(WASHINGTON) — After announcing their lawsuit last week, the U.S. Department of Justice Tuesday evening filed for an immediate injunction to halt Texas’ enforcement of their restrictive law banning most abortions in the state.

“The State of Texas adopted S.B. 8 to prevent women from exercising their constitutional rights,” the DOJ says in their motion. “This attempt to shield a plainly unconstitutional law from review cannot stand. The United States seeks a temporary restraining order or a preliminary injunction enjoining the enforcement of S.B. 8.”

Department officials wrote that the order “is necessary to protect the constitutional rights of women in Texas and the sovereign interest of the United States in ensuring that its States respect the terms of the national compact,” adding that “it is also necessary to protect federal agencies, employees, and contractors whose lawful actions S.B. 8 purports to prohibit.”

“The United States has the authority and responsibility to ensure that Texas cannot insulate itself from judicial review for its constitutional violations and to protect the important federal interests that S.B. 8 impair,” the DOJ’s motion says.

Attorney General Merrick Garland announced last week that the Justice Department had filed a lawsuit against the state of Texas, challenging its abortion law. The move set up a high-stakes legal battle after the Supreme Court allowed the law to go into effect earlier this month. Garland also said at the time that the DOJ was seeking an immediate court order preventing the enforcement of SB8 in Texas.

The lawsuit accuses Texas lawmakers of enacting the law — which bans physicians from providing abortions after a fetal heartbeat is detected, or as soon as six weeks into a pregnancy, and does not contain exceptions for cases of rape or incest — “in open defiance of the Constitution.”

And in a press conference, Garland said Texas Republicans are crafting a “statutory scheme” through the law “to nullify the Constitution of the United States.”

It’s unclear when the judge might rule on the DOJ’s emergency request.

Copyright © 2021, ABC Audio. All rights reserved.

(SACRAMENTO, Calif.) — California has voted not to recall Gov. Gavin Newsom, according to a projection from ABC News based on exit polls and an analysis of votes.

With 65% of the expected vote reported so far, 66% of electors in Tuesday’s special election are against recalling the Democratic governor.

“I’m humbled and grateful to the millions and millions of Californians that exercise their fundamental right to vote, and express themselves so overwhelmingly by rejecting the division by rejecting the cynicism,” Newsom said late Tuesday night in his victory speech. “By rejecting, so much of the negativity that’s defined our politics in this country over the course of so many years.”

Californians were faced with a two-part question — if they would like to recall Newsom and who they would like to replace him with if he was recalled. Newsom needed more than 50% of voters to vote against recalling him to keep his job as the top executive of the most populous state.

Forty-six candidates were competing to replace him, and while the question is moot, nationally syndicated conservative radio host Larry Elder — the frontrunner going into the election — leads that pack with 44% of the vote currently.

In post-election remarks, Elder conceded the recall was unsuccessful.

“Let’s be gracious in defeat,” Elder said, after he was met with boos when he referenced Newsom by name. “We may have lost the battle, but we are going to win the war.”

This is the fourth time in the nation’s history that voters have had an election to recall their governor, and only one governor has been recalled in the last century. In 2003, Democratic California Gov. Gray Davis, facing extremely low approval ratings, was recalled and replaced with former Gov. Arnold Schwarzenegger.

This time, Republicans have a crowded primary field and, before nationally syndicated conservative radio host Larry Elder’s entrance into the race, the field was without a clear leader.

Former San Diego Mayor Kevin Faulconer was once thought to be the front-runner and is seen as the moderate in the race. Businessman John Cox, who was the GOP’s gubernatorial nominee in 2018, campaigned across the state with a live bear and an 8-foot ball of trash.

Reality star and Olympic gold medalist Caitlyn Jenner entered the recall field, although she spent some time out of the country in Australia, reportedly filming a celebrity edition of a reality show.

Going into the election, numbers appeared to be in the incumbent’s favor, but Newsom still recruited some of the biggest Democratic heavy-hitters to stump for him, including Vice President Kamala Harris and Sens. Elizabeth Warren and Bernie Sanders. President Joe Biden hit the trail with Newsom to close out his campaign in Long Beach, California, on Monday night.

“This is not hyperbole. The eyes of the nation are on California because the decision you’re about to make isn’t just going to have a huge impact on California, it’s going to reverberate around the nation, and quite frankly not a joke around the world,” Biden said Monday.

According to preliminary exit polls, 55% of voters participating in this election approved of how Newsom is handling his job as governor. In 2003, exit polls showed Davis’ approval rating at 26% — a stark difference from how the voters perceive the current governor.

Historically, gubernatorial recalls produce similar vote margins for the governor holding office as they had in their last election, according to recall expert and senior fellow at Wagner College, Joshua Spivak. Gray Davis got 47% of the vote in 2002, and 44% in 2003 when he was recalled. In Wisconsin in 2010, Scott Walker was elected with 52.2% of the vote, and defeated his recall with 53.1%.

In 2018, Newsom won the state with 61.9% of the vote to GOP nominee John Cox’s 38.1%. In 2020, Biden carried with a similar margin, 63.5% of the vote to Trump’s 34.3%.

Democratic voter registration in the Golden State largely outpaces that of both Republicans and independents, putting Newsom at an advantage. So far, Democrats are leading both groups combined when it comes to returning their ballots: Democrats have returned nearly 4.1 million compared to the 3.8 million Republican and independent ballots that have been returned, according Monday data from Political Data Inc.

Democrats have attempted to nationalize the race to increase enthusiasm, warning of lawmaking similar to that of Republican-led states.

Harris, a native of the Bay Area, rallied with Newsom on Thursday and warned of the national consequences the recall could have if it was successful, referencing the recent change in abortion laws in Texas, among other things.

“What’s happening in Texas, what’s happening in Georgia, what’s happening around our country with these policies that are about attacking women’s rights, reproductive rights, voting rights, workers rights, they think if they can win in California they can do this anywhere, but we’re gonna show them they can’t,” Harris said.

In preliminary exit polls, a plurality (31%) of voters said the pandemic was the most important issue facing the Golden State, and Newsom spent the campaign warning voters about potential policy changes surrounding the coronavirus if the recall passed. His team released an ad painting the election as “life or death,” and the governor singled out Elder’s promises that he would immediately end mask mandates and testing for state employees.

Preliminary exit polls also showed support for Newsom’s coronavirus policies. Only about 3 in 10 voters feel that mitigation measures put in place by the governor are too strict, and 7 in 10 support the state requiring students wear masks in schools Additionally, the vast majority of voters feel the pandemic is either getting better (39%) or staying the same (31%), rather than getting worse (24%).

Ahead of the election, Republicans, including former President Donald Trump, were already baselessly raising the alarm about the potential for voter fraud, based on conspiracies about the 2020 election. Trump claimed that the election was “totally rigged,” even though the state has been reliably Democratic for decades, voting against Republican presidential candidates in every election since 1992.

Elder warned of “shenanigans” last week — though he told ABC News Saturday, “So many people are going to vote to have it recalled, I’m not worried about fraud.”

Elder previously said he believed Biden won the 2020 election “fairly and squarely.” But he was encouraging his supporters to call a hotline to report issues of voter fraud for litigation purposes in the recall, saying he fears there will be integrity issues similar to those of the 2020 election — despite there being no widespread evidence of voter fraud in November.

Even before results were released, Elder had a link on his website — which has seemingly since been removed — asking visitors to sign a petition “demanding a special session of the California legislature to investigate and ameliorate the twisted results of this 2021 Recall Election of Governor Gavin Newsom.”

Copyright © 2021, ABC Audio. All rights reserved.

(LOS ANGELES) — As Californians head to the polls to decide on whether they want to recall Gov. Gavin Newsom, and if so, who to replace him with, preliminary data is showing positives for the incumbent.

Just 3 in 10 California voters say Newsom’s pandemic control measures are too strict, countering a key argument in the recall drive against him. And 6 in 10 in preliminary exit poll results rate the Republican Party unfavorably — a challenge for those seeking to unseat the incumbent Democrat.

Still, other preliminary results in the recall election exit poll are less incumbent-friendly: Six in 10 voters call the cost of living in their area “unmanageable,” and the electorate divides evenly in rating the state’s economy positively or negatively, 49-48%.

Helpfully for Newsom — if it holds in later data — 54% of voters in preliminary results say he’s in touch with their concerns. More, 69%, support the state’s student mask mandate. And 63% side with Newsom in seeing vaccination as more of a public health responsibility than a personal choice.

More call the pandemic the state’s top issue than pick any of four other issues offered in the exit poll. Notably, just 24% say the pandemic is getting worse in the state; a plurality of voters, 39%, say it’s improving, with the rest saying it’s staying the same.

While economic discontent can be challenging for incumbents, it’s far from a replay of the recall of Gov. Gray Davis in 2003. Then, a vast 83% rated the state’s economy negatively; accordingly, 71% disapproved of Davis’ performance as governor, clearing the way for Arnold Schwarzenegger to take his seat.

A further difference — to the extent it holds in subsequent data — may be most crucial of all: Democrats outnumber Republicans in these preliminary results by 17 percentage points, 43-26% (with the rest independents and others.) That looks more like the electorate in Newsom’s 2018 election as governor, 46-23%, Democrat-Republican, and less like 2003, a virtually even 39-38%.

In another measure of partisan preferences, more voters see the Democratic Party favorably rather than unfavorably, by 52-43%. While an underwhelming expression of support in itself, that compares with a broadly negative view of the Republican Party, 32-63%, favorable-unfavorable.

In part reflecting those views of the parties, 55% of voters in these preliminary data say they’d be “concerned” or “scared” if Newsom were removed, dividing about evenly between those two options. Fewer, 40%, would be “excited” or “optimistic.”

Approvals

The exit poll asks Newsom’s job approval rating, a result that’s embargoed for release until after the polls close tonight at 8 p.m. Pacific time. In available data, a recent pre-election poll by the Public Policy Institute of California found that 53% of likely voters approved of his work in office. While only mildly positive, that’s a far cry from Davis’ approval in the 2003 recall, a dismal 27%.

For his part, President Joe Biden — who campaigned with Newsom on Monday — has a 56% approval rating in these preliminary results. Biden won the state in 2020 with 63% support, versus 34% for former President Donald Trump. In results so far, 55% say they voted for Biden a year ago, and 32% for Trump.

By contrast, 34% express a favorable opinion of Newsom’s leading challenger, Republican Larry Elder, while 49% see him unfavorably. That makes Elder less of a draw than Schwarzenegger 18 years ago; he had a 50-45% favorable-unfavorable rating.

The California recall election exit poll is being conducted with a mix of telephone interviews with early and absentee voters and in-person interviews with Election Day voters at a sample of polling places today. Results so far, as noted, are preliminary, and can change as additional data come in throughout the night.

COVID-19 pandemic

While pandemic-related attitudes may boost Newsom, so does Centers for Disease Control and Prevention data. California is third-lowest nationally in per-capita weekly COVID-19 cases, tied for the second-lowest death rate and one of only three states plus the District of Columbia to have less than a high level of community transmission. Eighty-four percent of adults in the state have received at least one dose of a vaccine, ranking it in the top-10 states nationally.

That said, the pandemic is hardly the only issue facing California. Preliminarily, 31% cite it as the most important issue among five offered, compared with homelessness, 22%; the economy, 16%; wildfires, 14%; and crime, 8%.

On an additional issue not included in the top-issue list, 60% call climate change a very serious problem for the state and 19% call it somewhat serious. Just 17% don’t think it’s serious.

Voting

Eighty percent of voters in these preliminary results cast their ballot in advance of Election Day, mostly by mail rather than at a drop-off location. Majorities in the preliminary exit poll results report voting by mail across partisan lines — 85% of Democrats, 72% of independents and 62% of Republicans.

If follows that late campaigning can’t have made much of a difference: Eighty-seven percent of voters say they made their choice more than two weeks ago; indeed, 7 in 10 say they decided before August.

Latinos

Notably among groups, Hispanic/Latino voters make up a quarter of the turnout in these early results. That compares with 31% in the 2020 presidential election, but surpasses this group’s share of the electorate in previous midterms in data since 1994 and in the 2003 recall contest alike.

Copyright © 2021, ABC Audio. All rights reserved.