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2023

https://www.hydesmith.senate.gov/sites/default/files/2023-05/050523%20Pharmacy%20Chemical%20Abortion%20Letters%20CVS%20Walgreens%20Rite%20Aid%20%281%29.pdf

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... In a letter sent to CVS (among other pharmacy chains), Mississippi Republican Senator Cindy Hyde-Smith and eight other Republican senators (Lankford, Daines, Braun, Rubio, Marshall, Risch, Crapo and Blackburn) wrote that the Biden interpretation (and that of Congress in 1955, 1958, 1971, and 1994) is wrong.

They explicitly asserted that the Comstock Act is still in effect and they want it enforced:

“We write to express our support and agreement with 21 [Republican] State Attorneys General,” they wrote “who have reminded you that Federal law in 18 U.S.C. 1461-1462 [the Comstock Act] criminalizes nationwide using the mail, or interstate shipment by any express company or common carrier, to send or receive any drug that is ‘designed, adapted, or intended for producing abortion.’”

The 1930 court ruling that lawmakers and judges had, for over 90 years, believed only applied the Comstock Act to items that were illegal (like child porn), Senator Hide-Smith wrote:

“[D]oes not protect CVS or any other individual or entity from being prosecuted within the five-year statute of limitations for the illegal mailing or interstate shipment of abortion drugs … even for conduct that occurs today.”

Keep in mind, under the plain language of the Comstock Act this could also apply to birth control pills, IUDs, and other things used to prevent pregnancy. And, of course, pornography and “masturbation devices” like vibrators.

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you’ve probably never heard of Anthony Comstock, a Civil War Union soldier and New York Postmaster, who died in 1915. You need to learn about him and his legacy, however, as his long fingers are about to reach up out of the grave and wrap themselves around the necks of every American woman of childbearing years.

Anthony Comstock was a mama’s boy who hated sex. His mother died when he was 10 years old and the shock apparently never left him; women who didn’t live up to her ideal were his open and declared enemies, as were pornography, masturbation, and abortion. He was so ignorant of sex and reproduction that he believed a visible human-like fetus developed “within seconds” of sexual intercourse.

Comstock spent decades scouring the country collecting pornography, which he enthusiastically shared with men in Congress, and harassing “loose women.” For example, when he visited a belly-dancing show (then a new craze) in Chicago at the Cairo Theatre during the World’s Fair of 1893, he demanded the show be shut down.

As Amy Sohn, who wrote a brilliant Comstock biography titled The Man Who Hated Women, noted:

“Despite national controversy and Comstock’s intervention, ultimately the only alteration made to the fair’s belly dancing was costuming: the dancers swapped their gauze blouses for thin woolen undershirts. The vice hunter had lost in Chicago. But he would not forget the dancers, and would have four of them arrested and fined when they came to New York that winter. New York, after all, was Comstockland.”

Comstock lobbied for and shepherded through Congress a law passed on March 3, 1873 titled “An Act for the Suppression of Trade in, and Circulation of, obscene Literature and Articles of immoral Use.” Today we refer to it as the Comstock Act.

Its language with regard to abortion is not at all ambiguous:

“Every obscene, lewd, lascivious, indecent, filthy or vile article, matter, thing, device, or substance … designed, adapted, or intended for producing abortion, or for any indecent or immoral use; and

“Every article, instrument, substance, drug, medicine, or thing which is advertised or described in a manner calculated to lead another to use or apply it for producing abortion, or for any indecent or immoral purpose; and

“Every written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, or how, or from whom, or by what means any of such mentioned matters, articles, or things may be obtained or made, or where or by whom any act or operation of any kind for the procuring or producing of abortion will be done or performed, or how or by what means abortion may be produced, whether sealed or unsealed; and

“Every paper, writing, advertisement, or representation that any article, instrument, substance, drug, medicine, or thing may, or can, be used or applied for producing abortion, or for any indecent or immoral purpose; and

“Every description calculated to induce or incite a person to so use or apply any such article, instrument, substance, drug, medicine, or thing—

“Is declared to be nonmailable matter and shall not be conveyed in the mails or delivered from any post office or by any letter carrier.” (emphasis mine)

The penalty is also not ambiguous. Persons mailing information about abortion, or drugs or devices to produce an abortion:

“[S]hall be fined under this title or imprisoned not more than five years, or both, for the first such offense, and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter.”

The Biden administration argues that the Comstock Act of 1873 was set aside almost a century ago.

And, indeed, in 1930, the Appeals Court for the Second Circuit ruled in Youngs Rubber Corp. v. C.I. Lee & Co that the law couldn’t apply to things sent through the mail that are legal, even if they were illegal at the time of the passage of the Comstock Act. (The case involved condoms manufactured by Youngs Rubber.)

“Such a construction,” the court wrote, “would prevent mailing to or by a physician of any drug or mechanical device ‘adapted’ for contraceptive or abortifacient uses, although the physician desired to use or to prescribe it for proper medical purposes.”

The law has been amended by Congress four times (in 1955, 1958, 1971, and 1994), but the language above was never struck because legislators figured the appeals court’s ruling rendered it nugatory.

But don’t tell that to Trump’s appointee Texas District Judge Matthew Kacsmaryk of Amarillo, who ruled last month that Mifepristone was to be banned nationwide: he based a large part of his decision on the plain language of the Comstock Act.

And don’t tell it to the three rightwing judges hearing an appeal this week of Kacsmaryk’s decision before the Fifth Circuit Court of Appeals.

When the Biden administration’s attorney argued that Kacsmaryk’s decision was “unprecedented,”Circuit Judge James Ho — also a Trump appointee, who personally swore his good friend Kacsmaryk into his office — interrupted her with a curt snap, saying:

“I guess I’m just wondering why not just focus on the facts of this case rather than have this sort of ‘FDA can do no wrong’ theme.”

The appeals court, made up of a George W. Bush appointee and two Trump appointees, earlier had ruled in their preliminary finding to hear the case that they disagreed with the Biden administration’s assertion that, to quote the three judges, “the [Comstock] law does not mean what it says it means.”

When the Biden interpretation of the Comstock Act was brought up in oral arguments, the Bush appointee, Judge Jennifer Walker Elrod, said there is “some disagreement” about whether previous court rulings actually invalidated the law.

Republican members of Congress agree, and want the Comstock Act enforced nationwide.

In a letter sent to CVS(among other pharmacy chains), Mississippi Republican Senator Cindy Hyde-Smith and eight other Republican senators (Lankford, Daines, Braun, Rubio, Marshall, Risch, Crapo and Blackburn) wrote that the Biden interpretation (and that of Congress in 1955, 1958, 1971, and 1994) is wrong.

“We write to express our support and agreement with 21 State Attorneys General,” they wrote “who have reminded you that Federal law in 18 U.S.C. 1461-1462 [the Comstock Act] criminalizes nationwide using the mail, or interstate shipment by any express company or common carrier, to send or receive any drug that is ‘designed, adapted, or intended for producing abortion.’”

The 1930 court ruling that lawmakers and judges had, for over 90 years, believed only applied the Comstock Act to items that were illegal (like child porn), she wrote:

“[D]oes not protect CVS or any other individual or entity from being prosecuted within the five-year statute of limitations for the illegal mailing or interstate shipment of abortion drugs … even for conduct that occurs today.”

The lawyer for Republicans defending Kacsmaryk’s ruling before the Fifth Circuit, Erin Hawley (the wife of Missouri Republican Senator Josh Hawley), went so far as to assert before the court that even physicians and pharmacies shouldn’t be able to receive Mifipristone or other drugs that could produce an abortion via the mail, FedEx, or UPS:

“What the Comstock law says is that it is improper to mail things that induce or cause abortions, which is precisely the action the FDA took in 2021 when it permitted the mailing of abortion drugs.”

If Hawley’s interpretation is ultimately adopted by the Supreme Court, all abortions in the United States would be ended when drugs and suction and surgical devices designed specifically for the procedure can no longer be shipped to hospitals, clinics, or physicians’ offices.

And this is no idle threat.

Given how all three judges on the Fifth Circuit reacted to this week’s arguments, most court observers believe they’ll vote to sustain Judge Kacsmaryk’s ruling and ban Mifipristone nationwide, perhaps even outlawing its legal shipment to pharmacies for other uses like helping with incomplete miscarriages.

Other drugs and surgical devices used for abortions are almost certainly next.

As Washington Post reporter Dan Diamond wrote for his Substack newsletter, anti-abortion activist Mark Lee Dickson, who’s helped several cities around the country put into law local versions of the Comstock Act, told him:

“If a future president were to enforce these federal statutes, then they could shut down every abortion facility in America.”

Such a ruling by the Fifth Circuit will kick the whole mess up to the Supreme Court, where six hardcore rightwing Catholics (Gorsuch attends his wife’s church but was raised Catholic) are gleefully rubbing their hands in anticipation.

This battle promises to be long and hard-fought, and if the Supreme Court rules in favor of the Fifth Circuit’s anticipated decision the only solution will be for Congress to overturn the Comstock Act itself.

And that’s unlikely to happen unless or until Democrats can take back the House, hold the White House, and gain a filibuster-proof majority in the Senate in the 2024 election. The stakes couldn’t be higher.

Several states are now stockpiling Mifipristone in anticipation of just such a dystopian outcome. Families with women and girls of childbearing age may want to do the same.

Forewarned is forearmed.

FROM YOUR SITE ARTICLES

President Joe Biden should 'forcefully resist' TX judge’s 'medically unsound' abortion pill ruling: columnist ›

Texas judge overseeing abortion pill case filed by Josh Hawley's wife donated to his Senate campaign: report ›

The abortion pill, abortion bans and Republican policies that kill ›

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Cindy Hyde-Smith - Wikipedia

Cindy Hyde-Smith (née Hyde; born May 10, 1959)^[1] is an American politician and lobbyist serving since 2018 as the junior United States senator from Mississippi.^[2] A member of the Republican Party, she served from 2012 to 2018 as the Mississippi Commissioner of Agriculture and Commerce and from 2000 to 2012 in the Mississippi State Senate.

Born in Brookhaven, Mississippi, Hyde-Smith is a graduate of Copiah–Lincoln Community College and the University of Southern Mississippi. In 1999, she was elected to the Mississippi State Senate as a Democrat. She represented the 39th district from 2000 to 2012. In 2010, Hyde-Smith switched parties and became a Republican, citing her conservative beliefs.^[3] Hyde-Smith was elected Mississippi agriculture commissioner in 2011; she is the first woman to be elected to that office, and she was reelected in 2015.

On March 21, 2018, Governor Phil Bryant announced his intention to appoint Hyde-Smith to the United States Senate seat being vacated due to the resignation of Thad Cochran.^[4] Hyde-Smith was sworn into office on April 9, 2018. She is the first woman to represent Mississippi in Congress.^[5] Hyde-Smith won the 2018 special election for the remainder of Cochran's term, and was reelected in 2020.

Early life

Hyde-Smith was born in Brookhaven, Mississippi, the daughter of Lorraine Hyde and Luther Hyde, and grew up in Monticello, Mississippi.^[1] She attended Lawrence County Academy in Monticello, a segregation academy established in response to Supreme Court rulings ordering the desegregation of public schools.^[6] The school's team nickname was the Rebels; the mascot was a "Col. Reb" who carried a Confederate flag.^[6][7][8][9]

Hyde-Smith graduated from Copiah–Lincoln Community College with an Associate of Arts (AA) and the University of Southern Mississippi with a Bachelor of Arts (BA) in criminal justice and political science.^[10] She is one of the few U.S. senators who attended community college. After her studies, she worked as a lobbyist for the Southern Coalition for Safer Highways and National Coalition for Healthcare, with offices in Washington, D.C., and San Francisco.^[11][12] She served as the state director for Mississippi, Louisiana, and Tennessee during her time with the National Coalition for Healthcare, which advocated nationwide healthcare coverage.^[13]

Mississippi Senate

Hyde-Smith was a member of the Mississippi Senate, representing the 39th District from 2000 to 2012. For part of her tenure, she chaired the Senate Agriculture Committee, which led her Senate colleagues to encourage her to run for Mississippi Commissioner of Agriculture and Commerce.^[14][15] She had a conservative voting record in the state Senate.^[16] During her time in the state Senate, 79 of her bills became law.^[17] She supported measures to collect DNA samples from people in custody of the Department of Corrections and authored a bill to ban most abortions after 12 weeks. After the abortion restriction bill passed and was signed by then-Governor Haley Barbour, it was overturned in federal court.

On the Senate Agriculture Committee, Hyde-Smith also helped manage the fallout from a controversial beef plant that defaulted on a $55 million state loan. The state sued firms involved in the construction of a 400-employee plant in Yalobusha County that closed three months after it opened, in August 2004. The state eventually settled with the plant owners for $4 million.^[18]

In 2001, Hyde-Smith introduced legislation to name a portion of Highway 51 for Jefferson Davis, the president of the Confederacy, who had no ties to the area. The bill died in committee. Hyde-Smith also voted for resolutions honoring civil rights leader Medgar Evers, the Freedom Riders and Hiram Rhodes Revels, who, through legislative appointment during Reconstruction, became the first African American to represent Mississippi in the U.S. Senate.^[19]

In 2009, Hyde-Smith led an effort to override Barbour's veto of a bill that sought to restrict the power of eminent domain to public use, thereby prohibiting eminent domain for private economic purposes. The bill passed the state House 119-3^[20] and the state Senate unanimously.^[21] Barbour vetoed the bill on the grounds that the restriction could harm the state's business climate. The legislature attempted to override his veto but was unsuccessful. In the House, the override vote was successful with a 101–19 vote,^[22] but it failed in the Senate, 28–22.^[23] Hyde-Smith was critical of senators who switched their vote after the veto, saying, "Not only could you never come to this podium again and say 'I protect private property rights', you're still gonna have to say 'I changed my vote to vote against private property rights'."^[24]

On December 28, 2010, Hyde-Smith announced that she had switched her party affiliation from Democratic to Republican.^[10][25] Her switch made the Senate equally divided between Republicans and Democrats, with each party holding 26 seats.^[16]

Elections

Hyde-Smith first sought election to the Mississippi Senate in 1999, as she concluded her career as a lobbyist and transitioned back to the state. She returned to Mississippi, gave birth to her daughter, and qualified to run for state Senate all in one year.^[15] Her opponent in the 1999 Mississippi Senate Democratic primary was 20-year incumbent W. L. Rayborn. She perceived that Rayborn prioritized his personal interests over his district's and had supported his opponents in the previous two elections. During the campaign, Hyde-Smith refused to criticize him or target specific issues. Rayborn was known for a pet cause—allowing non-dentists to make false teeth. A denturist without a dental degree, he showed up to the Capitol a few days each session adorned with buttons and stickers promoting his bill "The Freedom of Choice Dentures Act." In 1999, his last year in office, it died in committee.^[26] Hyde-Smith defeated Rayborn in the Democratic primary and Republican Helen Price and independent Frank Greer in the general election, with 75.36% of the vote.^[27]

In the 2003 Democratic primary, Rayborn challenged Hyde-Smith in the newly redrawn state Senate District 39 and lost, 65.47% to 34.53%.^[28] Hyde-Smith was unopposed in the general election.

In 2007, Hyde-Smith was unopposed in the Senate District 39 Democratic primary. In the general election, she defeated Republican Edwin V. Case with 79.45% of the vote. This was her last election in the Senate district.^[29]

Mississippi Commissioner of Agriculture and Commerce

Smith as Commissioner of Agriculture and Commerce

In January 2011, Hyde-Smith announced her candidacy for Mississippi's commissioner of agriculture and commerce.^[30] She won the Republican nomination in August^[31] and the general election in November, defeating Democratic nominee Joel Gill, to become the first woman to win this position.^[32] She took office on January 5, 2012.^[33]

In June 2012, in response to a massive infestation of plant bugs in cotton farms throughout the Mississippi Delta (which had caused approximately $81 million in damages), Hyde-Smith said that the U.S. Environmental Protection Agency had approved an emergency exemption to help farmers exterminate the bugs.^[34]

In January 2013, Hyde-Smith successfully pushed for legislation to help fund a big renovation project for the Mississippi Coliseum.^[35] In December 2013, she received a Service Award from the Mississippi Farm Bureau Federation for the project.^[36]

Hyde-Smith was reelected in 2015, defeating Democratic nominee Addie Lee Green by over twenty points.^[37] She was sworn in for her second term on January 7, 2016.^[38] In April 2016, Hyde-Smith announced that the Mississippi Department of Agriculture would be accepting proposals for both the Specialty Crop Block Grant Program and the Federal-State Marketing Improvement Program for the year's federal budget.^[39]

U.S. Senate

Vice President Mike Pence swears in Smith at the Old Senate Chamber in 2018

Appointment

On March 21, 2018, Governor Phil Bryant announced Hyde-Smith as his choice to fill the United States Senate seat held by Thad Cochran, who indicated he would resign the seat due to health issues.^[40] Cochran resigned on April 1, and Bryant formally appointed Hyde-Smith on April 2.^[2] Hyde-Smith became the first woman to represent Mississippi in the United States Congress.^[41] The Senate was in a district work period and was not conducting legislative business at that time, so she did not take the oath of office until the Senate reconvened for legislative business on April 9.^[42] At her ceremonial swearing in, Hyde-Smith was accompanied by her husband, Michael, and U.S. Senators Roger Wicker, Orrin Hatch, Lamar Alexander, Chuck Schumer, and Susan Collins.^[41] Hyde-Smith announced that she would seek election to the seat in the 2018 special election on November 6.^[43]

Elections

2018 special election

Main article: 2018 United States Senate special election in Mississippi

The Trump administration reportedly did not support Hyde-Smith's Senate appointment because of her history as a Democrat,^[44][45] but in August 2018, Trump endorsed her for election.^[46] He stumped for Hyde-Smith in suburban northern Mississippi.^[47]

In the 2018 special election, Hyde-Smith was challenged by Republican Chris McDaniel, who criticized her past Democratic affiliation. Hyde-Smith responded that she had "always been a conservative" and added that she had the support of Republican Mississippi Governor Phil Bryant.^[48] She highlighted her support for Second Amendment rights, opposition to abortion, and advocacy for the state's defense business.^[49]

Hyde-Smith declined to debate her Democratic opponent, Mike Espy, before the November 6 special election; Cochran had often done the same.^[50] After she and Espy each finished with about 41% of the vote,^[51] she agreed to debate Espy on November 20 before the runoff election.^[52]

During the runoff campaign, while appearing with cattle rancher Colin Hutchinson in Tupelo, Mississippi, Hyde-Smith said, "If he invited me to a public hanging, I'd be in the front row." The remark immediately drew harsh criticism, given Mississippi's notorious history of lynchings and public executions of African-Americans. In response to the criticism, Hyde-Smith downplayed her comment as "an exaggerated expression of regard" and called the backlash "ridiculous."^[53][54][55] She refused to apologize.^[56][57]

On November 15, 2018, Hyde-Smith appeared in a video clip saying that it would be "a great idea" to make it more difficult for liberals to vote.^[58] Her campaign said Hyde-Smith was obviously joking and that the video was selectively edited. Both this and the "public hanging" video were released by Lamar White Jr., a Louisiana blogger and journalist.^[59]

Also in November 2018, media reports noted that Hyde-Smith attended a school that was created to avoid court-mandated racial integration and made use of various Confederate symbols, and that she sent her daughter to a similar school.^[6][60]

The runoff election was held on November 27. Hyde-Smith defeated Espy, 53.9%-46.1%.^[61][62]

2020 election

Main article: 2020 United States Senate election in Mississippi

In January 2020, Hyde-Smith filed to run for a full term in the November election.^[63] She was renominated without opposition in the Republican primary. In the general election, she defeated Espy again, this time by a margin of ten percentage points.^[64]

Tenure

Hyde-Smith during the 115th Congress

Hyde-Smith during the 117th Congress

Starting in 2018, Hyde-Smith has introduced legislation that establishes the Gold Star Families Remembrance Week. She established the first formal and national recognition.^[65]

On October 6, 2018, Hyde-Smith voted to confirm Brett Kavanaugh to the Supreme Court of the United States.^[66] On October 26, 2020, she voted to confirm Amy Coney Barrett to the Court.^[67]

On January 6, 2021, Hyde-Smith was participating in the 2021 United States Electoral College vote count debate about Arizona's electoral votes when Trump supporters stormed the United States Capitol. She and other senators were removed from the Senate floor to an undisclosed location shortly after the Capitol was breached. Her staff had to shelter in her office.^[68] During the attack, Hyde-Smith tweeted: "Whatever frustrations any American may have, violence & destruction in the US Capitol, the seat of our democratic government, is unacceptable".^[69] She later said that she was afraid during the storming of the Capitol and called the rioters "criminals who need to be prosecuted".^[70]

Committee assignments

• Committee on Agriculture, Nutrition and Forestry
  • Subcommittee on Commodities, Risk Management, and Trade
  • Subcommittee on Conservation, Climate, Forestry, and Natural Resources
  • Subcommittee on Livestock, Dairy, Poultry, Local Food Systems, and Food Safety and Security
• Committee on Appropriations
  • Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies
  • Subcommittee on the Interior, Environment, and Related Agencies
  • Subcommittee on Labor, Health and Human Services, Education, and Related Agencies
  • Subcommittee on the Legislative Branch
  • Subcommittee on State, Foreign Operations, and Related Programs
• Committee on Energy and Natural Resources
  • Subcommittee on Energy
  • Subcommittee on Public Lands, Forests, and Mining
  • Subcommittee on Water and Power
• Committee on Rules and Administration

Caucus Membership

• Congressional Coalition on Adoption^[71]
• Rare Disease Caucus^[72]

Political positions

Hyde-Smith identifies herself as a conservative Republican.^[73] From 1999 to 2010, she served in elected office as a Democrat. She voted in the Democratic primary in 2008^[74] and described herself as having been a conservative Democrat during her tenure in the state legislature.^[75] She switched to the Republican Party in 2010.

In 2012, Hyde-Smith endorsed Republican nominee Mitt Romney for U.S. president.^[76]

FiveThirtyEight reported that as of January 2021, Hyde-Smith had voted in line with Donald Trump's political positions about 92% of the time.^[77] It also reported that as of November 2022, she had voted in line with President Joe Biden's political positions about 38.9% of the time.^[78]

2021 United States Electoral College vote count

On January 6, 2021, Hyde-Smith joined four other senators in voting to object to the certification of Arizona's electoral votes.^[79] She said she based her decision on "the erosion of integrity of the electoral process." Hyde-Smith added that her constituents "do not believe the presidential election was constitutional and cannot accept the Electoral College decision." Her position differed from that of fellow Mississippi senator Roger Wicker, who supported certification.^[80] She also voted not to certify Pennsylvania's electoral votes.^[81] The Jackson Free Press called on Hyde-Smith to "recant or resign" for objecting to the certification of Arizona's and Pennsylvania's electoral votes.^[82]

Following the attack on the Capitol, Hyde-Smith did not support invoking the Twenty-fifth Amendment to the United States Constitution to remove Trump from office. She also said she would not vote to convict Trump in the event of an impeachment trial.^[83]

On May 28, 2021, Hyde-Smith voted against creating an independent commission to investigate the 2021 United States Capitol attack.^[84]

Animal welfare

In 2025, Hyde-Smith received a score of 0 out of 100 from the Humane World Action Fund, the political affiliate of Humane World for Animals.^[85]

Voting rights

In 2021, Hyde-Smith expressed opposition to the For the People Act, which would expand voting rights, claiming that the bill would nullify voter identification laws in Mississippi.^[86] She also objected to allowing people to vote on Sunday, which is the Christian Sabbath and a day that black churches coordinate rides to polling places for their parishioners.^[87][88]

Fiscal policy

Hyde-Smith describes her economic positions as fiscally conservative.^[89]

In 2018, Hyde-Smith was one of 29 Republicans who joined all Democrats in opposing Senator Rand Paul's bill to cut federal spending by 1% over five years, known as the Penny Bill.^[90] Republican opponents of the bill said it could threaten federal defense and domestic programs.^[90] She faced criticism from the bill's supporters.^[91]

Hyde-Smith supported the Trump-backed Tax Cuts and Jobs Act of 2017.^[92] As a state legislator, she voted in favor of increasing unemployment benefits and in favor of raising taxes on cigarettes.^[93]

In May 2019, Hyde-Smith was a cosponsor of the Transporting Livestock Across America Safely Act, a bipartisan bill introduced by Ben Sasse and Jon Tester intended to reform hours of service for livestock haulers by authorizing drivers to rest at any point during their trip without it being counted against their hours of service and exempting loading and unloading times from the hours of service calculation of driving time.^[94]

In July 2019, Hyde-Smith was one of eight senators to introduce the Agricultural Trucking Relief Act, a bill that would alter the definition of an agricultural commodity to include both horticultural and aquacultural products and promote greater consistency in regulation through both federal and state agencies as part of an attempt to ease regulatory burdens on trucking and the agri-community.^[95]

Hyde-Smith was among the 31 Senate Republicans who voted against final passage of the Fiscal Responsibility Act of 2023.^[96]

Foreign policy

In August 2018, Hyde-Smith co-sponsored the Israel Anti-Boycott Act (s. 720). That act would have made it a federal crime for Americans to encourage or participate in boycotts against Israel and Israeli settlements in the occupied West Bank if protesting actions by the Israeli government.^[97][98]

In February 2026, Hyde-Smith supported Trump's initial strikes on Iran in the 2026 Iran war.^[99][100] In March 2026, she voted against a war powers resolution that would have limited the war until congressional consent had been obtained.^[101]

Health care

Hyde-Smith opposes the Affordable Care Act (Obamacare), saying that it "has failed Mississippi."^[102] She is in favor of repealing it but says that she supports keeping provisions ensuring protections for preexisting conditions.^[102] While in the Senate, she voted to expand the use of short-term health insurance plans, which can discriminate against people with preexisting conditions.^[102]

In July 2019, Hyde-Smith was one of eight senators to cosponsor the Palliative Care and Hospice Education and Training Act (PCHETA), a bill intended to strengthen training for new and existing physicians, people who teach palliative care, and other providers who are on the palliative care team that grants patients and their families a voice in their care and treatment goals.^[103]

In October 2019, Hyde-Smith was one of 27 senators to sign a letter to Senate Majority Leader Mitch McConnell and Senate Minority Leader Chuck Schumer advocating the passage of the Community Health Investment, Modernization, and Excellence (CHIME) Act, which was set to expire the following month. The senators warned that if the funding for the Community Health Center Fund (CHCF) was allowed to expire, it "would cause an estimated 2,400 site closures, 47,000 lost jobs, and threaten the health care of approximately 9 million Americans."^[104]

U.S. Supreme Court

Hyde-Smith and Brett Kavanaugh in July 2018

In March 2019, Hyde-Smith was among 12 senators to co-sponsor a resolution in favor of a constitutional amendment limiting the U.S. Supreme Court to nine justices. The resolution was introduced after multiple Democratic presidential candidates expressed openness to expanding the number of seats on the U.S. Supreme Court.^[105]

Social issues

Hyde-Smith opposes abortion.^[106] In 2018, she voted with Senate Republicans to prohibit federal funding from being given to any organization or facility that promotes abortion services or family planning.^[107] She opposes Planned Parenthood, describing it as "one of the worst things that has ever happened to us."^[102]

In 2018, Hyde-Smith released a statement supporting the Trump administration's travel ban on seven predominantly Muslim countries.^[108]

In February 2024, Hyde-Smith single-handedly blocked a federal law intended to protect access to in vitro fertilization treatments in the aftermath of the Alabama Supreme Court's ruling in LePage v. Center for Reproductive Medicine (2024).^[109] In a speech on the Senate floor, she claimed the bill would "legalize the creation of human-animal chimeras".^[110]

LGBT rights

In 2012, as Commissioner of Agriculture and Commerce, Hyde-Smith personally opposed a same-sex commitment ceremony at the Mississippi Agriculture & Forestry Museum, but instructed the museum to allow it after consulting with Mississippi Attorney General Jim Hood. She declared she would seek a change in state law and request from the legislature "clear and straightforward definitions about what activities can take place on the property owned by the State of Mississippi."^[111]

In November 2022, she voted against the Respect for Marriage Act, legislation that codifies same-sex marriage rights into federal law.^[112][113]

Confederate States of America

In 2007, Hyde-Smith voted for a resolution that praised a Confederate States Army soldier for his efforts to "defend his homeland".^[114] During her first term in the Mississippi Senate, she proposed renaming a state highway after Confederate President Jefferson Davis, but the legislation did not pass.^[115] In 2014, Hyde-Smith posted a photo of herself at Davis's home, Beauvoir, wearing a Confederate cap and carrying a rifle, with the caption "Mississippi history at its best!"^[114][116]

Donald Trump

Hyde-Smith with President Donald Trump, Susie Wiles, and fellow female Republican senators, January 2025

On February 5, 2020, at the first impeachment trial of President Donald Trump, Hyde-Smith voted to acquit Trump. He was acquitted.^[117]

On February 13, 2021, at Trump's second impeachment trial, Hyde-Smith voted to acquit Trump. He was once again acquitted.^[118]

Personal life

Hyde-Smith is married to a cattle farmer, Mike Smith. They are members of the Macedonia Baptist Church. They have a daughter who graduated in 2017 from Brookhaven Academy.^[6][119] Mike Smith is related to Noah Smith, who is widely believed to have committed the murder of civil rights activist Lamar Smith in 1955.^[120] These ties came to light following the above-mentioned controversial statements made by Hyde-Smith regarding "public hanging[s]."^[121]

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https://www.alternet.org/dick-durbin-2659762876/

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Dick Durbin under fire for letting GOP Senate minority veto Biden judges

Jake Johnson and Common Dreams April 10, 2023

With the disastrous consequences of the far-right's takeover of the federal court system becoming clearer by the day, the Democratic chair of the Senate Judiciary Committee is facing intense criticism for preserving a tradition that is allowing Republicans to veto judges nominated by President Joe Biden.

The so-called "blue slip courtesy" is a nonbinding Senate norm that allows lawmakers to reject nominees for court seats in their home states.

While Republicans didn't hesitate to dispense with the informal rule when they were ramming through far-right judges at a torrid pace during former President Donald Trump's four years in office, Sen. Dick Durbin (D-Ill.) has chosen to adhere to the blue slip norm for district court nominees.

That decision garnered fresh anger last week when Sen. Cindy Hyde-Smith (R-Miss.) announced she would not return a blue slip for Scott Colom, a Biden nominee for the U.S. District Court for the Northern District of Mississippi. Collum had already received approval from Mississippi Sen. Roger Wicker, also a Republican.

CNN noted Monday that "Durbin's office blasted Hyde-Smith's opposition to Colom in a statement that did not indicate whether he was rethinking the blue slip rule."

"The rule has not been respected consistently through the modern history of the Senate, and Republicans nixed the requirement for U.S. circuit court vacancies under Trump. Democrats, now in control, have refused to bring it back for appellate nominees, but Durbin has said he'd like to keep it in place for district courts," the outlet reported. "Durbin didn't waver on that position when Sen. Ron Johnson [R-Wis.] flip-flopped last year on his support of a district court nominee in his home state, state Judge William Pocan, effectively torpedoing Pocan's nomination."

Progressive advocacy groups said Monday that Durbin's refusal to ditch the blue slip tradition was made even more outrageous by a Friday ruling from Trump-appointed U.S. District Judge Matthew Kacsmaryk of Texas, who deemed the Food and Drug Administration's (FDA) approval of the abortion medication mifepristone invalid. The U.S. Justice Department is appealing the ruling.

Shortly after Kacsmaryk handed down his ruling, which parroted anti-abortion talking points, U.S. District Judge Thomas Rice of Washington State—an Obama appointee—issued a conflicting decision ordering the FDA to maintain access to the pill.

"If last week's appalling ruling from a MAGA judge attempting to ban abortion medication has taught us anything, it's that judges matter. Senate Dems must do everything in their power to confirm [Biden's] nominees, including eliminating the blue slip ASAP."

Hyde-Smith praised the Kacsmaryk ruling, calling it a "victory for pregnant mothers and their unborn children."

Durbin's adherence to the blue slip norm has also drawn frustration and backlash from fellow Democrats.

"If it's a blue slip problem and the Republicans aren't turning in their blue slips and they're being obstructionist, then we need to think about changing the rules," Sen. Mazie Hirono (D-Hawaii) told CNN.

In a tweet late Friday, former Rep. Mondaire Jones (D-N.Y.) faulted Durbin for "allowing the blue slip process to prevent confirmation of Democratic judges in red states" as right-wing judges attempt to further weaken abortion rights.

The Senate approved 96 federal judges during Biden's first two years in office, outpacing all of his recent predecessors.

But the upper chamber confirmed just 34% more Biden judges in 2022 compared to the previous year, whereas the Senate under Trump approved 177% more judicial nominees in the former president's second year in the White House than in his first.

The Senate greenlit a record 231 federal judges—not including Supreme Court justices—during Trump's four-year tenure, filling vacancies across the country with young, often unqualified right-wing judges who will have significant power over U.S. law for decades to come.

In addition to further imperiling abortion rights, Trump-appointed judges have recently issued rulings against student debt cancellation, LGBTQ+ protections, and efforts to revoke anti-immigrant policies implemented by the former president.

According to the American Constitution Society, 18 Biden judicial nominees are awaiting floor votes, 12 still must be reported out of the Senate Judiciary Committee, and six are still waiting for hearings.

The Biden administration has thus far refused to pressure Durbin to drop the blue-slip rule entirely, even after Hyde-Smith made clear that she would try to tank Colom's nomination.

Durbin has said the recent and indefinite absence of Sen. Dianne Feinstein's (D-Calif.)—a member of the Senate Judiciary Committee—has had an impact on the panel's ability to advance judges.

CNN observed that since Feinstein's office announced in early March that the senator was hospitalized with shingles, "the committee has only approved one nominee, Judge Matthew Brookman, the GOP-supported appointee for the Indiana district court seat."

But The American Prospect's David Dayen stressed Monday that the Senate GOP only has effective veto power over Biden judges "because Durbin refuses to revoke the blue-slip tradition that willingly grants Republicans the ability to obstruct."

https://www.alternet.org/2019/11/this-republican-blocked-a-background-check-bill-as-yet-another-mass-shooting-rocked-california/

... horrific school shooting unfurled on Thursday in Santa Clarita, California, a drama happening back in Washington D.C. at just about the same time dramatized why the environment that allows such violence to frequently occur persists.

Sen. Chris Murphy (D-CT) made a motion Thursday morning to force the Senate to vote on a bill that would extend and shore up universal firearm background checks in the United States, but Republican Sen. Cindy Hyde-Smith of Mississippi intervened to block the measure.

“I’m about to go to the Senate floor to ask for unanimous consent to pass universal background checks,” Murphy said on Twitter Thursday morning. “Some will call me foolish for trying – one Republican objection and this fails. But when 100 Americans are dying from gun violence every day, inaction is inexcusable.”

As expected, Hyde-Smith stepped in to thwart the effort.

“Legislation that would affect the rights of Americans under the Second Amendment should not be fast-tracked by the Senate,” she said. She argued the legislation should go through the typical committee process, and she worried that the law would block her from giving her friend’s children a gun.

....

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Mississippi Republican Senator sent her daughter to 'segregation academy' to avoid black students: report

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hhmn

https://www.democracynow.org/2018/11/21/headlines/mississippi_gop_senate_candidate_posed_for_photos_in_confederate_garb

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