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Jim Obergefell, whose lawsuit led to the nationwide legalization of same-sex marriage, says he feels a new urgency and clarity about his role in the LBGTQ community since a leaked Supreme Court draft decision previewed the end of Roe v. Wade.

Why it matters: Obergefell and other advocates fear that beyond abortion rights, overturning Roe could threaten legal protections for same-sex marriage, interracial marriage, contraception and even intimate sexual conduct by consenting adults. 

"My job is to help people understand just how afraid they should be," Obergefell told Axios.

Driving the news: Same-sex marriage has been the law of the land for nearly seven years, since the high court's landmark 2015 ruling in Obergefell v. Hodges.

But some advocates now fear that the interpretation of the 14th Amendment in the court's draft Roe decision could also call into question other rights the court has guaranteed under the 14th Amendment, including same-sex marriage.

What they're saying: Obergefell said he's fielded calls and texts left and right since Politico obtained and published the court's draft opinion.

Some are seeking comfort. He said he told one of his former fellow plaintiffs, "That isn't my job right now."

If Obergefell v. Hodges were overturned, he said, "We'd once again be in a world where the most significant relationship of a person's life—and the protections, the dignity, the rights, everything that come comes with that relationship—can disappear just by crossing a border within our nation."

What's next: Obergefell is running for a seat in Ohio's state legislature, seeking to challenge incumbent GOP state Rep. D.J. Swearingen in a conservative district that includes his hometown of Sandusky. Swearigen won against a Democratic challenger by around 15 points last cycle.

Republicans have a lock on Ohio's state House with a 64-35 majority. 

Obergefell says Pennsylvania's first openly gay state legislator, Brian Sims, now a candidate for lieutenant governor, made him promise he would not immediately say 'no' if people urged him to run for office.

On June 24, Obergefell will attend the grand opening of John Arthur Flats, named for his late husband. It's the first targeted LGBTQ-friendly 55+ senior affordable housing development in Cincinnati. 

"Where some might have left their home and moved to a big coastal city, Jim is an Ohioan to his core, and he’s committed to showing the country that our state can be a welcoming place for all families," Ohio Sen. Sherrod Brown told Axios.

The bottom line: Ann Hippler, Obergefell's older sister, told Axios she and her brother were raised to believe that "you have that right as an American to be able to do things, to have your own life. So I think that's why I think he worked so hard to get laws passed."

Jim Obergefell prepares for another fight

"My job is to help people understand just how afraid they should be."

James "Jim" Obergefell, named plaintiff in the Obergefell v. Hodges case, exits the U.S. Supreme Court in Washington, D.C., U.S., on Monday, June 22, 2015.

James "Jim" Obergefell, named plaintiff in the Obergefell v. Hodges case, exits the U.S. Supreme Court in Washington, D.C., U.S., on Monday, June 22, 2015.  Photo: Drew Angerer/Bloomberg via Getty Images

Supreme Court

Politics & Policy

Axios Sneak Peek

The Jan. 6 committee's decision to issue five major subpoenas Thursday — two targeting potential House Speaker Kevin McCarthy and Judiciary Committee Chairman Jim Jordan — is likely to open a Pandora's box of retaliation.

Why it matters: The GOP was already plotting revenge, and now the minority feels more emboldened than ever, Republican lawmakers tell Axios. Prepare for committee removals, retaliatory subpoenas and even impeachments should the midterms go as polls — and history — predict.

"My view on the committee has not changed," McCarthy told reporters.

"They’re not conducting a legitimate investigation. It seems as though they just want to go after their political opponents," the House minority leader added.

What we're hearing: The members of the Jan. 6 panel feel they had no choice but to issue subpoenas for McCarthy, Jordan (R-Ohio), the current Judiciary ranking member,  and Reps. Andy Biggs (R-Ariz.), Scott Perry (R-Pa.) and Mo Brooks (R-Ala.), given they know things no one else does.

Rep. Adam Schiff (D-Calif.) told reporters: "These are people who participated in the rally, were on the phone with the president, who the president reportedly told to rescind the election and one of whom may have been pursuing pardons for those involved."

"Hard to imagine witnesses with more directly relevant evidence for the committee and more important information for the American people," Schiff added.

While the panelists hope the members comply and testify, they privately acknowledge it's very likely they refuse, Jan. 6 committee aides tell Axios.

What we're watching: It's not uncommon to issue subpoenas against sitting members for ethics matters; it's new territory to do so for a committee investigation.

If McCarthy and his colleagues refuse, it would stymie the committee — and pave the way for Democrats to do the same in the future.

If they do testify, Democrats themselves will be pressured to comply with almost-certain future Republican subpoenas — including on unsavory topics such as Hunter Biden.

The level of any actual cooperation will also set a precedent: If the members come in but stonewall, Democrats will surely reciprocate if they're put in the hot seat.

Between the lines: There's no clear path to ensuring the subpoenaed lawmakers comply.

The committee has previously voted to hold past witnesses, including former Trump chief of staff Mark Meadows, Steve Bannon and former trade adviser Peter Navarro, in contempt.

Doing so would force the Justice Department to get involved, an extreme move putting Attorney General Merrick Garland in a very difficult spot.

The DOJ is a nonpartisan entity separate from the work of the legislative branch, and the AG's involvement in the committee's work would risk being seen as politicizing the department.

The panel could also refer members who refuse to comply to the House Ethics Committee, but doing so would be a toothless exercise given Republicans would block it.

What they're saying: Committee members who spoke to Axios were extremely reticent to show their hand.

“I’m not going to get into what happens. … We expect them to comply,” said Rep. Zoe Lofgren (D-Calif.).

“We’re not there yet,” said Rep. Pete Aguilar (D-California). “Today is just about making public where we are. We'll turn the page tomorrow, and we'll focus on what's ahead.”

Several of the subpoenaed members responded by trashing the committee as illegitimate, though, notably, none ruled out compliance.

Several members also warned Republicans against any attempt to fight the subpoenas, stating they would comply if the roles were reversed.

“I just keep putting myself in the shoes of people who received subpoenas,” said Rep. Jamie Raskin (D-Md.).

“Flip over all the parties; … if I had information about a presidentially-inspired violent assault and attempted coup, … I would think twice before categorically rejecting my participation in an investigation into those events.”

House Majority Leader Steny Hoyer told reporters: “If [Republicans] want to subpoena me at some point in time in the future, I would go in and I would tell the truth."

Jan. 6 committee opens a Pandora’s box of retaliation

"They’re not conducting a legitimate investigation," Kevin McCarthy told reporters.

Jan. 6

The Jan. 6 committee&#x27;s decision to issue five major subpoenas Thursday — two targeting potential House Speaker Kevin McCarthy and Judiciary Committee Chairman Jim Jordan — is likely to open a Pandora&#x27;s box of retaliation.Why it matters: The GOP was <a class="gtmContentClick" data-vars-link-text="already" data-vars-click-url="https://link.axios.com/click/27695068.61290/aHR0cHM6Ly93d3cuYXhpb3MuY29tLzIwMjEvMTIvMTkvcmVwdWJsaWNhbnMtYmlkZW4tcHJvYmVzLWhvdXNlLW1ham9yaXR5P3V0bV9zb3VyY2U9bmV3c2xldHRlciZ1dG1fbWVkaXVtPWVtYWlsJnV0bV9jYW1wYWlnbj1uZXdzbGV0dGVyX2F4aW9zcG0mc3RyZWFtPXRvcA/58bd655299964a886b8b4b2cB7e21a99a" data-vars-content-id="0bd7bb4e-74d5-4a8b-8234-531217b11722" data-vars-headline="Jan. 6 committee opens a Pandora’s box of retaliation" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://link.axios.com/click/27695068.61290/aHR0cHM6Ly93d3cuYXhpb3MuY29tLzIwMjEvMTIvMTkvcmVwdWJsaWNhbnMtYmlkZW4tcHJvYmVzLWhvdXNlLW1ham9yaXR5P3V0bV9zb3VyY2U9bmV3c2xldHRlciZ1dG1fbWVkaXVtPWVtYWlsJnV0bV9jYW1wYWlnbj1uZXdzbGV0dGVyX2F4aW9zcG0mc3RyZWFtPXRvcA/58bd655299964a886b8b4b2cB7e21a99a" target="_blank">already</a> <a class="gtmContentClick" data-vars-link-text="plotting" data-vars-click-url="https://link.axios.com/click/27695068.61290/aHR0cHM6Ly93d3cuYXhpb3MuY29tLzIwMjIvMDEvMTMvbWNjYXJ0aHlzLXBsb3QtdG8tYnVpbGQtdGhlLWhvdXNlLW9mLXRydW1wP3V0bV9zb3VyY2U9bmV3c2xldHRlciZ1dG1fbWVkaXVtPWVtYWlsJnV0bV9jYW1wYWlnbj1uZXdzbGV0dGVyX2F4aW9zcG0mc3RyZWFtPXRvcA/58bd655299964a886b8b4b2cB12cd69b0" data-vars-content-id="0bd7bb4e-74d5-4a8b-8234-531217b11722" data-vars-headline="Jan. 6 committee opens a Pandora’s box of retaliation" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://link.axios.com/click/27695068.61290/aHR0cHM6Ly93d3cuYXhpb3MuY29tLzIwMjIvMDEvMTMvbWNjYXJ0aHlzLXBsb3QtdG8tYnVpbGQtdGhlLWhvdXNlLW9mLXRydW1wP3V0bV9zb3VyY2U9bmV3c2xldHRlciZ1dG1fbWVkaXVtPWVtYWlsJnV0bV9jYW1wYWlnbj1uZXdzbGV0dGVyX2F4aW9zcG0mc3RyZWFtPXRvcA/58bd655299964a886b8b4b2cB12cd69b0" target="_blank">plotting</a> <a class="gtmContentClick" data-vars-link-text="revenge" data-vars-click-url="https://link.axios.com/click/27695068.61290/aHR0cHM6Ly93d3cuYXhpb3MuY29tLzIwMjIvMDMvMDEvaG91c2UtZ29wLWludmVzdGlnYXRpb25zLWh1bnRlci1iaWRlbi1jb3ZpZD91dG1fc291cmNlPW5ld3NsZXR0ZXImdXRtX21lZGl1bT1lbWFpbCZ1dG1fY2FtcGFpZ249bmV3c2xldHRlcl9heGlvc3BtJnN0cmVhbT10b3A/58bd655299964a886b8b4b2cB70677ac9" data-vars-content-id="0bd7bb4e-74d5-4a8b-8234-531217b11722" data-vars-headline="Jan. 6 committee opens a Pandora’s box of retaliation" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://link.axios.com/click/27695068.61290/aHR0cHM6Ly93d3cuYXhpb3MuY29tLzIwMjIvMDMvMDEvaG91c2UtZ29wLWludmVzdGlnYXRpb25zLWh1bnRlci1iaWRlbi1jb3ZpZD91dG1fc291cmNlPW5ld3NsZXR0ZXImdXRtX21lZGl1bT1lbWFpbCZ1dG1fY2FtcGFpZ249bmV3c2xldHRlcl9heGlvc3BtJnN0cmVhbT10b3A/58bd655299964a886b8b4b2cB70677ac9" target="_blank">revenge</a>, and now the minority feels more emboldened than ever, Republican lawmakers tell Axios. Prepare for committee removals, retaliatory subpoenas and even impeachments should the midterms go as polls — and history — predict.

White House officials told Democratic senators they’re committed to resolving the uncertainty the solar industry is facing because of an investigation into whether China is secretly manufacturing solar panels destined for U.S. markets, Axios has learned.

Why it matters: The Biden administration is trying to mitigate political fallout of its own making. It erupted after the Commerce Department announced an investigation into whether Chinese companies are circumventing U.S. tariffs.

The investigation, requested by Auxin Solar, an American solar manufacturer, has effectively frozen big solar panel installation projects — outraging congressional Democrats.

They're concerned the threat of retroactive tariffs will prevent big solar projects from taking off, slowing efforts to combat climate change.

What they're saying: "They needed to resolve this yesterday," Sen. Sheldon Whitehouse (D-R.I.) told Axios.

"Other than a general sense of quote-unquote 'urgency,' they didn't give a timeline," he said.

Sen. Brian Schatz (D-Hawaii) said, "It was a good conversation, but nothing is resolved yet."

White House deputy press secretary Andrew Bates told Axios, “Solar industry representatives and advocates have communicated these concerns to us, and we are reviewing our options, consistent with requirements about independence of such investigations.”

Driving the news: National Economic Council director Brian Deese, White House director of legislative affairs Louisa Terrell, and White House deputy national climate adviser Ali Zaidi held a call with nine senators on Tuesday.

The call itself signaled the White House recognized the seriousness of the issue.

The officials told the senators they see the crisis facing the solar industry as a core issue of energy and economic security, as well as a supply chain issue.

Sens. Jacky Rosen (D-Nev.), Martin Heinrich (D-N.M.), Kyrsten Sinema (D-Ariz.), Catherine Cortez Masto (D-Nev.), Mark Kelly (D-Ariz.), Michael Bennet (D-Colo.) and Tom Carper (D-Del.) were also on the call.

Between the lines: Earlier this month, a bipartisan group of 22 senators wrote to President Biden, urging him to expedite the investigation and bring it to a swift conclusion.

About 60 House lawmakers were preparing to send a similar letter on Tuesday.

Most solar-panel imports have been halted, leading to more than 300 solar projects being delayed or canceled, according to the Solar Energy Industries Association survey of more than 700 companies.

The delays collectively threatened the Biden administration’s renewable energy goals.

The big picture: The Commerce Department began its investigation on March 25 after Auxin Solar filed a petition requesting an inquiry into whether China was circumventing tariffs.

“My hands are very tied here,” Commerce Secretary Gina Raimondo said during a Senate Commerce Committee hearing.

“I’m required by statute to investigate a claim that companies operating in other countries are trying to circumvent the duties, and I’m required by statute to have a fulsome investigation.”

The other side: “If you support efforts to combat climate change, you should applaud Commerce’s efforts to enforce U.S. trade law and level the playing field for U.S. solar manufacturers fighting against unfair trade practices by China,” said Nick Iacovella, senior vice president of communications for the Coalition for a Prosperous America.

The trade association represents U.S. manufacturers and workers and backs the Auxin investigation.

What to watch: As it stands, components substantially transformed by companies in Cambodia, Thailand, Malaysia and Vietnam — but originally from China — are not subject to the tariffs.

If the Commerce Department were to determine the panels were not "substantially transformed," they could be slapped with tariffs up to 250%.

Scoop: White House tries to soothe solar probe fallout

The Biden administration is trying to mitigate political fallout of its own making.

Illustration of a worker installing a solar panel in the shape of a question mark on a roof. 

Climate change

White House officials told Democratic senators they’re committed to resolving the uncertainty the solar industry is facing because of an investigation into whether China is secretly manufacturing solar panels destined for U.S. markets, Axios has learned.Why it matters: The Biden administration is trying to mitigate political fallout of its own making. It erupted after the Commerce Department announced an investigation into whether Chinese companies are circumventing U.S. tariffs.

The U.S. government is bracing for a potential surge in political violence once the Supreme Court hands down the ruling that's expected to overturn Roe v. Wade, according to a Department of Homeland Security memo obtained by Axios.

The big picture: Law enforcement agencies are investigating social-media threats to burn down or storm the Supreme Court building and murder justices and their clerks, as well as attacks targeting places of worship and abortion clinics.

Details: The unclassified May 13 memo by DHS' intelligence arm says threats that followed the leak of a draft opinion — targeting Supreme Court Justices, lawmakers and other public officials, as well as clergy and health care providers — "are likely to persist and may increase leading up to and following the issuing of the Court’s official ruling."

Context: Abortion-related violence historically has been driven by anti-abortion extremists.

"Some racially or ethnically motivated violent extremists’ embrace of pro-life narratives may be linked to the perception of wanting to 'save white children' and 'fight white genocide,'" the memo also says.

But the memo warns that this time, extremist acts could come from abortion-rights proponents as well.

But, but, but: "The mere advocacy of political or social positions, political activism, use of strong rhetoric, or generalized philosophic embrace of violent tactics does not constitute domestic violent extremism or illegal activity and is constitutionally protected."

In response to a request for comment from Axios, a DHS spokesperson said the department “is committed to protecting Americans' freedom of speech and other civil rights and civil liberties, including the right to peacefully protest.

"DHS is also committed to working with our partners across every level of government and the private sector to share timely information and intelligence, prevent all forms of violence, and to support law enforcement efforts to keep our communities safe.” 

Between the lines: The Roe decision is flypaper for extremists. The memo, along with communications between government and the private sector, show how multiple agencies are mobilizing to try to get ahead of ahead of civil unrest.

The mass shooting in Buffalo, N.Y., over the weekend has "complicated everything even more," said Jonathan Wackrow, a risk management consultant and a former special agent with the U.S. Secret Service.

"The attack in Buffalo actually has a measured impact on this Roe decision and how people will will react to it," he told Axios. "You see that people are willing to engage in the most violent acts in furtherance of that ideology."

Even before the Supreme Court leak, the Biden administration had made a focus of combatting domestic violent extremism. DHS Secretary Alejandro Mayorkas has called the issue one of the greatest terrorism-related threats to the U.S.

What's next: Across the country, regional fusion centers — state-level hubs for communicating threat-related information — are sounding the alarm.

One memo from a Nevada counterterrorism agency raised concerns about the potential impact of the court decision on the the 2022 midterm elections, and safety of election workers.

A similar Virginia fusion center document flags the possibility of doxing and cyber attacks on abortion facilities, as well as violence from non-abortion-related extremists.

DHS preparing for violence following abortion ruling

Officials are bracing for violence once the ruling is final.

Illustration of caution tape in front of the Supreme Court.

Abortion

The U.S. government is bracing for a potential surge in political violence once the Supreme Court hands down the ruling that&#x27;s expected to overturn Roe v. Wade, according to a Department of Homeland Security memo obtained by Axios.The big picture: Law enforcement agencies are investigating social-media threats to burn down or storm the Supreme Court building and murder justices and their clerks, as well as attacks targeting places of worship and abortion clinics.

Former President Trump is leaning strongly toward endorsing highly controversial Pennsylvania state Sen. Doug Mastriano for governor, according to three sources familiar with his private deliberations.

Why it matters: Mastriano — who was at the Capitol on Jan. 6 — has gone beyond trying to help Trump overturn the 2020 election. He's proposed defying Pennsylvania's popular vote outcome and spoke at an event last month that promoted QAnon conspiracies.

What we're watching: Democrats are salivating because they see him as beatable in a general election even in a political environment that's extremely favorable to Republicans. Leading Democratic candidate Josh Shapiro even ran an ad highlighting Mastriano in the primary contest.

With time running out before Tuesday's primaries, Republicans are panicking about the prospect of such a polarizing candidate with limited appeal leading the ticket and are mounting a last-ditch effort to stop him, as Politico first reported.

Others in the Republican gubernatorial contest include former Rep. Lou Barletta, former U.S. Attorney Bill McSwain and businessman Dave White. 

Flashback: In the 2016 primary, then-candidate Trump won Pennsylvania after his more traditional Republican opponents split the remainder of the GOP vote. 

Between the lines: Trump is worried about his endorsed Senate candidate Dr. Oz losing, according to two sources familiar with the situation, so his endorsement of Mastriano could be a way of hedging his bets on Tuesday.

Republicans are also belatedly panicking over the previously unimaginable prospect that Kathy Barnette could win their party's nomination for the open Senate seat in Pennsylvania, as Axios reported.

Scoop: Trump leans toward endorsing Doug Mastriano for Pa. governor

According to three sources familiar with his private deliberations.

Photo: Paul Weaver/SOPA Images/LightRocket via Getty Images

2022 elections

Former President Trump is leaning strongly toward endorsing highly controversial Pennsylvania state Sen. <a class="gtmContentClick" data-vars-link-text="Doug Mastriano for governor" data-vars-click-url="https://www.axios.com/local/philadelphia/2022/05/10/primary-election-guide-pennsylvania-governor-race" data-vars-content-id="f907a2ef-be34-4ef5-a1a2-3677a9b9d706" data-vars-headline="Scoop: Trump leans toward endorsing Doug Mastriano for Pa. governor" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/local/philadelphia/2022/05/10/primary-election-guide-pennsylvania-governor-race" target="_self">Doug Mastriano for governor</a>, according to three sources familiar with his private deliberations.Why it matters: Mastriano — who was at the Capitol on Jan. 6 — has gone beyond trying to help Trump overturn the 2020 election. He&#x27;s proposed defying Pennsylvania&#x27;s popular vote outcome and spoke at an event last month that <a class="gtmContentClick" data-vars-link-text="promoted QAnon conspiracies" data-vars-click-url="https://www.penncapital-star.com/blog/pa-gop-governor-hopeful-mastriano-campaigned-at-event-promoting-qanon/" data-vars-content-id="f907a2ef-be34-4ef5-a1a2-3677a9b9d706" data-vars-headline="Scoop: Trump leans toward endorsing Doug Mastriano for Pa. governor" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.penncapital-star.com/blog/pa-gop-governor-hopeful-mastriano-campaigned-at-event-promoting-qanon/" target="_blank">promoted QAnon conspiracies</a>.

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Stories

Jim Obergefell prepares for another fight

DHS preparing for violence following abortion ruling

Scoop: White House tries to soothe solar probe fallout

Scoop: Trump leans toward endorsing Doug Mastriano for Pa. governor

Jan. 6 committee opens a Pandora’s box of retaliation