What You Need to Know: Friday, March 8
SCOTUS says Trump can appear on the ballot, an FBI informant’s story falls apart, reproductive rights are in the news again, and Texas faces its biggest wildfire
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What did the Supreme Court say about Colorado trying to keep Donald Trump off their ballot?
What happened? On Monday, the Supreme Court ruled that individual states cannot prevent former President Donald Trump from appearing on the ballot due to his involvement leading up to and on January 6, 2020. The ruling essentially reverses a previous ruling by the Colorado Supreme Court, stating that, under a provision made to Section 3 of the Constitution’s 14th Amendment, any individual who held office and then “engaged in an insurrection” is banned from running for reelection. In the court's opinion, the justices determined that “states cannot enforce disqualification under the 14th Amendment for federal officeholders,” asserting that Congress remains responsible for invoking the constitutional provision. Citizens for Responsibility and Ethics, the group that filed the lawsuit on behalf of voters, noted in their response that while the decision did place Trump back on the ballot, it didn’t address whether Trump incited the January 6 attack.
What was the response? Former President Donald Trump expressed satisfaction with the justices' decision, stating, “You cannot take somebody out of a race. The voters can quickly take the person out of the race, but a court shouldn’t be doing that.” The Colorado Republican Party also reaffirmed their support for Trump, calling the lawsuit “ridiculous.” Colorado Secretary of State Jena Griswold announced her thoughts on the ruling, expressing disappointment, stating, "I do believe under federalism, it’s up to states to enforce whether or not oath-breaking insurrectionists can appear on our ballots.”
What happens now? Trump did appear on the primary ballot in Colorado on Tuesday following the Supreme Court’s decision. The Supreme Court decision will also likely end challenges to Trump on the ballot in Maine and Illinois, where similar lawsuits were taking place. Next, the Supreme Court will hear Trump’s presidential immunity argument, scheduled for April 25.
What’s going on with the Biden impeachment and that FBI informant?
Who is Alexander Smirnov, and what was he charged with? On December 14, the U.S. House authorized an impeachment inquiry into Joe Biden, claiming that when Biden was vice president, he and his family capitalized on his political influence in business dealings and accepted bribes for political favors. The investigation specifically targeted Biden’s son Hunter, who “had business ventures in Ukraine and China during that period.” Alexander Smirnov, a 43-year-old FBI informant whose intel was instrumental in the case against Biden, was charged for “allegedly making false statements about Biden and his son Hunter, including a story about both men taking $5 million in bribes from Burisma, a Ukrainian energy company.” Prosecutors claim that Smirnov only had “routine business dealings with the company [Burisma],” and made the bribery allegations after expressing his “bias” against Joe Biden as a presidential candidate in 2020.
What was the response? Is the impeachment inquiry still ongoing? Considering that Smirnov’s claims were integral to the inquiry into the Biden family and fraudulent business dealings, things don’t look promising for the impeachment inquiry. Rep. Jamie Raskin (D-MD), the top Democrat on the House oversight committee, stated, “I think the Smirnov revelations destroy the entire case…[he] was the foundation of the whole thing.” In response to Smirnov’s indictment, Republicans are downplaying his role in the case, stating that the “‘inquiry is not reliant’" on Smirnov and claiming there is a “‘large record of evidence, including bank records and witness testimony, revealing that Joe Biden knew of and participated in his family's business dealings.’”
To learn more about Biden’s impeachment case and Smirnov’s indictment, we recommend this episode of The Daily from the New York Times.
What’s the status of access to the abortion pill? And birth control pills?
Drugstores can sell mifepristone? As of March 1, drugstore chains, such as CVS and Walgreens, will begin dispensing mifepristone, a drug used in medical abortions. CVS and Walgreens will provide the pills to a handful of stores in select locations and gradually expand access to all states where abortion is legal, which is roughly half of U.S. states. Women living in states where abortion is legal typically access the pills through clinics, telemedicine, or the mail. However, drugstore pickup allows women to access the medication without having to visit an abortion provider (healthcare providers who do not offer abortion services rarely have these medications on hand). This decision will also likely encourage doctors to obtain the licensing required to prescribe mifepristone now that they don’t have to be responsible for maintaining their own stock of pills, increasing the number of mifepristone providers.
Birth control pills without a prescription? Opill, the first birth control pill approved by the FDA for over-the-counter sale last year, will become available in stores and online over the coming weeks. Opill will be sold in three price tiers: one month for $19.99, a three-month supply for $49.99, and a six-month supply for $89.99. Perrigo, the company manufacturing Opill, also announced they would provide financial assistance to help uninsured and low-income individuals afford the pill. Reproductive justice advocates stated that this access “will greatly reduce the barriers like transportation, cost, language, and documentation.” However, the Affordable Care Act, which covers prescription birth control, does not require insurance plans to cover over-the-counter birth control, which could potentially create a barrier to access for those who cannot pay for Opill out of pocket.
What caused the huge wildfires in Texas?
What happened? On February 26, a fire ignited near Stinnett, Texas, a small town outside Amarillo. The fire rapidly spread to a neighboring town, the small ranching community of Canadian, and proceeded to burn through more than one million acres in the state's panhandle. Currently, officials report that the fire is 74% contained, and the perimeter of the fire is no longer expanding. The fire is one of the largest in U.S. history, killing at least two people and thousands of cattle and livestock. While the panhandle is no stranger to wildfires, a blaze of this ferocity is unprecedented for this region. Texas Gov. Greg Abbot issued a disaster declaration for 60 Texas counties in response to the fires.
Who's to blame? On Tuesday, utility company Xcel Energy acknowledged its role in starting the wildfire: “Based on currently available information, Xcel Energy acknowledges that its facilities appear to have been involved in an ignition of the Smokehouse Creek fire.” The company also says it did not act negligently in response to a lawsuit filed last week claiming that the collapse of an Xcel Energy dilapidated power pole ignited the blaze. The lawsuit further explained that the pole was “heavily deprecated” and that heavy wind knocked the pole over. Osmose Utility Services, the company responsible for inspecting Xcels’ pole, stated that the pole was “‘not safe to be climbed and needs to be replaced immediately’” earlier in the year.
Does climate change have a role to play? Typically, wildfires are more common in the summertime. However, for the panhandle region, the risk is the highest in March, “when temperatures rise, strong winds blow over the flat landscape and dry grass can easily catch fire.” Researchers assert that climate change likely makes the region more susceptible to wildfires earlier in the year, as there is an increasing number of hot and dry days. As of 2021, temperatures in Texas have risen .61 degrees since 1975. Climate change is also making it more difficult to fight wildfires. Prescribed burns, or a controlled, intentional burning of land, can help clear overgrown vegetation, a precursor to wildfires. However, it has become more difficult to carry out prescription burning, as hot and dry weather makes the fire more likely to spread out of control.