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POLITICO California Playbook PM: What California can -- and can't -- do on abortion

Your afternoon must-read briefing on politics and government in the Golden State
Aug 08, 2022 View in browser
 
POLITICO California Playbook PM

By Victoria Colliver and Alexander Nieves

CALIFORNIA STRETCHES ITS BOUNDARIES: California lawmakers who support reproductive rights want to protect everyone involved in an abortion. That could mean clinicians and patients as well as anyone who helps them, regardless of where they live.

But California's powers could stop at its borders. 

The patchwork of conflicting state abortion laws prompted by the Dobbs decision is testing the boundaries of how far a state can go to enforce its laws in another state. That's prompting legal scholars to look back before the Civil War — to the clashing state laws around slavery when it comes to lawful prosecution, protection or cooperation involving another state.

Those laws haven't been tested, and those legal battles could take years to sort out. Meanwhile, California is moving forward with 14 bills to fight back against laws from other states hostile to abortion. Here are some key measures we are watching:

  • A relatively new bill by Assemblymember Rebecca Bauer-Kahan (D-Orinda), AB 1242, added in June, would prohibit the arrest in California of anyone involved in providing or accessing an abortion. It would prohibit law enforcement in California from cooperating with out-of-state abortion investigations. Bauer-Kahan also authored AB 1666, which protects Californians from civil judgments based on laws in other states that are hostile to abortion rights. That went into immediate effect after the governor signed it in June.
  • AB 2223, by Assemblymember Buffy Wicks (D-Oakland), has emerged as the most controversial measure. The bill would make sure no one in California could be investigated, prosecuted or jailed for experiencing a pregnancy loss. Opponents have falsely claimed it would legalize infanticide. 
  • AB 2626, by Assemblymember Lisa Calderon (D-Industry), would prevent the state's medical boards from suspending or revoking licenses of those punished in another state for providing abortions. Another bill introduced in June, AB 657, by Assemblymember Jim Cooper (D-Elk Grove), would expedite licensing for practitioners who seek to provide abortions. 

All of the proposals in the abortion package are still in play or already signed into law, including an amendment on the November ballot to enshrine abortion and contraception rights in the state constitution.

Proponents are bullish on the initiative's odds. Kansans' stunning decision last week to uphold the right to an abortion in their state constitution — by a nearly 20-point margin — bolsters that optimism.

HAPPY MONDAY AFTERNOON! Welcome to California Playbook PM, a POLITICO newsletter that serves as an afternoon temperature check of California politics and a look at what our policy reporters are watching. Got tips or suggestions? Shoot an email to anieves@politico.com or send a shout on Twitter. DMs are open!

WHAT YOU NEED TO KNOW TODAY

EDD DILEMMA: California's unemployment policies are fundamentally skewed toward supporting businesses rather than unemployed workers, leading to long delays in payments and an excessive number of claims being denied, according to a report released today by the nonpartisan Legislative Analyst's Office. LAO's researchers found that more than half of the unemployment claims rejected by EDD each year are eventually overturned by an appeals board — compared to only a quarter of claims made nationwide — and applicants often wait weeks or months before receiving benefits, the result of overly complicated fraud protections and inefficiencies in the department.

Despite a rash of fraud incidents connected to a now defunct federal pandemic program, fraudulent unemployment insurance claims are now rare, representing less than one percent of all claims. The state, however, has prioritized clamping down on fraud over getting payments out to unemployed workers because the program is underfunded and supported by taxes paid by businesses, creating an incentive to keep costs down.

The report laid out more than a dozen recommendations for improving the program, including simplifying the unemployment application. It also suggested a California State Auditor investigation into why so many EDD claim denials are eventually overturned.

ON THE BEATS

CLINTON CASH: Former Secretary of State Hillary Clinton hosted a virtual fundraiser today for Rep. Karen Bass , who is looking to capitalize on a wave of recent national support to bolster her campaign for Los Angeles mayor. Tickets for the event ranged from $3,000 for a couple — the max individual contribution allowed in LA races is $1,500 — to $500 for guests on Zoom links. Bass also received endorsements from President Joe Biden and Vice President Kamala Harris last week as she is locked in battle for the seat with billionaire businessman Rick Caruso , who she finished seven points ahead of in the primary.

GREENS UNITED: Ten environmental groups have sent a list of their climate and energy policy demands to Gov. Gavin Newsom, Senate Pro Tem Toni Atkins and Assembly Speaker Anthony Rendon as an environmental deal brews at the Capitol. The governor spoke to both caucuses last week about his desire to see bolder clean energy goals and drilling setbacks, though he avoided advocating for specific bills. Greens don't always agree on the details, but so the specifics in Friday's letter could pressure policymakers to act. The groups requested, among other things, an emissions reduction target for 2045 and a carbon capture and storage policy that avoids extending the life of the state's fossil fuel infrastructure. — Camille von Kaenel.

AROUND CALIFORNIA

" Grand jury investigating L.A. Sheriff Dept. handling of deputy who kneeled on inmate's head ," by the Los Angeles Times' Alene Tchedmedyian: "The activity marks a major development in the case. Sheriff Alex Villanueva has been accused by three high-level executives of trying to keep the March 2021 incident — exposed by The Times earlier this year — under wraps. The incident drew national attention when Villanueva announced that the reporter who wrote the story was under criminal investigation. He quickly took back those remarks."

"Villanueva did not immediately respond to a request for comment."

" San Francisco quietly retreated on contact tracing for monkeypox weeks ago ," by the Mercury News' Gabriel Greschler and Jakob Rodgers: "While the department investigated every known case in the 'early days of the outbreak,'' many of the people interviewed were unwilling or unable to share the names of their partners, according to city health officials. The virus, health officials say, is spreading through skin-to-skin contact primarily during sexual intercourse."

"This made it difficult to contact trace all known cases," the health department stated in an email. "We pivoted our strategy to focusing our case investigation effort to specific groups that might signal something new in the epidemiology. We are currently doing case investigations and contact tracing for youth under 18 years of age; any person who could become pregnant, and people who are pregnant, among others."

Compiled by Sakura Cannestra.

MIXTAPE

— " In Dry California, Salty Water Creeps Into Key Waterways ," by the Associated Press' Kathleen Ronayne.

— " 73-year-old wildfire lookout died at her home in McKinney Fire ," by the San Francisco Chronicle's Michael Cabanatuan and Dominic Fracassa.

— " Bill Calls For California To Issue ID To Any Undocumented Immigrant ," by LAist's Josie Huang.

 

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