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Abortion rights supporters secured another win Thursday as voters in Montana rejected a ballot measure that would have forced medical workers to intercede in the rare case of a baby born after an attempted abortion.

The result caps a string of ballot defeats, months after the Supreme Court’s decision overturning Roe v. Wade galvanized abortion-rights voters.

Michigan, California and Vermont voted to enshrine abortion rights in their state constitutions, and Kentucky voters rejected an anti-abortion amendment in a tally that echoed a similar August vote in Kansas.

Abortion rights groups said the outcomes show that voters across the political spectrum support access to abortion, even after a dozen Republican-governed states legislatures adopted near-total bans in the wake of the Roe decision. Anti-abortion groups, on the other hand, say they were outspent in the state races and point out anti-abortion candidate victories.

Like voters nationwide, only about 1 in 10 voters in California, Michigan, Montana Kentucky or Vermont said abortion should generally be illegal in all cases, according to AP VoteCast.

The Montana ballot measure would have raised the prospect of criminal charges carrying up to 20 years in prison for health-care providers unless they take “all medically appropriate and reasonable actions to preserve the life” of an infant born alive, including in the rare case of a birth after an abortion.

Doctors and other opponents argued the law could keep parents of babies born with incurable diseases from spending peaceful moments with their infants if doctors were forced to attempt treatment.


New Justice Ketanji Brown Jackson has issued her first Supreme Court opinion, a short dissent Monday in support of a death row inmate from Ohio.

Jackson wrote that she would have thrown out lower court rulings in the case of inmate Davel Chinn, whose lawyers argued that the state suppressed evidence that might have altered the outcome of his trial.

Jackson, in a two-page opinion, wrote that she would have ordered a new look at Chinn’s case “because his life is on the line and given the substantial likelihood that the suppressed records would have changed the outcome at trial.”

The evidence at issue indicated that a key witness against Chinn has an intellectual disability that might have affected his memory and ability to testify accurately, she wrote.

Prosecutors are required to turn over potentially exculpatory evidence to the defense. In this case, lower courts determined that the outcome would not have been affected if the witness’ records had been provided to Chinn’s lawyers.

Justice Sonia Sotomayor was the only other member of the court to join Jackson’s opinion. The two justices also were allies in dissent Monday in Sotomayor’s opinion that there was serious prosecutorial misconduct in the trial of a Louisiana man who was convicted of sex trafficking.

Jackson joined the high court on June 30, following the retirement of Justice Stephen Breyer, her onetime boss.

The court has yet to decide any of the cases argued in October or the first few days of this month. Jackson almost certainly will be writing a majority opinion in one of those cases.


The Supreme Court on Monday rejected an appeal seeking to give people born in American Samoa U.S. citizenship.

In leaving in place an appeals court decision, the court also passed up an invitation to overturn a series of decisions dating back to 1901 known as the Insular Cases, replete with racist and anti-foreign rhetoric. Justice Neil Gorsuch had called for the cases to be overturned in April.

But the justices refused to take up an appeal from people born in American Samoa, and living in Utah, who argued that a federal law declaring that they are “nationals, but not citizens, of the United States at birth” is unconstitutional.

A trial judge in Utah ruled in their favor, but the federal appeals court in Denver said Congress, not courts, should decide the citizenship issue. The appeals court also noted that American Samoa’s elected leaders opposed the lawsuit for fear that it might disrupt their cultural traditions.

American Samoa is the only unincorporated territory of the United States where the inhabitants are not American citizens at birth.

Instead, those born in the cluster of islands some 2,600 miles (4,184 kilometers) southwest of Hawaii are granted “U.S. national” status, meaning they can’t vote for U.S. president, run for office outside American Samoa or apply for certain jobs. The only federal election they can cast a vote in is the race for American Samoa’s nonvoting U.S. House seat.

The Insular Cases, which arose following the Spanish-American War, dealt with the administration of overseas territories.

In their conclusion that residents of territories had some, but not all, rights under the Constitution, justices wrote in stark racial and xenophobic terms. Citizenship could not be automatically given to “those absolutely unfit to receive it,” one justice wrote.

That history prompted Gorsuch to comment in a case involving benefits denied to people who live in Puerto Rico, decided in April. He wrote that the Insular Cases were wrongly decided because they deprived residents of U.S. territories of some constitutional rights.


A German federal court on Monday mulled a Jewish man’s bid to force the removal of a 700-year-old antisemitic statue from a church where Martin Luther once preached, and said it will deliver its verdict in the long-running dispute next month.

The “Judensau,” or “Jew pig,” sculpture on the Town Church in Wittenberg is one of more than 20 such relics from the Middle Ages that still adorn churches across Germany and elsewhere in Europe.

The case went to the Federal Court of Justice after lower courts ruled in 2019 and 2020 against plaintiff Michael Duellmann. He had argued that the sculpture was “a defamation of and insult to the Jewish people” that has “a terrible effect up to this day,” and has suggested moving it the nearby Luther House museum.

Placed on the church about four meters (13 feet) above ground level, the sculpture depicts people identifiable as Jews suckling the teats of a sow while a rabbi lifts the animal’s tail. In 1570, after the Protestant Reformation, an inscription referring to an anti-Jewish tract by Luther was added.

In 1988, a memorial was set into the ground below, referring to the persecution of Jews and the 6 million people who died during the Holocaust. In addition, a sign gives information about the sculpture in German and English.

In 2020, an appeals court in Naumburg ruled that “in its current context” the sculpture is not of “slanderous character” and didn’t violate the plaintiff’s rights. It said that, with the addition of the memorial and information sign, the statue was now “part of an ensemble which speaks for another objective” on the part of the parish.

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