New GOP stunt hearing dresses up anti-abortion radicals as pro-child advocates

Republican lawmakers have been trying to dig themselves out of the ditch created when the Alabama Supreme Court ruled last month that frozen embryos created through in vitro fertilization should be considered children. And former President Donald Trump has been trying to throw off the political albatross of near-total abortion bans imposed in red states post-Dobbs v. Jackson as he campaigns for a White House get-out-of-jail-free card.

But now Georgia Rep. Marjorie Taylor Greene has come along with a shovel to dig that ditch a little deeper. Greene was creepily enough all smiles when she announced on X, formerly known as Twitter, that she would be conducting a hearing next Tuesday to investigate “the Black Market of Baby Organ Harvesting.” She also invited people to register on her congressional website for a livestream of the hearing.

RELATED STORY: Watch 12 great moments from Biden's State of the Union

Join me and special guests David Daleiden and Terrisa Bukovinac for a Hearing on Investigating the Black Market of Baby Organ Harvesting on Tuesday, March 19th at 2 PM ET. REGISTER NOW: https://t.co/tBNqeUyKJQ pic.twitter.com/BB9RO428dY

— Rep. Marjorie Taylor Greene🇺🇸 (@RepMTG) March 11, 2024

To be clear, there is no black market of baby organ harvesting. And there’s nothing to smile about regarding Greene’s latest political theater stunt.

Vice President Kamala Harris made history on Thursday when she became the first sitting president or vice president to visit a facility that provides abortions—a Planned Parenthood clinic in St. Paul, Minnesota. Greene is trying to revive a malicious, debunked smear campaign against Planned Parenthood. Forced-birthers have falsely claimed that the health care provider has been profiting off of the illegal sale of aborted fetus parts to medical researchers.

Democrats on the House Oversight Committee created a special web page and YouTube videos to debunk misinformation about Planned Parenthood, such as the claim that its clinics conduct late-term abortions to get body parts to sell. They do not.

Only a few Planned Parenthood clinics have donated fetal tissue for medical research, with the informed consent of the patient, the organization said. Clinics in the past did receive compensation from researchers to cover their costs for processing and transporting the material, but the policy was changed in 2015, and clinics no longer accept reimbursement for expenses related to tissue donation.

But the biggest tell about what Greene is up to are the two witnesses she has announced that will appear at her hearing: prominent anti-abortion activists David Daleiden and Terrisa Bukovinac.

Daleiden, who founded a group known as the Center for Medical Progress, was linked by the Southern Poverty Law Center to ”some of the country’s hardest-line anti-abortion extremists.”

In 2015, Daleiden’s group released a series of deceptively edited undercover videos that claimed to show Planned Parenthood employees involved in the for-profit sale of supposed “body parts from aborted fetuses,” which would have been illegal. That led to efforts in several Republican-controlled states to defund Planned Parenthood health centers.

At least 13 states conducted investigations of Planned Parenthood that found that the organization had not engaged in any wrongdoing. A similar investigation by the House Oversight Committee, pushed by Republican House Speaker John Boehner, reached the same conclusion.

Planned Parenthood, in turn, sued Daleiden’s group. In 2019, a jury ruled in Planned Parenthood’s favor, finding that Daleiden and his group had violated the Racketeer Influenced and Corrupt Organizations Act and engaged in fraud, trespass, breach of contract, and illegal secret recording.

The jury awarded Planned Parenthood compensatory and punitive damages totaling more than $2 million for the harm caused by Daleiden and his co-conspirators. In October 2023, the U.S. Supreme Court declined to hear Daleiden group’s appeal of a lower court’s decision upholding most of the damages awarded to Planned Parenthood, Reuters reported.

Bukovinac gained notoriety in March 2022 during a protest outside the Washington Surgi-Clinic in D.C. when she and another anti-abortion activist, Lauren Handy, claim to have obtained a box containing five fetuses and 110 smaller ones from a medical waste truck driver. The clinic is not affiliated with Planned Parenthood.

Police later said the fetuses were aborted in accordance with D.C. law. In 2022, police removed the fetuses from a refrigerator in Handy’s home after she and several other protesters were indicted on federal charges of blocking access to the Surgi-Clinic during an earlier 2020 protest. In August 2023, Handy and four co-defendants were convicted of illegally blockading the reproductive health clinic. Bukovinac was not among those charged.

Bukovinac founded a group known as Progressive Anti-Abortion Uprising, which demanded that the D.C. clinic be investigated for infanticide. In September 2023, Bukovinac, who identifies herself as a “pro-life progressive,” stood outside the Surgi-Clinic to announce that she was running for president in the Democratic primary (though she’s gotten virtually no traction)—a move that she hoped would enable her to run graphic anti-abortion ads, Michigan Advance reported.

Daleiden and Bukovinac have already telegraphed on X what Greene’s hearing will be about. Right-wing media outlets like The Federalist have picked up a report earlier this month from Daleiden’s group. This time, Daleiden’s group didn’t use undercover videos, but apparently cherry-picked documents obtained via a public records request. Daleiden’s group claimed that Planned Parenthood of San Diego (now known as Planned Parenthood of the Pacific Southwest) had a contractual agreement “to supply aborted fetal body parts” to the University of California San Diego in exchange for “valuable consideration”—namely a share of intellectual property rights derived through their research. 

“This new evidence shows Planned Parenthood sells late-term aborted baby body parts in violation of federal law, for far more money than has ever been discussed before,” Daleiden claims in the report.

But once you get past the sensational headlines, the report says the biological materials being referred to are actually “fetal and placental tissue.” Daleidin’s group also claims that the University of California’s total patent invention revenue for 2021-2022 was over $127 million, but the link is to a page referring to the entire U of C system, with no amount specified for patents derived from fetal tissue research at UCSD.

The website for Planned Parenthood of the Pacific Southwest does not include any reference to the Daleidin group’s allegations. But there is something even more alarming about this hearing: the Alabama Supreme Court's ruling on frozen embryos, and efforts by the GOP to pass legislation that declares human life begins at conception.

And that is the impact on fetal tissue and embryonic stem cell research following the Supreme Court’s June 2022 ruling overturning Roe v. Wade, which had guaranteed abortion rights nationwide.

Immediately after the ruling, medical researchers were already expressing worries that the ruling would result in new restrictions that “will decrease the availability of fetal tissues and embryonic stem cells,” or lead some states to pass laws banning such research entirely, according to The Scientist website.

In 2021, the Biden administration scrapped restrictions imposed by former President Donald Trump on federal funding for medical research using human fetal tissue from elective abortions. If Trump wins in November, even harsher restrictions could be imposed.

The Guttmacher Institute, an abortion-rights advocacy research group, wrote that these federal grants support research “on a wide range of conditions including diabetes, Parkinson’s, Alzheimer’s, spinal cord injuries, hemophilia, leukemia, sickle cell anemia, ALS, and others.”

Back in 2016, when Daleidin’s group first went after Planned Parenthood, the Guttmacher Institute wrote in its report:

Fetal tissue research dates back to the 1930s, and has led to major advances in human health, including the virtual elimination of such childhood scourges as polio, measles and rubella in the United States. Today, fetal tissue is being used in the development of vaccines against Ebola and HIV, the study of human development, and efforts to treat and cure conditions and diseases that afflict millions of Americans.

RELATED STORY: Marjorie Taylor Greene asks if Republicans are 'being bribed' to oppose impeachment

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Morning Digest: Nancy Mace may get a new district and an old primary foe

The Morning Digest is compiled by David Nir, Jeff Singer, and Stephen Wolf, with additional contributions from the Daily Kos Elections team.

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Leading Off

SC-01: Former state Rep. Katie Arrington tells The Hill that she's considering seeking a GOP primary rematch against South Carolina Rep. Nancy Mace, who shocked her colleagues last week when she voted to terminate Kevin McCarthy's speakership. Things could become still more volatile in the Palmetto State, though, because the U.S. Supreme Court is set to hear arguments Wednesday for a lawsuit that seeks to strike down Mace's 1st District as a racial gerrymander.

We'll start with Arrington, who told reporter Caroline Vakil that "all options are on the table" for another campaign against an incumbent who is no stranger to making enemies within her own party. Mace, who unseated Democratic Rep. Joe Cunningham in 2020, broke with Donald Trump in the days after she was forced to barricade in her office during the Jan. 6 attack, saying, "I hold him accountable for the events that transpired." Although the congresswoman, who was an early 2016 Trump supporter, never backed impeachment and soon stopped trying to pick fights with him, her party's master endorsed Arrington as part of an effort to purge critics.

But while Arrington did all she could to try to frame the primary as a battle between pro-Trump and anti-Trump forces, Mace used her superior financial resources to advance a different narrative. The congresswoman reminded voters that Arrington had denied renomination in 2018 to another Trump critic, then-Rep. Mark Sanford, only to suffer an upset loss against Cunningham. The GOP legislature had already done what it could to make sure that no Republican could lose this coastal South Carolina seat by passing a map that extended Trump's 2020 margin from 52-46 to 54-45, but Mace still argued that Arrington could once again cost the party the general election.

The incumbent prevailed 53-45 before easily winning the general election, but Mace wasn't done refashioning her public image. This summer she became a prominent Trump defender on cable news, and Politico reported he passed on his compliments to the congresswoman he'd previously castigated as a "grandstanding loser." But Mace's biggest moment in the spotlight came last week when she joined Florida Rep. Matt Gaetz, whom she'd called "a fraud" earlier this year, and six other Republicans to oust McCarthy.

Observers, including Arrington, were quick to highlight how McCarthy's allies had deployed millions to help Mace in 2020, and the former speaker's backers were also quick to blast the congresswoman's perceived disloyalty. Mace, for her part, argued McCarthy had broken his word to her by refusing to advance her priorities, including a balanced budget amendment and a bill to test more rape kits, and she predicted his backers would seek revenge. "I do need help, because they are coming after me," she said last week to Steve Bannon, the former Trump strategist whom she'd voted to hold in contempt of Congress in 2021.

However, not everyone agrees that Mace will need much help to win renomination in 2024. "When you look at the voting base there, they're not your typical party-line Republican," longtime GOP strategist Dave Wilson told Vakil of the local GOP primary electorate. "They're a little bit more independent in the way that they think." Arrington, though, dismissed Mace's actions as a "political stunt" and predicted that if she doesn't run, "[T]here will be many others." South Carolina requires a primary runoff if no one secures a majority in the first round.

Complicating things further is that no one knows yet just what Mace's district will even look like next year. In January, a federal court ruled that Republican lawmakers intentionally discriminated against Black voters when they redrew Mace's 1st District by packing too many African Americans into the neighboring 6th District. However, it's up to the nation's highest court to decide if the legislature needs to rework the 1st or if the current boundaries will stand.

Even if the Supreme Court strikes down the current map, though, Republicans may still be able to keep their hold on six of the state's seven congressional districts. As we explained in January, the lower court's ruling hinged on the 14th Amendment's equal protection clause rather than the Voting Rights Act; while the latter can require states to draw districts that empower Black voters to elect their chosen candidates, the former has been interpreted to mandate only that map-makers don't let race predominate over other factors without a compelling justification when crafting lines.

For now at least, Mace is behaving like she has more to worry about on her right flank than from Democrats. The congresswoman announced Sunday that she was joining Trump in endorsing Ohio Rep. Jim Jordan, an election conspiracy theorist, for speaker. CBS' Margaret Brennan followed up by asking Mace about the accusations from several former Ohio State University wrestlers alleging that Jordan, who was an assistant coach in the 1980s and 90s, knew their team doctor was sexually assaulting them but didn't intervene. "I'm not familiar or aware with that," said Mace. "He's not indicted on anything that I'm aware of. I don't know anything and can't speak to that."

Redistricting

WI Redistricting: On Friday, the new progressive majority on Wisconsin's Supreme Court ruled 4-3 along ideological lines to hear a lawsuit that's challenging the GOP's legislative gerrymanders, setting oral arguments for Nov. 21.

The court's ruling limited its review to only the claims over non-contiguous districts and whether map' adoption by the court's previous conservative majority violated the separation of powers, setting aside the plaintiffs' partisan gerrymandering claim for now because resolving it would require extensive fact-finding. A trial to conduct that fact-finding could have delayed new maps until after the 2024 elections, and the court noted it would become unnecessary if it strikes down the maps over contiguity or the separation of powers anyway.

Earlier on Friday, progressive Justice Janet Protasiewicz rejected the GOP's calls for her to recuse herself because of how she had called the maps "rigged" during her election campaign earlier this year and received campaign funding from the state Democratic Party. Protasiewicz's recusal decision cited a 2002 U.S. Supreme Court ruling where that court's conservative majority overturned a Minnesota law that had barred judicial candidates from declaring their views on legal and political issues, and she noted that the Wisconsin Democratic Party was not involved with the redistricting case.

Nonetheless, Republican Assembly Speaker Robin Vos responded on Monday by claiming precedent by the federal high court "compels her recusal, and the United States Supreme Court will have the last word here," implying the GOP could appeal her recusal decision to the federal court. Vos and his party have repeatedly threatened to impeach Protasiewicz if she didn't recuse in this case, though he notably did not mention that in Monday's statement.

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Governors

WA-Gov, WA-03, WA Public Lands Commissioner: The Seattle Times' Jim Brunner reports that former GOP Rep. Jaime Herrera Beutler told the conservative group Future 42 on Monday that she'll run for state public lands commissioner rather than for governor or for her old 3rd District. This post, which oversees the Washington Department of Natural Resources, is currently held by Democrat Hilary Franz, who is campaigning for governor next year.

The former congresswoman, who was one of the 10 House Republicans to vote to impeach Donald Trump after Jan. 6, lost her seat last year after she came in third against far-right foe Joe Kent in the top-two primary; Democrat Marie Gluesenkamp Pérez went on to flip the seat that November. While Politico reported the next month that Herrera Beutler was interested in another House bid, she announced in late January that she'd signed on to become a strategic advisor for the Children's Hospital Association―a decision that some observers believed meant she wouldn't be running for any office in 2024.

Those assumptions were premature, and The Dispatch reported just a month later that Herrera Beutler was thinking about running for governor. However, while she didn't rule out the idea shortly after Democratic incumbent Jay Inslee announced his retirement in May, she never again showed any obvious sign of interest after her former House colleague, Dave Reichert, became the GOP frontrunner in July. We hadn't previously heard Herrera Beutler mentioned for a different statewide office until Brunner reported Monday that she would campaign for public lands commission.

Five Democrats are currently running to replace Franz: state Sens. Rebecca Saldaña and Kevin Van De Wege; former state Sen. Mona Das; King County Councilmember Dave Upthegrove; and DNR manager Patrick DePoe. The only Republican who declared before Herrera Beutler was Sue Kuehl Pederson, who lost to Franz 57-43 in 2020.

House

CO-04: Weld County Sheriff Steve Reams on Wednesday told conservative radio host Dan Caplis that he was interested in waging a primary bid against Rep. Ken Buck in an interview that took place the day after Buck became one of the eight Republicans to oust Kevin McCarthy as speaker. Another local GOP elected official, state Rep. Richard Holtorf, formed an exploratory committee last month after the congressman trashed his party's drive to impeach Joe Biden. Buck, for his part, has not committed to running again.

NY-03: Former Democratic Rep. Tom Suozzi announced Tuesday morning that he was entering the race to retake the seat still held by indicted GOP Rep. George Santos, and the new contender dispelled any talk that he'd only run if there were a special election by declaring he was filing "to run for Congress in November of 2024." We'll have more on this kickoff in our next Digest.

Judges

PA Supreme Court: The Associated Press writes that Republican Carolyn Carluccio outspent Democrat Dan McCaffery $2.8 million to $900,000 through Sept. 18, though outside groups have also been aiding him in this statewide race. However, it's not quite clear how much other organizations have been spending on the Democrat's behalf: The AP says that Planned Parenthood and Pennsylvanians for Judicial Fairness have deployed "hundreds of thousands more, with more spending coming," while the ACLU and Democratic Legislative Campaign Committee have promised to deploy resources here.

McCaffery ended Sept. 18 with a $1.2 million to $600,000 edge in cash on hand, though Carluccio likely has access to far more money. The story says that she received a total of $2.1 million through that date in donations from Commonwealth Leaders Fund, a group funded by conservative billionaire Jeff Yass. McCaffery, for his part, has benefited from large contributions from unions and trial lawyer organizations.

Mayors and County Leaders

Allegheny County, PA Executive: The Pittsburgh Post-Gazette reports that Republican Joe Rockey continues to enjoy a huge advertising edge over Democrat Sara Innamorato as he tries to score an upset win next month in this 59-39 Biden county. Rockey has deployed $700,000 on TV ads through Friday promoting him as a moderate and pledging to oppose county tax reassessments. His allies at Save Allegheny County, meanwhile, have thrown down another $480,000; the group has gotten about a quarter of its budget from Commonwealth Leaders Fund, which is largely funded by conservative billionaire Jeff Yass.

Innamorato herself spent $140,000 on the general election, while super PACs have not aired their own ads to aid her. Her opening commercial debuted Oct. 1 and begins by touting her as a candidate who "shares our values" on public safety and reproductive rights. The narrator then goes after Rockey as someone who "bankrolled Trump, supporting extremists, backed Republicans repealing reproductive rights, and said he won't stand up for the right to choose."

Obituaries

Ted Schwinden: Former Montana Gov. Ted Schwinden, a Democrat who served from 1981 to 1989, died Saturday at the age of 98. Schwinden famously kept his number listed in a public phonebook even after he became the state's chief executive and answered callers himself; radio hosts throughout the country also would call him at home without warning and speak to the governor on the air. Schwinden's openness and directness won him many fans: A Republican rancher supposedly said, "I don't agree with Ted, but I trust the son of a bitch!"

Schwinden was elected lieutenant governor on a 1976 ticket led by Tom Judge, which marked the first time that both posts were elected together rather than separately. Schwinden decided to challenge Judge for renomination four years later, though, arguing the two-term governor had "run out of steam." (Montana voters wouldn't approve term limits until 1992.) The challenger won 51-42 and went on to defeat Jack Ramírez, the GOP's leader in the state House, 55-45 even as Ronald Reagan was carrying the state 57-32.

Schwinden, who famously turned down a chance to watch the Super Bowl with Miami Dolphins owner Joe Robbie because it would have conflicted with his planned talk to a Montana high school class, proved to be popular in office and won reelection 70-26 during Reagan's 1984 landslide. Schwinden kept his two-term pledge and retired in 1988, and Republican Stan Stephens' victory over Judge that year ended 20 years of Democratic governors.

Schwinden never again sought office and later moved to Arizona, though he remained a useful sounding board for at least one prominent Montana Democrat. Brian Schweitzer recounted that he spoke to the former governor ahead of his ultimately successful 2004 bid to become the state's first Democratic leader since Schwinden himself left office: "The best advice he gave me was be good with money," Schweitzer told the Billings Gazette. "A Dem that is good with money is unassailable, so that's where I always was."

Ad Roundup

Texas wants Planned Parenthood to repay millions of dollars

Texas wants Planned Parenthood to give back millions of dollars in Medicaid reimbursements — and pay far more in fines on top of that — in a lawsuit that appears to be the first of its kind brought by a state against the largest abortion provider in the U.S.

A hearing was set for Tuesday in front of U.S. District Judge Matthew Kacsmaryk, who earlier this year put access to the most common method of abortion in the U.S. in limbo with a ruling that invalidated approval of the abortion pill mifepristone.

The case now before him in America's biggest red state does not surround abortion, which has been banned in Texas since the U.S. Supreme Court overturned Roe v. Wade last year. But Planned Parenthood argues the attempt to recoup at least $17 million in Medicaid payments for health services, including cancer screenings, is a new effort to weaken the organization after years of Republican-led laws that stripped funding and imposed restrictions on how its clinics operate.

At issue is money Planned Parenthood received for health services before Texas removed the organization from the state's Medicaid program in 2021. Texas had begun trying to oust Planned Parenthood four years earlier and is seeking repayment for services billed during that time.

“This baseless case is an active effort to shut down Planned Parenthood health centers," said Alexis McGill Johnson, president of Planned Parenthood Federation of America.

Texas brought the lawsuit under the federal False Claims Act, which allows fines for every alleged improper payment. Planned Parenthood says that could result in a judgement in excess of $1 billion.

It is not clear when Kacsmaryk will rule.

The lawsuit was announced last year by Republican Texas Attorney General Ken Paxton, who is now temporarily suspended from office pending the outcome of his impeachment trial next month over accusations of bribery and abuse of office.

Spokespersons for the office did not return a message seeking comment Monday. Last year, Paxton said it was “unthinkable that Planned Parenthood would continue to take advantage of funding knowing they were not entitled to keep it.”

Jacob Elberg, a former federal prosecutor who specialized in health care fraud, described Texas' argument as weak.

He called the False Claims Act the government's most powerful tool against health fraud. Cases involving the law in recent years have included a health records company in Florida and a Montana health clinic that submitted false asbestos claims.

Elberg said it is “hard to understand” how Planned Parenthood was knowingly filing false claims at a time when it was in court fighting to stay in the program and Texas was still paying the reimbursements.

“This just isn’t what the False Claims Act is supposed to be about,” said Elberg, faculty director at Seton Hall Law School's Center for Health & Pharmaceutical Law.

Planned Parenthood has roughly three dozen health clinics in Texas. One has closed since the Supreme Court ruling last year that allowed Texas to ban abortion.

Morning Digest: Three House incumbents lose renomination during a huge primary night

The Daily Kos Elections Morning Digest is compiled by David Nir, Jeff Singer, Stephen Wolf, and Daniel Donner, with additional contributions from David Jarman, Steve Singiser, James Lambert, David Beard, and Arjun Jaikumar.

Subscribe to The Downballot, our weekly podcast

Leading Off

IL-06, IL-15, MS-04: Tuesday was one of the biggest primary nights of the cycle, and not just because a trio of House incumbents lost renomination. We’ll start with a look at those three contests below as we begin our summary of where things stood as of 8 AM ET in the big contests. You can also find our cheat-sheet here.

 IL-06 (D & R): Two-term Rep. Sean Casten defeated freshman colleague Marie Newman by a wide 68-29 margin in their Democratic primary for a seat in Chicago's inner western suburbs. Newman’s existing 3rd District makes up 41% of this new seat while Casten's current 6th District forms just 23%, but she was hurt by an ethics investigation into charges she sought to keep a potential primary opponent out of the race when she ran in 2020 by offering him a job as a top aide if she won. The race largely paused about two weeks before Election Day after the congressman's teenage daughter died suddenly and Newman announced that she was halting negative ads.

Casten will face Orland Park Mayor Keith Pekau, who won the GOP nod by beating Burr Ridge Mayor Gary Grasso 39-27, in a constituency Biden would have carried 55-44.

 IL-15 (R): Freshman Rep. Mary Miller, who had support of Donald Trump and the Club for Growth, beat five-term incumbent Rodney Davis 57-43 in a safely red seat in rural central Illinois. While neither member had much of a geographic advantage in this new seat, the far-right Miller proved to be a better fit for local Republicans than Davis, who had long sought to present himself as a moderate in order to win under the previous map and voted for a Jan. 6 commission.

Davis tacked right during this campaign and pledged to investigate the Jan. 6 committee if he became chair of the House Administration Committee, but it was far from enough. Miller, by contrast, told Trump at a rally on Saturday, “I want to thank you for the historic victory for white life in the Supreme Court yesterday.” (Her campaign responded by insisting she’d meant to say “right to life.”)

 MS-04 (R): Jackson County Sheriff Mike Ezell defeated six-term Rep. Steven Palazzo 54-46 in the Republican runoff for a safely red seat along the Mississippi Gulf Coast. The incumbent led Ezell only 31-25 in the first round of voting on June 7, and all five of the defeated candidates quickly endorsed Ezell for the runoff. Mississippi Today says that this is the first time a House incumbent has lost renomination in the Magnolia State since 1962, when Jamie Whitten beat fellow Rep. Frank Smith in their Democratic primary. (Whitten, who was elected in a 1941 special, retired in 1995 as the longest serving House member in American history, though the late Michigan Democrat John Dingell later broke that record.)

Palazzo spent the campaign dogged by an ethics investigation into allegations that he illegally used campaign funds for personal purposes. His many critics also portrayed him as an absentee congressman uninterested in doing his job, and Palazzo gave them more fodder earlier this year when he posted a picture on Facebook of himself and his son at a restaurant in Mississippi hours after he abruptly canceled a campaign forum for what his staff said were “meetings dealing with national security.”

election recaps

 Primary Night: Below is a state-by-state look at where Tuesday’s other major contests stood as of 8 AM ET Wednesday. We’ll start with a surprisingly close special election in Nebraska:

 NE-01 (special): Republican state Sen. Mike Flood only defeated Democratic colleague Patty Pansing Brooks 53-47 to win the contest to succeed Republican Rep. Jeff Fortenberry, who resigned in March after he was convicted of concealing illegal campaign funds he received from a foreign national, in a Lincoln area constituency that Trump would have won 54-43 in 2020 and 56-38 four years before. Bizarrely, the special was held under the new district lines even though the winner will fill out the remainder of Fortenberry's term, which he of course won under the old lines; Trump carried the existing 1st by a stronger 56-41 in 2020.

National Democrats, though, were not prepared for things to be anywhere near as close as they were: Indeed, Pansing Brooks’ media consultant, Ian Russell, says that Flood outspent her $860,000 to $80,000 in a contest that attracted no serious outside spending. The two state senators will face off again in November for a full two-year term.

We’ll move on to Colorado, where Democrats spent serious amounts in what proved to be unsuccessful efforts to get Republicans to nominate Team Blue’s preferred opponents:

 CO-Sen (R): Self-funding businessman Joe O’Dea turned back state Rep. Ron Hanks, a vocal proponent of the Big Lie, 55-45 in the GOP primary to face Democratic incumbent Michael Bennet. A poll from the Democratic firm Global Strategy Group showed both Republicans losing to Bennet by the same 13-point margin, but Team Blue believed that the extremist Hanks would be easier to defeat.

 CO-Gov (R): University of Colorado Regent Heidi Ganahl, who is Colorado’s only remaining statewide Republican, defeated businessman Greg Lopez 54-46 for the right to take on Democratic Gov. Jared Polis. That same GSG poll showed Polis winning by identical 51-32 spreads against both, but Democrats tried to get GOP voters to select the underfunded Lopez.

 CO-03 (R): Another far-right freshman, Rep. Lauren Boebert, beat self-described moderate state Sen. Don Coram 65-35 in a western Colorado seat that Trump would have taken 53-45.

 CO-05 (R): Rep. Doug Lamborn turned back state Rep. Dave Williams 48-33 in a Colorado Springs-based seat Trump also would have carried 53-43. Lamborn, who has struggled to win renomination in the past, is the subject of an ongoing ethics investigation into allegations that he misused official resources by having congressional staff perform personal and campaign-related tasks for him and his wife.

 CO-07 (R): Former oil and gas executive Erik Aadland defeated businessman Tim Reichert 48-36 in the GOP primary to succeed retiring Democratic Rep. Ed Perlmutter. Aadland will be the underdog against state Sen. Brittany Pettersen, who had no Democratic primary opposition, in a seat in the western Denver suburbs that Biden would have carried 56-42. 

 CO-08 (R): State Sen. Barbara Kirkmeyer beat Thornton Mayor Jan Kulmann 40-23 in the GOP primary for this newly created seat in Denver's northern suburbs. Democrats had aired ads trying to block Kirkmeyer and convince Republicans to instead nominate far-right Weld County Commissioner Lori Saine, but Saine ended up taking only third with 20%. Kirkmeyer will go up against state Rep. Yadira Caraveo, who had no opposition in the Democratic primary, in a constituency Biden would have won 51-46.

 CO-SoS (R): Former Jefferson County Clerk Pam Anderson defeated economic development specialist Mike O'Donnell 43-29; the balance went to Mesa County Clerk Tina Peters, who was indicted in March for allegedly breaching the county's election systems during her attempt to demonstrate fraud in 2020. Anderson, who was the one Republican candidate who acknowledged that Biden won the 2020 election, will go up against Democratic Secretary of State Jena Griswold.

Next is Illinois, which was home to the bulk of Tuesday’s biggest contests:

 IL-Gov (R): Both Democratic Gov. J.B. Pritzker and Donald Trump got what they wanted from the Republican primary as far-right state Sen. Darren Bailey beat venture capitalist Jesse Sullivan in a 57-16 blowout; Aurora Mayor Richard Irvin, who looked like the frontrunner until early June, took third with just 15% despite the $50 million in donations he’d received from billionaire Ken Griffin.

Pritzker and his allies at the DGA very badly wanted to face Bailey instead of Irvin, and they spent massive amounts to make that happen. NBC reports that the incumbent dropped $32 million on TV ads during the GOP primary, most of which went towards hitting the mayor, while the DGA deployed another $18 million on commercials either touting Bailey as a conservative or attacking Irvin. Another conservative megadonor, Richard Uihlein, spent $17 million to promote Bailey as well and go after Irvin’s record as mayor and past moderate stances.

 IL-01 (D): Businessman Jonathan Jackson, who is the son of two-time presidential candidate Jesse Jackson and benefited from $1 million in support from crypto-aligned PACs, won the nomination to succeed retiring Democratic Rep. Bobby Rush in this safely blue seat by defeating Chicago Alderman Pat Dowell 28-19. Rush, who is the only person to ever defeat Barack Obama, supported former Chicago Cook Workforce Partnership CEO Karin Norington-Reaves, who finished third with 14%.

 IL-03 (D): State Rep. Delia Ramirez, who had several progressive groups on her side, beat Chicago Alderman Gilbert Villegas 66-24 in a safely blue seat centered around heavily Latino areas in southwestern Chicago and the city's western suburbs.

 IL-07 (D): Longtime Rep. Danny Davis turned back anti-gun violence activist Kina Collins 52-45 in what was easily his closest renomination fight ever in this heavily Democratic seat in downtown Chicago. Davis beat Collins 60-14 in a 2020 contest that attracted little attention, but this time, there was notable outside spending on both sides. President Joe Biden also endorsed the 13-term incumbent two days before the primary.

 IL-08 (D): Rep. Raja Krishnamoorthi defeated businessman Junaid Ahmed 70-30 in a seat based in Chicago's outer western suburbs. Biden would have prevailed 57-41 here.

 IL-13 (R & D): The AP has not yet called this GOP primary, but with 95% of the projected vote in, activist Regan Deering leads former federal prosecutor Jesse Reising 35-33. The Democrats are fielding former Biden administration official Nikki Budzinski, who won her own primary 76-24, in a seat that now snakes from East St. Louis northeast through Springfield to the college towns of Champaign and Urbana. Democratic mapmakers transformed what was a 51-47 Trump constituency into one Biden would have carried 54-43, which is why GOP Rep. Rodney Davis decided to take his chances in the 15th instead of run here.

 IL-14 (R): The AP also has not yet made a call in the GOP primary, but conservative radio host Mike Koolidge leads perennial candidate James Marter 31-24. The winner will face Democratic Rep. Lauren Underwood in a constituency in Chicago's western exurbs where Democratic legislators augmented Biden's margin of victory from 50-48 to 55-43.

 IL-17 (D): Former TV meteorologist Eric Sorensen, who would be the first gay person to represent Illinois in Congress, won the Democratic nod to succeed retiring Democratic Rep. Cheri Bustos by beating former state Rep. Litesa Wallace 38-23. Republicans are once again fielding 2020 nominee Esther Joy King, who lost to Bustos 52-48 as Trump was taking the old version of this northwestern Illinois seat 50-48; Biden would have carried the new version of the 17th 53-45.

Mississippi also had another big runoff Tuesday:

 MS-03 (R): Rep. Michael Guest avenged his June 7 embarrassment by beating Navy veteran Michael Cassidy 67-33 in the runoff for this safely red seat in the central part of the state. Cassidy led Guest, who voted for a Jan. 6 commission, 47.5-46.9 in the first round in a campaign that almost everyone expected the incumbent to win with ease. The congressman, who himself acknowledged he'd run a complacent campaign, used the next three weeks to air ads attacking Cassidy for the first time, while his allies at the Congressional Leadership Fund spent serious amounts on anti-Cassidy messaging.

New York held primaries for statewide races and the state Assembly, but because the courts redrew the maps for the U.S. House and state Senate, those nomination contests won't take place until Aug. 23.

 NY-Gov & NY-LG (D): Gov. Kathy Hochul won her primary for a full term by beating New York City Public Advocate Jumaane Williams 68-19, while Rep. Tom Suozzi took 13%. Lt. Gov. Antonio Delgado, a former congressman who served as Hochul’s informal running mate, won his separate primary by beating activist Ana Maria Archila, who was aligned with Williams, 61-25. Hochul and Delgado will campaign together as a ticket in November.

 NY-Gov (R): Rep. Lee Zeldin defeated former Trump White House staffer Andrew Giuliani, the son of Donald Trump's most embarrassing attorney, 44-23. Zeldin and running mate Alison Esposito, who had no intra-party opposition in the primary for lieutenant governor, will try to unseat Hochul and Delgado in a state where Republicans haven’t won a single statewide race since 2002.

Oklahoma also went to the polls: A runoff will take place Aug. 23 in any contests where no one earned a majority of the vote.

 OK-Sen-B (R): Rep. Markwayne Mullin and former state House Speaker T.W. Shannon will compete in the runoff to succeed longtime Sen. Jim Inhofe, a fellow Republican who announced in late February that he would resign, effective ​​when the current Congress ends.

Mullin took a firm first place with 44% while Shannon, who lost to now-Sen. James Lankford in the 2014 primary for Oklahoma’s other Senate seat, outpaced state Sen. Nathan Dahm 19-12. Another 11% went to Luke Holland, Inhofe’s former chief of staff and preferred successor, while former Environmental Protection Agency Scott Pruitt barely registered with just 5%.

 OK-Gov (R): Gov. Kevin Stitt decisively beat state Department of Veterans Affairs head Joel Kintsel 69-14 even after dark money groups spent millions against him. Stitt will be favored in the fall against Democratic Superintendent of Public Instruction Joy Hofmeister, who left the GOP last year.

 OK-02 (R): State Rep. Avery Frix will compete in the runoff to succeed Mullin in this dark red eastern Oklahoma seat, but the AP has not yet called the second runoff spot. With 99% of the expected vote in for this enormous 14-person field, Frix leads with 15% while former state Sen. Josh Brecheen holds a 14-13 edge over Muskogee Chief of Police Johnny Teehee.

 OK-05 (R): Despite her vote for a Jan. 6 commission, freshman Rep. Stephanie Bice defeated her underfunded foe, conservative YouTube show host Subrina Banks, 68-32 in a newly gerrymandered seat in the Oklahoma City area.

The big night concluded with Utah.

 UT-Sen (R): Far-right Sen. Mike Lee turned back former state Rep. Becky Edwards, who centered her challenge around Lee's unbending fealty to Donald Trump, 62-30. The incumbent will go up against conservative independent Evan McMullin, whom Democrats decided to support rather than field their own candidate.

 UT-01 (R): Freshman Rep. Blake Moore, who also voted to create a commission to investigate the Jan. 6 attacks, beat retired intelligence officer Andrew Badger 59-27 in this safely red northern Utah seat.

 UT-03 (R): Finally, Rep. John Curtis, who also voted for a Jan. 6 commission, defeated former state Rep. Chris Herrod 71-29 in what was their third GOP primary contest. This seat in the Provo area and southeastern Utah is also dark red turf.

  Redistricting

LA Redistricting: In an unsurprising move, the Supreme Court's far-right supermajority voted without explanation to block a lower court decision that struck down Louisiana's congressional map for violating the Voting Rights Act over the objections of the three liberal justices. The court said it would hear a full appeal next term. As a result, Louisiana will use a map this year that features just a single Black congressional district out of six, despite the fact that the trial court determined that African Americans, who make up a third of the state's population, are entitled to a second district in which they can elect their preferred candidates under the VRA.

Senate

AK-Sen: Sen. Lisa Murkowski's allies at Alaskans For Lisa are using their first negative TV ad to attack former state cabinet official Kelly Tshibaka as "​​so extreme she wants to outlaw receiving contraceptives by mail," which is almost never the type of messaging we hear in a contest between two Republicans. However, the state's new top-four electoral system gives Murkowski's side an incentive to appeal to Alaska's entire electorate, not just the social conservatives who usually dominate GOP primaries

And there's good reason to think that this sort of ad could resonate even in a red state like this one. Civiqs finds that registered voters agree that abortion should be legal in most or all cases by a 50-45 margin, while other surveys have also shown that a majority of Alaskans support abortion rights.

AZ-Sen: Former Thiel Capital chief operating officer Blake Masters' newest commercial for the August primary features him standing next to Donald Trump as the GOP's actual master delivers a rare direct-to-camera appeal for one of his candidates. (Trump previously made a personal pitch for David Perdue in the primary for governor of Georgia which … did not end well for either man.)

After praising Masters as "strong on election fraud," Trump also uses this occasion to argue that two of his intra-party foes, Attorney General Mark Brnovich and wealthy businessman Jim Lamon, "will only let you down," though he uncharacteristically refrains from dissing them further. Masters himself only chimes in at the end to approve the commercial and shake Trump's hand, a practice Trump once dismissed as "barbaric."

MO-Sen: John Wood, a former Republican who served as a senior advisor to the Jan. 6 committee until last week, announced Wednesday morning that he’d run for this open seat as an independent. Wood previously served as U.S. Attorney for the Kansas City area under George W. Bush.

Wood launched his campaign shortly after former Republican Sen. John Danforth starred in a commercial that was part of what AdImpact reported is a $1.4 million buy from a PAC called Missouri Stands Unite. Danforth, who left office in 1995, didn’t mention Wood or anyone else by name but instead spent the 90 second commercial expressing his disillusionment with the state of American unity and argues that a victory for a nonaligned candidate would send a "message to politicians throughout America." Danforth, though, called for Wood to run before the independent launched his campaign.

NV-Sen, WI-Sen: Two new ads from two pro-choice groups in top-tier Senate races both focus on abortion in the wake of the Dobbs decision, but they use strikingly different language.

In Nevada, Women Vote, which is the super PAC arm of EMILY's List, says it's spending $2.1 million to castigate Republican Adam Laxalt for calling the Supreme Court's ruling an "historic victory." The narrator elaborates: "Unapologetically pro-life, Laxalt has made a career pushing to limit abortion rights, committed to taking control of every woman's personal decision and giving it to politicians."

Planned Parenthood, meanwhile, says it's putting $1.5 million behind an ad warning that the Supreme Court's decision will "trigger[] a ban on nearly all abortions in Wisconsin" because of an 1849 law outlawing abortion that's still on the books. She explains that Sen. Ron Johnson "sided with them on overturning Roe v. Wade—punishing doctors and hurting people. Putting our health and reproductive rights in danger." The voice-over concludes, "Johnson even said, if you don't like it, you can move." (Yep, he sure did.)

What's surprising is hearing an organization like EMILY's List use the term "pro-life"—a dastardly bit of Orwellian rhetoric deployed by the right for decades that has worked wonders to soften the image of a cruel movement designed to render women second-class citizens. Planned Parenthood wisely avoids the problem by eschewing labels altogether and simply describing the implications of Johnson's vision.

WA-Sen: Tiffany Smiley, who is the only serious Republican challenging Democratic incumbent Patty Murray, has released an internal from The Tarrance Group showing her trailing the senator only 48-43. An early June survey for the Democratic firm Public Policy Polling for the Northwest Progressive Institute gave Murray a larger 51-40 edge, but the Democrat has been taking this contest seriously. Politico reports that Murray has spent over $1 million on her opening ad campaign, including a recent spot where an OB-GYN warned, "You think women's reproductive health care is safe here in Washington? Not with Mitch McConnell's handpicked candidate in the U.S. Senate, Tiffany Smiley."

Governors

AZ-Gov: Former Rep. Matt Salmon announced Tuesday that he was dropping out of the August Republican primary, saying, “Unfortunately, numbers are numbers, and it has become clear to me that the path to a first-place victory is no longer a realistic possibility.” While Salmon only narrowly lost the 2002 general election for this post to Democrat Janet Napolitano, he lagged in polls and fundraising in his second campaign 20 years later.

The former congressman’s departure five weeks ahead of the primary leaves former TV news anchor Kari Lake, who has Trump’s endorsement, and Board of Regents member Karrin Taylor Robson as the only two major GOP contenders. Self-funding businesswoman Paola Tulliani Zen is also in, but while she recently aired an ad declaring, “I’m going to cut the fat off our government like I cut the fat off my prosciutto,” she’s otherwise attracted very little attention.

MD-Gov: Goucher College, polling on behalf of the Baltimore Banner and WYPR, finds close contests in both party's July 19 primaries.

On the Democratic side, the school gives state Comptroller Peter Franchot the edge with 16% as former nonprofit head Wes Moore and former Democratic National Committee chair Tom Perez are just behind with 14% each; former Attorney General Doug Gansler is a distant fourth with just 5%, while a 35% plurality of respondents are undecided. The only other independent poll we've seen here was an early June OpinionWorks poll that also put Franchot on top with 20% as Moore and Perez took 15% and 12%, respectively.

In the Republican primary, Goucher has Del. Dan Cox outpacing former state Commerce Secretary Kelly Schulz 25-22, with 44% undecided and no other candidates breaking 3%. OpinionWorks earlier this month gave Schulz, who has termed-out Gov. Larry Hogan's endorsement, a 27-21 advantage over the Trump-backed Cox.

House

AZ-01: Self-funder Elijah Norton's newest GOP primary commercial against incumbent David Schweikert features the congressman's former campaign treasurer, Karen Garrett, expressing some choice words about her old boss and the scandal that dogged him last cycle. Garrett tells the audience that Schweikert "reported a fraudulent $100,000 loan, $279,000 in illegal contributions, and more than $500,000 missing." She concludes, "Then he blamed his staff. He lied to us. Discovering the kind of person David has become has been one of the heartbreaks of my life."

FL-02: The local firm Sachs Media gives Republican Rep. Neal Dunn a small 43-40 edge over his Democratic colleague, Al Lawson, in the first poll we've seen of this incumbent vs. incumbent matchup. There's reason to think the undecided voters lean Republican, though: The sample also favors Republican Gov. Ron DeSantis 53-41 in a general election against Democratic Rep. Charlie Crist (Agriculture Commissioner Nikki Fried, who is also seeking the Democratic nod for governor, was not tested), which closely matches Trump's 55-44 performance here in 2020.

FL-04: Jacksonville Mayor Lenny Curry on Tuesday became the latest prominent Republican to endorse state Sen. Aaron Bean in the August primary for this open seat.

FL-23: Broward County Commissioner Jared Moskowitz has earned an endorsement from Hillary Clinton ahead of the Democratic primary.

FL-27: State Sen. Annette Taddeo has released an internal from SEA Polling and Strategic Design that shows her outpacing Miami Commissioner Ken Russell 51-15 in the Democratic primary to take on freshman Republican Rep. María Elvira Salazar.

OH-09: Democratic incumbent Marcy Kaptur is using her first TV ad against her opponent, QAnon-aligned activist J.R. Majewski, to highlight the Republican's involvement in the Jan. 6 attack. The narrator recounts, "He broke past the police barricades at the Jan. 6 Capitol riot" as the audience sees photos of Majewski in the crowd, continuing, "140 police officers were injured, one died." The speaker, who is now identified as a local voter, goes on to praise Kaptur's record supporting the police and funding a new jail before adding, "Look, reckless guys waving assault weapons don't make our families safer, more police in our neighborhoods do."

Ballot Measures

AK Ballot: Alaskans will vote this November on whether to hold a state constitutional convention, and the Alaska Beacon's Lisa Phu writes that this once-in-a-decade referendum has become an abortion rights battleground now that the U.S. Supreme Court has overturned Roe v. Wade. The Alaska Supreme Court in 1997 recognized that the state's governing document protects the right to an abortion, and pro-choice groups are urging voters to keep the status quo in place by voting "no."

Anti-choice forces, likewise, understand that a victory for the "yes" side would give them a chance to outlaw abortion in a state where it's otherwise difficult to amend the state constitution. It takes two-thirds of both the state House and Senate to put a constitutional amendment proposal on the ballot, and while two state Senate committees last year advanced a proposal reading, "To protect human life, nothing in this constitution may be construed to secure or protect a right to an abortion or require the State to fund an abortion," it failed to receive a floor vote in either chamber. Senate Republicans and their one Democratic ally currently hold a 14-6 supermajority, but the House is run by a coalition of Democrats, independents, and a few Republicans.  

If a majority voted "no" this fall, then this referendum would next take place in 2032. (Alaska is one of 14 states where constitutional convention questions automatically appear on the ballot after a set number of years; in 2012, "no" won 67-33.) If "yes" came out on top, however, the lieutenant governor's office says, "The process could take as long as four-plus years or, depending on the legislature, it could be as short as, say, two years." Phu explains that after the convention finished its work, voters would need to approve any amendments or other revisions to the constitution. The Last Frontier held its last constitutional convention in 1955 and 1956, which was a few years before Alaska became a state.

CA Ballot, VT Ballot: On Tuesday night, both chambers of California's Democratic-led legislature mustered up the two-thirds majorities needed to place a constitutional amendment on November's ballot that would affirm that "the state shall not deny or interfere with an individual's reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion and their fundamental right to choose or refuse contraceptives."

Politico explains that, while "[p]rivacy rights already embedded in the state Constitution have been widely interpreted as protecting the right to abortion," Democratic leaders want to do everything they can to avoid any legal ambiguity especially now that Roe v. Wade has been overturned. Back in February, Vermont's Democratic-controlled legislature voted to place a similar constitutional amendment on its general election ballot that would safeguard "reproductive autonomy." Civiqs finds that at least 70% of registered voters in both states believe abortion should be legal in all or most cases.

Grab Bag

Where Are They Now?: On the very day of the special election to fill the vacancy caused by his resignation, former Republican Rep. Jeff Fortenberry learned that he would receive zero time in jail after he was convicted in March of lying to federal investigators in an effort to conceal illegal campaign funds he received from a foreign national.

Remarkably, U.S. District Court Judge Stanley Blumenfeld handed down the light sentence—two years of probation, community service, and a fine—because he concluded that "by all accounts the man is of exceptional character," adding, "The court is convinced that this wrongful, dishonest choice was out of character by Mr. Fortenberry." Making the sentence all the more inexplicable, Fortenberry still denies wrongdoing and once again said he would appeal—the very opposite of the sort of showing of contrition that might motivate a judge toward leniency.

Ad Roundup

Dollar amounts reflect the reported size of ad buys and may be larger.