Keeping Score: Senators Grill Hegseth, Call Trump Pick Unfit to Lead DOD; Pregnancy Doubles Homicide Risk for Women; Federal Judge Strikes Down Biden Title IX Rules

In every issue of Ms., we track research on our progress in the fight for equality, catalogue can’t-miss quotes from feminist voices and keep tabs on the feminist movement’s many milestones. We’re Keeping Score online, too—in this biweekly roundup.

This week: Getting pregnant doubles the risk of dying by homicide for women under 25; Biden has appointed a record 40 Black women to federal judgeships; Louisiana’s abortion ban has a chilling effect on maternal healthcare and miscarriage treatment; N.C. Republicans try to overturn the fair election of a Democratic justice; the psychological toll on children in Gaza is severe; Biden’s Title IX protections struck down; Blake Lively filed a lawsuit against actor and director Justin Baldoni for repeated sexual harassment and retaliation; Trump’s Cabinet will be the wealthiest in American history; and more.

Trump Pardoning Jan. 6 Insurrectionists Would Endorse Attacks on Democracy

Rewarding people who tried to ignite an insurrection turns the pardon power on its head.

Trump’s pardons are not about people and their communities—they are about personal loyalty to him. Trump summoned these individuals to the Capitol to support him and now he will pardon them to complete that transaction. Trump will use the pardon power to make it clear that violence and violation of the law can be forgiven in service to himself.

International Human Rights Court Rules in Favor of Abortion Rights in Case Against El Salvador

The Inter-American Court of Human Rights (IACHR) issued a significant ruling on Dec. 20, with the potential to further transform the legal landscape of abortion rights in Latin America. In particular, IACHR ruled that El Salvador violated a series of rights by denying a 22-year-old woman an abortion in 2013, despite her health and life being at risk and the pregnancy being unviable. According to the court, the government violated her right to health, personal integrity, privacy, access to justice, and to live a life free of violence—rights stated in the Inter-American Convention of Human Rights and the Belém do Pará Convention to prevent, punish and eradicate violence against women.

The ruling was received as a triumph by Beatriz’s family and the activists that supported them in this case—but their work does not stop here. Activists are now committing to monitor the government’s compliance with the court’s ruling.

‘Significant Victory’: Ninth Circuit Court Mixed Ruling ‘Frees Idahoans to Talk With Pregnant Minors About Abortion’

In April of 2023, Idaho passed the nation’s first abortion “trafficking” law (travel ban) making it a crime to procure an abortion for a minor. The law was challenged by reproductive rights advocates, who argued that the legislature had created a statute that makes unclear when lawful mentoring support stops, and unlawful conduct begins. Agreeing with the plaintiffs, in November of 2023, a federal district court issued a preliminary injunction preventing the law from going into effect.

On Dec. 2, the Ninth Circuit Court of Appeals issued a mixed decision in the case. Although not a complete win, as Wendy Heipt of Legal Voice, one of the attorneys for the plaintiffs put it: The “decision is a significant victory … as it frees Idahoans to talk with pregnant minors about abortion healthcare.” 

“Encouragement, counseling, and emotional support are plainly protected speech under Supreme Court precedent,” wrote the Ninth Circuit Court last week, “including when offered in the difficult context of deciding whether to have an abortion.”

Conservative Supreme Court to Rule on Right to Be Trans, Medical Care, Parents’ Rights, Constitutional Sex Discrimination—and the Right to Be Different

“I’m here to stand up for my kid,” Brian Williams told me outside the Supreme Court on Dec. 4. Williams and his wife Samantha have been fighting for their daughter—known as L.W. in the legal papers the ACLU filed to challenge Tennessee’s ban on gender-affirming medical care for minors—for years.

Though difficult to sit through, the two-plus hours of argument in United States v. Skrmetti—a challenge by trans youth, their families, the ACLU, Lambda Legal and the Biden administration to Tennessee’s ban on gender-affirming care for minors—was a nearly perfect distillation of this moment in our gender politics.

The Future of Judicial Reform 

Come Jan. 3, 2025, both the Senate and the House will be in Republican hands. A few weeks later, on Jan. 20, Donald Trump will return to the White House. With a slim Democratic majority in the Senate and a Republican House, the likelihood Democrats could make headway on judicial ethics over the last four years was never high. It’s now nil. The need for reform, however, is greater than ever—as is public support for it.

Power will shift in January, but conversation about the necessity of and path to judicial reform as a way of laying the legislative groundwork must continue.

Ahead of Election, Right-Wing Extremist Leonard Leo Seeks to Further Eliminate U.S. Abortion Access

The fights over upcoming ballot initiatives provide insight into just how many levers of power are at the disposal of antiabortion powerbroker Leonard Leo—the man who engineered the right-wing takeover of the U.S. Supreme Court that in turn reversed Roe—and his network. 

National antiabortion groups with ties to Leo, like Students for Life of America and Susan B. Anthony Pro-Life America, have set up PACs in multiple states where abortion is on the ballot. These groups are also canvassing, phone banking, running ads and helping sow distrust in the ballot signature collection process in certain states.

Our Elections Are Not Fragile

Citizens can vote in 2024 with confidence. Despite the noise and lies and melodrama, voting will likely be uneventful for the vast majority of Americans.

But even as we grow more confident about Election Day, it is increasingly clear that partisans plan to disrupt the counting and undermine trust after the votes are cast.