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No halt to culture wars during outbreak

WASHINGTON (AP) — A partisan fight over voting in Wisconsin was the first issue linked to the coronavirus to make it to the Supreme Court. Efforts to limit abortion during the pandemic could eventually land in the justices’ hands. Disputes over guns and religious freedom also are popping up around the country.

The virus outbreak has put much of American life on hold, but the nation’s culture wars seem immune from the pandemic.

And in a country deeply divided over politics, some liberals are accusing conservatives of using this crisis to advance long-held goals, especially in the areas of access to abortion and the ballot box. Conservatives have complained about restrictions on church services and gun shops.

“We see the right as being very opportunistic to advance their agenda,” said Marge Baker, executive vice president of the liberal People for the American Way.

Tim Schmidt, founder and president of the gun-rights U.S. Concealed Carry Association, called restrictions on gun sales “a knee-jerk response to something we don’t quite understand. I hope and pray it doesn’t happen but that’s what I fear,” he said in a recent online forum.

The clash over Tuesday’s election in Wisconsin is just one fight sparked by the coronavirus. Ultimately, conservative majorities on both the high court and Wisconsin Supreme Court broke with more liberal colleagues to reject Democratic efforts to delay the vote and extend absentee balloting. The rulings signal an approaching season of bitter election-related litigation, said University of California at Irvine law professor Richard Hasen.

“It is a very bad sign for November that the Court could not come together and find some form of compromise here in the midst of a global pandemic unlike anything we have seen in our lifetimes,” Hasen wrote about the U.S. Supreme Court justices on his Election Law blog.

“And it does not look like the courts are going to be able to do any better than the politicians in finding common ground on election principles,” he added.

Already, presumptive Democratic presidential nominee Joe Biden has said the country should be looking “to all-mail ballots across the board” because of the pandemic. But President Donald Trump has weighed in strongly against voting by mail, even though he himself casts absentee ballots and Republicans have often favored mail-in ballots especially for older people.

More fights over elections may be ahead, but the pandemic has already led to clashes in multiple states over abortion access. In Republican-led Alabama, Iowa, Ohio, Oklahoma and Texas, governors sought to prohibit almost all abortions by classifying them as elective procedures that should be put off during the virus outbreak.

Those efforts have, so far, been mostly blocked. In Iowa, the American Civil Liberties Union and the state reached an agreement that allows women to obtain “essential” surgical abortions. Federal court rulings have allowed abortions to continue in Alabama, Ohio and Oklahoma.

But not so in Texas, where the 5th U.S. Circuit Court of Appeals in New Orleans held 2-1 Tuesday that the state’s restrictions on abortions could remain in place during the pandemic. U.S. Circuit Judge Kyle Duncan, a Trump appointee, wrote for the court that the epidemic justified “emergency measures that curtail constitutional rights so long as the measures have at least some ‘real or substantial relation’ to the public health crisis.”

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