The post-Roe fallout is descending on Georgia

With help from Ella Creamer, Rebecca Kern, Rishika Dugyala and Teresa Wiltz

What up, Recast family! Voters in several states head to the polls to cast ballots in primary and runoff races, including closely watched contests in New York and Illinois. First, though, we focus on how the fall of Roe v. Wade is shaping the politics of the Peach State.

Stacey Abrams, Georgia’s Democratic gubernatorial nominee, continues to rail against the Court’s decision. Her most scathing condemnation is aimed squarely at the man she hopes to replace in the fall: Republican Gov. Brian Kemp. He is, she says, a “danger” to Georgia women.

Kemp, meanwhile, is focused on reminding voters about the abortion bill he signed three years ago, which remains tied up in federal court.

In the Senate contest, incumbent Sen. Raphael Warnock, a Democrat, is leaning into his self-given moniker as a “pro-choice pastor.” And his Republican challenger, Heisman Trophy winner Herschel Walker, is warning voters about Warnock’s “radical abortion views.”

The Supreme Court’s overturning of a half-century of established law on Friday is igniting fresh intensity to this midterm election cycle. And the political battle over abortion will likely have the greatest impact in the nation’s most closely watched swing state.

For now, abortions in Georgia remain legal up to 20 weeks of pregnancy.

The state’s so-called “heartbeat bill” was set to go into effect in 2020 but remains on hold. The far more restrictive law would ban abortions once fetal activity can be detected, typically around six weeks of pregnancy — before most women know they are pregnant.

Within hours of the Supreme Court striking down Roe and Planned Parenthood v. Casey, landmark decisions which had provided federal protections to abortion,  Georgia’s attorney general filed paperwork asking a federal court to allow the state law to take effect.

Reproductive rights groups and civil liberties organizations sued the state in 2019 after the Legislature approved the law. The 11th U.S. Circuit Court of Appeals in September put a hold on the law pending the outcome of the Dobbs v. Jackson Women’s Health Organization. A ruling from the Atlanta-based federal circuit court is expected in the coming weeks.

On Friday, Kemp sought to swiftly capitalize on the ruling, tweeting an image of himself signing HB 481.

“Today’s landmark ruling is a historic victory for life,” Kemp tweeted. “I look forward to its impact on the legal proceeding surrounding Georgia’s LIFE Act.”

By Sunday, Abrams, who narrowly lost to Kemp in a hotly contested gubernatorial contest in 2018, pounced, painting the current governor as a threat to women’s bodily autonomy.

“I would tell anyone, whether you're a business or a citizen thinking about being in Georgia, to take into very real consideration the danger that Brian Kemp poses to the life and welfare of women in this state,” Abrams said on CNN on Sunday. She vowed to reverse the Georgia law should she win her rematch against Kemp.

WATCH: Roe v. Wade: Abrams warns about 'danger that Brian Kemp poses' to Georgia women

For the most part, though, Kemp has focused on hammering Abrams on public safety, including trying to tie her to defund the police movement, which she has denied.

We’re seeing the early contours of how the abortion ruling is shaping the equally contentious Senate race.

Walker, the former NFL star who has spent recent days weathering criticism that he fathered three previously undisclosed children by multiple women, went on the offensive against his opponent after the fall of Roe. 

“I stand for life,” he said in a statement, “and Raphael Warnock stands for abortion, including the heinous practice of partial birth and late term abortion.”

Warnock, who was one of the co-sponsors of the Women’s Health Protection Act of 2021 currently stalled in the Senate, called the fall of Roe “devastating.”

“I’ve always believed a patient’s room is too small a space for a woman, her doctor and the United States government,” Warnock said in a statement. “Our work to restore the right of women to determine and access their own care must continue.”

Each race is tight. A survey from East Carolina University earlier this month showed Warnock and Walker tied at 46 percent, while Kemp had a 5-point lead over Abrams, 50 percent to 45 percent.

We’ll keep an eye on how this all plays out — and how each of the campaigns uses the outcome to energize voters in the fall.

All the best,
The Recast Team


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VEEP WEIGHS IN ON ROE

In an interview with CNN on Monday, Vice President Kamala Harris expressed dismay at Roe’s demise.

“It's one thing when you know something’s going to happen. It's another thing when it actually happens,” Harris said, adding she found the ruling “shocking.”

WATCH: Harris ‘shocked’ to see SCOTUS overturn Roe

Harris was asked to weigh in on the concurring opinion penned by Justice Clarence Thomas who said the Supreme Court “should reconsider” enshrined rights to contraception access, same-sex relationships and marriages.

“I definitely believe this is not over,” Harris said, “I just think he said the quiet part out loud.”

But when pressed on a proposal gaining momentum from the Democrat’s most liberal wing, Harris sidestepped.

Rep. Alexandria Ocasio-Cortez of New York called on the Biden administration to utilize federal property for abortion services. And Sens. Elizabeth Warren of Massachusetts and  Tina Smith of Minnesota penned an op-ed, calling for similar actions. It’s an idea that nearly two dozen Senate Democrats are on board with.

But when pushed on the administration’s stance on that proposal, Harris responded: “I mean, it's not right now what we are discussing.”

As our colleagues over at E&E News point out, the Hyde Amendment makes such a plan complicated. That’s because it restricts abortion funding for federal programs including Medicare and Medicaid, the Indian Health Service and the Federal Employee Health Benefits Program.

Harris said she and President Joe Biden will “do everything within our power” to ensure women can receive FDA-approved medications they need and are free to travel unrestricted should they seek abortion care outside their state.

She then pivoted to the current Democratic talking point: encouraging voters to elect pro-choice lawmakers in the fall.


DIGITAL SURVEILLANCE IN A POST-ROE WORLD

Following the Supreme Court’s 5-4 ruling overturning Roe v. Wade, individuals’ online footprint, from menstruation tracking apps to location history on Google maps, may be at risk in states where abortion is now — or will soon be — illegal, reports POLITICO tech policy reporter Rebecca Kern.

Digital rights advocates say the biggest change since the 1973 ruling is that today, almost all of our movements and search history are easily tracked by companies and government entities.

“This is not 1973, and in some ways that is bad because we live in unprecedented digital surveillance,” said Eva Galperin, director of cybersecurity at the Electronic Frontier Foundation, a digital rights and privacy nonprofit.

“And in some ways it is good because we live in an era of easy, self-managed abortion.”

People of color and low-income populations living in states where abortion is outlawed are expected to face the greatest challenges in terminating their pregnancies, said Evan Greer, director of Fight for the Future, a digital rights nonprofit.

“Black and brown folks and poor folks will be disproportionately impacted by draconian anti-abortion laws and the use of surveillance to enforce them,” Greer said. “It's not OK for access to privacy to become a luxury for the select few in the same way that access to health care already is.”


ROCKING THE VOTE

Colorado, Illinois, New York, Oklahoma and Utah hold primaries today, while voters in Mississippi and South Carolina are voting in primary runoffs. Here a few key races we’re keeping an eye on:

NEW YORK

New York Gov. Kathy Hochul appears to be on a glidepath to winning the Democratic primary with a commanding lead in public surveys heading into Tuesday. But the more intriguing contest is for her previous job, lieutenant governor. This race is expected to be a lot closer than the top of the ticket.

Remember that in April, then-Lt. Gov. Brian Benjamin, a Democrat, resigned after he was indicted in a federal bribery conspiracy case. Hochel then appointed Rep. Anthony Delgado to the post.

As my POLITICO colleague Bill Mahoney points out, lieutenant governors run on the primary ballot separate from gubernatorial candidates.

Other Democratic candidates include activist Ana Maria Archila and former New York City Council member Diana Reyna. Whoever wins this three-way contest will be in position to make history in the fall as possibly the first Latino elected to the position.

ILLINOIS

We’ll also be watching who will survive the Hunger Games-style primary to replace retiring Rep. Bobby Rush (D-Ill.), the only lawmaker who can boast of defeating  Barack Obama in a head-to-head contest.

As my colleague Shia Kapos, points out in Illinois Playbook today, a whopping 17 Democratic candidates are in the race. Turnout is expected to be light. There’s no runoff, so the winner of the Democratic nomination will be determined by whoever gets the most votes. Some of the frontrunners include Ald. Pat Dowell and businessman Jonathan Jackson, the son of civil rights icon the Rev. Jesse Jackson and younger brother of former Rep. Jesse Jackson, Jr.

SOUTH CAROLINA

Democratic voters in the Palmetto State are heading back to the polls to pick a Senate nominee.

Catherine Fleming Bruce, an author and preservationist, and state Rep. Krystle Matthews advanced to the runoff. No candidate won more than 35 percent of the vote in the primary earlier this month.

The winner of today’s contest will have a tremendous uphill battle in the fall — popular incumbent Republican Sen. Tim Scott holds a massive fundraising advantage.

Scott has more than $24 million cash on hand, according to the latest federal campaign disclosures, compared with less than $8,000 for Bruce and roughly $30,000 for Matthews.

Join POLITICO reporters and editors tonight for news and analysis from all the primary and runoff contests this evening, starting at 8 p.m. EDT.


THE RECAST RECOMMENDS

Axios has audio of Yesli Vega, a Republican nominee running for a congressional seat in Virginia. In it, she downplays the possibility of a woman becoming pregnant after being raped.

At the BET Awards on Sunday, stars used their moment on stage to slam the SCOTUS decision. Watch how it played out here:

Be on the lookout for the final two episodes of the “History is US” podcast dropping Wednesday. Scholar and author Eddie Glaude breaks down how critical racial moments in our nation’s history affect our present-day crises.

RIP Sam Gilliam, abstract artist par excellence.

In this LatinoUSA podcast, writer Kali Fajardo-Anstine discusses how her identity — she is a mixed Chicana with Indigenous, Filipino and German ancestry — influences her work.

Japanese author Sayaka Murata — who brought us the acclaimed “Convenience Store Woman” in 2016 — comes out with a story collection, “Life Ceremony,” next week.

We’re not sure what to make of this trailer of Mr. Malcolm’s List, a Jane Austen-esque Regency-era rom-com featuring Black and brown English aristocrats. Will it be a hit? Or a cringe-worthy flop?

Ukraine’s Kalush Orchestra won Eurovision and their single, “Stefania,” morphed from an ode to one of their moms to an anti-war anthem.

Country and western singer Jimmie Allen is assuring us that everything will “be alright.” We’re thinking that yes, maybe it will be … if we could have his boat.

TikTok of the day: Desi/hip-hop mashup