Good morning. It's Thursday. Today we'll look at why a statewide ballot measure to protect reproductive rights may be in trouble. We'll also look at whether two adversaries — Letitia James, the state attorney general, and former Gov. Andrew Cuomo — will end up running against each other for mayor.
Two years after the Supreme Court overturned Roe v. Wade, Vice President Kamala Harris's campaign is trying to transform women in battleground states into an organizing force in the contest against former President Donald Trump. In New York, which regularly elects Democrats to statewide offices, you may think that a ballot measure to protect reproductive rights would pass by a wide margin. As Election Day approaches, volunteers are going door to door. But the measure, known as Proposition 1, has become a target for Republican opponents who see it as an attack on family values. I asked Benjamin Oreskes, a Metro reporter who has followed Proposition 1, to explain why this update to the state's Equal Rights Amendment may be in trouble. What would Proposition 1 do? The push for this constitutional amendment began after the Supreme Court overturned Roe v. Wade, eliminating the constitutional right to abortion, in 2022. The decision led elected officials and activists in New York and other states to try and enshrine these protections, which already existed under state law in New York, in their constitutions. If Proposition 1 passes, the right to an abortion — as well as freedom from discrimination based on disability, gender, sexuality and ethnicity, among other things — will become part of the State Constitution. Supporters say that the change will make it harder to restrict access to those rights if politicians who oppose gay marriage or abortion come to power in New York. Why do opponents say it's constitutional overreach? John Faso, a former Republican congressman who opposes the measure, says that Proposition 1, by enshrining protections around classes like age, could rob parents of the ability to weigh in on their children's health care choices. Other opponents worried that it would affect issues like whether transgender girls can play on girls' high school sports teams. Many voters are apparently unaware of Proposition 1. What are the two sides doing to bring it to their attention? Strategists from both parties say the language in the proposition — which does not explicitly mention abortion — has given opponents a window to try to redefine and perhaps defeat it. The supporters have been knocking on doors in different parts of the state to explain the proposition to voters. Both sides have also been doing events virtually and in person to get their message out there. But neither side has much money to spend, so it remains to be seen how much advertising there will be before voters go to the polls next month. What about Gov. Kathy Hochul? She supports the measure and is trying to alleviate the proponents' money crunch. New Yorkers for Equal Rights, a committee backing Proposition 1, had indicated as recently as late August that it planned to raise $20 million. But filings showed it had just $1.6 million cash on hand at the end of the last quarter, after spending hundreds of thousands on consultants. Hochul has committed to having the state Democratic Party spend more than $1 million on behalf of Proposition 1. The money would go to advertising and direct mail, among other efforts. Do you expect a late-stage advertising blitz against Proposition 1 from a Republican like Ronald Lauder, who could afford to underwrite such a campaign? The New York political world has been watching closely to see if someone like Lauder would spend money to tank the measure. In 2021, shortly before the election, he poured $3 million into the opposition campaigns of three proposed constitutional amendments, which were defeated. Both sides agree that Proposition 1 would be vulnerable if someone were to spend the money. But a representative for Lauder told us that he had decided against weighing in on Proposition 1. Opponents like Representative Anthony D'Esposito say Proposition 1 would force the state to fund "experimental surgeries on children without parental consent." What is he referring to? D'Esposito appears to be referencing a talking point from opponents of the measure who say that Proposition 1 would rob parents of the ability to have a say in their kids' access to gender-affirming care. There's no evidence that the measure, as written, would prompt the state to pay for surgeries or change rules for parental consent concerning their children's health care. Opponents also fear that this amendment would allow children to compete on sports teams that align with their gender identity. Supporters of the measure note that state law already allows that — and, as Katharine Bodde, co-director of policy for the New York Civil Liberties Union, put it, "The sky has not fallen." She called the opponents' arguments "fearmongering." WEATHER Expect a sunny day, with temperatures in the high 60s. Tonight, the sky will be mostly clear, with temperatures in the low 50s. ALTERNATE-SIDE PARKING In effect until Oct. 12 (Yom Kippur). The latest New York news
We hope you've enjoyed this newsletter, which is made possible through subscriber support. Subscribe to The New York Times. Letitia James vs. Andrew Cuomo for mayor?
With Mayor Eric Adams's future in doubt, former Gov. Andrew Cuomo and his adversary Letitia James, the state attorney general, could find themselves in a battle for the city's top job. My colleagues Jeffery C. Mays and Emma Fitzsimmons write that James is weighing a potential candidacy. People who have spoken with her say she sees it as a way to help the city move past the crisis that has unfolded around Adams. She has not made a decision on running and is not expected to do so soon. Some people who are close to her say she is ambivalent if not reluctant. But those urging her to run say the calculus could change if someone else throws his hat in the ring: Andrew Cuomo, the former governor she helped push out of office amid a scandal involving claims of sexual harassment. Delaney Kempner, a spokeswoman for James, declined to comment on whether she might run. James and Cuomo are not among the four Democrats who have already said they plan to challenge Adams in the primary next year. There are indications that some of them might consider stepping aside to give her a clearer route to victory. Cuomo, who seems eager to find the right spot to try for a comeback, has given speeches in Black churches and to Jewish groups, lamenting what he has called the city's decline. And his team has commissioned polls to gauge whether voters now see him favorably, three years after he resigned as governor. A matchup between James and Cuomo could be acrimonious. Cuomo blames her for his downfall. In 2022 he filed a state ethics complaint against her that said she deliberately mishandled the investigation of sexual harassment allegations against him. He now appears ready for a fight. His spokesman, Rich Azzopardi, questioned James's record and suggested that Gov. Kathy Hochul was behind the push to persuade James to run for mayor. "Hochul is clearly trying to manipulate the situation to avoid Tish James running against her for governor, and based on her poll numbers, I get it," Azzopardi said in a statement. "At this rate, Trump could run against her and win." Anthony Hogrebe, a spokesman for Hochul, declined to respond to the Cuomo team's comments. METROPOLITAN DIARY Pasture raised
Dear Diary: I was at a business lunch at a well-regarded restaurant near Union Square. I asked the waiter if the beef on the menu was pasture raised. He said he would check with the chef. He returned a few minutes later. "The chef says you can't pasteurize a whole cow," he said. "You can only pasteurize its milk." — Wendy Schmalz Illustrated by Agnes Lee. Send submissions here and read more Metropolitan Diary here. Glad we could get together here. See you tomorrow. — J.B. P.S. Here's today's Mini Crossword and Spelling Bee. You can find all our puzzles here. Hannah Fidelman and Ed Shanahan contributed to New York Today. You can reach the team at nytoday@nytimes.com. Sign up here to get this newsletter in your inbox.
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N.Y. Today: A reproductive rights measure in trouble
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