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•  State Bar News - Legal News


A bill that would allow judges to sentence women who get abortions to decades in prison and could restrict the use of IUDs and in vitro fertilization goes before a small group of South Carolina senators Tuesday.

This would be the first of at least a half-dozen legislative steps for the proposal that includes the strictest abortion prohibitions and punishments in the nation.

The subcommittee of the state Senate’s Medical Affairs Committee can change it Tuesday afternoon and even if it’s approved, its prospects are doubtful at best.

But even at this stage, the bill has gone further than any other such proposal across the U.S. since the Supreme Court overturned Roe v. Wade in 2022, opening the door for states to implement abortion bans.

The proposal would ban all abortions unless the woman’s life is threatened. Current state law bans abortions after cardiac activity is detected, which is typically six week into a pregnancy, before many women know they are pregnant. Current law also allows abortions for rape and incest victims up to 12 weeks.

The proposal would also do things that aren’t being done in any other state. Women who get an abortion and anyone who helps them could face up to 30 years in prison. It appears to ban any contraception that prevents a fertilized egg from implanting, which would ban intrauterine devices and could limit in vitro fertilization.

Providing information about abortions would be illegal, leaving doctors worried they couldn’t suggest places where the procedure is legal.

Republican Sen. Richard Cash, who sponsors the bill and is one of the Senate’s most strident voices against abortion, will run Tuesday’s subcommittee. He acknowledged problems last month with potentially banning contraception and restricting the advice doctors can give to patients. But he has given no indication what changes he or the rest of the subcommittee might support. Six of the nine members are Republicans.

Abortion remains an unsettled issue in conservative states and how much more to restrict it is fracturing anti-abortion groups.
South Carolina Citizens for Life, one of the state’s largest and oldest opponents of abortion, issued a statement last month saying it can’t support Cash’s bill because women who get abortions are victims too and shouldn’t be punished.

On the other side, at least for this bill, are groups like Equal Protection South Carolina. “Abortion is murder and should be treated as such,” founder Mark Corral said.



Wander Franco’s attorneys pushed to have the suspended Tampa Bay Rays shortstop’s sexual-abuse conviction and sentencing overturned Tuesday.

Franco in June was convicted of sexually abusing a minor, and he then received a two-year suspended sentence. Meanwhile, prosecutors are seeking a five-year sentence.

The court of appeals in Puerto Plata, where the case was heard, said it would issue a ruling on Dec. 9 after hearing arguments from prosecutors and Franco’s lawyers.

Franco was arrested last year after being accused of having a four-month relationship with a girl who was 14 at the time, and of transferring thousands of dollars to her mother to consent to the illegal relationship.

Franco was once Tampa Bay’s star shortstop, signing an 11-year, $182 million contract in November 2021.

Authorities in the Dominican Republic announced in August 2023 they were investigating him for an alleged relationship with a minor.

In January 2024, Franco was arrested in his home country. Six months later, Tampa Bay placed him on the restricted list.



The national battle to control the U.S. House shifts to California on Tuesday as voters consider a Democratic proposal that could erase as many as five Republican districts and blunt President Donald Trump’s moves to safeguard his party’s lock on Washington power.

The outcome will reverberate into next year’s midterm elections and beyond, with Democrats hoping a victory will set the stage for the party to regain control of the House in 2026. A shift in the majority would imperil Trump’s agenda for the remainder of his term at a time of deep partisan divisions over immigration, health care and the future direction of the nation.

“God help us if we lose in California,” Democratic Gov. Gavin Newsom says.

Democrats need to gain just three seats in the 2026 elections to take control of the House.

Heavily Democratic California and its 52 congressional districts represent by far the Democrats’ best opportunity in an unprecedented state-by-state redistricting battle, which started when Texas Republicans heeded Trump’s demand that they redraw their boundaries to help the GOP retain its House majority. Democrats hold 43 of the state’s seats and hope to boost that to 48.

Trump is fighting not just the Democrats but history. Midterm elections typically punish the party in the White House, but four GOP-led states so far have adopted new district maps to pack more Republican voters into key districts.

Measure supported by Newsom, Obama

California’s Proposition 50 asks voters to suspend House maps drawn by an independent commission and replace them with rejiggered districts adopted by the Democratic-controlled Legislature. Those new districts would be in place for the 2026, 2028 and 2030 elections.

The recast districts aim to dilute Republican voters’ power, in one case by uniting rural, conservative-leaning parts of far northern California with Marin County, a famously liberal coastal stronghold across the Golden Gate Bridge from San Francisco.

The measure has been spearheaded by Newsom, who has thrown the weight of his political operation behind it in a major test of his mettle ahead of a potential 2028 presidential campaign. Former President Barack Obama has urged voters to pass it as well.

Newsom has sought to nationalize the campaign, depicting the proposal as a counterweight to all things Trump.

“Republicans want to steal enough seats in Congress to rig the next election and wield unchecked power for two more years,” Obama says in one ad. “You can stop Republicans in their tracks.”

Critics say two wrongs don’t make a right. They urge Californians to reject what they call a Democratic power grab, even if they have misgivings about Trump’s moves in Republican-led states.

Among the most prominent critics is Arnold Schwarzenegger, the movie star and former Republican governor who pushed for the creation of the independent commission, which voters approved in 2008 and 2010. It makes no sense to fight Trump by becoming him, Schwarzenegger said in September, arguing that the proposal would “take the power away from the people.”

“I don’t want Newsom to have control,” said Rebecca Fleshman, a 63-year-old retired medical assistant from Norco in Southern California, who voted against the measure. “I don’t want the state to be blue. I want it to be red.”

After an early burst of TV advertising, opponents of the plan have struggled to raise cash in a state with some of the nation’s most expensive media markets. Data compiled by advertising tracker AdImpact last week showed Democrats and other supporters with over $5 million in ad buys booked on broadcast TV, cable and radio. But opponents had virtually no time reserved, though the data didn’t include some popular streaming services like Hulu and YouTube or mail advertising.

Total spending on broadcast and cable ads topped $100 million, with more than two-thirds of it coming from supporters. Newsom told people to stop donating in the race’s final weeks.

Trump, who overwhelmingly lost California in his three presidential campaigns, largely stayed out of the fray. A week before the election, he urged voters in a social media post not to vote early or by mail — messaging that conflicts with that of top Republicans in the state who urged people to get their ballots in as soon as possible.

Democrats hope to pick up as many as five seats in California if voters approve the new boundaries, offsetting the five that Republicans hope to pick up through their new Texas maps. Republicans also expect to gain one seat each from new maps in Missouri and North Carolina, and potentially two more in Ohio.

Congressional district boundaries are typically redrawn every 10 years to reflect population shifts documented in the census. Mid-decade redistricting is unusual, absent a court order finding fault with the maps in place.

Five other GOP-led states are also considering new maps: Florida, Indiana, Kansas, Louisiana and Nebraska. On the Democratic side, Colorado, Illinois, Maryland, New York and Virginia have proposals to redraw maps, but major hurdles remain.

A court has ordered new boundaries be drawn in Utah, where all four House districts are represented by Republicans, but it remains to be seen if the state will approve a map that makes any of them winnable for Democrats.

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