Author: SeniorWomenWeb

  • Guttmacher Institute: Abortion Policy in the Absence of Roe

    Background

    Changes to the makeup of the U.S. Supreme Court in 2018 raise the possibility that Roe v. Wade could be severely undermined — or even overturned — essentially leaving the legality of abortion to individual states. A reversal of Roe could establish a legal path for states’ pre-1973 abortion bans, as well as currently unenforced post-1973 bans, to take effect.

    Many state lawmakers continue to consider and enact abortion bans that fly in the face of constitutional standards and Roe’s precedent in anticipation of an eventual lawsuit on such a ban coming before a Supreme Court hostile to abortion rights.

    Some bans prohibit abortion under all or nearly all circumstances, a tactic widely viewed as an attempt to provoke a legal challenge to Roe. Several of this type of ban that were passed by states have been blocked by court orders and would require further court action to be enforced.

    Other bans enacted after Roe are designed to be “triggered” and take effect automatically or by swift state action if Roe is overturned. Several states even have laws declaring the state’s intent to ban abortion to whatever extent is permitted by the U.S. Constitution, making their desire to halt abortion access in the state clear. A few states have amended their constitution to declare that it does not contain any protection for abortion rights or allow public funds to be used for abortion.

    Meanwhile, policymakers in some states have approved laws to protect abortion rights without relying on the Roe decision. Most of these policies prohibit the state from interfering with the right to obtain an abortion before viability or when necessary to protect the life or health of the pregnant person.

    Visit our state legislation tracker for policy activity on all sexual and reproductive health topics.

    Highlights

    • 23 states have laws that could be used to restrict the legal status of abortion.
      • 9 states retain their unenforced, pre-Roe abortion bans.
      • 13 states have post-Roe laws to ban all or nearly all abortions that would be triggered if Roe were overturned.  
      • 9 states have unconstitutional post-Roe restrictions that are currently blocked by courts but could be brought back into effect with a court order in Roe’s absence.
      • 7 states have laws that express the intent to restrict the right to legal abortion to the maximum extent permitted by the U.S. Supreme Court in the absence of Roe.
      • 4 states have passed a constitutional amendment explicitly declaring that their constitution does not secure or protect the right to abortion or allow use of public funds for abortion.
    • 16 states and the District of Columbia have laws that protect the right to abortion.  
      • 4 states and the District of Columbia have codified the right to abortion throughout pregnancy without state interference.
      • 12 states explicitly permit abortion prior to viability or when necessary to protect the life or health of the pregnant person.
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    *State Policy Resources: The Guttmacher Institute monitors and analyzes state policy developments—including legislative, judicial and executive actions — on a broad range of issues related to sexual and reproductive health and rights. These resources, on such issues as access to and availability of abortion, contraceptive services and sex education, are updated regularly to provide a comprehensive picture of the state policy landscape.
  • GAO Report: Capitol Attack; Federal Agencies’ Use of Open Source Data and Related Threat Products Prior to January 6, 2021

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    3.  Capitol Attack: Federal Agencies’ Use of Open Source Data and Related Threat Products Prior to January 6, 2021
     capitol attack on January 6th 2021

    Published: May 02, 2022. Publicly Released: May 02, 2022  
     
    Fast Facts

    Several federal agencies used “open source” data — social media posts and other publicly available information — to obtain information about the potential for violence at the U.S. Capitol prior to January 6, 2021.

    Agencies developed reports for situational awareness based on open-source data, which indicated that

    • Groups may attack the Capitol or Congress
    • Extremist groups may commit or incite violence
    • Groups may be armed or
    • Violence was possible between opposing groups

    Our interactive timeline details what agencies knew about potential violence as early as November 2020 based on social media posts.

    U.S. Capitol Police captured this photo during the January 6, 2021, attack on the U.S. Capitol.

     

    Skip to Highlights

    Highlights

    What GAO Found

    Federal agencies obtained and shared social media posts and other publicly available information—referred to in this report as “open source data”—on potential criminal activity prior to January 6, 2021. All 10 selected agencies— including the Federal Bureau of Investigation (FBI) and the Department of Homeland Security (DHS) Office of Intelligence and Analysis who have lead roles in countering domestic terrorism and violent extremism—were aware of open source data about planned events on January 6, and seven were aware of potential violence planned for that day. They obtained the data through manual web searches, sharing with each other, and social media platforms. For example, prior to January 6, the FBI reviewed information regarding an online threat that discussed calls for violence, including “Congress needs to hear glass breaking, doors being kicked in, and blood…Get violent…Go there ready for war.” In addition, in mid-December 2020, DHS’s Office of Intelligence and Analysis received information regarding threats to Congress and elected officials and discussions of bringing guns into D.C. on January 6. Further, one agency received data from a social media platform on December 24, 2020, that included a user threatening to kill politicians and coordinate armed forces on January 6.

    Number of Relevant Threat Products Agencies Developed Prior to January 6, 2021

    Seven of the 10 agencies developed 38 election-related threat products based partly on open source data to inform security planning (see fig.). Twenty-six of those were about planned events for January 6. Of those, the FBI prepared one and DHS prepared two threat products. The 26 products included these threats:

    • Potential for violence between opposing groups. Six agencies identified that violence could occur if opposing groups came into contact.
    • Groups or individuals may be armed. Five agencies identified that individuals or groups planned to attend events while armed.
    • Groups or individuals may use improvised weapons. Three agencies identified that individuals may use weapons, such as explosives.
    • Extremist groups may commit or incite violence. Seven agencies identified that extremists could incite violence at demonstrations.
    • Groups may attack the Capitol or Congress. Two agencies identified the Capitol or Congress as targets of violent attacks based on election results.

     

    Why GAO Did This Study

    Open source data indicated that the potential for violence at the U.S. Capitol appeared online months prior to the attack on January 6, 2021. Law enforcement agencies may use posts on social media platforms and other open source information to identify potential criminal activity, to develop “threat products,” and to conduct criminal investigations. Agencies must consider the protection of privacy, civil rights, and civil liberties when collecting and sharing this information.

    GAO was asked to review information related to the January 6 Capitol attack. This is the fifth in a series of reports on aspects of the attack. This report addresses what open source data selected federal agencies obtained and shared, as well as threat products they developed that leveraged such data related to the events of January 6.

    To conduct this work, GAO reviewed open source data that agencies obtained and shared, as well as threat products that leveraged the data. Agencies in GAO’s review included those within DHS; the Departments of Justice and the Interior; Architect of the Capitol; U.S. Capitol Police; House and Senate Sergeants at Arms; and the U.S. Postal Inspection Service, as they had specific roles in preparing for the planned events of January 6. GAO interviewed officials from Facebook, Parler, and Twitter about the extent to which they shared information with agencies. GAO selected social media platforms based on, for example, if they had appeared in threat products.

    This report is a public version of a sensitive report issued in February 2022. Information that agencies deemed sensitive has been omitted.

    For more information, contact Triana McNeil at (202) 512-8777 or McNeilT@gao.gov.

    Full Report

     

     

    GAO Contacts

  • Secretary Antony J. Blinken: It’s Impossible Not to Be Moved by What the Ukrainians Have Achieved

    FROM THE DESK OF

    Secretary Antony J. Blinken

    U.S. DEPARTMENT of STATE