill at the clinic for her medical abortion, in Houston, September, 30, 2021. REUTERS/Evelyn Hockstein

    Dara Purvis, a law professor and expert on reproductive rights at Penn State Law, predicted that states already taking steps to limit abortion will also push to outlaw the drugs.

    “Anti-abortion states that are on the forefront of this are going to try to ban the pills, altogether," Purvis said, noting 19 states have enacted laws either banning or restricting abortion through telehealth appointments, and by requiring patients to personally visit a medical facility in order to pick up abortion medication. "I think that's clear." According to pro-choice advocacy organization, Guttmacher Institute, 32 states require that only licensed physicians prescribe the drugs.

    So far, states have held back from making sales or purchase of the medication illegal. However, Rachel Rebouché, interim dean and law professor for Temple University School of Law, said that states with abortion-limiting laws have achieved near equivalency of outlawing pills by limiting providers’ authority to prescribe them.

    “All the states that have put into place trigger laws that are enforced, in effect banned medication abortion,” Rebouché said.

    Those state laws, Purvis said, rest on relatively solid legal footing because states are vested with power to regulate medical professionals practicing inside their borders. “It seems pretty likely that that's within the power of the state,” she said.

    Two U.S. companies have FDA approval to produce and sell mifepristone, the first of two separate drugs taken to terminate pregnancy in a medical abortion: brand manufacturer Danco Laboratories and generic manufacturer GenBioPro. Another drug, misoprostol, also used to treat ulcers and other ailments, is used in the second step of the two-pill regimen.

    So far, Danco said it hasn’t received communication from any state governments that have enacted trigger laws, though it expects the market for the drug to undergo drastic change. The company’s representative said it continues to ship its mifepristone as normal.

    Legal scholars explain that state bans on the drugs themselves would set up a fight not only with manufacturers, but also with the federal government, specifically the FDA and Justice Department — scenarios that have little, if no, legal precedent.

    “There isn't really another area of law where states have tried to restrict actions or create legal liability over this broad of a category of actions,” Rebouché said. “So there isn't a deep or rich history of cases that tell us how courts are going to rule.”

    A pack of Mifeprex pills, used to terminate early pregnancies, is displayed in this picture illustration taken May 11, 2022. REUTERS/Caitlin Ochs/Illustration
    A pack of Mifeprex pills, used to terminate early pregnancies, is displayed in this picture illustration taken May 11, 2022. REUTERS/Caitlin Ochs/Illustration

    Rebouché and others said just one instructive case offers clues for how a court might rule on a manufacturer's challenge against a state drug ban. In 2014, a federal district judge enjoined the state of Massachusetts from banning Zogenix's opioid called Zohydro, despite the state’s argument that it endangered its citizens.

    “It’s a plausible argument but not a slam dunk case,” Stanford University Law Professor Hank Greely told Yahoo Finance.

    GenBioPro is testing similar waters in a federal lawsuit that challenges a Mississippi state law that blocks doctors from prescribing abortion drugs by way of telehealth visits. The case, filed in 2020, is still pending and was put on hold to await the Dobbs decision. In court filings, GenBioPro argued that Mississippi’s law contradicts the FDA’s approval of mifepristone and that the agency’s federal policy preempts the state’s restriction.

    “That is the kind of litigation that might occur to press this point,” Rebouché said. If states argue the drugs are unsafe or ineffective, she suspects the FDA will have a strong case for trumping state law. She and Greely caution that the preemption argument becomes less persuasive though if states argue that a ban should be upheld on moral grounds, or to protect the life of the fetus.

    Sally, whose name has been changed to protect her privacy, looks at an abortion pill for unintended pregnancy from Mifepristone on May 8, 2020, in Arlington, Virginia. (Photo by Olivier DOULIERY / AFP)
    Sally, whose name has been changed to protect her privacy, looks at an abortion pill for unintended pregnancy from Mifepristone on May 8, 2020, in Arlington, Virginia. (Photo by Olivier DOULIERY / AFP)

    Greely said states could try to bolster their case by arguing that abortion pills, specifically when used for abortion, should be banned not because they are unsafe or ineffective, but specifically because abortion in the state is limited.

    “It seems to me harder to make a successful claim that federal law through the FDA preempts that action,” Greely said, adding that the merits of both arguments are unclear.

    Established case law also supports the idea that on issues of broad importance and societal impact — under which the right to abortion and the protection of fetal life could arguably fall — Congress must explicitly hand over certain regulatory powers to a federal agency in order for it to assert it. That's another legal argument the lawyers anticipate from states.

    “At the end of the day, it will be a federal court that decides if preemption applies,” Rebouché said.

    Alexis Keenan is a legal reporter for Yahoo Finance. Follow Alexis on Twitter @alexiskweed.

    Judges from Florida to Kentucky find privacy rights to abortion in state constitutions

    J. Scott Applewhite/AP
    Michael Wilner

    The decision by a Florida judge to block the state’s ban on abortions after 15 weeks is the latest salvo in a series of legal battles underway across the country over whether states have their own constitutional rights to privacy that protect women’s access to abortion care.

    Already, judges in Louisiana and Utah have taken similar action to temporarily block abortion bans in their states. A judge in Kentucky rendered a similar ruling Thursday. And abortion rights advocates in Idaho, Arizona, Mississippi and Texas are pursuing parallel legal challenges.

    Last week, a majority of Supreme Court justices overturned Roe v. Wade, a longstanding precedent established 50 years ago by the high court that found women had a constitutional right to an abortion. Five conservative justices said that no such right exists — and left it to the “democratic process” at the state level to determine how to regulate and restrict the procedure.

    On the question of abortion, the Constitution is “neither pro-life nor pro-choice,” Justice Brett Kavanaugh wrote in a concurring opinion in Dobbs v. Jackson Women’s Health Organization. “The Constitution is neutral and leaves the issue for the people and their elected representatives to resolve through the democratic process in the states or Congress.”

    Several states already have more precise language in their state constitutions regarding privacy rights than in the U.S. Constitution, including Florida, which states that “every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein.” A right to privacy is unenumerated in the U.S. Constitution and remains a source of debate among legal scholars.

    “It’s federalism in action,” said Kim Lane Scheppele, a professor of sociology and international affairs at Princeton University and faculty fellow at the University of Pennsylvania Law School. “The U.S. Supreme Court in Dobbs only said that the U.S. Constitution no longer protects the right of a pregnant person to choose abortion. But the U.S. also has 50 state constitutions, and those constitutions may contain protections that the U.S. Constitution does not.”

    “The Florida court is looking at that section and has paused the operation of the Florida statute while it figures out whether the state Constitution offers more protection than the U.S. Constitution does,” Scheppele added.

    Some states that allow for referendums on constitutional amendments are taking immediate action, placing abortion-related questions on their election ballots. California lawmakers have decided to codify a state constitutional right to abortion, while Kentucky is going in the opposite direction, proposing a referendum making clear that it protects no such right.

    The Florida decision, by Judge John C. Cooper of the Second Judicial Circuit Court in Tallahassee, halted enforcement of the law signed by Florida’s Republican governor, Ron DeSantis, that was meant to take effect Friday. Cooper made his ruling from the bench Thursday but said it would not take effect until he signed an order. The judge did not say when that would be, so it is possible that the new Florida law will take effect briefly.

    The DeSantis administration said it will appeal the decision, and that fight could end up in the Florida Supreme Court. Three of its seven justices have been appointed by DeSantis in recent years.

    Even still, the court will have to rule based on what is in the Florida Constitution — not the U.S. Constitution.

    “Dobbs should have little if any effect on the appeal,” said Ilya Somin, a professor of law at George Mason University. “Dobbs is only about the federal Constitution. State constitutions can — and often do — protect rights that the federal Constitution, as interpreted by the Supreme Court, does not.”